HomeMy WebLinkAbout3.b. Objection of Minutes of April 19, 1994 by Sheila Klassen � � � ROSEMOTTNT CITY PROCEEDINGS
� REGIILAR MEETING
APRIL 19, 1994
Public Works Director/Building Official Wasmund gave a staff
-- overview, history, and current information on the U.S.P.C.I, Inc.
request to deposit ash in their Rosemount facility, Minnesota
Industrial Contairunent Facility (MICF) . The addition of the ash -
material would provide U.S .F.C. I. with a broader market to obtain
revenues. The Minnesota Pollution Control Agency (MPCA) , Dakota
County, and Barr Engineering, a consulting engineering company,
have not designated ash as hazardous waste, but have labeled it
as "special" waste material until further information can be
accumulated. Many other substances are also on this list. There
are specific design standards that must be adhered to specified
by MPCA for storage of ash. Prior to 1992 there were no
regulations regarding ash in Minnesota. This request by
U.S.P.C. I is an ordinance amendment and an amendment to the
Interim Use Permit .
Sheila Klassen`, 12430 Canada Court, noted that it is unknown
whether ash is hazardous material, if it will produce an odor, or •
if it has high levels of lead and mercury. The City Council was
quite careful to exclude ash from the Interim Use Permit two
� years ago. The City does receive a financial benefit user fee
per ton and a trust fund has been providing funds to many
organization locally. The MICF would have to build a "P" cell to
handle the ash. This "P° cell design is used for hazardous waste
material .
Many residents expressed concerns for any type of hazardous waste .
being stored in Rosemount . Also representatives from the Clean
� Water Action Alliance, Dakota County Citizens Alternative To
Burning, and some employed in the industrial eastern part of
Rosemount made comments against the storage of hazardous waste.
Many residents and businesses highly supported U.S.P.C. I. request
to store ash �and commented at the meeting how much benefit the
Trust Fund has been to many Rosemount organizations .
Councilmember Busho took a firm stand against the U.S .P.C. I.
request to store ash because of the timing and lack of community
trust. The request is just two years into the five year
agreement and Busho felt the issue of ash would be more clearly
defined with a review at the end of the agreement time.
MOTION by McMenomy to close the Public Hearing for U.S .P.C. I. ,
Inc. requesting a Text Amendment and a Interim Use Permit
Amendment. Secoad by Wippermann. Ayes : Wippermann, McMenomy,
Staats, Busho, Anderson. Nays : None.
MOTION by McMenomy to approve Text Ordinance B-40, Section l,
3 .2 . Second by Anderson. Discussion followed. A friendly
amendment was made.
MOTION by McMenomy to approve Text Ordinance B-40, Section 1, 3 .2
and an addition to the Interim Use Permit which will extend the
A development commitment for as long as the facility is in
3
ROSEMOIINT CITY FROCEEDINGS
_' • REGULAR MEETING
APRIL 19, 1994
Pursuant to due call and notice thereof a regular meeting of the
— Rosemount City Council was duly held on Tuesday, April 19, 1994
at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th
Street west.
Mayor McMenomy called the meeting to order with Councilmembers
Wippermann, Anderson, Staats, and Busho present. Staff present
'included: City Attorney Miles, City Administrator Burt,
Administrative Assistant Walsh, Assistant Planner Pearson, Public
Works Director Wasmund, City Engineer Osmundson, Community Center
Manager Topitzhofer, and Assistant Fire Chief Mike Reese.
Mayor McMenomy lead the group in the Pledge of Allegiance.
Additions to the Agenda were: Item 9 . i. Wensmann Rezoning; Item
9 .j . Fitness Equipment Purchase (pulled from Consent) ; and Item
10 . d. Resignation of James "Red" Staats from the Port Authority
Commission.
Assistant Fire Chief Mike Reese reported on the donation from
Koch Refinery toward the building of a Fire Safety House. This
is an educational trailer that can travel to schools and
neighborhoods to teach about fire prevention. The Assistant Fire
Chief at Koch Refinery, Pete Herpe, noted how the first Fire
Safety House was built in River Falls, Wisconsin about eight
years ago and how successful it has been. The education provided
has proven to save lives. Mayor McMenomy thanked the
representatives from Koch Refinery for the donation. Council
appreciated the support to the community. �
Councilmember Busho asked that a plaque be sent to Koch Refinery
for their support as a thank you.
