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HomeMy WebLinkAbout6.a. Minutes of the February 20, 2018 Regular Meeting ProceedingsROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 20, 2018 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, February 20, 2018, at 7:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Nelson, DeBettignies and Weisensel attending. Councilmember Freske was absent. Staff present included the following; o City Administrator Martin o City Clerk Fasbender o Community Development Director Lindquist o Public Works Director Erickson o Fire Chief Schroeder o Senior Planner Klatt o Chief of Police Scott o City Attorney Tietjen The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Martin stated the following changes have been made to the agenda: Item 6.o. in the consent agenda has been added. The current 9.a. item, Request by Lennar Corporation for the Approval of the Meadow Ridge Preliminary Plat, Planned Unit Development Master Development Plan with Rezoning, and a Lot Split will be delayed until a later date. Item 7.a. Case 17-46-ME Request by Dakota Aggregates to Renew their Large Scale Mineral Extraction Permit will be moved to 9.a. Motion by DeBettignies Second by Weisensel Motion to Adopt the Agenda as presented with the changes. Ayes: 4 Nays: 0. PRESENTATIONS, PROCLAMATIONS, & ACKNOWLEDGMENTS 3.a. Commendation for State Champion Cheer Team Mayor Droste introduced and awarded certificates to the entire competitive cheerleading team at Rosemount High School. This year has been very successful for the team as the team placed 1st in every competition leading up to the state tournament. Last week these 20 girls reached the finals at nationals in Florida and placed 8th in the nation. 6.a. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 20, 2018 PUBLIC COMMENT CONSENT AGENDA Motion by Nelson. Second by Weisensel. Motion to Approve the Consent Agenda a. Minutes of the February 5, 2018, Regular Meeting Proceedings b. Minutes of the February 5, 2018 Work Session Proceedings c. Bills Listing d. Approval of Council Travel- NLC CCC e. Teamsters Labor Agreement 2018-2019 f. Termination of Firefighter g. Authorize Creation and Hiring of Accountant Position and Revised Pay Structure for Accounting Supervisor h. Budget Assignments i. Condenser Replacement – Rosemount Arena j. Receive Donation / Approve Expenditure – Kicks for Kids k. CSAH 42/Akron AUAR Update l. Request by Leidner and Bester for Lot Split m. Text Amendment to Add Aboveground Storage Tanks as an Accessory Use in the GI-General Industrial Zoning District n. Approve Consulting Contract for Bonaire Path East, City Project 2018-03 o. Approve the Partnership with Retail Strategies for Consulting Services Ayes: Nelson, Droste, Weisensel, DeBettignies Nays: None. Motion carried. Items pulled for discussion: 6.j. a. Receive Donation / Approve Expenditure – Kicks for Kids: Councilmember Debettignies pulled this item to provide recognition and gratitude for this donation. Chief Scott provided a follow up on what the Kicks for Kids program was and how the program will move continue to move forward. Councilmember Nelson also expressed gratitude to Cub Foods as they have been very supportive for this and many other fundraisers. Motion by DeBettignies Second by Nelson Motion to accept two donations in the amount of $816.98 from the RAHA Bantam B1 Hockey team; and authorize the expenditure of up to $816.98 for purchasing shoes for the “Kicks for Kids” program. Ayes: Nelson, Droste, Weisensel, DeBettignies Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 20, 2018 PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS 9.a. Case 17-46-ME Request by Dakota Aggregates to Renew their Large Scale Mineral Extraction Permit through 2018 Senior Planner Klatt provided an overview of the current project, background of the permit and discussed the current permit annual request for 2018. Dakota Aggregates is adding some modifications based upon the recent Planning Commission Public Hearing i.e. reduction in number of working days, the working hours and the conditions for noise monitoring. Klatt discussed one modification Dakota Aggregates has made to their permit request for 2018, which Dakota Aggregates is proposing to expand the southern mining area by 11 acres and will expand into portions of six new sub phases in the northern mining area. This proposed modification has been made to concentrate on moving south and away from the residential area as quickly as possible. Klatt displayed an aerial image of the work that was done in October 2016 to October 2017 and stated Dakota Aggregates has been operating within their permit during this time frame. Klatt discussed recent concerns that were mentioned during the Planning Commission meeting on December 18, 2017. A public hearing was held and several residents voiced their concerns mostly regarding the amount of noise that comes from the UMore property and the amount of dust that residents believe is coming from this site. The Commission continued the item to January to allow staff time to ensure