Loading...
HomeMy WebLinkAbout31658 - JANUARY 1988 - NOVEMBER 1989ROSEMOUNT CITY PROCEEDI1S REGULAR MEETING JANUARY 5, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, January 5, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Administrator Stephan Jilk conducted the swearing in of Mayor Rollan Hoke, Councilmember John Oxborough and Councilmember Dennis Wippermann. The meeting was called to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. Reverend Roger Ernst, Pastor of Our Saviors Lutheran Church offered the invocation. The agenda was amended to include Item 6(f) Update on County Issues by Steve Loeding, Item 7(i) City Hall Acoustical Treatment Price Quotations and Item 8(e) Airport Proposal for Location in Rosemount. MOTION by Walsh to approve the Consent Calendar subject to corrections to the December 15, 1987 Regular Council Meeting minutes. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough and Napper. Nays: 0. See Clerk's File 1988 -1. MOTION by Hoke to adopt Resolution 1988 -1, A RESOLUTION NAMING DEPOSITORIES /FINANCIAL INSTITUTION FOR CITY FUNDS. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke announced the city has received requests from the Dakota County Tribune, Inc. and Minnesota Suburban Newspapers for their respective newspapers to be designated the city's official newspaper. City Staff recommended the city continue using the Dakota County Tribune. See Clerk's File 1988 -1. MOTION by Hoke to designate the Dakota County Triune as the city's official newspaper. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke reviewed his recommended Council Liaison Appointments. See Clerk's File 1988 -1. MOTION by Wippermann to approve the Council Liaison Appointments as proposed. SECOND by Walsh. Councilmember Vernon Napper requested that he be appointed to a new position of Liaison to Business. Councilmember Napper felt this position would be beneficial in providing better communication between the city and the businesses and provide a method of presenting concerns of the businesses to the city. MOTION by Oxborough to amend the motion to include the appointment of Councilmember Napper as Liaison to Business. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1988 SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Poll of original motion: Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Hoke to reappoint Steve Toombs to a three year term on the Planning Commission. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Hoke that Wesley Hasbrouck be reappointed to a three year term on the Utilities Commission. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Hoke to reappoint Deanna Simpson to a three year term on the Parks Recreation Committee. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke discussed the vacancies on the three commissions. Because of the unprecedented interest in the commissions, Mayor Hoke recommended that an interview committee be formed to interview the respective candidates. Council agreed a special council meeting should be called to allow Council to participate in the interviews. Council also discussed advertising the vacancies in the local newspapers and the application process. MOTION by Walsh to approve the advertisement to fill the vacancies for one position on the Planning Commission, one position on the Utilities Commission and two positions on the Parks Recreation Committee; to accept applications from residents; to establish a deadline for receipt of applications for January 29, 1988, at 4:00 p.m. and to set a special Council meeting for Saturday, February 6, 1988, at 9:00 a.m. to interview the applicants. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke addressed the HRA Board appointment advising the five year term of Leland Knutson has expired, and the City HRA Board at their December 15, 1987 meeting passed a motion reappointing Leland Knutson to another five year term. Lee Knutson was present and withdrew his name from further consideration for this appointment. Councilmember Wippermann questioned how the length of the HRA term was established. The administrator will research this. Councilmember Napper stated he felt citizens should have the opportunity to apply as candidates. MOTION by Oxborough to appoint Mayor Hoke to the HRA Board for a five year term. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: Napper. County Board Chairman Steven Loeding was present and reported on action taken at the County Commissioner's Organization Meeting on this date. Chairman Loeding further advised the County Board adopted a resolution supporting the establishment of a task force consisting of Dakota County, City of Rosemount, Empire Township, the City of Coates and the University of Minnesota to improve the 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1988 numerous communications problems the City and County have experienced with the University. State Representative Dennis Ozment was in attendance and encouraged Council to participate by representation or as a full council on a task force to discuss mutual concerns regarding the University of Minnesota property. Administrator Stephan Jilk reviewed his memorandum and attached chronological report regarding contacts and meetings with the Minnesota National Guard since July, 1985 to the present. Jilk informed Council of the serious effort the City has made to let the Guard know how much the city wanted to see an armory located here and the disappointment experienced when it was learned the Guard has committed to building a facility in Inver Grove Heights. Jilk advised Council of his recent contacts with Dick Dewey, principal of Rosemount High School, and his interest to work with the city to have an armory in Rosemount. The administrator recommended that Council adopt another resolution reinforcing the City Council's support of an armory in Rosemount. See Clerk's File 1988 -1. MOTION by Walsh to adopt Resolution 1988 -2, A RESOLUTION PLEDGING SUPPORT TO THE MINNESOTA ARMY NATIONAL GUARD IN ESTABLISHING AN ARMY NATIONAL GUARD ARMORY IN THE CITY OF ROSEMOUNT, MINNESOTA. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson recommended Council's approval for application for payment on balance due on city hall in the amount of $21,500.00. Johnson advised this amount represents a deduction of $500.00 for correction to the council chambers wall and the withholding of $3,000.00 for correction of the parking lot. Johnson stated there has been good progress and good intent on behalf of Arkay Construction to complete the punch list items. See Clerk's File 1988 -1. MOTION by Napper to authorize the payment of $21,500 to Arkay Construction for full and final payment for Rosemount city hall. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: Wippermann. A ten minute recess was called with the meeting continuing at 9:35 p.m. Administrator Stephan Jilk and Councilmember Joseph Walsh reported on their attendance at the National League of Cities Conference in Las Vegas, December 12 -16, 1987. City Engineer Rich Hefti presented the second and final payment for the Connemara Trail Street Improvements, Contract 1987 -5, in the amount of $15,682.52 for Council approval. Hefti advised the consulting engineers have found all work completed under this project to be in compliance with the contract specifications. See Clerk's File 1988 -1. 4 MOTION by Napper to approve second and final payment in the amount of $15,682.52 for Contract 1987 -5, Connemara Trail Street Improvements and to accept the project for perpetual maintenance. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Community Development Director Dean Johnson requested Council approval for Carrollton 2nd Addition PUD Final Development Plan, rezoning from Agriculture to R -1 and Phase I of the Final Plat. Johnson noted the public hearing on these items was held on November 17, 1987, but Council elected to table action until a satisfactory phasing plan was submitted by the developer. See Clerk's File 1988 -1. MOTION by Napper to adopt Resolution 1988 -3, A RESOLUTION GIVING APPROVAL TO THE CARROLLTON 2ND ADDITION PUD FINAL DEVELOPMENT PLAN. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to adopt Ordinance No. XVII.84, AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 ZONING ORDINANCE. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Napper to adopt Resolution 1988 -4, A RESOLUTION APPROVING THE CARROLLTON 2ND ADDITION FINAL PLAT. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0 Community Development Director Dean Johnson informed Council an Amendment to the City of Rosemount Comprehensive Guide Plan to add the 42 acres encompassed by Carrollton 2nd Addition to the Municipal Urban Service Area has been approved by Metropolitan Council and requested action by Council to amend the city's Guide Plan. MOTION by Oxborough to adopt Resolution 1988 -5, A RESOLUTION APPROVING COMPREHENSIVE GUIDE PLAN AMENDMENT NO. 10. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1988 Council discussed the proposed acoustical treatment for the council chambers. Community Development Director Dean Johnson presented the quotations as recommended by the architect for city hall. Johnson advised the architect and city staff are recommending that phase one of the acoustical correction procedures be accomplished at this time in the amount of $8,322.00. The architect's responsibility for correcting this matter was discussed. See Clerk's File 1988 -1. MOTION by Walsh to authorize the expenditure up to $8,500.00 for phase one for the acoustical treatment of the council chambers. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1988 City Engineer Rich Hefti requested Council approval of Change Order #1, Shannon Parkway, City Contract 1987 -4 to allow an increase in size and depth to accommodate the run -off from Carrollton 2nd Addition. Hefti advised the developers of Carrollton 2nd Addition have committed to paying for their portion of the costs for the over sizing and extra depth of the storm sewer. Hefti stated the other aspect of the change order is to extend the substantial completion date from November 14, 1987 to June 11, 1988 with the final completion date of June 18, 1988 remaining the same. See Clerk's File 1988 -1. MOTION by Walsh to approve Change Order #1, Shannon Parkway, City Contract 1987 -4. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Council reviewed the 1988 Joint Powers Agreement between the Cities of Burnsville, Apple Valley, Eagan, Lakeville and Rosemount to allow Rosemount to participate in the traffic marking and seal coating portion of the agreement. See Clerk's File 1988 -1. MOTION by Wippermann to approve the 1988 Joint Powers Agreement for traffic marking and seal coating and to authorize the Mayor and Administrator to execute all related documents. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Council discussed the 100% petition received from Winds' Crossing Company for the installation of utilities and streets within the third phase of Valley Oak Addition Replat. City Engineer Hefti requested Council action to order the preparation of the feasibility report for utility and street improvements. See Clerk's File 1988 -1. MOTION by Walsh to accept the petition from Winds' Crossing Company for Valley Oak Addition Replat, Phase III and to authorize the consulting engineers to prepare the feasibility report for utility and street improvements. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Hoke to authorize payment for the attendance of members of the Planning Commission, City Council and staff to the Annual Planning Institute on February 19, 1988. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Councilmember Wippermann expressed concern over the reports circulating within the city and articles through the news media regarding proposals of an international airport to be located in the City of Rosemount. Wippermann stated he is against any proposal of an airport within the city and requested a resolution be adopted by Council strongly opposing any proposal for an airport in Rosemount. Council discussed Wippermann's request, and it was agreed that more information and facts need to be received before such action is taken. Council again expressed their concerns of not being informed by the University of Minnesota regarding their intentions of their property in 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1988 Rosemount. Council further agreed it would be more appropriate to channel their concerns through the task force as recommended by the County and Representative Ozment. Mayor Hoke recommended the newly elected officials on Council attend the Conference for Newly Elected Officials on February 6, 1988 presented by the League of Minnesota Cities. See Clerk's File 1988 -1. MOTION by Hoke to authorize payment for Councilmembers to attend the Conference for Newly Elected Officials. SECOND by Wippermann. It was noted this conference date of February 6, 1988 conflicted with the Special Council Meeting scheduled for the same date for the purpose of interviewing the applicants for the commission and committee appointments. MOTION by Walsh to set a cut off date for applications to the Planning Commission, Utilities Commission and Parks Recreation Committee for January 26, 1988 at 4:00 p.m. and to set a Special Council Meeting for the purpose of interviewing perspective applicants for Saturday, January 30, 1988, at 9:00 a.m. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Poll of original motion: Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk provided an update of the city's involvement by Building Official Ron Wasmund and Councilmember Vernon Napper in dealing with the City of Minneapolis, Minneapolis Bomb Squad, University of Minnesota and Dakota County Health Services concerning the hauling and disposing of excess fill material at the Minneapolis Bomb Squad site on the University of Minnesota property. Jilk referred to County Attorney James Backstrom s letter of January 4, 1988 informing the University of their violation of county ordinance and Research Center Assistant Administrator Kathy Boudreau's letter of January 4, 1988 advising the City of Minneapolis Bomb Squad to remove the debris and trash. See Clerk's File 1988 -1. Jilk endorsed the County Commissioners' adoption of a resolution supporting the establishment of a task force and recommended Council adopting a similar resolution and appointing Mayor Hoke, Councilmember Napper, Community Development Director Dean Johnson and the Administrator to be representatives of this task force. Representative Ozment indicated he would like to be a member of this task force. MOTION by Walsh to adopt Resolution 1988 -6, A RESOLUTION SUPPORTING A JOINT TASK FORCE WITH DAKOTA COUNTY, CITY OF COATES, EMPIRE TOWNSHIP, UNIVERSITY OF MINNESOTA AND STATE LEGISLATORS TO DISCUSS RELEVANT AND CRITICAL ISSUES. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. 1 Administrator Stephan Jilk suggested that Special Council Meetings be scheduled for January 25, 1988, at 3:30 p.m. to hear presentations from the city attorney's office and the city's financial consultants; February 9, 1988, at 6:30 p.m. and March 8, 1988, at 6:30 p.m. to hear presentations by departments heads. MOTION by Walsh to set Special Council Meetings on January 25, 1988, at 3:30 p.m.; February 9, 1988, at 6:30 p.m.; and March 8, 1988, at 6:30 p.m. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Council discussed organizing a tour of city facilities and the community particularly for the newly elected officials. The Administrator will recommend a date convenient for those who would like to participate. MOTION by Hoke to adjourn. SECOND by Walsh. Ayes: 5. Nays: 0. ATTEST: Stephan Jilk Administrator /Clerk Published this J day of Tribune. Respectfully submitted, 7' 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1988 Susan JQhn •n Council Secrbtary /Deputy Clerk 1988 in Dakota County ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, January 19, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. Due to inclement weather, Mayor Hoke requested the agenda be amended to table the following items until the February 2, 1988 Regular Council Meeting: Item 4; Item 6(a), 6(b), 6(c); and Item 7(a), 7(b) and 7(c). There were no additions to the agenda. 8 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1988 MOTION by Walsh to approve the Consent Calendar subject to a correction to the January 5, 1988 Regular Council Meeting minutes. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Engineer Rich Hefti presented the low and only bid opened on January 13, 1988 for the street sweeper, advising staff readvertised for a 1988 street sweeper or a 1987 demo unit with less than 100 hours as directed by Council at the December 15, 1987 meeting. Hefti advised the bid complies with specifications and requested that Council award the bid to MacQueen Equipment, Inc. in the amount of $55,780.00. See Clerk's File 1988 -2. MOTION by Walsh to accept the bid and award the contract for the 1988 street sweeper to MacQueen Equipment, Inc. in the amount of $55,780.00. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Administrator Stephan Jilk reviewed the bids received on January 11, 1988 for the fire department tanker retrofit. Fire Chief Bob Turek advised the fire department recommended that Council reject all the bids opened and cited reasons for this recommendation. The Administrator recommended the project be readvertised with bids to be received by February 5, 1988, at 3:00 p.m. and to be considered by the City Council at the February 16, 1988 Regular Council Meeting. See Clerk's File 1988 -2. MOTION by Walsh to reject all bids opened for the tanker truck retrofit and readvertise for bids with a bid opening date of February 5, 1988, at 3:00 p.m. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Community Development Director Dean Johnson presented the Carrollton 2nd Addition PUD Agreement and Development Contract and advised the developer has executed both of these documents. See Clerk's File 1988 -2. MOTION by Walsh to approve the Carrollton 2nd Addition PUD Agreement and Development Contract and to authorize the necessary signatures. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk requested Council to approve the job descriptions for the positions of Mechanic I, II and III and to authorize the amendment to the existing labor contract to include these positions. See Clerk's File 1988 -2. MOTION by Walsh to approve the job descriptions for the positions of Mechanic I, II and III and to authorize the amendment to the union contract as outlined in the administrator's memorandum of January 15, 1988. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGUALAR MEETING JANUARY 19, 1988 0 City Engineer Rich Hefti advised Council the Utility Commission and city staff are recommending that the city solicit RFP's for engineering services for design and construction of a well and water tower. Hefti noted site selection will be considered based upon the possibility of the city constructing a water treatment plant in close proximity to either Well No. 7 or Well No. 3. See Clerk's File 1988 -2. MOTION by Walsh to authorize request for proposals for the design and construction of a well and water tower with the proposals to be returned by February 17, 1988, at 4:00 p.m. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Council reviewed the letter from the County Auditor and the certificate of classification of forfeited land regarding three parcels in the City of Rosemount. Council concurred that one parcel be conveyed to the city for storm water holding /street right -of -way purposes, and the other two parcels be classified as non conservation forfeited lands. See Clerk's File 1988 -2. MOTION by Walsh to Adopt Resolution 1988 -7, A RESOLUTION APPROVING THE CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS AS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to Adopt Resolution 1988 -8, A RESOLUTION APPROVING THE APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX- FORFEITED LANDS. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Community Development Director Dean Johnson presented for discussion the City's Applications for Reduction in Assessed Valuation of Real Estate for two outlots located in White Lake Acres owned by the City of Rosemount. Johnson explained that due to an error in transferring ownership when this development was platted, these two parcels were listed as private ownership rather than public causing taxes to be levied to the listed owner. The approval of the application would cause this property to be tax exempt and abate the taxes that were improperly levied. See Clerk's File 1988 -2. MOTION by Walsh to adopt Resolution 1988 -9, A RESOLUTION APPROVING THE APPLICATION FOR REDUCTION IN ASSESSED VALUATION OF REAL ESTATE. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Napper to adjourn. SECOND by Walsh. Ayes: 5. Nays: 0. 10 Stephan Jilk Administrator /Clerk Published this 11 day of ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1988 Respectfully Submitted, M. h son ecretar D S san Counci y/ eputyClerk 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 25, 1988 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Monday, January 25, 1988, at 3:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Wippermann and Oxborough present. Councilmember Walsh arrived later in the meeting. County Board Chairman Steve Loeding, Physical Development Division Director Gary Erickson, Planning Program Management Director Jeff Connell, Solid Waste Program Manager Tim Goodman, Malcolm Pirnie Consultant Chuck Michaels and Assistant County Attorney Karen Schaefer provided an update of the resource recovery project. In this update Council was informed the site selection had been narrowed down to two locations in Rosemount. The southeast quadrant of County Road 42 and Highway 52 is the preferred site and the Pine Bend Area site is the alternate site. Chuck Michaels, representing Malcolm Pirnie, reviewed the process and criteria used for this site selection. Chairman Loeding advised if the sites are approved by the Board of County Commissioners at their meeting on January 27, 1988, the application for site approval will be forwarded to the Minnesota Pollution Control Agency for review. The Council was informed that a resolution has been adopted by the County Board of Commissioners authorizing a host community fee, and negotiations regarding fee arrangement will commence immediately after Board approval of the site location. Gerry Shannon of Springsted, Inc., financial consultant for the city, and City Attorneys David Grannis and Roger Knutson summarized their firm's roles in city government administration, and the services they provide to the city. The financial consultant discussed the current status of debt of the City and anticipated debt as the city grows. Attorneys Grannis and Knutson answered several questions regarding Minnesota Statutes Chapter 429. MOTION by Wippermann to adjourn. SECOND by Walsh. Ayes: 4. Nays: 0. Stephan Jilk, Administrator /Clerk Pu,8.&,a/iek 1%:64u ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 25, 1988 Respectfully submitted, Susan M. ohnson Council Secretary /Deputy Clerk /97f vine Ze o Y ,.e: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 30, 1988 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Saturday, January 30, 1988, at 9:00 a.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Candidates for the Planning Commission, Ron Jacobson, Greg Jackson, Otto Ped, Tom Tucker and Bob Willcox were interviewed by Council. Candidates for the Parks Recreation Committee, Barb Brown, Lois McKinley and Pat Sellner were interviewed by Council. MOTION by Wippermann to recess to Executive Session for the purpose of discussion on applicants for the Planning Commission and Parks Recreation Committee. SECOND by Walsh. Ayes: 5. Nays: 0. The Special Meeting of the City Council reconvened at 2:23 p.m. MOTION by Napper to appoint Ron Jacobson, 3647 143rd Street West to the Planning Commission for a three year term. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to appoint Lois McKinley, 3395 147th Street West, and Barbara Brown, 4345 Upper 145th Street West, to 1 0 a. 10 b. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 30, 1988 three year terms on the Parks Recreation Committee. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST: Respectfully submitted, Rollan Hoke Mayor Published this 0 day of February, 1988 in the Dakota County Tribune. ATTEST: Rollan Hoke Mayor Publ ed this Triune. Pursuant to due call and notice thereof an Executive Session of the City Council of the City of Rosemount was duly held on Saturday, January 30, 1988, at 1:00 p.m. in the conference room at the City Hall. Mayor Hoke called the meeting to order with all members present. The Council discussed the candidates interviewed by Council on this date for one position on the Planning Commission and two positions on the Parks Recreation Committee. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST: Rollan Hoke Mayor ROSEMOUNT CITY PROCEED SPECIAL MEETING JANUARY 30, 1988 Respect lly submitted, Stephan Jilk Administrator /Clerk 11 day of February, 1988 in the Dakota County ROSEMOUNT CITY PROCEEDINGS EXECUTIVE SESSION JANUARY 30, 1988 Respectfully submitted, ep n Jilk Administrator /Clerk Published this day of February, 1988 in the Dakota County Tribune. 12 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, February 2, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 8(c) Commission Appointments. The City's most recent new employees, Linda Jentink, Receptionist, and Blake Crandall, Engineer Technician, were introduced to Council. MOTION by Walsh to approve the Consent Calendar as presented. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. The plans and specifications for Hawkins Pond, Project 176 were reviewed by Council. City Engineer Rich Hefti advised he and the consulting engineer have met with Walter Strese and John Hawkins to discuss easement acquisitions and the im@act of the project on their land. Discussion was held regarding the effect of Project 177 on the grading and excavation costs for Project 176. It was the consensus of the Council to table any action until Project 177, Section 30 storm sewer improvements is discussed and further information is provided through a workshop session scheduled for February 9, 1988. Hefti requested authorization to continue negotiations for easement acquisition. See Clerk's File 1988 -3. MOTION by Walsh to authorize the city staff and city attorney to obtain the necessary easements and other acquisitions for Hawkins Pond Improvements, Project 176. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Consulting Engineer Steve Campbell reviewed the proposed phasing plan for Project 177, Section 30 storm sewer improvements. Campbell explained the three phases proposed, the subdistricts within each phase and the relationship of one phase upon another. Campbell also outlined the estimated costs for each phase. City Engineer Rich Hefti presented a preliminary assessment rate table and outlined the estimated assessment rate for each subdistrict within the proposed phases as well as the proposed assessment policy for commercial, light industrial and multi- family. Council See Clerk's File 1988 -3. Council agreed Project 177 should be discussed further at the Special Council meeting workshop on February 9, 1988. Council and staff offered to conduct an informational meeting to the residents of Project 176 and 177. Council reviewed the Master Storm Sewer Plan Request for Proposal (RFP) prepared by staff to allow the solicitation of engineering firms to prepare a master storm sewer plan for basically the urban sanitary sewer service district within the city. City Engineer 13 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1988 Hefti requested the due date for the proposals be changed from February 5, 1988 to March 1, 1988 with Council action considered at the March 15, 1988 meeting. See Clerk's File 1988 -3. MOTION by Walsh to approve the Master Storm Sewer Plan RFP and to authorize staff to solicit responses. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Council reviewed the city engineer's memorandum of January 28, 1988 regarding final payment for County Road 42 improvements, Project 163. See Clerk's File 1988 -3. MOTION by Walsh to authorize final payment to the County Highway Department in the amount of $53,021.10 for final payment for County Road 42 between CSAH 71 and US 52, Project 163. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Walsh to appoint Scott Aker to a two year term as fire chief and Jerry Anderson to a one year term as assistant fire chief. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke administered the oath of office to Scott Aker and Jerry Anderson. See Clerk's File 1988 -3. MOTION by Walsh to authorize the fire department to hold a special election at its regular meeting in March, 1988 to fill the position of secretary for the fire department. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Michele Schnitker, Director of Low Rent Housing, Dakota County HRA, presented the Cooperation Agreement to authorize the HRA to purchase up to five properties of scattered -site low rent housing in the City of Rosemount. Schnitker outlined the program and answered questions from Council. See Clerk's File 1988 -3. MOTION by Walsh to enter into a Cooperation Agreement with the Dakota County HRA for scattered -site acquisitions. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. A ten minute recess was called at 9:55 p.m. and reconvened at 10:05 p.m. Mayor Hoke presented for discussion his recommendation to have staff research various avenues or methods of conducting a citizen attitude survey. The mayor communicated his contacts with city staffs who have recently conducted professionally done citizen attitude surveys and who endorsed the 2 14 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1988 practicality and benefit of such surveys. Mayor Hoke also referred to a letter he received from a firm who provides this service. Administrator Stephan Jilk advised staff would need input from the Council for their conception on the formulation of the survey and the direction staff should take in preparing the requests for proposals. See Clerk's File 1988 -3. MOTION by Walsh to authorize preliminary research work on the different forms and types of citizen attitude surveys. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke discussed the importance of keeping citizens informed through public relation tools such as newsletters, public access television and news releases as well as the flow of information to citizens through task force and advisory meetings. The administrator and Council discussed the effect of these commitments on staff's time. MOTION by Hoke to authorize staff to research methods to improve the public relations of the city and to research ways in which additional staff could be utilized to broaden public relations and public information processes. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Council unanimously agreed to defer discussion on the building official report to the March 8, 1988 Special Council meeting. Community Development Director Dean Johnson presented for discussion the proposed amendments to the Fire Code and Building Code. Councilmember Wippermann expressed concerns regarding some of the proposed changes on the storage of liquid petroleum gases. Fire Marshall Bernie Szczesniak addressed the concerns and other questions from Council and agreed the language to some of the proposed amendments could be changed. See Clerk's File 1988 -3. MOTION by Walsh to table action on the proposed amendments to the Fire Code subject to the fire department and building department rewriting the amendments as discussed. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Council reviewed the proposed amendments to the Building Code. Community Development Director Dean Johnson advised the amendments will provide for the adoption of the current edition of the Minnesota State Building Code and Appendix Chapter 70 of the Uniform Building Code to replace the chapter on excavations. See Clerk's File 1988 -3. MOTION by Walsh to adopt Ordinance XVIII.5, AN ORDINANCE AMENDING TITLE 9, CHAPTER 1 SECTIONS 9 -1 -1 AND 9 -1 -2, AND CHAPTER 2, SECTIONS 9 -2 -1 AND 9 -2 -1, OF THE ROSEMOUNT CITY CODE. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. 3 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1988 Council reviewed the proposed changes in the fee schedules for building permits and electrical permits. Johnson noted the city has not increased either fee schedules for several years and the proposed increases would bring the city in line with area cities. See Clerk's File 1988 -3. MOTION by Napper to adopt Resolution 1988 -10, A RESOLUTION ESTABLISHING BUILDING PERMIT FEES IN THE CITY OF ROSEMOUNT. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to adopt Resolution 1988 -11, A RESOLUTION ESTABLISHING A FEE SCHEDULE FOR ELECTRICAL PERMITS IN THE CITY OF ROSEMOUNT. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk presented the recommendations made at the last Utilities Commission meeting to continue the commission and to appoint a citizen to the vacancy on the commission. Jilk further advised the commission will review the scope of responsibilities as set out in the City Code and make recommendations to Council in an attempt to clarify the commission's scope or mission. Council unanimously agreed the Utilities Commission should submit a recommendation for a person to fill the commission vacancy. See Clerk's File 1988- 3. As a repercussion to the County Board's selection for the preferred and alternate sites to be located within the city for the resource recovery project, Mayor Hoke recommended that an ad hoc committee be established to deal with the location of the resource recovery project and any issues regarding the project that affects the city. The mayor recommended the committee be made up of council, staff, planning commission and citizen representatives. Councilmember Napper requested the citizen be from the area of the resource recovery project. MOTION by Walsh to appoint Mayor Hoke and Councilmember Wippermann, Ron Jacobson, Stephan Jilk and Dean Johnson, and a citizen to be selected as members of the Resource Recovery Project Ad Hoc Committee. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. The Council reviewed the city engineer's memorandum dated January 28, 1988 regarding staff's request to authorize a feasibility report for 1988 sanitary sewer extension from Lift Station #4 to connect with an existing crossing under Shannon Parkway. City Engineer Hefti cited coinciding the construction of this project with Project 176, if approved, and discussions with parties interested in developing 80 acres east of Shannon Parkway as reasons for suggesting the project. Hefti advised the developer has been informed of his 4 n P ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1988 financial responsibility for requiring a sewer line prior to the need of the adjacent land owners. See Clerk's File 1988 -3. MOTION by Walsh to authorize the feasibility report for 1988 sanitary sewer extension, Project 181 subject to receipt of a letter of credit from the developer to guarantee the developer's contribution to this project. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke cited the importance of city staff and officials being well informed of meetings and studies on current airport issues. Mayor Hoke recommended that Council support the appointment of a city representative to the Minneapolis /St. Paul International Airport Adequacy Task Force, and delegate a city representative to attend Metropolitan Airport Commission meetings. Council agreed with Mayor Hoke's suggestions and discussed who should be appointed to attend these meetings and the strain upon existing staffs' time if requested to attend. MOTION by Walsh to adopt Resolution 1988 -12, A RESOLUTION REQUESTING THE APPOINTMENT OF A CITY REPRESENTATIVE TO PARTICIPATE IN THE METROPOLITAN COUNCIL MINNEAPOLIS /ST. PAUL INTERNATIONAL AIRPORT ADEQUACY STUDY. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke commented on the large amount of interest in the city's solicitation for commission appointments. The Mayor requested that staff and Council contemplate means of utilizing these valuable citizens through standing or advisory committees. Mayor Hoke announced the appointments of Ron Jacobson to the Planning Commission, Lois McKinley to the Parks Recreation Committee and Barbara Brown to the Parks Recreation Committee by the City Council at the Special Council Meeting held on January 30, 1988. Councilmember Napper requested a recess at 10:52 p.m. with the meeting reconvening at 11:05 p.m. Administrator Stephan Jilk reported to Council on the recent meetings of the Rosemount Advisory Council and the University of Minnesota Task Force. Council agreed the task force comprised of city and county officials should be utilized as a subcommittee to present the city's positions, through the administrator, to the Rosemount Advisory Council. See Clerk's File 1988 -3. Administrator Stephan Jilk reported on the notification received from Delta Environmental, the University of Minnesota's consultant on the rural water project, that the University has given their approval to proceed with the project with construction commencing this spring. Jilk stated the project consultants have requested that the one acre easement configuration be changed to run totally along the west property line from the north property line to the south property line. The administrator outlined the consulting hydrogeologist's reasons and recommended that Council pass a motion 5 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1988 17 to change the description of the property as set out in the contract with the Dakota County Area Vocational Institute for the easement. See Clerk's File 1988 -3. MOTION by Napper to draw up the necessary documents to change the easement at the old city hall site to run north and south along the west property line rather than in the northwest corner, and to authorize the documents be forwarded to the Dakota County Area Vocational Institute. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Administrator Stephan Jilk noted that Item 9(c) HRA Term and 9(d) Lucking Insurance are informational items with no action required by Council. See Clerk's File 1988 -3. Community Development Director Dean Johnson provided an update on his attendance with five other cities regarding this group's intent to opt out from the metropolitan transit system. The Council indicated their support of approval for funds to be designated from the general fund account in the event grant funds are not available or reimbursement is in order. Administrator Stephan Jilk requested Item 9(f) RFP's for Fire Station, Public Works Facility and Fire /Police Administration be deferred to the February 16, 1988 Regular Council Meeting. Administrator Stephan Jilk informed Council the contractor approved to do the acoustical work in the council chambers backed out of his commitment. The city hall architect has negotiated with another contractor who will begin the project on the 19th of February, 1988. MOTION by Oxborough to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Stephan Jilk Administrator /Clerk Published this cS day of F, 4",l 1988 in the Dakota County Tribune. Respectfully submitted, Susan M. Johnson, Council Secretary Deputy Clerk 1$ ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 9, 1988 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Tuesday, February 9, 1988, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Armory Issues under Item (5) Other Business. Director of Finance Don Darling outlined for Council the duties and responsibilities charged to him under the title of Treasurer and delineated in detail the specific functions of the finance department. Darling answered several questions regarding the city's investment philosophy, comp time, deputy registrar duties, budget reports and the council designated fund. As City HRA Executive Director, Darling provided an overview of the Rosemount HRA and described the tax increment district. See Clerk's File 1988 -4. Parks Recreation Director Dave Bechtold provided an overview of the city park system, the responsibilities of the department's staff, the present and proposed trail system within the city, and the present and future athletic plans and nature areas of the park system. Bechtold also reviewed the funding sources for the parks and recreation department through the various programs offered by the city. The director answered questions from Council and concluded his presentation by presenting his viewpoint on the strengths and weaknesses of the city, adding that these strengths and weaknesses attribute to an overall healthy parks and recreation system. See Clerk's File 1988 -4. City Engineer Rich Hefti provided an explanation on storm sewer projects in general. Hefti further provided historical background on the Hawkins Pond storm sewer project comparing the 1971 project and 1981 project to the present proposals being considered by Council. There was in -depth discussion with the city engineer answering several questions on the relationship of Project 176 to Project 177, the feasibility of constructing Hawkins Pond to accommodate the residents in Section 30, assessment legalities and specific drainage problems of residents within the storm sewer improvement areas. Mayor Hoke informed Council of a meeting scheduled for February 11, 1988 to meet with General Sieben and General Cox to discuss in further detail the city and school district's desires to have an armory in Rosemount. Administrator Stephan Jilk advised a memorandum addressed to him from Community Development Director Dean Johnson was forwarded to the school district office in an attempt to provide information to the school board in order to allow the school board to give some consideration for getting an armory in Rosemount and to utilize joint efforts to attach a gymnasium and ice arena to the proposed armory. Jilk further advised the memorandum explained the needs of 1 1 the city, how the school district could be involved and indicated to the school board what kind of commitment would be needed from the school district to join in the effort to bring an armory to Rosemount. See Clerk's File 1988 -4. Community Development Director Dean Johnson advised the proposed location for the multi purpose complex is a 12 -acre parcel known as the Schwarz farmstead which is contiguous with Rosemount High School and Schwarz Park. Johnson outlined several reasons for staff's selection of this location. Johnson reviewed the preliminary and general concept for a multi purpose complex which would contain a National Guard Armory, an attached ice arena and a municipal public works facility. Community Development Director Johnson recommended that Council authorize staff to begin negotiations to purchase the 12 -acre parcel. Johnson emphasized the importance of being in a position to commit a site location to the National Guard and the critical timeliness of this offer. Johnson also pointed out the risks of acquiring the site with no commitments from the National Guard or the school district. Johnson answered several questions from Council and addressed concerns from Councilmember Walsh regarding the site selection and the present lack of utilities on this site. MOTION by Hoke to adopt Resolution 1988 -13, A RESOLUTION PLEDGING SUPPORT TO THE MINNESOTA ARMY NATIONAL GUARD IN ESTABLISHING AN ARMY NATIONAL GUARD ARMORY IN THE CITY OF ROSEMOUNT, MINNESOTA. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Hoke to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST. Respectfully s i ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 9, 1988 Susan M. Johnson Council Secretary Stephan Jilk, Administrator /Clerk Published this &6 day of yr 1988 in the Dakota County Tribune. 19 20 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, February 16, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1988 The agenda was amended to include Item 5(c) Citizen Advisory Committee, Item 5(d) Resource Recovery Ad Hoc Committee, Item 5(e) Armory [moved from Item 7(a)), Item 6(i) Parks Recreation Board Report /Jaycees Park, Item 6(j) HRA Officer Election Ratification, Item 7(c) Olympic Site Selection 1996, Item 7(d) Airport Adequacy Task Force Representation, Item 8(b) Koch Refinery and Item 8(c) Legislative Conference. MOTION by Napper to approve the Consent Calendar as presented. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1988 -5. Council reviewed the bids received for the fire truck tanker retrofit as outlined in the administrator's memorandum dated February 12, 1988. The fire department membership recommended awarding the bid to Engle Fabrication, Alternate B, stainless steel tank, stainless steel bolster frame and steel equipment, in the amount of $25,580. Councilmember Walsh questioned why this equipment was under budgeted and from what fund would the overage be allocated. Administrator Stephan Jilk advised the budget amount was based on estimates provided by some of the same suppliers who bid on this project. Fire Chief Scott Aker advised the increase could be contributed to the increase of cost in stainless steel. Councilmember Napper recommended withholding a decision on determination of additional funding until the fire chief has had the opportunity to discuss this matter with the finance department. See Clerk's File 1988 -5. MOTION by Napper to accept the bids and award the contract to Engle Fabrication, Sauk Centre, MN, for Alternate B, in the amount of $23,580. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper. Nays: Walsh. Council reviewed the proposal to consider the utilization of the University Research Center elevated tank into the proposed rural water system from the firm designing the rural water system for the University of Minnesota. Administrator Stephan Jilk provided Council with another letter received this date from the same engineering firm reconsidering this proposal. Based upon this reconsideration and staff's research, the administrator recommended that Council not consider incorporating the elevated tank into the water system. See Clerk's File 1988 -5. MOTION by Hoke to disallow the Rosemount Research Center elevated water tank into the proposed rural water system and to deny ownership of this tank. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1988 In response to a member of the Planning Commission who proposed investigating the role of a citizen advisory committee and input received from several citizens over the last several weeks, Mayor Hoke reiterated that staff complete their research regarding this committee. MOTION by Hoke to appoint Thomas S. Maley, 13021 Rich Valley Boulevard, to the Resource Recovery Ad Hoc Committee. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke requested that staff schedule a meeting to determine the scope and goals of the Resource Recovery Ad Hoc Committee. Mayor Hoke reported on the resolution adopted at the February 9, 1988 Special Council meeting authorizing staff to begin negotiations with the owners of the 12 -acre parcel known as the Schwarz farmstead as a site for an armory. Mayor Hoke also summarized the meeting he attended with city staff and Rosemount High School Principal Dick Dewey when the city and school district presented their proposals to the National Guard to build an armory in Rosemount. Mayor Hoke stated he felt the meeting went very well. The National Guard will schedule a date and time to visit the proposed site and conduct soil boring tests. City Housing and Redevelopment Authority Executive Director Don Darling requested the City Council to approve the concept for providing short term funding for construction of the South Robert Square Project at the intersection of Highway 3 and 145th Street West. Darling suggested an interest rate of one percent to one and one -half percent over the current jumbo certificate of deposit rates. Darling advised the architect provided an estimate of approximately $1,000,000 to finance the project adding the City would appropriate the funds by issuing drafts. Clerk's File 1988 -5. MOTION by Walsh to approve the concept of the City of Rosemount issuing funds for a short term construction loan to the City Housing and Redevelopment Authority. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Administrator Stephan Jilk presented the requests for proposals for location and number of fire station facilities and the combining of police and fire department administrative functions for Council review and approval. The administrator advised the request for proposal for the study on the public works facility was not submitted because of continuing discussion amongst staff has indicated that staff will be able to determine the needs for this facility without the use of an outside consultant. See Clerk's File 1988 -5. 2 22 MOTION by Walsh to authorize city Proposal for Combining Police and Functions. SECOND by Oxborough. Oxborough, Napper. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1988 staff to issue the Request for Fire Department Administrative Ayes: Walsh, Wippermann, Hoke, MOTION by Walsh to authorize city staff to issues the Request for Proposal for Location and Number of Fire Station Facilities. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Council reviewed the administrator's memorandum requesting the purchase of new election equipment in the amount of $20,520. Administrator Stephan Jilk explained the operation of the new equipment, known as the Optech III -P. Jilk advised changes in Minnesota election laws required that voting equipment be equipped to indicate party preference, and the present election equipment does not have this capability. Jilk requested Council's authorization to designate the additional $8,250 needed, over budget, to come out of the council designated account. Councilmember Napper expressed concern that the $8,250 would significantly reduce this account. Clerk's File 1988 -5. MOTION by Walsh to approve the purchase of the new election equipment in the amount of $20,520 with the over budgeted amount to be taken out of the council designated account. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. The feasibility report to determine the engineering feasibility and the estimated cost for reconstructing the Chili /Chippendale/ 145th Street intersection to make a new four -way intersection was reviewed by Council. Engineer Rich Hefti advised the consulting engineer estimated the total construction cost to be $80,000, but this does not include cost for obtaining the necessary easements for the proposed realignment. Hefti requested direction from Council to authorize staff to meet with the school district to discuss the school district making a contribution to the project. Hefti stated it was staff's consensus that the school district traffic contributed significantly to the extent of the operational problems existing at this intersection. Council agreed the consulting engineer should review the feasibility report to incorporate sidewalks in the study and to prepare detailed sketches of the realignment in relation to the existing homes. See Clerk's File 1988 -5. MOTION by Hoke to table Project 179 to the March 1, 1988 Regular Council Meeting and to direct staff to review the feasibility report for the inclusion of sidewalks. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Parks Recreation Director David Bechtold updated Council on his involvement with the Rosemount Jaycees to establish a viable program for contributing funds by the Jaycees to organize a park improvement project. Bechtold advised the funds would be for the establishment 3 23 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1988 of a new city park with Jaycees providing a liaison to the Parks Recreation Committee for this project. Rosemount Jaycees Dick Bland, John Howard and Paul Eggen presented the Council with a letter announcing the establishment of the City of Rosemount Park Trust Fund and committing up to $40,000 for this project. Council extended their appreciation for this contribution and past Rosemount Jaycees' involvement in the community. See Clerk's File 1988 -5. A ten minute recess was called with the meeting continuing at 9:30 p.m. City Engineer Rich Hefti presented the feasibility report for street and utility construction for Phase III of Valley Oak Addition Replat and recommended a public improvements hearing be scheduled for Tuesday, March 15, 1988, at 8:00 p.m. The engineer reviewed the cost estimates for sanitary sewer, watermain, drainage, streets and street lighting improvements. Engineer Hefti was requested by Council to investigate the type and cost of street lighting available for this project. See Clerk's File 1988 -5. MOTION by Hoke to adopt Resolution 1988 -14, A RESOLUTION CALLING FOR PUBLIC HEARING TO CONSIDER CITY PROJECT #180, VALLEY OAK ADDITION REPLAT, PHASE III, STREET AND UTILITY IMPROVEMENTS. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Rich Hefti reviewed with Council the plans and specifications for Carrollton storm sewer overflow, City Project 166. Hefti proposed to use city forces to perform the work and to substitute a high quality plastic pipe in lieu of the proposed concrete pipe in order to reduce labor and material costs. Hefti indicated the owner of Lot 6 has dedicated the necessary easement needed for construction. See Clerk's File 1988 -5. MOTION by Hoke to approve the plans and specification for Carrollton storm sewer overflow, City Project 166. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Napper to adopt Resolution 1988 -15, A RESOLUTION APPROVING THE PLANS FOR COUNTY STATE -AID HIGHWAY 42 IMPROVEMENTS BETWEEN US 52 AND TH 55, CITY PROJECT 1987 -903. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Council reviewed City Engineer Hefti's memorandum of February 9, 1988 regarding the Utility Commission's recommendation to increase the water and sanitary sewer charges to $909. Hefti stated this represents a 22 percent increase from the current fee of $743 which was approved in 1982. See Clerk's File 1988 -5. 4 24 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1988 MOTION by Walsh to adopt Resolution 1988 -5, A RESOLUTION SETTING 1988 WATER AND SEWER RESIDENTIAL CONNECTION CHARGES. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Councilmember Walsh announced the Rosemount HRA Board elected Walsh as Chairman and Mike Willard as Secretary for 1988. MOTION by Wippermann to ratify the election results of the Rosemount HRA. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke reported on the Elected Officials Conference he attended on February 6, 1988 and the one that he and Councilmembers Oxborough and Wippermann attended on February 7, 1988. Mayor Hoke apprised Council of his contact with the Metropolitan Airport Commission regarding city representation on the Airport Adequacy Task Force. Mayor Hoke stated he was advised that the committee was too large already and too far into the process to allow any new members. The mayor stated staff will attend tha meeting scheduled for February 17, 1988, and the city will receive all the minutes and agendas in an attempt to keep up to date on the airport issue. Mayor Hoke informed Council of his involvement in an invitation to metropolitan mayors to attend an informational meeting regarding a bid effort for the Twin Cities to host the 1996 summer olympic games. Mayor Hoke advised the proposed rifle range in Empire Township has been selected for the shooting events of the olympics if the Twin Cities is selected. Councilmember Napper, as chairman of the Dakota County Gun Club, updated Council on the history of the gun club and the events leading to this proposal. Administrator Stephan Jilk reported on a recent meeting involving county and city officials and staff and the University of Minnesota regarding the extension of 160th Street through university property. Administrator Stephan Jilk presented for discussion the incident that occurred on February 13, 1988 regarding the odor emanating from Koch Refinery into surrounding cities and the fire at Koch Refinery on the same day. Jilk advised that several months ago he had suggested to Tom Seger, Industrial Relations /Environmental Manger for Koch Refinery, that the city and Koch should set up a communication program informing the city of any occurrence at the refinery that the public and city residents should be aware of. This communication would enable city staff and officials to respond knowledgeably and improve the relationship of the city and the refinery with the public when incidents like this occur. It was the consensus of the Council that the goodwill attitude and cooperation between the city and Koch have declined and should be improved. 5 1 MOTION by Hoke to request Koch Refinery to join with the City of Rosemount in implementing a communication process in which the city will be informed on all matters that could possibly affect the community. SECOND by Napper. ,Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk reported on the League of Cities Legislative Conference he attended on this date. Jilk stated this conference allows cities state wide to join together on the opening day of the legislative session and to obtain information on proposed legislation for the year. MOTION by Hoke to adjourn. SECOND by Walsh. Ayes: 5. Nays: 0. ATTES Respectfully submitted, ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1988 Susan M. Johnson Council Secretary /Deputy Clerk Stephan Jilk Administrator /Clerk Published this /7= day of ctAeAC. 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, March 1, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. 25 Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended as follows: Item 6(a) Utilities Commission Appointment was tabled; Item 6(a) was changed to Resource Recovery Project Update by Commissioner Steven Loeding; and Item 6(i) Fire Department Relief Association By— Laws Approval; Item 7(b) Middle Level Education Week Proclamation; and Item 7(c) Armory Update were added to the agenda. 26 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 1988 MOTION by Napper to approve the Consent Calendar as presented. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: O. See Clerk's File 1988 -6. Mayor Hoke advised the audience the Council held a work session on February 9, 1988 and reviewed the history of Hawkins Pond Storm Sewer, Project 176, and Section 30 Storm Sewer Improvements, Project 177. Council also reviewed the entire scope of storm water management. City Engineer Rich Hefti summarized the chronological events from 1971 to the present on Projects 176 and 177 and outlined the districts for each project. Hefti noted that although the current system in Section 30 apparently meets the needs of existing residents at this time and is consistent with traditional storm water systems, it is questionable if these needs will be met in the future. Hefti listed several factors which could change the existing conditions. Hefti answered questions from Council regarding the benefit of managing a few large ponds versus several small ponds; the current percolation rate may not meet long term needs due to additional fertilizers, pesticides, organic decay, etc.; a demographic change of household population within Section 30; and the responsibility of the city to provide the most service possible at a given time. See Clerk's File 1988 -6. Marlene Heinzen, 14587 Danbury Avenue West, stated she has experienced water problems for approximately twenty years and is against the improvement projects. Arlyn Cope, 14717 Danville Avenue West, as a representative for several people in the audience, cited several reasons for being against Projects 176 and 177. He advised homeowners were charged for the cost of storm sewer when they purchased their homes, and the developer of this area advised him that the holding ponds were constructed for capacity larger than required. Cope also stated he was against being assessed for increasing the size of Hawkins Pond if the enlargement is due to the development of Country Hills Additions and Shannon Parkway. JoAnn Cope, 14717 Danville Avenue West, requested that Council designate Twin Puddles as a permanent holding pond and not a park. Further discussion followed by Council regarding the Heinzen problem, the present need to size Hawkins Pond for Project 177, and the present benefit and need criteria to go forward with Project 177. MOTION by Napper to approve the plans and specifications for Hawkins Pond Improvements, Project 176, to include the sizing for the future inclusion of Project 177 for the total Hawkins Pond drainage district, and to authorize advertisement for bids. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 1988 It was the consensus of the Council that staff and the city attorney investigate the merits of Council designating Twin Puddles as a holding pond. 27 City Engineer Rich Hefti presented for acceptance by Council the feasibility report and attached addendum for the alignment of the Chili /Chippendale intersection, Project 179. Hefti presented overviews of the sidewalk extension and trail restoration and the proposed alignment and how it will affect adjacent properties. Council requested the feasibility report include the extension of trail on the north side of 145th Street east of Chili. Hefti stated if the feasibility report is approved, he will schedule a neighborhood meeting in the near future. See Clerk's File 1988 -6. MOTION by Napper to accept the feasibility report for Project 179, Chili /Chippendale Intersection. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. County Commissioner Chairman Steven Loeding reported on meetings he and State Representative Ozment have had with the MPCA and EPA regarding reassigning the preferred site of the resource recovery project to the Pine Bend area. Councilmember Napper requested that any further meetings regarding siting of this facility in Rosemount include representatives of the City of Rosemount. Since the City of Rosemount will be the host community for the resource recovery project, Chairman Loeding requested that the city be a leader in the area of recycling and demonstrate to surrounding communities the benefits of a recycling program. Loeding indicated the county will assist Rosemount through staffing and funding support. A ten minutes recess was called with the meeting continuing at 9:15 p.m. Council discussed the resolution drafted for support of the City Engineers Association of Minnesota recommendation to support the Transportation Finance Study Commission's recommendation for legislature to increase the share of the motor vehicle excise tax from 5% to 35% and to increase the gasoline tax by $.03 per gallon. Councilmember Wippermann felt Council did not have the expertise for making such a recommendation. See Clerk's File 1988 -6. MOTION by Hoke to postpone indefinitely any action on the resolution supporting the recommendation of the Transportation Finance Study Commission for additional funding for transportation. SECOND by Wippermann. Ayes: Oxborough, Wippermann, Hoke. Nays: Napper, Walsh. 3 28 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 1988 Community Development Director Dean Johnson recommended approval by Council to participate in the funding for a grant application for the College of St. Thomas to conduct a study to evaluate the aspects and availability of energy from the proposed resource recovery facility and identify the potential use of the energy by existing and /or new industries. See Clerk's File 1988 -6. MOTION by Walsh to contribute $2,000 to participate in the funding of a College of St. Thomas study under a grant application program for the study of the Dakota County resource recovery project. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Community Development Director Dean Johnson advised the developer of Wensmann Addition has requested that nine lots on the south side of 153rd Street West, Block 4 of Wensmann Addition be reduced to eight lots which could accommodate wider width homes. Staff recommended that the nine lots of Block 4 be replatted as part of the second phase. The Planning Commission recommended that Council vacate the drainage and utility easements originally platted on the nine lots. See Clerk's File 1988 -6. MOTION by Walsh to set a public hearing for March 15, 1988, at 8:00 p.m., or as soon thereafter as possible, to consider vacation of drainage and utility easements in Wensmann Addition, Block 4, Lots 1 -9. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Administrator Stephan Jilk advised he has received a request from the fire department to reallocate $3,500 of the $6,000 placed in their capital improvement funds to replace pagers at this time. Jilk noted the $6,000 was originally designated to increase storage in the fire station; but because of the current needs study underway and adequate storage, the fire department would prefer to use the funds to accelerate their pager replacement program. See Clerk's File 1988 -6. MOTION by Oxborough to approve the allocation of capital improvement funds for the purchase of pagers as outlined in the fire chief's memorandum of February 25, 1988. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Council reviewed the request from Don Darling, Executive Director of the Rosemount HRA, for Council to ratify HRA Resolution 1988 -H1, enacting the compensation for board members to be increased to $25 for each meeting. Council expressed concern that the HRA compensation would be inconsistent with other standing commissions or committees. See Clerk's File 1988 -6. MOTION by Napper to raise the salaries of all standing commissions /committees to a $25.00 per diem. SECOND by Oxborough. Ayes: Oxborough, Napper. Nays: Hoke, Walsh, Wippermann. Motion failed. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 1988 Council requested staff to review the legalities of changing the compensation for each of the standing commissions or committees and to contact other communities to ascertain their respective compensation policies. Administrator Stephan Jilk presented for Council review a request from Marine Bank for the city to consent to the release of the guaranty collateral in the name of William L. and Dolores G. Detlefsen. Jilk advised the Detlefsens own property in Rosemount for which a tax exempt bond was issued in 1983 for the purpose of construction of that facility. At the time the bond was issued, the city requested along with the bank that additional collateral be given in addition to the project itself to insure the bonds would be paid off. The bank is satisfied the additional collateral can be released. In addition the city attorney has reviewed this matter; and in his opinion felt the collateral can be released. See Clerk's File 1988 -6. MOTION by Walsh to approve the Detlefsen Collateral Release Agreement and to authorize the necessary signatures. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Council reviewed the feasibility report for Project 181, 1988 Sanitary Sewer Extension Lift Station #4 to Shannon Parkway. Hefti advised staff would schedule an informational meeting for the affected residents. Consulting Engineer Steve Campbell reviewed the feasibility report with Council describing the proposed improvements and estimated costs. Hefti noted the estimated cost of $56,000 does not include easement acquisition costs. See Clerk's File 1988 -6. 29 MOTION by Walsh to accept the feasibility report for Project 181, 1988 Sanitary Sewer Extension Lift Station #4 to Shannon Parkway and to place on file. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Napper to adopt Resolution 1988 -17, A RESOLUTION CALLING FOR PUBLIC HEARING TO CONSIDER CITY PROJECT #181, 1988 SANITARY SEWER EXTENSION LIFT STATION #4 TO SHANNON PARKWAY. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Administrator Stephan Jilk presented for approval the amended Bylaws of the Rosemount Firemen's Relief Association. Council reviewed the changes as listed in the Firemen's Relief Association Secretary Jon Scott's memorandum dated February 29, 1988. See Clerk's File 1988 -6. MOTION by Hoke to ratify the proposed changes in the Rosemount Firemen's Relief Association Bylaws as outlined in the 30 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 1988 secretary's memorandum of February 29, 1988. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke advised the first meeting of the Resource Recovery Ad Hoc Committee will be held on March 3, 1988, at 4:00 p.m. at city hall. Mayor Hoke reviewed the agenda for this first meeting and requested Council input regarding areas of concerns this committee could address. Mayor Hoke proclaimed March 13 -19, 1988 as National Middle Level Education Week in the City of Rosemount. Mayor Hoke updated Council regarding the visit by National Guard officials to the city and their meeting with city staff. Administrator Stephan Jilk distributed information received from a presentation by John Richter and James Serrin, advocators of a new airport in or around the City of Rosemount. Jilk advised Richter and his associates have made this presentation to chambers of commerce, Metropolitan Council and state legislators. Administrator Stephan Jilk updated Council on the recent meeting of the University of Minnesota Rosemount Advisory Committee and the action taken by this committee to adopt a resolution supporting that right -of -way be given by the University of Minnesota to Dakota County for the extension of 160th Street. This committee adopted another resolution to allow the Dakota County Area Vocational Institute to purchase 105 acres from the university. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Respectfully submitte 0 usan M. Jolind6n Deputy Clerk Stephan Jilk Administrator /Clerk o. Published this 1 1 day of y� vtak. 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 8, 1988 31 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, March 8, 1988, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. Rosemount Volunteer Fire Chief Scott Aker provided to Council an overview on the fire department membership as a whole, elected positions of fire chief, assistant chief and secretary, and appointed positions. Chief Aker further reviewed the department's policies regarding equipment, training, drills, statistics on fire and rescue calls, and how the department responds and operates on fire and rescue calls. Chief Aker also projected immediate and future needs for the department. Glen Uitdenbogerd, President of the Rosemount Fireman's Relief Association outlined for Council the objectives of the association, the two funds of the association and how they are funded, and what is dispersed from each fund. Police Chief Staats advised Council the Rosemount Police Department consist of six patrolofficers, one sergeant, one administrative assistant, the police chief and a twelve member reserve force. Chief Staats provided an overall educational background of the officers, and the recruitment procedure his department presently utilizes. Chief Staats detailed the operations of the police department, provided a computer print -out depicting numbers and types of incidents and the associated personnel hours. Chief Staats also gave a projection on growth for the city and the related growth of his department. Community Development Director Dean Johnson furnished to Council a description of the Community Development Department, the current and projected divisions within the department, the functions and roles of the department and the department's goals. Johnson described the current development projects, special projects and trends or forecasts on anticipated improvements through the year 1995. Johnson also provided residential activity from 1980 through 1987 and the projected residential units for 1988. Johnson illustrated the number of hours the department's secretary utilizes on permit and inspection activity and requested that Council begin considering the addition of a backup secretary for his department. General discussion followed regarding additional staff for this department as well as other departments at city hall, the repercussion on staff's time as a result of the city's growth and special projects staff is involved in, and the realignment of responsibilities currently assigned to staff. 32 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 8, 1988 Administrator Stephan Jilk advised he would examine the needs for staff at city hall and prepare a recommendation for Council. MOTION by Napper to adjourn. SECOND by Walsh. Ayes: 5. Nays: 0. Respectfully sub tted, san M.- ohnson Deputy Clerk Stephan Jilk Administrator /Clerk vh Published this 4 20 day of 4/AL 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, March 15, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Oxborough and Napper present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended as follows: Item 5(g) MWCC Ash Removal and Item 8(h) Leprechaun Days Fire Works were added. Item 8(1) Police Department Radio Purchase was transferred from the Consent Calendar to new business. MOTION by Oxborough to approve the Consent Calendar as amended. SECOND by Walsh. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1988 -8. The proposed amendments to the City Fire Code were reviewed by Council. Administrator Stephan Jilk advised the amended code addresses the questions and concerns Council expressed at the meeting on February 2, 1988. See Clerk's File 1988 -8. MOTION by Walsh to adopt Ordinance XVIII.6, AN ORDINANCE AMENDING TITLE 6, CHAPTER 1, SECTIONS 6 -1 -1 THROUGH SECTIONS 6 -1 -6, OF THE ROSEMOUNT CITY CODE. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: 0. Administrator Stephan Jilk presented the proposed ordinance to amend City Code Title 2, Chapter 4, outlining the authority and responsibilities of the Rosemount Utilities Commission. Jilk noted ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1988 the amendments reflect the discussions and conclusions arrived at by the Utilities Commission in an attempt to clarify the scope of the responsibilities and authority vested in the commission by the City Council of Rosemount. One change was the compensation to be received by the members. The administrator recommended postponing any action on the ordinance since compensation for all city commissions and committees will be discussed at the April 5, 1988 Council meeting. See Clerk's File 1988 -8. MOTION by Walsh to postpone adoption of An Ordinance Amending Title 2, Chapter 4, Pertaining to Public Utilities Commission definitely to the April 5, 1988 Council meeting. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Hoke. Nays: 0. Public Works Director Rich Hefti presented a resolution clarifying the Council's past actions regarding recent rate increases for user fees and connection charges and bringing Resolution 1983 -11 up to date. See Clerk's File 1988 -8. MOTION by Walsh to adopt Resolution 1988 -18, a resolution regarding WATER AND SEWER RATES, CHARGES AND DEPOSITS. SECOND by Hoke. Ayes: Napper, Walsh, Hoke, Oxborough. Nays: 0. Council reviewed the permit to be issued by the city to Lee Moeller d /b /a The Adventure Zone for the period of April 1, 1988 to October 31, 1988. See Clerk's File 1988 -8. 3 3 MOTION by Walsh to approve the renewal of the permit for The Adventure Zone from April 1, 1988 to October 31, 1988 and to authorize the necessary signatures. SECOND by Oxborough. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: 0. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Hoke opened the public hearing to consider the improvements for Valley Oak Addition Replat, Phase III, streets and utilities. The Administrator /Clerk had in his presence the Affidavit of Publication and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -8. Consulting Engineer Steve Campbell gave a detailed overview of the project describing the proposed utility and street improvements and the estimated cost for each improvement. The engineer advised the developer will be required to complete all site grading, street grading and additional work on Outlot A of a previous addition before the project will begin. City Engineer Rich Hefti advised the development will be responsible for the estimated construction cost in the amount of $177,000.00 and an amount of $56,958.00 that was not 2 34 assessed for lateral benefits from core facilities installed under city Project #154, Contract 1985 -3. See Clerk's File 1988 -8. There were no public comments regarding this project. MOTION by Walsh to close the public hearing. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Napper to Adopt Resolution 1988 -19, A RESOLUTION ORDERING THE IMPROVEMENTS FOR VALLEY OAK ADDITION REPLAT, PHASE III, CITY PROJECT #180. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Hoke. Nays: 0. MOTION by Walsh to adopt Resolution 1988 -20, A RESOLUTION ORDERING THE PLANS AND SPECIFICATIONS FOR STREET AND UTILITY IMPROVEMENTS IN VALLEY OAK ADDITION REPLAT, PHASE III. SECOND by Hoke. Ayes: Napper, Walsh, Hoke, Oxborough. Nays: 0. Mayor Hoke opened the public hearing scheduled for this time explaining the purpose of the hearing is to receive input on the vacation of all drainage and utility easements affecting Lots 1 -9, Block 4, Wensmann Addition. The Administrator /Clerk had in his presence the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1988 -8. Community Development Director Dean Johnson advised the request from the developer to consider vacation of easements has been withdrawn. MOTION by Walsh to close the public hearing. SECOND by Oxborough. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: 0. No action was taken by Council. City Engineer Rich Hefti recommended that Council approve the hiring of Dean Sandstrom to fill the mechanic position at the Mechanic III, Step B Level, at a starting salary of $12.02 per hour. Hefti further recommended that upon completion of a satisfactory six month probationary period, Sandstrom be moved up to the Step C classification; and after one year completion of a successful probationary period, move up to Step D classification. See Clerk's File 1988 -8. MOTION by Napper to hire Dean Sandstrom for the position of Mechanic III, Step B Level, at a starting salary of $12.02 and a starting date of April 4, 1988 and to approve the accelerated step process as recommended by the city engineer. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson presented for Council approval a Joint Powers Agreement and adopting resolution to cause an "Area Needs Assessment /Transit Study" on behalf of the six cities working together in evaluating a program to be set up and 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1988 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1988 established by the six cities to operate and maintain, within financial limits already set up by the Metropolitan Transit Commission, for bus service to the same six cities. Johnson advised the joint powers agreement requests 100 percent funding from the Regional Transit Board; but if the grant is denied the cities will agree to proceed with the study and share in the costs according to a percentage contribution based upon population. See Clerk's File 1988 -8. MOTION by Walsh to adopt Resolution 1988 -21, A JOINT RESOLUTION FOR AREA NEEDS ASSESSMENT /TRANSIT STUDY. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Hoke. Nays: 0. Councilmember Napper commented on the article in the "St. Paul Pioneer Dispatch" this date regarding the firm which hauled ash for the MWCC to a remote location in South Dakota for processing. Napper stated South Dakota officials are attempting to stop this transporting of ash to their state. Since a location in Rosemount is used for interim storage of the ash, Councilmember Napper wanted to bring this to Council's attention and direct city staff to research how much ash is still being stored at this site and if the city has a responsibility for removal of it. Administrator Stephan Jilk advised that because of the discussion by Council at a past meeting regarding recent incidents during the last several months at Koch Refinery and the lack of communicating these incidents to the city and its residents, Ray Knutson, Vice President of Operations for Koch Refinery, has requested to speak to the Council regarding these incidents and their desire to improve the relationship with the city. Ray Knutson provided background information on the operation and employees of Koch Refinery, in addition to reviewing recent issues and incidents, environmental areas that affect the refinery, a community notification plan, better communication to the community and increased media communications by Koch Refinery. A recess was called at 9:15 p.m. with the meeting continuing at 9:25 p.m. MOTION by Walsh to ratify the resignation of Duane Jacobson from the Rosemount Volunteer Fire Department. SECOND by Oxborough. Ayes: Napper, Walsh, Hoke, Oxborough. Nays: 0. City Engineer Rich Hefti presented the one hundred percent petition received from Parkview, Inc. for O'Leary's Hills 4th Addition utility and street improvements, Project #184. See Clerk's File 1988 -8. MOTION by Walsh to accept the petition for Project #184, 4 35 36 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1988 O'Leary's Hills 4th Addition utility and street improvements and to authorize the feasibility report for this project. SECOND by Oxborough. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: 0. City Engineer Rich Hefti presented the final assessment roll for Connemara Trail Street Improvement, Project #169 and recommended the final assessment hearing be scheduled for April 19, 1988, at 8:00 p.m. Hefti reviewed the method of determining the residential street equivalent cost for this project. See Clerk's File 1988 -8. MOTION by Walsh to adopt Resolution 1988 -22, A RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR HEARING ON THE PROPOSED ASSESSMENT CONNEMARA TRAIL STREET IMPROVEMENT, CITY PROJECT #169. SECOND by Napper. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: 0. Parks Recreation Director David Bechtold informed Council of the three quotes received for the purchase of a 50HP tractor to be used primarily on ball fields and for turf management. The low quote was received from Bahls Motor Implement Company of Hastings for a Case /International 585 in the amount of $11,975. See Clerk's File 1988 -7. MOTION by Walsh to authorize the purchase of a Case /International 585 from Bahls Motor Implement Company in the amount of $11,975 to be allocated from the CIP fund. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson reported on the Planning Commission's review of the preliminary plat for Shannon Oaks. Johnson stated the plat submitted this date consisted of 11 lots; and upon discussion with the Planning Commissioners, the developer indicated he would revise the preliminary plat to consist of 12 lots. The Planning Commission approved the concept of the preliminary plat with formal approval at their next meeting. The Planning Commission recommended that Council set a public hearing for approval of the preliminary plat for April 5, 1988, at 8:00 p.m., or as soon thereafter as possible. MOTION by Walsh to set a public hearing for April 5, 1988, at 8:00 p.m., or as soon thereafter as possible, to review Shannon Oaks Preliminary Plat. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Hoke. Nays: 0. Community Development Director Dean Johnson advised the County Board will be soliciting appointments from each of the cities for representation on two subcommittees called organized and routed collection and recycling. In addition, the board may be recruiting volunteers to serve on a solid waste management education committee. It was the unanimous consensus of the Council that staff should advertise for these committee members. MOTION by Hoke to recruit and recommend to the County Board the appointment of three individuals to the routed and organized 5 1 1 MOTION by Walsh to approve the bill in the amount of $5264.00 for eight portable radios and holsters. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: 0. In an effort to recognize the Minnesota Twins for winning the 1987 World Series, Mayor Hoke advised the Northern Dakota County Chambers of Commerce has organized a joint effort by the member cities to attend a Twins baseball game on June 1, 1988. In support of the Chambers' recognition of the Minnesota Twins, Mayor Hoke proclaimed June 1, 1988 as "Rosemount Day at the Twins" game. Mayor Hoke advised the city hall will be an outlet for selling game tickets for this event. MOTION by Hoke to adopt Resolution 1988 -23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMOUNT SUPPORTING THE CONCEPT OF MINNEAPOLIS -SAINT PAUL HOSTING THE 1996 SUMMER OLYMPICS. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Hoke. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1988 37 collection subcommittee, recycling subcommittee and education subcommittee. SECOND by Walsh. Ayes: Napper, Walsh, Hoke, Oxborough. Nays: 0. MOTION by Oxborough for the City of Rosemount to expend the necessary funds for the purchase of fire works for the 1988 Leprechaun Days program. SECOND by Hoke. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: 0. Councilmember Walsh addressed the purchase of eight portable radios and holsters which he had requested be removed from the consent calendar and discussed under new business. Walsh questioned the purchase of this CIP item without prior Council approval since it was his understanding all CIP expenditures required authorization by Council. The administrator advised he was not aware of such a policy and suggested that as part of the discussion and preparation of the 1989 budget and CIP, that staff review Councilmember Walsh's concern as well as an overall review of the expenditure approval procedure. Mayor Hoke reported on a recent meeting he and City Treasurer Don Darling attended regarding the 1996 Summer Olympics in the metropolitan area. Mayor Latimer and Mayor Fraser hosted the meeting with invitations to all metropolitan cities. The purpose of the meeting was to gain support and strengthen the Twin Cities' bid effort for the 1996 games to be held in Minnesota. Mayor Hoke recommended that Council adopt a resolution supporting this event. MOTION by Hoke to adjourn. SECOND by Walsh. Ayes: 4. Nays: 0. 38 Stephan Jilk Administrator/Clerk Published this /7 1 day of ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 1988 Respectfully submitted, usan M. Deputy Clerk on 1988, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 5, 1988 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, April 5, 1988, at 7:00 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke opened a public hearing scheduled for 7:00 p.m. explaining the purpose of the hearing is to receive comment on Modification IV to the Rosemount Redevelopment Plan, adopted by the Rosemount Housing and Redevelopment Authority on March 21, 1988. The Administrator /Clerk had in his presence the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1988 -9. Council reviewed Modification IV to the Rosemount Redevelopment Plan. See Clerk's File 1988 -9. MOTION by Walsh to close the public hearing. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to adopt Resolution 1988 -24, A RESOLUTION APPROVING MODIFICATION NO. IV TO THE REDEVELOPMENT PLAN PURSUANT TO MINNESOTA STATUTES 462.411, ET.SEQ. AND INCLUDING THE USE OF TAX INCREMENT FINANCING PURSUANT TO MINNESOTA STATUTES 273.78 IN THE ROSEMOUNT REDEVELOPMENT PROJECT. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Napper to adjourn. SECOND by Hoke. Ayes: 5. Nays: 0. Stephan Jilk Administration /Clerk Published this /a rk day of Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 5, 1988 Respectfully submitted, 39 Susan M. Jufinson Deputy Clerk 1988 in Dakota County ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1988 Pursuant to due call and notice thereof the Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, April 5, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 9(i) Fire Department Membership /Grievance Committee Approval and Item 9(j) Training Exercise /Burning Permit Approval. MOTION by Wippermann to approve the Consent Calendar with amendment to page 3, paragraph 7, line 4, to read, Hefti further recommended that upon completion of a satisfactory six month probationary period, Sandstrom be moved up to the Step C classification; and after one year completion of a successful probationary period, move up to Step D classification. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to ratify the election of Robert Tabery as secretary of the Rosemount Volunteer Fire Department beginning this date and ending at the annual meeting in January, 1989. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke conducted the swearing in of Robert Tabery for the position of secretary for the Rosemount Volunteer Fire 40 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1988 Department. Secretary Tabery was congratulated by Council and staff. See Clerk's File 1988 -10. Administrator Stephan Jilk advised the fire department salaries approved by Council at the December 1, 1987 regular Council meeting were somewhat different from the salaries that were approved by the fire department membership on December 8, 1987 at a special meeting. At the regular March meeting the fire department membership voted to present the salary situation to Council again for adjustment. Specifically, the membership requested that the fire marshall's salary go from $750 to $600 and the training department go from $350 to $500. The administrator recommended approval of the adjustment. See Clerk's File 1988 -10. MOTION by Walsh to approve the officer salaries recommended by the fire department as outlined in the memorandum from Scott Aker dated March 23, 1988. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Engineer Rich Hefti advised he contacted Tom Nelson, Director of Support Services of Independent School District 196, who indicated he did not feel the school district could provide any financial assistance in the Chili /Chippendale intersection, Project 179. Traffic consultant, Glen Van Wormer, provided an overview of the revised feasibility study and answered questions from Council and residents regarding this project. It was the unanimous consensus of the Council that staff arrange a meeting with school district officials to discuss further the school district's financial responsibility in this project and that plans and specifications be postponed until this meeting occurs. See Clerk's File 1988 -10. MOTION by Walsh to accept and place on file the feasibility report on 145th Street Intersections at Chippendale Avenue and Chili Avenue, City Project No. 179. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Hoke opened the public hearing to consider the improvements for Project #181, Sanitary Sewer Extension from Lift Station #4 to Shannon Parkway. The administrator /clerk had in his presence the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -10. Consulting Engineer Steve Campbell provided a presentation of the project, the scope and the estimated cost. Campbell recommended combining this project with Project 176 to enable a cost savings although there would be a separation of costs for each project. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1988 City Engineer Rich Hefti advised there was an informational meeting held on March 29, 1988 for the residents in the project area. Hefti explained the proposed method of assessments at an estimated assessment rate of $18.50 per front foot. Hefti felt that consideration be given to extending the mandatory hook up time for those residents who have recently revamped their septic system and drainfield. See Clerk's File 1988 -10. 41 John Hawkins, 4173 145th Street West opposed the proposed assessment on his two lots which are zoned agriculture and stated he felt the developer of the Carrollton property should participate in the assessments of this project. City Engineer Hefti answered several questions from Council and audience members regarding extension of the sanitary sewer hookup time, the affect of the project on the market value of homes, the proposed assessment methodology, green acres and senior citizen deferments on assessment and future water lines in this area. MOTION by Walsh to close the public hearing. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Councilmember Wippermann advised he would not approve the project until the issue on the assessment method for this project is resolved. The general consensus of the Council was to order the plans and specifications, and direct staff to address the assessment issue with further recommendations to Council prior to approval of the plans and specifications. MOTION by Walsh to approve Project 181, Sanitary Sewer Extension from Lift Station #4 to Shannon Parkway and to order the plans and specifications for Project 181. SECOND by Napper. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: Wippermann. Mayor Hoke opened the public hearing scheduled for this time explaining the purpose of the hearing is to consider the Shannon Oaks Preliminary Plat. The administrator /clerk had in his presence the Affidavit of Published Notice and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -10. Community Development Director Dean Johnson presented the preliminary plat for Shannon Oaks which consists of 62.4 acres and subdivided into twelve lots. This plat is located off County Highway 38 and will be accessed from the northernmost portion of Shannon Parkway which will be constructed for this project. The lots range in size from slightly over four acres to approximately seven acres yielding an overall density of one home per five acres. 3 42 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1988 Developer John Houston, President of the Great Stock Corporation explained the Shannon Oaks preliminary plat and answered questions from Council concerning grading and trails. Houston advised there will be minimal grading and clearing of trees, and he is contemplating trails on each side of the proposed Shannon Parkway and around the perimeter of the subdivision. Johnson advised the Planning Commission have indicated they will approve a variance request to allow horses on those lots less than five acres. MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Wippermann to adopt Resolution 1988 -25, A RESOLUTION GIVING APPROVAL TO THE SHANNON OAKS PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL APPROVAL. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. A recess was called at 9:10 p.m. with the meeting continuing at 9:20 p.m. Administrator Stephan Jilk informed Council of the names of the two residents who indicated a desire to serve on the Dakota County subcommittees concerning solid waste issues. One of the citizens contacted city hall this date and indicated there may be a time problem. Council discussed the two councilmembers who indicated a willingness to serve on the committee and the one resident. See Clerk's File 1988 -10. MOTION by Hoke to appoint Vernon Napper to the Recycling Committee, John Oxborough to the Routed Collection Committee and John Stoerzinger to the Education Committee. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk referred to his memorandum dated March 28, 1988 regarding the commission /committee pay information survey by city staff and the results. The administrator advised the survey revealed that the majority of standing committee are not specifically renumerated for monthly meetings but receive pay for associated expenses for conferences and outside city meetings. The survey further revealed the reimbursement for educational expenditures is different for every city, and the renumeration for monthly meetings averages $25 -$35. Discussion followed with Council offering several recommendations. See Clerk's File 1988 -10. MOTION by Walsh to approve the compensation levels for the Utilities Commission /Cable TV Commission and HRA Commission at a $25 a meeting rate and the Planning Commission and Parks Recreation Committee at a $15 a meeting rate. SECOND by Napper. Ayes: Napper, Walsh, Hoke, Oxborough. Nays: Wippermann. 1 1 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1988 43 MOTION by Oxborough to adopt Ordinance No. VII.5, AN ORDINANCE AMENDING TITLE 2, CHAPTER 4, PERTAINING TO PUBLIC UTILITIES COMMISSION. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Community Development Director Dean Johnson provided an update on the transit opt -out involving the cities of Prior Lake, Savage, Rosemount, Apple Valley, Burnsville and Eagan to coordinate a study to evaluate transit needs in this area. Johnson informed Council a grant for up to $50,000 has been approved to fund an area needs assessment /transit study as well as the involvement of the Regional Transit Board staff. Council reviewed the petition received from the developer of Shannon Oaks for the construction of Shannon Parkway within the Shannon Oaks development. City Engineer Hefti noted the developed area represents 100% of the property owners affected by this proposed project and recommended that Council order the feasibility report. See Clerk's File 1988 -10. MOTION by Wippermann to received the petition and order the feasibility report for Shannon Parkway North Street Improvements, Project #185. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Discussion on the airport issue was addressed by Mayor Hoke. Mayor Hoke outlined the format for discussion: (1) provide background review to some citizens who may not be familiar with the process; (2) have council discussion; (3) recognize L. James Fortman, Director of Airport Development, Metropolitan Airports Commission; (4) hear from citizens; and (5) action by Council, if necessary. Mayor Hoke reviewed his understanding of the current studies being conducted by the Airport Adequacy Task Force and the Metropolitan Airports Commission. Mayor Hoke advised the sole purpose of the Airport Adequacy Task Force is to determine the adequacy of the existing airport to handle the projected demand on it; and if the projections cannot be handle by the existing airport whether or not a new airport should be built. Mayor Hoke stated the Council had taken a position to honor the process established by these two commission; but because of ongoing studies, media coverage of the process and other proponents' recommendations have led to the general public's perception that Rosemount is being considered and in fact has already been chosen for the new airport, the Mayor recommended that Council reconsider their present position. Mayor Hoke questioned whether the rules of the formal process that Council has been honoring changed by giving so much credibility to the Citizen League and Serrin /Richter report. James Fortman, Director of Airport Development, Metropolitan Airports Commission, advised he requested to attend this Council meeting to clarify any questions and to clarify the 44 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1988 present process by the associated airport agencies. Fortman reviewed the process of the Metropolitan Airports Commission and the Metropolitan Council noting that the study by the Metropolitan Airports Commission addresses the existing airport only. Fortman offered to return before Council in a few months to provide another update. Fortman also explained the Serrin /Richter plan advising the plan was designed by two individuals who are members of the MASA, and not associated with the Metropolitan Airports Commission. Members of the audience offered several questions and comments regarding the possibility of an airport in Rosemount. Council discussed the Airport Position Paper prepared by city staff in setting a position on the issue of the airport, the media coverage on the airport and citizen concerns about the process occurring presently dealing with this issue. Council unanimously agreed a form of communication should be forwarded to the agencies involved setting out the city's position. Councilmember Wippermann consented to act as Council liaison to any citizens concerned with the airport issue. MOTION by Napper to nominate Dennis Wippermann as Council liaison to citizens on the airport issue. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Wippermann to direct city staff to address letters to the Minneapolis /St. Paul International Airport Adequacy Study Commission, Metropolitan Council, Metropolitan Airports Commission and Metropolitan Aircraft Sound Abatement Council outlining the three position statements outlined in the Airport Position Paper dated March 31, 1988 and to request these agencies to clarify their positions on the proposals for the new airport being presented through the Serrin /Richter plan and any other proposals. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Napper. Nays: 0. Mayor Hoke gave a slide presentation on his proposal for a community involvement process. Mayor Hoke stated he felt it was the responsibility of council and staff to empower citizens to be a part of the community involvement process. The Mayor proposed utilizing the services of the Minnesota Community Improvement Program which would provide recommendations and staff to assist in the community involvement process. Mayor Hoke explained the core of the community involvement process would be town meetings and that a steering committee be appointed to help in the planning for the fall town meeting. Mayor Hoke also requested approval for an open house to be held on May 3, 1988 at city hall in conjunction with Minnesota Cities Week to be proclaimed by the Governor for the first week in May. MOTION by Hoke to apply to be part of the Minnesota Community Improvement Process, to support the concept of community involvement process and to have an open house at city hall on May 3, 1988 in 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1988 45 participation of Minnesota Cities Week. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Bob Sime of 1504 Auburn Court, Eagan, Minnesota requested that Council adjust or forgive his assessment on Lot 5, Block 2 of White Lake Acres. Sime objected to having to pay the interest on the special assessment due to lack of notice of the assessment. Sime offered to pay the assessment and interest to date. MOTION by Walsh to deny the request of Bob Sime to adjust or forgive the interest on Lot 5, Block 2 of White Lake Acres. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Engineer Rich Hefti requested Council authorization to authorize up to $10,000 for various handicap access projects within the city, removing the existing grass around the tennis court in Charlies' Park and replacing it with concrete and other additional work the contractor would be able to perform at the same time. See Clerk's File 1988 -10. MOTION by Napper to authorize expenditures not to exceed $10,000 for the items listed in the city engineer's memorandum dated March 31, 1988. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. City Engineer Hefti reported on the survey conducted by the public works department regarding the existing concrete sidewalk situation in the city and the approximately 9,000 square feet of sidewalk in very poor condition. See Clerk's File 1988 -10. MOTION by Wippermann to authorize staff to prepare a feasibility report on the condition of the existing sidewalk, the appropriate correction methods and the estimated cost. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Engineer Rich Hefti requested Council's approval to add to the State Aid Street System 135th Street from Biscayne Avenue to 0.41 mile east of Biscayne (Bacardi Avenue) and an extension of Bacardi Avenue from 135th Street to County Road 42. See Clerk's File 1988 -10. MOTION by Walsh to adopt Resolution 1988 -26, A RESOLUTION ESTABLISHING A MUNICIPAL STATE AID STREET, 135TH STREET FROM BISCAYNE AVENUE TO BACARDI AVENUE (0.41 MI). SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Walsh to adopt Resolution 1988 -27, A RESOLUTION ESTABLISHING A MUNICIPAL STATE AID STREET, BACARDI AVENUE, FROM 135TH STREET WEST TO COUNTY STATE AID HIGHWAY 42 (1.05 7 46 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1988 MI). SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Council reviewed the specifications for the tractor backhoe /loader as prepared by staff. City Engineer Hefti requested that Council approve the specifications and authorize advertisement for bids with a bid opening date of April 19, 1988, at 10:00 a.m. See Clerk's File 1988 -10. MOTION by Napper to approve the specifications and authorize advertisement for bids for the tractor backhoe /loader with a bid opening on April 19, 1988, at 10:00 a.m. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to approve the five members appointed to the Fire Department membership /Grievance Committee as outlined in Fire Chief Scott Aker's memorandum dated April 4, 1988. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Administrator Stephan Jilk reviewed the agreement to allow the fire department and police department to utilize private property for training exercises involving the burning of a building. The administrator advised approval of the agreement will satisfy this interest and set up a procedure to be used in the future for similar situations. See Clerk's File 1988 -10. MOTION by Walsh to approve the agreement between Raymond Rahn and the city of Rosemount and to authorize the necessary signatures. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke proclaimed the week of April 3 -9, 1988 as Community Development Block Grant Week in Rosemount. Administrator Stephan Jilk reminded Council of the Board of Review Meeting scheduled for April 26, 1988, at 7:30 p.m. Administrator Stephan Jilk advised Council staff has had discussions with the city's animal warden regarding a revised contract and additional patrolling for dogs in the parks. The administrator informed Council that staff will begin 1989 budget discussion this week. The administrator hoped the CIP discussion will be completed by June, 1988 and then followed by the operating budget discussion. MOTION by Wippermann to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. Respec fully sub ed, S san M. J94'infr'on Deputy Clerk 8 1 ATTEST: 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 1988 Stephan Jilk Administrator /Clerk Published this 7ar1i. day of '7 1988 in Dakota County Tribune. U ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1988 Mayor Hoke called the meeting to order with all members present. 47 Pursuant to due call and notice thereof the Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, April 19, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 7(k) Real Estate Property Tax Abatement Request; Item 7(1) Discussion on Disposal of Hazardous Waste Materials in Rosemount from Other Communities; Item 8(a) Armory Update; and Item 8(b) May 3, 1988 Open House. MOTION by Walsh to approve the Consent Calendar with an amendment to Page 4, Paragraph 8, Line 2, to read Utilities Commission /Cable TV Commission. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1988 -11. Financial Consultant Jerry Shannon of Springsted Incorporated presented recommendations for Council consideration for issuance of $1,100,000 Taxable General Obligation Tax Increment Bonds, Series 1988A to finance the project costs associated with the South Robert Square project. See Clerk's File 1988 -11. MOTION by Walsh to adopt Resolution 1988 -28, A RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,100,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1988A. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Don Darling, Executive Director of the Rosemount Housing Redevelopment Authority presented the City HRA's request for Council to authorize a temporary short term loan not to exceed $475,000 to pay construction costs for the South Robert Square project until the proceeds from the sale of the $1,100,000 48 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1988 taxable general obligation tax increment bonds are received. Darling noted the loan funds would be transferred from city funds to HRA funds as needed. See Clerk's File 1988 -11. MOTION by Walsh to authorize the city finance department to establish a short term loan up to $475,000 to be paid as needed and at an annual interest rate of 10%. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. A short recess was called with the meeting reconvening at 8:00 p.m. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Hoke opened the public hearing to consider the proposed assessments for Connemara Trail Street Improvements of 1987, City Project No. 169. The administrator /clerk had in his presence the Affidavit of Publication and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -11. City Engineer Rich Hefti advised staff has met with representatives of U.S. Home Corporation who indicated they want to pay the entire lateral benefit assessment over three years by means of a repayment agreement. The main reason that U.S. Homes Corporation wishes to enter into a payback agreement with the City is because they want to spread the cost for Connemara Trail over a greater area since the developer feels that Connemara Trail benefits more than the 2nd Addition. Hefti advised the total amount proposed to be assessed is $71,883.34, and U.S. Home Corporation has provided a letter of credit in this amount as well as the executed payback agreement. The city engineer recommended that Council close the public hearing and not adopt or certify any assessment. See Clerk's File 1988 -11. MOTION by Napper to Close the public hearing. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Members of the Dakota County Citizens Against Burning were in attendance and presented their opposition to the construction of the proposed mass burn incinerator in Dakota County. Members of this organization presented their concerns regarding the potentiality of the ash from the incinerator being of a toxic and hazardous nature, the effect of the ash on groundwater and air quality and potential health problems to residents. The members proposed recycling and composting as an alternative means to mass burning. The DCCAB group requested Council to adopt a resolution in opposition to the proposed Dakota County mass burn incineration project. See Clerk's File 1988 -11. Mayor Hoke thanked the group for their attendance at the meeting. Mayor Hoke informed the members that although the proposed resource recovery project may be located in Rosemount, the project is a Dakota County project; and their efforts should be concentrated on Dakota County officials and representatives. Mayor Hoke informed 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1988 49 the DCCAB members of the city council's commitment of their time, city staff's time and the funds that have been allocated to attend educational programs, tour resource recovery plants, attend meetings, commit to recycling programs and to discover the best solution to the solid waste problem. Councilmember Napper referred to City Resolution 1987 -17 which was adopted by the City Council on May 7, 1987 endorsing the Dakota County Solid Waste Master Plan and "encouraging the County to implement the full spectrum of solid waste management, including waste reduction, source separation and centralized processing with mechanical separation for material and energy recovery." Community Development Director Dean Johnson announced the city's Annual Spring Cleanup Day will be held in conjunction with Park Improvement Weekend on May 21, 1988. Johnson advised that over the past few months, city staff, county staff and representatives of private industry have met to discuss pilot recycling projects within the county and specifically in the City of Rosemount. The primary purpose of this pilot project is to generate data that will be useful to the city and county and the various committees involved with solid waste and recycling in evaluating the different methods of recycling. See Clerk's File 1988 -11. Johnson advised the city is not a recipient of a 1988 Blandin Foundation grant for the purpose of the College of St. Thomas to conduct a study to evaluate the aspects and availability of energy from the proposed resource recovery project and to identify the potential use of the energy by existing and /or new industries. The director of the graduate program would like to proceed with the study in spite of the grant, and Johnson recommended that the City extend its commitment for a $2,000 supplement provided the scope of the study remains the same. See Clerk's File 1988 -11. MOTION by Hoke to extend the city's earlier commitment for $2,000 to the College of St. Thomas to conduct the resource recovery study provided the scope of the study remains the same as previously presented to Council. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke called a recess at 9:30 p.m. with the meeting continuing at 9:45 p.m. At the direction of the Council at a March 8, 1988 Special Council Meeting, Administrator Stephan Jilk presented recommendations for immediate and future staffing needs. The city administrator reviewed his memorandum of April 15, 1988 which outlined the process used by staff to arrive at the recommendations outlined in the memorandum. See Clerk's File 1988 -11. 3 50 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1988 MOTION by Napper to concur with the staffing recommendations as recommended by the city administrator, for the police and community development administrative departments. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Council discussed the vacancy on the Utilities Commission and the procedure to be followed in selecting a citizen for this commission. Council agreed a special council meeting should be set for the purpose of interviewing the two citizens who have expressed an interest for membership of this commission. Councilmember Walsh felt he should abstain from any discussion or action since he is president of the Utilities Commission. See Clerk's File 1988 -11. MOTION by Hoke to interview Thomas Werner and Thomas Tucker at a date to be determined. SECOND by Wippermann. MOTION by Hoke to amend the motion to interview Thomas Werner and Thomas Tucker at a special council meeting on April 26, 1988, at 6:30 p.m. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper. Nays: 0. Abstain: Walsh. Poll of original motion: Hoke, Oxborough, Napper, Wippermann. Nays: 0. Abstain: Walsh. MOTION by Walsh to adopt Resolution 1988 -29, A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT #184, O'LEARY'S HILLS 4TH ADDITION STREET AND UTILITIES IMPROVEMENTS, AND CALL FOR PUBLIC HEARING TO CONSIDER THE PROJECT. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk reviewed staff's recommendations as outlined in the administrator's memorandum of April 14, 1988 regarding the proposals received to complete studies on the need for fire station facilities and the consideration of combining police and fire department administration. Jilk outlined the criteria established by him, Police Chief Staats and Fire Chief Aker and the summary of their findings in reviewing the proposals based upon the established criteria. The city administrator recommended that Council award both contracts for the two studies to Hoisington Group on an hourly fee basis not to exceed a total of $12,970. See Clerk's File 1988 -11. MOTION by Hoke to award both contracts to the Hoisington Group on an hourly fee basis not to exceed a total of $12,970. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Police Chief James Staats presented his request to purchase one siren for Country Hills Addition to be installed at the end of the second phase or the beginning of the third phase of that development. The developer will pay for the cost of installing the siren. See Clerk's File 1988 -11. f ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1988 MOTION by Wippermann to purchase the siren for Country Hills Addition at the price of $7,763 with the provision the developer will pay for the installation as outlined in the original development agreement as part of the clause for Phase III of the contract. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Community Development Director Dean Johnson reviewed the Pine Bend Development Company Grading Permit Application which was reviewed by the Planning Commission at their April 5, 1988 meeting and approved subject to several conditions. The Council discussed the conditions set out by the Planning Commission. See Clerk's File 1988 -11. MOTION by Napper to accept the bids for the tractor /loader /backhoe replacement and table any action to the May 17, 1988 Council meeting and to direct the city engineer to review the specifications again for any discrepancies. MOTION by Walsh to approve the Pine Bend Development Company Grading Permit subject to the permit limited to the County Road 42 improvement contract, authorized use of on -site crusher, seasonal permit related to project duration, total site restoration by the fall of 1988 and letter of credit to be determined by the city engineer. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson presented the request from Michael and Lois Doll to combine two lots located in Mickelson's First Addition for the purposes of construction of a home with an on -site sewer system which would straddle the boundary between the two lots. Johnson advised this has been reviewed by the Planning Commission who recommended approval at their meeting this date. The Dolls have executed a lot combination agreement. See Clerk's File 1988 -11. MOTION by Wippermann to adopt Resolution 1988 -30, A RESOLUTION APPROVING A LOT COMBINATION OF LOT 1, BLOCK 2, AND LOT 2, BLOCK 2, MICHELSON'S FIRST ADDITION. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Walsh to have a Special Council Meeting on Tuesday, May 3, 1988, at 6:30 p.m. in the Council Chambers of City Hall for the purpose of considering Shannon Hills Preliminary Plat /Concept PUD. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Hefti advised the bids for the tractor /loader /backhoe to replace the existing 1974 John Deer were open this date, at 10:00 a.m. at city hall. Hefti requested that Council table awarding the contract for the tractor /loader /backhoe replacement to the May 17, 1988 Council meeting. 5 51 52 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1988 SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. City Engineer Rich Hefti advised the Utilities Commission at their April 11, 1988 meeting recommended establishing a storm sewer connection charge for new development. Staff and the Utilities Commission recommended $200 per single family unit which would be collected from new construction and subdivisions platted since 1985 or existing subdivisions in 1988 that are less than 90% developed. Hefti noted the need for this charge is to finance the city's cost of core storm sewer facilities such as storm sewer oversizing, pond acquisition and development and pond control structures and overflow lines. Council reviewed the map and the list of the subdivisions which meet either the 1985 platting requirements or the greater than 90% developed in 1988 requirement. Hefti further recommended using 1.5 and 2.0 times the residential equivalent for multiple and commercial establishments respectively. See Clerk's File 1988 -11. Council reviewed the list of subdivisions and unanimously agreed that White Lake Acres, Stonebridge 2nd Addition, Rosemount Hills 1st and 2nd Additions, and Oakwood Estates 2nd Addition should be eliminated from the list since these developments are zoned rural residential and are not in the municipal urban service area. MOTION by Walsh to adopt Resolution 1988 -31, A RESOLUTION ESTABLISHING WATER AND SEWER RATES, CHARGES AND DEPOSITS, to include the following subdivisions: Westridge 1st and 2nd Addition, Evenson 1st Addition, Wensmann Addition, Rosemount Plaza 2nd Addition, O'Leary's Hills 2nd 3rd Addition, Country Hills 1st 2nd Addition, Shannon Park 1st Addition, Carrollton 2nd Addition, Valley Oak Addition Replat, South Rose Park Addition Replat, South Rose Park 2nd Addition, and Broback Industrial Park. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Engineer Rich Hefti recommended that Council approve the plans and specifications for Valley Oak Addition Replat, Phase III, Streets and Utilities, City Contract 1988 -1 and authorize advertisement for bids with a bid opening date on June 16, 1988, at 10:00 a.m. See Clerk's File 1988 -11. MOTION by Walsh to adopt Resolution 1988 -32, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR VALLEY OAK ADDITION REPLAT, PHASE III, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 180. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to authorize the expenditure in the amount of $3,555 from the excess CIP funding that remained from the purchase of the street sweeper to purchase a high pressure hot water washer. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. See Clerk's File 1988 -11. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 1988 53 MOTION by Napper to approve the Applications for Reduction in Assessed Valuation of Real Estate received from Timothy and Lori Plan and Donald and Elizabeth Frame. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Councilmember Walsh commented on a news story he observed this evening on a local television station regarding the transportation of several barrels of different types of chemicals that could be hazardous and create deadly gases into Rosemount at the Minneapolis bomb squad site on the University of Minnesota property. Councilmember Walsh requested that staff meet with the city attorney to prepare an ordinance prohibiting the transportation of any type of hazardous chemicals within the city. Council unanimously agreed with Councilmember Walsh and further directed staff to contact the county for further control over a situation of this nature. Mayor Hoke updated Council on the National Guard's decision to locate an armory in Rosemount. Mayor Hoke outlined the activities planned for the Open House at city hall on May 3, 1988, at 7:30 p.m. Administrator Stephan Jilk referred to a letter received from Superintendent Rehwaldt of Independent School District 196 regarding recent legislature passed requiring school districts to conform to general election laws and to align District 196 election precincts with city precincts within their district. See Clerk's File 1988 -11. Administrator Jilk reminded Council of the Board of Review Special Council Meeting on April 26, 1988, at 7:30 p.m. MOTION by Hoke to adjourn. SECOND by Walsh. Ayes: 5. Nays: 0. Respectfully submitted, usan M. Johnson Deputy Clerk Stephan Jilk Administrator /Clerk r-11 Published this 'a day of 27 1988 in Dakota County Tribune. 54 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 26, 1988 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Tuesday, April 26, 1988, at 6:30 p.m. in the Council Lounge of the City Hall. Acting Mayor Walsh called the meeting to order with Councilmembers Oxborough and Wippermann present. Mayor Hoke and Councilinember Napper were absent. Acting Mayor Walsh advised he would abstain from all discussion and action on the interviews and selection of a new member to the Utilities Commission due to his positions on both the Utilities Commission and City Council. Candidates for the Utilities Commission, Thomas Werner and Thomas Tucker, were interviewed by Council. MOTION by Wippermann to approve the Non Intoxicating Malt Liquor On Sale License for the Rosemount Softball Association to operate their concession stand for the dates of April 29, 1988 through May 1, 1988 and to waive the fee due to the postponement of the tournament scheduled for April 22, 1988 through April 24, 1988. SECOND by Oxborough. Ayes: Walsh, Wippermann, Oxborough. Nays: 0. MOTION by Wippermann to recess to Executive Session. SECOND by Oxborough. Ayes: 3. Nays: 0. The Special Meeting of the City Council reconvened at 7:25 p.m. MOTION by Oxborough to appoint Thomas Werner, 14329 Cantata, to the Utilities Commission for a term beginning May 9, 1988 and ending December, 1990. SECOND by Wippermann. Ayes: Wippermann, Oxborough. Nays: 0. Abstain: Walsh. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 3. Nays: 0. Resp t submitted, S M. Jo n Clerk san Deputy Stephan Jilk, Administrator /Clerk Published this Io__ day of 2715Sy Dakota County Tribune. Pursuant to due call and notice thereof an Executive Session of the City Council of the City of Rosemount was duly held on Tuesday, April 26, 1988, at 7:15 p.m. in the Council Lounge at City Hall. Acting Mayor Walsh called the meeting to order with Councilmembers Oxborough and Wippermann present. Mayor Hoke and Councilmember Napper were absent. Councilmembers Wippermann and Oxborough discussed the candidates interviewed by Council for the Utilities Commission. Acting Mayor Walsh abstained from any discussion because of his positions on the Utilities Commission and City Council. MOTION by Wippermann to adjourn. SECOND by Oxborough. Ayes: 3. Nays: 0. Stephan Jilk, Administrator /Clerk Published this /a "'day of ROSEMOUNT CITY PROCEEDINGS EXECUTIVE SESSION APRIL 26, 1988 Respectfully submitted, 55 Susan M. J nson, Deputy Clerk in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 26, 1988 Pursuant to due call and notice thereof a Special Council Meeting of the City Council of the City of Rosemount was duly held on Tuesday, April 26, 1988, at 7:30 p.m. in the Council Chambers of City Hall. Acting Mayor Walsh called the meeting to order with Councilmembers Oxborough and Wippermann present. Mayor Hoke and Councilmember Napper were absent. Acting Mayor Walsh led the group in the Pledge of Allegiance. Acting Mayor Walsh explained that the purpose of the meeting was to allow Dakota County to hold the Board of Review Meeting in the City of Rosemount. He introduced Bill Peterson, Dakota County Assessor's Department, and turned the meeting over to the county. The administrator /clerk had in his presence the Affidavit of Publication. See Clerk's File 1988 -12. 56 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEEETING APRIL 26, 1988 Mr. Peterson gave a brief introduction on the purpose and procedure of the meeting. Administrator Stephan Jilk presented Mr. Peterson with the absentee owner petitions received by city staff. The administrator advised these petitions will be placed on file. See Clerk's File 1988 -12. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 3. Nays: 0. Respectfully submitted, usan M. J on Deputy erk Stephan Jilk, Administrator /Clerk Published this I6R day of wa 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 3, 1988 Pursuant to due call and notice thereof the Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, May 3, 1988, at 7:30 p.m.in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. Mayor Hoke announced that because of the Open House immediately following the Council meeting, there would be a shortened Council meeting. There were no additions or corrections to the Agenda. MOTION by Walsh to approve the Consent Calendar. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1988 -14. Discussion was held on the feasibility report for Shannon Oaks Street Improvements, City Project #185. City Engineer Rich Hefti recommended the feasibility report be accepted and a public hearing for the street improvements within the Shannon Oaks Subdivision be ordered for June 7, 1988, at 8:00 p.m. See Clerk's File 1988 -14. MOTION by Wippermann to adopt Resolution 1988 -34, A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT #185, SHANNON OAKS 1 STREET IMPROVEMENTS, AND CALLING FOR PUBLIC HEARING TO CONSIDER THE PROJECT. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke announced the recent commitment received from the Minnesota Army National Guard to construct a new National Guard Armory in the City of Rosemount. Mayor Hoke introduced Brigadier General John H. Cox, Assistant Adjutant, Minnesota Army National Guard, and Tom Nesbitt, Executive Director, Minnesota State Armory Building Commission, to the audience and Council. Brigadier General John Cox advised that upon adoption of a resolution by the City Council this date setting forth the city's commitment for an armory in Rosemount, the National Guard will begin working with city staff. The Brigadier General stated the National Guard has agreed to a tentative site for the armory and expressed the National Guard's intent to build a facility which will serve the residents and be an asset to the community. MOTION by Walsh to adopt Resolution 1988 -35, A RESOLUTION DECLARING INTENT IN PARTICIPATING IN THE CONSTRUCTION OF A NEW NATIONAL GUARD ARMORY /COMMUNITY FACILITY. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke proclaimed the week of May 15 through May 21, 1988 as "National Public Works Week" in Rosemount. MOTION by Oxborough to adjourn. SECOND by Walsh. Ayes' 5. Nays: 0. Respectfully submitted, Susan M. Johnson', Deputy Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 3, 1988 57 Stephan Jilk, Administrator /Clerk Published this .0-Voday of L 1988 in Dakota Countv Tribune. 58 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 3, 1988 Pursuant to due call and notice thereof the Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, May 3, 1988, at 7:30 p.m.in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. Mayor Hoke announced that because of the Open House immediately following the Council meeting, there would be a shortened Council meeting. There were no additions or corrections to the Agenda. MOTION by Walsh to approve the Consent Calendar. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1988 -14. Discussion was held on the feasibility report for Shannon Oaks Street Improvements, City Project #185. City Engineer Rich Hefti recommended the feasibility report be accepted and a public hearing for the street improvements within the Shannon Oaks Subdivision be ordered for June 7, 1988, at 8:00 p.m. See Clerk's File 1988 -14. MOTION by Wippermann to adopt Resolution 1988 -34, A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT #185, SHANNON OAKS STREET IMPROVEMENTS, AND CALLING FOR PUBLIC HEARING TO CONSIDER THE PROJECT. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke announced the recent commitment received from the Minnesota Army National Guard to construct a new National Guard Armory in the City of Rosemount. Mayor Hoke introduced Brigadier General John H. Cox, Assistant Adjutant, Minnesota Army National Guard, and Tom Nesbitt, Executive Director, Minnesota State Armory Building Commission, to the audience and Council. Brigadier General John Cox advised that upon adoption of a resolution by the City Council this date setting forth the city's commitment for an armory in Rosemount, the National Guard will begin working with city staff. The Brigadier General stated the National Guard has agreed to a tentative site for the armory and expressed the National Guard's intent to build a facility which will serve the residents and be an asset to the community. MOTION by Walsh to adopt Resolution 1988 -35, A RESOLUTION DECLARING INTENT IN PARTICIPATING IN THE CONSTRUCTION OF A NEW NATIONAL GUARD ARMORY /COMMUNITY FACILITY. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke proclaimed the week of May 15 through May 21, 1988 as "National Public Works Week" in Rosemount. MOTION by Oxborough to adjourn. SECOND by Walsh. Ayes: 5. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 3, 1988 Respectfully submitted, 4 yat-Le4- 2) an M. Jo kWnson Deputy Clerk Stephan Jilk, Administrator /Clerk Published this a(0 day of 17 77 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 Pursuant to due call and notice thereof the Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, May 17, 1988, at 8 :00 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh and Napper in attendance and Councilmembers Wippermann and Oxborough absent. Mayor Hoke led the group in the Pledge of Allegiance. Mayor Hoke opened the public hearing scheduled for 8:00 p.m. to consider street and utility improvements for O'Leary's Hills 4th Addition, City Project 184. The Administrator /Clerk had in his presence the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -15. MOTION by Walsh to close the public hearing. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. 59 Consulting Engineer Steve Campbell described the project area and gave a breakdown of estimated costs. The total estimated cost of the project is $274,000. Campbell advised approximately $24,000 will be appropriated from the sanitary sewer core facility fund for oversizing. City Engineer Rich Hefti advised the project was initiated through a petition received from the developer of the project. There were no comments or objections from the audience regarding this project. 60 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 MOTION by Napper to adopt Resolution 1988 -36, A RESOLUTION FOR APPROVAL OF STREET AND UTILITY IMPROVEMENTS IN O'LEARY's HILLS 4TH ADDITION, PROJECT #184. SECOND by Walsh. Ayes: Hoke, Napper, Walsh. Nays: 0. MOTION by Walsh to adopt Resolution 1988 -37, A RESOLUTION ORDERING THE PLANS AND SPECIFICATIONS FOR STREET AND UTILITY IMPROVEMENTS IN O'LEARY'S HILLS 4TH ADDITION, PROJECT #184. SECOND by Napper. Ayes: Napper, Walsh, Hoke. Nays: 0. Regular agenda discussion resumed at this time. MOTION by Walsh to approve the Consent Calendar. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. See Clerk's File 1988 -15. Al Heinen from the city audit firm of Boeckerman, Heinen Meyer presented a brief overview of the annual financial report for the year ended December 31, 1987. Since the report was just received by Council at the meeting, Council agreed to postpone action on the audit report to the next regular Council meeting. See Clerk's File 1988 -15. MOTION by Walsh to table the 1987 annual financial report to the June 7, 1988 Council meeting. SECOND by Napper. Ayes: Hoke, Napper, Walsh. Nays: 0. Jerry Shannon of Springsted, Inc. presented the bids for the $1,100,000 Taxable General Obligation Tax Increment Bonds, Series 1988A which were opened at 7:30 p.m. at the Rosemount Housing Redevelopment Authority meeting on this date. Shannon recommended accepting the bids and awarding the sale of the bonds to Cronin Co., Inc. at a net effective rate of 9.4853 The Administrator /Clerk had in his presence the Affidavits of Publication. See Clerk's File 1988 -15. MOTION by Walsh to accept the seven bond bids received and to place the bids on file. SECOND by Napper. Ayes: Napper, Walsh, Hoke. Nays: 0. MOTION by Walsh to adopt Resolution 1988 -38, A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,100,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1988A. SECOND by Hoke. Ayes: Walsh, Hoke, Napper. Nays: 0. MOTION by Napper to approve the Tax Increment Pledge Agreement between the City of Rosemount and the Rosemount Housing Redevelopment Authority. SECOND by Walsh. Ayes: Hoke, Napper, Walsh. Nays: 0. City Engineer Rich Hefti presented staff's recommendation to award the contract for the tractor /loader /backhoe replacement to Carlson Tractor Equipment for the Ford Model 555B, including all options, in the amount of $46,257. Hefti reviewed the reasons the John Deere 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 Model 310C did not meet all the specifications. See Clerk's File 1988 -15. 6] MOTION by Walsh to award the contract for the tractor /loader /backhoe replacement with options to Carlson Tractor Equipment in the amount of $46,257. SECOND by Napper. Ayes: Napper, Walsh, Hoke. Nays: 0. Architect Milt Bruflodt reviewed the plans and specifications for the fire station stucco project. Bruflodt informed Council the proposed stucco type finish would be sprayed over insulation board around the exterior of the fire hall causing an increase in the insulation capacity of the building and a reduction of the moisture and air inflow problems currently being experienced. The architect requested Council's further consideration to bid alternates for a colored stripe and lettering. See Clerk's File 1988 -15. MOTION by Walsh to approve the plans and specifications and to authorize advertisement for bids for the fire station stucco project with a bid opening date of June 16, 1988, at 10:30 a.m. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. City Engineer Rich Hefti updated Council regarding a recent meeting of city staff with School District 196 officials regarding the school district's potential cost sharing of the Chili /Chippendale intersection project. Hefti advised the school district can only expend funds for public roads if the public roads are adjacent or through school district property. Hefti stated there was discussion at this meeting regarding the possibility of re- routing some of the bus traffic in an attempt to eliminate traffic problems at the Chili /Chippendale and 145th Street intersection. No action was taken by Council, and City Engineer Hefti advised further meetings will be held with the school district regarding this matter. See Clerk's File 1988 -15. City Engineer Rich Hefti presented the Feasibility Study for Sidewalk Replacement for 1988, City Project 186. The city engineer cited past precedence demonstrated a 50 -50 cost sharing for sidewalk cost and replacement. Hefti recommended maintaining this 50/50 policy for sidewalks that require removal and replacement; and in areas where sidewalks are in good condition but out of alignment at the contraction joints, the city would be responsible for 100 percent of the cost to repair by the method of mud jacking. Discussion ensued regarding the proposed assessment policies with Council unanimously agreeing to table any action until the full Council was in attendance. Hefti requested that Council approve the expenditure for the mud jacking portion of the project. See Clerk's File 1988 -15. 3 62 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 MOTION by Napper to approve the proposed mud jacking improvements listed in the feasibility report and recommended by City Engineer Hefti. SECOND by Walsh. Ayes: Hoke, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson presented for Council approval a resolution authorizing the joint powers agreement necessary to allow the six cities, who are pursuing a study to opt out of the Metropolitan Transit Commission system, to enter into contractural agreement with the Regional Transit Board to receive a grant and to enter into a contract with a consultant to perform the study. Council further reviewed a draft request for proposal for this consultant service. See Clerk's File 1988 -15. MOTION by Walsh to adopt Resolution 1988 -39, A JOINT RESOLUTION FOR THE AREA NEEDS ASSESSMENT /TRANSIT STUDY. SECOND by Hoke. Ayes: Napper, Walsh, Hoke. Nays: 0. MOTION by Walsh to approve Change Order #1 for 130th Street /Jay Simon Addition in the amount of $10,481.75. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. MOTION by Walsh to approve the hiring of Rhonda Weber for the position of Community Development Secretary. SECOND by Hoke. Ayes: Hoke, Napper, Walsh. Nays: 0. As president of the Cable Commission, Councilmember Walsh advised the Cable Commission at their last meeting discussed the sale of stock of Metro Cable Company to Star Midamerica IV, Inc. The Cable Commission's main concern was if there was a possibility of renegotiating the public access portion of the franchise agreement. Administrator Stephan Jilk advised the city attorney indicated that unless there is evidence that the proposed buyer is in poor financial condition, the City cannot renegotiate any portion of the franchise agreement because of ownership transfer. Jilk further stated staff has received extensive research from other communities which has indicated the new company is in sound financial condition. See Clerk's File 1988 -15. MOTION by Walsh to adopt Resolution 1988 -40, A RESOLUTION APPROVING THE CHANGE OF CONTROL OF METRO CABLE, INC., A MINNESOTA CORPORATION, TO STAR MIDAMERICA IV, INC., A WISCONSIN CORPORATION, SAID FRANCHISE HAVING BEEN ORIGINALLY GRANTED BY ORDINANCE NO. XI.12. SECOND by Hoke. Ayes: Walsh, Hoke. Nays: 0. Abstain: Napper. Council reviewed the proposed ordinance to renew the franchise granted to Peoples Natural Gas Company for a period of 25 years. Councilmember Walsh, a president of the Utilities Commission, advised the commission recommended approval of the franchise renewal. See Clerk's File 1988 -15. MOTION by Walsh to adopt Ordinance XI.13, AN ORDINANCE OF THE CITY OF ROSEMOUNT, MINNESOTA GRANTING TO PEOPLES NATURAL GAS COMPANY, DIVISION OF UTILICORP UNITED, INC., ITS LESSEES, SUCCESSORS AND ASSIGNS A NON EXCLUSIVE AUTHORITY FOR A PERIOD OF TWENTY -FIVE (25) ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 YEARS TO ERECT, MAINTAIN AND OPERATE, A GAS DISTRIBUTION SYSTEM AND ANY AND ALL NECESSARY MAINS, PIPES, SERVICES AND OTHER APPURTENANCES THEREUNTO APPERTAINING IN, UPON, OVER, ACROSS AND ALONG THE STREETS, ALLEYS, BRIDGES, AND PUBLIC PLACES OF THE SAID CITY, AND FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF NATURAL AND /OR MIXED GAS FOR LIGHTING, HEATING, INDUSTRIAL AND ALL OTHER USES AND PURPOSES IN SAID CITY AND FOR THE PURPOSE OF TRANSMITTING AND CONVEYING SUCH AS INTO, THROUGH OR BEYOND THE IMMEDIATE LIMITS OF SAID CITY TO OTHER CITIES, TOWNS AND CUSTOMERS, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE SAID COMPANY IS TO OPERATE, AND REPEALING ORDINANCE NO. XI.4 OF SAID CITY. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. Community Development Director Dean Johnson introduced the final plat for South Robert Square. Johnson advised the final plat was changed somewhat from the preliminary plat because of changes in square footage of the structures and changes in future ownership. Johnson also noted the outlot which will serve as a common area to be shared by the owners of Lots 1 and 2. Council was informed the Planning Commission recommended approval of this final plat. See Clerk's File 1988 -15. MOTION by Napper to adopt Resolution 1988 -41, A RESOLUTION APPROVING THE SOUTH ROBERT SQUARE FINAL PLAT. SECOND by Walsh. Ayes: Hoke, Napper, Walsh. Nays: 0. Council reviewed the final plat for Wensmann Second Addition which consists of 65 single family lots. Community Development Director Johnson advised the Planning Commission recommended approval subject to execution of the development contract. See Clerk's File 1988 -15. MOTION by Walsh to adopt Resolution 1985 -42, A RESOLUTION APPROVE THE WENSMANN SECOND ADDITION FINAL PLAT. SECOND by Hoke. Ayes: Napper, Walsh, Hoke. Nays: 0. There was a ten minute recess at 9:30 p.m. City Engineer Rich Hefti requested Council action to approve the plans and specifications for Sanitary Sewer Extension, Lift Station #4 to Shannon Parkway, Contract 1988 -02 and to authorize advertisement of bids with a bid opening date in 5 63 Community Development Director Johnson advised that during the recess the developer Wensmann Additions indicated he is ready to sign the development contract and requested Council's approval in order that he may begin on the second addition immediately. MOTION by Walsh to approve the development contract and to authorize the necessary signatures. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. 64 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 early July, 1988. Hefti further recommended initiation of condemnation action for the necessary easements in the event staff's attempt to obtain the easements is delayed or denied by the property owners. Hefti did not anticipate any problems, but in order to have this project coordinated with the Hawkins Pond project and the Shannon Hills development project, he felt a deadline should be establish. Council agreed to defer any discussion on the assessment policy for this project to the June 7, 1988 regular Council meeting. See Clerk's File 1988 -15. MOTION by Walsh to adopt Resolution 1988 -43, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, SANITARY SEWER EXTENSION, LIFT STATION #4 TO SHANNON PARKWAY, CITY PROJECT #181. SECOND by Napper. Ayes: Hoke, Napper, Walsh. Nays: David Strese, 4063 145th Street West, expressed opposition against the offer made by the city for easements needed to be acquired from his father and for the proposed initiation for condemnation proceedings. MOTION by Walsh to adopt Resolution 1988 -44, A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR SANITARY SEWER EXTENSION, LIFT STATION #4 TO SHANNON PARKWAY, CITY PROJECT #181. SECOND by Napper. Ayes: Napper, Walsh, Hoke. Nays: 0. City Engineer Rich Hefti recommended that Council receive the petition to vacate a portion of the south part of Dodd Boulevard just west of the intersection with Delft Avenue and to set a public hearing to consider the vacation on June 21, 1988, at 8:00 p.m. or as soon thereafter as possible. See Clerk's File 1988 -15. MOTION by Walsh to receive the petition to vacate a portion of Dodd Boulevard and to order a public hearing to consider the vacation for June 21, 1988, at 8:00 p.m., or as soon thereafter as possible, in the Council Chambers. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. In order to insure the Hawkins Pond project will be complete this year, City Engineer Hefti requested that Council initiate eminent domain proceedings for the necessary easements. Hefti noted that one property owner has indicate he will execute a waiver of entry. See Clerk's File 1988 -15. MOTION by Napper to adopt Resolution 1988 -45, A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR HAWKINS POND EASEMENTS, CITY PROJECT #176. SECOND by Walsh. Ayes: Hoke, Napper, Walsh. Nays: 0. MOTION by Walsh to set a Special City Council Meeting to meet with the City Housing and Redevelopment Authority to discuss port authority for the City of Rosemount on Tuesday, June 7, 1988, at 7:00 p.m. in the Council Chambers. SECOND by Hoke. Ayes: Hoke, Napper, Walsh. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 Mayor Hoke spoke about the recent newspaper article relating to Senator Waldorf asking the University of Minnesota Board of Regents to delay action on two proposals that could divide the 8,000 acres owned by the University of Minnesota in Rosemount. The article stated the senator felt the division of property would help eliminate the university property as a potential site for a new airport. By the Board of Regents delaying action on the Dakota County's 160th Street corridor item and Dakota County Area Vocational Technical Institute's request to purchase 150 acres to a June meeting, Mayor Hoke felt there was a real violation of the process that the legislature had established as proposed by the Metropolitan Council to do an airport adequacy study. The Mayor also added the rural water system will also be discussed at their June meeting. Mayor Hoke further stated he understood that Interim- President Sauer had responded by letter to Senator Waldorf asking him to deal directly with Rosemount officials regarding the airport site. Because of Sauer's letter, Mayor Hoke felt Sauer could be receptive to the City of Rosemount being directly involved in land use decisions by the University of Minnesota. Mayor Hoke proposed that a meeting be set up with a subcommitttee of Rosemount officials to meet with Interim President Sauer to discuss the uniqueness of the relationship between the City of Rosemount and the University of Minnesota regarding land use decisions, thank him for his letter to Senator Waldorf and ask for his advise and support. Hoke stated he felt this subcommittee would have a greater impact than dealing through the Rosemount Advisory Council. Mayor Hoke further proposed that a letter be sent to the Board of Regents expressing the same point of view and that this subcommittee begin immediately to prepare strategy for the June Board of Regents meeting. Other suggestions offered were to consider a lobbyist and to start discussing and formulating objectives, analyze the university site as a potential airport and possibly meet with the executive director of the Metropolitan Council. In -depth discussion followed by Council and staff regarding Mayor Hoke's proposals and the feeling that because of the large bureaucracy of the university, Interim- President Sauer and other executive officers of the university are not being informed of requests by the City of Rosemount or the Rosemount Advisory Council, of the activities taking place on the Rosemount university property or action and requests by local governments and committees are being misrepresented to the upper management force. Council was in unanimous agreement that a meeting be set up with Interim President Sauer before the next Board of Regents meeting and that staff begin preparation for meetings with Sauer and the Board of Regents. 65 66 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 Councilmember Walsh announced that Peoples Natural Gas Company has purchased the Dakota Learning Center. This office will house the administrative and service forces. Administrator Stephan Jilk advised at the last Rosemount Advisory Council meeting, he with the support of County Commissioner Chairman Steven Loeding gave a presentation on the topic of payment in lieu of taxes for property located at the university research site and agriculture station as well as other university property in Dakota County. The advisory council adopted a resolution to be sent to administration at the university to request the university to contact the Dakota County Assessor to do valuations on all properties the university leases rather than the university establishing its own values on the leased properties. Jilk stated the advisory council felt the real issue is not whether the values increase or decrease but more equitable treatment by the university. The administrator noted that the university is now making payments on all leased properties rather than just on residential properties which had been their past practice. Administrator Stephan Jilk reported on the tour of the Minneapolis Bomb Squad site on university property on May 5, 1988 attended by himself, Ron Wasmund, Councilmember Mapper, Commissioner Chairman Loeding, county health department officials and some university officials. Officer Dave Estenson explained the operation of the bomb squad, various types of explosives, plans for the future and how the operation is funded. Councilmember Napper commended Officer Estenson and the operation and stated he felt the problems experienced at this site the last several months are the result of their association with the university. Administrator Stephan Jilk provided an update on the proposed rural water system for the approximately 27 residences in east Rosemount with contaminated water. Jilk stated in February, 1988, the university directed that test wells be drilled at the old city hall site, and by the end of that month, an order was given to stop the drilling. Jilk advised it was not until March 26, 1988 that city officials were apprised of the stop order, and the reason given was that the university's legal department was not satisfied with the process being involved in obtaining the required easements and permits. After several phone calls to university officials and meetings of the affected residents, the city officials and residents were informed that the Minnesota Department of Health and the Minnesota Pollution Control Agency were going to raise the acceptable level of chloroform in private drinking water wells from 5 PPB to 57 PPB which would cause the wells to be considered free from contamination according to MPCA officials. The administrator advised the issue before the university is whether or not the university will continue the rural water system when there are no legal requirements to go forward with the project. Jilk further added there have been meetings involving the MPCA, County Health Department, university officials, city officials and the residents 1 regarding this new information with the university advising that the proposed rural water system will be discussed by the Board of Regents at their June 9 and 10, 1988 meeting. Councilmember Napper advised the affected residents have reached the unanimous agreement that the only solution to the problem is a rural water system. Napper faulted the project leader from the MPCA for leaking the information regarding the new chloroform levels to university officials approximately two months before the information was officially released. Napper stated he felt the university official in charge of the rural water system had deliberately held back the real reason for stopping the rural water project. Councilmember Napper recommended that Council adopt a resolution removing the MPCA project leader from the project and that a new leader be assigned in order to regain the integrity of the MPCA and the Rosemount community. MOTION by Walsh to adopt Resolution 1988 -46, A RESOLUTION REQUESTING CHANGE IN MINNESOTA POLLUTION CONTROL AGENCY PROJECT MANAGER FOR UNIVERSITY OF MINNESOTA WATER CONTAMINATION PROJECT. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. In -depth discussion followed regarding the residents' decision to go before the Board of Regents, the taking of pictures of the abandoned well site at old city hall and the consensus of the Council to schedule a meeting with Interim President Sauer prior to the June Board of Regents meeting. Administrator Jilk recommended that Council attend the League of Cities Conference in June. Jilk outlined some of the activities and lectures. The administrator informed Council of recent discussions he and Chief Staats have had with Mitch and Leanne Schneider regarding the renewal of the animal control contract which expired December 31, 1987. The Schneiders' new proposal contains a considerable increase in fees while maintaining similar services. Jilk stated Chief Staats and he have investigated several other alternatives for animal control and at this time find it feasible to hire a person from a local clinic on a part time basis which would allow for more patrol time and better control by the police department as well as being more economically feasible. Jilk advised a recommendation will be made at the June 7, 1988 Council meeting. MOTION by Walsh to adjourn. SECOND by Hoke. Ayes: 3. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 67 68 Stephan Jilk Administrator /Clerk ATTEST: Stephan Jilk Administrator /Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 Respectfully submitted, Susan M. J.ofiin on Deputy Clerk Published this 3 day of gi 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 7, 1988 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Tuesday, June 7, 1988, at 7:00 p.m. in the administrative offices of the City Hall. Mayor Hoke called the meeting to order with all members present. Also present were members of the Rosemount Housing Redevelopment Authority, Executive Director of the Rosemount Housing Development Authority Don Darling and City Administrator Stephan Jilk. City Attorney Roger Knutson presented an explanation on port authority. Attorney Knutson provided illustrations of how port authority projects can be financed, the benefits of establishing a port authority and the potential increase of economic development for the city. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. Respectfully submitted, Susan M. Johnson Deputy Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1988 69 Pursuant to due call and notice thereof the Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, June 7, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended as follows: Item 7(1) Set Public Hearing /Rose Haven Addition Preliminary Plat /Concept PUD and Item 9(d) Update on Sale of Old City Hall Site. MOTION by Wippermann to approve the Consent Calendar as presented. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1988 -16. As directed by Council at the public improvements hearing in April, 1988, City Engineer Rich Hefti presented city staff's proposed assessment policy for Project #181, Sanitary Sewer Extension from Lift Station #4 to Shannon Parkway. Because of the large size and undeveloped status of the properties, Hefti advised the new policy was based on potential development with a maximum assessable footage of 90 feet for each potential unit. See Clerk's File 1988 -16. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Hoke opened the public hearing to consider the proposed Shannon Oaks Street Improvements, Project #185. The administrator /clerk had in his presence the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -16. Consulting Engineer Steve Campbell advised the area proposed to be assessed consists of twelve lots in Section 18 immediately south of County Road 38 and east of Mickelson's 2nd Addition. Campbell also reviewed the project scope and costs. City Engineer Rich Hefti reviewed the proposed assessment rate for each of the twelve lots advising that city policy provides that property adjacent to an MSA route which is constructed shall be assessed based on a residential equivalent amount. The remaining costs of the project would be recovered through MSA funds. See Clerk's File 1988 -16. The developer provided a brief review of the plat and assured Council that efforts will be made to preserve the trees in this addition. 70 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1988 MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Wippermann to adopt Resolution 1988 -47, A RESOLUTION FOR APPROVAL OF STREET IMPROVEMENTS FOR SHANNON OAKS, CITY PROJECT #185. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Napper to adopt Resolution 1988 -48, A RESOLUTION ORDERING THE PLANS AND SPECIFICATIONS FOR STREET IMPROVEMENTS IN SHANNON OAKS, CITY PROJECT #185. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Regular Council agenda discussion resumed at this time. Parks and Recreation Director David Bechtold introduced Rosemount Jaycees Jerry Larson, Mark DeBettignies and Kerry Johnson. Council was informed of the recent check received from the Jaycees in the amount of $28,500 for the purpose of accelerating park development within the city. Bechtold advised that because of the Jaycees involvement in park improvement and their recent donation and future commitment of funds, the Parks and Recreation Committee recommended the park planned for the West Ridge and Wennsman Additions be named in honor of the Rosemount Jaycees and entitled, "Rosemount Jaycees Community Park." See Clerk's File 1988 -16. MOTION by Walsh to adopt Resolution 1988 -48, A RESOLUTION NAMING A CITY PARK ROSEMOUNT JAYCEES COMMUNITY PARK. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: O. A five minutes recess was called at 8:30 p.m. with the meeting continuing at 8:35 p.m. Discussion continued regarding Item 5(a) of the agenda with Council directing staff to develop further the proposed unit assessment policy for Project 181 and to have Council review again prior to the assessment hearing. Administrator Stephan Jilk reviewed the 1987 Financial Report and suggestions by the city's audit firm as contained in the management letter. MOTION by Walsh to accept the 1987 Financial Audit and to authorize publication of a summary. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Administrator Stephan Jilk reviewed his memorandum dated June 3, 1988 and Police Chief James Staats' memorandum dated May 31, 1988 regarding animal control in the City of Rosemount. Jilk advised city staff found the proposal received from K -Nine Safety unacceptable; and therefore, researched other possible vendors for 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1988 this service. Jilk recommended that Council enter into an agreement with Greg Goldsworthy to provide basic animal control service through 1989. See Clerk's File 1988 -16. MOTION by Walsh to enter a contract with Greg Goldsworthy for the purpose of animal control in the City of Rosemount as outlined in Police Chief Staats' memorandum dated May 31, 1988. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson advised this year's Spring Cleanup Day on May 21, 1988 was an overwhelming success in that the tonnage of trash nearly doubled over last year's intake. Johnson also advised the cost also doubled which will result in at least doubling the budget for next year. See Clerk's File 1988 -16. Johnson provided an updated on the recycling pilot project, advising a presentation will be made to Council at the June 21, 1988 Council meeting. See Clerk's File 1988 -16. Community Development Director Dean Johnson advised advertisements and mailings of requests for proposals to six consulting firms have been mailed by the six cities who are pursuing a study to opt -out of the Metropolitan Transit Commission system. The administrator requested that Item 5(£) Staffing Recommendations be removed from the agenda. 3 MOTION by Napper to approve final payment for 130th Street and Jay Simon's Addition Street Improvements, City Project 1985 -4. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Walsh to approve final payment for O'Leary's Hills 2nd Addition and Valley Oaks Addition, Phase II Street Improvements, City Contract #160 and #161. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Rich Hefti presented the Utilities Commission's recommendation to select Barr Engineering of Bloomington to perform the Master Storm Sewer Plan at an estimated cost of $15,700. Councilmember Walsh advised the Utilities Commission does not have the funds to support this project and requested that Council designate the necessary funding. See Clerk's File 1988 -16. MOTION by Wippermann to accept the Barr Engineering proposal for the preparation of a master storm sewer plan and to allocate the necessary funding as recommended by the city engineer. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. 72 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1988 MOTION by Walsh to adopt Resolution 1988 -50, A RESOLUTION DIRECTING PLACEMENT OF TRAFFIC CONTROL SIGNS AT THE INTERSECTION OF CLARET AVENUE AND 155TH STREET WEST. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Councilmember Napper advised that he was contacted by Empire Township Board to see if the Rosemount City Council and Planning Commission would like to meet with their Town Board and Planning Commission to discuss the operation of the city and the township regarding joint projects and concerns and development in Empire that would possibly affect the City of Rosemount. Council agreed to a tentative date of June 28, 1988 at 7:00 p.m. Council discussed the presentation given by City Attorney Roger Knutson at the joint Housing Redevelopment Authority and City Council special meeting this date regarding the subject of port authority. It was the consensus of Council that staff put together a package outlining an action plan on port authority for a future meeting. A ten minute recess was called at 10:00 p.m. with the meeting continuing at 10:10 p.m. Councilmember Oxborough left his chair at 10:00 p.m. Administrator Stephan Jilk reviewed his memorandum dated June 3, 1988 regarding furniture purchase for. four offices and other furniture needs for support staff. See Clerk's File 1988 -16. MOTION by Walsh to approve the expenditure of an amount not to exceed $9,900 for the purchase of office furniture for city hall, SECOND by Napper. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. Council reviewed the petition received from LeRoy Mullikin, 4060 145th Street West, to vacate a portion of Shannon Parkway excess right -of -way. City Engineer Rich Hefti advised the excess right -of- way originated when the county corrected the north /south section line between the Mullikin property and Shannon Parkway. Since several other property owners are also affected, Council requested that staff ascertain whether other right -of -ways should be vacated from 145th Street to CR42 and who would be the rightful property owner. See Clerk's File 1988 -16. MOTION by Walsh to accept the petition to vacate a portion of Shannon Parkway excess right -of -way and to place it on file. SECOND by Napper. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. City Engineer Rich Hefti presented a petition received from several residents of the Carrollton Addition who are experiencing drainage problems in their rear yards. The petitioners requested the city to install and finance 100% of this project because they feel the engineering was done improperly. Hefti recommended that city forces install the pipe and catch basin necessary to drain this area and 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1988 have the adjacent homeowners pay for the materials. Council unanimously agreed the city engineer should present to the affected homeowners a good estimate for costs of materials and meet with the homeowners to see if they will be willing to share the costs. See Clerk's File 1988 -16. MOTION by Walsh to accept the petition for drainage improvements in Carrollton Addition and to place it on file. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Walsh to adopt Resolution 1988 -51, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR CHIPPENDALE BITUMINOUS WALKWAY, CITY CONTRACT 1988 -4. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. MOTION by Napper to accept the petition and authorize the city consulting engineer to prepare a feasibility report for Project #189, Shannon Parkway and Connemara Trail Utilities and Street Improvements. SECOND by Walsh. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson reviewed with Council the survey caused by Bill Maurer and Dick Winkler to divide off two homesites from approximately 173 acres of land located east of Bacardi and north of County Road 38. Johnson informed Council of the Planning Commission recommendation to approve the division of property by metes and bounds descriptions. See Clerk's File 1988 -16. MOTION by Walsh to adopt Resolution 1988 -51, A RESOLUTION APPROVING DIVISIONS OF PROPERTY BY METES AND BOUNDS DESCRIPTIONS. SECOND by Napper. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. Community Development Director Dean Johnson advised Council the Planning Commission conducted their first formal review this date regarding the preliminary plat /concept PUD for Rose Haven Mall on County Road 42. The Planning Commission will perform a second review but recommended that Council set a public hearing date to consider the preliminary plat /concept PUD for July 5, 1988, at 8:00 p.m. MOTION by Walsh to set a public hearing for Tuesday, July 5, 1988, at 8:00 p.m., or as soon thereafter as possible, to consider the preliminary plat /concept PUD for Rose Haven Mall. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. 5 73 74 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1988 Mayor Hoke presented a brief overview of a meeting attended by himself, Administrator Stephan Jilk and Community Development Director Dean Johnson with Interim President Richard Sauer, Vice President Richard Heydinger, Associate Vice President Clinton Hewitt and Associate Provost William Thomas of the University of Minnesota. The Mayor advised the city requested that a formal process be established where a staff person would work with the university on long range planning regarding the university property in Rosemount and where the development of those lands would be in the best interest of the university and the city. Mayor Hoke stated Interim President Sauer was very receptive to this concept. Mayor Hoke further advised the issues of 160th Street and the sale of university property to the Dakota County Vocational Institute was also discussed. The mayor advised that Interim President Sauer stated an airport is not consistent with the university's plans for this land and that he will be recommending to the Board of Regents to approve the county's request to extend 160th Street and the vocational school's request to purchase approximately 150 acres from the university. .Administrator Stephan Jilk further advised that Interim President Sauer supported the involvement of the Rosemount Advisory Council as one of the sources for input on long range planning of the university properties in Rosemount. The administrator further advised he felt the university officials did not believe an airport on university property would maximize the full potential of this property. Mayor Hoke stated that he has been alloted five minutes to present to the Board of Regents the request by the City of Rosemount to be directly involved in land use planning decisions on June 9, 1988. Councilmember Napper advised the residents in east Rosemount with contaminated wells were informed last week that university staff will recommend to the Board of Regents that the rural water system proceed contingent upon the residents releasing the university of any liability for any claims relating to property values of their homes. Napper stated he will go before the Board of Regents on June 9, 1988 and try to convince the board that this contingency is unfair and unjust. Mayor Hoke reported on a meeting between the city and officials from Metropolitan Council and Metropolitan Airports Commission. Mayor Hoke advised he and city staff were assured that the process set out by the Metropolitan Council and which was caused through state legislation was being followed and honored. The mayor stated the officials from both agencies emphasized the complexity of the processes involved with the airport issue. Representatives of the Metropolitan Airports Commission reiterated they did not want noise litigation and felt the university land was not large enough for an airport. They further recommended that any land use plans for the university property should not be affected by the airport site issue. 6 1 Mayor Hoke further stated officials from both agencies suggested the Rosemount City Council sponsor a public forum and allow representatives from the Metropolitan Council and Metropolitan Airports Commission to inform residents and government officials the status of this issue and to explain the complex of the process being followed and to reiterate that the process is in fact being honored. Following discussion by Council, Council directed staff to pursue setting up a public forum. The Council agreed to the administrator's request to defer discussion on Item 9(a) Legislative Action Update and to allow the administrator to prepare a summary of this item through a memorandum. Council unanimously agreed to table Item 9(b) Use of Consent Calendar to the June 21, 1988 Council meeting. Administrator Stephan Jilk referred to a letter received from Representative Ozment regarding a meeting he has scheduled with the Minnesota Pollution Control Agency and Koch Refinery on June 23, 1988 at city hall. Administrator Stephan Jilk advised Council of the decision of the Dakota County Area Vocational Institute to purchase the old city hall site on or before September 1, 1988. Jilk stated city staff is working out details regarding furnishing potable water to the site and removal of the siren as stipulated in the lease agreement. MOTION by Wippermann to adjourn. SECOND by Napper. Ayes: 4. Nays: 0. ATTEST: 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 1988 Respectfully submitted, san M. Jd'finson, Deputy Clerk Stephan Jilk, Administrator /Clerk Published this 3O day of firm-,-- 1988 in Dakota County Tribune. 75 76 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 1988 Pursuant to due call and notice thereof the Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, June 21, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. There were no additions to the agenda. MOTION by Wippermann to approve the Consent Calendar as presented. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1988 -17. Community Development Director Dean Johnson introduced representatives from Dixie Chemical Ron Ciora, Vice President General Manager, Ralph Johnson, Vice President of Environmental Affairs and Art Niebuhr, Construction Manager of Engineering Design. The Council and audience were presented with a slide presentation and narration of what Dixie Chemical would like to do in the City of Rosemount. Several members of the Staff and Council toured one of the plants in Colorado and were very impressed by what they saw relating to safety and general plant operations. Citizen Paul Petersen, 2527 140th Street East, expressed his concern to Council about leakage. Dixie Chemical representative explained that the danger of leakage is very minimal because of all the cautionary measures that are taken. Another citizen was curious if they used air monitors to detect leakage. Representatives implied they didn't but they could; it's just never been necessary. Mayor Hoke thanked the representatives for their presentation. City Engineer Hefti informed Council the City's consulting engineering firm recommended that Council accept the bids and award the contract for Valley Oak Addition Replat, Phase III Streets and Utilities Improvements, City Contract 1988 -1 to Moser Construction in the amount of $108,140.48. See Clerk's File 1988 -17. MOTION by Wippermann to accept the bids and award the contract for Valley Oak Addition Replat, Phase III Streets Utilities Improvements, to Moser Construction in the amount of $108,140.48. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. City Engineer Hefti spoke regarding the Amendment to Agreement for Highway Design and Construction on CSAH 42. He informed Council that he had spoken to Dick Everds, Dakota County Engineer, about possible turnback to the City. City Engineer Hefti recommended the City not accept the road unless it is upgraded to City specifications. Councilmember Napper expressed concerns regarding the two businesses this road affects, Astelford and A -1 Concrete. City Engineer Hefti advised these two companies do not use this section of the road. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 1988 Councilmember Wippermann asked City Engineer Hefti if there would be a chance of receiving cash in lieu of upgrading. The city engineer said no. Councilmembers Wippermann and Napper asked about the possibility of vacating the road. City Engineer Hefti agreed that could be done. See Clerk's File 1988 -17. MOTION by Napper to sign the Amendment to Agreement for Highway Design and Construction upon the contingency that Emery Avenue south of County Road 42 be upgraded. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. The Administrator /Clerk had in his presence the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1988 -17. City Engineer Hefti addressed the issue of vacating the southerly 1/2 right -of -way of Dodd Boulevard, west of Delft Avenue, informing Council that the portion the petitioners asked to be vacated is not interfering with the City utilities. There is a private cable from Central Telephone, however petitioners would allow a private easement for the utility. See Clerk's File 1988 -17. MOTION by Napper to adopt Resolution 1988 -53, A RESOLUTION CAUSING A STREET VACATION ON A PORTION OF DODD BOULEVARD, as outlined in City Engineer Hefti's memo to Council dated June 16, 1988. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Hefti informed Council that the 1988 Sidewalk Replacement Program still had some work to be done on it. The City has never had an actual program in place. The exact split for assessment would have to be worked out. Discussion followed regarding total maintenance performed by the City on the sidewalks. Council was concerned as to "trail" versus "sidewalk Designated corridors (parks to schools, etc.) are only kept up by the City as of now. City Engineer Hefti advised there is not a separate fund for sidewalks. City Administrator Jilk stated that it could be possible just to maintain the downtown service area. Councilmember Wippermann expressed concern for the considerable cost the city could incur with snow removal. Councilmember Oxborough requested a total figure for maintenance and upkeep. City Engineer Hefti informed Council that right now less than 8% total square footage needs repaired. 2 60 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 1988 Councilmember Walsh expressed his concern using park dedication money for the new trails they are planning to use around the proposed Rose Haven Mall. He feels they should be made sidewalks and not trails. Community Development Director Johnson explained the connecting trails are to get the public from one area to another making the trails a functional commodity. Council directed Staff to identify current trails, potential trails, sidewalks, time needed to maintain and the cost of maintenance and upkeep. A policy on how to handle sidewalk replacement and repairs, upkeep of a designated trail system will be formulated. City Administrator Jilk informed the Council that Staff has arrived at an assessment policy for the sanitary sewer extension project, Project #181. Staff is recommending a presentation to the property owners first and after their input Staff will bring it back to Council at the July 5, 1988 meeting. See Clerk's File 1988 -17. City Administrator Jilk informed Council of a joint meeting with Empire Township scheduled for June 29, 1988 at 7:30 p.m. in the Council Chambers. Council directed Administrator Jilk to make up a list of people involved in the meeting and also possible items of discussion. City Administrator Jilk spoke with Council regarding a new format for the Council Agenda, specifically the item listed as "Consent Agenda See Clerk's File 1988 -17. Councilmember Walsh and Napper expressed concerns that some items that would be put on the "Consent Agenda" may get overlooked and not given the proper attention. Administrator Jilk assured them any item on the "Consent Agenda" can be either pulled from the agenda and placed as other business or discussed before the "Consent Agenda" be passed. MOTION by Walsh to authorize Staff to change to the new form of agenda for the July 5, 1988 Council meeting, however present the agenda at the Special Meeting on June 29, 1988 for any changes Council may wish to make prior to finalizing the agenda for the July 5, 1988 meeting. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke updated the Council on his meeting with the Board of Regents for the University of Minnesota regarding land related issues. It appears decisions on land usage are being held up impending the outcome of the airport studies. Councilmembers Walsh and Wippermann don't feel that it is appropriate for the University to hold up land usage for the sitings. Mayor Hoke will address letters to Dr. Richard J. Sauer, Interim President, University of Minnesota, Jeff Hamiel, Executive Director, Metropolitan Airports Commission and Steve Keefe, Chair, Metropolitan Council, informing them of the City's position regarding long range land use and the suggestion that the University, Metropolitan Council and Metropolitan Airports Commission representatives all meet to discuss these issues. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 1988 Councilmember Napper moved to have a short recess at 9:32 P.m.. 79 Administrator Jilk informed Council that the University of Minnesota attorney is working on the legal documents and easements regarding the proposed rural water system. City Administrator Jilk advised representatives from Metropolitan Council and Metropolitan Airports Commission have offered to inform the public of their respective agency's position on the airport issue. The administrator reviewed a preliminary agenda for an airport forum and suggested the forum be held at the Dakota County Area Vocational Institute in July, 1988. Council unanimously concurred such a forum would be beneficial and directed the administrator to schedule the public forum. The meeting reconvened at 9:44 p.m. City Engineer Hefti informed Council that because of a misunderstanding on the bid opening date for the fire hall exterior modifications, bidders on the project did not receive the correct information. The city attorney recommended that the City reject all bids and rebid the project. See Clerk's File 1988 -17. MOTION by Walsh to reject all bids for City Contract 1988 -3, Fire Hall Exterior Modifications, and authorize a new bid opening date of July 5, 1988 at 11:00 a.m. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Engineer Hefti advised Council that due to a new law enacted in the legislature, the City cannot collect for fire sprinkler systems within the City water billing system. City Engineer Hefti recommended that Council amend Resolution 1988- 31 by deleting the water standby charge for fire sprinkler systems. See Clerk's File 1988 -17. MOTION by Walsh to adopt Resolution 1988 -54, A RESOLUTION ESTABLISHING WATER AND SEWER RATES, CHARGES AND DEPOSITS, amending Resolution 1988 -31 by deleting the water standby charge for fire sprinkler systems. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to adopt Resolution 1988 -55, A RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 208 107 -02 (CHIPPENDALE AVENUE) FROM 151ST STREET TO CSAH 42 IN THE CITY OF ROSEMOUNT, MINNESOTA. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Napper to adopt Resolution 1988 -56, A RESOLUTION DIRECTING PLACEMENT OF TRAFFIC CONTROL SIGNS AT THE INTERSECTION OF 156TH STREET AND CORNELL TRAIL. SECOND by 4 80 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 1988 Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Hefti updated Council regarding a request from a resident on Cameo Avenue for curb and gutter repairs. It was the consensus of staff that a formal petition be completed by the resident as well as other residents in the area. See Clerk's File 1988 -17. Mayor Hoke addressed the poor communication with county officials regarding the resource recovery project. Mayor Hoke suggested a joint meeting between the City Council and the County Board to allow for a formal exchange of information and positions on many areas of this issue. MOTION by Walsh to adopt Resolution 1988 -57, A RESOLUTION REQUESTING A JOINT MEETING BETWEEN CITY COUNCIL OF ROSEMOUNT AND COUNTY BOARD OF DAKOTA COUNTY. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. City Administrator Jilk informed Council the Minnesota Army National Guard has not ,met with the City to review the type of armory unit that may be constructed nor to pin down the specific site requirements. Community Development Director Dean Johnson indicated the City has not received a counter appraisal from the property owner, but he was assured it would be completed in July. Mayor Hoke expressed concern about the timing of the acquisition, citing a letter from retired Major General Sieben, dated May 17, 1988, urging a prompt transfer of title. Johnson noted that negotiations with the property owner were progressing and the possibility of condemnation had been discussed. Johnson felt the property owners understood that the purpose of condemnation was to guarantee a timetable for the process, rather than to impose a negotiating tactic. MOTION by Napper to adopt Resolution 1988 -58, A RESOLUTION AUTHORIZING CONDEMNATION OF PROPERTY FOR AN ARMORY. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Wippermann to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. Meeting was adjourned at 10:28 p.m. Respectfully submitted, 5 8 14 4 elert Cindy Dorniden Acting Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 1988 Stephan Jilk Administrator /Clerk Published this 07/ of .7 1988 in Dakota County Tribune. 81 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 29, 1988 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Wednesday, June 29, 1988, at 7:30 p.m. in the Council Chambers of City Hall. The meeting was called to order with all members of the Council present. Also in attendance were all members of the Rosemount Planning Commission, Empire Township Board Chair Gerald Stelzel, Empire Township Supervisor Terry Holmes, Empire Township Planning Commission Chair Jerry Wicktor, and Rosemount City Staff Members Administrator Stephan Jilk, City Engineer Rich Hefti, Community Development Director Dean Johnson, Planner Mike Wozniak, Police Chief James Staats and Deputy Clerk Susan Johnson. Mayor Hoke led the group in the Pledge of Allegiance. It was the consensus of the city and township officials that there should be ongoing efforts between the two communities regarding mutual concerns and projects. Discussion was held on the realignment and maintenance of 160th Street, Empire's long range plan to keep all land south of 160th Street as an Agricultural district, long range land use decisions regarding University of Minnesota lands, the airport issue and utilities. Empire Township Board Chair Gerald Stelzel advised he will recommend that the board adopt a resolution to be forwarded along with a letter from the City of Rosemount to Interim President Richard Sauer of the University of Minnesota that all land south of 160th Street maintain its present zoning status as an Agricultural district. Officials from Rosemount and Empire unanimously opposed any proposal to realign 160th Street to a location farther south than it presently is located. Administrator Stephan Jilk will notify Empire Township officials when a meeting has been scheduled with University of Minnesota consultants to discuss this proposed realignment. Officials from both communities further agreed it would be beneficial to get formal action from both governing bodies and make a cooperative presentation to the Rosemount Advisory 82 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 29, 1988 Council in August, 1988 regarding their desire to have active participation in the long range planning and land use decisions of the University of Minnesota lands. The next joint meeting was tentatively scheduled for October, 1988. Respectfully submitted, Sdisan M. /J.' nson, Deputy Clerk Stephan Jilk, Administrator /Clerk s r Published this o?/ day of diLe J., 1988, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1988 Pursuant to due call and notice thereof the Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, July 5, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann, and Oxborough present. Councilmember Napper was absent. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 6(e) Equipment Purchase for Camfield Park. Community Development Director Dean Johnson provided a brief presentation on the Household Hazardous Waste Program scheduled for October 1, 1988 in Rosemount. State Representative Dennis Ozment, Assistant Plant Manager of Koch Refinery, Ray Knutson and George Kinney, Hazardous Waste Coordinator for Dakota County were present and provided their support and endorsement of the program. Ray Knutson advised the council that Koch Refinery will be the financial sponsor for this years program. Administrator Stephan Jilk reviewed his memorandum dated July 1, 1988 to Council regarding staff's assessment proposal for Project 181, which extends a sanitary sewer line from the Lift Station No. 4, within an easement on the Baptist Church property east to Shannon Parkway. The revised approach for assessment would be to utilize 85 feet as a unit standard for lot width at a cost of $18.50 per front l 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1988 83 foot and to utilize a cost adjustment factor, using engineering construction cost index, for lots made available in the future by subdivision and that are hooked up to the sanitary sewer extension. Jilk noted the proposed assessment policy was presented to the property owners in a meeting on June 30, 1988. Jilk stated he felt the property owners viewed this as a more equitable approach to assessing their properties. See Clerk's File 1988 -18. Council was in agreement that the proposed assessment policy for Project 181 met their concerns with Councilmember Wippermann requesting that consideration be given to extending the hook up time requirement as set out in city ordinance. Administrator Stephan Jilk reviewed his memorandum dated June 30, 1988 regarding the hiring of Sandy Stromer as receptionist and transferring Linda Jentink to the position of secretary for administration and parks and recreation department. See Clerk's File 1988 -18. MOTION by Walsh to approve the Consent Calendar as presented. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. See Clerk's File 1988 -18. City Engineer Rich Hefti reviewed the two bids received for the fire station exterior modifications and recommended that Council accept the bids and award the contract to the lowest responsible bidder, A. E. Conrad Co. for the base bid only in the amount of $43,225. Concerns were expressed by several of the Councilmembers that another use may be determined for the fire hall based on the fire station needs study presently being conducted by a consultant. See Clerk's File 1988 -18. MOTION by Walsh to table discussion on the fire station exterior modification project to the August 16, 1988 Council meeting. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Walsh. Nays: 0. MOTION by Walsh to accept the bids and to place the bids on the fire station exterior modification project on file. SECOND by Wippermann. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk referred to a letter received by the city dated June 13, 1988, from Arlyn Cope, 14717 West Danville Avenue, who stated he was the representative of a neighborhood association consisting of 200 homeowners in Rosemount, and who would like to request that the city council declare a moratorium on any changes in the city's storm sewer plan until the new master plan has been developed. Resident Cope's letter further requested citizens be involved in the master storm sewer planning process. The administrator reviewed with Council his letter of June 30, 1988 in response 2 84 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1988 to Resident Cope's letter which outlined his recommendations to Council to hold a neighborhood meeting, to not declare a moratorium, to order the bids on the project and to give consideration to establishing a committee to review the master storm sewer plan when completed. See Clerk's File 1988 -18. Attorney Jerry Duffy, representing the approximately 200 residents, encouraged Council to declare a moratorium and to appoint a committee to work with Barr Engineering, the consulting engineering firm developing the master storm sewer plan. Harry Willcox, 14674 West Danville Avenue, stated his support of Arlyn Cope's letter of June 13, 1988 and stated it was the intent of the neighborhood association to declare the moratorium on any storm sewer changes since the 1981 feasibility report for Project 176. MOTION by Walsh to authorize the city staff to schedule an informational meeting with the neighborhood association between July 5, 1988 and July 19, 1988 to discuss and to listen to concerns regarding the master storm sewer plan. SECOND by Wippermann. Discussion ensued regarding whether Council wanted staff to include discussion on the Hawkins Pond Project in this informational meeting and the additional costs for Barr Engineering to attend an informational meeting. MOTION by Walsh to amend the motion to include the Hawkins Pond Project as part of in the informational meeting. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Poll of original motion: Ayes: Oxborough, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Walsh to authorize city staff to have discussions with Barr Engineering regarding the community involvement of the master storm sewer plan and ascertain the additional expense involved and the amount of extension of time that may be needed to complete the plan because of involvement with the community. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Walsh. Nays: 0. MOTION by Hoke that no moratorium be placed on changes in the master plan for the city at this time. SECOND by Wippermann. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: 0. City Engineer Rich Hefti advised Council, in response to a request from Mayor Hoke, that he and Police Chief Staats have reviewed the traffic safety along the south side of 145th Street east of Trunk Highway 3. Hefti cited multiple reasons the present parking designation should be changed to "No Parking" along the south side of 145th Street from Trunk Highway 3 to 20 feet east of the Senior Citizens Center parking lot driveway. Several alternatives to the no parking designation were discussed by Council. See Clerk's File 1988 -18. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1988 85 MOTION by Walsh to authorize city forces to paint two individual parking spots adjacent to the islands on the south side of 145th Street and an additional no parking sign be relocated to the proper position on 145th Street directly east of Trunk Highway 3. SECOND by Wippermann. Ayes: Oxborough, Walsh, Wippermann, Hoke. Nays: 0. Chairman of the Leprechaun Committee Joseph Walsh addressed the Leprechaun Days' schedule for council information. See Clerk's File 1988 -18. Community Development Director Dean Johnson reviewed with Council a draft letter addressed to the City of Apple Valley regarding the Environmental Assessment Worksheet (EAW) for a proposed sand and gravel operation in that city. Johnson cited several exceptions city staff found in the EAW and requested Council authorization to forward the draft letter and comments to Apple Valley. See Clerk's File 1988 -18. MOTION by Walsh to authorize city staff to send the letter to the City of Apple Valley regarding the comments on the Apple Valley gravel EAW. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. City Engineer Rich Hefti requested that Council authorize condemnation proceedings to acquire a ponding easement over a portion of Lot 1, Block 1, LeForet Addition, advising the owner of this parcel has refused the appraised value for the easement necessary for part of the storm sewer drainage plan for Country Hills 1st and 2nd Addition. See Clerk's File 1988 -18. MOTION by Walsh to adopt Resolution 1988 -59, A RESOLUTION AUTHORIZING CONDEMNATION OF PROPERTY FOR PONDING PURPOSE. SECOND by Hoke. Ayes: Hoke, Oxborough, Walsh. Nays: Wippermann. Parks and Recreations Director David Bechtold informed Council that vandalism has caused the playground equipment in Camfield Park to become unusable and requested Council authorization to purchase equipment in an amount not to exceed $3,000. Bechtold noted the funds would be expended from the Park Dedication Fund. Council concurred with this recommendation but requested the parks director to ascertain whether city insurance would cover any of the costs. MOTION by Wippermann to purchase playground equipment for Camfield Park in an amount not to exceed $3,000. SECOND by Oxborough. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: O. Mayor Hoke reported on a meeting he attended along with city staff members and with county officials and staff members regarding communication with the county concerning the resource recovery project. Administrator Jilk advised that as 4 86 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1988 a result of this meeting, the county administrator has invited city staff to attend all meetings that pertain to resource recovery. Jilk advised Council that although the county board chairman is aware of the resolution passed by Council requesting a joint county board /city council meeting, a formal letter and the resolution has not been forwarded to the county board members. Mayor Hoke referred to his memorandum regarding the State Leadership Initiative with no action being taken by Council. See Clerk's File 1988 -18. Administrator Stephan Jilk advised Council the Airport Forum is scheduled for July 18, 1988, at 7:00 p.m. at the Dakota County Vo- Tech and approximately 250 flyers will be mailed. MOTION by Wippermann to adjourn. SECOND by Oxborough. Ayes: 4. Nays: 0. Respectfully submitted, Susan M. 3t n on, Deputy Clerk Stephan Jilk, Administrator /Clerk Published this _Z_ day of 1,144.1n____, 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 19, 1988 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, July 19, 1988, at 7:00 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke opened the public hearing scheduled for this time to consider the Rosehaven Addition Preliminary Plat /Concept Planned Unit Development plan. The Administrator /Clerk had in his presence the Affidavit of Publication and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -19. Councilmember Napper took his chair at 7:04 p.m. City Planner Michael Wozniak presented the preliminary plat /concept planned unit development plan for Rosehaven Addition consisting of 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 19, 1988 87 8.94 acres and presently part of the South Rose Park Addition Replat Commercial Subdivision. The main component is a 63,000 square foot retail mall to be located on a 7.74 acre lot in addition to a 1.19 acre lot front on County Road 42 which has been identified as a future building lot. See Clerk's File 1988 -19. Planner Wozniak advised Council that excluding the right -in access drive off of County Road 42, the proposed plan meets city zoning and subdivision ordinance requirements. Wozniak reviewed the appearance of the proposed mall advising the landscaping, exterior treatment and the overall proposed esthetics will provide an acceptable appearance. Wozniak informed Council the Planning Commission approved preliminary plat /concept planned unit development plan without approving the right -in access as proposed by the developer. Community Development Director Dean Johnson advised the proposed access on County Road 42 would set a precedent for eighth -mile spacing along four -lane divided highways, and he has been informed by county staff that county policy allows access at quarter -mile spacing. The only exception to this policy is for access to "non- continuous, low volume" public streets, but the developer's proposal is for a commercial driveway. See Clerk's File 1988 -19. MOTION to recess the public hearing until the July 19, 1988 regular council meeting, beginning at 7:30 p.m. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Stephan Jilk Administrator /Clerk Published this /5 day of Respectfully submi Susan M. Jo(nsan Deputy Clerk d;" 1988 in Dakota County Tribune. 88 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1988 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, July 19, 1988, at 7:00 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke opened the public hearing scheduled for this time to consider the Rosehaven Addition Preliminary Plat /Concept Planned Unit Development plan. The Administrator /Clerk had in his presence the Affidavit of Publication and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -19. City Planner Michael Wozniak presented the preliminary plat /concept planned unit development plan for Rosehaven Addition consisting of 8.94 acres and presently part of the South Rose Park Addition Replat Commercial Subdivision. The main component is a 63,000 square foot retail mall to be located on a 7.74 acre lot in addition to a 1.19 acre lot front on County Road 42 which has been identified as a future building lot. See Clerk's File 1988 -19. Planner Wozniak advised Council that excluding the right -in access drive off of County Road 42, the proposed plan meets city zoning and subdivision ordinance requirements. Wozniak reviewed the appearance of the proposed mall advising the landscaping, exterior treatment and the overall proposed esthetics will provide an acceptable appearance. Wozniak informed Council the Planning Commission approved preliminary plat /concept planned unit development plan without approving the right -in access as proposed by the developer. Community Development Director Dean Johnson advised the proposed access on County Road 42 would set a precedent for eighth -mile spacing along four -lane divided highways, and he has been informed by county staff that county policy allows access at quarter -mile spacing. The only exception to this policy is for access to "non continuous, low volume" public streets, but the developer's proposal is for a commercial driveway. See Clerk's File 1988 -19. MOTION to recess the public hearing until the July 19, 1988 regular council meeting, beginning at 7:30 p.m. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, July 19, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended as follows: Item 2(a) Continuation of Rosehaven Addition Preliminary Plat /Concept PUD Public Hearing; Item 7(g) Update on Rural Water System; and Item 7(h) Block Party Request. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1988 The public hearing to consider the Rosehaven Addition Preliminary Plat /Concept Planned Unit Development Plan reconvened at 7:35 p.m. Darrell Anderson, architect for Rosehaven Mall, outlined to Council the history of the project. MOTION by Walsh to recess the Rosehaven Public Hearing until after the public hearing scheduled for 8:00 p.m. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nay: 0. Mayor Hoke opened the public hearing scheduled for this time to consider the application received from Tom Thumb Food Markets, Inc. to sell non intoxicating malt liquor at their new store located at 15040 Canada Avenue. The Administrator /Clerk had in his presence the Affidavit of Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1988 -20. 89 Council reviewed the application and report from Police Chief Staats regarding the criminal investigation of the applicant. City Administrator Stephan Jilk recommended approval of the application pending issuance of the certificate of occupancy by the city's building official. See Clerk's File 1988 -20. MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Wippermann to approve the application received from Tom Thumb Food Markets, Inc. for an off -sale non intoxicating malt liquor license for the period of July 19, 1988 to June 30, 1989 contingent upon issuance of city certificate of occupancy for Tom Thumb Store #276. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. The public hearing for Rosehaven Addition reconvened at 8 :06 p.m. The architect for Rosehaven Mall reviewed the preliminary plat /concept PUD, site plan, elevation sketches and landscaping plan. The architect displayed a three dimensional model of the mall and explained the exterior treatment of the building. The architect further requested that Council consider approving the right -in access on County Road 42 and referred to a letter received from the Dakota County Plat Commission which outlined county guidelines for County Road 42. The architect further stated prospective tenants feel the right -in access is a necessity. Considerable discussion by Council followed regarding county policy of right -in access from County Road 42. Council agreed the county should be invited to attend the next Council meeting to clarify the one fourth mile distance spacing versus the one eighth mile distance spacing of right -in access off of a county road if the proposed access is for a low volume city 90 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1988 street versus a commercial driveway. Council further agreed the county should provide expertise on safety issues regarding the county access policy. MOTION by Wippermann to close the public hearing. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Walsh to adopt Resolution 1988 -60, A RESOLUTION GIVING APPROVAL TO THE ROSEHAVEN ADDITION CONCEPT PUD AND PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL APPROVAL, and the right turn in access on County Road 42, as proposed, be tabled until the Dakota County Highway Engineering Department can clarify to the city the county's policy on county road access. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke. Nays: Oxborough, Napper. A recess was called at 9:05 p.m. with the meeting reconvening at 9:20 p.m. Community Development Director Dean Johnson informed council of the selection of SRF, Inc. as the consultant for the opt out study. See Clerk's File 1988 -20. Community Development Director Dean Johnson and Warren Wilson, planner for Dakota County, presented to Council the concept of the pilot recycling program to be introduced this fall. The purpose of the pilot program is to assist the county and city in determining what future recycling program would be appropriate in Rosemount. See Clerk's File 1988 -20. Administrator Stephan Jilk requested that a special council meeting be set to allow staff to present staff's 1989 budget package as well as the five year CIP. See Clerk's File 1988 -20. MOTION by Walsh to set a special council meeting on Tuesday, August 23, 1988, at 6 :30 p.m. in the Council Chambers at City Hall for the purpose of budget discussion. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. City Engineer Rich Hefti advised the Minnesota Department of Transportation (MnDOT) is considering placing Trunk Highway 3 improvements from County Road 42 to 142nd Street on the 1991 -1993 work program and requested the city consider what improvement or changes the city would like MnDOT to incorporate in this project. Hefti stated he will be meeting with MnDOT in August, 1988 and requested any input the council might have regarding this project. Council agreed they would like to review any previous plans prepared for this project. See Clerk's File 1988 -20. MOTION by Wippermann to approve the Consent Calendar as presented. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk reviewed his memorandum dated July 15, 1988 regarding the storm water master plan citizen committee and a letter received from Barr Engineering Company specifying how a citizen committee would interface with the study and the estimated ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1988 cost to the city for this expanded involvement. See Clerk's File 1988 -20. Dennis Palmer from Barr Engineering outlined for Council the elements of the storm water study and how an area resident could provide information regarding historical data, drainage patterns, estimated runoff rates and volumes. Palmer further explained the role of the citizen committee and who should be on the committee. Administrator Jilk suggested that if the Council formed such a committee, that he would come back to Council with any recommendations regarding this committee. MOTION by Hoke supporting the utilization of a citizen committee to review and offer input to the master storm water plan as outlined by Barr Engineering and to authorize the city administrator to oversee the formation and direction of the committee process. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Rich Hefti requested the Council to set a bid opening for Hawkins Pond, Project 176, Contract 1988 -2 on August 12, 1988, at 10 :00 a..m. Resident Harry Willcox expressed concerns regarding the possibility of the actual costs being higher than the estimated costs provided by staff on this project. Council reviewed a proposed amendment pertaining to fire department administration and operation. Administrator Jilk advised clarification of duties, responsibilities and authority are necessary to protect the firefighter from potential law suits. See Clerk's File 1988 -19. MOTION by Walsh to adopt Ordinance No. XVIII.7, AN ORDINANCE AMENDING TITLE 6, CHAPTER 2, PERTAINING TO FIRE DEPARTMENT ADMINISTRATION AND OPERATION. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. 91 MOTION by Napper to authorize a bid opening for City Contract 1988 -2, Hawkins Pond Storm Sewer Improvements, Project 176, to be held on August 12, 1988, at 10:00 a.m. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Engineer Hefti recommended that Sanitary Sewer Project 181 be incorporated into one contract with the Hawkins Pond project because both are in the same area, and one contractor could coordinate activities much better resulting in more efficient costs. MOTION by Walsh to authorize Project 181 to be bid as part of City Contract 1988 -2 and set the bid opening date on Friday, August 12, 1988, at 10:00 a.m. SECOND by Hoke. Ayes: Oxborough, Mapper, Walsh, Wippermann, Hoke. Nays: 0. 92 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1988 Administrator Stephan Jilk discussed with Council the city's obligation to pay 12.5 percent of the overall costs of the basic building for the armory to be built in Rosemount. In anticipation of that fund involvement, the administrator requested council's authorization to begin to levy 1/3 mill which would produce approximately $17,000 a year. By collecting this levy for taxes payable in 1989, Jilk advised this collection would allow the city to build up a small reserve to allow a leverage for more debt when the city sold bonds for the armory. See Clerk's File 1988 -20. MOTION by Napper to adopt Resolution 1988 -61, A RESOLUTION LEVYING AN ANTICIPATORY TAX FOR A STATE ARMORY BUILDING. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke reviewed the administrator's memorandum to Council of July 15, 1988 regarding an armory /community facility committee. Administrator Jilk reviewed the purpose of the committee and suggested representation on the committee. See Clerk's File 1988- 20 MOTION by Napper to concur with the administrator's memorandum of July 15, 1988 regarding the armory /community facility committee and to authorize the administrator and mayor to report to council on August 16, 1988 with a list of potential membership names. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Council discussed Rich Hefti's memorandum dated July 15, 1988. Hefti requested that 145th Street be posted for no parking on either side of the street from Diamond Path to Chippendale. Council concurred that the no parking zone only extend from Shannon Parkway to Chippendale Avenue since reconstruction of the 145th Street and Diamond Path intersection is scheduled for 1989. Council agreed the area from Shannon Parkway to Diamond Path can be re- evaluated upon completion of this reconstruction. See Clerk's File 1988 -20. MOTION by Walsh to adopt Resolution 1988 -62, A RESOLUTION DIRECTING PLACEMENT OF NO PARKING SIGNS ALONG 145TH STREET BETWEEN CHIPPENDALE AVENUE AND SHANNON PARKWAY. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to receive the bids and award Contract 1988 -4 to Pine Bend Paving in the amount of $13,357.43 and to authorize the necessary signatures. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. See Clerk's File 1988 -20. MOTION by Walsh to authorize the feasibility report for Project 191, Chippendale Avenue Street Improvements. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Rich Hefti requested that Council approve the plans and specifications for Shannon Oaks Street Improvements and authorize a bid opening date on Friday, August 12, 1988, at 10:30 a.m. at City Hall. See Clerk's File 1988 -20. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1988 93 MOTION by Wippermann to adopt Resolution 1988 -63, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, SHANNON OAKS STREET IMPROVEMENTS, CITY CONTRACT 1988 -6. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk advised the city received the plans and specifications on the rural water system from the consulting engineer who is working with the University of Minnesota. The city staff was requested to review and make comments to them by August 10, 1988. Councilmember Napper reported on a meeting he and other residents attended this date at which the attorney for the University of Minnesota provided the residents who are to hook up to the rural water system a proposal to consider. Napper advised the university would like the residents to sign a waiver of rights from pursuing legal action against the university over property valuation. Napper stated he has been invited to attend the Board of Regents meeting on August 12, 1988 to discuss this proposal with them. Administrator Stephan Jilk presented a petition from residents on Upper 143rd Street West to hold a block party on Sunday, August 21, 1988. The administrator advised Police Chief Staats found no problem with this request, and the city's fire chief and one of the public works employees who live on this street will be responsible for opening and closing the barricades. See Clerk's File 1988 -20. MOTION by Wippermann to approve the request from the group of citizens who want to have a block party on Upper 143rd Street West on August 21, 1988, from 2:00 p.m. to 8:00 p.m. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke introduced for discussion the idea of a business forum and inviting the business community to city hall on possibly a quarterly basis to allow them to discuss their concerns and questions with council and staff. Mayor Hoke described the forum as a give and take session. Council unanimously agreed with Mayor Hoke's business forum proposal and recommended the first forum be scheduled for August 16, 1988, at 7:00 a.m. to coincide with the Rosemount Area Chamber of Commerce breakfast meeting. Council reviewed the information and application for the city to become involved in the "Celebrate Minnesota" statewide celebration planned for 1990. Council unanimously agreed the mayor and staff should send in the initial application. See Clerk's File 1988 -20. Mayor Hoke discussed with council his proposal to hold a monthly mayor's open house to allow citizens to talk about city issues in an informal setting. Mayor Hoke stated this could include councilmembers, if they so desired, but it would not be a requirement for them to attend. Following 6 94 discussion, the Council was in unanimous agreement with the mayor's suggestion. In recognition of the Vietnam MIA /POW's, who lived in the community and those MIA's whose friends and families live here, the administrator requested Council to authorize to fly the official MIA /POW flag at city hall. See Clerk's File 1988 -20. MOTION by Walsh to authorize the flying of the official MIA /POW flag at city hall on the United States flag pole but on a lower level. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Wippermann to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 19, 1988 Respectfully submitted, Susan M. nson Deputy Clerk Stephan Jilk Administrator /Clerk Published this _g_ day of 1988, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 25, 1988 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Monday, July 25, 1988, at 5:00 P.M. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke lead the group in the Pledge of Allegiance. The agenda was amended to include Item 4a, Authorization to Advertise for Receptionist Position. City Engineer Rich Hefti advised the bid opening date for Hawkins Pond, Project 176, and Sanitary Sewer Extension Project 181, City Contract 1988 -2, needs to be changed due to a miscalculation of the advertising period for the hid opening as required by law. City Engineer Hefti suggested the bid opening date for Projects 176 and 181 be changed from August 12, 1988 to Friday, August 19, 1988, at 10:00 A.M. See Clerks File 1988 -21. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 25, 1988 95 Resident Harry Willcox, of 14674 Danville Avenue West, requested that council not take any action on Projects 176 and 181 until the Master Storm Sewer Plan has been completed by Barr Engineering. MOTION by Walsh to adopt Resolution 1988 -64, A RESOLUTION ORDERING ADVERTISEMENT FOR BIDS FOR HAWKINS POND (PROJECT 176) AND SANITARY SEWER EXTENSION, LIFT STATION 4 TO SHANNON PARKWAY (PROJECT 181), CITY CONTRACT 1988 -2. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Engineer, Rich Hefti, further requested that council rescind Resolution 1988 -63, adopted at the July 19, 1988, regular council meeting, due to the miscalculation of the advertisement period for the bid opening for Project 185, Shannon Oaks Street Improvements, Contract 1988 -6. MOTION by Walsh to adopt Resolution 1988 -65, A RESOLUTION RESCINDING RESOLUTION NUMBER 1988 -63. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Wippermann to adopt Resolution 1988 -66, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS SHANNON OAKS STREET IMPROVEMENTS, CITY CONTRACT 1988 -6. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Administrator Stephan Jilk, advised that Sandy Stromer gave her resignation effective August 5, 1988. He requested that council accept her resignation effective this date and to authorize the administrator to advertise and interview for this position. MOTION by Napper to accept the resignation of Sandy Stromer effective August 5, 1988. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Walsh to authorize the administrator to advertise and interview for the position of receptionist. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Hoke to adjourn. SECOND by Walsh. Ayes: 5. Nays: 0. Respectfully submitted, Susan M. Jolrfii son' Deputy Clerk 96 ATTEST: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 25, 1988 Stephan Jilk, Admi istrator /Clerk Published this /0 day of 1988, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 2, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, August 2, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Wippermann, Oxborough and Napper present. Councilmember Walsh was absent. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended as follows: Item 4(1) Set Rezoning Hearing Date /0'Leary's 4th Addition and Item 7(a) McCoy /Leidner Lot Division /Combination were deleted from the agenda. Item 4(r) Approval of Request for Umpire Payment and Item 4(s) Approval for Fencing for Diseased Tree Site were added to the Agenda. Kirk Schnitker, community development specialist, for Dakota County HRA presented a proposal to Council to utilize tax increments within the city for additional housing redevelopment. Schnitker explained there are increments available from the scattered site housing program established in 1984 which would allow the HRA to take home sites and other property which are under utilized or not meeting today's building and zoning code and offer the sites to contractors to build single family and /or multi family units. The proposed areas for this program were Rose Park Addition and Broback Industrial Park. See Clerk's File 1988 -22. City Engineer Rich Hefti advised the Minnesota Pollution Control Agency will not renew the permit for the city's diseased tree site located on University of Minnesota property until a fence is installed around the site. Hefti advised the city received permission from the university to install the fence, but was informed the university would not be able to participate in cost sharing. Since the city allows the residents of Apple Valley to use this site, Hefti advised he has been in contact with the City of Apple Valley as a funding source for this project. Hefti recommended that Council approve the funding of $6,625.00 to purchase the fence from the low bidder, Century Fence, for 1,000 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 2, 1988 97 feet of eight foot high chain link fence and a twenty foot wide gate. See Clerk's File 1988 -22. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for this time. Mayor Hoke opened the public hearing to consider the zoning appeal of Grief Bros. Corporation in regards to denial of a building permit for a 15,000 square foot addition. The Administrator /Clerk had in his presence the Affidavit of Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1988 -22. City Planner Mike Wozniak summarized the events leading to the denial by the Planning Commission on June 21, 1988 to issue a building permit to Grief Bros. Corporation for a 15,000 square foot addition. Wozniak advised the Planning Commission denial was based upon exception to the aesthetic appearance of the proposed exterior consisting of 100 percent metal sided construction and the setting of precedent for future construction in this area. See Clerk's File 1988 -22. Jack Flag, plant manager of Grief Bros., objected to the planning commission decision and advised the pre- engineered metal exterior would require minimal maintenance and would be more cost and energy efficient. The plant manager also defended the aesthetic appearance of the proposed addition. Discussion ensued between staff, council and the appellant regarding Jack Flag's interpretation of the Planning Commission's decision. Flag stated he felt it was the planning commission's intention for Grief Bros. to continue with a block and brick requirement only. Planner Wozniak agreed the Planning Commission suggested block and brick as an appropriate material but also discussed using a mixture of materials. It was the consensus of the Council that Grief Bros. meet with staff and negotiate an appropriate exterior siding to be proposed to the Planning Commission as an alternative. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Napper to deny the Grief Bros. Corporation building permit appeal and to urge continued negotiations in resolving the aesthetic issues of the proposed addition. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Wippermann. Nays: 0. The regular agenda resumed at this time. 2 98 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 2, 1988 City Engineer Rich Hefti requested Council authorization to hire Donald Jerde for the janitor position at a starting salary of $7.00 per hour. Hefti recommended Jerde be moved into a Maintenance I level upon completion of a six month probationary period and be approved the salary progression as outlined in his memorandum dated August 2, 1988. See Clerk's File 1988 -22. Administrator Stephan Jilk recommended that Council approve Fire Chief Scott Aker's request to purchase an IBM Express XT system for approximately $2,500. See Clerk's File 1988 -22. Parks Recreation Director David Bechtold presented the Parks Recreation Committee's recommendation to name two of the neighborhood parks in Rosemount. The committee recommended the neighborhood park in Country Hills Addition be named "Connemara Park and the park located at 2420 145th Street West be named "Biscayne Park See Clerk's File 1988 -22. MOTION by Napper to approve the consent calendar as amended. SECOND by Oxborough. Ayes: Oxborough, Napper, Wippermann, Hoke. Nays: 0. See Clerk's File 1988 -22. A recess was called at 8:55 p.m. with the meeting reconvening at 9:08 p.m. As directed by Council at the last regular meeting, City Administrator Jilk advised he contacted the county for clarification regarding county policy for a right in access off of County Road 42 as proposed in the preliminary plat /concept PUD for Rosehaven Addition. The administrator read the letter received from Gary Stevenson, Secretary, Dakota County Plat Commission, dated July 29, 1988, in response to staff's request. See Clerk's File 1988 -22. Peter Sorenson, traffic engineer for Dakota County, briefly reviewed the county spacing guidelines for right in access, and the spacing guidelines for the section of County Road 42 adjoining the Rosehaven Mall. Steve Ramsey, developer, and Darrill Anderson, architect, for the project requested Council's consideration to approve the right in access off of County Road 42. Other residents came before Council supporting the right in only access. MOTION by Napper to approve the right turn in access only for Rosehaven Addition and to authorize city staff to submit the petition to the County Plat Commission for the required variance to county access spacing guidelines. SECOND by Oxborough. Ayes: Napper, Wippermann, Hoke, Oxborough. Nays: 0. A five minute recess was called at 10:20 p.m. with the meeting continuing at 10:25 p.m. 3 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 2, 1988 Administrator Stephan Jilk reviewed with Council an outline and summary of the purpose, role of members, makeup and involvement of members for the storm water master plan committee. Jilk expected the committee to meet approximately four times and the first meeting would be held on August 17, 1988. See Clerk's File 1988 -22. 4 99 MOTION by Hoke to approve the administrator's outline and summary dated July 28, 1988 and to authorize the administrator to proceed with the formation of the storm water master plan committee with the role and involvement of the participants as outlined. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper. Nays: 0. Administrator Jilk reviewed city staff discussions with representatives of the Baptist Church regarding the Hawkins Pond project over the last several months. Jilk stated that recently staff met with the church representatives to clarify the city's position on several issues and referred to a letter dated July 22, 1988 from the administrator to Pastor Edwin Johnson summarizing the city's position. Jilk advised that Mayor Hoke was informed by the church that the city's proposal was unacceptable, and the church voted to "opt out" of the Hawkins Pond project and requested fill material from the project. Jilk stated staff has requested another meeting with the church and requested Council's concurrence that staff proceed with the project as proposed and allow the bidding contractors to determine the method of disposal of the fill material. See Clerk's File 1988 -22. MOTION by Hoke to support city staff's continuation of the project as proposed and to allow the project bidder to determine the disposal of the fill material and to direct city staff to meet with representatives of the Baptist Church to discuss certain concerns of the church. SECOND by Wippermann. Ayes: Iioke, Oxborough, Napper, Wippermann. Nays: 0. MOTION by Oxborough to adopt a RESOLUTION APPROVING A MODIFICATION OF THE 1984 HOUSING TAX INCREMENT DISTRICT IN ROSEMOUNT BY THE DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY. SECOND by Napper. Ayes: Oxborough, Napper, Wippermann, Hoke. Nays: 0. Mayor Hoke reviewed his Preliminary Proposal for Fall /Winter Community Involvement Process and requested suggestions from Council for membership of the community direction and development advisory committee. See Clerk's File 1988 -22. Administrator Jilk requested that Council set a closed session to review the proposed comparable worth plan for the city. See Clerk's File 1988 -22. 100 MOTION by Napper to set a closed special council meeting on Tuesday, August 16, 1988, at 6:30 p.m., at City Hall for the purpose of reviewing a plan for implementation of comparable worth for the city. SECOND by Oxborough. Ayes: Napper, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Hoke to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 2, 1988 Respectfully submitted, Susan M. JGhn on Deputy Clerk Stephan Jilk Administrator /Clerk pp. Published this 5 lb day of 44144, 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 16, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, August 16, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Acting Mayor Walsh called the meeting to order with Councilmembers Wippermann, Oxborough and Napper present. Mayor Hoke was absent. Acting Mayor Walsh led the group in the Pledge of Allegiance. The agenda was amended to include Item 7(e) Adopt Resolution Declaring Intent to Extend Shannon Parkway. MOTION by Wippermann to approve the consent calendar subject to changing the bid opening date for Lift Station #5 to September 16, 1988, at 11:00 a.m. SECOND by Oxborough. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: O. See Clerk's File 1988 -23. The final plat and development contract for Shannon Oaks was presented for Council review and approval. Community Development Director Dean Johnson advised the Planning Commission approved the plat subject to an executed development contract. See Clerk's File 1988 -23. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 16, 1988 101 MOTION by Wippermann to adopt A RESOLUTION APPROVING THE SHANNON OAKS FINAL PLAT, subject to execution of the development contract. SECOND by Walsh. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. MOTION by Wippermann to approve the development contract for Shannon Oaks between the City of Rosemount and The Great Stock Corporation and to authorize the necessary signatures. SECOND by Walsh. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0 City Administrator Stephan Jilk discussed with Council the proposed Community Direction Development Advisory Committee membership and alternates and recommended that Council approve the membership as submitted by the mayor. See Clerk's File 1988 -23. MOTION by Wippermann to approve the Community Direction Development Advisory Committee members as submitted by Mayor Hoke. SECOND by Oxborough. Ayes: Napper, Wippermann, Walsh, Oxborough. Nays: 0. City Administrator Jilk presented the proposed membership for the Armory /Community Facility Committee and requested approval to contact these persons to ascertain whether they would be willing to serve on the committee. Jilk noted that although civic organizations will not be represented through membership on this committee, recommendations and concepts will be given to these clubs for their input. It was the consensus of the Council that an additional two positions be allowed on the committee to be appointed at a later date if it is desirable. See Clerk's File 1988 -23. MOTION by Napper to approve the Armory /Community Facility Committee membership as recommended by the administrator with the possibility of two additional appointments if determined necessary by the city council. SECOND by Oxborough. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. A brief recess was called at 7:57 p.m. with the meeting continuing at 8:00 p.m. Acting Mayor Walsh opened the public hearing scheduled at this time to consider a rezoning from Agriculture to Rural Residential of the Shannon Oaks subdivision. The Administrator /Clerk had in his presence the Affidavit of Publication and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -23. Community Development Director Dean Johnson advised the city received a request to rezone from the developer of Shannon Oaks subdivision consisting of twelve single family lots located at Shannon Parkway and County Road 38. Johnson 2 102 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 16, 1988 presented the Planning Commission's recommendation to approve the rezoning. See Clerk's File 1988 -23. MOTION by Wippermann to close the public hearing. SECOND by Napper. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. MOTION by Walsh to adopt ORDINANCE NO. XVII.85, AN ORDINANCE AMENDING ORDINANCE NO. %VII.3 ZONING ORDINANCE. SECOND by Wippermann. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0. Discussion ensued regarding the fire station stucco project and Council's direction to delay a decision on the project until the fire station study by Hoisington Group, Inc. was completed. City Administrator Jilk advised Council that Hoisington Group, Inc. was unable to complete the study by this date; and therefore, the low bidder of the project would not have to honor his bid beyond the specified time in the bid specification. City Engineer Hefti advised the low bidder is reluctant to do the project since his bid was based on his availability to do the project at the time the bids were let. Jilk and Hefti recommended that this project be tabled until the spring of 1989 but will look at doing some interim repairs on the building this Fall. Jerry Shannon, Springsted, Inc. reviewed with Council the recommendations for issuance of $2,750,000 General Obligation Improvement Bonds, Series 1988E to fund several city improvement projects and for the issuance of $1,395,000 General Obligation Revenue Water Bonds, Series 1988C to fund the construction of a new well and storage reservoir for the city's water system. Council unanimously agreed the revenue water bonds sale be tabled until more specific requirements for the well and water tower have been determined. See Clerk's File 1988 -23. MOTION by Walsh to adopt a RESOLUTION PROVIDING FOR THE PUBLIC SALE OF $2,750,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1988B. SECOND by Napper. Ayes: Napper, Wippermann, Walsh, Oxborough. Nays: 0. MOTION by Walsh to table the sale of the revenue water bonds until a recommendation is received from the Utilities Commission. SECOND by Wippermann. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. City Administrator Jilk requested that Council consider his and other interested councilmember's attendance at the National League of Cities Conference in Boston, Massachusetts, December 3 -7, 1988. See Clerk's File 1988 -23. MOTION by Napper to approve the attendance of the administrator and any councilmember to attend the National League of Cities Conference in Boston, Massachusetts, December 3 -7, 1988. SECOND by Oxborough. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. MOTION by Walsh to authorize staff, community development director, planning commission members and councilmembers to attend the APA 3 1 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 16, 1988 1130 Regional Planning Conference, September 14 -17, 1988. SECOND by Oxborough. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0. Council reviewed the city administrator's memorandum of August 12, 1988 regarding the purchase of computer equipment. See Clerk's File 1988 -23. MOTION by Walsh to authorize the city administrator to purchase the equipment as described in the August 12, 1988 memorandum regarding the purchase of computer equipment. SECOND by Mapper. Ayes: Napper, Wippermann, Walsh, Oxborough. Nays: 0. City Engineer Rich Hefti advised that before the Minnesota Department of Transportation will approve the plans and specifications to allow the city to receive state aid for Shannon Oaks Street Improvements, they must receive formal action from the city showing the city's intent to complete Shannon Parkway from County Road 38 to 160th Street. MOTION by Walsh to adopt A RESOLUTION DECLARING THE CITY'S INTENT TO EXTEND SHANNON PARKWAY SOUTHERLY TO CONNECT TO A MSA STREET. SECOND by Oxborough. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. City Administrator Jilk requested that in addition to budget presentations at the August 23, 1988 special council meeting, presentations by Fred Hoisington and Larry Thompson of Hoisington Group, Inc. be scheduled for 6:30 p.m. regarding the fire station facility study and the police /fire administration report. See Clerk's File 1988 -23. MOTION by Walsh to approve presentations by Hoisington Group, Inc, at 6:30 p.m., at the August 23, 1988 special council meeting. SECOND by Oxborough. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. City Administrator Stephan Jilk updated Council regarding the rural water system advising the city engineer has reviewed t1 plans and specifications for phase one of the system and that staff is currently reviewing the draft agreement between the University of Minnesota and the city in regards to taking ovi the system once it is constructed. Councilmember Mapper advised the residents are still negotiating with the university on the proposed agreement that the university wou like the residents to sign. Napper further advised he met with the Board of Regents, and they authorized continued negotiations with the residents for another 30 days. .vq MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 16, 1988 Respectfully submitted, Susan M. JdFin`3/on Deputy Clerk Stephan Jilk Administrator /Clerk th c rt.C1X/2 Published this /S day of oYepenJ, 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 23, 1988 Pursuant to due call and notice thereof a special meeting of the 7.ity Council of the City of Rosemount was duly held on Tuesday, lugust 23, 1988, at 6:30 p.m. in the Council Chambers of the City Tall. Iayor Hoke called the meeting to order with all members present. ayor Hoke led the group in the Pledge of Allegiance. he agenda was amended to include Item 8 County Road 42 /Canada venue Discussion and Item 9 Recommendation on Receptionist )sition. trry Thompson provided an overview of his study, Analysis of Public Lfety Operations and Organization, regarding a review of the police d fire department. See Clerk's File 1988 -24. ed Hoisington provided an overview of the Fire Station Location udy including recommendations as to the number and location of ture fire stations within the city. See Clerk's File 1988 -24. ninistrator Stephan Jilk suggested the consultants be invited to )ther council meeting in the near future for further clarification l discussion with Council and staff. y Engineer Rich Hefti recommended that Council receive bids and rd Contract 1988 -2, Hawkins Pond Drainage Improvements and tion 30 Sanitary Sewer Extension, to the lowest responsible der, Enebak Construction Company, and to authorize the necessary natures. See Clerk's File 1988 -24. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 23, 1988 [05 MOTION by Napper to accept and place the bids on file and to award City Contract 1988 -2 to Enebak Construction Company in the amount of $170,852.00. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Engineer Rich Hefti recommended Council action to receive bids for Contract 1988 -6, Shannon Oaks Street Improvements, and to award the contract to the lowest responsible bidder, Bituminous Roadways, Inc., subject to Municipal State Aid approval, and to authorize the necessary signatures. See Clerk's File 1988 -24. MOTION by Wippermann to receive the bids for City Contract 1988 -6 for Shannon Oaks Street Improvements and to award the bid to Bituminous Roadways in the amount of $136,381.50, subject to Municipal State Aid approval. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. The city administrator and department heads reviewed with Council their respective department's proposed budget for 1989 and 1989 -1993 CIP budget as part of the preliminary 1989 operating budget for all general government funds and the capital improvement plan for year 1989 through 1993. The administrator advised the final draft will be presented at the next regular council meeting. See Clerk's File 1988 -24. Council requested that staff immediately begin discussion and research regarding the pedestrian crossing at Canada Avenue and County Road 42. Suggestions were made to investigate constructing a pedestrian bridge over County Road 42 as well as other alternatives. City Administrator Jilk presented his recommendation to hire Deborah Widstrom as receptionist at a starting salary of $6.50 an hour effective September 6, 1988; and upon a six month successful probationary period, an increase to $7.00 an hour. See Clerk's File 1988 -24. MOTION by Wippermann to offer the position of receptionist to Deborah Widstrom at a starting salary of $6.50 an hour and an increase to $7.00 an hour subject to a six month successful probationary period. SECOND by Hoke. Ayes: ,Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Council briefly discussed the joint meeting between the City Council and County Board members scheduled for August 30, 1988, at 4:30 p.m. 106 Respectfully submitte G %xis an M. Jo son, Deputy Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 23, 1988 MOTION by Oxborough to adjourn. SECOND by Hoke. Ayes: 5. Nays: 0. Stephan Jilk, Administrator/Clerk Published this /,5' da y of %(P/ pe Pl?J, 1988 'in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 30, 1988 Pursuant to due call and notice thereof a Special Joint Meeting of the City Council of the City of Rosemount and the Board of Commissioners of Dakota County was held on Tuesday, August 30, •1988 at 4:30 P.M. at the Marriott City Center in Minneapolis, Minnesota. The meeting was jointly called to order by Mayor Rollan Hoke, for the City of Rosemount and Chairman Steve Loeding for Dakota County. The purpose of the meeting was to discuss the proposed Dakota County Waste to Energy Facility planned for construction in Rosemount. Mayor Rollan Hoke, Councilmembers Napper and Wippermann were present along with City Administrator Stephan Jilk and Community Development Director Dean Johnson for the City of Rosemount. County Board Chairman Steve Loeding, County Commissioners Voss, Streefland and Maher were present along with County staff members L. Wray, G. Erickson, J. Backstrom, G. Richardson, J. Connell, D. Anderson and T. Goodman. Mayor Hoke gave a,presentation outlining the City's involvement in solid waste issues over the years, the city's present concerns regarding the waste to energy project and a concept for host community incentives for locating of such a project in the city. See Clerks' File 1988 -25. Commissioner Voss responded that the city has always been cooperative and very objective on the sensitive issue of solid waste over the years. He acknowledge the time and effort that the City has expended has been terrific and he commended the city council for its ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 30, 1988 continuing desire to be as educated on all the issues as is possible. He pledged the County's support in providing adequateinformation to the city and commented that working together was obviously in the interests of the city and the county. Finally, he noted that it was time to "get on the ball" with the discussions and negotiations for local incentives. Commissioner Streefland responded that it was a good opportunity to get together on such an important issue. He expressed sympathy for some of the frustrations that the city may have experienced, but indicated that the county may not always have all of the answers either. He felt that the highest level of communication must be maintained between the city and the county. He indicated that the city's recommendations seemed to be reasonable and it was time to move forward with these issues and keep the project moving. Commissioner Maher stated that he detected some level of dissatisfaction by the city on the information and communication on the project. He felt it was important to review and negotiate the city's "wish list" of incentives. He also sympathized with the city's expressed concerns on environmental issues noting that he shared them and was frustrated because issues and attitudes seem to change day to day. He suggested that the county and the city join together to promote the best environmental conditions for this proposed facility. Commissioner Streefland asked whether a basic informational meeting for city officials on this project would be helpful at this time. Mayor Hoke indicated that such a presentation would be most helpful for this "new" city council but to remember that the thrust of his presentation was to encourage all levels of communication on this project between the city and the county on a continuing basis. Commissioner Streeflund concurred. County Administrator Lyle Wray suggested that a general informational meeting combined with a review of the project schedule sometime in October would be appropriate. This could occur during the time the EIS for this project was being prepared. Commissioner Loeding commented that some of these issues have been discussed before, and he would be happy to arrange any type of informational meeting the city thought it needed and would cooperate to help educate the city as well as possible. Commissioner Streeflund asked as to why the city wished to gain Port Authority status. Community Development Director Johnson stated that there are many economic development options open to a city under that authority and the city's thrust, presently, was for economic development. 2 107 108 ATTEST: Dean R. Johns Deputy Clerk ROSEMOUNT CITY PROCEDINGS SPECIAL MEETING AUGUST 30, 1988 Gary Erickson suggested that "work sessions" for clearer understanding of the project and its' technology seemed the next necessary step. Commissioner Voss suggested that tours of similar projects by city and county representatives would be a good idea. He further stated that when the Minnesota Zoo was proposed for Apple Valley several other zoos were visited by city officials to gain a better understanding of their operations and impacts on host communities. Commissioner Loeding then suggested that County Administrator Wray and City Administrator Jilk should jointly prepare framework for background informational meetings and negotiations for development of policies and positions on host community incentives. MOTION was made by Councilmember Napper and SECONDED by Councilmember Wippermann to adjourn. Motion carried. Meeting adjourned at 5:30 p.m. Respectully submit d, Administrator /Cl P k of Rosemount Published this day of 1 1988 in the DAKOTA COUNTY TRIBUNE. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 6, 1988, at 7:30 p.m. in the council chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. 109 Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 8(c) Bomb Squad Discussion and Item 8(b) Citizen Advisory Committee /Town Meeting. City Engineer Rich Hefti requested Council authorization to purchase a Rosco VibraStat III, Vibratory Roll, in the amount of $11,651.00. The city engineer advised that only $5,000.00 was budgeted and proposed that $6,000.00 be used for what was budgeted for the mezzanine in the maintenance garage, and the remaining $651.00 be taken from the utility budget. Hefti noted the maintenance storage bay mezzanine has been postponed since the 1989 budget is proposing to move the office and lunchroom to the south bay of the public works garage. See Clerk's File 1988 -25. Council concurred Item 4(e) Adopt Resolution to Receive Feasibility Report /Set Public hearing for Chippendale Avenue Improvements be tabled since they received the feasibility report shortly before the meeting. MOTION by Walsh to table Consent Agenda Item 4(e) to the September 20, 1988 Council meeting. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to approve the Consent Agenda with the exception of Item 4(e). SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. See Clerk's File 1988 -25. City Administrator Stephan Jilk presented a resolution for Council to adopt approving the transfer of ownership from Metro Cable to Star Cable, Inc. since Star Cable, Inc. did not provide a letter of acceptance to the city within 90 days as provided in the resolution adopted by Council on May 17, 1988. Since the new cable company did not comply within the 90 days, Jilk advised the company is operating without a franchise in the city. The proposed resolution would extend the acceptance period by 20 days. See Clerk's File 1988 -25. Councilmember Walsh, as Chairman of the Cable Commission, expressed his dissatisfaction that the city was not notified of the recent rate increase for service by the cable company. Walsh proposed that city staff investigate renegotiating the franchise or buying the franchise. Richard Penkert, regional manager for Star Cable, was present at the meeting and 110 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 1988 accepted an invitation from Walsh to attend the next Cable Commission meeting. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Hoke opened the public hearing to consider the proposed assessments for City Project 167, West Ridge 2nd Addition Street and Utility Improvements. The administrator /clerk had in his presence the Affidavit of Publication and affidavit of Posted and Mailed Hearing Notice. See Clerk's File 1988 -25. City Engineer Hefti presented a brief presentation on the project, project costs and assessments for the project. There were no objections heard from the audience. MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Walsh to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, WEST RIDGE 2ND ADDITION STREET AND UTILITY IMPROVEMENTS, PROJECT NO. 167. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke opened the public hearing to consider the proposed assessments for Project No. 175, O'Leary's Hills 3rd Addition Street and Utility Improvements. The administrator /clerk had in his presence the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -25. City Engineer Hefti presented a brief description of the project, project costs and proposed assessments for the project. There were no objections received from the audience. MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, O'LEARY'S HILLS 3RD ADDITION STREET AND UTILITY IMPROVEMENTS, PROJECT NO. 175. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Regular agenda discussion resumed at this time. Council concurred the city should take advantage of this opportunity to determine whether renegotiation of the cable franchise would be a viable alternative. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 1988 MOTION by Wippermann to table discussion on the cable franchise to the September 20, 1988 council meeting to allow the Cable Commission an opportunity to meet with Richard Penkert and to allow staff and the city attorney further study. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. 111 City Engineer Hefti presented for authorization turnback agreements for County State Aid Highway 42 (Emery Avenue) and County Road 38 between 125th Street and TH 3. As directed by Council several months ago, Hefti advised he requested that the County upgrade the segment of Emery Avenue south of County Road 42 in exchange for restoring Emery Avenue between County Road 38 and the new alignment of county Road 42. Since the County has agreed to apply the fall chloride treatment to the south segment of County Road 42, Hefti recommended that Council approve the agreement. Council concurred staff should begin discussions with the property owners on the northern segment of Emery for possible turnback of the road to the owners. The city engineer further advised the County has placed more gravel on County Road 38 between 125th Street and TH 3 and will also improve the drainage in several key areas of the road. See Clerk's File 1988 -25. MOTION by Walsh to approve and authorize the necessary signatures on the Amendment To: Agreement for Highway Design and Construction, County Project No. 42 -10, and Agreement for Revocation of County Road regarding County Road 38. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk presented for adoption the 1989 Operating Budget and 1989 -1993 Capital Improvement Plan budget. The administrator outlined the revisions made from the first draft presented to Council at a special meeting on August 23, 1988. See Clerk's File 1988 -25. MOTION by Walsh to adopt A RESOLUTION APPROVING THE 1989 OPERATING BUDGET, THE 1989 -1993 CIP BUDGET AND THE 1989 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Council reviewed the administrator's memorandum of September 1, 1988 regarding a request from School District 196 for the city to assist in funding the senior citizen center. The administrator advised that for the past five years the city has funded $6,000 a year to pay for the construction of the senior center activity room. The last payment for that was 1988, and the request for further funding would be the same amount so no increase would occur. See Clerk's File 1988 -25. MOTION by Hoke that the City of Rosemount approve the funding of the senior citizen programs in the amount of $6,000 a year to be disbursed from 1989 council designated funds. SECOND by 112 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 1988 Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke addressed the recent accident on County Road 42 and Canada Avenue and advised that city staff, councilmembers, and Planning Commissioner Ron Jacobson have done background studies of this issue from which many different options have been proposed. Mayor Hoke proposed the question to the councilmembers as to whether pedestrian access to the commercial district should be restricted. The mayor further posed to Council whether the relationship of the city's residential area is so unique to the commercial district as to make it very difficult not to provide access for pedestrian traffic. Discussion followed regarding construction of a pedestrian bridge and that the city should request cost figures for the bridge from the County. Concerns were expressed regarding safety in winter months, bicyclists using the bridge and enforcement of pedestrians only using the bridge as an access means to the commercial area. Council discussed the pros and cons of constructing a fence from TH 3 to Chippendale Avenue and the possible elimination of the existing blacktop trail providing access to County Road 42. A suggestion was made to reduce speed limits on CR 42 and to install traffic signals to allow safer pedestrian access to the commercial district. Administrator Jilk advised the County is conducting an in -depth study of this intersection, and the city will be provided with the results to allow staff to review and make recommendation. Council agreed that staff be directed to further study this issue and to make recommendations as to the pros and cons of vehicular versus pedestrian traffic to the commercial area and to look at all the options and possible repercussions. City Engineer Hefti advised the city recently received a letter from an attorney representing the First Baptist Church of Rosemount stating the church does not agree to the city appraisals for utility and drainage easements within the church property; and therefore requested that the city initiate eminent domain proceedings. The city engineer recommended that Council adopt the resolution authorizing condemnation proceedings for utility and drainage easements. See Clerk's File 1988 -25. MOTION by Napper to adopt A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR UTILITIES AND DRAINAGE EASEMENTS OVER FIRST BAPTIST CHURCH PROPERTY. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Mayor Hoke referred to a recent article in the "St. Paul Pioneer Press and Dispatch" regarding the Minneapolis Bomb Squad site on University of Minnesota property in Rosemount. Mayor Hoke advised the article made reference to several ongoing construction projects, and expressed his dissatisfaction of the officials at this site continuing to not inform the city of any expansion and construction projects. Mayor Hoke felt lack of communication from the Minneapolis Bomb Squad officials and the university allows no control, benefit or input by the city. Mayor Hoke suggested that 4 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 1988 113 the city initiate a process to close the bomb squad site. Following further discussion, Council agreed a letter should be forwarded to the university requesting university officials to close down the bomb squad site. Following discussion on how the city can have control or jurisdiction over sites located on the university property, it was the consensus of the Council to consider annexation of the University of Minnesota property in its entirety. Council directed staff to research annexation procedures and the legal requirements. See Clerk's File 1988 -25. MOTION by Hoke to request that the University of Minnesota break the lease with the Minneapolis Bomb Squad and to have the operation cease. SECOND by Mapper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke provided an update of the joint meeting between the City Council and the County Board of Commissioners regarding the resource recovery project. Mayor Hoke proposed that tours be set up to tour existing resource recovery facilities and to meet with city officials to gain more insight and become more acquainted with all the issues concerning waste energy facilities. The administrator was instructed to contact city administrators and officials of Red Wing, Rochester, Winona and LaCrosse, Wisconsin, where present facilities exist. Mayor Hoke updated council on the membership and first meeting of the Citizen Advisory Committee. The mayor advised the Town Meeting will be held on October 11, 1988 at Rosemount High School. The administrator advised the Minnesota Pollution control Agency will be conducting a meeting on September 8, 1988, at 10:00 a.m. at City Hall regarding the PCB cleanup on the University of Minnesota property. Administrator Jilk advised this meeting was requested as a follow up to a meeting on June 23, 1988 where participants of the meeting requested that the MPCA provide in greater detail the process to be involved in the cleanup plan. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. 5 Respectfully submitted, Su an M. Johnson, Deputy Clerk 114 ATTEST: Stephan Jilk, A inistrator /Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 1988 Published this `day of o2/ ifl 4 1988, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 20, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with members Walsh, Wippermann and Napper present. Councilmember Oxborough was absent. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to delete Item 4(a) Approval of Minutes of August 30, 1988 Special Council Meeting; Item 13(i) O'Leary's Hills 4th Addition Final Plat, Item 13(j) Approval of Plans for CR42 Bike Path; and add Item 13(i) Canada Avenue /CR42 Intersection Discussion. MOTION by Walsh to approve the Consent Agenda with the exception of Item 4(a) which was deleted from the agenda. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. See Clerk's File 1988 -27. Jerry Shannon of Springsted, Inc. presented for Council consideration the bids for the sale of $2,750,000 General Improvement Bonds, Series 1988B for the city. The fiscal recommended accepting the bid and awarding the bond sale Bosworth Incorporated at a price of $2,722,500.00, a net $1,015,566.67 and an interest rate of 6.71819%. The administrator /clerk had in his presence the Affidavit of Publication. See Clerk's file 1988 -27. MOTION by Walsh to adopt a RESOLUTION ACCEPTING BID ON SALE OF $2,750,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1988B, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. SECOND by Wippermann. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. Council discussed the feasibility report for Chippendale Avenue Improvements, Project 191 for the construction and upgrading of 0.9 mile section of Chippendale Avenue from 160th Street to 151st Street. City Engineer Rich Hefti advised this project is being proposed at this time since the Minnesota Department of Obligation consultant to Dain interest of ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1988 115 Transportation (MnDOT) will be reconstructing TH3 between Canada Avenue and 160th Street and will be designating Chippendale Avenue as a detour route. Hefti advised traffic levels will increase 5,000 -6,000 trips a day, and the present gravel surface would not withstand the additional traffic. Since MnDOT is designating this segment as a detour route, MnDot will be responsible for a portion of the projects costs. See Clerk's File 1988 -27. MOTION by Napper to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT #191, CHIPPENDALE AVENUE STREET IMPROVEMENTS, AND CALLING FOR A PUBLIC HEARING TO CONSIDER THE PROJECT. SECOND by Walsh. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk reported on the attendance by the Regional Manager of Star Cable, Inc., Richard Penkert, at the September 12, 1988 Cable Commission meeting, advising that the commission discussed with Penkert their concerns regarding the current franchise and the need to renegotiate certain parts of the franchise. The Cable Commission recommended an agreement be adopted by the City Council granting a three month franchise to allow the commission and the cable company time to resolve outstanding issues. The administrator advised the agreement has been signed by Penkert. See Clerk's File 1988- 27 MOTION by Walsh to authorize the necessary signatures on the agreement between the city and Star Mid America IV, Inc. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: O. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Hoke opened the public hearing to consider street and utility improvements for Shannon Hills, City Project 190. The administrator /clerk had in his presence the Affidavit of Publication and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1987 -27. Consulting Engineer Steve Campbell reviewed the proposed street and light, watermain, drainage and storm sewer construction at an estimated total cost of $175,000. City Engineer Hefti advised the project is the result of a 100% petition. Hefti further reviewed the proposed assessment rate of $7,000 for each of the 25 lots in the development. There were no objections or comments heard from the audience. MOTION by Wippermann to close the public hearing. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. 2 116 EEG. AR MEETING, SEPT. 20, 1988 MOTION by Walsh to adopt A RESOLUTION FOR APPROVAL OF SHANNON HILLS UTILITY AND STREET IMPROVEMENTS, CITY PROJECT 190. SECOND by Hoke. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. MOTION by Walsh to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATION OF SHANNON HILLS UTILITY AND STREET IMPROVEMENTS, CITY PROJECT 190. SECOND by Wippermann. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke opened the public hearing scheduled at this time to consider a rezoning from Agriculture to R -1 Single Family Residential of the proposed O'Leary's Hills Fourth Addition. The administrator /clerk had in his presence the Affidavit of Mailed and Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1988 -27. Community Development Director Dean Johnson reviewed the plat consisting of 31 single family lots located one -half mile south of County Road 42 and contiguous to Shannon Parkway. Johnson recommended that no action be taken on the petition to rezone until the terms and conditions of the development contract are satisfied. There were no comments or questions received from the audience. MOTION by Napper to close the public hearing. SECOND by Walsh. Ayes: Mapper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke opened the public hearing scheduled for this time to consider the Limerick Way preliminary plat and rezoning from Agriculture to RM Residential Multiple. The administrator /clerk had in his presence the Affidavit of Posted and Mailed Hearing Notice and the Affidavit of Publication. See Clerk's File 1988 -27. Community Development Director Johnson advised the proposed plat consists of 32 units of rental townhomes situated on three acres immediately south of Shannon Park Townhouses abutting Shannon Parkway. Johnson advised the site plan complies with zoning ordinance requirements and the petition to rezone is consistent with abutting development and appropriate Comprehensive Guide Plan designation. See Clerk's File 1988 -27. Councilmember Wippermann commented on his opposition to the garage and parking design of the Shannon Park Townhouses. Wippermann felt the current townhomes are designed so when entering the complex an "alley affect" is perceived. Councilmember Wippermann stated he was not opposed to multiple family housing but felt the first townhome project did not present a good image and did not see any better impression with the Limerick Way project. Developer William Jacobson advised the Limerick Way project is a step up in quality from the Shannon Park Townhouses and stated the parking and garage design would keep resident parking away from the street. No comments or opposition were heard from the audience. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1988 No comments or opposition were heard from the audience. MOTION by Walsh to close the public hearing. SECOND Hoke. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. MOTION by Walsh to adopt A RESOLUTION APPROVING THE LIMERICK WAY PRELIMINARY PLAT. SECOND by Hoke. Ayes: Hoke, Napper, Walsh. Nays: Wippermann. Motion carried. MOTION by Walsh to adopt AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 ZONING ORDINANCE. SECOND by Napper. Ayes: Napper, Walsh, Hoke. Nays: Wippermann. Motion failed. Councilmember Wippermann stated his negative vote was cast because of the impression and appearance of the parking arrangements and his hope that something could be done to improve the image of this development. A resident asked whether the speed limit on Shannon Parkway could be reduced to 30 MPH. The city engineer advised the city has requested that MnDOT perform a speed study, but the results have not been received by the city. MOTION by Napper to close the public hearing. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. 117 Mayor Hoke opened the public hearing scheduled at this time to consider street and utility improvements for Shannon Parkway /Connemara Trail. The administrator /clerk had in his presence the Affidavit of Mailed and Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1988 -26. City Engineer Rich Hefti advised the project is the result of receiving a petition from the developer of Country Hills Addition requesting construction of a segment of Shannon Parkway from Dearborn Path to approximately one -half mile north, and a segment of Connemara Trail located approximately one fourth mile east of Diamond Path to just east of Country Hills 3rd Addition into the future phase of Shannon Hills development. Hefti advised the developer, U.S. Homes, will be installing the utilities within Shannon Parkway directly north of Connemara Trail as well as the remaining portion of the proposed Country Hills 3rd Addition under private contract. Consulting Engineer Steve Campbell reviewed the sanitary sewer, watermain, drainage, streets and street lighting and the cost estimates for each. City Engineer Rich Hefti advised the total estimated cost of the project would be recovered through special assessments, obtained from the water and sanitary sewer core facility funds and from the MSA fund. Hefti also reviewed the proposed assessment rate based on a residential equivalent. 118 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1988 MOTION by Walsh to adopt A RESOLUTION FOR APPROVAL OF SHANNON PARKWAY /CONNEMARA TRAIL UTILITY AND STREET IMPROVEMENTS, CITY PROJECT 189. SECOND by Hoke. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. MOTION by Walsh to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS OF SHANNON PARKWAY /CONNEMARA TRAIL UTILITY AND STREET IMPROVEMENTS, CITY PROJECT 189. SECOND by Napper. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke opened the public hearing scheduled for this time to consider the proposed amendments to the city's zoning ordinance affecting Section 1, Subd. 1.3; and Section 7, Subd. 7.2.1 and the addition of Section 23 to the ordinance. The administrator /clerk had in his presence the Affidavit of Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1988- 27 Councilmember Napper recommended that the public hearing be postponed to allow the entire proposed amendments to the zoning ordinance be included in the public notice. Napper stated that although Council previously approved the abbreviated summary of the public notice, he felt that the general public would not understand the full reason for the public hearing. It was noted that were no residents present in the audience regarding this public hearing. MOTION by Napper to close the public hearing. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Napper to set a public hearing for Tuesday, October 18, 1988, at 8:00 p.m., or as soon thereafter as possible, to consider zoning amendments to Section 1, Subd. 1.3; Section 7, Subd. 7.2.1; and the addition of Section 23 to the ordinance. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. Mayor Hoke opened the public hearing scheduled for this time to consider certain proposed amendments to the city's subdivision ordinance concerning park dedication and pedestrian ways and trails. The administrator /clerk had in his presence the Affidavit of Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1988- 27 Community Development Director Dean Johnson advised the proposed amendment will delete the requirement, adopted by Council in December, 1987, for dedication or contribution at the time of the building permit issuance in all developments where a subdivision has not occurred or a dedication has not been made in the past. Johnson advised the city attorney has rendered the amendment inconsistent with state statutory requirements. The proposed amendment also included a new definition for "subdivision" which also better complies with state statutes. See Clerk's File 1988 -27. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1988 119 MOTION by Walsh to close the public hearing. SECOND by Napper. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. MOTION by Walsh to adopt AN ORDINANCE AMENDING ORDINANCE N0. XVII.4 SUBDIVISION ORDINANCE. SECOND by Hoke. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke opened the public hearing scheduled for this time to consider the proposed assessments for Shannon Parkway Street Improvements of 1987, City Project No. 168 and 171. The administrator /clerk had in his presence the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1988 -27. City Engineer Rich Hefti provided a brief background on the project and reviewed the proposed assessment area. Several residents in the audience opposed to the assessment roll based on their not using Shannon Parkway as their primary road to the downtown area. Residents on Cornell Court and Cornell Trail voiced their objections to the assessments since the west segment of Cornell Trail was not constructed to Shannon Parkway. Developer Steve Broback requested consideration from the city regarding deferment for assessment against the proposed outlot he would dedicate to the city subsequent to the final plat being recorded. The developer asked that the plat for O'Leary's Hills Fourth Addition be recorded with the county prior to the city certifying the assessments for this development. City staff advised Mr. Broback that assessments would be adjusted crediting the developer for the dedication of the outlot. MOTION by Wippermann to close the public hearing. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Napper to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL SHANNON PARKWAY STREET IMPROVEMENTS, PROJECT NO. 168 AND 171. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. A ten minute recess was called with the meeting continuing at 10:10 p.m. Council reviewed the Joint Powers Agreement between the city and the county to implement a household hazardous waste collection program on October 1, 1988. The collection site will be located at the Rosemount Public Works Facility. See Clerk's File 1988 -27. MOTION by Wippermann to approve the Joint Powers Agreement between Dakota County and the city for the household hazardous waste program. SECOND by Napper. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. 120 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1988 City Engineer Rich Hefti recommended postponement of the bid opening for O'Leary's Hills 4th Addition since the developer was not able to meet the terms and conditions of the development contract. See Clerk's File 1988 -26. MOTION by Walsh to postpone the bid opening until the developer has met the terms and conditions of the development contract. SECOND by Napper. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. City Engineer Rich Hefti presented the bids received on September 16, 1988, at 11:00 a.m. for the construction of Lift Station #5. Hefti recommended acceptance of the bids and award the contract to the lowest responsible bidder, Orr Construction, in the amount of $89,200.00. Councilmember Wippermann questioned whether the sizing of the lift station included the parcel known as the "Birger Farm" and property just north of this area. Hefti advised the original feasibility report proposed that the lift station cover the Birger Farm" area. MOTION by Walsh to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON LIFT STATION #5 (COUNTRY HILLS 3RD ADDITION) CITY PROJECT NO. 192. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk advised he and City Attorney David Grannis met with Dakota County Technical Institute officials to complete the sale of the old city hall property. Jilk reviewed the items that needed clarification in order to complete the sale and presented an Addendum to the Purchase Agreement listing those items. Councilmember Walsh questioned whether an easement was provided for the gas line which runs adjacent to the property. Superintendent Don McGuire assured Council that a future easement would be granted if necessary. Superintendent Don McGuire and Business Manager Ray Jesh presented the city with a check for the final balance due on the sale of the old city hall. See Clerk's File 1988 -26. MOTION by Napper to approve the Addendum to the Purchase Agreement and authorize the necessary signatures to the Addendum and the Warranty Deed for the sale of the old city hall to the Dakota County Technical Institute. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. Administrator Stephan Jilk led discussion regarding the Council's directive to tour resource recovery facilities in the immediate area. The administrator advised the vendor for the county resource recovery facility, Combustion Engineering, does not have a facility in the United States similar to the one proposed to be built in Rosemount but are willing to schedule tours of their facilities in Germany and Italy. It was the general consensus of the council that it would be beneficial to view facilities similar in size, same urban setting, in operation for a substantial amount of time and owned by Combustion Engineering. Council directed staff to advise the county of the city's interest for such a tour, to determine if county officials would be interested in such a tour and to discuss with county staff the financial obligations of the city, county and vendor regarding the tour. See Clerk's File 1988 -27. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1988 121 City Administrator Stephan Jilk requested Council approval for the city to offer to its employees a benefit plan allowed under Section 125 of the Federal Internal Revenue Code which would permit employees to deduct from the gross wages costs for health insurance, health and dental care and child care. Jilk advised the initial cost to the city for the program would be approximately $950.00 and a yearly cost of approximately $810.00. See Clerk's File 1988 -26. MOTION by Napper to authorize the city staff to proceed with the employee benefit plan as outlined in the administrator's memorandum dated September 15, 1988. SECOND by Hoke. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. Administrator Stephan Jilk reviewed his memorandum dated September 16, 1988 regarding his recommendations to expand and coordinate an economic development program through proceeding to gain the status as a port authority, to hire an economic development specialist, and to assign the city administrator the responsibility of HRA executive director or port authority director. Jilk further recommended that these proposals be presented for discussion at a special joint meeting between the HRA Board and city council. See Clerk's File 1988 -26. MOTION by Hoke to concur with the recommendations of the city administrator to expand and coordinate economic development and to direct city staff to implement the recommendations set out in the administrator's memorandum dated September 16, 1988. SECOND by Wippermann. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. MOTION by Napper to set a special meeting between the Rosemount HRA and City Council on October 4, 1988 at a time to be determined by city staff. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. Community Development Director Dean Johnson presented a request on behalf of the Matilda Swanson Estate to divide two ten -acre parcels from a 77 -acre parcel of property located at the intersection of Akron Avenue and 135th Street. Johnson advised the property is zoned Agriculture, and the proposed divisions meet minimum ordinance requirements. See Clerk's File 1988 -27. MOTION by Wippermann to adopt A RESOLUTION APPROVING DIVISIONS OF PROPERTY BY METES AND BOUNDS DESCRIPTIONS. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. MOTION by Hoke to approve the Agreement between the City of Coates and the City of Rosemount regarding Rosemount providing a building inspector to Coates for the period of September 1, 1988 through August 31, 1988. SECOND by Walsh. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. See Clerk's File 1988 -27. 122 MOTION by Walsh to set a public hearing for October 18, 1988, at 8:00 p.m., or as soon thereafter as possible, at City Hall, to consider the petition for vacation of utility easement of Lot 12, Block 3, Broback Fifth Addition. SECOND by Hoke. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. See Clerk's File 1988 -27. City Administrator Jilk presented the final draft of the proposed comparable worth plan and implementation proposal. Jilk noted that except for the format, the information is identical to that discussed in executive sessions by the Council. The administrator anticipated the appeals process for employees would be available to Council at the October 4, 1988 meeting. See Clerk's File 1988 -27. MOTION by Wippermann to adopt the comparable worth plan for the City of Rosemount as outlined and presented in the administrator's memorandum dated September 20, 1988. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. Discussion was held by Council regarding the recent accident at the intersection of County Road 42 and Canada Avenue with Council concurring staff should continue their research for obtaining an immediate solution as opposed to the long range study in which the county is seeking a solution. Mayor Hoke advised Decisions Resources will be at the October 4, 1988 Council meeting to present their proposal regarding the citizens attitude survey this fall. Mayor Hoke reported the citizens advisory committee met last week for the first time and presented some real concerns and suggestions for the future of Rosemount. This committee will participate at the October 11 Town Meeting. Administrator Steve Jilk provided a brief update regarding the meeting the MPCA held concerning the PCB cleanup at the University of Minnesota Research Center. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. Respectfully submit d, Depu us�a M. Jo�i4 Deputy Clerk ATTES Stephan J lk, Adm Tribune. /istrator /Clerk Published this /3 day of (9e2016.0.} ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 1988 1988 in Dakota County ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 1988 123 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, October 4, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann and Oxborough present. Councilmember Napper was absent. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to add Item 10(a) Empire Township /Rosemount Joint Meeting; Item 11(b) Bomb Squad Permitting Update and 11(c) County Composting Facility. Mayor Hoke called for an Executive Session to immediately follow the regular agenda to discuss pending litigation. Representatives of Oxbow Corporation and Biosyn Chemical Corporation provided a general explanation of their proposal for the development of an electricity generating power plant to be located in the eastern part of Rosemount on a site abutting Highway 55. Brian Chatlosh, Manager of Planning and Development for Oxbow Corporation advised the project will use a natural gas -fired combustion turbine to produce electricity for sale to Northern States Power Company and for steam for use in a carbon dioxide recovery and processing plant which will be constructed adjacent to the electric generation facilities. Oxbow representatives further advised approximately 55 MegaWatts of electric power will be sold to NSP to serve approximately 50,000 homes. See Clerk's File 1988 -28. Community Development Director Dean Johnson informed Council the county has approved a funding program to allow the city to participate in a city -wide recycling program rather than a pilot recycling program which had previously been reviewed and approved by Council for city participation. Johnson advised the county landfill abatement program would allow the entire urban area of the city to be involved in the recycling program and possibly the northwest area and /or all the rural areas of the city. Johnson reviewed the funding application form and advised a final form will be presented to Council for approval at the next regular meeting. See Clerk's File 1988- 28 The community development director reported on the success of the household hazardous waste program held in Rosemount on October 1, 1988 at the public works facilities. Mayor Hoke thanked Dean Johnson and staff for their well run program and requested that letters of appreciation be sent to Koch Refinery, Pine Bend Sanitation Landfill, Knutson Rubbish, Dakota County officials and staff and local restaurants which furnished food and drinks for the volunteers. 124 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 1988 Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Hoke opened the public hearing to consider the proposed assessments for County Road 42 East Improvements, City Project No. 164. The administrator /clerk had in his presence the Affidavit of Mailed and Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1988 -28. City Engineer Rich Hefti displayed an overview of the project describing the realignment of County Road 42 and 38 and the proposed assessment area. Hefti stated that because County Road 38 is situated one -half mile north of CSAH 42, that the assessment district be extended one quarter mile on either side of CSAH 42 which would allow assessments to be based upon benefit to the particular road being improved and would prevent double assessments from occurring. Hefti further stated that city staff is proposing that Council consider a deferment option for parcels located south of CSAH 42 in the "back 40" since there is no apparent benefit to these parcels unless a new public road was constructed for access purposes. Community Development Director Dean Johnson advised the city's comprehensive guide plan discourages new public roads for residential purposes in commercial and agricultural areas. Johnson advised that if the four ten -acre parcels were deferred for ten years, the number of years proposed for paying the assessments, approximately $27,500 would not be assessed at this time. Marlin Rechtzigel, 14727 Clayton Avenue East, objected to the assessment against his property located on the southeast corner of CSAH42 and TH55. Rechtzigel stated he has received a verbal commitment from the Minnesota Department of Transportation for access onto TH55; and therefore felt access benefits did not exist for this particular parcel. City staff invited Mr. Rechtzigel to meet with them concerning his objection. Residents in the audience expressed concerns regarding the safety of the hiking and biking trails on County Road 42 and County Road 38 advising motorists use these trails as passing lanes. City Engineer Hefti advised he will contact the County to determine whether signs can be placed to inform motorists the lanes are for hiking and biking trails. The administrator /clerk advised Council of the written objections received from Melvin G. Astleford and Rich T. Burger regarding the proposed assessments against their properties. See Clerk's File 1988 -28. MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 1988 MOTION by Walsh to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL COUNTY ROAD 42 EAST IMPROVEMENTS, PROJECT NO. 164. SECOND by Wippermann. Discussion was held regarding the proposed deferred assessment policy for the "back 40" parcels with Council agreeing the city should defer those specific parcels. City Attorney Grannis discussed with Council the recommended format of the deferment agreement. Councilmember Walsh withdrew his original motion, and Councilmember Wippermann withdrew his second to the motion. MOTION by Walsh to table action to the October 18, 1988 regular council meeting to allow the resolution to be redrafted to include reference to the deferment option and to allow the city attorney to draft a deferment agreement for Council review and approval. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Walsh. Nays: O. City Engineer Rich Hefti recommended that the public hearing to consider the Shannon Parkway excess right -of -way vacation be reset to October 18, 1988, at 8:00 p.m., or as soon thereafter as possible, since the public notice was not sent out in time to meet legal requirements. See Clerk's File 1988 -28. MOTION by Wippermann to approve the Consent Agenda with the amended page 8 of the September 20, 1988 minutes. SECOND by Walsh. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: 0. See Clerk's File 1988 -28. 125 William Morris and Diane Traxler from Decision Resources, Ltd. reviewed with Council their proposal to conduct a citizens attitude survey. Mr. Morris reviewed the goals of the survey, the design and schedule which would consist of surveying 400 randomly selected households, and the projects costs. See Clerk's File 1988 -28. MOTION by Wippermann to approve the Decision Resources, Ltd. survey research proposal as presented. SECOND by Oxborough. Ayes: Oxborough, Walsh, Wippermann, Hoke. Nays: 0. Independent School District 196 School Board Member Margaret Gohman presented information regarding the upcoming school bond referendum. See Clerk's File 1988 -28. Wayne Dahmes, 12556 Danbury Way, presented a petition to Council signed by approximately eighty residents, requesting that the school district re- examine the selection of the Mullery property in northwest Rosemount as a site for a proposed school location and that the City Council request that the 196 School Board re- evaluate this site selection. Other residents from this area presented concerns regarding 3 126 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 1988 environmental issues and excavation costs. See Clerk's File 1988- 28. School Board Member Gohman advised council and the residents that the concerns of the residents have been well taken by the school board and that the school district is in the process of looking at other sites. MOTION by Wippermann to direct the city administrator to formally communicate in writing to the School Board of Independent School District 196 informing them that a significant number of residents have expressed concern over the use of the Mullery property as a school site, and that the concerns expressed raised some valid and logical questions about the appropriateness of the site and that the City Council requests that the School Board re- examine the appropriateness of the Mullery site and consider additional sites and that the City Council further encourages that the school district staff communicate with city staff to discuss possible additional sites. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Councilmember Wippermann advised he has met with the developer of Limerick Way, Bill Jacobson, and his partner who have agreed to several modifications in site plan regarding his concerns on the overall image of the townhome project. Wippermann advised the modifications involved not extending the garages beyond the living units, eliminating parking spaces between the garages and Shannon Parkway and additional brick on the exterior of the units. MOTION by Wippermann to reconsider the rezoning of Limerick Way. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Walsh. Nays: 0. MOTION by Oxborough to adopt ORDINANCE NO. XWII.87, AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 ZONING ORDINANCE. SECOND by Wippermann. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: 0. Mayor Hoke acknowledged receipt of a letter from ISD 196 Community Education Director JoAnne Ellison thanking the city council for their support and funding of the senior citizen program. Councilmember Walsh recommended that the second joint meeting between Empire Township Board and the City Council be scheduled for sometime in November, 1988. Council unanimously agreed with this recommendation. City Administrator Stephan Jilk reported on his attendance of the MSP Adequacy Task Force on September 29, 1988 when the consultants' final report on the adequacy study and the decision strategy for compiling a final report to the Metropolitan Council were discussed. The administrator summarized that the final report will predict that the present Minneapolis /St. Paul Airport will not be adequate in 20 years; that the present airport should be expanded and efforts to land bank for a new airport should begin immediately. Jilk advised 4 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 1988 127 the final report will be presented to the Metropolitan Council sometime in December, 1988 and also presented to local officials during the period between mid October and mid December. See Clerk's File 1988 -28. City Administrator Jilk discussed with Council the permitting process involving the bomb squad facility located on University of Minnesota property in Rosemount. Jilk advised Council that after meeting with Building Official Ron Wasmund, that the bomb squad officials had in fact never been given permit applications by city staff to complete the permitting process for development on the bomb squad site. The administrator further advised that as of this date the permits have been completed by Officer Dave Estenson of the bomb squad facility and have been received by the city. Jilk concluded that he felt the bomb squad officials have demonstrated their commitment to cooperate with the city in keeping the city informed of activities at the bomb squad site. Because of this cooperation and the fact that legally a permit and associated fees are not required, the administrator recommended that the permit fees for the recent development at the bomb squad site be based on out -of- pocket expenses only for completion of the work at the site. Council unanimously agreed with this recommendation. Council discussed the invitation received from the Minneapolis and St. Paul Police Bomb Squad to attend a dedication ceremony of the development of an explosive storage and training yard on October 25, 1988. Council referred to the explosive demonstrations and bomb handling robots to be demonstrated on that day. Council restated the total lack of control over such activities and other activities that take place on the University of Minnesota property. Following further discussion, Council directed the city administrator to send letters to the appropriate officials that the city does not condone or promote the activities of the bomb squad facility. See Clerk's File 1988 -28. Community Development Director Dean Johnson advised that the Dakota County Board of Commissioners approved a temporary composting facility on Rich Valley Boulevard contingent upon the city issuing the permits for such a facility. Council unanimously agreed that action for such a facility would not be appropriate since they just learned of this information. Mayor Hoke reminded Council of the Business Forum to be held in the Council Chambers on October 11, 1988 and the Town Meeting to be held on the same date at the Rosemount High School Student Center. MOTION by Hoke to recess to Executive Session to discuss pending litigation with the city. SECOND by Walsh. Ayes: 4. Nays: 0. 5 128 ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 1988 The regular meeting of the City Council reconvened at 11:30 p.m. MOTION by Walsh to authorize a settlement payment of $10,000 to Dakota Central. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke. Nays: Oxborough. MOTION by Wippermann to offer the reduction of up to two assessment units assessed to Ruby Waldo as a settlement regarding County Road 42 construction project. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. Respectfully submitted, Susan M. Johnson, Deputy Clerk Stephan Jilk, Administrator/Clerk Published this 4.1Y* day of i 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS EXECUTIVE SESSION OCTOBER 4, 1988 Pursuant to due call and notice thereof an Executive Session of the City Council of the City of Rosemount was duly held on Tuesday, October 4, 1988, at 11:00 p.m. in the Council Lounge of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann and Oxborough present. Councilmember Napper was absent. Council discussed with City Attorney David Grannis pending litigation with Dakota Central and Ruby Waldo. MOTION by Walsh to adjourn. SECOND by Hoke. Ayes: 4. Nays: 0. Respec ull sub tted, usan M. J on, Deputy Clerk Stephan Jilk, Administrator /Clerk Published this 017 day of Q ttolani 1988 in Dakota County Tribune. 1 1 ROSEMOUNT CITY PROCEEDINGS 129 REGULAR MEETING OCTOBER 18, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, October 18, 1988, at 8:00 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to delete Item 6(m) Payment for High School Irrigation Project and to include Item 8(e) Publication of Council Meeting Agenda and Item 9(c) Wakota Care Disaster Drill. The administrator requested that an Executive Session be held following Item (10) Administrator's Report, to discuss pending litigation and potential offering for the purchase of the property for the armory site. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Hoke opened the public hearing to consider vacation of excess right -of -way on Shannon Parkway. The administrator /clerk had in his presence an Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988 -29. City Engineer Rich Hefti advised the public hearing is the result of the petition received from LeRoy and Mary Mullikin, 4060 145th Street West, to vacate the excess right -of -way along the west side of Shannon Parkway that abuts the Evergreen Acres Addition. Hefti explained how the section line alignment discrepancy occurred several years ago when a monument marker was relocated and then the subsequent platting of Evergreen Acres Addition over to the corrected line. Council were also informed the excess would be returned to the previous owner who would then quit claim the property to the petitioners and as well as to Dennis and Irene Rebischke, 4027 Upper 145th Street West. See Clerk's File 1988 -29. There were no objections received from the audience. MOTION by Wippermann to close the public hearing. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION CAUSING EXCESS RIGHT -OF -WAY VACATION ON A PORTION OF SHANNON PARKWAY. SECOND by Oxborough. Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. 130 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 1988 Mayor Hoke opened the public hearing scheduled for this time to consider a request for vacation of the westerly 140 feet of the southerly 10 foot drainage easement on Lot 12, Block 3, Broback 5th Addition. The administrator /clerk had in his possession the Affidavit of Posted and Mailed Hearing Notice and the Affidavit of Publication. See Clerk's File 1988 -29. City Engineer Hefti recommended approval of the request from Robert Olson, 14590 Danville Avenue, to vacate the ten foot drainage and utility easement adjacent to his south property line. Hefti confirmed he has received no negative comments from the private utility companies regarding this vacation. Council heard no objections from the audience. MOTION by Walsh to close the public hearing. SECOND by Wippermann. ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Walsh to adopt A RESOLUTION CAUSING VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENT ON LOT 12, BLOCK 3, BROBACK 5TH ADDITION. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Rich Hefti requested that Council reset the public hearing for Project 191, Chippendale Avenue Improvements to November 1, 1988, at 8:00 p.m., or as soon thereafter as possible, since the publication of the legal notice did not comply with legal requirements. See Clerk's File 1988 -29. Community Development Director Dean Johnson recommended that Council not proceed with conducting a public hearing on proposed amendments to the zoning ordinance at this time as initially set by Council at the August 16, 1988 regular council meeting and reset at the September 20, 1988 regular council meeting. Johnson advised staff has receive several suggestions and comments from Council, and community business owners, who at the Business Forum expressed an interest to participate in the review of the proposed zoning ordinance. Council unanimously agreed to an informal process whereby the proposed amendments be consider as part of the overall zoning ordinance review. See Clerk's File 1988 -29. MOTION by Walsh to approve the consent agenda with the deletion of Item 6(m) Payment for High School Irrigation Project. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. See Clerk's File 1988 -29. Regarding the safety issue at the County Road 42 and Canada Avenue intersection precipitated by the recent traffic fatality, Administrator Stephan Jilk presented city staff's recommendations to remove the pedestrian walkway from Lower 150th Street to County Road 42 and to take steps to erect a fence on the area abutting County 2 1 1 ROSEMOUNT CITY PROCEEDINGS 3 I REGULAR MEETING OCTOBER 18, 1988 Road 42 to eliminate pedestrian traffic from continuing to use that access to County Road 42. It was further recommended that flyers be mailed to area residents to inform them of the change and recommend the use of Chippendale Avenue and Highway 3 for crossing to the south. Jilk advised staff has been in contact with Pete Sorenson, county traffic engineer, who conducted a study of this intersection to analyze a typical intersection for several kinds of traffic information but not to study the intersection to determine or address a safety problem. The county traffic engineer therefore was hesitant to furnish the city with a complete report of his findings and recommended that the city use their own traffic engineer to study and present findings and recommendations. The administrator further advised council that the county held off on the construction of the biketrail on County Road 42 from Highway 3 to Chippendale because of the city's concern over the proper location of the trail. Planning Commissioner Daniel Huntington urged Council to place a traffic light at the intersection as a means to allow residents to have access to the commercial area by bike or foot. Considerable discussion followed by council regarding the safety issues, pedestrian access, staff recommendations and the county traffic engineer's study. MOTION by Walsh to remove the pedestrian walkway from Lower 150th to County Road 42, to install a fence on the open area abutting County Road 42, to mail out flyers to all residents informing them of the changes, to install a no pedestrian crossing sign at the intersection, to request the county traffic engineer's study, to contract SEH to do a safety study on the various alternatives and biketrail locations and to request the county to remove the pedestrian crossing markings. Motion died for lack of a second. Following further discussion, the general consensus of Council was to direct staff to meet with the city's consulting traffic engineer on cost recommendations to conduct a study in conjunction with the county study of the intersection. Council reviewed the proposed appeals process for handling employee appeals to the comparable worth plan and the administrator's recommendation that the appeals review committee be made up of himself, the employee's department head and Councilmember Wippermann. See Clerk's File 1988 -29. MOTION by Walsh to approve the comparable worth appeals process as submitted by the city administrator. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. 3 132 A ten minutes recess was called at 10:25 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 1988 Council continued action tabled from the October 4, 1988 regular council meeting regarding adoption of the assessment roll for County Road 42 (US52 to TH55) improvements. Marlin Rechtzigel, 14727 Clayton Avenue East, restated his objection to the assessment explaining his concern that he may also be assessed for future improvements to US52. City staff advised Mr. Rechtzigel of the city policy to only assess the property owner for one road improvement project thus eliminating double assessments. Council also reviewed the proposed deferment agreement for assessments of certain parcels to be deferred to 1999. See Clerk's File 1988 -29. MOTION by Walsh to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL COUNTY ROAD 42 EAST IMPROVEMENTS, PROJECT NO. 164. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to set a special joint Council /HRA meeting for November 1, 1988, at 6:30 p.m. in the Council Chambers. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Community Development Director Dean Johnson reported on the Planning Commission's action this date to recommend approval of the Limerick Way final Plat subject to an executed subdivision development contract. See Clerk's File 1988 -29. MOTION by Walsh to adopt A RESOLUTION APPROVING THE LIMERICK WAY FINAL PLAT. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Rich Hefti recommended that Council consider deferring assessments for Project #171, Shannon Parkway Street Improvements, over land the Gergens own within the southwest quarter of the southeast quarter of Section 31. See Clerk's File 1988 -29. MOTION by Napper to approve the deferment of assessments for Project 171 over Gergen property within the southwest quarter of the southeast quarter of Section 31 and to authorize the mayor and administrator to execute a deferment agreement. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Council reviewed the proposal received from Boeckermann, Heinen Mayer to complete the financial audit for city records for the year 1988. See Clerk's File 1988 -29. MOTION by Walsh to accept the proposal from Boeckermann, Heinen Mayer to complete the 1988 financial audit and to authorize the administrator to sign the necessary documents. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. 1 1 ROSEMOUNT CITY PROCEEDINGS 133 REGULAR MEETING OCTOBER 18, 1988 Councilmember Wippermann requested that staff explore the possibility of publishing the council agenda in the "This Week" and "Countryside Councilmember Walsh also suggested that agendas be placed in the major businesses and be mailed to those people who request them. The administrator will review and respond at the next council meeting. Mayor Hoke presented discussion regarding his desire to begin identifying the principles, values and uniqueness of the community by formulating a downtown development design plan and creating an identity for the city. Mayor Hoke discussed his recent meeting with representatives of the Urban Design Center, University of Minnesota, who through a grant from Dayton Hudson Corporation, would tour the community for a two day period and then present alternatives and options as recommendations for such an identity. Councilmember Walsh, as chairman of the city HRA, advised that the HRA Board supported the idea and authorized expenditure of funds for the Urban Design Team to conduct such a study. Council concurred with this concept and supported the HRA Board's authorization to have the mayor and administrator pursue this matter. Councilmember Napper left his chair at 11:00 p.m. Mayor Hoke reported on the Rosemount Advisory Council's meeting on October 19, 1988 at which time they reviewed the results of the Town Meeting and developed focus areas for the citizen attitude survey. Mayor Hoke advised the orientation sessions with the vendors for the citizen attitude survey will be in the very near future. Councilmember Walsh reported on the Wakota Care Disaster simulation held in Cottage Grove and recommended that staff review the city's disaster plan for revisions and changes in responsibility in light of all the new city staff that has been added during the last several months. Administrator Stephan Jilk reported to Council on the city's first Business Forum held on October 11, 1988 at city hall. Jilk commented on the good representation from the business community and the informative presentations given by Dean Johnson, Ron Wasmund and Mike Wozniak at the forum. The city administrator advised council he has tentatively made arrangements for council to meet with the City Councilmembers of Winona regarding the resource recovery facility in their city. MOTION by Hoke to recess to Executive Session. SECOND by Walsh. Ayes: 4. Nays: 0. The regular meeting of the City Council reconvened at 11:45 p.m. 5 134 MOTION by Wippermann to adopt A RESOLUTION ESTABLISHING FINDINGS ON THE PROPOSED ACQUISITION OF A NATIONAL GUARD ARMORY SITE. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Walsh. Nays: 0. MOTION by Walsh to amend the offer for the purchase of property for the armory to the amount of $105,000. SECOND by Wippermann. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: 0. MOTION by Wippermann to approve the settlement in the amount of $1,571.59 and to return the contract retainage with no interest to be paid by the city to Valley Paving, Inc. SECOND by Oxborough. Ayes: Oxborough, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. Respectfully submitted, ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 1988 Deputy Clerk Stephan Jilk, Administrator /Cle rk Published this /O day of Netter in the Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS EXECUTIVE SESSION OCTOBER 18, 1988 Pursuant to due call and notice thereof an Executive Session of the City Council of the City of Rosemount was duly held on Tuesday, October 18, 1988, at 11:45 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann, and Oxborough present. Councilmember Napper was absent. City Administrator Jilk presented for Council authorization a revised purchase agreement for the acquisition of property for the armory site. The administrator recommended that the offer be increased to $105,000 from the $100,000 offer previously approved by Council. The administrator further presented a resolution for Council adoption which establishes the findings on the proposed acquisition of the armory site. The city administrator presented for discussion a proposed settlement to Valley Paving in the amount of $1,571.59. The administrator reviewed the law suit with Council and recommended that Council approve this settlement. ROSEMOUNT CITY PROCEEDINGS EXECUTIVE SESSION OCTOBER 18, 1988 MOTION by Oxborough to adjourn. SECOND by Hoke. Ayes: 4. Nays: 0. Respectfully submitted, Susan M. Johns Deputy Clerk 135 Stephan Jilk, Administrator/Clerk Published this /O )3 day of /l/ in the Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 1, 1988 Pursuant to due call and notice thereof a special meeting of the City Council and the Rosemount Housing and Redevelopment Authority of the City of Rosemount was duly held on Tuesday, November 1, 1988, at 6:30 p.in. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order. The following were present: Councilmember Walsh, Councilmember Wipperinann, Councilmember Oxborough, Councilmember Napper, HRA Board Member Jensen, HRA Board Member. Tucker, and HRA Board Member Willard. Councilmember Walsh and Mayor Hoke also respectively served in the capacity of BRA Board Chairman and HRA Board Member. Mayor Hoke led the group in the Pledge of Allegiance. Administrator Stephan Jilk presented to Council and the HRA Board the proposed changes for the administration of HRA business for the city. The primary changes will provide for the following: the executive director of the HRA will be the city administrator; the assistant executive director will be the economic development specialist; the city finance director will be responsible for all the financial functions of the HRA; the community development director will be designated interim HRA executive director and interim HRA assistant executive director should a vacancy occur for either position. See Clerk's File 1988 -30. Administrator Jilk recommended that the HRA Board authorize the funding for 50% of the cost of the economic development specialist position not to exceed $25,000 for 1989. HRA Board Member Jensen recommended that the HRA Board review the funding for this position on an annual basis. 136 Administrator Jilk reviewed the revised By -Laws of the Housing and Redevelopment Authority for the city which outlined the proposed administrative changes. Jilk recommended adoption of the By -Laws by Council and the HRA Board. See Clerk's file 1988 -30. MOTION by Hoke to approve the revised By -Laws of the Housing and Redevelopment Authority for the City of Rosemount. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: O. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 1, 1988 Respectfully submitt d, Sifsan M. J Deputy Clerk Stephan Jilk, Administrator/Clerk Published this 44 day of Akr/O►1.lJP/2� 1988, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, November 1, 1988 at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(f) Condo Project Discussion; Item 7(a) Urban Design Team; Item 8(b) Decision Resources /Citizen Advisory Committee Update. Mayor Hoke called for a closed Executive Session, to immediately follow Item (10) Announcements, to discuss the proposed armory site. City Engineer Rich Hefti presented his recommendation for Council to consider approving Change Order No. 1, City Contract 1988 -4, to extend the Chippendale bituminous walkway from 155th Street West to the north end of the Winds Crossing Park parking lot, in the amount of $6,354.50. Hefti advised $8,000 was budgeted for the project and requested that the balance of $1,645.50 be used for landscape materials along the Chippendale walkway corridor. See Clerk's File 1988 -31. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 1988 137 MOTION by Walsh to approve the consent calendar as presented. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1988 -31. City Administrator Stephan Jilk reviewed with Council a letter dated October 28, 1988 received from Glen Van Wormer, manager of the transportation engineering department for SEH, outlining his proposal to conduct a study to address the traffic and pedestrian safety concerns in the vicinity of County Road 42 and Canada Avenue. The administrator recommended that Council approve the proposal. See Clerk's File 1988 -31. MOTION by Oxborough to approve the proposal received from SEH to conduct a traffic and pedestrian study of County Road 42 and Canada Avenue. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Hoke opened the public hearing to consider Project 191, Chippendale Avenue Improvements. The administrator /clerk had in his presence the Affidavit of Mailed and Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1988 -31. City Engineer Rich Hefti described the project and requested Council's authorization to proceed with the construction and upgrading of a 0.9 mile section of Chippendale Avenue from 151st Street to 160th Street. Consulting Engineer Steve Campbell reviewed the proposed construction for the project at an estimated cost of $450,000. Hefti provided the proposed assessment rate and the total estimated assessment in the amount of $116,000. Hefti explained the city's assessment policy regarding this project. See Clerk's File 1988 -31. There were no objections received from the audience. MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Walsh to adopt A RESOLUTION FOR APPROVAL OF CHIPPENDALE AVENUE STREET IMPROVEMENTS CITY PROJECT 191. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Napper to adopt A RESOLUTION ORDERING THE PLANS AND SPECIFICATIONS FOR CHIPPENDALE AVENUE STREET IMPROVEMENTS, PROJECT 191. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. 2 138 Regular agenda discussion resumed at this time. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 1988 City Administrator Jilk reviewed with Council a letter of response from City Attorney Roger Knutson regarding his research for consideration of the annexation of certain properties owned by the University of Minnesota in Empire Township. In the city attorney's opinion, it would be nearly impossible to annex the property unless the university and Empire Township supported the action. The city attorney also advised that the city would not have control over the property as long as the university retained ownership. Following considerable discussion, Council directed staff to research other methods of getting the university to cooperate with the city in planning the use and development of their property in Rosemount. See Clerk's File 1988 -31. City Planner Mike Wozniak presented the Limerick Way Subdivision Development Contract for Council review and approval. See Clerk's File 1988 -31. MOTION by Walsh to authorize the necessary signatures on the Limerick Way Development Contract. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Administrator Jilk requested approval to publish a preliminary council agenda in the "This Week" newspaper beginning with the December 1 council meeting and to air the agenda on the public access channel at approximately the same time. Council unanimously approved this procedure. See Clerk's File 1988 -31. The administrator reminded Council of the meeting scheduled with members of the Winona City Council to discuss the Winona resource recovery project. In response to solicitation from the County regarding their submitting a recycling implementation strategy to the Metropolitan Council for approval, Community Development Director Dean Johnson recommended that the city go on record acknowledging the need for either local or county staging facilities to keep pace with the pending recycling program as temporary measures and to emphasize to the County to commit to a central materials recovery facility as a long term solution. Council agreed to this proposal. See Clerk's File 1988 -31. Community Development Director Johnson apprised Council of the recent meetings by city staff and county staff with representatives of USPCI who claim they are capable of converting 80 to 90 percent of the ash from an incinerator into aggregate pellets which could be used in road products. USPCI has also been working with Anoka and Hennepin counties for several months and will be responding to these counties' ash request for proposal next month. Johnson advised Anoka, Hennepin and Dakota County officials have been invited to tour such an ash facility in Detroit, and the cost to the city would be approximately $500 for the transportation. It was the general consensus of the Council to approve the expenditure for the tour to 3 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 1988 Detroit but not to endorse this project at this time. See Clerk's File 1988 -31. MOTION by Napper to authorize one staff person and one councilmember or two staff persons to attend the tour in Detroit of the ash facility. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Councilmember Wippermann presented his concern regarding the aesthetic appearance of the condominium project in that 40 percent of the exterior will be painted white. Community Development Director Johnson informed the Council that it was clearly the architect's intention to have the condominium blend in with the surrounding buildings and that the exterior colors were approve by the HRA as part of the planned unit development plan for the project. Councilmember Wippermann requested that staff follow through to insure that 60 percent of the exterior of the building will be painted a nonwhite color. A recess was called at 9:30 p.m. with the meeting continuing at 9:40 p.m. 139 City Planner Mike Wozniak presented the final plat for Country Hills Third Addition advising the planning commission approved the plat subject to an executed subdivision development agreement. Wozniak further advised that the developer has signed the development contract and requested approval. See Clerk's File 1988 -31. MOTION by Walsh to adopt A RESOLUTION APPROVING THE COUNTRY HILLS THIRD ADDITION FINAL PLAT. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: Wippermann. MOTION by Walsh authorizing the necessary signatures on the Country Hills Third Addition Development contract. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Hoke. Nays: Wippermann. City Planner Mike Wozniak advised Council of the petition received from Pine Bend Development Company to allow the extension of a grading permit issued by the city. The permit would expire by Fall, 1988. The applicant has 50,000 cubic yards of sand and gravel stockpiled on an 18 acre site at the intersection of County Road 42 and TH55 and has requested a two year extension to market the sand and gravel. Wozniak presented the planning commission's recommendation to approve the permit extension subject to several conditions established by the planning commission. See Clerk's File 1988 -31. Councilmember Napper voiced his concern to the planning commission's decision to allow an extension of the grading permit. Councilmember Napper felt approving the request would jeopardize the integrity of the city's permit process. Napper 4 140 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 1988 stated the permit was approved subject to the permit being limited to the County Road 42 improvement project; and even though the applicant knew that all the sand and gravel would not be used for the road construction project, the applicant continued to excavate extra material. MOTION by Napper to deny the request from Pine Bend Development Corporation for the extension of the grading permit for the property located at the intersection of County Road 42 and Emery Avenue and to inform the applicant the conditions of the grading permit approved April 19, 1988 by Council must be satisfied. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0 City Administrator Stephan Jilk reviewed with Council the recommendation received from representatives of the city's financial consultants, Springsted, Inc., to include City Project 191 in the $2,750,000 G.O. Improvement Bonds, Series 1988B. See Clerk's File 1988 -31. MOTION by Wippermann to adopt A RESOLUTION AMENDING RESOLUTION ACCEPTING BID ON SALE OF $2,750,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1988B. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Community Development Director Dean Johnson discussed with Council a letter and petition received from the Minnesota Environmental Quality Board regarding a resident petition received for an environmental assessment of the potential impacts from an elementary school constructed on the Mullery site. Johnson advised staff was recommending that the city take the entire 45 days, allowed by state law, to determine if a project for this site exists and whether an environmental assessment worksheet (EAW) is necessary. See Clerk's File 1988 -31. MOTION by Walsh to accept the petition and place it on file. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Wippermann to utilize the forty -five day response time in lieu of making a determination whether the city should prepare an environmental assessment worksheet and to inform Independent School District 196 of this decision. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Engineer Rich Hefti reviewed the position responsibility write up for the engineering technician position and requested Council's authorization to advertise. See Clerk's File 1988 -31. MOTION by Walsh to authorize advertisement for the position of engineering technician. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. 5 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 1988 141 Community Development Director Dean Johnson requested that the Council consider the request from John Houston, developer of Shannon Oaks to approve the abatement of four assessment units of the County Road 38 reconstruction /assessment project to reflect a change in the preliminary plat from 16 to 12 lots. See Clerk's File 1988 -31. MOTION by Wippermann to grant the abatement and to adjust the assessment units from 16 to 12 units, based upon criteria in Johnson's memo. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Oxborough to ratify the appointment of John Erickson as a probationary member of the fire department for one year and to ratify the appointment of Robert Anderson to serve on the membership /grievance committee. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1988 -31. Mayor Hoke informed Council the Urban Design Team will be in Rosemount on December 1 -2, 1988 to conduct the downtown redevelopment study. Mayor Hoke advised the first meeting has been scheduled with Decision Resources who has been contracted by the city to conduct a citizens attitude survey. The meeting will be held on November 7, 1988, at 7::00 p.m. in the Council Chambers. Mayor Hoke advised the several focus areas formulated by the Rosemount Advisory Committee from the data collected at the recent Town Meeting will be utilized in survey. Community Development Director Dean Johnson requested Council authorization to pay $2,000 for the study conducted at the College of St. Thomas for identifying potential users of energy from the proposed resource recovery facility project. MOTION by Walsh to authorize the payment of $2,000 for the study conducted by the College of St. Thomas. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Administrator Stephan Jilk gave a brief update on the rural water system advising the University of Minnesota has instructed the contractor and engineering consultants to go forward with the project. The initial work has begun. The first major portion of the project will be to complete the hookup to the existing system at the Dakota County Vo -Tech site. Administrator Jilk reminded Council of the groundbreaking for Dixie Chemical scheduled for November 3, 1988, at 9:00 a.m. 6 142 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 1988 Administrator Jilk advised the Metropolitan Council has scheduled an informational meeting regarding the airport adequacy study at the Rosemount High School on November 9, 1988, from 7:00 p.m. to 9:00 p.m. MOTION by Wippermann to recess to Executive Session. SECOND by Hoke. Ayes: 5. Nays: 0. MOTION by Napper to reaffirm Resolution 1988 -58, A Resolution Authorizing Condemnation of Property for an Armory. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST: Respectfully submitted, c [17-- Deputy Susan M. Jo so p y lerk Stephan Jilk, Administrator /Clerk Published this 0474 day of 4fp(//02 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS EXECUTIVE SESSION NOVEMBER 1, 1988 Pursuant to due call and notice thereof an Executive Session of the City Council of the City of Rosemount was duly held on Tuesday, November 1, 1988, at 11:40 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Council were advised by city staff of the necessity to begin condemnation proceedings to acquire the property for the construction of an armory. Council unanimously agreed the resolution adopted June 21, 1988 by Council, authorizing condemnation proceedings, should be reaffirmed. 1 1 MOTION by Hoke to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. ATTEST: Respectfully submitted, ROSEMOUNT CITY PROCEEDINGS EXECUTIVE SESSION NOVEMBER 1, 1988 =J Susan M. John, Deputy Clerk Stephan Jilk, Administrator /Clerk Yft, Published this c(7 of N 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, November 15, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with members Walsh, Wippermann, and Oxborough present. Councilmember Napper was absent for a portion of the meeting. 143 Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(d) Application for Final Payment for City Hall; Item 7(e) Citizens Site Evaluation Committee for Oxbow /Biosyn Proposal; Item 7(f) Approval for Purchase of Hockey Rink Equipment; Item 7(g) Receive Feasibility Report /Order Public Hearing for Limerick Way Watermain Extension; Item 7(g) No Parking /Parallel Parking Shannon Parkway /Connemara Trail; Item 8(c) Koch Notification Plan Update; and Item 9(b) Recognition of Contribution from Koch Refinery. Council considered a request from Richard Drehre, general partner and developer of a proposed shopping center along CSAH 42 in South Rose Park, to extend the $4,800,000 tax exempt commercial revenue bonds authorized by Council in 1985 for the development of a similar project. The developer presented a colored rendering of a forty thousand square foot strip style retail center. See Clerk's File 1988 -32. 144 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 1988 MOTION by Walsh to adopt A RESOLUTION APPROVING SUPPLEMENT NUMBER ONE, AMENDING THE INDENTURE OF TRUST, DATED AS OF DECEMBER 1, 1985, BETWEEN THE CITY OF ROSEMOUNT AND NORWEST BANK OF MINNESOTA, NATIONAL ASSOCIATION. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Mayor Hoke opened the public hearing to consider a zoning appeal by Craig and Julie Siemers to the Planning Commission's denial of a building permit application for an accessory building to be located on a ten acre parcel on Akron Avenue zoned for agricultural use. The administrator /clerk had in his presence the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1988 -32. City Planner Mike Wozniak advised the basis for the Planning Commission's decision was that the Siemers were proposing to build a pole building to house three trucks which they own and lease to a private company, and the Planning Commission interpreted this use as a commercial trucking operation which is not allowed in an agriculture district. Craig and Julie Siemers were present and advised Council that since their attendance at the Planning Commission meeting, they now intend to store only one truck in the pole building and that truck will be operated by Mr. Siemers. Planner Wozniak advised the storing of a single truck for their personal operation would be viewed as a home occupation and allowed in the agricultural district, but the Siemers would have to request a variance from the Planning Commission if the proposed building is greater than one thousand square feet. MOTION by Walsh to close the public hearing. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Walsh. Nays: 0. MOTION by Walsh that Council take no action on this appeal since the numbers of vehicles owned by the Siemers has changed and therefore does not relate to the issue whether it is a commercial trucking operation being operated in a noncommercial district. SECOND by Hoke. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: 0. City Engineer Rich Hefti updated Council regarding the approval by the Utilities Commission at their November 7, 1988 meeting of the Comprehensive Water System Plan prepared by the consultants commissioned to prepare the report. Councilmember Walsh, as chairman of the Utilities Commission, advised that Council will be requested at the first meeting in December, 1988 to authorize the sale of bonds for a well and elevated storage reservoir. See Clerk's File 1988 -32. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 1988 145 MOTION by Walsh to approve the consent agenda with a correction to the November 1, 1988 regular meeting minutes to include a nay vote by Councilmember Wippermann on the motion approving the Country Hills Third Addition development contract, and the deletion of Item 4(j) of the consent agenda. SECOND by Hoke. Ayes: Oxborough, Walsh, Wippermann, Hoke. Nays: 0. See Clerk's File 1988 -32. City Administrator Stephan Jilk reported on the recent meetings between city staff and School District 196 staff regarding the selection of a site for an elementary school in Rosemount. Because of the recent concerns expressed to the city and school district and further review by both staffs, Jilk advised another site has been selected for the school. The recommended site is located in the northern portion of Country Hills Addition and has been designated as a community park. Attorney for the school district, Michael Dougherty and Director of Elementary Education Cal Zwiefel were present at the meeting and reviewed with Council a joint resolution between the city and school district for support of co- locating an elementary school and community park and authorizing the respective staffs to progress on acquiring the property as well as directing the staffs and consultant to complete all legal and engineering requirements. See Clerk's File 1988 -32. MOTION by Hoke to adopt a JOINT RESOLUTION OF THE CITY OF ROSEMOUNT, DAKOTA COUNTY, MINNESOTA AND INDEPENDENT SCHOOL DISTRICT N0. 196. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Council reviewed the letter from Milt Bruflodt, AIA dated November 14, 1988 regarding the percentage of color planned for the exterior of the condominium project. No action was taken by Council. See Clerk's File 1988 -32. City Engineer Rich Hefti reviewed the bids opened on November 10, 1988 for the Shannon Parkway /Connemara Trail improvements project and recommended Council to award the contract to lowest responsible bidder, Austin P. Keller, subject to approval of the project plans and specifications by the Department of Transportation. See Clerk's File 1988 -32. MOTION by Walsh to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT ON STREET AND UTILITY CONSTRUCTION FOR SHANNON PARKWAY /CONNEMARA TRAIL, CITY PROJECT NO. 189. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Walsh. Nays: 0. City Administrator Stephan Jilk presented the application for final payment for city hall in the amount of $3,000. Jilk advised Council the contractor, Arkay Construction, has 3 146 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 1988 satisfied the arbitration decision that the city hall parking lot be reconstructed, seal coated and striped. See Clerk's File 1988 -32. MOTION by Walsh to approve the final payment for the construction of city hall to Arkay Construction in the amount of $3,000. SECOND by Oxborough. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: 0. City Administrator Stephan Jilk reviewed his memorandum regarding the deputy registrar /finance support position and his recommendation that this position be denoted as a full time position rather than a shared position with the police department as presented in the 1989 operating budget. Jilk further requested that Council approve the job description for the position, deputy finance director, and that Jeff May be placed in this position. See Clerk's File 1988 -32. Councilmember Napper took his chair at 9:25 p.m. MOTION by Hoke to approve the recommendations by the administrator as outlined in his memorandum regarding the finance support position and deputy finance director. SECOND by Walsh. Ayes: Oxborough, Walsh, Wippermann, Hoke. Nays: 0. Abstain: Napper. City Administrator Jilk recommended that Council approve the purchase of a Pitney Bowes postage machine and an allocator at a total net cost of $4,824. See Clerk's File 1988 -32. MOTION by Walsh to approve the purchase of a Pitney Bowes postage machine Model 5630 and an Allocator Model A300 in an amount not to exceed $5,000. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to set a special council meeting on Tuesday, November 29, 1988, at 8:00 p.m. in the council chambers to review the studies completed on the fire and police departments and the issue of the number and location for fire station facilities in the city. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1988 -32. City Engineer Rich Hefti discussed with Council the excess material needed to be removed from the Hawkins Pond storm sewer project site. Hefti advised staff is recommending the heavy clay material be transported to the city's demolition landfill site on Highway 3 as a capping material and to Connemara Park to be used as fill to allow extension of the soccer field and to provide an area to construct a picnic shelter and playground area. The final cost would be included in a future change order for City Project 176. Hefti also reviewed an agreement proposed by the Baptist Church for depositing of material on their property. See Clerk's File 1988 -32. MOTION by Walsh to authorize the necessary signatures between the First Baptist Church and the city for the placement of fill on the church property. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. 1 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 1988 Mayor Hoke reviewed a letter received from the Minnesota Environmental Quality Board (EQB) regarding their request for the city to nominate a person to serve on the Citizens Site Evaluation Committee regarding an application received from Oxbow Power Corporation and Biosyn Chemical Corporation to site a electric generating plant in the Pine Bend area. See Clerk's File 1988 -32. MOTION by Walsh to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT 1193, LIMERICK WAY WATERMAIN EXTENSION, AND CALLING FOR A PUBLIC HEARING TO CONSIDER THE PROJECT. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to adopt A RESOLUTION RELATING TO PARKING RESTRICTION ON S.A.P. 208- 106 -04 (SHANNON PARKWAY) FROM CONNEMARA TRAIL TO 0.27 MI NORTH IN THE CITY OF ROSEMOUNT, MINNESOTA. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Walsh, Napper. Nays: 0. 147 Councilmember Oxborough left his chair at 9:45 p.m. MOTION by Walsh to nominate Councilmember Vernon Napper to serve on the Citizens Site Evaluation Committee. SECOND by Wippermann. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. Councilmember Oxborough rejoined the meeting at 9:50 p.m. Director of Parks and Recreation David Bechtold reviewed with Council his memorandum dated November 15, 1988 regarding a request to purchase and install poles and lights at the Erickson Park hockey rink. Bechtold advised the used equipment could be purchased from the City of Eagan for $1,000 and installed at a cost of approximately $1,000. See Clerk's File 1988 -32. MOTION by Walsh to authorize the purchase of the used lighting equipment from the City of Eagan for installation at the Erickson Park hockey rink with funding to be appropriated from the park dedication fund. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Following review by Council of the feasibility report for Project 193, Limerick Way Watermain Extension, City Engineer Hefti requested a public hearing be set to consider the improvement project for Tuesday, December 20, 1988, at 8:00 p.m., or as soon thereafter as possible, in the Council Chambers. See Clerk's File 1988 -32. MOTION by Walsh to adopt A RESOLUTION RELATING TO PARKING RESTRICTION ON S.A.P. 108 104 -02 (CONNEMARA TRAIL) FROM DARWIN 148 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 1988 WAY TO 0.26 MI EAST IN THE CITY OF ROSEMOUNT, MINNESOTA. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Walsh to adopt A RESOLUTION RELATING TO PARKING RESTRICTION ON S.A.P. 208- 106 -04 (SHANNON PARKWAY) FROM DEARBORN AVE TO CONNEMARA TRAIL IN THE CITY OF ROSEMOUNT, MINNESOTA. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke reported on the first meeting involving Decision Resources and their receiving input from those who attended the meeting on December 7, 1988. Mayor Hoke advised the focus areas evolved by the Advisory Committee from the Town Meeting was the basis used in developing the first stage of the survey. Mayor Hoke thought the evening was very interesting and a lot of progress was made. Administrator Jilk advised city staff met with Decision Resources this date to review the first draft of the preliminary topics list for the survey. Mayor Hoke asked for Council suggestions regarding a beautification project for the Celebrate Minnesota 1990 grant. Mayor Hoke advised the Parks Recreation Committee will discuss this topic at their next meeting, and park committee members will be asked for their input. Mayor Hoke briefly reviewed the preliminary schedule for the Urban Design Center Team workshops and tour on December 7 -8, 1988. Councilmember Walsh and Councilmember Napper provided a brief overview of the meeting they attended at city hall on November 10, 1988 regarding the Koch Refinery Notification Plan. City Administrator Stephan Jilk summarized the trip attended by himself, Community Development Director Dean Johnson, Mayor Hoke and Councilmembers Walsh and Wippermann to Winona to discuss with the Winona City Council the concerns they have regarding the proposed garbage incinerator for their city. City Administrator Jilk acknowledged receipt of a check in the amount of $7,670 from Koch Refinery Company for the fire department's assistance at the various fires that broke out at the refinery during the past year. Jilk advised the donation was given for replacing fire equipment lost and damaged while Rosemount firemen were involved in fighting the refinery fires. The administrator recommended that approximately $5,000 be allocated for replacement of pants and jackets for this year. Council unanimously concurred with this suggestion and requested that the administrator advise the fire chief. MOTION by Walsh to recess to an executive session to discuss contract negotiations. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. 1 The regular meeting reconvened with no formal action being taken regarding discussion held at the executive session. MOTION by Wippermann to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. ATTEST: Stephan Jilk, ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 1988 Respectfully submitted, Jo Deputy Clerk Susan M. J p y i ministrator/Clerk Published this /S day of �RAdntClv/L 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 29, 1988 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, November 29, 1988, at 8:00 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with members Walsh, Wippermann and Napper present. Councilmember Oxborough was absent. Mayor Hoke led the group in the Pledge of Allegiance. There were no additions or corrections made to the agenda. Administrator Stephan Jilk recommended that Diana Korpela be promoted to Finance Support Position and advertisements be initiated to fill her present position of Deputy Registrar Clerk. See Clerk's File 1988 -33. MOTION by Napper to promote Diana Korpela to the position of Finance Support with a mid -point salary of $23,000. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. MOTION by Wippermann to authorize the advertising for the position of Deputy Registrar Clerk with a mid -point salary of 149 150 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 29, 1988 $19,500. SECOND by Walsh. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. Administrator Stephan Jilk presented for discussion the two major studies completed by Fred Hoisington and his associates regarding the police and fire departments. The administrator reviewed in detail his memorandum dated November 23, 1988 outlining the recommendations by the Hoisington group and the staff's positions on these issues. The two studies involved a complete in -depth study of the administration of the police and fire departments and whether benefits could be derived from combining the two departments, and a study to determine the size, number and location for fire station facilities in the city. See Clerk's file 1988 -33. The administrator reviewed several issues included in the analysis of the public safety operations and organization as well as explaining the staff's recommendation to concur with the consultants that the police and fire departments remain separate with the respective department heads reporting directly to the city administrator position. The administrator reviewed the city staff's concurrence with the consultants' recommendation to construct a single new station on 145th Street between Shannon Parkway and Chippendale Avenue and vacating the current fire station on Brazil Avenue. Discussion ensued with Council regarding a specific site for the hire hall and a bond referendum to finance the construction. Council also discussed the need to expand the public works garage and possible sites for expansion. Police Chief Staats, Fire Chief Aker and Fred Hoisington were present at the meeting and answered several questions from Council regarding the two studies. Following further discussion, the administrator requested that he be allowed to put together a further report for Council to consider addressing the fire station needs, site selection and costs, preliminary facility costs and bonding information for a possible 1989 fall bond referendum. Mayor Hoke recommended that Council set a special council meeting to hold a public hearing on Thursday, December 15, 1988, at 7:30 p.m. to consider projects to be included in a grant application for funding under the "Celebrate Minnesota 1990" program. Mayor Hoke advised two projects that will be considered will be "Welcome to Rosemount" signs and a combination bandshell and warming house in Erickson Park. MOTION by Hoke to set a public hearing on Thursday, December 15, 1988, at 7:30 p.m. to consider the beautification projects for the 2 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 29, 1988 "Celebrate Minnesota 1990" grant application. SECOND by Wippermann. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. MOTION by Wippermann to adjourn. SECOND by Walsh. Ayes: 4. Nays: 0. Respectfully submitted, iGw.tvic— usan M. Johnson,/Deputy Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, December 6, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 6(h) Authorize Feasibility Report for Shannon Parkway Street and Utilities Improvements and Item 6(i) Incinerator EIS Advisory Committee Appointments. 151 Stephan Jilk, Administrator /Clerk Ys1 Published this "5— day of ECtftfl6Ih, 1988, in Dakota County Tribune. Mayor Hoke called the meeting to order with members Wippermann and Napper present. Councilmembers Oxborough and Walsh were absent. Community Development Director Dean Johnson updated Council on the apparent pending recommendation from the Minnesota Pollution Control Agency requesting that the county select another site for the resource recovery project at a location more distant from the Pine Bend area. Community Development Director Dean Johnson provided a brief overview of his trip to Detroit, Michigan to tour an ash recycling protype operated by USPCI who had recently discussed with city staff the possibility of constructing such a facility in Rosemount. Johnson advised USPCI has indicated their facility will now be built in Hennepin County, but felt 152 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 1988 the trip was worthwhile in an effort to keep the city knowledgeable regarding ash disposal. City Engineer Rich Hefti explained the city's snowplowing policy. MOTION by Wippermann to adopt the consent calendar as presented. SECOND by Napper. Ayes: Wippermann, Hoke, Napper. Nays: 0. See Clerk's File 1988 -34. Bill Morris and Diane Traxler of Decision Resources, Ltd. reviewed with council, staff and members of the Rosemount Advisory Committee the proposed citizens attitude survey. Upon suggestions from council and the advisory committee members, minor changes were made to the survey. See Clerk's File 1988 -34. MOTION by Hoke to approve the citizens attitude survey as revised for processing and to approve an expenditure in the amount of $9,000.00 for the survey. SECOND by Wippermann. Ayes: Hoke, Napper, Wippermann. Nays: 0. A recess was called at 8:45 p.m. with the meeting continuing at 8:55 p m Police Chief James Staats requested authorization to advertise for a part time secretary to begin in January, 1989. See Clerk's File 1988 -34. MOTION by Napper to proceed with the advertising, interviewing and presentation of approval for the part time secretary position for the police department. SECOND by Wippermann. Ayes: Napper, Wippermann, Hoke. Nays: 0. Community Development Director Dean Johnson advised that the school board at their last meeting adopted the joint resolution regarding the proposed .school site on the Kelly property which would negate the petition for an environmental assessment worksheet by the Minnesota Environmental Quality board received from the group opposing the proposed school site on the Mullery property. Formal action to the petition will be taken at the December 20, 1988 council meeting. MOTION by Napper to accept the resignation from Jerry Anderson from the fire department and to thank him for his 17 years of service to the city. SECOND by Wippermann. Ayes: Wippermann, Hoke, Napper. Nays: 0. City Planner Mike Wozniak reviewed a request received from James R. and Catherine McCoy and Dale C. and Ellen E. Leidner for a simple lot division of property in the Oakwood Estates Addition. It is the intent of the McCoys and Leidners to split Lot 13 with each party permanently combining half of the lot to their existing lot. Wozniak advised the Planning Commission recommended approval of the lot division request. See Clerk's File 1988 -34. 1 MOTION by Napper to accept the quote for the redwood playground equipment and metal swing set from the St. Croix Recreation Company of Stillwater, MN for the price of $10,265.00 and to authorize the expenditure. SECOND by Hoke. Ayes: Napper, Wippermann, Hoke. Nays: 0. MOTION by Napper to authorize the purchase of the 40 foot octagon shelter from Flanagan Sales, Inc. of St. Paul, MN in the amount of $13,270.00. SECOND by Wippermann. Ayes: Wippermann, Hoke, Napper. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 1988 153 MOTION by Wippermann to adopt A RESOLUTION FOR A SIMPLE LOT DIVISION IN LOT 13, BLOCK 3, OAKWOOD ESTATES and to authorize the Mayor and City Administrator to execute the lot combination agreements. SECOND by Hoke. Ayes: Hoke, Napper, Wippermann. Nays: 0. Director of Parks Recreation David Bechtold presented the quotes he received for playground equipment and a 40 foot octagon shelter for Connemara Park. Bechtold recommended the playground equipment be purchased from the lowest responsible bidder, St. Croix Recreation Company in the amount of $10,265.00, and the octagon shelter from Flanagan Sales, the lowest bidder, in the amount of $13,270.00. See Clerk's File 1988 -34. Director of Parks Recreation David Bechtold requested authorization to repair and upgrade the jetter truck to include a valve operated system to allow the employee to operate the truck from inside the cab when flooding the rinks. See Clerk's File 1988 -34. MOTION by Hoke to approve the repair and upgrade the jetter truck in an amount not to exceed the total cost of $2,900.00. SECOND by Napper. Ayes: Hoke, Napper, Wippermann. Nays: 0. David Bechtold, director of parks recreation, requested Council authorization to request bids for either an eight foot or ten foot fence for ballfields #4 and #5 in Erickson Park. Bechtold advised the present four foot fences have caused several minor injuries and at least one major injury from ballplayers coming down on top or over the present fences. See Clerk's file 1988 -34. MOTION by Napper to authorize advertisement for bids on fences for ballfields #4 and #5 in Erickson Park. SECOND by Wippermann. Ayes: Napper, Wippermann, Hoke. Nays: 0. Police Chief James Staats reviewed with Council the proposal received from Viking Southdale Ford, through the Hennepin County bidding process, for a 1989 Ford Crown Victoria to serve as an additional unit for the police fleet. See Clerk's File 1988 -34. 154 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 1988 MOTION by Wippermann to authorize the purchase of a new squad car for the police department through the Hennepin County bidding process for a total price of $12,870.00. SECOND by Hoke. Ayes: Wippermann, Hoke, Napper. Nays: 0. Community Development Director Dean Johnson presented for review and approval a resolution increasing the annual license fee for solid waste haulers from $25.00 to $50.00 and an amended ordinance pertaining to solid waste. Johnson advised the amended ordinance specifically addressed the requirement that haulers dispose of compost at the new facility designated by Dakota County. Council agreed to table the revised ordinance to allow more time to review the entire ordinance. See Clerk's File 1988 -34. MOTION by Hoke to adopt A RESOLUTION ESTABLISHING LICENSING FEES FOR THE COLLECTION OF SOLID WASTE. SECOND by Wippermann. Ayes: Hoke, Napper, Wippermann. Nays: 0. Community Development Director Dean Johnson advised that since the school district and the city have adopted a joint resolution indicating support of co- locating an elementary school and community park in the norther portion of Country Hills Addition, Council should consider initiating the engineering work for the completion of the final segment of Shannon Parkway between Dalmatian Path and one -half mile south of County Road 38. City Engineer Hefti provided a brief description of the project and recommended that the feasibility report be prepared for street and utility improvements. MOTION by Wippermann to adopt A RESOLUTION ORDERING THE FEASIBILITY REPORT FOR SHANNON PARKWAY STREET AND UTILITY IMPROVEMENTS BETWEEN DALMATIAN PATH AND 1/2 MILE SOUTH OF COUNTY ROAD 38, CITY PROJECT #194. SECOND by Napper. Ayes: Napper, Wippermann, Hoke. Nays: 0. Dean Johnson, community development director, advised Council the Metropolitan Council is looking for candidates to serve on an advisory committee for Metropolitan Council as part of their review and comments in making recommendations to the environmental impact statement regarding the resource recovery project. It was the Metropolitan Council's suggestion the appointed persons be a city staff member and a resident or a committee or city councilmember. MOTION by Wippermann to appoint Dean Johnson and Vernon Napper as the city representatives on the incinerator EIS advisory committee to the Metropolitan Council. SECOND by Hoke. Ayes: Wippermann, Hoke, Napper. Nays: 0. Mayor Hoke reminded everyone the Urban Design Team will be at city hall December 7 -8, 1988 for their design charette. Mayor Hoke advised the public hearing to consider the projects for the Celebrate Minnesota 1990 grant program is scheduled for Thursday, December 15, 1988 at 7:30 p.m. in the Council Chambers. At that time the two projects, the construction of a bandshell in 4 Erickson Park and the construction of "Welcome to Rosemount" signs will be presented for discussion. MOTION by Wippermann to adjourn. SECOND by Napper. Ayes: 3. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 1988 Respectfully submitted, Se an M. J Deputy Clerk Dean R. Johnson. Co.' munity Development Director Published this 0?9- day of c teini0e2, 1988 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 15, 1988 5 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, December 15, 1988, at 7:00 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with members Walsh, Oxborough and Napper present. Councilmember Wippermann was absent. Mayor Hoke led the group in the Pledge of Allegiance. Dr. Kurt Walter- Hansen was interviewed for the vacant position on the Rosemount HRA Board effective January 1, 1989. A recess was called at 7:20 p.m. with the meeting reconvening at 7:30 p.m. Mayor Hoke opened the public hearing scheduled for this time to consider two projects for possible inclusion in the grant application for funding under the "Celebrate Minnesota 1990" program. The deputy clerk had in her presence the Affidavit of Publication and Posted Hearing Notice. See Clerks File 1988- 35 Director of Parks and Recreation David Bechtold, designated as the project director for the Erickson Park (south end) Upgrade Project, reviewed in detail with Council the grant application. Through overviews of the project, the director explained the major areas of renovation and the various 156 Projects involved in the park program. The director indicated all activities would be done by December, 1989. Kerry Johnson, representing the Rosemount Jaycees, presented a drawing of "Welcome to Rosemount" signs to be placed at entrances to the community. Mr. Johnson, project director for the grant, reviewed the grant application with Council. Mr. Johnson advised the Jaycees would like to install the signs in the spring of 1989. The council commended David Bechtold and Kerry Johnson for their involvement in the grant program. MOTION by Walsh to close the public hearing. SECOND by Hoke. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to adopt CELEBRATE 1990 GRANT APPLICATION RESOLUTION AUTHORIZING APPLICATION AND PRIMARY CONTACT PERSON for the Erickson Park (south end) Upgrade project. SECOND by Hoke. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to adopt CELEBRATE 1990 GRANT APPLICATION RESOLUTION AUTHORIZING APPLICATION AND PRIMARY CONTACT PERSON for the Welcome to Rosemount signs project. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke discussed with council the recommendations of the Urban Design Team. Council discussed the recent decision by the University of Minnesota Board of Regents to allow the county to extend 160th Street through the university property. MOTION by Hoke to adjourn. SECOND by Napper. Ayes: 4. Nays: 0. Respectfully submitted, ATTEST. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 15, 1988 Rollan Hoke, Mayor Published this /S day of czkzeddie, 1988, in Dakota County Tribune. 2 nso Susan M. J n, Deputy Clerk 1 1 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held an Tuesday, December 20, 1988, at 7:00 p.m. in the Council Chambers of the City Hall. Acting Mayor Walsh called the meeting to order with Members Wippermann, Oxborough, Napper and Administrator /Clerk Jilk present. Mayor Hoke was absent. The purpose of this meeting was to discuss the appointment of an individual to the City Housing and Redevelopment Authority (HRA) Board. The vacancy on the board exists due to Mr. Arnie Jensen not wishing to be re- appointed in 1989. The council discussed individuals who have applied for the HRA Board position. Council also discussed a position as to how many city council members should set on the HRA Board. They agreed further discussion was necessary on this concept. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 4. Nays: 0. ATTEST: Susan John n, Deputy Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 20, 1988 Respectfully su; mitted, St phan Jif', A.ministra or /Clerk Published this /d 'day of _2 1989 in Dakota County Tribune. 157 158 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 1988 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, December 20, 1988, at 7:30 p.m. in the Council Chambers of the City Hall. Acting Mayor Walsh called the meeting to order with members Wippermann, Oxborough and Napper present. Mayor Hoke was absent. Acting Mayor Walsh led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(h) Minnesota EQB Citizens Committee. The Council was advised by City Engineer Rich Hefti of the speed study results completed by the Minnesota Department of Transportation. The Dodd Boulevard speed limit is 35 mph between the intersection of Chippendale Avenue and Shannon Parkway and 30 mph between Shannon Parkway and Delft Avenue West. The speed limit for Shannon Parkway is 40 mph between 160th Street West and Dearborn Path contingent upon posting the appropriate speed advisory plates on the curve warning signs. See Clerk's File 1988 -36. MOTION by Wippermann to adopt the consent agenda as presented. SECOND by Oxborough. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. Glen VanWormer, traffic engineer consultant, presented to Council his report on the traffic study of County Road 42 in the vicinity of Canada Avenue. The traffic engineer reviewed several potential solutions as well as suggestions for improving the pedestrian access to the commercial area south of County Road 42. Following discussion, the Council agreed the city's traffic engineer should review the report with the county traffic engineer and have both traffic engineers present at a future meeting. See Clerk's File 1988 -36. MOTION by Walsh to accept the traffic study of County Road 42 in the vicinity of Canada Avenue. SECOND by Napper. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. Administrator Stephan Jilk advised that the Cable Commission has requested that the City Council take action to extend the existing franchise agreement with Star Cable to February 14, 1989 to allow the cable company to review the revised franchise. Cable Commissioner Walsh advised there are significant changes to the franchise. See Clerk's File 1988 -36. MOTION by Walsh to authorize the extension of the Star Cable franchise to February 14, 1989. SECOND by Wippermann. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0. Acting Mayor Walsh suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. Acting Mayor Walsh opened the public hearing to consider the Sachs and Kassube Addition Preliminary Plat. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 1988 159 The administrator /clerk had in his possession the Affidavit of Mailed and Posted Hearing Notice and the Affidavit of Published Hearing Notice. See Clerk's File 1988 -36. City Planner Mike Wozniak reviewed the plat consisting of approximately seven acres of property located just west of the intersection of County Road 42 and Trunk Highway 52. The property owners had requested a division /combination of metes and bounds parcels; and to eliminate cumbersom legal descriptions, city staff recommended that the Rassubes and Rolland Sachs plat the property. The Planning Commission recommended approval subject to consideration of comments from governmental agencies. Rolland Sach, 3155 145th Street East, was present at the meeting and requested Council's approval of the plat. No other comments were heard from the audience. MOTION by Wippermann to close the public hearing. SECOND by Napper. Ayes: 4. Nays: O. MOTION by Wippermann to adopt A RESOLUTION GIVING APPROVAL TO THE SACHS AND RASSUBE ADDITION PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL APPROVAL. SECOND by Napper. Ayes: Napper, Wippermann, Walsh, Oxborough. Nays: O. Acting Mayor Walsh opened the public hearing to consider City Project #193, Limerick Way Watermain Extension. The administrator /clerk had in his possession the Affidavit of Posted and Mailed Hearing Notice and the Affidavit of Publication. See Clerk's file 1988 -36. Consulting Engineer Steve Campbell briefly described the project for the extension of a 16" trunk watermain from the Shannon Park Townhomes located immediately north of the Limerick Way addition. The total estimated cost of the project is $25,000, the amount to be assessed is not to exceed $14,000 and $11,000 would be expended from the water core facility fund. City Engineer Hefti advised that even though the developer did not hold title to the property at the time the petition was received, the developer will be solely responsible for the assessable costs as provided through the development agreement for Limerick Way Addition. See Clerk's File 1988 -36. MOTION by Wippermann to close the public hearing. SECOND by Walsh. Ayes: 4. Nays: 0. MOTION by Napper to adopt A RESOLUTION FOR APPROVAL OF LIMERICK WAY WATERMAIN, CITY PROJECT 193. SECOND by Wippermann. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. 2 160 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 1988 MOTION by Walsh to adopt A RESOLUTION ORDERING THE PLANS AND SPECIFICATIONS OF LIMERICK WAY WATERMAIN, CITY PROJECT 193. SECOND by Wippermann. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. Acting Mayor Walsh opened the public hearing to consider the Preliminary Plat /Concept PUD for the Rosemount Center. The administrator /clerk had in his presence the Affidavit of Posted and Mailed Hearing Notice and the Affidavit of Publication. See Clerk's File 1988 -36. City Planner Mike Wozniak reviewed with Council the Preliminary Plat /Concept Planned Unit Development Plan for Rosemount Center. Wozniak agreed to the design of the center including site design and building aesthetics but discussed with Council and the developer issues involving storm water drainage, adequate parking and pick- up /drop off area for the proposed day care center, and pedestrian trails along 151st Street and County Road 42. Following discussion, the developer and city staff agreed these issues could be resolved prior to final plat approval. See Clerk's File 1988 -36. MOTION by Walsh to close the public hearing. SECOND by Wippermann. Ayes: 4. Nays: 0. MOTION by Oxborough to adopt A RESOLUTION GIVING APPROVAL TO THE ROSEMOUNT CENTER CONCEPT PUD AND PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL APPROVAL. SECOND by Wippermann. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0. The regular agenda resumed at this time. Dick Lueken and Dean Hanson, spokespersons for All Park's Alliance for Change (APAC) requested that Council consider passing a non- binding resolution endorsing a bill for mobile home residents which would give mobile home residents the first option to purchase their park if it is sold. Mark Brunner, Executive Director of Minnesota Manufactured Housing Association, cited several reasons for opposing such a bill. Following further discussion of this item, Council concurred the final draft of the bill for legislation should be reviewed by the Planning Commission as well as any resolution of support that may be drafted before the Council would take any action. See Clerk's File 1988 -36. MOTION by Walsh to adopt A RESOLUTION DENYING THE PETITION FOR A DISCRETIONARY ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) ON THE POTENTIAL CONSTRUCTION OF AN ELEMENTARY SCHOOL IN THE CITY OF ROSEMOUNT. SECOND by Oxborough. Ayes: Napper, Wippermann, Walsh, Oxborough. Nays: 0. Council reviewed City Ordinance No. XIV.8 amending the ordinance pertaining to solid waste. Community Development Director Dean Johnson advised the amended ordinance is required because of county and state legislature requirements that haulers dispose of all yard 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 1988 waste at compost facilities rather than landfills. See Clerk's File 1988 -36. MOTION by Wippermann to adopt ORDINANCE NO. XIV.8, AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 PERTAINING TO SOLID WASTE. SECOND by Napper. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. MOTION by Oxborough to approve the schedule of salary adjustments for 1989 as presented by the fire department. SECOND by Wippermann. Ayes: Napper, Wippermann, Walsh, Oxborough. Nays: 0. Administrator Stephan Jilk presented for Council approval salary and benefit adjustments for full -time non -union employees for the calendar year 1989. The administrator reviewed several factors relevant to the proposed salary /benefit schedule and the methodology used for completing the annual adjustments, comparable worth 4 161 Community Development Director Johnson recommended that Council approve the hiring of Tracie L. Pechonick for the position of Economic Development Specialist to begin employment on January 17, 1989. See Clerk's File 1988 -36. MOTION by Wippermann to approve the hiring of Tracie L. Pechonick for the position of Economic Development specialist at the bottom of the salary range as established by Council action. SECOND by Napper. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. Community Development Director Dean Johnson presented for review the recycling proposal from Knutson Rubbish Service, Inc. Johnson outlined the services Knutson Rubbish will provide as vendor for the recycling program in Rosemount. The city attorney is preparing the contract between the city and Knutson Rubbish, and the community development director recommended approval of the proposal subject to an executed contract. See Clerk's File 1988 -36. MOTION by Walsh to approve the recycling proposal by Knutson Rubbish Service, Inc. subject to an executed contract. SECOND by Wippermann. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: Administrator Stephan Jilk presented for Council consideration the proposed salary scheduled for fire fighters and officers. Jilk advised the proposal was the result of a committee formed who surveyed salaries of fire fighters in surrounding communities and made recommendations to the entire membership. The administrator commended the fire department for their excellent job in reviewing and gathering salary information and recommended council approval as outlined in Scott Aker's memorandum dated October 14, 1988. See Clerk's File 1988 -36. 162 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 1988 adjustments and employment adjustments in 1989 and 1990. See Clerk's File 1988 -36. MOTION by Walsh to adopt A RESOLUTION OUTLINING NON -UNION FULL TIME STAFF SALARY AND BENEFIT ADJUSTMENTS FOR 1989 -90. SECOND by Napper. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. Councilmember Napper reported on the first meeting of the Environmental Quality Board Citizens Committee for evaluating the site proposal by Oxbow and Biosyn Corporations. Napper advised there will be a public information meeting on December 22, 1988 at 7 :30 p.m. in the Council Chambers. Community Development Director Dean Johnson recommended that the city enter into an agreement with the Dakota County HRA to allow the HRA to provide services in assisting the renter of the farmhouse on the armory site to find a new residence. See Clerk's File 1988 -36. MOTION by Walsh to enter into a Contract for Relocation Services between the Dakota County HRA and the City of Rosemount and to authorize the necessary signatures. SECOND by Wippermann. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. City Administrator Stephan Jilk reviewed with Council a proposed level of approval table which would be incorporated into a formal purchasing policy to be presented to Council at a future meeting. The Council concurred with the proposal with few minor changes. See Clerk's File 1988 -36. City Administrator Stephan Jilk commented on his memorandum dated December 15, 1988 regarding the purchase of workstation modules to accommodate additional personnel. See Clerk's File 1988 -36. MOTION by Walsh to concur with the city administrator's memorandum dated December 15, 1988 regarding workstation modules purchase in the amount of $10,590. SECOND by Napper. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0. City Engineer Rich Hefti recommended that Council approve the plans and specifications for Limerick Way Watermain Extension and authorized a bid opening for January 12, 1988, at 10:00 a.m. See Clerk's File 1983 -36. MOTION by Walsh to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATION AND AUTHORIZING ADVERTISEMENT OF BIDS, LIMERICK WAY WATERMAIN, PROJECT #193. SECOND by Napper. Ayes: Napper, Wippermann, Walsh, Oxborough. Nays: 0. Deputy Clerk Susan Johnson presented a recommendation for Council to approve the purchase of an Optech III -P optical scan voting tabulator to serve as a backup to the existing tabulators for the precincts. Johnson advised the city would realize a cost savings of $1,200 if purchased before the end of the year. See Clerk's File 1988 -36. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 1988 MOTION by Wippermann to approve the purchase of the election equipment in the amount of $5,185. SECOND by Oxborough. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. 163 City Administrator Stephan Jilk advised the Dakota County city managers /administrators group is putting together an evening program in January at which all legislators representing portions of Dakota County will be invited to attend along with city officials to review and receive position statements from this group. The position statements are on several issues of concerns to the cities and are the result of several meetings by the city administrators /mangers and county administrator. Jilk requested that Council review the statements and inform him of their comments. See Clerk's File 1988 -36. City Engineer Rich Hefti recommended that council approve the Finnegan Goldman lot split in order for Finnegan to acquire a twenty foot strip of land immediately east of a parcel located in the northeast corner of Cimarron Avenue and Dodd Boulevard since a survey revealed that the driveway to this parcel was actually located on the Goldman property. See Clerk's File 1988 -36. MOTION by Wippermann OF PROPERTY BY METES PROPERTY. SECOND by Napper, Wippermann. to adopt A RESOLUTION APPROVING DIVISIONS AND BOUNDS DESCRIPTIONS FINNEGAN GOLDMAN Oxborough. Ayes: Walsh, Oxborough, Nays: 0. MOTION by Walsh to adopt A RESOLUTION DESIGNATING CERTAIN BONDS ISSUED IN 1986 AS "QUALIFIED TAX EXEMPT OBLIGATIONS SECOND by Wippermann. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0. Community Development Director Dean Johnson recommended approval of the Bituminous Roadways /Lance Johnson Mining Permit renewal subject to the conditions set out in the mining permit for a sand and gravel mining permit for the east 30 acres of the Lance Johnson property located off of Rich Valley Boulevard. See Clerk's File 1988 -36. MOTION by Walsh to approve the Bituminous Roadways /Lance Johnson Mining Permit renewal subject to the conditions set out in the permit. SECOND by Wippermann. Ayes: Napper, Wippermann, Walsh, Oxborough. Nays: 0. MOTION by Napper to adopt A RESOLUTION ESTABLISHING A NEGATIVE DECLARATION FOR BITUMINOUS MATERIALS, INC. PLANT NO. 2 ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW). SECOND by Oxborough. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. MOTION by Wippermann to exclude Lots 4 and 5 of Block 1 and Lot 3 of Block 2 from any assessments resulting from street improvements in Shannon Oaks Addition, City Project #185 and to spread the entire assessable cost over the remaining 9 6 164 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 1988 lots. SECOND by Oxborough. Ayes: Walsh, Wippermann, Oxborough, Napper. Nays: 0. MOTION by Walsh to set a Special Council Meeting on Tuesday, January 17, 1989, at 6:30 p.m. to hear the recommendations from the Urban Design Team. SECOND by Napper. Ayes: Wippermann, Oxborough, Napper, Walsh. Nays: 0. MOTION by Wippermann to recess into Executive Session for the purpose of discussing the 1989 police union contract. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. Respectfully submitted, Deputy Clerk Stephan Jilk, Administrator /Clerk r. Published this /c day of 1989 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 3, 1989 165 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, January 3, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. MOTION by Walsh to recess to allow the Rosemount Housing and Redevelopment Authority to conclude their regular meeting. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. The Council meeting reconvened at 7:45 p.m. Councilmember Vernon Napper gave the invocation. The agenda was amended to include Item 10(e) Adopt Resolution Amending Certified Bond Levy for 1988 Bonds; Item 10(f) Approve Consulting Engineer Agreement for Shannon Parkway Project; and Item 11(b) Donation to City. City Planner Michael Wozniak presented the proposed zoning ordinance and highlighted changes from the current zoning ordinance. The planner discussed with Council the method for reviewing the document and recommended that a special meeting be scheduled for determination of any major concerns or recommendations for change of the proposed ordinance. See Clerk's File 1989 -1. Mayor Hoke suspended the regular agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled for that time. The administrator /clerk had in his presence the Affidavit of Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1989 -1. Mayor Hoke opened the meeting to receive comments on proposed amendments to Zoning Ordinance No. VII.3, Subdivision 8.2 of Section 8, regarding landfills. Community Development Director Dean Johnson advised the specific purpose of the amendment is to remove as a permitted use any type of landfill facility in the city. Attorney Reid Hansen, legal counsel for USPCI, requested that Council not adopt the proposed amendment as USPCI felt that the amendment would not be a fair amendment at this time as the company wants to continue productive negotiations with the city for the development of a containment facility in the Pine Bend area. City Administrator Stephan Jilk recommended that the city attorney be allowed to draft a findings of fact as to whether or not the proposed amendment should be adopted. 166 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 3, 1989 MOTION by Walsh to close the public hearing. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Hoke to table action on the proposed zoning amendment until after further deliberation by council and legal counsel. SECOND by Oxborough. MOTION by Hoke to amend the original motion to definitely defer action to the February 7, 1989 council meeting to allow further deliberation by council and legal counsel. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Poll of original motion: Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. The regular agenda resumed at this time. Council concurred to set the special meeting for review of the changes of the proposed zoning ordinance at the January 17, 1988 regular council meeting. MOTION by Wippermann to approve the consent agenda as presented. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. See Clerk's File 1989 -1. MOTION by Walsh to adopt A RESOLUTION NAMING DEPOSITORIES /FINANCIAL INSTITUTIONS FOR CITY FUNDS. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Hoke to designate the Dakota County Tribune as the official newspaper for the city. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Administrator Stephan Jilk requested that Council consider allowing staff to make recommendations on creating standing committees, on which the council liaison would serve along with department heads and staff members, for the department they represent. The administrator felt that the administrator position created a few years ago has diminished the role of the council liaison, and the standing committees would allow greater contact and interaction between the council liaison and staff members as well as provide more opportunity for councilmembers to provide their expertise. Council concurred with the administrator's recommendations and requested that he go forward with the standing committee concept. MOTION by Hoke to approve the following appointments for 1989: Joseph Walsh: Acting Mayor, Commissioner of Planning, Commissioner of Public Improvements and Utilities; Dennis Wippermann: Commissioner of Finance, Commissioner of Insurance; John Oxborough: Commissioner for Parks and Recreation; Vernon Napper: Commissioner of Public Health, Commissioner of Roads Streets, Liaison to Business; Rollan Hoke: Commissioner for Public Safety; Don F. Daring: Insurance Officer; Dr. Raymond Mardell and Dr. T. W. Lai: Health Officer; Rollan Hoke: Weed Inspector; and Don Brown: 2 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 3, 1989 MOTION by Hoke to approve the fire and police study recommendations as outlined in the administrator's memorandum dated December 30, 1988. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. 167 Assistant Weed Inspector. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Hoke to reappoint Daniel Huntington to a three year term on the Planning Commission. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Hoke to reappoint Jerry Puciaty to a three year term on the Parks and Recreation Committee. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Hoke to reappoint Larry Walsh to a three year term on the Parks and Recreation Committee. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Hoke to reappoint Thomas Werner to a three year term on the Utilities Commission and Cable Commission. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. A recess was called at 9:10 p.m. with the meeting continuing at 9:20 p.m. MOTION by Napper to authorize the hiring of Boyd Bailey for the engineering technician position at a starting salary of $22,500 subject to a successful completion of employment physical and driver's license check. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk referred to the police and fire study recommendations presented to Council by Hoisington Group, Inc. on August 18, 1989 and further recommendations to Council by staff on November 23, 1988 regarding the two studies. The administrator offered specific recommendations on the findings as outlined in his memorandum of December 30, 1988. See Clerk's File 1989 -1. Community Development Director Dean Johnson reviewed the proposed contract between the city and Knutson Rubbish Service, Inc. designating Knutson Rubbish as the exclusive hauler for the city's recycling program. Jim Weinzettel, Mendota Hts. Rubbish, and Mike Trulson, Quality Waste Control, objected to the city negotiating with only one hauler rather then going out for bids or allowing multiple haulers to participate in the program. Weinzettel and Trulson advised their businesses would either lose existing customers, because their customers may want to have only one hauler to eliminate setting out trash more than one day a week, or new residents in the city may automatically choose Knutson Rubbish since they will be providing the recycling service. In -depth discussion followed among the council as to whether to approve the 1,68 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 3, 1989 recycling contract with Knutson Rubbish, to go out for bids for request for proposals or to allow the haulers to provide curbside recycling to their customers. MOTION by Walsh to table discussion to the next council meeting at which time council would review the city attorney's opinion as to whether or not the city can rescind the agreement with Knutson Rubbish. Motion failed for lack of second. Council entered into considerable discussion regarding whether it would be feasible to meet with the city's haulers to put together a program in which all haulers could be involved in the recycling program. The majority of the council was sympathetic to the haulers' request to be included in the recycling program, but felt the proposal by Knutson was a good one and would provide a successful recycling program. MOTION by Hoke to approve the contract with Knutson Rubbish Service, Inc. for providing curbside recycling. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke. Nays: Oxborough, Napper. Administrator Stephan Jilk presented a formal purchasing policy for adoption by Council. The purpose of the policy would establish specific guidelines for the budgeting, approval process and expending of funds by employees of the city. See Clerk's File 1989- 1 MOTION by Walsh to approve the Purchasing Policy for the city. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Council reviewed the legislative position paper prepared by the Dakota County City and County Managers /Administrator's group on several issues of concern to cities in Dakota County and the county itself. Council supported the position statements with exception of the position statement supporting County Road 38 as a cross county highway. See Clerk's File 1989 -1. MOTION by Wippermann to exclude County Road 38 from the Dakota County Managers position statement regarding cross county highways and to support the 160th /170th Street corridor. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann. Nays: 0. Abstain: Hoke. MOTION by Walsh to appoint Dennis Wippermann to serve a five year term on the Rosemount Housing and Redevelopment Board. SECOND by Hoke. Ayes: Napper, Walsh, Hoke, Oxborough. Nays: 0. Abstain: Wippermann. MOTION by Walsh to adopt A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR WELL #8, CITY PROJECT #182. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 3, 1989 MOTION by Walsh to adopt A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR WATER TOWER 12, CITY PROJECT 1183. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: City Engineer Rich Hefti requested Council approval to rent inside storage space from the University of Minnesota at an annual cost of $5,340.00. Hefti advised the storage space would be used to store seasonal equipment such as lawnmowers and plows. See Clerk's File 1989 -1. MOTION by Walsh to approve renting storage space from the University of Minnesota at an annual cost of $5,340.00. SECOND by Oxborough. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: Napper. Community Development Director Dean Johnson advised that the Planning Commission tabled consideration for the Bituminous Materials, Inc, mining permit be tabled indefinitely until conditions are met on another permit they are holding with the city. This item was tabled by Council. MOTION by Napper to approve the Joint Powers Agreement as presented by the city engineer for traffic markings and seal coating and to authorize the necessary signatures. SECOND by Oxborough. Ayes: Oxborough, Walsh, Wippermann, Hoke, Napper. Nays: 0. See Clerk's File 1989 -1. MOTION by Walsh to adopt A RESOLUTION AMENDING THE 1988- PAYABLE 1989 DEBT SERVICE LEVY FOR THE CITY OF ROSEMOUNT. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Engineer Rich Hefti requested Council approval to enter into an agreement with OSM for engineering services for street and utility improvements of Shannon Parkway north of 137th Street West, City Project 194. MOTION by Hoke to enter into an agreement for engineering services with OSM for Project 194 and to authorize the necessary signatures. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke reminded Council of the special council meeting scheduled for January 17, 1989, at 6:30 p.m. to hear the recommendations from the Urban Design Team. Mayor Hoke requested that notices be furnished to all commission and committee members. Councilmember Joseph Walsh formally donated to the city a fax machine. The Council and staff thanked Councilmember Walsh for his generosity. 170 MOTION by Hoke that letters of thank you be sent to retiring commission members. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk commented on his telephone conversation with Bill Morris of Decision Resources regarding the citizen attitude survey. Decision Resources felt the survey would be completed by the middle of next week and a preliminary report would be provided to the city by the end of January. MOTION by Napper to adjourn. SECOND by Hoke. Ayes: 5. Nays: 0. ATTEST: tep :n Jil Administrat(fr /Clerk Published this a day of ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 3, 1989 Respectfully submittgd, Susan M. 3ohn`son, Deputy Clerk 1989 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 17, 1989 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, January 17, 1989, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. William Moorish, Director of the Urban Design Team, and Catherine Brown, landscape architecture, both from the University of Minnesota School of Architecture and Landscape Architecture, presented several ideas and suggestions on how the city can develop an urban design framework for the downtown area. Moorish provided several recommendations on how the city can maintain its identity and create character. Morrish presented ideas on future development of the downtown area. Some of these ideas included the beautification of the downtown area through future landscaping and streetscaping, maintaining the existing focal points in the downtown area, expanding the park area adjacent to Erickson Park, maintaining the historical landmarks in the city, and developing the city street system to encourage residents to center travel to the downtown area. A recess was called at 7:30 p.m. to allow the regular council meeting to be called to order. The special meeting resumed at 7 :33 p.m. Moorish and Brown answered several questions from the audience and Council. The Design Team members agreed to return at another date once the attitude survey results are completed and staff and council have further opportunity to review the Design Team's suggestions and comments. MOTION by Hoke to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. ATTES St -phan J Administrator /Clerk Published this /62 day of i Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 17, 1989 Respectfully submitted, Sfisan M. Johnson Deputy Clerk 1989 in Dakota County ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, January 17, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. A recess was called to allow the continuance of the special council meeting with the regular meeting reconvening at 8:00 p.m. Boyd Bailey, recently hired engineering technician was introduced to Council. Council agreed with Planner Mike Wozniak's recommendation that a special council meeting be scheduled on February 14, 1989, at 7:30 p.m. to initiate Council discussion on the proposed zoning ordinance. See Clerk's File 1989 -3. 172 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 1989 MOTION by Wippermann to approve the consent agenda subject to a change to paragraph 8, first sentence, page 4 to read: Motion by Wippermann to exclude County Road 38 from the Dakota County Managers position statement regarding cross county highways and to support the 160th /170th Street corridor. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -3. City Engineer Rich Hefti updated Council on his recent meeting with the city's consulting traffic engineer and the county's traffic engineer regarding the consultant's study and report of the Canada Avenue /County Road 42 intersection. In order for the county traffic engineer to comment on the recent report of this intersection, Hefti advised the City Council will have to make a request that the County Board direct its traffic engineer to make such comments and recommendations. Hefti also advised he will be forwarding a letter to the Department of Transportation requesting they maintain the original timetable for the signalization of TH3 and CR42 even though the TH3 reconstruction project has been designated as a 1991 project by the state. See Clerk's File 1989 -3. MOTION by Hoke to request the County Board to direct its traffic engineer to make a recommendation regarding Glen Van Wormer's December, 1988 report on Canada Avenue and County Road 42 intersection. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Parks and Recreation Director David Bechtold and Engineering Technician Boyd Bailey presented for Council review and approval the final Jaycee Park Grant Application to be submitted to the Department of Economic Trade and Development for financial assistance in the development of Jaycee Park. The grant could provide financial assistance in the amount of $35,000 based upon a fifty percent matching by the city. Bechtold discussed with Council the layout of the park proposed for soccer, football and baseball fields, ice rinks, play equipment area and park shelter. Discussion also ensued on the proper width of the soccer fields and the appropriate lighting to minimize glare to the residents. See Clerk's File 1989 -3. MOTION by Oxborough to adopt A RESOLUTION OF LOCAL APPLICANT FOR ROSEMOUNT JAYCEE PARK. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk presented the 1989 -1990 police union contract for Council approval. MOTION by Wippermann to approve the 1989 -1990 contract between the City of Rosemount and LELS and to authorize the mayor and city administrator to sign the appropriate documents. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Parks and Recreation Director David Bechtold reviewed the quotes received for the purchase and installation of fence into the athletic areas of fields four and five of Erickson Park and 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 1989 recommended that Council approve the purchase of a ten foot high fence from Dakota Fence. See Clerk's File 1989 -3. MOTION by Napper to authorize the purchase and installation of a ten foot high fence and award the purchase to Dakota Fence in the amount of $13,280. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Councilmember Napper updated Council on the recent meeting of the site committee for the Oxbow /Biosyn project advising the company is considering a third site at Continental Nitrogen. Council reviewed the specifications for a hydro static tractor mower with three decks for use in the park system. Parks and Recreation Director David Bechtold requested authorization to advertise for bids with receipt of bids until February 9, 1989, at 10:00 a.m. See Clerk's File 1989 -3. MOTION by Napper to authorize the advertisement of bids for a hydro static tractor mower with a bid opening date of February 9, 1989, at 10:00 a.m. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Engineer Rich Hefti presented the bids received on January 6, 1989 for two 4 x 4 pickup trucks and one command vehicle to be used by the fire department. See Clerk's File 1989 -3. MOTION by Oxborough to receive the bids and approve the purchase of two 4 x 4 pickups from Jim Haugen Ford- Mercury in the amount of $30,110 and also approve the air conditioning option for $655 for each vehicle. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Hoke to receive the bid for the fire department command vehicle and to approve the purchase from Jeff Belzer's Todd Chevrolet in the amount of $16,700. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Engineer Rich Hefti requested approval to purchase a one half ton pickup and a one ton 4 x 4 pickup through the Hennepin County Cooperative Purchasing agreement with the bids being awarded to Thane Hawkins Polar Chevrolet. See Clerk's File 1989 -3. MOTION by Napper to approve the purchase of a one -half ton pickup truck through the Hennepin County Purchase Agreement in the amount of $9,892. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Napper to approve the purchase of the one ton 4 x 4 dump truck through the Hennepin County Purchase Agreement in the amount of $14,232. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 1989 Council reviewed the bids received for City Contract 1988 -9, Limerick Way Watermain. City Engineer Hefti advised the bids are approximately two percent over the feasibility report estimate, but the developer indicated the bid was acceptable to him. See Clerk's File 1989 -3. MOTION by Napper to accept the bids and award the contract for the Limerick Way Watermain project to T and S Excavating in the amount of $21,261. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Council reviewed the recommendation received from Finance Director Don Darling to hire Denise Werner for the position of deputy registrar clerk with a starting date of February 6, 1989. See Clerk's File 1989 -3. MOTION by Hoke to approve Denise Werner for the deputy registrar clerk position with a starting salary of $17,625. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Hoke to approve the agreement between the City of Rosemount and Dakota Electric Association for extension of the franchise agreement for a period of three months. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk informed Council of the application by Ronald L. Jacobson for an at -large seat on the University of Minnesota Board of Regents. Mayor Hoke advised he will be sending letters to several legislators requesting their support for the candidacy of Mr. Jacobson. Council extended their appreciation and support to Mr. Jacobson at the meeting. See Clerk's File 1989 -3. MOTION by Hoke to adopt A RESOLUTION OF SUPPORT FOR THE CANDIDACY OF MR. RONALD JACOBSON TO THE POSITION OF REGENT TO THE UNIVERSITY OF MINNESOTA. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk advised Decision Resources has completed the telephone poll for the citizens attitude survey. Discussion ensued on the schedule for presentation of the results to City Council, staff, the advisory committee and the public. Council agreed Decision Resources should be invited to present the results of the survey at 8:30 p.m. at the February 7, 1989 council meeting. Administrator Stephan Jilk reported on the purchase of property for the armory, and the assistance by the County HRA to relocate the existing tenant. Jilk advised staff will be meeting with the guard next week to discuss location of the armory on the site. The administrator reported the Cable Commission presented the final draft of the cable franchise to Star Cable; and with a couple of exceptions, Star Cable has agreed to the revisions. Councilmember 4 ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 1989 S san M. J n, Deputy Clerk �lsci an Jilk, Administrator /Clerk Published this /(o of Gitaa },y, 1989 in Dakota County Tribune. Q ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, February 7, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. MOTION by Wippermann to approved the consent agenda as presented. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -4. 175 Walsh advised the revisions include an increase in franchise fees, a step up in public relations by the cable firm and wiring of city hall for cable capability. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Respectfully submitted, Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. A recess was called to allow the continuance of the City HRA meeting with the Council meeting reconvening at 8:45 p.m. The following items were added to the agenda: Item 9(j) Insurance Claim Release Approval and Item 11(b) Affirmative Action Plan Update. The following items were deleted from the agenda: Item 9(b) Land Use Policy Discussion and Item 9(c)State Auditor's Report Financial Health Profile. Tracie Pechonick, the city's new Economic Development Specialist, was introduced to the Council. An update to the city's recycling program was provided by Community Development Director Dean Johnson. Johnson advised containers will be delivered to the residents during the week of February 20, 1989. 176 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 1989 MOTION by Walsh to approve the election of John Strese as Assistant Fire Chief and Robert Tabery as Secretary for the Fire Department for a term of one year. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. See Clerk's File 1989 -4. MOTION by Walsh to approve the leave of absence from the Fire Department for Mike McDonough beginning February 1, 1989 for a maximum of one year. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. See Clerk's File 1989 -4. Mayor Hoke conducted the swearing in of Fire Department officers Strese and Tabery. The Council congratulated Officers John Strese and Robert Tabery on their election and appointment to office. Mayor Hoke suspended the regular meeting to conduct a public hearing scheduled for this time. Mayor Hoke opened the public hearing to consider a zoning interpretation appeal of the Planning Commission by Dale Helwig. The administrator /clerk had in his presence the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -4. City Planner Mike Wozniak advised Council of the Planning Commission's decision to deny Mr. Helwig's request to recognize his 2.28 parcel located off of County Road 42 as a legal lot of record to allow issuance of a building permit, and Mr. Helwig's appeal to this decision. City Planner Wozniak informed Council Mr. Helwig's attorney contacted the city and requested that the appeal be dropped if the city would consider an abatement of a special assessment on the property. Wozniak advised staff's recommendation at this time would be to abate the assessment if the appeal is not pursued. Wozniak recommended that council consider the abatement request at a later date to allow staff to complete discussions with Mr. Helwig and his attorney. MOTION by Walsh to close the public hearing. SECOND by Oxborough. Ayes: 5. Nays: 0. MOTION by Walsh to table any action until staff has determined the appropriate abatement process for the petitioner and the necessary documents have been prepared for council approval. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke Nays: 0. Regular agenda discussion resumed at this time. Council discussed the proposed amendment to the zoning ordinance to eliminate landfills as a permitted use. This item was deferred from the January 3, 1989 regular council meeting. Council reviewed the recommendations received from staff and the city attorney to adopt a moratorium on landfills in lieu of the interim amendment proposed at January 3, 1989 public hearing. Community Development Director Dean Johnson advised the moratorium will provide the city the opportunity 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 1989 to include the issues of landfills within the context of the entire new zoning ordinance, as well as tie into the time table of the ordinance review process. City Administrator Steve Jilk read the proposed ordinance. City Attorney David Grannis advised the ordinance would temporarily prohibit issuance of land use approvals and building permits for landfills, but would not prohibit discussion on this issue. He further added the moratorium could be removed through adoption of an ordinance. See Clerk's File 1989 -4. 3 177 MOTION by Napper to adopt AN INTERIM ORDINANCE TEMPORARILY PROHIBITING ISSUANCE OF LAND USE APPROVALS AND BUILDING PERMITS FOR LANDFILLS AND SIMILAR USES. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Napper to adopt a RESOLUTION DIRECTING THE CITY'S PLANNER TO PREPARE A STUDY OF APPROPRIATE ZONING CONTROLS FOR LANDFILLS AND SIMILAR USES. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Hoke to table indefinitely any action on the proposed amendment to the zoning ordinance. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. City Planner Mike Wozniak presented for Council consideration the proposed settlement received from the attorney for Richard Schuh, the subcontractor possessing the rights to the stockpiled sand and gravel located at the intersection of County Road 42 and Emory Avenue, and owned by Pine Bend Development. Wozniak advised that following the Council's denial to extend the grading permit to allow 50,000 cubic yards of sand and gravel to remain stockpiled on the site; the applicant was contacted and informed the restoration must be completed by December 22, 1988, or the city would have to take the necessary action to restore the site including utilizing the $10,000 performance bond provided by Bituminous Materials, Inc. Council reviewed a letter received from City Attorney Roger Knutson recommended that the city accept the proposal and allow an extension of the grading permit to October, 1989 subject to certain conditions. Councilmember Napper concurred with the city attorney's recommendation but advised the city should scrutinize future grading permits to assure the performance bond is the appropriate amount. See Clerk's File 1989 -4. MOTION by Hoke to accept the proposal from Richard Schuh and to allow the extension of the grading permit subject to execution of an agreement stating the mining conditions in the proposal. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. 178 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 1989 Bill Morris and Diane Traxler of Decision Resources presented an overview of the results of the citizens attitude survey. They answered several questions from council, staff and the audience. See Clerk's File 1989 -4. A recess was called at 9:20 p.m. with the meeting reconvening at 9:30 p.m. Councilmember Walsh left his chair at 9:30 p.m. Council reviewed the application for mining permit received from Bituminous Materials, Inc. for an 80 acre site located immediately south of Solberg Aggregate on Trunk Highway 56. City Planner Wozniak reviewed the conditions of the sand and gravel mining permit and advised the Planning Commission has reviewed the application and recommended its approval subject to several conditions. Councilmember Napper expressed concerns that the limited access to the site may jeopardize public safety and requested that an annual review of traffic accidents be completed. See Clerk's File 1989 -4. MOTION by Napper to table any action on the sand and gravel mining permit applied for by Bituminous Materials, Inc. until the conditions of the permit details safety issues. SECOND by Hoke. Ayes: Oxborough, Napper, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk presented for Council's final approval the Public Works, Teamsters Local 320, Union Contract for 1989 and 1990. Jilk commented he has discussed with union representatives a different approach to the salary scale. The union representatives have indicated they will consider further discussion on the salary scale concept, but have requested that the contract be adopted. See Clerk's File 1989 -4. MOTION by Wippermann to adopt the Public Works Union Contract, Teamsters Local 320, for 1989 -1990. SECOND by Hoke. Ayes: Napper, Wippermann, Hoke, Oxborough. Nays: 0. City Engineer Rich Hefti presented for Council approval a resolution to adjust the water, sanitary sewer and storm sewer connection charges and to reinstate a water surcharge. The revised connection charges will be effective immediately, and the surcharge will become effective July 1, 1989. Hefti advised the connection charges would be increased two percent. The surcharge is one -half of the surcharge instituted several years ago and will provide revenue for repaying bonds for financing of the well and tower. See Clerk's File 1989 -4. MOTION by Hoke to adopt A RESOLUTION ESTABLISHING WATER AND SEWER RATES, CHARGES AND DEPOSITS. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Napper to set a special meeting of the City Council to meet as the Rosemount Board of Review /Equalization on May 23, 1989, at 7:30 p.m. in the Council Chambers. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Wippermann. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 1989 179 City Administrator Stephan Jilk recommended approval of Police Chief Staats' recommendation to hire Karen Kelly for the part time secretary position as outlined in his memorandum of February 2, 1989. See Clerk's File 1989 -4. MOTION by Napper to approve the hiring of Karen Kelly for the position of part time policy department secretary at a starting salary of $7.50 an hour. SECOND by Oxborough. Ayes: Oxborough, Napper, Wippermann, Hoke. Nays: 0. City Administrator Stephan Jilk presented an offering through the League of Minnesota Cities for workers' compensation for elected officials while performing duties. The annual cost for each person is $12.75 a year. See Clerk's File 1989 -4. MOTION by Napper to approve the expenditure for the workers' compensation insurance for elected officials. SECOND by Oxborough. Ayes: Napper, Wippermann, Hoke, Oxborough. Nays: 0. Council reviewed the proposed change to the Rosemount Housing and Redevelopment By -Laws as outlined in the city administrator's memorandum dated February 3, 1989. The basic change would call for regular meetings of the authority to be held twice a month rather than once a month and a starting time of 6:30 p.m. rather than 7:00 p.m. See Clerk's File 1989- 4. MOTION by Wippermann to adopt the Rosemount Housing and Redevelopment Authority By -Laws as presented. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper. Nays: 0. Council reviewed the preliminary draft of the park dedication agreement between the city and the Kelly Estate for 20 acres of park land to be utilized for joint city and school use. Community Development Director Dean Johnson updated council on the several meetings that have been held with school district representatives regarding the proposed elementary school in the northwest area of the city. Johnson further reviewed the time line chart for the elementary school project. Johnson requested Council approval of the agreement with minor changes to be incorporated in the final draft. See Clerk's File 1989- 4. MOTION by Hoke to approve the park dedication agreement subject to the noted changes and to authorize the necessary signatures. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Wippermann. Nays: 0. Community Development Director Dean Johnson presented the bids received on a seven passenger mini van and a four by four pickup for general administration and building inspection purposes. See Clerk's file 1989 -4. 5 [80 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 1989 MOTION by Napper to approve the purchase of a 1989 Plymouth Voyager SE in the amount of $13,807.57 and to award the bid to Sunnyside Chrysler Plymouth. SECOND by Hoke. Ayes: Oxborough, Napper, Wippermann, Hoke. Nays: 0. MOTION by Napper to approve the purchase of a 1989 Ford F -150 pickup truck in the amount of $12,203.00 and to award the bid to Freeway Ford. SECOND by Oxborough. Ayes: Napper, Wippermann, Hoke, Oxborough. Nays: 0. City Administrator Stephan Jilk recommended that council approve the execution of a release and confirmation letter regarding an insurance settlement as the result of an individual that tripped while ascending the steps at city hall. The contractor who built the steps was asked to reimburse the city's insurance company for the claim and to repair the uneven steps that caused the accident. Jilk advised the contractor is requesting confirmation of the work performed and release of further liability arising out of the injury sustained. See Clerk's File 1989 -4. MOTION by Hoke to approve the letter of confirmation confirming the work has been done satisfactorily to correct the uneven step. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper. Nays: 0. Motion by Napper to execute the release as proposed by the city's insurance adjuster. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: O. Mayor Hoke discussed the community involvement process he recently distributed to the Citizens Advisory Committee and requested Council's input or concerns regarding time lines of the process, the participation of the advisory council, city council, commission and committee members in evolving the final recommendations and guidelines from the data gathered from the survey, town meetings, and urban design team and a projected date for a future town meeting. Mayor Iloke advised the advisory council will be putting together preliminary recommendations from the citizens attitude survey and suggested a meeting between the advisory council and staff before final recommendations are made to Council. Mayor Hoke presented discussion on establishing guidelines for the downtown area and the role of the City HRA and Council in setting up such guidelines. Following discussion, Administrator Jilk advised staff will present a methodology for approaching this issue at the next council meeting. Mayor Hoke reported on the Dakota County Resource Recovery EAW public meeting held at the Rosemount High School on January 25, 1989. Mayor Hoke commented on the large number of people who voiced their opposition to disposal of solid waste by incineration. Administrator Stephan Jilk advised council of recent meetings regarding the armory project and the discussion on the specific 6 1 j ATTEST: 4c ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 1989 location of the armory and city owned buildings which may be built in conjunction with the armory. The administrator advised the funding for this project has been included in this biennium to Congress which could possibly move construction ahead to 1991 rather than 1992 or 1993. The type of unit to be built will be the headquarters for an engineering battalion. Administrator Jilk also informed council of his and Dean Johnson's trip to Brainerd and Camp Ripley to view a new armory under construction. The administrator advised the city's Affirmative Action Plan is almost complete and will be presented to Council in the near future. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 4. Nays: O. Respectfully submitted, S san M. Johnson, Deputy Clerk "f!x Stephan Jilk,/Administrator /Clerk No Published this ov day of mii1 1989 in Dakota County Tribum ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 14, 1989 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was held on Tuesday, February 14, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Acting Mayor Walsh called the meeting to order with Mayor Hoke and Councilmember Oxborough absent. Acting Mayor Walsh led the group in the Pledge of Allegiance. Council conducted their first review of the proposed zoning ordinance. Staff members provided an overview of the revised ordinance and explained the most obvious issues of concern. Council agreed several of the items discussed this evening warranted further discussion. See Clerk's File 1989 -5. MOTION by Wippermann to adjourn. SECOND by Walsh. Ayes: 3. Nays: 0. 182 Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 14, 1989 Respectfully submitted, son M. on, Deputy ATTEST: tepha Jilk, min1strator /Clerk Published this pZ day of 7Vot.le,A„ 1989, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGUALR MEETING FEBRUARY 21, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, February 21, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 6(h) Approval for Training Fire Department Member; Item 7(b) Volunteers of America Proclamation and Item 7(c) U of M Advisory Committee Minutes. City Engineer Rich Hefti provided an update regarding the construction of the rural water system in east Rosemount advising the system should be hooked up sometime in March, 1989. MOTION by Walsh to approve the consent agenda as presented. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -6. City Planner Michael Wozniak reviewed with Council the additional condition of the Bituminous Materials, Inc. mining permit which Council directed staff to include in the permit at the February 7, 1989 Council Meeting. The condition would cause the city to retain the right to revoke or fail to renew the permit if an unsatisfactory safety record was exhibited by Bituminous Materials, Inc. vehicles. Discussion followed regarding the trucks entering and exiting the site at the TH 56 median immediately north of the site and the CR 42 and TH56 intersection. Councilmember Napper expressed concern when the trucks would use the CR 42 /TH 56 intersection as a turn around point for south bound trucks and recommended that the city request input and comments from the county traffic engineer. See Clerk's file 1989 -6. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 1989 Administrator Stephan Jilk reviewed the Financial Health Profile published by the State Auditor. Council reviewed the draft of the ordinance to revise the City Code to reflect workers compensation coverage for city elected officials. Councilmember Napper requested that other sections addressing compensation be reviewed at a future meeting. See Clerk's File 1989 -6. MOTION by Walsh to adopt AN ORDINANCE AMENDING TITLE I, CHAPTER SIX, SECTION 1 -6 -1 OF THE ROSEMOUNT CITY CODE. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Administrator Stephan Jilk reviewed the second draft of the Affirmative Action Plan proposed for the City of Rosemount. Jilk advised the plan will be presented to the State of Minnesota Department of Human Rights. Upon acceptance by the state, Council will be requested to formally adopt the plan. See Clerk's File 1989 -6. Community Development Director Dean Johnson discussed a proposed process for developing guidelines for the central business district. Johnson advised his department will conduct a review of the literature on the many facets of downtown design and will prepare a summary of a telephone survey of several cities to determine what has taken place in other areas, methods of developing guidelines and a recommended process to set the guidelines. These assignments will be combined with the information received from the Urban Design Team, citizens attitude survey and citizens advisory committee to produce a direction for establishing the guidelines. Considerable discussion followed on whether the input gathered from the community involvement process should be used in the review of current and future projects, specifically HRA projects, before the guidelines for the downtown area are formally adopted. See Clerk's File 1989 -6. MOTION by Hoke to request the city Housing and Redevelopment Authority to consider the various pieces of community input that have been received through the community involvement process. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Parks Recreation Director David Bechtold presented the bids received on February 9, 1989 for the hydro- static tractor mower with three decks. MacQueen Equipment, Inc. submitted the low bid in the amount of $36,629, less $1,700 for the trade in of a 1981 Toro tractor mower. Bechtold recommended acceptance of the lowest responsible bid. See Clerk's File 1989 -6. 2 183 184 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 1989 MOTION by Oxborough to accept the bids and authorize purchase of the hydro- static tractor mower from MacQueen Equipment, Inc. for the total amount of $34,929. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Council reviewed the recommendations for traffic control devices at the intersection of Claret Avenue and 156th Street prepared by City Engineer Rich Hefti. Council had directed the city engineer to prepare the report from the petition Council received from several residents in the proximity of this intersection who petitioned a four -way stop at the intersection. City Engineer Hefti recommended the placement of yield signs at the intersection to require Claret Avenue traffic to yield to 156th Street traffic. Residents from the area were present and requested the city to at least consider a two way stop on Claret Avenue, if conditions did not warrant a four -way stop at the intersection. Following further discussion, Council unanimously agreed reconsideration for further traffic control to the intersection should be addressed ninety days after the extension to Cornell Trail is completed. See Clerk's File 1989 -6. MOTION by Hoke to adopt A RESOLUTION DIRECTING PLACEMENT OF TRAFFIC CONTROL SIGNS AT THE INTERSECTION OF CLARET AVENUE AND 156TH STREET, SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Consulting Engineer Henry Osmundson from OSM reviewed with Council the feasibility report for Shannon Parkway utilities and street improvements between Country Hills 3rd and the Shannon Oaks Additions. The consulting engineer addressed the sanitary sewer, watermain, storm drain, streets and street lighting for this project. Councilmember Wippermann expressed concern that providing utilities to the areas adjacent to Shannon Parkway would cause land use decisions without the benefit of citizen input through the public hearing process and further would possibly preclude this area from being developed rural residential. See Clerk's File 1989 -6. MOTION by Walsh to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT #194, SHANNON PARKWAY IMPROVEMENTS, AND CALLING FOR PUBLIC HEARING TO CONSIDER THE PROJECT. SECOND by Hoke. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: Wippermann. Consulting Engineer Steve Campbell from SEH provided an overview of the feasibility report for street and utility construction for West Ridge 3rd Addition, City Project No. 195. The consulting engineer provided cost estimates for the construction of sanitary sewer, watermain, storm sewer and street facilities for a total estimated cost of $490,000. The public hearing was recommended to be scheduled for March 21, 1989, at 8:00 p.m. at city hall. See Clerk's File 1989 -6. MOTION by Hoke to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT #195, WEST RIDGE 3RD ADDITION UTILITY AND STREET IMPROVEMENTS, AND CALLING FOR A PUBLIC HEARING TO CONSIDER 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 1989 THE PROJECT. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. The city's financial consultant, Jerry Shannon, Springsted, Inc. recommended to Council that the city offer for sale on Tuesday, March 21, 1989, bonds in the amount of $1,320,000 for the funding of water tower #2 and well #8. See Clerk's File 1989- 6. MOTION by Walsh to adopt a RESOLUTION PROVIDING FOR THE PUBLIC SALE OF $1,320,000 GENERAL OBLIGATION REVENUE WATER BONDS, SERIES 1989a. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Economic Development Specialist Tracie Pechonick and Administrator Stephan Jilk discussed with Council the concept of publishing a community newsletter to residents and businesses. Pechonick proposed a quarterly newsletter and utilizing the professional editing of Walker Enterprises for the formatting and printing of the publication. The administrator reviewed the funding available for this year's publications and stated he hoped the first newsletter could be published fairly quickly to include the summer programs for the parks and recreation department. The administrator proposed that Council review the draft of the first issue and a process be established to utilize council input on subsequent issues. See Clerk's File 1989 -6. MOTION by Hoke to support the concept of a Rosemount community newsletter and to direct the economic development specialist to meet with Walker Enterprises to work out a production schedule. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Deputy Clerk Susan Johnson reviewed with Council her memorandum dated February 17, 1989 regarding the purchase of blinds for areas of city hall. Following discussion of the specific recommendations, Council unanimously agreed the windows of the council chambers should not be included in the recommendations for window treatment. See Clerk's File 1989- 6. MOTION by Hoke to concur with the deputy clerk's recommendations outlined in the memorandum dated February 17, 1989 regarding Item #1 and Item #4. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Engineer Rich Hefti requested Council authorization to advertise for the position of Mechanic I. See Clerk's File 1989 -6. 185 186 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 1989 MOTION by Walsh to authorize the advertisement for a Mechanic I position. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Oxborough to approve the expenditure for fire department member Dan McMenomy to attend a conference on February 24 -26, 1989. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke recommended that a workshop regarding the citizens attitude survey be scheduled for March 28, 1989 in the Council Chambers. Mayor Hoke proposed that the citizens advisory committee present their preliminary recommendations to the council, commissions /committee and staff with representatives of Decision Resources as the facilitators at this workshop meeting. Council concurred with this meeting date. Mayor Hoke proclaimed March 5 -12, 1989 Volunteers of America Week in the City of Rosemount. Mayor Hoke commented on the minutes of the January 27, 1989 Rosemount Advisory Council addressing the activities of the sub- committee for the advisory council on agricultural issues. Mayor Hoke commended the sub committees' efforts to develop a more positive image of the University of Minnesota agriculture area by encouraging public use of the area through gardening and landscaping displays, trails and tours. Administrator Stephan Jilk, who is a member of the sub committee, attested to the subcommittee members' desire to convince the public the agricultural station is for the public's use. The administrator hoped the Research Center on the university property would develop the same type of attitude in working with the community in planning for the future use of that property. Mayor Hoke and the councilmembers thanked Dean Johnson and other staff members for their hard work and efforts in getting the recycling program initiated in Rosemount. Administrator Stephan Jilk updated Council on the continued meetings with officials from Northern States Power, Dakota Electric and Star Cable regarding utility franchises with the city. Administrator Stephan Jilk informed Council of a recent meeting with county officials regarding the site for the resource recovery facility. City staff was informed that the Minnesota Pollution Control Agency requested that the county expand their site selection search outside the Pine Bend Area. The county chose eight additional sites with the two primary sites being located on Highway 52 south of Coates and on a Highway 3 site in Empire Township and Rosemount. The administrator advised the county physical development committee at their meeting this date elected not to be the lead agency for the reconstruction of the intersection of Highway 3 and County Road 42; 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 1989 187 and suggested that the city take the lead in this project if the city wanted to see the project completed earlier than the 1992 or 1993 State project schedule. The administrator suggested that staff be allowed to meet with the engineering consultants regarding costs and time lines on the project and report to Council at a future meeting. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST: Respectfully submitted, S an M n on, Deputy Clerk Stepan Jilk. "Administrator /Clerk Published this Widay of j/l/j/yit, 1989, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, March 7, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann and Napper present. Councilmeinber Oxborough was absent. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended as follows: Item 3(c) Recycling Update, Item 4(j) Set Hearing Date for Variance Appeal, and Item 5(e) Kelley Property Land Use Discussion were added to the agenda. Item 5(d) Resource Recovery was deleted from the agenda. Recently hired employees, Debbie Widstrom, Receptionist; Denise Werner, Deputy Registrar Clerk; and Karen Kelly, Police Department Secretary, were introduced to Council. Fire Chief Scott Aker reviewed with Council the Rosemount Fire Department Annual Report dated March, 1989. See Clerk's File 1989 -7. Community Development Director Dean Johnson reported on the city's recycling program after one week in service. Johnson commented that participation on a city wide basis was very good. 188 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 1989 MOTION by Wippermann to approve the Consent Agenda as presented subject to a correction to page 2, paragraph 2, 1st sentence to read: Motion by Hoke to request the city Housing and Redevelopment Authority to consider the various pieces of community input that had been received through the community involvement process. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. See Clerk's File 1989 -7. Council reviewed the Bituminous Materials, Inc. sand and gravel mining permit for an 80 acre site located on TH56 immediately south of Solberg Aggregate. City Planner Michael Wozniak advised Council the county traffic engineer was requested to comment on a safety concern expressed by Councilmember Napper regarding the impact of truck traffic at the CR42 /TH56 intersection. Wozniak referred to a letter received from Peter Sorenson, Dakota County Traffic Engineer, who indicated that the Department of Transportation has jurisdiction over the intersection, and any changes or restrictions would have to be determined by that department. Wozniak noted that based on a previous meeting with MnDOT District 9 staff to discuss the mining proposal, the access restrictions were agreed to by that staff, and Wozniak felt that MnDOT staff would not recommend any changes to the intersection. Councilmember Walsh requested that mining operations be monitored on a regular basis by the city and suggested that aerial photographs be taken of the operation as part of the annual renewal of the permit. See Clerk's File 1989 -7. MOTION by Walsh to authorize the mining permit for Bituminous Materials, Inc. subject to the conditions as proposed. SECOND by Hoke. Ayes: Wippermann, Hoke, Walsh. Nays: Napper. MOTION by Walsh to set a special council meeting work session to continue Council review of the proposed zoning ordinance on Thursday, March 30, 1989, at 6:30 p.m. and to adjourn no later than 10:30 p.m, at City Hall. SECOND by Hoke. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk reviewed with Council the Draft Environmental Impact Statement presented by the Metropolitan Council as drafted by the Site Evaluation Committee for the Environmental Quality Board for the cogeneration plant proposed by Oxbow Power Corporation. Councilmember Napper, a member of the Site Evaluation Committee, reviewed the three sites proposed for the project. Council unanimously objected to the southern alternate site stated in the statement with Council requesting Councilmember Napper to inform the committee of the Council's objection at the appropriate time. Councilmember Napper advised he will keep Council informed on the progress of the site selection. See Clerk's File 1989 -7. Community Development Director Dean Johnson provided an update on the elementary school /city park development and requested Council to approve the low hid on the city park site, as received and conditionally approved by the Independent School District 196 Board of Education. Johnson informed Council of the city's commitment to cost sharing in the boundary survey, topographical survey and 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 1989 189 grading plan for the development, amounting to approximately $10,000; and the agreement to share in the cost of relocating fences on the Kelley property as a condition of the land transfer. See Clerk's File 1989 -7. MOTION by Hoke to approve the expenditure of $28,700 for the park site grading for the elementary school /city park development. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. Councilmember Wippermann requested discussion on the Council's acceptance at the February 21, 1989 Council meeting of the feasibility report for Shannon Parkway street and utilities improvements, City Project 194. Councilmember Wippermann expressed concern that the extension of sanitary sewer and watermain services, as a part of this improvement project, would preclude the areas adjacent to Shannon Parkway from being developed RR rural residential. Councilmember Wippermann suggested that staff enter into negotiations with the owner of the Kelley property to ascertain whether the Kelley property could be rezoned from R -1 Single Family Residential to rural residential throughout or if a buffer area could be designated to provide a natural transition from R -1 to RR Rural Residential to prevent the abutment of 18,000 square foot lots against 200,000 square foot lots. Wippermann felt that in an attempt to maintain the rural atmosphere desired by a large percentage of city residents, as indicated through the community involvement process, that all areas approximately north of 135th Street both east and west of Highway 3 be maintained and expanded as rural residential. Councilmember Wippermann further requested that the city's consulting engineer for Project 194 provide a means of delaying the extension of sewer and water in this project until there is a better understanding of what will happen to the bordering property. Considerable discussion followed with Community Development Director Dean Johnson providing background on how certain areas of the northern portion of the city became zoned and included in the city's urban service area. MOTION by Wippermann to direct staff to research and report to Council what would be required in order to maintain the northern portion of the Kelley property in a rural residential character. SECOND by Napper. Discussion followed regarding the intent of Councilmember Wippermann's motion. Mayor Hoke stated he felt a yes vote to the motion would imply one is in favor of rural residential in that particular area. Councilme:nbe_r Wippermann stated his motion is a request for staff to communicate to Council the process involved if Council would deem it appropriate to change the designated land use. Councilmembers Napper and Walsh agreed to a review of the process for this issue and future land issues. 190 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 1989 MOTION by Walsh to direct staff to research the legal ramifications of rezoning the area from R -1 to RR, the necessary steps to change the Comprehensive Guide Plan and the necessary steps to change the Urban Service Area. SECOND by Napper. Ayes: Walsh, Wippermann, Napper. Nays: Hoke. Poll of original motion: Wippermann, Napper, Walsh. Nays: Hoke. Consulting Engineer Steve Campbell provided an overview of the feasibility report for Valley Oak Addition Replat, Phase IV, street and utilities improvements. The engineer described the sanitary sewer, watermain, drainage, street and street lighting improvements and provided cost estimates for each. The total estimated project cost is $235,000. The engineer recommended that the public hearing to consider the improvements be held on Tuesday, April 4, 1989, at 8:00 p.m., or as soon thereafter as possible. See Clerk's File 1989 -7. MOTION by Walsh to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT 1196, VALLEY OAK ADDITION REPLAT, PHASE IV, UTILITY AND STREET IMPROVEMENTS, AND CALLING FOR A PUBLIC HEARING TO CONSIDER THE PROJECT. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk informed Council of the notification received from the State of Minnesota Department of Human Rights that the city's Affirmative Action Plan was approved. The administrator highlighted areas of the plan and requested Council's adoption of it. See Clerk's File 1989 -7. MOTION by Wippermann to adopt the Affirmative Action Plan. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. Council reviewed the information presented by City Administrator Stephan Jilk regarding city council salaries and per diem payments. Council requested the administrator to put together several options regarding per diem payments to be reviewed at a future date. See Clerk's File 1989 -7. MOTION by Walsh to approve and ratify the amendments to Article I, Section 3, and Article IV, Section 1, of the Bylaws of the Rosemount Firemen's Relief Association. SECOND by Hoke. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. Council unanimously agreed it would not be necessary to meet with the Urban Design Team to discuss their recommendations and findings. Mayor Hoke suggested that staff submit a report regarding staff discussion with the Urban Design Team regarding their meeting on March 13, 1989 at the March 21, 1989 Council meeting. Mayor Hoke provided an update on the Citizens Advisory committee meetings. 1 Administrator Stephan Jilk reported on the first meeting of the Armory Committee held on February 28, 1989. The next meeting is scheduled for March 13, 1989. Jilk advised a press release will be prepared to solicit comments from residents on potential uses of a proposed community center and to advise residents of the committee's work. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes; 4. Nays: 0. ATTEST: Jilk, C Stepp h lk ministrator Published thi'sl 4'± day of Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 7, 1989 Respectfully submitted, Susan M. Joofns n, Deputy Clerk 1989 in Dakota County ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 1989 191 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, March 21, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. MOTION by Wippermann to approve the Consent Agenda as presented. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -8. As directed by Council at the March 7, 1989 Council meeting, Community Development Director Dean Johnson outlined the process required to reverse the designation of urban residential to rural residential on the Kelley Trust property and the legal implications of such a change regarding downzoning and changes in the Comprehensive Guide Plan as outlined in his memorandum dated March 16, 1989. Council concurred any comments or questions on the process and legal implications would be addressed as part of the Shannon Parkway improvements public hearing. See Clerk's File 1989 -8. 192 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 1989 Jerry Shannon of Springsted, financial consultant for the city, presented the bids for the $1,320,000 General Obligation Revenue Water Bonds which will be used to finance a new water tower and a well and pumphouse. The bids were opened by City Treasurer Don Darling at 12:00 noon this date. The financial consultant recommended the bond sale be awarded to Dougherty, Dawkins, Strand Yost, Incorporated at a net interest rate of 7.3199 See Clerk's File 1989 -8. MOTION by Walsh to adopt a RESOLUTION ACCEPTING BID ON SALE OF $1,320,000 GENERAL OBLIGATION- REVENUE WATER BONDS, SERIES 1989A, AND PROVIDING FOR THEIR ISSUANCE. SECOND by Napper, Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Economic Development Specialist Tracie Pechonick requested Council's approval to begin working with Walker Enterprises on the first issue of the community newsletter. Pechonick noted the first issue would consist of ten pages which would include a six page insert for the park and recreation department summer programs at a cost of $3,800. Mayor Hoke recommended the newsletter be distributed by bulk mailing rather than through the ADS programs even though there would be an additional estimated cost of $400. See Clerk's File 1989 -8. MOTION by Wippermann to proceed with the newsletter project as presented by the economic development specialist and to distribute the newsletter through bulk mailing. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Community Development Director Dean Johnson acknowledged receipt by the city from the Metropolitan Council the background materials regarding the scoping Environmental Assessment Worksheet (EAW) prepared by United States Pollution Control, Inc. to construct in the Pine Bend area ten containment cells for industrial waste. A public meeting is scheduled on April 24, 1989, at 7:00 p.m., at Rosemount High School to solicit comments on the proposal. Johnson advised staff will prepare comments on the EAW and submit for Council review in the near future. See Clerk's File 1989 -8. Councilmember Napper reported on the final meeting of the Environmental Quality Board site committee appointed to review the cogeneration plant proposed by Oxbow Power Corporation. As chairperson of this committee, Councilmember Napper advised it was the consensus of the committee that the Continental Nitrogen site and the applicant's preferred site were basically the same site since the two sites are in close proximity to one another, but four of the members of the committee had a slight preference for the applicant's preferred site. A short recess was called at 7:58 p.m. with the meeting continuing at 8:00 p.m. Mayor Hoke opened the public hearing scheduled at this time to consider City Project 195, West Ridge 3rd Addition Street and Utility Improvements. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 1989 193 The deputy clerk had in his presence the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -8. City Engineer Rich Hefti provided the chronological events leading to the public hearing and noted the proposed project is the result of receiving a 100% petition from the owner /developer of the property. Consulting Engineer Steve Campbell identified the project as located in the southwest corner of Section 31 and reviewed the proposed improvements and estimated costs associated with each improvement. The total estimated project cost is $490,000. The consulting engineer advised the estimated assessable cost is $454,000 to be assessed against 41 lots. The engineer also advised approximately $27,000 and $9,000 are core costs to be charged against the sanitary sewer and storm water core facility funds respectively. There were no questions or concerns from the audience regarding this public hearing. MOTION by Napper to close the public hearing. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Napper to adopt A RESOLUTION FOR APPROVAL OF WEST RIDGE 3RD ADDITION UTILITY AND STREET IMPROVEMENTS, CITY PROJECT 195. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Napper to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS OF WEST RIDGE 3RD ADDITION UTILITY AND STREET IMPROVEMENTS, CITY PROJECT 195. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Mayor Hoke opened the public hearing to consider Shannon Parkway Utility and Street Improvements between Country Hills 3rd Addition and Shannon Oaks Addition, City Project 194. The deputy clerk had in his possession the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -8. City Engineer Rich Hefti advised the project was initiated by Council to accommodate the new elementary school being built in the middle of Section 19. City Engineer Hefti commented on the the city's commitment to provide utilities and street access to the school. Hefti advised the school district plans to open the school in June, 1990, and it was necessary to implement the project as quickly as possibly Bud Osmundson from the consulting engineering firm of OSM identified the project and advised this project would complete 194 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 1989 Shannon Parkway between Country Hills 3rd Addition and Shannon Oaks. The consulting engineer provided a breakdown of the estimated costs for the watermain, stormwater, sanitary sewer and street improvements. The total estimated cost of the improvements is $1,067,000 with approximately $221,000 to be received as state aid and approximately $125,000 to be expended from core trunk funds. City Engineer Rich Hefti reviewed the proposed assessment methodology proposed for this project. The amount to be assessed is estimated not to exceed $720,000. Discussion ensued between Council and staff regarding the legal and financial implications to the city if the project was not ordered at this time. The city engineer advised commitments with Independent School District 196 for access to the school from the north provides a necessity for completing Shannon Parkway north beyond the school site to Shannon Oaks Addition. He further advised the Kelley Trust property was zoned R -1 Single Family Residential, and Shannon Parkway is the logical utility corridor for extending the sanitary sewer and water services. Hefti stated it would not be as economically feasible to construct the roadway now and install the utilities at a future time. Councilmember Wippermann objected to providing utilities to the Kelley Trust property prior to receiving any development proposal and assurances from the property owner that they will be responsible for the appropriate assessments against the property. Residents living adjacent to the proposed Shannon Parkway project were in the audience and voiced their concerns that the project would jeopardize the open space nature and rural character of the area. Director of Elementary Education Calvin Zwiefel advised the school district purchased the site with the understanding the street would extend north of the school site. He advised students will be bussed from the north, east and west of the school site. MOTION by Napper to close the public hearing. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Councilmember Wippermann stated the community involvement process has identified rural open space as a unique and desirable feature of the community, and one that should be preserved. He expressed concern that approval of this project could prevent the city from being in a position to negotiate for any appropriate transition buffer from R -1 Single Family to RR Rural Residential. Councilmember Wippermann stated he was in support of extending sewer and water utilities up to the school site but not north of the school. Mayor Hoke stated the ongoing community involvement process, attempting to identify the many characteristics of small town ambience, cannot supersede the issue of the present R -1 Single Family Residential zoning of the Kelley Trust Property. Mayor Hoke 4 1 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 1989 195 acknowledged the important role that the rural residential area plays in the community and will continue to play, but stated the city has a legal, fiscal and ethical responsibility to the school district and the Kelley Trust property to go forward with the project. Community Development Director Dean Johnson recommended that the staff contact the Kelley Trust people to receive a written commitment regarding their financial obligations to the project. Johnson stated the commitment could be received prior to Council action on the approval of the plans and specification of the project. MOTION by Hoke to adopt A RESOLUTION FOR APPROVAL OF SHANNON PARKWAY UTILITY AND STREET IMPROVEMENTS, CITY PROJECT 194. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: Wippermann. MOTION by Napper to adopt A RESOLUTION ORDERING THE PLANS AND SPECIFICATION FOR SHANNON PARKWAY UTILITY AND STREET IMPROVEMENTS, PROJECT 194. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: Wippermann. A recess was called at 10:05 with the meeting continuing at 10:15 p.m. Mayor Hoke opened the meeting scheduled at this time to receive comments on Modification V to the Rosemount Redevelopment Plan, adopted by the Rosemount Housing and Redevelopment Authority on February 21, 1989. The deputy clerk had in his presence the Affidavit of Published Notice and Affidavit of Posted Hearing Notice. See Clerk's File 1989 -8. Economic Development Specialist Tracie Pechonick recommended that action be tabled to the April 4, 1989 Council meeting to allow the Dakota County HRA Board to review Modification V at their March 28, 1989 meeting. Council unanimously concurred with this request. There were no public comments received. MOTION by Hoke to close the public hearing. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Rich Hefti advised the Utility Commission approved the plans and specifications for Deep Well #8, Contract 1989 -1 and recommended Council's approval and authorization to advertise for bids with a bid opening date of 10:00 a.m. on April 14, 1989. The contract is for the drilling of the well only. See Clerk's File 1989 -8. 196 MOTION by Walsh to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT OF BIDS, DEEP WELL #8, PROJECT #182. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Economic Development Specialist Tracie Pechonick updated Council provided a brief update on the Star City program. Mayor Hoke reminded Council of the Community Involvement Workshop scheduled for March 28, 1989, at 7:00 p.m. The Rosemount Advisory Committee will present their preliminary goals and strategies to council, commission, committee and staff members. MOTION by Walsh to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. ATTEST: Dean R. Johnson, Community Development Director yk Published this 3 day of ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 1989 Respectfully subgLl,tted, 1. U Susan M. Johnson, Deputy Clerk 4 601.1:d 1989 in Dakota County Tribune. 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, April 4, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with ill members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to add the following items: Item 12(g) Authorize Purchase of 6" Pump; Item 12(h) Approve Plans Specifications /Authorize Bid Opening Connemara Park Improvements Project; Item 12(i) Armory Site Demolition Bids; and Item 12(j) Set Public Hearing /Beer License Application. Custodian Don Jerde was introduced to Council and commended for his fine work over the last several months. Community Development Director Dean Johnson provided a progress report on the city's recycling activities through March 15, 1989. See Clerk's File 1989 -9. 1 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1989 197 City Engineer Rich Hefti advised Council that on April 7, 1989, Collins Tree Service will be balancing and reshaping the boulevard trees that were recently trimmed by the public works department. Hefti advised the forester from the City of Apple Valley will be available on that day to answer any questions from the property owners. The public works department will provide advanced notice to the property owners and make other arrangements if April 7 is not a convenient date for the owners. Community Development Director Dean Johnson updated Council on the recommendation of the staff members of the six cities who have met over the last several months to determine whether or not to continue the current transit services provided by the Metropolitan Transit Commission. Johnson advised the group members have agreed to recommend to their city councils jointly "opting out" and developing a joint transit system. A formal replacement plan will be presented to City Council at a future meeting. City Engineer Rich Hefti updated Council on the overflow of the pond located in Valley Oak Addition. The warm weather, frozen ground and heavy rains contributed to fast runoff and overflowing which necessitated pumping the pond. Hefti advised Consent Agenda Item 4(d) addresses his recommendation for Council to authorize a feasibility report to construct a storm water overflow outlet for the pond. MOTION by Wippermann to adopt the Consent Agenda as presented. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -9. MOTION by Walsh to adopt A RESOLUTION APPROVING MODIFICATION NO. V TO THE ROSEMOUNT REDEVELOPMENT PLAN AND INCLUDING THE USE OF TAX INCREMENT FINANCING PURSUANT TO MINNESOTA STATUTES 469.179 IN THE ROSEMOUNT REDEVELOPMENT PLAN. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. See Clerk's File 1989 -9. MOTION by Walsh to adopt A RESOLUTION RESCINDING RESOLUTION 1989 -23 AND APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, DEEP WELL #8, PROJECT #182. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. A brief recess was called at 7:55 p.m. with the meeting continuing at 8:00 p.m. Mayor Hoke opened the public hearing scheduled for this time to consider an appeal by Ronald Jacobson, 3647 143rd Street West, of a Planning Commission action to approve a 32 square foot commercial sign to advertise a chiropractic business at 3025 143rd Street West. 198 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1989 The administrator clerk had in his possession an Affidavit of Mailed and Posted Hearing Notice and an Affidavit of Publication. See Clerk's File 1989 -9. City Planner Mike Wozniak provided background information advising the Planning Commission at its February 21, 1989 regular meeting, acting as the Zoning Board of Appeals and Adjustments, approved a variance to allow a 32 square foot sign in an R -1 residential district. The petitioner, Kerry Johnson of K L Chiropractic, is pursuing the purchase of the property located at 3647 143rd Street and intends to reside on the premises and also operate his business as a home occupation. Planning Commissioner Ronald Jacobson advised his appeal of the Board's decision was based primarily with concern over the precedent set of allowing a commercial sign in a residential district. Kerry Johnson, owner of K L Chiropractic, provided an overview of the proposed changes of the house and stated several reasons the petition met the requirements for a variance. Kerry Johnson stated the sign would be absolutely necessary for advertising his business. The applicant presented a petition signed by several residents indicating their support of the petitioner to use the location as a chiropractic business. Several residents in the audience were in support of the Johnson petition. They felt Johnson's interest in conducting a chiropractic business would cause the property to be well kept and to blend in with the surrounding commercial and public buildings. Other residents requested the Council to deny the appeal as an encouragement for the Johnsons to keep their business in the city. MOTION by Oxborough to close the public hearing. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Hoke to adopt A RESOLUTION DENYING A VARIANCE PETITION TO ALLOW A 32 SQUARE FOOT COMMERCIAL SIGN AT 3025 143RD STREET WEST. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to accept the petition presented by Kerry Johnson and to place it on file. SECOND by Mapper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. A recess was called at 9:22 p.m. with the meeting continuing at 9:40 p m Mayor Hoke opened the public hearing to consider Project 196, Valley Oak Addition Phase IV Street and Utility Improvements. The administrator /clerk had in his presence the Affidavit of Posted and Mailed Hearing Notice and the Affidavit of Publication. See Clerk's File 1989 -9. 1 1 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1989 199 Consulting Engineer Steve Campbell provided an overview of the project and the estimated costs. Campbell stated the amount to be assessed is estimated not to exceed $221,000, and the estimated assessment for each of the 28 lots is $7,893. There were no comments from the audience regarding this public hearing. MOTION by Walsh to close the public hearing. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Oxborough to adopt A RESOLUTION FOR APPROVAL OF VALLEY OAK ADDITION REPLAT, PHASE IV UTILITY AND STREET IMPROVEMENTS, CITY PROJECT 196. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Walsh to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATION OF VALLEY OAK ADDITION REPLAT, PHASE IV STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 196. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke opened the public hearing scheduled for this time to consider Valley Oak Addition Replat No. 2 preliminary plat described as Outlot C, Valley Oak Addition Replat No. 2. The administrator /clerk had in his presence the Affidavit of Mailed and Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1989 -9. City Planner Mike Wozniak reviewed with Council the proposed preliminary plat which proposes to divide Outlot C of Valley Oak Addition Replat into four parcels to allow construction of a quad home. Outlot C is located at the intersection of Chippendale, Cornell Trail and 156th Street West. Wozniak advised the Planning Commission reviewed the proposed preliminary plat and recommended approval. There were no comments or questions received from the audience. MOTION by Walsh to close the public hearing. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to adopt A RESOLUTION GIVING APPROVAL TO THE VALLEY OAK ADDITION REPLAT NO. 2 PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL APPROVAL. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Mayor Hoke opened the public hearing to consider a rezoning from Agriculture to R -1 Single Family Residential of the proposed O'Leary's Hills Fourth Addition. 200 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1989 The administrator /clerk had in his presence the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1989 -9. City Planner Mike Wozniak advised the developer has requested approval of O'Leary's Hills Fourth Addition, a 31 lot single family residential subdivision final plat and also petitioned the city for rezoning from Agriculture to R -1 Single Family Residential. There were no questions or comments received from the audience. MOTION by Walsh to close the public hearing. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to adopt AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 ZONING ORDINANCE. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke opened the public hearing to consider a rezoning from AG Agriculture to R -1 Single Family Residential of the proposed Wensmann Third Addition. The administrator /clerk had in his presence the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Published Notice. See Clerk's File 1989 -9. City Planner Mike Wozniak advised the final plat is in conformance with the Preliminary Plat /PUD and meets all zoning and subdivision ordinance requirements except frontage which was varied under the PUD procedure. Wozniak stated the Planning Commission has recommended approval of the Wensmann Third Addition Final Plat and Rezoning subject to an executed subdivision development contract. MOTION by Walsh to close the public hearing. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Walsh to adopt AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 ZONING ORDINANCE. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke opened the public hearing to consider a rezoning from AG Agriculture to R -1 Single Family Residential of the proposed West Ridge Third Addition. The administrator /clerk had in his presence the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1989 -9. City Planner Mike Wozniak advised the developer of West Ridge Planned Unit Development has requested approval of West Ridge Third Addition for a 41 lot single family residential subdivision. The plat is in conformance with the West Ridge Preliminary Plat /PUD Plan and all zoning and subdivision ordinance requirements have been made, except frontage which was varied under the PUD procedures. The Planning Commission has recommended approval of the rezoning and 5 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1989 201 West Ridge Third Addition Final Plat subject to an executed subdivision development contract. MOTION by Wippermann to close the public hearing. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to adopt AN ORDINANCE AMENDING ORDINANCE NO. IVII.3 ZONING ORDINANCE. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. The final plat for Wensmann Third Addition was reviewed by Council. Discussion was held with the city engineer regarding the installation of street signs in new developments. Council requested that the city engineer coordinate the installation of signs at the same time curb and gutters are constructed. MOTION by Oxborough to adopt A RESOLUTION APPROVING THE WENSMANN THIRD ADDITION FINAL PLAT. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. See Clerk's File 1989 -9. MOTION by Walsh to adopt A RESOLUTION APPROVING THE O'LEARY'S HILLS FOURTH ADDITION FINAL PLAT. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Walsh to adopt A RESOLUTION APPROVING THE WEST RIDGE THIRD ADDITION FINAL PLAT. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Building Official Ron Wasmund presented the recommendations from a committee appointed to study the adoption of fire suppression requirements and to make recommendations to Council concerning the adoption of Appendix Chapter 38 to the Uniform Building Code. Council will review and discuss this item at the April 18, 1989 regular council meeting. See Clerk's File 1989 -9. Discussion was held regarding a new position for a permanent part -time fire marshall. Building Official Ron Wasmund presented the recommendations of a committee comprised of the building official, fire chief and volunteer fire marshall. Wasmund reviewed the job description, salary recommendations and estimated starting date. Wasmund advised the position would initially be twenty hours per week, and recommendations for recruitment would be to hire a person who is currently employed as a full -time firefighter with training in fire inspections and plan review. Discussion followed as to whether the person filling this position would be a member of the city's volunteer fire department. Wasmund advised fire department membership would not be necessary, and this position would report directly to and work under the supervision of the building official. The administrator 202 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1989 suggested that in the event the fire marshall would not be available to investigate at the scene of a fire, that fire department members could offer their assistance in the capacity of a designated fire marshall. See Clerk's Fire 1989 -9. MOTION by Walsh to approve the job description of the permanent part -time fire marshall, and to authorize the advertisement for the position with an estimated starting date of June 1, 1989. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Council reviewed the information prepared by the administrator regarding proposed changes in the salary and per diem rates for the council. It was the consensus of the Council that the salaries be increased to $4,200 per year for mayor and $3,600 per year for councilmembers. Council further agreed to increase per diems to $25 for meetings out of town and to keep the $20 per diem for in town meetings. Intown per diems are to be paid for meeting in excess of the regularly scheduled council meetings. Per diems would be limited to one per day. See Clerk's File 1989 -9. MOTION by Hoke to direct the administrator to draft the revised ordinance concerning council compensation for adoption. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Councilmembers Napper and Walsh reported on the March 29, 1989 public hearing held by the Minnesota Environmental Quality Board to receive input to the specific site selection for the Oxbow Power Cogeneration Plant project. Both councilmembers recommended that Council adopt a resolution in support of the applicant's originally preferred site as the site more beneficial to the city and to oppose the Continental Nitrogen site and the most southern site. See Clerk's File 1989 -9. MOTION by Napper to adopt A RESOLUTION SUPPORTING THE SELECTION OF A SPECIFIC SITE FOR THE LOCATION OF THE PROPOSED OXBOW POWER COGENERATION FACILITY IN ROSEMOUNT, MN. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Councilmember Napper asked for Council support for the siting of a gun range facility located on the University of Minnesota property in Empire Township. City Administrator Stephan Jilk, as a member of the Rosemount Advisory Committee, testified to this committee's support of gun club proposal as a benefit to the community. Parks and Recreation Director David Bechtold stated the range could provide another viable recreational alternative for Rosemount residents. See Clerk's File 1989 -9. MOTION by Hoke to adopt A RESOLUTION OF SUPPORT FOR THE DAKOTA COUNTY GUN CLUB. SECOND by Oxborough. Ayes: Oxborough, Walsh, Wippermann, Hoke. Nays: 0. Abstain: Napper. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1989 City Engineer Rich Hefti recommended that a public hearing be held on May 16, 1989 to consider the proposed assessments for the Valley Oak Addition Replat, Phase III. See Clerk's File 1989 -9. MOTION by Napper to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, VALLEY OAK ADDITION REPLAT, PHASE IV UTILITY AND STREET IMPROVEMENTS, PROJECT 1196. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Engineer Hefti requested Council approval of the plans and specifications and advertisement for bids with a bid opening date of April 28, 1989, at 10:00 a.m. for the Connemara Park Improvement Project. 8 203 MOTION by Walsh to adopt A RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR HEARING ON THE PROPOSED ASSESSMENT VALLEY OAK ADDITION REPLAT, PHASE III, UTILITY AND STREET IMPROVEMENTS, PROJECT 180. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. City Engineer Hefti recommended a bid opening date for Friday, April 28, 1989, at 10:00 a.m. for O'Leary's Hills 4th Addition, City Contract 1988 -5. See Clerk's File 1989 -9. MOTION by Walsh to adopt A RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS, O'LEARY'S HILLS 4TH ADDITION STREETS AND UTILITIES IMPROVEMENTS, PROJECT 184. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Engineer Rich Hefti requested Council authorization to purchase a six inch pump to have available to minimize flood damage caused by heavy rains and spring thawing conditions. The engineer advised staff was able to borrow a pump from the City of Eagan, but it may not always be possible to do so. Discussion followed with Council concurring one -half of the purchase cost should be expended from the storm water core facility fund. MOTION by Walsh to authorize the purchase of a six inch portable pump and necessary equipment including suction and discharge hose with funds to be expended from the CIP and core facility funds. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. City Engineer Rich Hefti recommended Council to approve the plans and specifications and order advertisement for bids with a bid opening date on April 28, 1989, at 10:00 a.m. for the Valley Oak Addition Replat, Phase IV, Utility and Street Construction Improvements, Contract 1989 -4. See Clerk's File 1989 -9. 204 MOTION by Walsh to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF SIDS FOR CONNEMARA PARK IMPROVEMENTS, PROJECT #197. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Councilmember Oxborough left his chair. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1989 City Administrator Stephan Jilk updated Council on the armory site advising the tenant has vacated the buildings. The administrator requested Council's approval to receive quotes for demolition of the structures and to allow the fire department to burn the buildings for fire training purposes. Council agreed the windmill at the site should be saved and moved to other city property. The Council further reached a consensus and gave staff direction to proceed to receive price quotes for the demolition and removal of all structures on the property with the exception of the windmill. The Council further concurred with staff's recommendation on utilizing the Rosemount Fire Department to burn the house and building for fire training purposes. MOTION by Walsh to set a public hearing on Tuesday, April 18, 1989, at 8:00 p.m., or as soon thereafter as possible, to consider the on- sale and off -sale applications for non intoxicating malt liquor licenses received from Raymond Rahn. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke reviewed with Council the associated costs for conducting the Town Meeting on May 9, 1989, at 7:00 p.m. at the Rosemount High School Student Center. MOTION by Walsh to approve the costs necessary to operate the May 9, 1989 Town Meeting not to exceed $1,500. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. MOTION by Hoke to schedule a zoning ordinance workshop meeting on Tuesday, April 11, 1989, at 6:30 p.m. in the Council Chambers. SECOND by Wippermann. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. Administrator Stephan Jilk advised staff will be in the process of doing preliminary operating and CIP budgeting over the next couple of months. The administrator requested Council to discuss with staff any specific items which should be included in the budget review process. Administrator Stephan Jilk advised the Dakota County Railroad Authority is forming a technical review committee for the purpose of advising the county board in the preparation of a light rail transit study. The administrator recommended that Dean Johnson be appointed to serve as the city representative. See Clerk's File 1989 -9. MOTION by Napper to appoint Dean Johnson to serve on the Technical Review Committee. SECOND by Walsh. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. 9 1 1 1 ATTEST: Stedan Jilk administrator /Clerk Published this c day of County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 1989 Administrator Stephan Jilk advised County Commissioner Steven Loeding has requested an informal meeting with the Council on April 12, 1989 for the purpose up dating the council on the county's solid waste plans. Council requested that the meeting be scheduled for 5:30 p.m. The administrator advised Council of the settlements rendered by the hearing commissioners on two of the Hawkins Pond easement condemnation cases and checks will be issued to the property owners this week. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. Respectfully submitted, Susan M. 7o nson, Deputy Clerk 1989 in Dakota ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 11, 1989 205 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, April 11, 1989, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann and Napper present. Councilmember Oxborough was absent. Mayor Hoke led the group in the Pledge of Allegiance. Staff recommendations and Leprechaun Days activities were added to the agenda. Council discussed the request received from the Rosemount Jaycees to hold a pig roast and street dance on July 22, 1989 as a part of the Leprechaun Days activities. Councilmember Walsh, as chairperson for the Leprechaun Days Committee supported the activity. The consensus of the Council was in favor of the pig roast and street dance based upon the 206 experience of last year's event. Council requested that this activity be coordinated through the Leprechaun Committee. Discussion and review of the proposed zoning ordinance was held by Council. See Clerk's File 1989 -10. Community Development Director Dean Johnson advised that the building department secretary who has been on a maternity leave of absence has submitted her termination notice. Johnson recommended that the temporary employee, Maryann Stoffel, who has been working in this position be offered the position at the same salary. MOTION by Walsh to approve the hiring of Maryann Stoffel effective April 17, 1989. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. MOTION by Walsh to adjourn. SECOND by Hoke. Ayes: 4. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 11, 1989 Respectfully submitted, Susan M. o nson Deputy Clerk Step :n Jilk Administrator /Clerk Published this �7 day of in Dakota County Tribune. "7` ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, April 18, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with members Walsh, Wippermann and Oxborough present. Councilmember Napper arrived later on in the meeting. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to add the following items: Item 7(n) Request for Extension of Cable TV Franchise. Community Development Director Dean Johnson presented the Six City Needs Assessment Transit Study Executive Summary prepared by consultants for the cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage. The basic recommendation of the study is to formally opt out of the existing regional transit system and 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1989 207 modify and improve the levels of service by pursuing a locally operated transit system. Johnson advised a joint meeting among the cities may be scheduled to allow city officials the opportunity to share ideas and concepts regarding the recommendation. See Clerk's File 1989 -11. MOTION by Wippermann to approve the consent agenda as presented. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. See Clerk's File 1989 -11. Parks Recreation Director David Bechtold provided an overview of Jaycee Park Improvement Project 1989 -5, which is located at the intersection of Shannon Parkway and 155th Street. Bechtold advised approval of the plans and specifications would allow development of the north portion of the park area on land dedicated from the Wensmann Addition. The park director recommended a bid opening date for May 11, 1989, at 10:00 a.m. See Clerk's File 1989 -11. MOTION by Hoke to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR JAYCEE PARK IMPROVEMENTS, PROJECT 198. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Walsh. Nays: 0. Mayor Hoke opened the public hearing scheduled at this time to consider the applications received from Raymond A. Rahn for on -sale and off -sale non intoxicating malt liquor licenses for the Rich Valley Golf Club located at 3855 145th Street East. The administrator /clerk had in his presence the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1989 -11. Deputy Clerk Susan Johnson reviewed the applications received by the city and advised the applicant has submitted the appropriated license fees and proof of insurance. She further advised the police chief recommended issuance of the licenses based upon a successful background investigation. MOTION by Walsh to close the public hearing. SECOND by Wippermann. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: 0. MOTION by Wippermann to grant an on -sale non intoxicating malt liquor license and an off -sale non intoxicating malt liquor licence to Raymond A. Rahn, to sell non intoxicating malt liquor at Rich Valley Golf Club effective April 18, 1989 through June 30, 1989. SECOND by Walsh. Ayes: Oxborough, Walsh, Wippermann, Hoke. Nays: 0. 2 208 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1989 Council reviewed the draft ordinance required to institute the changes in salary and per diem payments for the city councilmembers and mayor as discussed at previous council meetings. It was the consensus of the Council that per diem payments should not be paid for regularly and specially scheduled council meetings. The Council agreed payment for regular and special meetings was allocated through the monthly salary payments. See Clerk's File 1989 -11. MOTION by Walsh to adopt ORDINANCE NO. 11.6, AN ORDINANCE AMENDING TITLE I, CHAPTER SIX, SECTION 1 -6 -1 OF THE ROSEMOUNT CITY CODE. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Discussion was held regarding Council consideration for adopting Appendix Chapter 38 to the Minnesota State Building Code which authorizes and establishes requirements for the installation of on- premises fire suppressions system in new construction, addition to buildings and changes of occupancy. Wasmund advised the committee appointed to study the adoption of fire suppression requirements recommended the adoption of Appendix Chapter 38 in its entirety. Following discussion regarding costs ramifications in rural areas not served by municipal water and the impact on economic development, it was the consensus of the Council that the Building Code be amended to include Appendix Chapter 38 requirements. See Clerk's File 1989 -11. MOTION by Hoke to direct staff to prepare the formal ordinance for Appendix Chapter 38 to be considered and officially accepted at the next Council meeting. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Walsh. Nays: 0. City Engineer Rich Hefti reviewed concerns received from Walter Strese, 4063 145th Street West, resulting from City Projects 176 and 181. Strese was present at the meeting and requested that action be taken by the city to prevent young children and teenagers from loitering on a drainage easement adjacent to Hawkins Pond and breaking into one of his buildings and vandalizing his property. Mr. Strese expressed concern about the possibility of someone being injured on his property. City Engineer Hefti agreed with the complainant's recommendation that the city post "no trespassing" signs. Hefti further advised he will investigate the feasibility of erecting a fence along the Strese property as well as other means of enforcement. The city engineer advised city forces have restored Strese's driveway, and the Streses could have access to Shannon Parkway subject to being assessed for such access. Clerk's File 1989 -11. MOTION by Walsh to authorize the necessary signatures on the Quit Claim Deed from the City of Rosemount to Hans C. Anderson and Alice D. Anderson, 3220 144th Street West. SECOND by Oxborough. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: 0. See Clerk's File 1989 -11. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1989 209 A recess was called at 9:00 p.m. with the meeting continuing at 9:15 p.m. Councilmember Napper joined the meeting. Fire Chief Scott Aker presented an amendment to the bylaws of the fire department requiring members to live within a four minute response time or be a Rosemount resident. See Clerk's File 1989 -11. MOTION by Oxborough to ratify the amendment to the Rosemount Fire Department Bylaws as presented by the Fire Department membership. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Fire Chief Scott Aker requested ratification of the appointments to the Membership /Grievance Committee as approved by the Fire Department membership. See Clerk's File 1989 -11. MOTION by Oxborough to ratify the appointment of Dan McMenomy and Don McNearney to serve on the Membership /Grievance Committee. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Herb Wensmann presented a concept proposal for a commercial development proposed for a 25 acre site located on the south side of County Road 42 at the intersection of County Road 42 and Diamond Path. City Planner Mike Wozniak advised the property is currently designated Agriculture in the Comprehensive Guide Plan, and city policy has been to limit new commercial development to those areas within or contiguous to existing commercial areas which include the downtown area and South Rose Park. Wozniak noted that although staff had recommended the city policy should not be altered to allow the commercial development on the western boundary, the Planning Commission recommended that the Council should consider altering the policy. The developer and architect for the proposal stated they felt the project would enhance the commercial growth of the city and compliment the downtown retail area. Herb Wensmann, developer, further advised Council the project would be completed in phases. See Clerk's File 1989 -11. Council debated the advantages and disadvantages of the Wensmann concept proposal regarding the negative impact on the downtown area versus the inadequacy of the downtown area and the South Rose Park for providing adequate space for such a development. Council further discussed the benefits and drawbacks of beginning the commercial area at the city's western boundary as opposed to keeping commercial development contiguous to the downtown area. It was the consensus of the Council that the proposal was not an appropriate land use at this time, and other options should be considered for the property. The Council encouraged the developer to consider 4 210 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1989 property closer to the downtown area and to work with city staff to explore all possibilities for the proposed development. MOTION by Oxborough to approve expenditure of funds in the amount of $4,550.00 for the fireworks display for Leprechaun Days. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -11. Discussion was held regarding a request for donation for the alcohol /drug free all night party for the Rosemount High School seniors. Council was in support of a donation as a means for providing a save environment for the graduating seniors. See Clerk's file 1989 -11. MOTION by Napper to donate $200.00 to the Rosemount High School senior party. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to reschedule the May 16, 1989 Regular Council meeting to 8:00 p.m. because of the school board elections. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Planner Mike Wozniak presented the final plat for Valley Oak Addition Replat No. 2 for the development of a quad home on Outlot C located at the intersection of Chippendale Avenue, Cornell Trail and 156th Street. Wozniak advised the Planning Commission recommended approval of the plat subject to an executed subdivision development agreement. See Clerk's File 1989 -11. MOTION by Walsh to adopt A RESOLUTION APPROVING THE VALLEY OAI ADDITION REPLAT NO. 2. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. City Planner Mike Wozniak reviewed a request received from Melvin Astleford for Council to authorize a series of divisions of property and subsequent combination of three parcels located at the intersection of County Road 38, County Road 42 and State Highway 55. Wozniak noted the parcel divisions and combinations will remedy the crisscrossing of easements for the three highways caused by the County Road 42 East road improvement project. The Planning Commission recommended approval of the proposed property divisions /combinations. See Clerk's File 1989 -11. MOTION by Napper to adopt A RESOLUTION APPROVING A SERIES OF PROPERTY DIVISIONS AND COMBINATIONS BY METES AND BOUNDS DESCRIPTION. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Community Development Director Dean Johnson presented for Council review a purchase agreement between the Dakota County Housing and Redevelopment Authority and John F. Ryan regarding a single family residence located at 14695 Cameo Avenue. Johnson advised the property, formerly owned by Edward Doyle, deceased, is located 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1989 211 within a housing district set up through the 1984 Mortgage Revenue Bond Program by the Dakota County HRA. John Ryan, representative of the Doyle Estate, indicated the estate would accept the appraised value of the property which was placed at $37,000. Johnson indicated the reuse of the property has not been determined, but several alternatives could be considered which are consistent with the intent of the housing program. Discussion ensued on whether the city should allow the property to be made available to potential buyers through normal marketing means before acquiring the property. See Clerk's File 1989 -11. MOTION by Hoke to adopt A RESOLUTION APPROVING THE PURCHASE OF THE PROPERTY LOCATED AT 14695 CAMEO AVENUE, ROSEMOUNT, MINNESOTA BY THE DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY. SECOND by Wippermann. Ayes: Wippermann, Hoke, Napper. Nays: Walsh, Oxborough. City Planner Mike Wozniak presented for adoption a resolution authorizing a moratorium on land use approvals and building permits for mining operations until the full review of the proposed revised zoning ordinance has been concluded. Wozniak advised the request is based upon action by the Planning Commission to recommend such a moratorium and the basic agreement by Council to restrict long term mining to the general industrial district in the eastern portion of the city and to allow only seasonal excavation in the agriculture districts. Palmer Peterson, owner of Bituminous Roadways, requested that Council consider including agricultural areas in the mining district. Peterson pointed out the considerable expense and time involved in obtaining a mining permit, and excluding agricultural areas as potential mining operations would be unjust to the property owners and mining operations. See Clerk's File 1989 -11. MOTION by Walsh to adopt AN INTERIM ORDINANCE TEMPORARILY PROHIBITING ISSUANCE OF LAND USE APPROVALS AND BUILDING PERMITS FOR MINING OPERATIONS AND SIMILAR USES. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson announced that the annual Spring Clean -up /Park Improvement Day will be on May 20, 1989. Johnson estimated the cost for the program to be approximately $12,000 to $15,000 based upon resident participation. See Clerk's File 1989 -11. MOTION by Walsh to proceed with the Spring Clean -up /Park Improvement Day for 1989. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to authorize the necessary signatures on the Agreement between the City of Rosemount and Star Mid America IV, Inc. to allow the operation of cable television system in 6 212 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1989 the city for a period of one month. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. See Clerk's File 1989 -11. Mayor Hoke provided an update on the preparations of the second Town Meeting to be held on May 9, 1989, at 7:00 p.m. at the Rosemount High School Student Center. Mayor Hoke advised students from the University of Minnesota School of Architecture will present their class projects on the downtown area, town green and other areas to the Citizens Advisory Committee on April 20, 1989 at 6:15 p.m. MOTION to appoint Tom Reller, 15659 Cornell Court, to a three year term on the Parks and Recreation Board. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke presented discussion on the recent involvement by city staff and officials regarding solid waste issues and proposals received from Oxbow Power Corporation, USPCI, the County regarding the resource recovery project, and the County's selection of University of Minnesota property as a possible site for the resource recovery project. Mayor Hoke expressed concern that these issues were overloading the time and expertise of city staff and suggested the hiring of a consultant and additional staff to manage such issues. Councilmember Walsh introduced drafts of several resolutions proposing that the site selection process cease for the mass burn incinerator, Oxbow Power Corporation, and USPCI to allow consideration of other sites and alternatives for these proposals. Councilmember Walsh further recommended that the University of Minnesota reactivate the Rosemount Research Center for the study of waste, garbage and other related projects and to consider sites for a resource derived fuel plant and recycling plant and the USPCI containment facility. Councilmember Oxborough left his chair. Administrator Stephan Jilk also voiced concern regarding the lack of expertise, staff time and an overall plan on how the city should deal with such issues and concerns. Jilk recommended that the consultants for the Metropolitan Council involved in the environmental issues of the resource recovery project be invited to discuss with Council the siting process and associated health and environmental issues. Administrator Jilk further recommended that staff be allowed to develop an overall plan on addressing solid waste issues, how the city can become a more proactive participant in these proposals and issues, the hiring of a consultant and additional staff, and the involvement of the City Council and advisory committees. 1 1 MOTION by Walsh to set a special council meeting on Monday, May 1, 1989, at 6:30 p.m. to hear presentations from the consultants for the Metropolitan Council regarding the resource recovery siting process. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. Council discussed a joint meeting between City Council and the Planning Commission for the purpose of discussing land use decisions and philosophies. Council discussed the possibility of a weekend retreat sometime in the fall. Administrator Stephan Jilk provided an update on the third meeting of the Armory Committee. Jilk advised representatives from the National Guard and the Brooklyn Park facility will be invited to attend the next meeting. See Clerk's File 1989 -11. Administrator Stephan Jilk reported on the official notice of the Metropolitan Council Public Meeting regarding the Minnesota Industrial Containment Facility Scoping Environmental Assessment Workshop. MOTION by Walsh to approve the attendance by council and staff members at the League of Minnesota Cities Conference June 6- June 9, 1989. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 4. Nays: 0. ATTEST: Step an Jilk,i/A dministrator /Clerk Published this ___day of 8 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 1989 Respe tfull usan M. Johtson, Deputy Clerk 213 1989 in Dakota County Tribune. 214 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, April 24, 1989, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann, and Napper present. Councilmember Oxborough was absent. Mayor Hoke led the group in the Pledge of Allegiance. County Board Member Steven Loeding and Lou Breimhurst, Resource Recovery Project Manager for Dakota County, reviewed the siting process for the resource recovery project and discussed more specifically the University of Minnesota site being proposed by the County. City Council and staff presented discussion concerning the city's position about possible positive aspects of the project relating to industrial and commercial development if it is constructed in the city. Mayor Hoke presented a letter outlining these comments to Commissioner Loeding for presentation to the County Board. See Clerk's File 1989 -12. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 4. Nays: 0. ATTEST: Rollan H.ke, Mayor �t Published this "day of ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 24, 1989 Respectfully ubmitted, 'Step Administrator /Clerk 1989 in Dakota County Tribune. 1 1 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, April 25, 1989, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Wippermann and Napper present. Councilmembers Walsh and Oxborough were absent. Mayor Hoke led the group in the Pledge of Allegiance. Discussion and review of the proposed zoning ordinance was held by staff and Council. See Clerk's File 1989 -13. MOTION by Wippermann to adjourn. SECOND by Napper. Ayes: 3. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 25, 1989 Respectfully submitted, Ste yfian Jil Administra or /Clerk Rollan Hoke, Mayor Published this day of i�, 1989 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 1, 1989 215 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, May 1, 1989, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Administrator Stephan Jilk as also in attendance at the meeting. Paul Smith provided background information on solid waste and the status of Dakota County's 1987 Solid Waster Master Plan to build a mass burn facility. Smith also explained the function of the Metropolitan Council who is charged with preparing the scoping documents, holding public meetings and the preparation of the Environmental Impact Statement (EIS). Smith provided tentative dates for publication and public input on the scoping and siting documents. 216 Consulting Project Manager Jim Walsh, from Westin, the consultants contracted to prepare the Environmental Impact Statement on the resource recovery facility, provided background information on health risk assessments and how the results of these assessments are used in preparing the EIS. The consultant answered several questions from council and staff regarding health and environmental issues associated with mass burn facilities. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTE T: Ste an Jil Administrator /Clerk Published this „tit of Rollan Hoke, Mayor Published this day of ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 1, 1989 Respectfully submitted, Susan M. .?�otinson, Deputy Clerk 1989 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS EXECUTIVE SESSION MAY 1, 1989 Pursuant to due call and notice thereof an executive session of the City Council of the City of Rosemount was duly held on Monday, May 1, 1989, at 8:45 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Council discussed with the city administrator a personnel issue regarding a public works employee. MOTION by Walsh to adjourn. SECOND by Hoke. Ayes: 5. Nays: 0. Respectfully submitted, a( tep :n Jilk Administrato /Clerk 1989 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 1989 217 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, May 2, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include the following items: Item 3(e) Jaycees' Donations; Item 4(n) Minutes of May 1, 1989 Executive Session; Item 4(o) Set Public Hearing to Consider Off -Sale Liquor License Application; and Item 8(1) Accept Resignation of Public Works Foreman /Authorize Advertisement for Position. Paul Eggen, President of the Rosemount Area Chamber of Commerce, presented to City Administrator Stephan Jilk a plaque extending the appreciation of the Northern Dakota County Chambers of Commerce for the continued cooperation between the city and the chambers. Maryann Stoffel, who was recently hired in the Community Development Department, was introduced to Council. The City Council extended their welcome to Maryann. Economic Development Specialist Tracie Pechonick presented the first draft of the community newsletter for Council review and comment. Pechonick advised the "Rosemount City Newsletter" with both city and park /recreation sections and the most recently updated city map will be distributed to residents the week of May 22, 1989. See Clerk's File 1989 -16. Parks Recreation Director David Bechtold reviewed his memorandum dated April 27, 1989 regarding the purchase of a Toro walk behind mower from Corcoran Equipment in the amount of $2342.00. Bechtold advised the mower would be used in the parks and at city buildings. See Clerk's File 1989 -16. Councilmember Joseph Walsh thanked the Rosemount Jaycees for their generous gifts, amounting to several thousand dollars, given to the fire department, police department and parks department. MOTION by Wippermann to adopt the Consent Agenda as presented. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Rapper. Nays: 0. See Clerk's File 1989 -16. Building Official Ron Wasmund presented the final draft of the ordinance amending Title 9 of the City Code building regulation section to include Appendix Chapter 38. Wasmund advised amendment to the ordinance would require automatic fire suppression in any new or converted retail, warehouse or manufacturing establishment 5000 feet or larger in size. See Clerk's File 1989 -16. 218 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 1989 MOTION by Walsh to adopt ORDINANCE NO. %VIII.B, AN ORDINANCE AMENDING TITLE 9, CHAPTER 1, PERTAINING TO BUILDING REGULATIONS. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Fire Chief Scott Aker and Administrator Stephan Jilk respectively reviewed facility needs reports for the fire station and the public works facility. Mayor Hoke suspended the regular agenda at this time to open the public hearing scheduled at this time to receive comments on the proposed amendments to the Zoning Ordinance to include recycling operations. The administrator /clerk had in his presence the Affidavit of Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1989- 16. Planner Michael Wozniak advised that identifying recycling operations in the Zoning Ordinance would allow salvage operations in the general industrial district; and because of the timing of the proposed ordinance and schedule for the construction of the AAA Auto Salvage proposal, it is necessary to amend the current Zoning Ordinance text to include salvage operations as an allowable use. Wozniak noted conditions in the ordinance includes permit requirements and stringent development and operating standards which will allow the City more control and regulation over such operations. Wozniak further noted the AAA Salvage proposal includes an eight foot fence around the vehicle storage area which will be verified by the city building official for accurate placement. See Clerk's File 1989 -16. MOTION by Oxborough to close the public hearing. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Hoke to adopt ORDINANCE NO. XVII.93, AN ORDINANCE AMENDING ORDINANCE NO XVII.3. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke opened the public hearing to consider rezoning from AG Agriculture District to I -GEN General Industrial District the west 358.08 feet of the south 1323.32 feet of the Southeast Quarter of Section 32, Township 115, Range 19. The administrator /clerk had in his presence the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -16. Planner Michael Wozniak advised Jim and Jerry Anderson of AAA Auto Salvage have petitioned for the zoning amendment to allow the use of the auto salvage business proposed to be located on 160th Street, one -half mile east of Highway 3. Wozniak noted the Planning Commission recommended approving the rezoning. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 1989 219 MOTION by Walsh to close the public hearing. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to adopt ORDINANCE NO. ZVII.94, AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 ZONING ORDINANCE. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Regular agenda discussion resumed at this time. Administrator Jilk advised the reports provide information regarding present and future needs for these facilities in conjunction with the Fire /Police Department studies completed and presented by Fred Hoisington Association. Jilk further advised that the reports concluded that the public works facility is grossly undersized and inadequate, and the fire station is undersized and should be considered for relocation. The administrator also addressed shortage of space because of additional staff in the city hall, and requested that consideration be given for possible renovation of the city maintenance facility to accommodate the police department. Following discussion with council regarding the reports and comments from the fire chief and administrator, the administrator requested approval to direct staff to prepare the advertisement to receive Request for Qualifications (ROQ) from architectural firms to determine spacial needs for city staff, fire department and public works facility; and to allow the city to proceed with Request for Proposals (RFP) in order to receive needs studies and cost estimates from qualified architects. See Clerk's File 1989 -16. MOTION by Hoke to direct staff to prepare the advertisement to receive Request for Qualifications (ROQ) for qualified architectural firms to determine the special needs for the city staff, fire department and public works facility. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Oxborough to approve Greg Smith and David Bailey for probationary membership of the Rosemount Fire Department. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. See Clerk's File 1989 -16. Mayor Hoke presented for discussion 1990 Celebrate Minnesota town green /bandshell grant application, which was denied, and a subsequent meeting with the Parks and Recreation Board to receive their support of the project. Mayor Hoke noted the Park Board had previously designated $106,000 in CIP funding for the upgrading of Erickson Park. The Park Board at their April 17, 1989 meeting also passed a motion in support of Celebrate Minnesota. Mayor Hoke requested that Council consider the town green /bandshell concept and ask staff to 220 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 1989 consider building in an additional expenditure of $106,000 in the CIP budget. Discussion followed with the majority of council agreeing the bandshell should be located in Erickson Park as opposed to being located in another park. Several residents from the audience voiced their support of the town green concept. See Clerk's File 1989 -16. Administrator Stephan Jilk suggested that because of the several projects designated for the Erickson Park area, Council should consider developing an overall master plan which could address the various projects and their priority for development, estimated costs, funds available, landscaping plan and the intended use for the area. MOTION by Hoke to support the Erickson Park town green concept and direct staff to investigate possible avenues of funding the project and investigate and develop a landscaping layout and special needs study. SECOND by Wippermann. Ayes: Oxborough, Wippermann, Hoke. Nays: Napper, Walsh. Administrator Stephan Jilk presented several recommendations on how to deal with solid waste issues and proposals the city staff and council has been confronted with the past several months. The administrator provided illustrations on the high percentage of time staff must dedicate in attempting to deal with such proposals as USPCI containment facility, the Dakota County resource recovery project, Oxbow Power and potential development of University of Minnesota lands. Jilk's recommendation included a phased approach for additional staff and the assignment of staff. The administrator further recommended that staff be allowed to immediately procure proposals and quotes from individuals and /or firms to provide expertise to city staff and city council on specific environmental and legal issues. Additionally, the administrator requested authorization to advertise for a clerical position to assist in the Community Development Department and other departments where clerical help is required. Discussion followed with Council reaching a consensus that the administrator's recommendations would allow the city to become more actively and effectively involved in such issues. See Clerk's File 1989 -16. MOTION by Walsh to authorize staff to receive proposals and quotes from individuals and /or firms to provide expertise on environmental issues. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Hoke to authorize staff to advertise for a clerical position as outlined in the administrator's memorandum. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Community Development Director Dean Johnson requested authorization to obtain quotes from planning consultants to assist the city in the USPCI containment facility proposal. Johnson advised the city attorney has recommended that the city make every attempt to 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 1989 221 complete the planning study and resolve the zoning ordinance issue prior to the July 1, 1989 expiration date of the moratorium adopted on landfills. See Clerk's File 1989 -16. MOTION by Napper to authorize staff to obtain quotes for a planning consultant to assist city staff in the land use study regarding the moratorium on landfills. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Councilmember Napper, as a member of the Ad Hoc Task Force appointed to review the air quality monitoring system around Koch Refining Company, reviewed with Council the fourteen sites selected as air monitoring sites. Napper advised Koch Refining has put on hold any funding of this study, but will continue their notification plan and review of their public relations policies in dealing with all issues affecting surrounding communities. See Clerk's File 1989 -16. Economic Development Specialist Tracie Pechonick presented the concept of the city sponsoring a proposed home delivered meals program in Rosemount and requested Council approval for staff to research the feasibility of such a city- sponsored program. See Clerk's File 1989 -16. MOTION by Oxborough to direct staff to prepare a proposal for presentation at the May 16, 1989 council meeting regarding the home delivered meals program. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to reject all bids for Connemara Park Improvements and to authorize staff to pursue other bidding alternatives. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -16. MOTION by Walsh to receive the bids for the construction of Municipal Well #8 and to award the low bid of $120,020.00 to Keys Well Drilling Company. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. See Clerk's File 1989 -16. MOTION by Walsh to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON O'LEARY'S HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 184 to Richard Knutson, Inc. in the amount of $143,109.26. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. See Clerk's File 1989 -16. MOTION by Walsh to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON VALLEY OAK ADDITION REPLAT, PHASE IV STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 196 to Richard Knutson, Inc. in the amount of $167,533.42. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. See Clerk's File 1989 -16. 5 222 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 1989 City Engineer Rich Hefti requested approval of the plans and specifications for Contract 1989 -2, West Ridge 3rd Addition Utility and Street Improvements, subject to receipt of the signed development contract and letter of credit and to authorize a bid opening date on May 26, 1989 at 10:00 a.m. See Clerk's File 1989- 16. MOTION by Walsh to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, WEST RIDGE 3RD ADDITION UTILITY AND STREET IMPROVEMENTS, PROJECT #195. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. City Engineer Rich Hefti recommended the hiring of Robert F. Barfknecht for the Mechanic I position with a starting date of May 8, 1989. Hefti reviewed the salary range for this position. See Clerk's File 1989 -16. MOTION by Oxborough to hire Robert F. Barfknecht for the Mechanic I position effective May 8, 1989. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -16. Council unanimously agreed a summary of the tentative agenda for the Planning Commission and City Housing and Redevelopment Authority should be published in the local paper along with the City Council agenda. MOTION by Walsh to approve payment for Well #8 land acquisition. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. See Clerk's File 1989 -16. Parks Recreation Director presented the job description for the position of Forestry II and requested authorization to advertise for this position. See Clerk's File 1989 -16. MOTION by Walsh to authorize advertisement for the position of Forestry II. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. See Clerk's File 1989 -16. City Administrator Stephan Jilk advised he has received the resignation of Donald Brown, Public Works Foreman, and has worked out an agreement with Donald Brown based upon the discussion addressed at the May 1, 1989 Executive Session. The administrator recommended that Council authorize advertisement, and he be permitted to present the advertisement, salary information and other information on the position at the May 16, 1989 regular council meeting. MOTION by Oxborough to accept the resignation of Donald Brown effective May 23, 1989. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 1989 MOTION by Oxborough to authorize staff to advertise for the position of public works foreman. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Administrator Stephan Jilk provided an update on the Armory Committee. Jilk advised he and Tracie Pechonick visited the armory and community center in Brooklyn Park, and they were very impressed with how much that city has done in accomplishing a community facility. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. ATTEST: tep n Jilk, dministrator /Clerk �F Published this c 2S —tit day of County Tribune. Respectfully submitted, Susan M. Johnson, Deputy Clerk 1989, in Dakota ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 11, 1989 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, May 11, 1989, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke led the group in the Pledge of Allegiance. MOTION by Wippermann to adjourn. SECOND by Walsh. Ayes: 4. Nays: 0. Respectfully submitted, Susan M. Jofinson, Deputy Clerk 223 Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann and Napper present. Councilmember Oxborough was not in attendance. Staff members Dean Johnson and Michael Wozniak continued their review of the proposed zoning ordinance with Council. Council unanimously agreed to cancel the workshop scheduled for May 23, 1989, at 6:30 p.m. and reschedule this meeting for May 31, 1989, at 6:30 p.m. 224 ATTEST: ollan Hoke, Mayor Published this 0 d ay of 1989 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, May 16, 1989, at 8:00 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh and Oxborough present. Councilmember Wippermann was absent. Councilmember Napper arrived later on in the meeting. Mayor Hoke led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDING SPECIAL MEETING MAY 11, 1989 The agenda was amended to include Item 4(b) American Flags on 145th Street West; Item 6(e) Approve Plans Specifications /Authorize Advertisement for Bids West Ridge 3rd Additions Street and Utility Improvements; Item 7(h) Leprechaun Days Update; Item 9(c) Mississippi National River and Recreational Area; and Item 9(d) Resource Recovery Project. Mayor Hoke suspended the regular agenda to open the public hearing scheduled at this time to receive comments on an off -sale liquor license application. The administrator /clerk had in his presence the Affidavit of Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1989- 18. Council reviewed the application received from Larry D. McFarland, who is requesting to operate an off -sale liquor store to be located on a parcel just south of the Holiday Station at the intersection of Chippendale Avenue and 151st Street. Deputy Clerk Susan Johnson noted the building has not been constructed and outlined the conditions for granting a license under such circumstances. Johnson advised the appropriate fees and bond have been received. See Clerk's File 1989 -18. There were no comments received for or against the application. MOTION by Walsh to close the public hearing. SECOND by Hoke. Ayes: Walsh, Hoke, Oxborough. Nays: 0. MOTION by Hoke to approve an off -sale liquor license for Larry D. McFarland to sell intoxicating liquor at an establishment known as Mac's Bottle Shop, proposed to be located at 151st Street and Chippendale Avenue, subject to issuance of certificate of occupancy ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1989 225 and subject to receipt of certificate of insurance. SECOND by Oxborough. Ayes: Hoke, Oxborough, Walsh. Nays: 0. City Engineer Rich Hefti advised of a request sent to the county highway engineer to conduct traffic studies at the intersections of Shannon Parkway and County Road 42 and Diamond Path and Connemara Trail. Hefti advised the study will allow consideration by the county to include signals for these two intersections in future highway budgets. Hefti stated that after the studies have been completed and signals are warranted by the county, four -way stop signs could be installed. See Clerk's File 1989 -18. Councilmember Oxborough advised the Rosemount American Legion has donated American Flags for display on 145th Street West on the appropriate holidays. Councilmember Oxborough thanked the public works department for mounting the flag holders which will hold the American Flag and the Irish Flag on the decorative poles on 145th Street. The Consent Agenda was reviewed by Council. Regarding the May 2, 1989 Regular Council Meeting Minutes, Administrator Stephan Jilk recommended that the last paragraph on page 3 be changed to reflect that the Park Board at their April 17, 1989 meeting passed a motion in support of the 1990 Celebrate Minnesota project rather than the town green concept. Mayor Hoke requested that the same paragraph be amended to read that Mayor Hoke requested that Council ask staff to consider building in an additional expenditure rather than ask staff to build in MOTION by Walsh to approve the Consent Agenda subject to corrections to the May 2, 1989 Regular Council Meeting Minutes. SECOND by Oxborough. Ayes: Oxborough, Walsh, Hoke. Nays: 0. Economic Development Specialist Tracie Pechonick presented information on the proposed home delivered meals program in Rosemount and the proposal for sponsorship by the city. Pechonick reviewed the rights and responsibilities of the city as sponsor for the program. Kathy Pierson, manager of the home delivered meals coordination project in Dakota County commented on the overwhelming support from residents and organizations for such a program in Rosemount. See Clerk's File 1989 -18. MOTION by Oxborough to approve the city sponsorship of the Rosemount home delivered meals program subject to the execution of satisfactory agreements with the HDM Program Advisory Board and Apple Valley Health Care Center. SECOND by Walsh. Ayes: Walsh, Hoke, Oxborough. Nays: 0. Administrator Stephan Jilk presented for Council adoption the ordinance for renewing and extending a cable television 2 226 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1989 franchise within the city. Jilk advised the revised franchise ordinance would allow for an increase in the franchise fee from three percent to five percent, and Star Cable would be responsible for providing broadcasting equipment capabilities at city hall. Chairman of the Cable Commission Joseph Walsh stated the Cable Commission recommended approval of the franchise agreement, and he thanked the administrator for providing the city with a credible franchise on par with franchises of Apple Valley and Lakeville. Clerk's file 1989 -18. MOTION by Walsh to adopt AN ORDINANCE RENEWING AND EXTENDING A CABLE TELEVISION FRANCHISE IN THE CITY OF ROSEMOUNT, DAKOTA COUNTY, MINNESOTA, AND RULES GOVERNING ITS OPERATION. SECOND by Oxborough. Ayes: Hoke, Oxborough, Walsh. Nays: 0. Administrator Jilk presented the proposed ordinance for renewal of the electric franchise with Dakota Electric Association. Jilk advised that negotiations with Dakota Electric during the past several months have resulted in the franchise period ending in September, 1995 so as to coincide with the termination of the Northern States Power electric franchise; to require Dakota Electric Association to provide training for city employees in case of emergencies involving their utility and to provide a twenty -four hour emergency access telephone. Jilk further advised the city has received a commitment from Dakota Electric for technical and service assistance in the city's economic development program for printing of brochures and literature and other assistance in the Start City program. The administrator commended Dakota Electric for their recognition of the needs for economic development in a community the size of Rosemount and noted the cost savings to the city amounting to several thousand dollars over the next few years. Councilmember Walsh, as President of the Utilities Commission, thanked the administrator for the successful negotiations with the utility company. Walsh advised the Utilities Commission recommended approval of the franchise renewal. See Clerk's File 1989 -18. MOTION by Walsh to adopt AN ORDINANCE GRANTING TO DAKOTA ELECTRIC ASSOCIATION, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN THE CITY OF ROSEMOUNT, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES, AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. SECOND by Hoke. Ayes: Oxborough, Walsh, Hoke. Nays: 0. Administrator Stephan Jilk advised negotiations with Northern States Power Company for the operation of a gas utility have been unsuccessful to date. Jilk advised a cooperative effort has not been extended by Northern States Power concerning economic development assistance. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1989 227 Deputy Clerk Susan Johnson requested that Council rescind Resolution 1989 -47 and reset the bid opening for West Ridge 3rd Addition Street and Utility Improvements for June 8, 1989, at 10:00 a.m. Johnson advised the bid opening dates stated in the published Notice of Bids and Resolution 1989 -47 were different. See Clerk's File 1989 -18. MOTION by Walsh to adopt A RESOLUTION RESCINDING RESOLUTION 1989 -47 AND APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, WEST RIDGE 3RD ADDITION UTILITY AND STREET IMPROVEMENTS, PROJECT 1195. SECOND by Oxborough. Ayes: Walsh, Hoke, Oxborough. Nays: 0. Fiscal Consultant Jerry Shannon reviewed the recommendations received from Springsted, Incorporated, dated May 11, 1989 for the issuance of $2,575,000 General Obligations Improvement Bonds, Series 1989B. The consultant recommended these bonds be offered for sale on Tuesday, June 20, 1989, 12:00 Noon, at the Springsted offices. See Clerk's File 1989 -18. MOTION by Walsh to adopt A RESOLUTION PROVIDING FOR THE PUBLIC SALE OF $2,575,000 GENERAL OBLIGATION IMPROVEMENTS BONDS, SERIES 1989B. SECOND by Hoke. Ayes: Hoke, Oxborough, Walsh. Nays: 0. Parks Recreation Director David Bechtold reviewed the bids received on May 11, 1989 for Jaycee Park Improvements, Project 198. Bechtold recommended the contract be awarded to the lowest responsible bidder, Brown and Chris, in the amount of $99,627.90. See Clerk's File 1989 -18. MOTION by Walsh to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT ON JAYCEE PARK, PHASE I, GRADING AND UTILITY CONSTRUCTION, CITY PROJECT NO. 198. SECOND by Oxborough. Ayes: Oxborough, Walsh, Hoke. Nays: 0. City Engineer Rich Hefti advised of the Utilities Commission's recommendation to approve the plans and specifications and authorize advertisement for bids for the construction of Water Tower #2. Utilities Commission President Joseph Walsh advised the commission is looking at bidding an alternate for two different styles, single pedestal spheroid and single pedestal fluted column, and consideration of bids may depend on the appropriate style for the proposed area. Consulting Engineer on the project, Kurt Johnson from TKDA, advised that because of a topographical review error, the tower should be shifted approximately 80 feet in order to take advantage of the highest elevation in the proximate area. There was a consensus from Council that land be purchased to compensate for the shifting of the tower and for an adequate buffer area around the tower. See Clerk's File 1989 -18. 228 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1989 MOTION by Walsh to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, WATER TOWER #2, PROJECT #183. SECOND by Oxborough. Ayes: Walsh, Hoke, Oxborough. Nays: 0. MOTION by Walsh to authorize the purchase of the necessary land for the Water Tower #2 site. SECOND by Oxborough. Ayes: Hoke, Oxborough, Walsh. Nays: 0. City Engineer Rich Hefti presented a recommendation from the Utilities Commission for Council to adopt a resolution against proposed EPA Lead Rules currently being considered by the United States Congress. Hefti review the impacts the proposed rules would have on the city. See Clerk's File 1989 -18. MOTION by Oxborough to adopt A RESOLUTION OPPOSING PROPOSED NEW EPA RULES FOR LEAD AND COPPER. SECOND by Walsh. Ayes: Oxborough, Walsh, Hoke. Nays: 0. Finance Director Don Darling reviewed with council the Request for Proposal (RFP) for the purchase of computer hardware in the finance department. Darling advised the new computer system would provide considerable upgrades in data processing equipment for both the finance and police departments. The police department would receive the current system being used by finance personnel. See Clerk's File 1989 -18. Councilmember Napper arrived at the meeting at 9:30 p.m. MOTION by Hoke to approve the Request for Proposals (RFP) and to authorize advertisement of the Request for Proposals (RFP) for a computer system. SECOND by Walsh. Ayes: Walsh, Hoke, Oxborough. Nays: 0. Abstain: Napper. MOTION by Hoke to set a special council meeting on June 5, 1989, at 6:00 p.m. for the purpose of approving bids received for city park improvements portion of the school /city park project. SECOND by Walsh. Ayes: Napper, Walsh, Hoke, Oxborough. Nays: 0. Jerry and Jim Anderson from AAA Auto Salvage and their legal representative were present to discuss the impact of the adoption of Appendix Chapter 38 on their proposed relocation project. Mike Molenda, attorney for the AAA Auto Salvage, informed Council the Andersons had been under the assumption that their project would not be affected by the recently passed fire suppression requirements and provided alternatives for the Council to consider. Molenda advised the Andersons would be willing to install a dry system if an indication is received from the city that city water would be installed within a reasonable period of time. Molenda stated the cost for constructing a reservoir for a sprinkler system could prohibit the project from moving forward. Council and staff discussed the alternatives presented by the Anderson's counsel and the feasibility of excluding the project from the Appendix Chapter 38. Following further discussion, Council reached a consensus that 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 1989 229 because of the simultaneous adoption of Appendix Chapter 38 and approval by Council for rezoning and including salvage operations as an allowable use in the Zoning Ordinance and the scheduled completion of the project, the Appendix Chapter 38 requirements s'iould not apply to the AAA Auto Salvage project. See Clerk's File 1989 -18. MOTION by Oxborough the interpretation by the City Council was that Appendix Chapter 38 will not apply to the AAA Auto Salvage project because of the time frame of the completion of the project. SECOND by Walsh. Ayes: Walsh, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to authorize city staff to work with representatives of AAA Auto Salvage to work out an agreement on the installation of the sprinkler system according to Appendix Chapter 38 and the availability of city water to the project. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: 0. Councilmember Walsh provided an update on the dances scheduled during Leprechaun Days. See Clerk's File 1989 -18. Mayor Hoke requested that town meeting discussion be tabled to the June 6, 1989 Council Meeting since he has not received the summary of the town meeting from Decision Resources. Administrator Stephan Jilk reviewed the job description, salary range and advertisement for the public works supervisor position. See Clerk's File 1989 -18. Administrator Stephan Jilk advised that General Cox, and Tom Vesley from the Minnesota National Guard, and Gary Berg from Brooklyn Park, addressed issues on funding, time frame, design questions and general information at the last Armory Committee meeting. At the June 5 meeting, ice arena managers from other communities will be invited to attend to answer questions from members of the committee. Administrator Stephan Jilk recommended that Council appoint a representative to apply for appointment by Governor Perpich to a 22- member coordinating commission. Jilk advised the commission will be charged with developing and implementing a management plan for the river corridor as a result of Congress designating a 69 mile stretch of the Mississippi a national river and recreation area. See Clerk's File 1989 -18. MOTION by Napper to submit the name of Rollan Hoke as an applicant for the Mississippi National River and Recreation Area coordinating commission. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh. Nays: 0. Abstain: Hoke. 230 Administrator Stephan Jilk presented the concept of inviting county representatives and Dakota County Citizens Against Burning (DCCAB) representatives to an informational meeting with Council regarding the Dakota County resource recovery project. Council concurred to review this suggestion at a later date. The administrator requested direction from Council on whether staff should proceed to schedule tours of Combustion Engineering facilities similar to the one proposed to be built in Dakota County. The administrator advised Combustion Engineering would be responsible for hotel accommodations and ground transportation, and the city would be responsible for airfares. It was the consensus of Council that staff continue working with county representatives and Combustion Engineering on further details for a tour in August. MOTION by Hoke to adjourn. SECOND by Walsh. Ayes: 4. Nays: 0. ATTEST: Administrator /Clerk Published this =J'day of ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING HAY 16, 1989 Respectfully subm),tted, Susan M. Johnson, Deputy Clerk 1989, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 23, 1989 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Tuesday, May 23, 1989, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh and Napper present. Councilmembers Wippermann and Oxborough were absent. Mayor Hoke led the group in the Pledge of Allegiance. Mayor Hoke explained that the purpose of the meeting was to allow Dakota County to hold the Board of Review meeting in the City of Rosemount. Mayor Hoke made a few comments on the tax structure and made available handouts regarding tax burden sharing between the city, county and school district. He introduced Bill Peterson, Dakota County Assessor's Office and turned the meeting over to the county representatives. The administrator /clerk had in his presence the Affidavit of Publication for this meeting. See Clerk's File 1989 -19. 1 Mr. Peterson gave a brief introduction on the purpose and procedure of the meeting. Administrator Stephan Jilk presented Mr. Peterson with the absentee owner petitions received by city staff. The administrator advised these petitions will be placed on file. See Clerk's File 1989 -19. Representatives of the owners of Rosemount Woods manufactured home park made a presentation regarding the method used by the county to determine valuation of their property. Council asked the county staff to continue to work with these owners on this matter. MOTION by Napper to adjourn. SECOND by Walsh. Ayes: 3. Nays: 0. ATTE Rollan Hoke, Mayor 7tl Published this Thay of Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 23, 1989 Respectfully submitted, llf4� an Jilk Administrat.r /Clerk 1989, in Dakota County ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 31, 1989 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Tuesday, May 31, 1989, at 6:30 p.m. in the Council Chambers of City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The purpose of the meeting was to continue the process of reviewing the proposed new zoning ordinance with city staff. This is the fifth such special session to accomplish this review following the city Planning Commission's review of it. 231 City Planner Michael Wozniak assisted the council in reviewing specific areas previously addressed by the council and as set out in his memorandum. See Clerk's File 1989 -20. 232 ATTEST: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 31, 1989 The council reached consensus on the first four items listed in Wozniak's memorandum and agreed that staff should proceed to develop "downtown development guidelines" for council consideration and adoption by October 1, 1989. Also, the adoption of the rest of the ordinance would not be held up by the lack of these guidelines. Bob Pulfer, representing USPCI, presented language for council consideration regarding landfills. Councilmember Oxborough left the meeting at 9:15 p.m. MOTION by Napper to adjourn. SECOND by Walsh. Ayes: 4. Nays: 0. Respectfully submitted, te an Jil Administrator /Clerk ollan Hoke, Mayor yf t Published this /5 day of/ 1989 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 5, 1989 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Monday, June 5, 1989, at 6:00 p.m. in the Council Chambers of City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann and Napper present. Councilmember Oxborough was absent. Mayor Hoke led the group in the Pledge of Allegiance. Mayor Hoke explained that the purpose of the meeting was to review bids received on the alternates for Shannon Park Elementary School. The alternate bids are for an additional parking lot and other park improvements for the new city Shannon Park North. Council reviewed the bids from five contractors and the recommendation from city staff to accept the bids from Loeffel Engstrand Company of Hopkins, Minnesota, which submitted the overall low bids for the school and park projects. The bids to the city for the park work were as follows: Alternate 1, $28,700 and Alternate 2, $56,000. See Clerk's File 1989 -21. MOTION by Napper to accept the bids for this project and to award the contract to Loeffel Engstrand Company of Hopkins, Minnesota for parking lot and miscellaneous park improvements to the city's Shannon Park North in the combined amount of $84,700 and to direct city staff to notify Independent School District 196 of this approval. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 4. Nays: 0. ATTEST: Rollan Hoke, Mayor y-h Published this /5 of Tribune. ROSEMOUNT CITY PROCEEDINGSGe SPECIAL MEETING JUNE 5, 1989 Respectfully submitted, tejTian Jilk Administrat. /Clerk 1989 in Dakota County ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, June 6, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 4(m) Minutes of May 23, 1989 Special Council Meeting and Item 9(e) Helwig Request for Abatement of Assessment. Item 4(g) Limerick Way Watermain Project Contract 1988 -9, Final Payment, was moved under New Business, Item 9(f). Dean Sandstrom, Mechanic III, and Bob Barfknecht, Mechanic I, were introduced and officially welcomed by the City Council. Roger Schanus from the accounting firm of Boeckermann, Heinen Mayer presented the Annual Financial Report for the year ended December 31, 1988. See Clerk's File 1989 -22. Mayor Hoke suspended the regular agenda to open the public hearing scheduled at this time to consider the proposed assessments for Valley Oak Addition Replat, Phase III, Utility and Street Improvements of 1988, City Project No. 180. 234 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1989 The administrator /clerk presented the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -22. City Engineer Rich Hefti advised Council the public improvements installed under Project 180 included watermain, sanitary sewer, storm sewer, curb and gutter, bituminous surfacing and street lighting for a total assessment cost of $214,810.05. This amount will be divided equally among the 27 lots with the exception of the round off figure of $.21 being applied to Lot 5, Block 2. Council received no objections from the audience regarding the proposed assessments. MOTION by Wippermann to close the public hearing. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, VALLEY OAK ADDITION REPLAT -PHASE III STREET AND UTILITY IMPROVEMENTS, PROJECT N0. 180. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke opened the public hearing to consider the Chelsea Woods Estates preliminary plat. The administrator /clerk presented the Affidavit of Publication and Affidavit of Posted and Mailed Hearing Notice. The administrator advised that one public notice was prepared for this hearing and the Chelsea Woods Estates rezoning hearing scheduled for this meeting. See Clerk's File 1989 -22. Council reviewed the Chelsea Woods Estates preliminary plat which consists of eight lots ranging from approximately three to seven acres in size on a forty acre parcel located just north of Shannon Parkway and County Road 38. City Planner Mike Wozniak advised the Planning Commission approved a variance request from the developer to allow an 85 foot setback on Lot 2, Block 2. Wozniak further advised the Planning Commission recommended approval of the preliminary plat subject to several conditions. See Clerk's File 1989 -22. Developer Mary Eggum reviewed the proposed subdivision and answered questions from Council. There were no concerns presented from the audience regarding the proposed preliminary plat. MOTION by Walsh to close the public hearing. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION GIVING APPROVAL TO THE CHELSEA WOODS ESTATES PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL APPROVAL. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1989 235 Mayor Hoke opened the public hearing to consider the rezoning from AG Agriculture to RR Rural Residential of the forty acre parcel proposed for the Chelsea Woods Estates subdivision. The administrator /clerk presented the Affidavit of Publication and Affidavit of Posted and Mailed Hearing Notice. See Clerk's File 1989 -22. The Council was advised of the Planning Commission's recommendation to approve the rezoning as petitioned by the developer for the subdivision and to withhold action on the rezoning until final plat approval. It was the consensus of Council to table any action. See Clerk's file 1989 -22. MOTION by Walsh to close the public hearing. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. The regular agenda items resumed at this time. In review of the 1988 Financial Report, the city auditor advised the report for the first time included those funds for the Rosemount Housing and Redevelopment Authority and combined the self- supporting recreation funds. The administrator noted formal acceptance and authorization for publication of a summary of the report will be conducted under the consent agenda. City Engineer Rich Hefti advised Council the four by four pickups for the fire department have been received. Hefti explained that Farmington Ford ordered the pickups with a smaller engine than specified by the fire department, but the city's mechanic indicated that because they are fuel injected, the engine would be adequate for the fire department and public works department's needs. See Clerk's File 1989 -22. MOTION by Walsh to approve the consent agenda with the exception of Item 4(g) Limerick Watermain Project Final Payment. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Council was presented for adoption a resolution authorizing approval of the Joint Powers Agreement which establishes the six -city transit authority for the Cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage. Community Development Director Dean Johnson advised the replacement service plan will be submitted to the Regional Transit Board before July 1, 1989 for replacement of the existing Metropolitan Transit Commission transit services with similar services to begin in 1990. See Clerk's File 1989 -22. 3 236 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1989 MOTION by Walsh to adopt A RESOLUTION ADOPTING A SIX -CITY JOINT POWERS AGREEMENT, ESTABLISHING A SIX -CITY TRANSIT AUTHORITY. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson referred to proposed language received from USPCI pertaining to a potential amendment in the zoning ordinance. Johnson advised the language related to the establishment of a waste management district which would specifically provide regulatory guidelines for an industrial containment facility. Since city staff has not had time to review the draft language, Johnson advised city staff would be unable to comment on the draft language at this time. He further advised the document had been forwarded to the city attorney. The community development director provided background information on the proposal received from USPCI to build an industrial waste containment facility in the Pine Bend area and the subsequent moratorium adopted by Council which precludes the city from acting upon any permit requests for landfills until July 1, 1989. Johnson gave a brief explanation of the status of the environmental review process regarding the proposal and the city's potential involvement for site plan review and rezoning requests. Johnson extended an offer for city staff to provide information to assist persons interested in arranging neighborhood meetings regarding the proposal from USPCI if there was an interest. See Clerk's File 1989 -22. Citizens living in the vicinity where the containment facility is proposed to be located voiced their objections to the project. A representative from NUFACE (Neighbors United For A Cleaner Environment), Emily Rahn, requested that a public meeting be scheduled for all Rosemount residents to attend. It was the consensus of Council that all residents should be invited to any informational meetings scheduled, but that it would be appropriate for the applicant, USPCI to arrange such meetings. A recess was called at 9:15 p.m. The meeting continuing at 9:30 p.m. Economic Development Specialist Tracie Pechonick presented for approval the Policy Statement for Rosemount Meals on Wheels, the Agreement Between Apple Valley Health Care Center and The Rosemount Meals on Wheels Advisory Board and the Agreement Between the City of Rosemount and The Rosemount Meals on Wheels Advisory Board. See Clerk's File 1989 -22. MOTION by Hoke to approve the documents presented for The Rosemount Meals on Wheels program and to authorize the City of Rosemount to enter into an agreement with The Rosemount Meals on Wheels Advisory Board. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Economic Development Specialist Tracie Pechonick informed Council of the interest expressed by the Economic Development Committee of the Rosemount Chamber of Commerce to be appointed as the Rosemount's Star City Committee. See Clerk's File 1989 -22. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1989 237 MOTION by Walsh to adopt A RESOLUTION DESIGNATING THE ROSEMOUNT STAR CITY COMMITTEE. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Parks and Recreation Director David Bechtold presented for Council information an itemized summary of Connemara Park projects. Bechtold referred to the segments of the project that have been completed and requested Council authorization to proceed with completion of the remaining portions of the park project. See Clerk's File 1989 -22. MOTION by Walsh to prepare the plans and specifications and to advertise for bids the Connemara Park projects listed in the parks and recreation director's memorandum dated May 24, 1989. SECOND by Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Parks and Recreation Director David Bechtold informed Council of an agreement made several years ago with the United Methodist Church of Rosemount to allow the city to use their parking lot for park use. Bechtold advised representatives of the church have requested that the city participate in the cost sharing for the expansion of the parking lot. The Parks and Recreation Committee approved this request. See Clerk's File 1989 -22. MOTION by Wippermann to authorize an expenditure not to exceed $7,000 to cost share in the expansion of the United Methodist Church parking lot and to appropriate the funds from the park dedication fund account. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Council unanimously confirmed that the regular council meeting scheduled for July 4 will be held on July 5, 1989, at 7 :30 p.m. See Clerk's File 1989 -22. City Engineer Rich Hefti requested Council's approval of the plans and specifications for Contract 1989 -5, Shannon Parkway Street Improvements and authorization to advertise for a bid opening on July 14, 1989, at 10:00 a.m. Council was presented a letter from the attorney for the Kelley Trusts who indicated the trusts would not appeal the assessment for sewer and water costs for this project. See Clerk's File 1989 -22. MOTION by Hoke to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR SHANNON PARKWAY STREET AND UTILITY IMPROVEMENTS, PROJECT $194. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: Wippermann. City Planner Mike Wozniak recommended that Council approve the agreement between the City and Dale Helwig which would cause the County Road 42 assessment against Helwig to be waived 238 subject to Helwig not pursuing residential development on a 2.28 acre parcel of property. Wozniak advised the agreement was prepared at the direction of Council as a condition of their decision to abate a special assessment when Council considered an appeal to the Planning Commission decision which denied recognition of the Helwig parcel. See Clerk's File 1989 -22. MOTION by Walsh to approve the Agreement for the Dale Helwig assessment abatement and to authorize the necessary signatures. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Napper to approve final payment for Contract 1988 -9, Limerick Way Watermain Project, in the amount of $4,088.24 to T S Excavating, Inc., subject to receipt of documentation that the contractor has paid the bill submitted by Feder Plumbing and Heating for broken sewer pipe. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. ATTES StephgGh Jilk, inistrator /Clerk Published this cx"f day of Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 1989 Respectfully submitted, Susan M Johnson, Deputy Clerk 1989 in Dakota County 6 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, June 20, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Wippermann and Oxborough present. Councilmember Walsh was absent. Councilmember Napper arrived later on during the meeting. MOTION by Wippermann to approve the consent agenda with the removal of Item 4(i). SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough. Nays: 0. See Clerk's File 1989 -23. 1 239 Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended as follows: Item 3(a) Sources and Uses of Funds and Item 4(i) Authorize Purchase of Water Tower #2 Site were deleted from the agenda. Item 7(j) Change /Authorize Use of CIP Funds; Item 7(k) Authorize Grading and Seeding of Connemara Park; Item 8(c) Dodd Road Pedestrian Pathway and Safety Issues; and Item 9(b) RTB Board Appointment were added to the agenda. City Engineer Rich Hefti provided information relating to the purchase price and land acquisition for the new water tower. See Clerk's File 1989 -23. Finance Director Don Darling recommended that Council receive and then reject the bids opened on June 6, 1989 for computer equipment since the bids were far greater than budgeted funds available. Darling requested Council authorization to investigate the purchase of equipment to configure a system to provide service to the finance department and community development department. See Clerk's File 1989 -23. MOTION by Hoke to accept the bids as presented and to reject all bids because of budgetary restraints. SECOND by Wippermann. Ayes: Hoke, Oxborough, Wippermann. Nays: 0. MOTION by Hoke to direct staff to investigate the purchase of equipment to configure a system to provide service to the finance and community development departments as outlined in their needs. SECOND by Wippermann. Ayes: Oxborough, Wippermann, Hoke. Nays: 0. City Planner Mike Wozniak presented for Council review the final plat for Chelsea Woods Estates and the rezoning for this plat from agriculture to rural residential which was considered at the June 6, 1989 rezoning public hearing. See Clerk's File 1989 -23. 240 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1989 MOTION by Wippermann to adopt A RESOLUTION APPROVING THE CHELSEA WOODS ESTATES FINAL PLAT. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Wippermann to adopt AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 ZONING ORDINANCE. SECOND by Oxborough. Ayes: Hoke, Oxborough, Wippermann. Nays: 0. Fiscal Consultant Ron Langness, Springsted, Inc. presented for Council consideration and award, the bids received and opened at 12:00 Noon this date at the Springsted, Inc. offices for the sale of $2,575,000 General Obligation Improvement Bonds, Series 1989B. The fiscal consultant recommended awarding the sale to Dain Bosworth Incorporated, Merrill Lynch Capital Markets, The Northern Trust Company at the net interest cost and rate of $1,169,242.59 and 6.67677% respectively. Langness described the net interest rate as excellent and predicted a savings between $50,000 to $60,000 to the city as compared to the estimated costs provided by the fiscal consultants. See Clerk's File 1989 -23. MOTION by Wippermann to adopt A RESOLUTION ACCEPTING BID ON SALE OF $2,575,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1989B, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. SECOND by Oxborough. Ayes: Oxborough, Wippermann, Hoke. Nays: 0. Mayor Hoke suspended the regular agenda to open a public hearing scheduled at this time to consider a petition to vacate a portion of the utility and drainage easement located between Lot 5 and Lot 4, Block 3, Broback 5th Addition. The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -23. City Engineer Rich Hefti advised the petition was initiated by the respective owners of Lot 4 and Lot 5 since both owners have garages that encroach on a ten foot drainage easement existing on each side of their common lot line. Hefti recommended vacating only a portion of the easement on each lot and maintaining the easement that is not being encroached upon for possible future needs. See Clerk's File 1989 -23. MOTION by Wippermann to close the public hearing. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION CAUSING VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENT ON LOT 4 AND 5, BLOCK 3, BROBACK 5TH ADDITION. SECOND by Oxborough. Ayes: Hoke, Oxborough, Wippermann. Nays: 0. Administrator Stephan Jilk presented for Council consideration an ordinance granting Northern States Power a franchise for the operation of a natural gas utility within the city for fifteen years. Jilk outlined the conditions of the franchise and advised 2 1 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1989 241 the utility company has committed outside the Franchise Agreement to a minimum payment of $1,000 per year to the city for economic development purposes. See Clerk's File 1989 -23. MOTION by Hoke to adopt AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSE OF INSTALLING, ENLARGING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF ROSEMOUNT, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO SAID CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH SAID CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. SECOND by Wippermann. Ayes: Oxborough, Wippermann, Hoke. Nays: 0. Administrator Stephan Jilk presented staff's recommendation to adopt an ordinance extending the moratorium on landfills and other similar uses from July 1, 1989 to December 31, 1989. Jilk advised the extension would allow staff additional time to complete a planning study on landfills. Council was advised that USPCI representatives were informed of the recommended extension. See Clerk's File 1989 -23. MOTION by Oxborough to adopt AN ORDINANCE EXTENDING AN INTERIM ORDINANCE TEMPORARILY PROHIBITING ISSUANCE OF LAND USE APPROVALS AND BUILDING PERMITS FOR LANDFILLS AND SIMILAR USES. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough. Nays: 0. Administrator Stephan Jilk provided the list of firms who responded to the city's advertisement for architectural firms to submit Statements of Qualifications (SOQ's) to accomplish certain spacial needs studies for the city hall, fire station and public works garage. Eight firms submitted Statements of Qualifications which were reviewed by city staff. The administrator presented staff's recommendation that the firms of Boarman Associates, Toltz, King, Duvall, Anderson Assoc., Inc., Thorbeck Lambert Architects Ltd. and Winsor /Faricy Architects, Inc. be chosen to receive a Request for Proposal (RFP) for the city's space needs analysis. The administrator reviewed the Request for Proposal to be sent to the four firms. See Clerk's File 1989 -23. MOTION by Hoke to accept the recommendation of city staff and approve the list of four firms to submit RFP's for the completion of the spacial needs study. SECOND by Wippermann. Ayes: Hoke, Oxborough, Wippermann. Nays: 0. MOTION by Hoke to approve the RFP format and to authorize staff to send the RFP's to those final four firms on the list. SECOND by Wippermann. Ayes: Oxborough, Wippermann, Hoke. Nays: 0. 242 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1989 Council was in unanimous agreement to defer action on accepting the bids and awarding Contract 1989 -2, West Ridge 3rd Addition Street and Utility Improvements until the developer has submitted the appropriate letter of credit. Parks and Recreation Director David Bechtold recommended that Council approve the plans and specifications for Jaycee Park Irrigation Improvements, Project 198 and Shannon Park Irrigation Improvements, Project 203 and set a bid opening for both projects on July 12, 1989, at 10:00 a.m. See Clerk's File 1989 -23. MOTION by Oxborough to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS OF JAYCEE PARK IRRIGATION IMPROVEMENTS, PROJECT 198. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Oxborough to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR SHANNON PARK IRRIGATION IMPROVEMENTS, PROJECT 203. SECOND by Wippermann. Ayes: Hoke, Oxborough, Wippermann. Nays: 0. MOTION by Hoke to accept the quotes and to award the contract for materials and installation of the irrigation system in Connemara Park to Midland Nursery in the amount of $12,450. SECOND by Wippermann. Ayes: Oxborough, Wippermann, Hoke. Nays: 0. Parks and Recreation Director presented the quotes received for control buildings to house the irrigation controls and pressure pumps for the irrigation systems in Jaycee Park, Connemara Park and Shannon Park. Bechtold advised the buildings were designed large enough to store park supplies and equipment as well as the controls for the irrigation system. See Clerk's File 1989 -23. MOTION by Hoke to accept the quotes as received and to award the contract to Nelson Co. for the construction of three control buildings in each of the three parks in an amount not to exceed $3,600 per building. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough. Nays: 0. Administrator Stephan Jilk requested approval of the ambulance service contract with Divine Redeemer Memorial Hospital for a period of four years ending January 1, 1992. Jilk advised the city managers and administrators of the cities contracting with the hospital have reviewed the contract and will be collectively requesting their respective city councils for approval. Jilk explained the changes from the previous years' contract and advised Police Chief Staats and Fire Chief Aker have indicated their support for approval of the new contract. See Clerk's File 1989 -23. MOTION by Wippermann to approve the ambulance service contract with Divine Redeemer Memorial Hospital for four years ending January 1, 1993. SECOND by Oxborough. Ayes: Hoke, Oxborough, Wippermann. Nays: 0. 4 1 1 1 1 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1989 243 Council reviewed the memorandum received from city staff regarding a request from the American Legion for the City to provide financial assistance for right -of -way improvements in conjunction with their plans for expansion of their existing facility located on Burma Avenue. City Engineer Rich Hefti advised the public improvements would include curb and gutter, sidewalks, and the installation of conduit for decorative street lighting on Burma Avenue, Burnley Avenue and a segment of 145th to allow for the extension of the Downtown Beautification Program. It was noted the City Housing Redevelopment Authority at their June 6, 1989 meeting agreed to share the costs for these improvements. See Clerk's File 1989 -23. MOTION by Hoke to approve the concept of sharing the costs of the public improvements and to authorize preparation of the plans and specifications for these improvements. SECOND by Oxborough. Ayes: Oxborough, Wippermann, Hoke. Nays: 0. City Engineer Rich Hefti reviewed with Council the plans and specifications for the remodeling of the south bay of the public works garage into a lunch room and office area. Hefti pointed out that even though the possibility exists of relocating the public works facility in the future, the need for office space and a safe and adequate lunchroom area is critical. Hefti also related to the possibility of relocating another city department to this area, and the remodeled area could be used by other staff. See Clerk's File 1989 -23. MOTION by Oxborough to approve the plans and specifications for the remodeling of the south bay of the public works garage and set a bid opening for July 14, 1989, at 10:00 a.m. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough. Nays: 0. Parks and Recreation Director David Bechtold requested changes and authorization to use CIP funds for projects scheduled in Jaycee Park and Schwarz Park. Bechtold advised that the development timetables for West Ridge and Wensmann Additions has necessitated a change in the appropriation of CIP funds designated for Jaycee Park. The Parks Director also presented the Parks Recreation Committee request that CIP funds be transferred from funding a portable dock in Schwarz Park to rest stop benches and tables. See Clerk's File 1989 -23. MOTION by Hoke to authorize changes in the 1989 CIP budget for Items 54, 56 and 58 and to allow these funds to be used for the projects as listed. SECOND by Oxborough. Ayes: Hoke, Oxborough, Wippermann. Nays: 0. City Engineer Rich Hefti requested Council authorization to advertise for an additional Mechanic Level II position in the utilities department. The Utilities Commission recommended 244 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1989 approval for the position. Salary and benefit costs will be funded from the water and sewer operating funds. See Clerk's File 1989 -23. MOTION by Oxborough to authorize staff to advertise for a Mechanic II position. SECOND by Hoke. Ayes: Oxborough, Wippermann, Hoke. Nays: 0. MOTION by Hoke to accept the quotes received for Connemara Park grading and seeding project and to award the contract to Sathra Landscaping Co. in an amount not to exceed $5,089. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough. Nays: 0. Chairperson of the Citizens Advisory Committee Sheila Klassen presented the final recommendations from the advisory committee to Council. Klassen reviewed the six goals and strategies formulated by the committee through their review and discussion on several activities of the community involvement process. Klassen advised that the tactics listed in the final goals and strategies recommendations were included to provide clarification of what the committee had in mind when they developed a particular strategy. See Clerk's File 1989 -23. Mayor Hoke recognized several members of the committee who were present in the audience as well as those not present at the meeting. The Council extended their appreciation to the advisory committee members for their time and efforts and their participation in the community involvement process. Discussion ensued among council, staff and advisory committee members on the next step in this process. It was the consensus of the council that a work session be scheduled to allow staff and council the opportunity to discuss the appropriate method for utilizing the information provided by the advisory committee. Council further agreed that the process and timeliness regarding the recommendations will be presented at a future council meeting at which the advisory committee will be invited to attend. Discussion ensued on the summary of the second town meeting prepared by Decision Resources. Council and advisory committee members agreed the consultants should be requested to resubmit their report on the notes taken from the six groups who discussed the six goals set by the Advisory Committee. The council and advisory committee members agreed that the report was too refined causing a deletion of some of the information. Councilmember Napper joined the meeting at 10:00 p.m. MOTION by Hoke to formally accept the Citizens Advisory Committee recommendations and to formally thank the committee members for their participation in the community involvement process. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Wippermann. Nays: 0. 6 1 ROSEHOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1989 245 Council discussed the proposal received from Mayor Hoke to form a Town Green Ad Hoc Committee and the Mayor's recommendations on the duties the committee would be charged with and the representation of membership. Mayor Hoke explained this ad hoc committee would act as an advisory committee to staff and the Parks and Recreation Committee and advised his concept of forming such a committee received the general support from the Parks and Recreation Committee at their June 19, 1989 meeting. Following considerable discussion on the role of this committee and the selection process for membership, council reached a consensus that each member of the council be responsible for selecting a member from the following categories: Councilmember Napper business, Councilmember Oxborough citizen -at- large, Councilmember Wippermann citizen -at- large, Mayor Hoke civic group. Council agreed that Councilmember Walsh would not be responsible for selecting a member since he was absent, and the Parks and Recreation Director would ask for membership from the Parks and Recreation Committee. See Clerk's File 1989 -23. MOTION by Hoke to support the formation of a Town Green Ad Hoc Committee, to select the members of the committee according to the process agreed upon by the Council and to select members who are supportive of the town green concept. SECOND by Wippermann. Ayes: Oxborough, Napper, Wippermann, Hoke. Nays: 0. Mayor Hoke presented his concerns regarding the large number of pedestrian and bike traffic using Dodd Boulevard from the Tom Thumb food store to the dead end of Dodd Boulevard and the large number of drivers using this street as a "speedway" and disobeying speed limit signs. The Parks and Recreation Director advised CIP funds are being requested for a bike trail on the south side of Dodd Blvd., from Chippendale to Diamond Path, in 1990 and 1991. Administrator Stephan Jilk advised the budget process could allow the funds set aside for the bike trails to be re- prioritized by council decision and the police department could address the traffic situation. Administrator Stephan Jilk provided an update on the recent meeting of the Armory Committee and advised the next meeting will be held on June 26, 1989, at the fire hall. Administrator Stephan Jilk advised that because the Regional Transit Board was reorganized by the 1989 Legislature, all seats on the board are up for appointment. Jilk presented staff's recommendation for Council to formally endorse the reappointment of Edward Kranz, Hastings, MN, who has been very supportive to the six cities which have chosen to opt out and provide their own local transportation service. See Clerk's File 1989 -23. 246 MOTION by Napper to support the reappointment of Edward Kranz as the city's representative on the Regional Transit Board. SECOND by Wippermann. Ayes: Napper, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Oxborough to adjourn. SECOND by Hoke. Ayes: 4. Nays: 0. ATTEST: Steph Jilk,ministrator /Clerk Published this /,'3 day of Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 1989 Respectfully submitted, Susan M.`3oh'son, Deputy Clerk 1989 in Dakota County ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, July 5, 1989 at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann and Napper present. Councilmember Oxborough was absent. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 3(b) Spring Cleanup /Recycling Update; Item 6(g) Leprechaun Days /Approval of Limited Parking and Street Closing; Item 6(h) Approval Purchase of Mobile Lift; and Item 8(b) Accident Insurance City Council /Commission Members. City Engineer Rich Hefti reported on County Traffic Engineer Pete Sorenson's recommendation to the County Board on July 11, 1989 to install a four -way stop at the intersection of Connemara Trail and Diamond Path. Hefti advised the county traffic engineer indicated he would not recommend the installation of traffic signals at this intersection until Diamond Path is widened to provide the necessary turn lanes. Additionally, the county traffic engineer had determined that traffic counts and the traffic record at the intersection of Shannon Parkway and County Road 42 does not warrant any further consideration for traffic control at this time. Hefti referred to the resolution for Council adoption under the consent agenda requesting the Dakota County Board of Commissioners to include funding for traffic signals for these two intersections in the County Highway Department's five year capital improvement program. See Clerk's File 1989 -24. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1989 Community Development Director Dean Johnson reported on the success of the city's spring cleanup day held on May 9, 1989. Johnson further informed Council the city has met 67 percent of its annual goal of the curbside recycling program. MOTION by Napper to approve the consent agenda as presented. SECOND by Hoke. Ayes: Wippermann, Hoke, Napper. Nays: 0. Abstain: Walsh. Staff recommended that Council take action again on the rezoning of Chelsea Woods Estates since the amendment to the zoning ordinance did not represent a four- fifths vote of the Council. See Clerk's File 1989 -24. 24. 2 247 MOTION by Walsh to adopt Ordinance No. XVII.96, AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 ZONING ORDINANCE. SECOND by Wippermann. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. City Engineer Rich Hefti recommended that awarding the contract for public improvements for West Ridge 3rd Addition should not occur at this time since the developer has not provided the required letter of credit. John Broback from Rosemount Development Company was present at the meeting and requested that Council waive this requirement and allow his company to proceed with the 3rd Addition under the same terms and conditions as West Ridge 1st and 2nd Additions. City staff informed Council that since 1988 all developers have been required to provide either a 100 percent or 60 percent letter of credit depending on whether the improvements are done publicly or privately. Following further discussion, Council unanimously agreed the developer should try before the July 18, 1989 Regular Council meeting, to obtain a letter of credit or a satisfactory alternative. See Clerk's File 1989- Council provided the names of their respective nominations for members on the Town Green Ad Hoc Committee. Councilmember Walsh, who was not present at the June 20, 1989 Regular Council meeting, requested that he also provide a selection of a member. Council concurred that even though Councilmember Walsh was not desigated by Council action to select a member to this committee, it was the Council's intent that Councilmember Walsh have the opportunity to do so. See Clerk's File 1989 -24. MOTION by Napper to change the policy approved by Council at the June 20, 1989 Regular Council meeting to include a person of Councilmember Walsh's choice. SECOND by Wippermann. Ayes: Hoke, Napper, Wippermann. Nays: 0. Abstain: Walsh. Council discussed the role and charge of the Town Green Ad Hoc Committee with Council agreeing that Mayor Hoke should present to the Parks and Recreation Committee, for their approval, a detailed outlined on what the charge of this committee will 248 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1989 be, and how it will interact with the Parks and Recreation Committee. Council further agreed the ad hoc committee should study alternative sites for the town green project. See Clerk's File 1989 -24. MOTION by Walsh to authorize the purchase of the basic computer networking system as presented by the Community Development Department in an amount not to exceed $15,000 from P.C. Express, Burnsville with funds from the 1989 CIP. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Hoke to adopt Ordinance No. XIV.9, AN ORDINANCE AMENDING TITLE 7, CHAPTER 4 PERTAINING TO DOGS AND CATS. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. MOTION by Hoke to adopt A RESOLUTION ESTABLISHING FINES, FEES AND CHARGES FOR AND IMPOUNDMENT OF DOGS AND CATS WITHIN THE CITY OF ROSEMOUNT AND FURTHER ESTABLISHING KENNEL AND /OR CATTERY REGISTRATION FEES. SECOND by Walsh. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. See Clerk's File 1989 -24. Parks and Recreation Director David Bechtold presented his recommendation for the hiring of Mark Joosten for the position of Forestry Level II. Bechtold reviewed the candidate's starting salary and step process as outlined in his memorandum dated June 21, 1989. See Clerk's File 1989 -24. MOTION by Walsh to hire Mark Joosten to fill the position of Forestry Level II with a starting date of July 19, 1989, at a salary of $11.89 per hour. SECOND by Hoke. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. Council reviewed staff's recommendation to hire Robert Raddatz to fill the position of public works supervisor. City Engineer Rich Hefti reviewed Radditz' background and experience with Council and outlined the general duties of this position. Discussion ensued as to whether the candidate's management background had prevented him from being directly involved with the operation of city street equipment which is one of the required duties of this position. See Clerk's File 1989 -24. MOTION by Napper to approve the hiring of Robert Raddatz for the public works supervisor position subject to the conditions outlined in the City Engineer's memorandum dated July 5, 1989, with an annual salary of $37,269 and a starting date of August 14, 1989. SECOND by Hoke. Ayes: Napper, Wippermann, Hoke. Nays: Walsh. MOTION by Hoke to purchase the office furniture as listed in the administrator's memorandum of June 30, 1989 from Fair Book in an amount not to exceed $8,668. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. 1 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1989 249 City Administrator Stephan Jilk reviewed staff recommendations for remodeling and relocating of employees to provide additional work space for staff in city hall. The administrator estimated the cost for remodeling would be leas than $10,000 and advised the money had been budgeted for in 1989 for such a project. See Clerk's File 1989 -24. MOTION by Hoke to direct staff to receive quotes from contractors to accomplish the recommendations outlined in the administrator's memorandum. SECOND by Napper. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. Deputy Clerk Susan Johnson presented several revisions to the city liquor ordinance for Council consideration. These revisions included but were not limited to the increase of license fees, decrease of investigation fees, strong beer provision, extending Sunday on -sale hours, allowing off -sale liquor on January 1 and July 4 and to include a bottle club license. City liquor license holders were present at the meeting and commented on some of the proposed revisions. After discussion of each of the proposed revisions, Council reached a consensus that all the proposed revisions should be included in the final draft of the ordinance to be reviewed at _'the August 15, 1989 regular Council meeting. See Clerk's File 1989 -23. MOTION by Hoke to set a public hearing on August 15, 1989, at 8:00 p.m., or as soon thereafter as possible, to consider the increase of certain liquor license fees and to consider the extension of Sunday on -sale hours. SECOND by Wippermann. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. MOTION by Napper to approve the limited no parking and street closings during Leprechaun Days and as outlined in Joseph Walsh's memorandum dated July 1, 1989. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. City Engineer Rich Hefti presented a recommendation for.. Council to purchase a mobile lift for the city maintenance garage. Hefti advised the mobile lift was recommended in the event the public works garage would be relocated. Council concurred that the costs for a permanent lift should be determined before a decision is made on whether to purchase a permanent or mobile lift. See Clerk's File 1989 -24. City Administrator. .Stephan Jilk presented an update on the most recent armory committee meeting and advised this committee will be- touring facilities in St. Peter and Brooklyn Park. 250 MOTION by Napper to purchase the League of Minnesota Cities sponsored accident coverage for the city council and city commissions and boards at an annual cost of $7.74 in 1989 and $12.75 per year after that. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. ATTES v Steph•'n Jilk, •f ministrator /Clerk Published this 27 day of Jf ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 1989 Respectfully submitted, san 1989 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, July 18, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. oh son, Deputy Clerk Les Kreifels, Manager of DPC Industries, Inc., formerly Dixie Petro Chem, extended an invitation for city council and staff members to attend an open house and luncheon on August 1, 1989, at their new facility located at 12800 Pine Bend Trail, Rosemount, MN. MOTION by Wippermann to approve the Consent Agenda subject to removal of Item 4(h) Set Hearing Dates /Zoning Ordinance Adoption and Item 4(1) Appointment of John Howard to Parks Recreation Committee to allow discussion of these items under old business and new business, respectively. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -25. Community Development Director Dean Johnson presented a recommendation, as directed by council at the last regular council meeting, to receive the bids and award Contract 1989 -2 for West Ridge 3rd Addition improvements subject to receipt by the city of a first mortgage against the developer's property involved in this project. It was the consensus of the council that this method of security provide a feasible alternative to the required sixty percent letter of credit. See Clerk's File 1989 -25. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 1989 251 MOTION by Walsh to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON WEST RIDGE 3RD ADDITION STREETS AND UTILITIES IMPROVEMENTS, CITY PROJECT NO. 195. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Discussion was held on the feasibility of purchasing a stationary truck hoist as opposed to a portable vehicle hoist for the city maintenance garage. City Engineer Rich Hefti addressed council's concerns presented at the last regular council meeting by explaining how the versatility of the portable lift would be more advantageous than having a permanent stationary lift. See Clerk's File 1989 -25. MOTION by Oxborough to approve the use of $6,300 from the 1989 CIP excess funds to purchase a portable vehicle lift. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Council reviewed recommendations received from various city departments for the purchase of computer system equipment and software which would provide a networking system for all city offices, enhancement of printer capabilities and new software applications for the finance and utility departments. See Clerk's File 1989 -25. MOTION by Hoke to approve the expenditure for the computer hardware and software purchases as presented by the finance, administration and parks recreation departments. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke suspended the regular agenda to open a public hearing scheduled at this time to consider the Limerick Crossing preliminary plat. The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -25. City Planner Michael Wozniak reviewed the preliminary plat for Limerick Crossing, which consists of 32 units of rental townhomes situated on a 2.72 acre parcel property at the intersection of Dodd Boulevard and Shannon Parkway. The Planning Commission recommended approval of the preliminary plat subject to detailed engineering recommendations, rezoning and a subdivision development contract. Council discussed a letter received by some of the councilmembers from Planning Commissioner Ron Jacobson regarding his recommendation that the city escrow park dedication funds fees for a future community park rather than a private park as proposed by the developer for the next phase of the townhome development. Parks Recreation Director David Bechtold advised the Parks Recreation Committee reviewed this issue with the Planning 252 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 1989 Commission last fall, and a consensus was reached that the developer would build a private park, with consideration that the city would maintain it. See Clerk's File 1989 -25. MOTION by Napper to close the public hearing. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Hoke to adopt A RESOLUTION APPROVING THE LIMERICK CROSSING PRELIMINARY PLAT. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Mayor Hoke opened the public hearing to consider a rezoning for Limerick Crossing from AG Agriculture to RM Residential Multiple. The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -25. City Planner Michael Wozniak described the property to be rezoned and advised the Planning Commission recommended approval of the rezoning from AG Agriculture to RM Residential Multiple. It was the consensus of Council to withhold action until final plat approval of Limerick Crossing. Mayor Hoke opened the public hearing to consider Project 201, Limerick Crossing Watermain Extension. The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted hearing Notice. See Clerk's File 1989 -25. Consulting Engineer Steve Campbell described the project and presented the findings of the feasibility report. The total estimated cost for the project is $65,000. MOTION by Walsh to close the public hearing. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Napper to adopt A RESOLUTION FOR APPROVAL OF LIMERICK CROSSING WATERMAIN, CITY PROJECT 201. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Walsh to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS OF LIMERICK CROSSING WATERMAIN, CITY PROJECT 201. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke opened the public hearing to consider the proposed assessments for Limerick Way Watermain Extension, City Project 193. The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -25. 3 4 ROSEMOUNT CITY PROCEEDINGS 253 REGULAR MEETING JULY 18, 1989 City Engineer Rich Hefti advised that under city contract a 16" watermain was built within the Limerick Way Addition; but in accordance with city policy, the developer will only be assessed for the cost of a 6" equivalent watermain to the Limerick Way Addition property. The lateral benefit cost is $24,158.50 and will be assessed against the one lot owned by the developer. MOTION by Oxborough to close the public hearing. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, LIMERICK WAY WATERMAIN EXTENSION, PROJECT NO. 193. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Mayor Hoke opened the public hearing to consider the proposed assessments for Lift Station #4 Sanitary Sewer Extension, City Project No. 181. The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -25. City Engineer Rich Hefti provided an overview of City Project No. 181 and city staff's proposal for assessing on a unit basis with each unit equivalent to 85'. Council reviewed the proposed assessment roll based upon a final assessment cost per unit of $1,480.04. John Hawkins, 4173 145th Street West, advised it was his understanding that city staff at a previous council meeting committed to deferring assessments on Parcel Nos. 34- 03010- 010-39 and 34- 03020 010 -41 until the parcels are developed or rezoned from agriculture to residential. Walter Strese, 4063 145th Street West, objected to the proposed assessment against Parcel No. 34- 03010 013 -37. Following discussion by Council regarding these objections, Council reached a consensus that action be withheld until staff can check the records to ascertain whether an agreement was made with John Hawkins to defer assessments on his two parcels until they are developed and to find out if these two particular parcels are classified as green acres. Council agreed to a short recess at 9:05 p.m. with the meeting continuing at 9:20 p.m. Council reviewed the bids received for the street and utility improvements within an extension of Shannon Parkway between 137th Street West and the Shannon Oaks Additions. City Engineer Rich Hefti recommended that Council award the 254 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 1989 contract to Richard Knutson Construction in the amount of $771,810.25, subject to state aid approvals and receipt of right of entry from the Kelley Trusts and U.S. Homes. See Clerk's File 1989- 25. MOTION by Hoke to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON SHANNON PARKWAY STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 194. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: Wippermann. Parks Recreation Director David Bechtold reviewed with Council the bids received for the irrigation of Shannon Park. The parks director noted the alternate bids received were for the two soccer fields on the school property which will be maintained by the city and considered a part of Shannon Park. See Clerk's File 1989 -25. MOTION by Walsh to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT ON SHANNON PARK IRRIGATION SYSTEM, PART 1 AND PART 2 ALTERNATE, CITY PROJECT NO. 204. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Parks Recreation Director David Bechtold presented the bids received for the irrigation of the northern portion of Jaycee Park and recommended awarding the contract to the lowest responsible bidder, Fair's Garden Center of Monticello, Inc. in the amount of $22,363. See Clerk's File 1989 -25. MOTION by Walsh to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT ON JAYCEE PARK IRRIGATION SYSTEM, CITY PROJECT NO. 205. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. The City Council reviewed the bids received for the remodeling of the south bay of the public works garage. City Engineer Rich Hefti explained the remodeling project and how the project would be funded. See Clerk's File 1989 -25. MOTION by Napper to receive the bids and to award the contract for the public works garage south bay remodeling to Met -Con Metro Construction in the amount of $52,900 and to authorize the necessary signatures. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. City Engineer Rich Hefti reviewed with Council the bid tabulation for the construction of a 1,000,000 gallon elevated storage tank. The water tower will be located just east of the intersection of Shannon Parkway and Connemara Trail on the Kelley Trust property. Councilmember Walsh, as Chairman of the Utilities Commission presented the commission's recommendation to receive the bids and to award the contract to Pitt DesMoines, Inc. Walsh advised the Utilities Commission reviewed various styles of towers and agreed the fluted style was the most appropriate style for a residential area. See Clerk's File 1989 -25. 5 1 a 1 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 1989 255 MOTION by Hoke to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON WATER TOWER 12, CITY PROJECT NO. 183. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Staff presented tentative public hearing dates and the associated public notice which includes a summary of the most significant areas of change from the current zoning ordinance. Council concurred that questions or comments regarding the majority of the content of the ordinance be conducted on August 15, 1989, beginning at 8:30 p.m. and specific provisions to allow a waste management district and a non— hazardous waste land disposal facility, subject to interim use permit requirements, be considered on August 29, 1989, at 7:00 p.m. See Clerk's File 1989 -25. MOTION by Hoke to set public hearing dates as indicated in the public notice for the consideration of a new zoning ordinance. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: O. MOTION by Walsh to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, LIMERICK CROSSING WATERMAIN, PROJECT 1201. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. See Clerk's File 1989 -25. MOTION by Walsh to approve advertisement for bids for the demolition a residence, several farm buildings and miscellaneous materials on the proposed armory site with a bid opening date of July 31, 1989, at 2:00 p.m. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. See Clerk's file 1989 -25. City Engineer Rich Hefti recommended that Council receive the costs to be assessed and order the assessment roll for Hawkins Pond, Project 176. The engineer suggested two different methods of assessing the costs and recommended that Council and staff discuss in further detail what would be the most fair and equitable method. Hefti reviewed the costs and pointed out that engineering costs and easement acquisition costs were considerably higher than what was estimated. Hefti stated the overrun in engineering costs was contributable to the complexity of coordinating the depositing of the additional fill material on surrounding properties and attempting to minimize the construction on the private properties. Hefti felt the additional time and costs resulting from working with the property owners and taking care of their concerns was well worth it. See Clerk's File 1989 -25. 256 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 1989 Harry Willcox, 14674 Danville Avenue West, voiced his objection to the overrun of costs in this project and that the proposed assessments are being prepared before all the costs have been presented to the city. MOTION by Hoke to adopt A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, HAWKINS POND STORM SEWER IMPROVEMENTS, CITY PROJECT 1176. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to declare the position on the Parks Recreation Committee previously held by Barbara Brown vacant. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to appoint John Howard to complete the term of the vacated position on the Parks Recreation Committee. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Council reviewed Mayor Hoke's memorandum of July 13, 1989, which outlined the purpose and key functions and responsibilities of the Town Green Ad Hoc Committee. Mayor Hoke advised the Parks Recreation Committee approved the recommended guidelines for this committee as outlined in the mayor's memorandum. Since all recommendations for membership have not been received, Council agreed to withhold final approval on the committee membership. See Clerk's File 1989 -25. MOTION by Walsh to approve the Town Green Ad Hoc Committee Charge as outlined in Mayor Hoke's memorandum of July 13, 1989. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk presented a recommended process on the next step and direction for Council to consider in utilizing the goals formally presented by the Citizens Advisory Committee at the June 20, 1989 Council meeting. Administrator Jilk reiterated staff and Council's appreciation and recognition of this committee's assimilation of the various data and information received through the various segments of the community involvement process, which resulted in their final recommended goals. The administrator addressed a two track approach which focused on a long term goal, of formally beginning the review and subsequent update of the City's Comprehensive Guide Plan, and a short -term goal, of having one or more goal setting sessions to allow Council to address and develop short term goals and a defined direction on the information received from the community involvement process. Council discussed this process and concurred to the concept of meeting with city department heads in a goal- setting session sometime in early fall. Council also discussed utilizing an outside facillitator and directed the administrator to contact Diane Traxler from Decision Resources to see when she would be available and her recommended format for this session. The administrator was requested by Council to complete an outline of the process for updating the Comprehensive Guide Plan for 7 Council's review and to provide further information on the goal- setting session. See Clerk's File 1989 -25. Administrator Stephan Jilk apprised Council of a request he received to serve on a committee comprised of representatives from government, labor, air industry and Metropolitan Council to recommend issues that should be addressed in the siting process for a new metropolitan airport. Jilk will be attending a meeting on August 10, 1989 and will report to Council the results from this meeting. Council commented on the significance of having city representation on this committee. ATTEST: CAlic� t philk, inistrator /Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 1989 Respectfully subm ted, S san M. Jofin-.n, Deputy Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 1, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, August 1, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 4(k) Application for Payment No. 1 /Valley Oak Addition, Phase IV, Item 4(1) Application for Payment /O'Leary's Hills 4th Addition, Item 4(m) Application for Payment /Well No. 8, Item 5(c) Review Demolition Bids Armory Site, Item 6(c) USPCI Permit Process Discussion, and Item 7(d) Leprechaun Days Update. 257 MOTION by Walsh to authorize the city administrator to secure two or three hotel reservations for council and staff's attendance at the 1989 Congress of Cities in Atlanta, Georgia. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Hoke to adjourn. SECOND by Walsh. Ayes: 5. Nays: 0. Published this /O of4440t, 1989 in Dakota County Tribune. 258 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 1, 1989 MOTION by Walsh to approve the consent agenda subject to transferring Item 4(h) Set Public Hearing Date Zoning Text Amendment to Item 6(d) under new business. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -26. Council reviewed the Limerick Crossing Final Plat which consists of 32 units of rental townhomes located at the intersection of Dodd Boulevard and Shannon Parkway. The city planner presented the Planning Commission's recommendation for approval subject to execution of the development contract. Council also discussed adopting an ordinance approving the request for rezoning from AG (Agriculture) to RM (Multiple Residential). This action was withheld at the July 18, 1989 Council meeting until approval of the final plat. See Clerk's File 1989 -26. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE LIMERICK CROSSING FINAL PLAT. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to adopt AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 ZONING ORDINANCE. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Council reviewed City Administrator Stephan Jilk's recommendations to reject the three proposals received to conduct a space needs study for the fire station, maintenance garage and city hall. The administrator reported that the costs associated with the three proposals were higher than what was budgeted for the study. The administrator requested Council action to direct staff to proceed with in house space and staffing needs for the city hall and public works garage and to reconfigure the request for proposals (RFP's) for architectural services to address the fire station only. Discussion was held on the lack of space in the city facilities and the importance of proceeding on this project. It was the general consensus that the original direction given by Council on this process should continue, and staff should determine appropriate funding sources for this project. See Clerk's file 1989 -26. MOTION by Wippermann to continue working with the three firms who presented proposals and to proceed with the space needs study. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Council reviewed the armory site demolition bids which were opened on Monday, July 31, 1989 at 2:00 p.m. at City Hall. See Clerk's File 1989 -26. MOTION by Walsh to accept the bids for the demolition of property located at 13885 South Robert Trail and to award the bid to B B Construction in the amount of $2,795. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. 2 1 3 ROSEMOUNT CITY PROCEEDINGS 259 REGULAR MEETING AUGUST 1, 1989 Administrator Stephan Jilk reviewed a letter, prepared by City Attorney David Grannis, which would allow staff to enter negotiations with representatives of United States Pollution Control, Inc. (USPCI) concerning the permitting process for this company's proposed containment facility. The administrator advised Council that the current moratorium in effect until December 31, 1989 prohibits any formal discussion between the city and USPCI regarding permit items and incentive packages for the community. Jilk advised the letter further contained language that USPCI would agree to deposit with the city a certain amount of money to be drawn upon for any out -of- pocket expenses the city would incur in review of the permitting process. See Clerk's File 1989 -26. MOTION by Hoke to support the city attorney's letter of request that city staff enter negotiations with USPCI to consider the terms of the proposed facility under the conditions outlined, to support the letter based upon Attorney Grannis' language in the letter that the review process would not prejudice the right of the city council in any further decisions on the project and to approve negotiations with USPCI subject to receipt of the signed letter from USPCI. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Napper to approve the building inspection agreement between the City of Coates and the City of Rosemount for a period of one year and to authorize the Mayor and Administrator /Clerk to sign the agreement. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. See Clerk's File 1989 -26. Community Development Director Dean Johnson presented a recommendation from an interview committee for the hiring of George Lundy for the part time fire marshall position. Johnson requested approval for this candidate to start on August 21, 1989, with a starting salary of $12.00 per hour. Discussion ensued on the procedure for appointment of this position regarding requirements of the City Code and Fire Department Bylaws and on the overall responsibilities of this position and the integration of duties between this position and the volunteer fire fighters' positions. See Clerk's File 1989 -26. MOTION by Oxborough to approve the hiring of George Lundy for the position of fire marshall for the City of Rosemount as recommended by the fire marshall committee. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Community Development Director Dean Johnson requested Council approval to set a public hearing on August 15, 1989 to consider an amendment to the current Zoning Ordinance, which would change mailing requirements for zoning amendments affecting zoning district boundaries. The amendment would 260 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 1, 1989 bring the current zoning ordinance into conformance with the State Statutes and avoid an extraordinary mailing requirement when the new zoning map is adopted with the new zoning ordinance. Johnson advised that this amendment would not preclude city staff from notifying property owners who will be impacted by the proposed zoning changes. See Clerk's File 1989 -26. MOTION by Hoke to set a public hearing date to consider a Zoning Ordinance Text Amendment affecting Section 15, Subd. 15.2 c, of City Ordinance XVII.3, Subd. 15.2 c for Tuesday, August 15, 1989, at 7:45 p.m. SECOND by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke reported on his recent meeting with the Dakota County Library Board and subsequent discussions with Rod McDonald, director of the Dakota County Library system, and Allen Lewis, representative of the State Library Services. Mayor Hoke felt the philosophy of the library board to create full service libraries which would serve service areas rather than political areas provided very little hope for a county library in Rosemount at this time. The mayor noted the soon to be completed county library in Apple Valley has been designated to serve Rosemount residents. Council concurred there could be very little optimism for a county library in Rosemount, but at least the County Library Board is aware that Rosemount is still very interested in having a library in the community. See Clerk's File 1989 -26. Mayor Hoke reviewed the sites for the placement of the Jaycees' "Welcome to Rosemount" signs which will be installed sometime in August. The mayor further advised "Celebrate Minnesota" signs have been ordered. Discussion also ensued on the State Department of Transportation signs located on the north and south ends of town, which are in disrepair and out of date. See Clerk's File 1989 -26. Councilmember Walsh reported on the success and good attendance of the events for Leprechaun Days. Walsh extended his appreciation to various city staff and city volunteers for their hard work and participation during the event. Councilmember Walsh announced that 1990 will be his last year to chair the Leprechaun Days' Committee and requested Council to solicit and provide nominations for future members of the committee. Mayor Hoke and the Councilmembers applauded Councilmember Walsh for his hard work and involvement in making this year's Leprechaun Days a tremendous success. MOTION by Oxborough to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. Respectfully emitted, Susan M. ohnson, Deputy Clerk 4 ATTEST: ROSEMOU WTSI.SQWNTR012EDHWSEEDINGS REGULARRIMUALR MEETING AUGUST 1, 1989 Step •n Jilk, ministrator /Clerk /ih Published this (lel _day of in the Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, August 15, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(g) USPCI Letter of Commitment; Item 10(d) Armory Fund Transfer and Item 10(e) Community Newsletter Funding. Robert Raddatz, the newly hired public works supervisor was introduced to the Council. MOTION by Walsh to approve the Consent Agenda as presented. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -27. City Engineer Rich Hefti recommended that Council reset the bid opening date for Shannon Hills Street and Utility Improvements, City Project 190 to September 15, 1989, at 10:00 a.m. to allow the developer additional time to complete the final platting process. See Clerk's File 1989 -27. MOTION by Walsh to adopt A RESOLUTION AUTHORIZING RE- ADVERTISEMENT OF BIDS, SHANNON HILLS STREET AND UTILITY IMPROVEMENTS, PROJECT 190. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. City Engineer Rich Hefti informed Council of his investigation of past city records and tape recordings of past council meetings regarding any deferment policies on the proposed assessments for Lift Station #4 Sanitary Sewer Extension, City Project 181. Council had tabled action from the July 18, 1989 assessment hearing on this project until staff could determine if property owners John Hawkins, 4173 145th Street West, or Walter Strese, 4063 145th Street West, had been offered deferments on particular parcels they owned. Hefti advised ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 1989 that although deferments were discussed at past council meetings, no policies had been approved. Hefti further presented staff's recommendation that Council adopt the assessment roll as presented at the July 18, 1989 assessment hearing. See Clerk's File 1989 -27. City Attorney David Grannis presented several options available to the city regarding deferment of assessments. Mayor Hoke suspended the regular agenda to open a public hearing scheduled at this time to consider a zoning ordinance text amendment affecting Section 15, Subd. 15.2 c., of City Ordinance XVII.3. The administrator /clerk presented for the record the Affidavit of Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1989 -27. City Planner Mike Wozniak advised the text amendment would change mailing requirements for zoning district changes affecting five acres or less and would bring the city Zoning Ordinance into conformance with the State Statutes. Wozniak advised this amendment will avoid extensive mailing notification requirements for the adoption of the proposed official new zoning map. The council were informed by staff that property owners who will be impacted by the proposed zoning changes will be notified by mail. See Clerk's File 1989 -27. Raymond Rahn, 3855 145th Street East, advised Council he concurred with the proposed zoning ordinance text amendment except in circumstances when rezoning involved environmental issues such as the USPCI proposal and the public hearing scheduled for August 29, 1989, at 7:00 p.m. Rahn recommended that all city residents be notified in writing of such hearings. MOTION by Wippermann to close the public hearing. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Planner Wozniak advised that all residents east of Highway 52 were notified in writing of the August 29, 1989 public hearing, and the general public was notified through newspaper coverage. MOTION by Walsh to adopt AN ORDINANCE AMENDING ORDINANCE NO. XVII.3. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. Mayor Hoke opened the public hearing scheduled for this time to consider the rezoning for Shannon Hills PUD from AG Agriculture to R -1 Single Family Residential. The administrator /clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1989 -27. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 1989 City Planner Mike Wozniak advised that even though Shannon Hills will be developed in phases, the Planning Commission recommended that the entire Shannon Hills PUD be rezoned since single family residential would be the most logical use for the entire site. There were no comments or objections received from the audience. 263 MOTION by Wippermann to close the public hearing. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Hoke to adopt AN ORDINANCE AMENDING ORDINANCE NO. %VII.3 ZONING ORDINANCE. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Mayor Hoke opened the public hearing scheduled for this time to consider the increase of license fees for nonintoxicating malt liquor and intoxicating liquor licenses and extending Sunday hours for on -sale intoxicating liquor. The administrator /clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1989 -27. Deputy Clerk Susan Johnson reviewed the license fees which were being considered for increases and the extension of Sunday hours from the present hours of Noon to Midnight to 10:00 a.m. to 1:00 a.m. on Monday. See Clerk's File 1989 -27. Discussion ensued regarding the evolvement of state liquor laws from very restrictive requirements of not allowing liquor sales on Sunday to the present liberal laws of expanding the hours for Sunday on -sale. Council concurred to withhold action on these items until later on in the meeting when other revisions to the city liquor ordinance would be reviewed. There were no objections from the audience regarding these two items. MOTION by Oxborough to close the public hearing. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Council discussed the cultural traditions of not allowing the sale of liquor during church hours, the responsibility of local governments in changing cultural traditions, and the possible lack of a public mandate for allowing liquor sales during church hours. 3 264 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 1989 Mayor Hoke opened the public hearing to review certain sections of a new zoning ordinance and zoning districts map. The administrator /clerk presented for the record the Affidavit of Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1989 -27. MOTION by Hoke to recess to allow continued discussion on Item 5(b) Adopt Assessment Roll, Lift Station #4 Sanitary Sewer Extension, Project 181. SECOND by Oxborough. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Discussion continued on possible deferment options and in particular the two parcels owned by John Hawkins. Discussion ensued on whether assessments should be deferred on these two parcels until the parcels are platted or sold and whether or not these two parcels have benefited by the project. Administrator Stephan Jilk advised of staff's recommendation that benefit was received by the six parcels included in the project and that two of the property owners have already hooked up to the system. MOTION by Hoke to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, LIFT STATION 14 SANITARY SEWER E %TENSION, PROJECT NO. 181. SECOND by Wippermann. Ayes: Oxborough, Wippermann, Hoke. Nays: Napper, Walsh. Mayor Hoke reconvened the public hearing to consider adoption of a new zoning ordinance and zoning districts map. City Planner Michael Wozniak began his review of each section of the new zoning ordinance, and received questions of clarification and comments from the Council and the audience. See Clerk's File 1989- 27. Ron Jacobson, 3647 143rd Street West, offered questions and comments on Sections 4 and 5 of the new zoning ordinance. MOTION by Hoke to recess to allow discussion on Item 5(c) Amend Liquor Ordinance and Item 10(b) Chemical Health Initiative. Administrator Stephan Jilk summarized the recommended revisions to the current liquor ordinance to include a strong beer provision, bottle club, decrease of investigation fees, allow off -sale of liquor on January 1 and July 4, repeal bonding requirements, and increase liability insurance limits. See Clerk's File 1989 -27. MOTION by Walsh to adopt AN ORDINANCE AMENDING TITLE 3 PERTAINING TO LIQUOR REGULATIONS. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Oxborough. Nays: Hoke. David Rooney, Human Services Division Director for Dakota County, invited the City Council to become involved in a county wide effort to fight back against the growing abuse of alcohol and drugs. Rooney advised the county will apply for funding from the Robert 4 ROSEMOUNT CITY PROCEEDINGS 265 REGULAR MEETING AUGUST 15, 1989 Wood Johnson Foundation to support this county -wide alliance of individuals and organizations against the use of illegal drugs and alcohol. All communities in the county will be asked to adopt a resolution of support of this chemical health initiative program. See Clerk's File 1989 -27. MOTION by Hoke to adopt A RESOLUTION IN SUPPORT OF THE DAKOTA COUNTY CHEMICAL HEALTH INITIATIVE. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. A recess was called at 9:15 p.m. with the meeting continuing at 9:30 p.m. Discussion continued with City Planner Michael Wozniak reviewing each section of the proposed new zoning ordinance and answering questions and discussing comments with Council. Citizen Ron Jacobson commented on Sections 6 and 7 of the new zoning ordinance. Mayor Hoke confirmed that this public hearing would continue on August 29, 1989, at 7:00 p.m. to consider for adoption provisions in Section 6 to allow creation of a waste management district and provisions in Section 11 to allow interim use permits for the construction of a non hazardous waste land disposal facility. MOTION by Hoke to recess the public hearing to August 29, 1989, at 7:00 p.m.. SECOND by Walsh. ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to approve the official summary of Ordinance No. XI.14, pertaining to the cable franchise granted to Star MidAmerica Limited Partnership. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. See Clerk's File 1989 -27. MOTION by Napper to approve the official summary of Ordinance No. XI.15, pertaining to the electric franchise granted to Dakota Electric Association. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. See Clerk's File 1989 -27. Council reviewed the bid tabulation for bids opened on Friday, August 11, 1989 for watermain extension through the Limerick Crossing Addition. City Engineer Rich Hefti recommended awarding a contract to the lowest responsible bidder, Brown and Chris in the amount of $44,728. See Clerk's File 1989 -27. MOTION by Walsh to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON LIMERICK CROSSING WATERMAIN, CITY PROJECT NO. 201. SECOND by Wippermann. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. 5 266 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 1989 Council reviewed a letter received and dated August 14, 1989 from USPCI, Inc. regarding this company's request that city staff enter into negotiations with them concerning the terms of a permit for their proposed non hazardous waste containment facility. Administrator Stephan Jilk advised the moratorium in effect until December 31, 1989 has precluded staff from entering discussions with USPCI, Inc. representatives regarding permit items and incentive packages for the community. Jilk advised the August 14, 1989 letter is the response of USPCI, Inc. to the letter approved by Council at the August 1, 1989 council meeting. Jilk advised the city attorney approved two changes in the August 14 letter from the August 1 letter. See Clerk's File 1989 -27. MOTION by Hoke to accept the proposed language to allow city staff to enter negotiations with USPCI, Inc. according to the provisions outlined in Ken Jackson's letter of August 14, 1989. SECOND by Wippermann. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Council reviewed the final plat for Shannon Hills which encompasses 80 acres situated north of 145th Street and east of Shannon Parkway. City Planner Mike Wozniak presented the Planning Commission's recommendation for approval. See Clerk's File 1989 -27. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE SHANNON HILLS FINAL PLAT. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to set a special council meeting on Tuesday, September 12, 1989, at 6:30 p.m. for the purpose of reviewing and discussing the proposed 1989 operating budget and CIP. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Council reviewed Finance Director Don Darling's memorandum of August 10, 1989 regarding his recommendation to transfer $125,000 from city reserves to a special armory fund. The city administrator advised approximately $102,000 has been expended to date in conjunction with the purchase of the armory site and an estimated $20,000 will be expended for demolition and other associated costs. See Clerk's File 1989 -27. MOTION by Hoke to authorize the transfer of $125,000 from the city reserves to a special armory fund. SECOND by Wippermann. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. MOTION by Walsh to approve the 1989 budget proposed for the community newsletter as outlined in the economic development specialist's memorandum dated August 15, 1989. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. See Clerk's File 1989 -27. 6 1 Council reviewed the proposal received from Decision Resources regarding their facilitation of a goal setting session to be attended by the council and city staff. Administrator Jilk reviewed his understanding of the format and objectives of this first session. Council will furnish the administrator dates they would be available for attending this session. See Clerk's File 1989 -27. MOTION by Hoke to accept the proposal from Decision Resources and to direct staff to arrange the session. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: O. Administrator Stephan Jilk reported on his involvement as a member of an ad hoc committee and the meeting he attended on August 10, 1989 for the purpose of scoping out all the issues this committee agreed should be addressed in the siting process for a new international airport. Administrator Stephan Jilk provided an update on the Truth in Taxation recent opinion rendered by the Attorney General regarding Truth in Taxation compliance. Jilk advised it has been his position to follow the extended deadline for budget adoption which was supported in the Attorney General's opinion. The administrator will keep the council updated on the city's budget process. See Clerk's File 1989 -27. Administrator Stephan Jilk extended an invitation for Council and their spouses to attend the Rosemount Advisory Council Picnic on September 6, 1989 at the Rosemount Research Center. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. ATTEST,;. 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 1989 Respectfully submitted, 267 Susan M. Johnson, Deputy Clerk Stephan Jilk, /dministrator Published this /7 day of N 1989 in Dakota County Tribune. 268 ATTEST: ollan Hoke, Mayor an Jil Administrator /Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 16, 1989 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Wednesday, August 16, 1989, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh and Wippermann present. Councilmember Napper arrived at 7:30 p.m. The purpose of the meeting was to review the proposed language in the new zoning ordinance regarding waste management districts and interim permits to construct industrial waste containment facilities. The sections regarding these provisions is Section 3.2, 6.15, 11.13, 14.10. City Planner Mike Wozniak and Community Development Director Dean Johnson presented discussion on these sections, and the Council reviewed and discussed proposed language in preparation for the public hearing on August 29, 1989 to receive input on this matter. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 4. Nays: 0. Respectfully submitted, Published this day ofcS t 1989 in Dakota Counts Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 29, 1989 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, August 29, 1989, at 7:00 p.m. in the Council Chambers. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. Mayor Hoke stated the purpose of the meeting was to consider language in the new zoning ordinance which would establish a WM Waste Management District, establish which uses may be located in this district and provide supporting language to establish Interim Use Permits to permit uses in the waste management district. Community Development Director Dean Johnson gave a brief background on the new zoning ordinance being considered. Johnson also described briefly the non hazardous industrial waste containment facility proposed by United States Pollution Control Industry, Inc. (USPCI, Inc.), which could be considered under the provisions of the new zoning ordinance. City Planner Michael Wozniak provided an overview of the sections of the new zoning ordinance relating to the proposed non hazardous industrial waste containment facility. The city planner referred to Sections 3.2, 6.15, 11.3, and 14.10. Wozniak noted handouts were available to the audience for reference. See Clerk's File 1989 -29. Mayor Hoke introduced City Attorney David Grannis, City Consultant Trudy Gasteazoro, and City Consultant Sharon Decker. The mayor also introduced representatives from USPCI, Inc., Ken Jackson, President; Cary Perket, Project Manager and Senior Engineer; Mary Schoessler, Director of Public Information; and Bob Pulford, Engineering Planner. The audience was advised that all verbal questions from the audience would become a part of the record for this evening's proceedings, and the questions would be sent to any person on the signature list for this evening's meeting. See Clerk's File 1989 -29. Questions of clarification were presented from several members of the audience. Points of clarification and explanation on the questions were provided by the mayor, staff members, the city attorney, city consultants and representatives from USPCI, Inc. Several members of the audience provided comments in favor and against the provisions in the new zoning ordinance pertaining to the proposed waste management district and interim use permits; and more specifically, for and against the non- hazardous waste containment facility proposed by USPCI, Inc. 270 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 29, 1989 Documents of support and opposition were presented, for the record, by members of the audience. See Clerk's File 1989 -29. The audience did not comment on other sections of the new zoning ordinance which were reviewed at the August 15, 1989 public hearing. Discussion was held by Council whether the public hearing should be continued in order to allow further public input on the sections of the new zoning ordinance considered at the August 15, 1989 public hearing as well as sections pertaining to the proposed WM Waste Management District and Interim Use Permits provisions. MOTION by Napper to continue the public hearing to September 19, 1989, at 8:00 p.m. to obtain any new information, with Council retaining the right to limit discussion to new information not previously presented at other public hearings. SECOND by Napper. Further discussion was held by Council regarding continuation of the public hearing and whether it would be beneficial to Council to gain further information from the public on the proposed zoning ordinance. It was the consensus of Council that it would not be detrimental to the review process of the new zoning ordinance to extend the hearing. Poll of Council: Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Hoke to adjourn. SECOND by Walsh. Ayes: 5. Nays: 0. ATTEST: Respectfully submitted, S;4::)&,.‘;Z41-,.j) Susan M. Johnson Deputy Clerk Ste an Jil Administrator/Clerk Published this /7 day of c 1989 in the Dakota County Tribune. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 5, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke led the group in the Pledge of Allegiance. There were no additions or corrections to the agenda. 271 Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann and Oxborough present. Councilmember Napper arrived at 7:55 p.m. Mark Joosten, Forester II, and George Lundy, Fire Marshall, were introduced to the Council. The Council welcomed the newly hired employees. MOTION by Walsh to approve the Consent Agenda as presented. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. See Clerk's File 1989 -30. City Engineer Rich Hefti presented for Council consideration the assessment roll for Hawkins Pond, Project 176 and requested that the assessment hearing for this project be set for October 3, 1989, at 8:00 p.m. The city engineer then provided an overview on the comparison of estimated costs presented at the December 1, 1987 public improvements hearing to the actual costs associated with the project. See Clerk's File 1989 -30. City Engineer Hefti advised that since the improvements hearing, the city has initiated a Comprehensive Storm Sewer Plan for the western third of the city which indicated there are several major drainage areas that will require future storm sewer improvements. Hefti presented staff's recommendation that funding for improvements within major drainage areas be alloted from the city's storm sewer core facility fund which would be supplemented through connection charge fees. Hefti therefore recommended that the assessment unit for Project 176 be based upon the 1989 connection charge fee of $204.00 for a single family residential unit. Hefti also reviewed the connection charge fee for multi family and commercial /industrial areas and the proposed assessment method to be used for undeveloped property. Regarding the deficit between actual project costs and the proposed total assessment amount of $182,190.00, Hefti proposed that Council consider a transfer of excess funds from other completed project accounts. Mayor Hoke suspended the regular agenda to open a public hearing scheduled at this time to consider a petition received N from Albert Monk to rezone a 1.6 acre parcel, located on South Robert Trail just north of Sunrise Builder Supply, from C -2 Community Commercial to C -3 Highway Service Commercial. 272 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 1989 The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -30. Community Development Director Dean Johnson advised the purpose of the petition is to allow Monk to build an automotive service complex on the 1.6 acre site. Johnson summarized the initial action taken by the Planning Commission at their May 2, 1989 meeting when the Planning Commission directed staff to work with the petitioner to investigate the potential to build the automotive service complex on County Road 42. At the Planning Commission meeting on August 18, 1989, Johnson advised the Planning Commission recommended denial of the rezoning and further advised that city staff supports this denial. See Clerk's File 1989 -30. Albert Monk, 13975 South Robert Trail, criticized the length of time it has taken for the city to make a decision on his petition to rezone and requested that Council allow the rezoning request. MOTION by Walsh to close the Public Hearing. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Council discussed the significant land use issues associated with the Monk property and supported further efforts by staff and the City HRA to pursue the viability of Mr. Monk having his automotive service complex located at the intersection of County Road 42 and Highway 3. MOTION by Wippermann to deny the rezoning petitioned filed by Albert Monk. SECOND by Hoke. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: Oxborough. Discussion resumed on the proposed assessment method for City Project 176, the proposed policy recommended by staff for financing major storm sewer projects and the use of funds in off setting the deficit between the proposed assessment amount and actual costs. MOTION by Hoke to adopt A RESOLUTION RESCINDING RESOLUTION 1989 -86 AND DECLARING COSTS TO BE ASSESSED, AND CALLING FOR HEARING ON THE PROPOSED ASSESSMENT, HAWKINS POND STORM SEWER IMPROVEMENTS, PROJECT 1176. SECOND by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. State Senator Pat Pariseau requested comments from Council and city staff on the tax bill being considered by the Legislature this fall. Council discussed the recommendation received from the community development director to obtain an appraisal of the Sunrise Building Supply located on South Robert Trail. Community Development Director Dean Johnson advised the appraisal would determine the overall feasibility and priority of the future use of this property and possible potential for the City HRA participation in the future to assist in the acquisition of the site and relocation of the business. See Clerk's File 1989 -30. 2 MOTION by Hoke to authorize an appraisal on the east five acres of the Mike McDonough property. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Council reviewed the plans and specifications for the American Legion Curb, Gutter and Sidewalk Improvements, Contract 1989- 11. The city engineer recommended a bid opening date on September 18, 1989, at 2:00 p.m. Council concurred with the plans and specifications subject to minor modifications. See Clerk's File 1989 -30. MOTION by Walsh to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, AMERICAN LEGION CURB, GUTTER AND SIDEWALK IMPROVEMENTS, PROJECT 1207. SECOND by Hoke. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Oxborough to approve the proposed revisions to the By -Laws of the Rosemount Housing and Redevelopment Authority as provided in the Resolution adopted by the Rosemount Housing and Redevelopment Authority on September 5, 1989. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. See Clerk's File 1989 -30. poi Administrator Stephan Jilk updated Council on the goal setting session for Council and staff members scheduled for October 11, 1989. Discussion was held on the appropriate process of reporting the goals to the public. Council concurred to the concept of having an open house at city hall sometime in mid November. MOTION by Walsh to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 1989 Respectfully submitted, Susan M. Johnson Deputy Clerk Step Jilk Administrator /Clerk Published this o78 1 day of S otonn¢P/L, 1989 in Dakota County Tribune. 273 274 0 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 12, 1989 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 12, 1989, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Councilmembers Walsh, Wippermann, Napper present. Councilmember Oxborough arrived at 6:45 p.m. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include the following items: Town Green Ad Hoc Committee Nomination, Zoning Ordinance Discussion and Proposals by USPCI on Incentives. Councilmember Walsh nominated Paul McKinley for membership on the Town Green Ad Hoc Committee. MOTION by Hoke to accept the nomination of Paul McKinley to the Town Green Ad Hoc Committee. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. Council reviewed the first draft of the 1990 General Fund Operating Budget, the 1990 through 1994 Capital Improvement Program Budget and a summary sheet of the proposed expenditures, revenues and levy information. Department heads from Administration, Finance, Community Development, Police, Fire and Public Works individually reviewed their department's specific budget and capital improvements items and answered questions from the Council. See Clerk's File 1989 -31. Councilmember Oxborough left the meeting at 8:30 p.m. Discussion was held between Council and city staff regarding the proposed zoning ordinance. Mayor Hoke left the meeting at 10:00 p.m. A brief discussion was held regarding the incentive proposals received from USPCI, Inc. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 3. Nays: Respectfully submitted, ATTEST: 77) Dean R. Johnson Deputy Clerk Published this oX day of 6 1989 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 19, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 4(m) Authorize Re- advertisement of Bids, Shannon Hills Street Utility Improvements, Project 190; Item 9(f) Dakota County HRA Housing District Modification; and Item 9(g) Planning Commission By- Laws Amendment. MOTION by Walsh to approve the Consent Agenda with the addition of Item 4(m). SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -32. 275 City Planner Michael Wozniak addressed the letter received from Richard F. Schuh requesting extension of a settlement agreement concerning the extension of a grading permit for an 18 acre site located at the intersection of CR 38 and CSAH 42. Wozniak advised Schuh will not be able to meet the terms of the settlement agreement which required that Schuh remove all of the sand and gravel stockpiled on the site and fully restore the site by October 1, 1989. No action was taken by Council with Council unanimously concurring an extension was not warranted. See Clerk's File 1989 -32. MOTION by Wippermann to authorize the transfer of $175,000 from the General Fund 1 -1 to a special project fund called, "Shannon Park School /Park Project Construction Fund for the purpose of providing temporary funding for the Shannon Park School /Park Project. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. See Clerk's File 1989 -32. MOTION by Walsh to approve the Planning Commission By -Laws amendment with regards to a change of the meeting days. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke suspended the regular agenda to open a public hearing scheduled at this time to consider a rezoning of Wensmann Fourth Addition from AG Agriculture to R -1 Single Family Residential. The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -32. 276 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 1989 City Planner Michael Wozniak advised the Planning Commission recommended approval of the rezoning. Wozniak further advised the plat is in full compliance with the Wensmann Additions Preliminary Plat /Planned Unit Development Plan and meets all zoning and subdivision ordinance requirements. See Clerk's File 1989 -32. MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: O. MOTION by Wippermann to adopt AN ORDINANCE AMENDING ORDINANCE N0. XVII.3 ZONING ORDINANCE. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: O. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE WENSMANN FOURTH ADDITION FINAL PLAT. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -32. Council reviewed the Carrollton 3rd Addition Final Plat which is the second phase of the Carrollton 2nd Addition Planned Unit Development and includes forty single family lots. The Council was advised by City Planner Michael Wozniak that the Planning Commission recommended approval of the final plat subject to an executed development contract. See Clerk's File 1989 -32. MOTION by Oxborough to adopt A RESOLUTION APPROVING THE CARROLLTON 3RD ADDITION FINAL PLAT. SECOND by Walsh. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson reviewed with Council the 1990 Funding Application for the city's 1990 recycling program. Johnson advised the total cost allocation to be received from Dakota County for the 1990 recycling program will be $35,988. Johnson noted the vendor for next year's program will be selected by December 1, 1989. See Clerk's File 1989 -32. MOTION by Walsh to adopt A RESOLUTION AUTHORIZING APPLICATION TO DAKOTA COUNTY FOR FUNDING THE CITY OF ROSEMOUNT 1990 LANDFILL ABATEMENT PROGRAM. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke suspended the regular agenda to open a public hearing scheduled at this time to receive comments on City Project 199, Pine Bend Trail Street Reconstruction. The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1989 -32. Consulting Engineer Steve Campbell provided an overview of the project advising Project 199 provides for subgrade correction and a bituminous overlay on a 1.5 mile segment of Pine Bend Trail, from S.T.H. 55 to the railroad crossing adjacent to C.F. Industries. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 1989 277 Campbell stated the estimated project cost is $220,000; and of this total, $181,000 will be assessed from property owners and the remaining $39,000 will be recovered from city maintenance funds. The consulting engineer noted the project is scheduled for construction in the Spring of 1990. City Engineer Rich Hefti briefly outlined the proposed assessment method for this project noting there are some minor discrepancies in the assessment area since the adjacent parcels are metes and bounds descriptions. See Clerk's File 1989 -32. There were no concerns or comments received from the audience. MOTION by Oxborough to close the public hearing. SECOND by Wippermann. Ayes: Oxborough, Mapper, Walsh, Wippermann, Hoke. Nays: O. MOTION by Napper to adopt A RESOLUTION FOR APPROVAL OF PINE BEND TRAIL IMPROVEMENTS, CITY PROJECT 199. SECOND by Walsh. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS OF PINE BEND TRAIL IMPROVEMENTS, CITY PROJECT 199. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Mayor Hoke reconvened the public hearing first held on August 15, 1989 and then continued to August 29, 1989. Mayor Hoke stated the purpose of the public hearing was to review and receive comments on a new zoning ordinance and zoning district map and to consider language in the new zoning ordinance which would establish a WM Waste Management District, establish which uses may be located in this district and provide supporting language to establish Interim Use Permits to permit uses in the waste management district. Mayor Hoke advised the Council reached a consensus at the August 29, 1989 public hearing to continue the hearing to this date to allow input from citizens on sections other than the sections providing for a WM Waste Management District, especially on sections of the ordinance regarding sign provisions. Mayor Hoke outlined the procedure for the hearing this evening advising Council would receive questions of clarification and new input from the audience on the proposed Waste Management District sections, on the sections relating to signs and on any other sections of the proposed ordinance. Mayor Hoke recognized City Attorney David Grannis, City Consultant Trudy Gasteazoro and City Consultant Sharon Decker who were present to assist the Council in answering questions regarding the waste management district sections of the ordinance. 278 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 1989 Questions of clarification and new information against the proposed waste management district language were presented by members of the audience. See Clerk's File 1989 -32. City Staff informed Council of two meetings with the business community since the August 29, 1989 public hearing, which have resulted in suggestions from the business owners for revisions to the proposed sign provisions. Staff further acknowledged receipt this date of a letter from the Rosemount Chamber of Commerce requesting additional time for further review of the proposed language regarding sign requirements. See Clerk's File 1989 -32. Members of the business community requested that Council approve the proposed zoning ordinance subject to inclusion of the language from the current zoning ordinance regarding sign provisions. There were no comments or points of clarification received from the audience regarding other sections of the proposed zoning ordinance. MOTION by Oxborough to close the public hearing. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. By unanimous consent of the Council a recess was called at 9:25 p.m. with the meeting continuing at 9:40 p.m. Council discussed possible deletion of the proposed sign ordinance language and inclusion of the current sign ordinance requirements in the proposed zoning ordinance. Council concurred approximately four to six weeks would be an adequate time frame to allow further review and discussion between city staff and city business owners. Council offered comments in support and against the proposed language to allow a WM Waste Management District in the city. MOTION by Hoke to adopt ORDINANCE B, AN ORDINANCE ESTABLISHING ZONING REGULATIONS IN CITY OF ROSEMOUNT as presented by staff with the following changes (1) add to the definition of non hazardous industrial waste after the words, power plant ash, "or by- product from the processing or recycling of such ash" and (2) delete Section 10, Signs and insert the existing language on signs in Ordinance XVII.3. SECOND by Oxborough. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: Napper. City Engineer Rich Hefti presented the bids received on September 18, 1989 for the American Legion Curb, Gutter Sidewalk Improvements, City Project 207. Hefti advised the bids received were considerably higher than staff's estimated cost and recommended rejection of the bids. See Clerk's File 1989 -32. MOTION by Hoke to receive the bids for the American Legion Curb, Gutter Sidewalk Improvements. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. 4 Community Development Director Dean Johnson informed the Council of his contact by the Dakota County Housing and Redevelopment Authority, regarding the possibility of modifying the existing Rosemount Housing district. Johnson explained the district is the area between Cameo Avenue and Canada Avenue and 145th Street and Lower 147th Street. The County is in the process of modifying districts in other cities and could add Rosemount to the process. Johnson advised the Rosemount district currently allows excess tax increments from other districts to be spent in the district. The proposed modification would allow tax increments to be generated within the district itself. Johnson felt this modification would help the City meet the objectives originally established for the district. MOTION by Napper to include the Rosemount housing district amendment with the Dakota County housing district amendments to be approved by the Dakota County Housing and Redevelopment Authority as recommended by Community Development Director Dean Johnson. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. ATTEST ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 1989 Respectfully submitted, Susan M. Johnson, Deputy Clerk e an Jilk dministrator /Clerk Published this day of &Mkt. 1989 in Dakota County Tribune. 279 280 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, October 3, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 7(g) HRA Market Study Funding Request; Item 7(i) American Legion Sidewalk, Curb Gutter Improvements; and Item 9(b) Goals and Objectives Session Discussion. Mayor Hoke proclaimed the week of October 8 -14, 1989 as Fire Prevention Week. See Clerk's File 1989 -33. MOTION by Wippermann to approve the Consent Agenda as presented. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -33. Council discussed the justification of spending several hundred dollars for publishing the entire Ordinance B, as opposed to publishing a summary of the ordinance. Council reviewed the summary as prepared by staff and concurred the summary was an appropriate means for publishing the new zoning ordinance adopted at the September 19, 1989 Council meeting. Council requested that the summary also be included in the next edition of the community newsletter. File 1989 -33. MOTION by Hoke to approve the SUMMARY OF CONTENT OF ORDINANCE B, AN ORDINANCE ESTABLISHING ZONING REGULATIONS IN CITY OF ROSEMOUNT, with the provision that a printed copy of Ordinance B be available for inspection during regular office hours at City Hall. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Charles Lowery, Director of Dakota County Parks Department, requested permission from the City Council to allow the county to hold a bow and arrow deer hunt in the city's portion of Spring Lake Park Reserve. Lowery advised a recently conducted deer count indicated the park area is over populated with deer which could result in automobile accidents, damage to crops and possible starvation of the deer. Lowery stated the county will issue approximately 100 permits on a first come first serve basis, and the special hunt will be from the end of October through November. See Clerk's File 1989 -33. MOTION by Hoke to approve the bow and arrow deer hunt in Spring Lake Park Reserve on dates to be determined by the county. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: Wippermann. Administrator Stephan Jilk presented the recommendation of the committee charged with interviewing the three firms chosen in response to the city's request for proposals for a space needs study 6 cpL(cett Par, ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 281 for city facilities. Jilk outlined the committee's reasons for reaching a unanimous consensus to recommend Boarman and Associates to complete the study. See Clerk's File 1989 -33. MOTION by Napper to concur with Administrator Jilk's memorandum of September 27, 1989 and to award the contract to Boarman and Associates, Minneapolis, for the completion of the Space Needs Analysis as outlined in their proposal and the city's RFP for this project in the amount of $25,334. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Hoke to approve Alejandro Mateo as a probationary member of the Fire Department. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke opened the public hearing to consider the proposed assessments for Hawkins Pond Storm Sewer Improvements of 1987, City Project 176. The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notices. See Clerk's File 1989 -33. Consulting Engineer Steve Campbell, project manager, provided a brief overview of the construction involved in the project. Consulting Engineer Steve Klein reported on the storm water master plan the city contracted Barr Engineering to prepare, the involvement of a citizens' advisory committee in helping to develop the plan and how Project 176 represents one aspect of meeting the recommendations and objectives of the city -wide storm sewer plan. City Engineer Rich Hefti reviewed the assessment method for Project 176 advising the assessment unit rate was based upon the 1987 storm water connection fee. Hefti advised staff has recommended setting the assessment unit rate equivalent to the current connection charge fee for future funding of improvements to major drainage areas. Hefti noted that the 1987 connection charge was justified for this project since the project was initiated in that year. The city engineer reviewed a payment schedule based on the single family residential unit rate of $204 spread over ten years at an 8.7% interest rate. Hefti also provided an overview on the comparison of estimated costs presented at the December 1, 1987 public improvements hearing to the actual costs associated with the project. Appraiser Thomas Metzen commented on his involvement in the project since 1987 and his attendance at the condemnation hearings pp for this project. The appraiser advised he had Dc a Pa csp 282 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 examined the assessment rolls and found the assessments to be reasonable and the properties involved benefited by the amount of the assessments. Several questions of clarification were asked by Council and members of the audience. Administrator Stephan Jilk presented for the record letters received prior to the public hearing from individual property owners objecting to the proposed assessment against their property. See Clerk's File 1989 -33. Attorney Gerald S. Duffy informed Council he represented a large contingent of property owners in the assessment district who objected to the proposed assessments. Duffy outlined to Council several reasons why the proposed assessments should not be approved. The attorney also presented numerous letters of objections from property owners opposing the assessment against their specific property. See Clerk's File 1989 -33. Several other members in the audience voiced their objections to the assessments and /or presented letters of objection. See Clerk's File 1989 -33. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Members of the Council concurred Project 176 was necessary for providing a drainage pond for the present and future drainage needs of the assessed area. Council further concurred that Project 176 was one of the first phases in meeting the objectives of the storm water master plan for the city's overall storm sewer needs. Council discussed whether the assessed properties received immediate benefit or whether assessments should be deferred until benefit was provided through City Project 177. Council reached a consensus the properties in the assessment area received benefit from the improvements at least equivalent to the assessment rate. MOTION by Hoke to adopt A RESOLUTION, A RESOLUTION ADOPTING ASSESSMENT ROLL, HAWKINS POND STORM SEWER IMPROVEMENTS, PROJECT N0. 176. SECOND by Napper. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: Oxborough. Council unanimously consented to a recess at 10:00 p.m. with the meeting continuing at 10:10 p.m. Administrator Stephan Jilk reviewed with Council a draft of the Development Commitment and Trust Agreement entitled, USPCI, Inc. Rosemount Community Trust, between the city and USPCI, Inc. The documents set out the financial commitments by USPCI, Inc. regarding the proposed location of a non hazardous industrial waste containment facility in the city. USPCI, Inc. representatives were available to discuss and answer questions from the Council. See Clerk's File 1989 -33. Dupti2. Pa r' 33. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 283 MOTION by Walsh to concur with the Development Commitment presented by USPCI, Inc. and to authorize the necessary signatures. SECOND by Hoke. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: Napper. MOTION by Walsh to accept the USPCI, Inc. Rosemount Community Trust format and content as Exhibit "B" to the Development Commitment subject to changes in Item No. 7, to include that Trustees must be a resident of Rosemount and to delete the provision that a Trustee "shall always include one member from the business community of Rosemount SECOND by Hoke. Ayes: Oxborough, Walsh, Wippermann, Hoke. Nays: Napper. Community Development Director Dean Johnson reviewed with Council a proposed amendment to the Wensmann Additions Planned Unit Development Agreement to allow the city to assess sanitary sewer costs the developer owes for Wensmann 1st through 4th Additions and to assess estimated construction costs for Diamond Path. Johnson advised assessing the estimated construction costs prior to completion of the Diamond Path project would avoid assessing individual property owners when the project is completed. See Clerk's File 1989- MOTION by Walsh to approve the amendment to the Wensmann Additions Planned Unit Development Agreement. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Following a proposal from Administrator Stephan Jilk regarding possible city involvement in the Red Ribbon Campaign, Council concurred with the concept presented by the administrator. Council requested that the administrator present a final recommendation regarding the city's involvement in the drug free /chemical abuse campaign at the October 17, 1989 meeting. See Clerk's File 1989 -33. Administrator Stephan Jilk informed Council of the Rosemount HRA's authorization to hire consultants to conduct a market study of the downtown area and the commercial area on County Road 42. Jilk advised the HRA Board requested that Council authorize cost sharing of the study as well as participating in the final presentation and review of the market study. MOTION by Wippermann to approve sharing the expense of the market study initiated by the Rosemount HRA on a fifty percent basis in an amount not to exceed $4,500.00 for the city's share of the total cost. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. City Engineer Rich Hefti recommended that the Council approve the bid presented to the American Legion by Berg Construction for the sidewalk, curb and gutter improvements project. Hefti advised the bid offered by Berg Construction was below the .�A ?cut 4 284 estimated cost and approval of this expenditure would allow the project to continue concurrently with the American Legion project. MOTION by Oxborough to approve the expenditure not to exceed $47,586 for the American Legion Sidewalk, Curb and Gutter Project. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke advised the Town Green Ad Hoc Committee will hold its first meeting on October 10, 1989, at 7:00 p.m. Administrator Stephan Jilk advised Diane Traxler of Decision Resources has recommended that the goals and objectives session scheduled for October 11, 1989 be postponed to the end of November. Jilk advised he concurred with the recommendations of Decision Resources to include any newly elected members to the council in the session. Jilk stated the transition from the current council to the new council would be much more effective in dealing with the issues brought out from the recent citizen involvement process. The Council unanimously concurred with this recommendation. MOTION by Oxborough to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTES Step an Ji1k, Administrator /Clerk 8 day of y¢UX/L 1989 in Dakota County Published this Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 Respectfully submitted, Susan M. Johnson, Deputy Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, October 3, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance® The agenda was amended to include Item 7(g) HRA Market Study Funding Request; Item 7(i) American Legion Sidewalk, Curb Gutter Improvements; and Item 9(b) Goals and Objectives Session Discussion. Mayor Hoke proclaimed the week of October 8 -14, 1989 as Fire Prevention Week. See Clerk's File 1989 -33. MOTION by Wippermann to approve the Consent Agenda as presented. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989- 33. 1 285 Council discussed the justification of spending several hundred dollars for publishing the entire Ordinance B, as opposed to publishing a summary of the ordinance. Council reviewed the summary as prepared by staff and concurred the summary was an appropriate means for publishing the new zoning ordinance adopted at the September 19, 1989 Council meeting. Council requested that the summary also be included in the next edition of the community newsletter. File 1989 -33. MOTION by Hoke to approve the SUMMARY OF CONTENT OF ORDINANCE B, AN ORDINANCE ESTABLISHING ZONING REGULATIONS IN CITY OF ROSEMOUNT, with the provision that a printed copy of Ordinance B be available for inspection during regular office hours at City Hall. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Charles Lowery, Director of Dakota County Parks Department, requested permission from the City Council to allow the county to hold a bow and arrow deer hunt in the city's portion of Spring Lake Park Reserve. Lowery advised a recently conducted deer count indicated the park area is over populated with deer which could result in automobile accidents, damage to crops and possible starvation of the deer. Lowery stated the county will issue approximately 100 permits on a first come first serve basis, and the special hunt will be from the end of October through November. See Clerk's File 1989 -33. MOTION by Hoke to approve the bow and arrow deer hunt in Spring Lake Park Reserve on dates to be determined by the county. SECOND by Napper. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: Wippermann. 286 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 Administrator Stephan Jilk presented the recommendation of the committee charged with interviewing the three firms chosen in response to the city's request for proposals for a space needs study for city facilities. Jilk outlined the committee's reasons for reaching a unanimous consensus to recommend Boorman and Associates to complete the study. See Clerk's File 1989 -33. MOTION by Napper to concur with Administrator Jilk's memorandum of September 27, 1989 and to award the contract to Boorman and Associates, Minneapolis, for the completion of the Space Needs Analysis as outlined in their proposal and the city's RFP for this project in the amount of $25,334. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. MOTION by Hoke to approve Alejandro Mateo as a probationary member of the Fire Department. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Mayor Hoke opened the public hearing to consider the proposed assessments for Hawkins Pond Storm Sewer Improvements of 1987, City Project 176. The administrator /clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notices. See Clerk's File 1989 -33. Consulting Engineer Steve Campbell, project manager, provided a brief overview of the construction involved in the project. Consulting Engineer Steve Klein reported on the storm water master plan the city contracted Barr Engineering to prepare, the involvement of a citizens' advisory committee in helping to develop the plan and how Project 176 represents one aspect of meeting the recommendations and objectives of the city- wide storm sewer plan. City Engineer Rich Hefti reviewed the assessment method for Project 176 advising the assessment unit rate was based upon the 1987 storm water connection fee. Hefti advised staff has recommended setting the assessment unit rate equivalent to the current connection charge fee for future funding of improvements to major drainage areas. Hefti noted that the 1987 connection charge was justified for this project since the project was initiated in that year. The city engineer reviewed a payment schedule based on the single family residential unit rate of $204 spread over ten years at an 8.7% interest rate. Hefti also provided an overview on the comparison of estimated costs presented at the December 1, 1987 public improvements hearing to the actual costs associated with the project. 2 ROSEMOUNT CITT PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 Appraiser Thomas Metzen commented on his involvement in the project since 1987 and his attendance at the condemnation hearings for this project. The appraiser advised he had examined the assessment rolls and found the assessments to be reasonable and the properties involved benefited by the amount of the assessments. Several questions of clarification were asked by Council and members of the audience. 3 287 Administrator Stephan Jilk presented for the record letters received prior to the public hearing from individual property owners objecting to the proposed assessment against their property. See Clerk's File 1989 -33. Attorney Gerald S. Duffy informed Council he represented a large contingent of property owners in the assessment district who objected to the proposed assessments. Duffy outlined to Council several reasons why the proposed assessments should not be approved. The attorney also presented numerous letters of objections from property owners opposing the assessment against their specific property. See Clerk's File 1989 -33. Several other members in the audience voiced their objections to the assessments and /or presented letters of objection. See Clerk's File 1989 -33. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Members of the Council concurred Project 176 was necessary for providing a drainage pond for the present and future drainage needs of the assessed area. Council further concurred that Project 176 was one of the first phases in meeting the objectives of the storm water master plan for the city's overall storm sewer needs. Council discussed whether the assessed properties received immediate benefit or whether assessments should be deferred until benefit was provided through City Project 177. Council reached a consensus the properties in the assessment area received benefit from the improvements at least equivalent to the assessment rate. MOTION by Hoke to adopt A RESOLUTION, A RESOLUTION ADOPTING ASSESSMENT ROLL, HAWKINS POND STORM SEWER IMPROVEMENTS, PROJECT NO. 176. SECOND by Napper. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: Oxborough. Council unanimously consented to a recess at 10:00 p.m. with the meeting continuing at 10:10 p.m. Administrator Stephan Jilk reviewed with Council a draft of the Development Commitment and Trust Agreement entitled, USPCI, Inc. Rosemount Community Trust, between the city and 288 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 USPCI, Inc. The documents set out the financial commitments by USPCI, Inc. regarding the proposed location of a non hazardous industrial waste containment facility in the city. USPCI, Inc. representatives were available to discuss and answer questions from the Council. See Clerk's File 1989 -33. MOTION by Walsh to concur with the Development Commitment presented by USPCI, Inc. and to authorize the necessary signatures. SECOND by Hoke. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: Napper. MOTION by Walsh to accept the USPCI, Inc. Rosemount Community Trust format and content as Exhibit "B" to the Development Commitment subject to changes in Item No. 7, to include that Trustees must be a resident of Rosemount and to delete the provision that a Trustee "shall always include one member from the business community of Rosemount SECOND by Hoke. Ayes: Oxborough, Walsh, Wippermann, Hoke. Nays: Napper. Community Development Director Dean Johnson reviewed with Council a proposed amendment to the Wensmann Additions Planned Unit Development Agreement to allow the city to assess sanitary sewer costs the developer owes for Wensmann 1st through 4th Additions and to assess estimated construction costs for Diamond Path. Johnson advised assessing the estimated construction costs prior to completion of the Diamond Path project would avoid assessing individual property owners when the project is completed. See Clerk's File 1989 -33. MOTION by Walsh to approve the amendment to the Wensmann Additions Planned Unit Development Agreement. SECOND by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Mapper. Nays: O. Following a proposal from Administrator Stephan Jilk regarding possible city involvement in the Red Ribbon Campaign, Council concurred with the concept presented by the administrator. Council requested that the administrator present a final recommendation regarding the city's involvement in the drug free /chemical abuse campaign at the October 17, 1989 meeting. See Clerk's File 1989- 33. Administrator Stephan Jilk informed Council of the Rosemount HRA's authorization to hire consultants to conduct a market study of the downtown area and the commercial area on County Road 42. Jilk advised the HRA Board requested that Council authorize cost sharing of the study as well as participating in the final presentation and review of the market study. MOTION by Wippermann to approve sharing the expense of the market study initiated by the Rosemount HRA on a fifty percent basis in an amount not to exceed $4,500.00 for the city's share of the total cost. SECOND by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. 4 1 City Engineer Rich Hefti recommended that the Council approve the bid presented to the American Legion by Berg Construction for the sidewalk, curb and gutter improvements project. Hefti advised the bid offered by Berg Construction was below the estimated cost and approval of this expenditure would allow the project to continue concurrently with the American Legion project. MOTION by Oxborough to approve the expenditure not to exceed $47,586 for the American Legion Sidewalk, Curb and Gutter Project. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: O. Mayor Hoke advised the Town Green Ad Hoc Committee will hold its first meeting on October 10, 1989, at 7:00 p.m. Administrator Stephan Jilk advised Diane Traxler of Decision Resources has recommended that the goals and objectives session scheduled for October 11, 1989 be postponed to the end of November. Jilk advised he concurred with the recommendations of Decision Resources to include any newly elected members to the council in the session. Jilk stated the transition from the current council to the new council would be much more effective in dealing with the issues brought out from the recent citizen involvement process. The Council unanimously concurred with this recommendation. MOTION by Oxborough to adjourn. SECOND by Wippermann. Ayes: 5. Nays: O. ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 Respectfully submitted, Susan M. Johtfson, Deputy Clerk 289 i an Jilk dministrator/CC1eerk Published this day of n L, 1989 in Dakota County Tribune. 290 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 17, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, October 17, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to include Item 4(j) Resolution Appointing Election Judge; Item 4(k) Authorization to Request Quotes on Playground Equipment; Item 5(b) Update on Retail Market Study; Item 6(e) Discussion on Zoning Ordinance Special Requirements in Downtown Area. MOTION by Wippermann to approve the Consent Agenda subject to including the two additional items, 4(j) and 4(k). SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -34. Administrator Stephan Jilk reported on his meetings with representatives of School District 196, Parents Communication Network and other cities in Dakota County regarding the Red Ribbon Campaign October 22 -29, 1989. Jilk acknowledged the willingness of the Rosemount Jaycees' to equally share with the City the cost of providing ribbons to school district and city staff, businesses, Rosemount students, buttons and banners. See Clerk's File 1989- 34. MOTION by Walsh to authorize an expenditure up to $500.00 on the Red Ribbon Campaign. SECOND by Wippermann. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Mayor Hoke read to the audience A PROCLAMATION SUPPORTING OCTOBER 27 -29, 1989 AS RED RIBBON WEEK. See Clerk's File 1989 -34. Community Developer Director Dean Johnson advised the city's consultants will be prepared to make a presentation regarding the retail market analysis /land use study on November 21, 1989, at 6:00 p.m., at a regular City HRA meeting. The Council concurred they would attend this meeting and encouraged other city commission members to also attend. Council reviewed the Master Storm Sewer Plan which would be used for implementing the stormwater control and management system for the western third of the city. City Engineer Rich Hefti recognized the input of the citizens advisory committee which consisted of Steve Toombs, Wesley Hasbrouck, Harry Willcox, Arnie Jensen, Forrest Krogh and Ray Barton. Consulting Engineer Steve Klein of Barr Engineering briefly summarized each section of the drainage plan. Klein commented on the joint effort of the citizens advisory committee and city staff and commended both groups for their time and efforts. 1 Engineer Klein answered several questions from Council. Concerns were expressed from Council regarding the designated use of single family residential in rural residential areas and the anticipated use of trunk storm sewer systems also within certain rural residential areas. It was noted by staff and the consulting engineer that in identifying and planning the long -range land use of the city, ultimate development was a major assumption in determining the types of land uses Identified in the plan. Council concurred that formal acceptance of the plan should be tabled to a future meeting to allow further review and discussion with staff on specific questions and concerns. See Clerk's File 1989 -34. Parks Recreation Director David Bechtold requested Council authorization for the purchase of materials and labor necessary to complete the fence projects for the pond area and baseball area of Connemara Park. Bechtold noted the Utilities Commission approved payment for the fencing around the holding pond. The parks director also requested Council approval to purchase the split rail fence material for area between the parking lot and athletic area. See Clerk's File 1989 -34. MOTION by Walsh to authorize the fencing work for the holding pond area, backstops work and split rail fence project. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: O. Community Development Director Dean Johnson presented for Council review an agreement between the City of Rosemount and the owners of AAA Auto Salvage which would authorize city staff to apply for Community Development Block Grant (CDBG) funding for the acquisition and relocation of AAA Auto Salvage. See Clerk's File 1989 -34. MOTION by Walsh to authorize the necessary signatures on the agreement between the City of Rosemount and the Andersons subject to deleting the words "slabs and footings on page 2 of the agreement. SECOND by Oxborough. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0, Community Development Director Dean Johnson requested direction from Council as to the method of securing a contract for recycling services in 1990. Council reviewed the two alternatives recommended by staff of either renegotiating a contract solely with Knutson Rubbish or preparing a Request for Qualifications (RFQ) and negotiating a contract with one or more haulers. Following discussion Council concurred to a single vendor concept and unanimously agreed a request for qualifications should he prepared to allow other haulers the opportunity to be considered for the city's choice in the city's 1990 recycling program. See Clerk's File 1989 -34. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 17, 1989 291 292 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 17, 1989 Council requested that city staff establish a process to allow staff and community business owners to meet and develop aesthetic guidelines for the downtown area. Members of the Council commented on the willingness of several business owners to become involved in such a process. Administrator Stephan Jilk concurred the business owners are ready to become involved in the destiny of the downtown area and felt this process should be tied together with results of the community involvement process which occurred over the last several months. Administrator Stephan Jilk advised the city will be receiving from the State Department of Revenue by October 23, 1989 the revised figures on Local Government Aid and levy limits. The administrator discussed a recommended schedule for preliminary budget discussion, public hearings on the proposed budget and benefits /salary adjustments for 1990. See Clerk's File 1989 -34. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Deputy Clerk ATTEST: tepha, Jilk, Adg�' /Clerk 3 Respectfully submitted, Susan M. Johnson, Published this c of /Z61t4 I32t„ 1989 in Dakota County Tribune. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1989 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, November 7, 1989 at 8:00 p.m. in the Council Chambers of the City Hall. The delayed start was due to the general elections. Mayor Hoke called the meeting to order with all members present. Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended as follows: Removal of 4(e). from the Consent Calendar to Item 5(e). Approval of Specs /Authorize Ad for Bids New Single Axle Cab and Chassis Truck; and addition of the following: Item 3(b). Halloween Update; Item 4(i). Approve Purchase of Sander for New One -ton Vehicle; and Item 6(h). Simple Lot Division. Koch Refining representatives Ray Knutson, Assistant Plant Manager, and Pat Thompson, Public Relations Director, presented Council with a brief overview of the refinery's current upgrade program for existing structures and plans for future expansion. Special consideration is being given to alternative waste water treatment systems for future expansion of facilities. City officials will be consulted regarding design alternatives and construction timetables of the impending expansion projects. Councilman Joseph Walsh reported the City sponsored Halloween festivity was successful with many residents and non residents in attendance. He recognized the participation of all who volunteered their assistance and were instrumental in the success of this program. Plans for next year's Halloween celebration are already underway. MOTION by Walsh to approve the Consent Agenda as amended. Second by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -35. City Engineer Rich Hefti advised that Council concerns on the readability of one of the maps in the Master Storm Sewer Plan will be modified to include arrows displaying the direction of stormwater runoff. Staff also agreed to include a statement in the document's cover letter identifying the master plan as an ultimate plan for maximum density development. This plan has no bearing on the Rosemount Comprehensive Guide Plan's identification and projections for existing and future land use. With this statement the Master Storm Sewer Plan should not be misinterpreted by future councils as a land use plan, but, rather demonstrate a worst scenario as development occurs to assess impacts on abutting districts or when a rezoning of property occurs. See Clerk's File 1989 -35. 2C4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1989 Council directed Staff to prepare a resolution to accept and adopt the Master Storm Sewer Plan to include the statement as discussed for placement on the Consent Agenda for the next Regular Council Meeting. The preliminary 1990 Operating Budget and 1990 -1994 CIP Budget were presented for Council review. City Administrator Stephan Jilk advised that impacts on local property taxes are not known at this time due to recent legislation resulting in the transfer of funds from local municipalities to school districts and the lack of final Dakota County calculations of the city's value /levy ratios. It was noted that, due to the increased housing values within the City of Rosemount, a substantial property tax increase is not anticipated. The submitted budget documents represent changes in revenue projections and reduced operating budget costs. See Clerk's File 1989 -35. MOTION by Walsh to adopt A RESOLUTION APPROVING A PRELIMINARY LEVY FOR COLLECTION IN 1990 IN THE CITY OF ROSEMOUNT. Second by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. MOTION by Walsh to set a public hearing for December 7, 1989 at 8:00 p.m. for review and consideration of the proposed 1990 Operating Budget and proposed 1990 -1994 CIP Budget. Second by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Administrator Stephan Jilk outlined a proposed procedure for the election of fire department officers. This policy would allow participation of Council and Administration in the selection of department officers. A Reviewing Committee with representatives from Council, Administration, Police Chief and fire department members would be set up for the purpose of screening officer candidate applicants. Job descriptions would be utilized to determine qualifications in the screening of applicants for placement on the ballot. Ultimate selection would remain with the voting membership of the fire department. See Clerk's File 1989- 35. MOTION by Oxborough to adopt the Rosemount Fire Department officer election policy as presented. Second by Napper. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. In addition to a basic contract previously approved by Council, Boarman Associates have submitted a second contract for consideration extending their services as an architectural firm should the City go ahead with any future expansion projects as a result of their firm's space needs study. Council supported Staff's recommendation to maintain only the basic contract in order to keep options open for the City to choose the architect for construction and design when the decision for expansion is made. See Clerk's File 1989 -35. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1989 295 MOTION by Napper to approve the specifications and authorize advertisement for bids on a new single axle cab and chassis truck subject to the addition of an alternate to allow out- right sale of the truck should it prove to be more economically beneficial to the City. Second by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Fire Chief Scot Aker advised of changes in the Rosemount Fire Department personnel and requested ratification of department membership action. See Clerk's File 1989 -35. MOTION by Walsh to accept the resignation of Mike O'Donnell as a Rosemount firefighter. Second by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. MOTION by Walsh to ratify Rosemount Fire Department action to remove John Erickson from probationary status and accept him as a regular member of the Rosemount Fire Department. Second by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. City Engineer /Public Works Director Rich Hefti recommended the hiring of A.J. Korpela to fill the Maintenance Level II position in the Maintenance Department which was created and approved in June, 1989. Mr. Hefti outlined recent educational upgrading and licensing, as well as Mr. Korpela's performance in his present employment with the City, which has qualified him for this new position. Mr. Hefti recommended Mr. Korpela begin at the beginning level, Step A at the 1989 rate of $11.30 an hour and that his employment in this new capacity be effective as of November 8, 1989. See Clerk's File 1989 -35. MOTION by Walsh to concur with the City Engineer /Public Works Director's recommendation as outlined in his memorandum dated November 3, 1989 and offer the Maintenance Level II position in the Maintenance Department to A.J. Korpela effective as of November 3, 1989. Second by Napper. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Administrator Stephan Jilk informed Council of the disbandment of the Grannis, Grannis, Farrell and Knutson law firm with Dave Grannis III and Dave Harmeyer forming a new partnership and Roger Knutson joining a new firm located in Eagan. Dave Grannis and Roger Knutson have each indicated their desire to continue serving the City of Rosemount in their respective capacities as they have in the past. See Clerk's File 1989- 35 MOTION by Napper authorizing the Rosemount HRA and City to utilize Roger Knutson as legal counsel for HRA matters and land use and zoning issues and the firm of Grannis and Harmeyer for all other legal counsel. Second by Walsh. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. 296 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1989 City Planner Michael Wozniak advised Council that the owners of Rosemount Woods are considering an addition to their cabinet making business located at 14640 Diamond Path in the Broback Industrial Park. The Planning Commission has referred this to Council for discussion due to the City's designation of this industrial park as a residential district where tax increment financing may be utilized for the development of housing. Rosemount Woods is currently the only industrial use in this industrial district. Failure of the property owners to complete the required public improvements precludes the approval of any further industrial building permits. Council was in agreement that, due to surrounding residential development, this property is no longer suitable for industrial use and that its appropriate long -term use is as a housing district. It was discussed that the procedure for rezoning of this property could commence as an indication to the property owners of Council's preferred use of the property. Staff was directed to meet with the owners of Rosemount Woods for the purpose of offering relocation opportunities and credible alternatives for the existing business. See Clerk's File 1989 -35. MOTION by Hoke authorizing Staff to initiate discussion with the owners of Rosemount Woods and Broback Industrial Park property owners of the potential for relocation of the present business and rezoning of the property to residential. Second by Napper. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. City Planner Michael Wozniak presented a request from the Planning Commission to amend the Zoning Ordinance. The Planning Commission has recommended an amendment to the Zoning Ordinance to include definitions for Agricultural Stand, Landscape Nursery and Commercial Greenhouse. See Clerk's File 1989 -35. Also relating to the recent Planning Commission action on the Landscape Nursery proposal is a recommendation from Staff and City Attorney Roger Knutson to consider an amendment to the Zoning Ordinance to establish an appeal procedure to City Council for Planning Commission actions on site plan reviews. Another amendment to the Zoning Ordinance has been requested by Councilman Vern Napper regarding the regulation of accessory structures on parcels under 20 acres in size east of Akron Avenue. Specifically, Mr. Napper believes that the term "aggregate total" should be removed from this provision because he believes it to be too restrictive. MOTION by Walsh to set a public hearing for amendments to Ordinance B- City of Rosemount Zoning Ordinance for November 21, 1989 at 8:00 p.m. in the Council Chambers of City Hall. Second by Oxborough. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Mayor Hoke suspended the regular order of the agenda in order to receive the results of the local election. 4 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1989 MOTION by Walsh to adopt A RESOLUTION DECLARING RESULTS OF THE ELECTION AS THEY APPEAR ON THE FACE OF THE ELECTION RETURNS AS MADE BY THE ELECTION JUDGES AND SUBMITTED TO THE CITY CLERK. Second by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. See Clerk's File 1989- 35. Councilmember Napper requested a five minute recess. 297 The meeting resumed at 10:05 p.m. Community Development Director Dean Johnson presented the appraisal summary for the Sunrise Builder Supply property located at 14000 South Robert Trail. Director Johnson noted that acceptance by Council of the appraisal represents a starting point for discussion and future decisions for potential uses of the property should an acquisition /sale be contemplated by either party. Council agreed to accept the appraisal as submitted and directed that it be placed on file. See Clerk's File 1989 -35. City Planner Michael Wozniak reviewed his November 3, 1989 memorandum regarding Staff recommendations for the establishment of a fee schedule for Zoning Ordinance and Map, Subdivision Ordinance, Comprehensive Guide Plan Amendment, Zoning Amendment (Text or Map), Variance Petition and Variance Appeal applications referenced in the Zoning Ordinance. Discussion ensued with Council authorizing preparation of a resolution establishing a fee schedule for the referenced applications, with the recommended changes, for placement on the Consent Agenda for the next regular meeting. See Clerk's File 1989 -35. City Planner Michael Wozniak presented a request from Cliff Carlson for a simple lot division in lieu of platting to separate the parcel that contains Mac's Bottle Shop in South Rose Park Addition Replat for finance reasons. Mr. Carlson has committed to plat the property in 1991 and will submit verification of his intent in the form of a letter to the City to be placed on file. MOTION by Walsh to approve a simple lot division in South Rose park as requested by Cliff Carlson, property owner, subject to submittal of a Certificate of Survey with legal descriptions and subject to the City's receipt of a Letter of Intent to plat the property by December 31, 1991. Second by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke presented an update on the Town Green Committee's recent activities which have included walking tours of city parks as well as a tour of various community parks within the 298 City of St. Paul. Another meeting is scheduled for next week to compile information and ideas generated from the various tours. Mayor Hoke briefly summarized the Mayor's Workshop he attended and stated he felt the group discussions were very informative and educational. Council directed staff to continue to monitor special events such as the Red Ribbon Campaign for City involvement. MOTION by Wippermann to adjourn. Second by Walsh. Ayes: 5. Nays: 0. ATTEST: Clerk Published this day of 7 :;e47L County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 7, 1989 e ectfullys ubm 1 Donna Quint}1s Recording Secretary 1989 in Dakota