MOTION by Wigpermann to approve the Consent Agenda pulling Item
4 .0. Fitness Equipment Purchase for discussion. Second by
Staats. Ayes: Wippermann, McMenomy, Staats, Busho, .Anderson.
Nays: None.
City Engineer/Assistant Public Works Director Osmundson reported
the resignation of Douglas Aldrich, who has accepted a higher
paying job in a neighboring city. Osmundson recommended hiring a
Maintenance Mechanic II to replace this position_ The
requirements are higher and this would help retain someone in the
position for a longer period of time. The hiring schedule would
provide for someone to start in early June.
MOTION by Staats to approve the revised job description and
authorize the posting and advertisement for a Level II
Maintenance Mechanic Position. Second by Anderson. Ayes:
McMenomy, Staats, Busho, Anderson, Wippermann. Nays: None.
City Engineer/Assistant Public Works Director Osmundson explained
the need for a joint meeting with the Utilities Commission. The
_ purpose is to investigate the sanitary sewer and water user
rates .
ROSEMOUNT CITY PROCESDINGS
� ` RFsGULAR MFETING '
APRIL 19, 1994
MOTION by Staats to set a Special Joint Meeting between the City
� Council and the Utilities Commission for the purpose of
discussing sewer and water user rates on May 9, 1994, at 6r30
p.m. in the Council Chambers. Secoad by Wippermann. Ayes:
Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None.
City Administrator Tom Burt has met individually with each City
Councilmember in his first month of employment. Each
Councilmember expressed the need to set goals. Two sessions are
recommended, preferably a Friday evening and a full Saturday.
MOTION by McMenomy to authorize staff to enter into an agreement
with The Brimeyer Group for team building and go�l setting with
the dates to be determined at a later time. Secoad by
Wippermann. Ayes: Busho, Anderson, Wipperman.n, McMenomy,
Staats . Nays: None.
MOTION by McMenomy to accept the resignation of Port Authority '
Commissioner James "Red" Staats from the Commission effective
immediately and begin replacement proceedings as scheduled by
staff. Second by Wippermann. Ayes: Anderson, Wippermann,
McMenomy, Staats, Busho. Nays: None.
Councilmember Anderson discussed the fitness equipment purchase
for the Community Center fitness room. Anderson noted that there
is a deficit in the funds at this time and the liability factor
' should be clearly defined. Community Center Manager Topitzhofer
noted that the strength building equipment has been used in the
past by the police department but because of space shortages at
city hall had to be stored for the past two years. The expense
is for aerobic equipment needed for a complete physical workout.
Everyone using the fitness room would require an orientation with
the equipment. Topitzhofer expressed the desire of the Community
Center Commi�sion to have an "up and running" fitness room for
the Grand Opening on June 22, 1994 . This will be a revenue
making addition to the Center and it would benefit that interest
to display all the equipment at the Grand Opening. The
Commission is looking at the fees, a wellness proposal for city
staff, and liabilities.
Because of the time, 8 : 00 o' clock, and the need to start the
public hearings, Council tabled the fitness equipment purchase
discussion to continue later in the evening. Council took a two
minute break.
The meeting was resumed at 8: 02 p.m. and Mayor McMenomy reviewed
the public process for public hearings for the audience.
Mayor McMenomy opened the Public Hearing for the U.S.P.C. I, Inc.
for the consideration of an Interim Use Permit amendment. The
recording secretary noted that the Affidavits of Published,
Mailed, and Posted Notices were on file.
2
_ ._ . __ __ _ ____ _ _ __ _ _ . _ _ ___ __
��>' ROSEMOUNT CITY PROCEEDINGS
. � RTGIILAR MEETING
;'
APRIL 19, 1994
('� � � �
Public Works Director/Building Official Wasmund gave a staff
-- overview, history, and current information on the U.S.P.C.I, Inc.
request to deposit ash in their Rosemount facility, Minnesota
Industrial Containment Facility (MICF) . The addition of the ash
material would provide U.S.P.C.I. with a broader market to obtain
revenues. The Minnesota Pollution Control Agency tMPCA) , Dakota
County, and Barr Engineering, a consulting engineering company,
have not designated ash as hazardous waste, but have labeled it
as "special° waste material until further information can be
accumulated. Many other substances are also on this list. There
are specific design standards that must be adhered to specified
by MPCA for storage of ash. Prior to 1992 there were no
regulations regarding ash in Minnesota. This request by
U.S.P.C. I is an ordinance amendment and an amendment to the
Interim Use Permit.
