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HomeMy WebLinkAbout20151215 CCM RMROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2015 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, December 15, 2015 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 DeBettignies, Nelson, Weisensel and Demuth attending. Staff present included the following; o City Administrator Johnson o Assistant Administrator Foster o Community Development Director Lindquist o City Clerk Hadler o Director of Public Works/City Engineer Wrase o Chief of Police Scott The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated there had been a few changes to various items since the packet when out on Friday, including; minor corrections to the minutes, changes to the fee schedule, and the addition of the OpenGov contract. Motion by Weisensel. Second by DeBettignies. Motion to Adopt the Agenda. Ayes: DeBettignies, Nelson, Droste, Weisensel, Demuth Nays: 0. Motion carried. PUBLIC COMMENT CONSENT AGENDA Motion by DeBettignies. Second by Weisensel. Motion to Approve the Consent Agenda with the removal of 6.i. and 6.u. a. Minutes of the December 1, 2015 Regular Meeting Proceedings b. Minutes of the December 7, 2015 Work Session Proceedings c. 2016 Liquor License Renewals d. 2016 Schedule of Rates and Fees e. 2016-2017 Tobacco Licenses f. LELS Contract g. Danner Mineral Extraction Permit h. Shafer Mineral Extraction Permit i. Wells Concrete Interim Use Permit j. Barthel Preliminary and Final Plat k. Approval of CDBG Resolution FY2016 l. Bills Listing m. Budget Amendments 6.a. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2015 n. 10-Year Capital Improvement Plan (CIP) Working Program o. Steeple Center - Request for Reduced Rate p. Tree City USA Recertification q. Payment 9 & Final - Bella Vista 2nd Street and Utility Improvements r. Payment 2 & Final - East Side Water Tower Improvement Project s. Amendment of Scope of Services for Safe Routes to School Shannon Parkway and 144th Street t. Receive Plans Specs Authorize AFB 1.5MG Ground Storage Tank and Booster Station u. OpenGov Contract Ayes: DeBettignies, Nelson, Droste, Weisensel, Demuth Nays: None. Motion carried. 6.i. Wells Concrete Interim Use Permit Council member Nelson asked that the item be pulled from the consent agenda. He inquired about the operations of the proposed concrete facility. The hours are proposed for 24 hours per day. Council member Nelson recommended 7 am – 9 pm, as in his experience, the noise pollution created from the mine is less than desirable. He asked about the description of “minimal noise” and disputed the fact that OSHA backup warnings are “white noise”. Also, who was notified for the Planning Commission hearing? Ms. Lindquist stated that residents in the neighborhood north of 42 were notified by mail for the Planning Commission hearing. Council member Demuth stated she would support hours of operation that are more reasonable. Mayor Droste stated the concrete operation will be inside the building. Community Development Director Lindquist stated the applicant had requested 4 am – 10 pm. After review of the 2012 interim use permit, she realized that was where the 24 hours per day/7 days per week operating times originated. She believed that the applicant may be flexible with the hours. Mayor asked Ms. Lindquist to clarify the notification requirements. Ms. Lindquist stated the distribution list is far in excess of what would be required by law. Ms. Lindquist invited the applicant to address the hours of operation. Mr. Sam Nesius, of Wells Concrete. Wells would support different hours, 5 am – 10 pm, which is typical at other locations. The operation usually does not continue past 4 or 5 pm. However, the additional time might allow for a second shift in the future. He stated they would also like to be able to do snow removal in the off-hours. They do not use any “pure tone” back-up noise, but a white “whoosh” noise. In addition, the yard is designed such that minimal backing up is required. Council member Nelson inquired how close the nearest residence is and stated that noise travels through the open fields in that area. Ms. Lindquist stated it would be approximately one mile away. Mr. Nesius stated that there will be a 20 ft. tall berm and trees around the facility to minimize noise travel. Also, the equipment use is inside the building for the most part, which is made of very thick concrete walls. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2015 Council member Weisensel stated he had attended an open house at the Dakota Aggregates facility and recollects that the facility is very state-of-the-art. He would support 24/7 operations due to construction needs; there are projects that might need concrete during late hours. Mr. Nesius stated that late night operations typically don’t include loading trucks because of safety issues. Council member Demuth inquired about an earlier project that required notification of extended hours. Ms. Lindquist stated that was correct. Mr. Nesius stated the company could facilitate that necessity. Council member Demuth stated she would be in favor of the operating hours of 5 am to 10 pm and notification of special projects. Council member Demuth thanked the company for coming to the community and creating 30 – 50 new jobs. Mayor Droste asked staff to obtain traffic counts at 160th, with truck counts if possible. He stated there are similar facilities across the road in Empire Township that are also creating mining noise. If Rosemount shortened the operating hours for the facility in our community, we could be giving their competitors across the street a competitive advantage. Council member DeBettignies inquired about changes to item G in the