they had documented all complaints received by the City and also check what other communities do in terms of regulating mining and hauling times. Councilmember Nelson has concerns regarding the noise monitoring device’s placement stating the device was set low and covered around grass and the testing was not done when trucks were being hauled. Councilmember DeBettignies would like to know if there is a way to distinguish the noise levels from traffic on county road 42, compared to the mining noise levels and stated it is important for us to monitor when the trucks are hauling from the north and when there is severe weather. Klatt informed council that as a result of the noise concerns that have been voiced, specifically regarding the sound monitoring site and when the sound monitoring is being done, staff will be required to handle the sound monitoring testing two times a year during a time when mining is being done and plan to ensure the noise levels are in complaint with the city codes. Staff will use this data to communicate with residents and council when handling any future potential noise concerns. As a follow up from the Planning Commission meeting, staff reviewed the number of complaints that were received regarding Dakota Aggregates. On record, staff has documented 8 calls in close proximity to County Road 42, just north of the mining site. Chief Scott reassured council that residents should use 911 for any reason if they would like an officer, medic, or fire. Dakota Communications Center triages all calls that come in and the emergency calls get pushed along quicker and non-emergency calls get stacked. Staff uses the 911 calls as their way to formally document these noise complaints. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 20, 2018 Staff also surveyed surrounding community’s ordinances and found that nearly all municipal mining ordinances list specific operating hours for mineral extraction operations, but many codes, including those adopted by Apple Valley and Lakeville, provide an option for the local municipality to grant additional hours as part of the permit. The operating permit approved by the City of Rosemont follows a similar approach in that the City of Rosemount has decided to give up-front approval for certain mining activities and a limited number of hauling projects to a maximum of three projects each year with extended hours. Councilmember Nelson also expressed additional concerns regarding the possibility of containments on-site and whether it is affecting our water, the amount of dust that comes from this area and whether any monitoring is being done regarding the amount this dust. Councilmember Weisensel mentioned that when Dakota Aggregates has opened up their business to the public in the past it was one of the cleanest construction businesses that he has seen in the region and also confirmed he has stood by the sound monitoring device and heard more noise from County Road 42 versus the mining site. Mayor Droste included that there are several areas throughout the city where dust is an issue as Rosemount is surrounded by a lot of open acreage that is being farmed. Lindquist clarified that even with the 24 hour time period for mining and processing at the site, the loading and hauling of trucks from the northern dry-mining area is still limited to weekday and weekend hours, with the exception of up to three public projects per year. In that instance, they are permitted a 24 hour operation. City Attorney Tietjen explained council’s role when voting as there was previous discussion on whether Councilmember Nelson should vote due to previous public comments made regarding this particular item. Tietjen briefed council that councilmembers act at either a legislative capacity or a judicial capacity when making certain decisions. When council is making decisions at a judicial level, councilmembers need to do so with an open mind and make an un-biased decision. Councilmembers who have publicly spoken about an item before the item has been presented to council could be viewed as having a reduced ability to be impartial and open minded in decision making. Staff informed council that outside of the issues that were discussed at the public hearing at the Planning Commission meeting, staff has not found any further issues regarding this permit. The Planning Commission and staff recommend the City Council approve the renewal of the Dakota Aggregates Large Scale Mineral Extraction Permit for 2018. Motion by Weisensel Second by Debettignies Motion to renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2018, subject to the terms and conditions in the attached 2018 Mineral Extraction Permit. Ayes: Droste, Weisensel, DeBettignies Nays: Nelson. Motion carried. ANNOUNCEMENTS ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 20, 2018 Mayor Droste reviewed the calendar of events and upcoming meetings for the remainder of February and in March. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Debettignies, the meeting was adjourned at 8:32 p.m. Respectfully Submitted, Erin Fasbender, City Clerk