Sheila Klassen, 12430 Canada Court, noted that it is unknown
whether ash is hazardous material, if it will produce an odor, or .
if it has high levels of lead and mercury. The City Council was
� quite careful to exclude ash from the Interim Use Permit two
years ago. The City does receive a financial benefit user fee
per ton and a trust fund has been providing funds to many
organization locally. The MICF would have td build a "P�� cell to
handle the ash. This °P° cell design is used for hazardous waste
material.
Many residents expressed concerns for any type of hazardous waste
being stored in Rosemount. Also representatives from the Clean �
� Water Action Alliance, Dakota County Citizens Alternative To
Burning, and some employed in the industrial eastern part of
Rosemount made comments against the storage of hazardous waste.
Many residents and businesses highly supported U.S .P.C.I. request
to store ash �and commented at the meeting how much benefit the
Trust Fund has been to many Rosemount organizations.
Councilmember Busho took a firm stand against the U.S.P.C. I.
request to store ash because of the timing and lack of community
trust. The request is just two years into the five year
agreement and Busho felt the issue of ash would be more clearly
defined with a review at the end of the agreement time.
MOTION by McMenomy to close the Public Hearing for U.S.P.C.I. ,
Inc. requesting a Text Amendment and a Interim Use Permit
Amendment. Secoad by Wippermann. Ayes : Wippermann, McMenomy,
Staats, Busho, Anderson. Nays: None.
MOTION by McMenomy� to approve Text Ordinance B-40, Section 1,
3 .2 . Second by Anderson. Discussion followed. A friendly
amendment was made.
MOTION by McMenomy to approve Text Ordinance B-40, Section 1, 3 .2
and an addition to the Interim Use Permit which will extend the
_ development commitment for as long as the facility is in
3 .
ROSEMOUNT CITY PROCEEDINGS
' � � REGIILAR MEETING
APRIL 19, 1994
operation. Second by Anderson. Ayes: McMenomy, Staats,
- Anderson, Wippermann. Nays: Busho, due to lack of community
trust.
MOTION by McMenomy to adopt A RESOLIITION APPROVING AN AMENDMENT
TO THE U.S.P.C.I. , INC. MINNESOTA INDIISTRIAL CONTAINMENT FACILITY
INTERIM UST PERMIT. Second by Anderson. Ayes: Staats,
Anderson, Wippermann, McMenomy. Nays: Busho.
Mayor McMenomy called for a break. The meeting was resurned at
10 :45 p.m.
Mayor McMenomy opened the Public Hearing for The Adventure Zone:
Interim Use Permit (IUP) for Commercial Outdoor Recreation.
The recording secretary noted that the Affidavits of Published,
Mailed, and Posted Notices were on file.
Assistant Planner Pearson reviewed the request by Brett Harvey
and Wayne Passon of The Adventure Zone to continue operation of
the Commercial 0utdoor Recreation �Use in the General Industrial
District. The Planning Commission recommends approval as this is
a transitional use.
MOTION by Wippermann to close the Public Hearing for the
Adventure Zone Commercial OUtdoor Recreation Use. Second by
Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats.
� Nays: None.
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE
ADVENTURE ZONE 1994 INTERIM USFs PERMIT PTHICH SETS OIIT THE
CONDITIONS FOR OPERATION OF THE PAINTBALL RECREATIONAL USFs IN TIiE
GENER.AL INDUSTRIAL DISTRICT. Secoad by Staats. Ayes: Busho,
Anderson, Wippermann, McMenomy, Staats . Nays: None.
�
Mayor McMenomy opened the Public Hearing for Splatball, Inc.
Interim Use Permit (IUP) for Commercial 0utdoor Recreation Use.
The recording secretary noted that the Affidavits of Published,
Mailed, and Posted Notices were on file.
Jim Lathrup of Splatball, Inc. is requesting approval to continue
operation of a Commercial 0utdoor Recreation Use in a Agriculture
District. Assistant Planner Pearson reviewed the request.