resolution to compensate for making the hours shorter. Ms. Lindquist stated the she understood the proposal is that the applicant would notify the city. Council member Demuth asked if notifications were sent with the other project. Ms. Lindquist stated that they were not, but there was a notification on the website. Council member Demuth suggested change item G to say “the casting yard would operate from 5 am to 10 pm” and the rest can stay the same. Also add item L to say “if the applicant would like to operate outside those hours, they must notify the city of special projects with anticipations of the duration of the project” or something to that effect. Council member Weisensel stated he would like to make the motion as originally recommended and that the motion is for the concrete casting facility, not for the mining operation. Mayor Droste asked Ms. Lindquist to clarify the motions. Ms. Lindquist stated the second motion for the mining facility was to extent the 2012 permit from 10 years to 30. Motion by Weisensel. Second by DeBettignies. Motion to approve an Interim Use Permit (IUP) allowing a concrete casting facility as an ancillary use to the Dakota Aggregates gravel mine in UMore Park as recommended. Ayes: DeBettignies, Weisensel. Nays: Nelson, Droste, Demuth. Motion does not carry. Demuth asked about contamination from previous use by the Gopher Ordinance Works. She stated concerns about potential contaminants; arsenic and chromium. She would feel more comfortable if the MPCA could sign off on this as a condition of the permit. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2015 Mr. Jim Akin, VP of Barr Engineering, spoke on the topic of the EIS (environmental impact study). The MPCA did review all of the reports on the UMore area and did not issue a specific letter of assurance. He stated that the MPCA could do a technical review, but he doesn’t believe that they would open a file on it. Mr. Akin stated that they had found that very little contamination had actually occurred on the site. None of the areas outside of the “sites of concern”, rose to the level of having a suspicious history that would require them to be looked at. The “lumberyard” was not investigated because there was no evidence that anything was stored or that the ground was disrupted. Across the street, there was a railroad track, which did have railroad ties and some disturbed ground, and was therefore investigated further. When investigated there was evidence of native soil, so they determined that there was nothing in the area that presented evidence of contamination or need for full testing. In 2014, the health department did a full review of all accumulated studies and there was not a concern in the area. There was one area further away where asbestos had been discovered, and a cleanup was initiated. A contingency plan was required to be put in place, in the event something is discovered in the future. Mr. Akin presented a flow-chart / decision-tree that outlines necessary steps. Council member Demuth clarified her concern is with arsenic and chromium and asked if they are visible to the naked eye. Mr. Akin stated that arsenic comes from metallic objects, which would be visible. Also, that they have not found arsenic on the site. Council member Demuth stated the tested area was maybe not a “hot spot” where the arsenic weed killer might have been used. Council member Demuth stated it would be good for Council to touch base with the MPCA. She read an excerpt from a letter from 2012, which stated “appropriate evaluation will be needed on a parcel-by-parcel basis to determine what, if any, response actions will be necessary”. Ms. Lindquist believed the EIS covered this section of UMore, and the letter referred to the area where the park was being constructed, which was not covered by the EIS. Council member Demuth stated she would feel better if the MPCA signed off on this. Ms. Lindquist stated that the MPCA won’t clear something that doesn’t show there was activity in the first place. Council members discussed hours of operations. Council member Weisensel repeated support for 24/7 operations so that the company can compete in the market. Council member Nelson stated that the company is fine with the shorter hours. Council member Demuth stated preference for 5 am – 10 pm and that we can add hours down the road. Motion by DeBettignies. Second by Weisensel. Motion to approve an Interim Use Permit (IUP) allowing a concrete casting facility as an ancillary use to the Dakota Aggregates gravel mine in UMore Park. Ayes: DeBettignies, Droste, Weisensel. Nays: Nelson, Demuth. Motion carries. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2015 Motion by Weisensel. Second by DeBettignies. Motion to to amend resolution 2012-105 for an Interim Use Permit to Dakota Aggregates for a Large Scale Mineral Extraction Permit. Ayes: DeBettignies, Droste, Weisensel. Nays: Nelson, Demuth. Motion carried. 6.u. Weisensel Council member Weisensel gave an overview of the OpenGov website that is being implemented to share city financial data and performance metrics. Motion by Weisensel. Second by Demuth. Motion to approve entering into contract with OpenGov to provide financial transparency/analytics website. Ayes: DeBettignies, Nelson, Droste, Weisensel, Demuth Nays: None. Motion carried. PUBLIC HEARING NEW BUSINESS ANNOUNCEMENTS Mayor Droste reviewed the calendar of events. The next City Council meeting will be held on Tuesday, January 5th, 2015, at 7 p.m. Mayor Droste stated it’s been a pleasure to serve the community this year and wished the public a safe holiday season. 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 8:04 p.m. Respectfully Submitted, Clarissa Hadler, City Clerk