MOTION by McMenomy to close the Public Hearing for Splatball,
Inc. Interim Use Permit for Commercial 0utdoor Recreation.
Second by Wippermann. Ayes: wippermann, McMenomy, Staats,
Busho, Anderson. Nays: None.
MOTION by Anderson to adopt A RESOLIITION APPROVING THE
SPLATBALL, INC 1994 INTERIM IISE PERMIT WHICH SETS..� OtTT THE
CONDITIONS FOR OPERATION OF THE PAINTBALL RECREATIONAL USE IN THE
AGRICULTUR.AL DISTRICT. Second by Staats. Ayes: McMenomy,
Staats, Busho, Anderson, Wippermann. Nays: None.
4
ROSEMOUNT CITY PROCEEDINGS `
' � � REGULAR MEETING
APRIL 19, 1994
Mayor McMenomy opened the Public Hearing for Hinzman Addition ;
- - Preliminary Plat/Final Plat. The recording secretary noted that
the Affidavits of Published, Mailed, and Posted Notices were on
file. i
�
Assistant Planner Pearson reviewed the request of Lisa Hinzman to ;
subdivide a 6.52 acre parcel into two rural residential lots.
The property is located north of 130th Street West between
Biscayne and Bengal Avenues and zoned Rural Residential District.
The Planning Commission recommends approval of the subdivision.
Ms . Hinzman noted that the potential buyers intend to keep the
lot wooded as it is now, only removing trees to site the house.
Neighbors expressed concern about over building the area.
Pearson noted that this request is within Rosemount' s
Comprehensive Guide Plan restrictions for density in a rural ,
residential area. '
MOTION by McMenomy to close the Public Hearing for the Hinzma.n
Addition Preliminary Plat/Final Plat. Second by Wippermann.
Ayes : Staats, Busho, Anderson, Wippermann, McMenomy. Nays:
None.
MOTION by McMenomy to adopt A RESOLtTTION APPROVING THE
SIIBDIVISION FOR HINZMAN ADDITION. Second by Wippermann. Ayes:
Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. ;
� City Administrator Tom Burt explained the concept of Local Effort
Funding in respect to the Rosemount Village Square. The value of
the shopping center needs to be set. Fiscal disparities would
� indicate the City would lose some of the new taxes generated.
Dakota County has not approved the City' s request for financing
of road improvements. Without the commitment of the County we
are not able to know how long the taxes would be diverted to pay
for the imprQrvements. Burt recommended that more certain
information is needed before Local Effort Funding take place.
Assistant Planner Pearson noted that Carlson Properties of
Rosemount, Inc. , is requesting final plat approval for Rosemount
Village Square. The Planning Commission reviewed the final plat
and and early draft of the Planned Unit Development on April 12,
1994 and recommends its approval. Discussion followed regarding
STAC charges, Wachter Pond, and the need for turn lanes.
Representatives of Carlsons Properties and several other
businesses and residents commented in support of the shopping
center development:
MOTION by Wippermann to table action on the Rosemount Village
Square Final Plat and Development Agreement and direct staff to
negotiate with the developer and return to the next meeting.
Secoad by Anderson. Ayes: Anderson, Wippermann, Staats, Busho.
Nays: McMenomy.
5
ROSEMOUNT CITY PROCEEDINGS
V � � REGtTLAR MEETING '
APRIL 19, 1994
City Administrator Burt researched the possibility of the City
--- Staff providing labor for parking lot improvements. Liability is
a problem and it could set a precedence for future requests on '
private property. The Port Authority is directed to continue to �
look at ways to redevelop the downtown and have parking as a
primary concern.
Assistant Planner Pearson reviewed the Wensmann Sixth Addition
Final Plat and Development Agreement. The Planning Commisaion
recommends approval . A 20 foot wide easement will be provided
along CSAH 42 for accommodation of a bike path.
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL '
PLAT FOR WENSMANN SIXTH ADDITION and authorizing the execution of
the Wensmann Sixth Addition Planned Unit Development Agreement.
Second by Busho. Ayes: Wippermann, McMenomy, Staats, Busho, :
Anderson. Nays: None.
MOTSON by Wippermann to adopt ORDINANCT B-41 AN ORDTNANCE
AMENDING ORDINANCE B - CITY OF ROSSMOUNT ZONING ORDINANCL whiCh
provides for the rezoning of the Wensmann Sixth Addition from
Agriculture to R-1 Single Family Residential (detached) and R-2
Single Family Attached. Second by Busho. Ayes: McMenomy,
Staats, Busho, Anderson, Wippermann. Nays: None. '
Further discussion took place on the purchase of fitness '
equipment for the Community Center. Topitzhofer noted that the
Center does have a million dollar policy intact for liability in
the operation of the facility. Fitness is considered a
recreation program. Wippermann noted it would be wise to have
the fitness room ready for the Grand Opening.
MOTION by Wippermann to approve purchases for aerobic equipment
for the Comm�anity Center from account 427-48000-01-580 . Second
by Staats. Ayes: Staats, Busho, Wippermann, McMenomy. Nays:
Anderson.
City Engineer Osmundson reviewed the plans and specifications for
Shannon Hills 6th Addition, City Project 251. The feasibility
report was accepted by City Council at the February 1, 1994
meeting. Bid opening date is set for May 13, 1994, 10: 00 a.m.
MOTION by Wippermann to adopt A RESOLUTION RECEIVING PLANS AND
SPECIFICATIONS/AIITHORIZING ADVERTIS�NT OF BIDS, SHANNON HILLS
6TH ADDITION STREET AND UTILITY IMPROVII��lENTS, CITY PROJECT 251.
Second by Staats. Ayes; Busho, Anderson, Wippermann, McMenomy,
Staats. Nays: None.
City Engineer Osmundson presented City Project 248, Shannon Pond
3rd Addition and City Project 242, West Ridge 5th Addition which
will be done jointly. The bid opening will be held May 13, 1994
at 10:30 a.m.
6
� 1 ROSENiOIINT CITY PROCEEDINGS
REGULAR MEETING
APRIL 19, 1994
MOTION by Staats to adopt A RESOLUTION RECEIVING PLANS AND
- -: SPECIFICATIONS/AIITHORIZING ADVERTISII�SENT OF BIDS FOR SHANNON POND
3RD ADDITION, CITY PROJECT 248, AND WEST RIDGE 5TH ADDITION, CITY
PROJECT 242, STREPT AND UTILITY IMPROVEMENTS. Second by Busho.
- Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays:
None.
City Engineer Osmundson reviewed City Projects 253 and 254 for
0'Leary' s Hills 7th and 8th Additions for street and utility
improvements. The bid opening will be held Ma.y 13, 1994, at
11: 00 a.m.
MOTION by Anderson to adopt A RES4LIITION RECEIVING PLANS AND
SPECIFICATIONS/AUTHORIZING ADVERTISED�lENT OF BIDS, 0'LEARY'S HILLS
7TH AND 8TS ADDITION STREET AND UTILITY IbIPROVEMENTS, CITY
PROJECT 253 & 254. Second by Staats. Ayes: Wippermann,
McMenomy, Staats, Busho, Anderson. Nays: None.
Assistant Planner Rick Pearson reviewed the request by Steve
Fiterman, President of Ground Development, Inc. for final plat
approval of Shannon Hills 6th Addition. This is the final phase
of the Shannon Hills Residential Planned Unit Development with 30
single family lots.
MOTION by McMenomy to adopt A RESOLIITION APPROVING THE SHANNQN
HILLS 6TH ADDITION FINAL PLAT and authorizing the execution of
the Shannon Hills 6th Addition Development Agreement. Second by
Staats. Ayes: McMenomy, Staats, Busho, Anderson, Wippermann.
Nays: None.
Councilmember Busho reminded Council of the Shamrock Award Dinner
Saturday night. Also, the Rosemount Community Center was
mentioned in the Cities Ma.gazine, good job staff !
i
MOTION by McMenomy to adjourn. Secoad by Wippermann. Ayes:
Staats, Busho, Anderson, Wippermann, McMenomy. Nays: None. The
meeting was adjourned at 1: 05 a.m.
Respectfully submitted,
� ��L�C�
�j'��/J�I�II�"
Linda Jentink
Recording Secretary
ATTEST:
Thoma.s D. Burt
City Administrator
The City Council Agenda Packet is Clerk` s File 1994-12 .
7