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HomeMy WebLinkAbout31958 - NOVEMBER 1989 - DECEMBER 1991ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 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, November 21, 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 add the following: Item 7(d) Visnovec Property Discussion, Item 8(a) Town Green Ad Hoc Committee Update and Item 9(e) Hazardous Materials Response Team. Dr. J. Richard Dewey, Principal of Rosemount High School, explained the school's role in the community and the importance of school, parents and community members working together as a partnership. Dr. Dewey presented a videe tape which provided an overview describing the many services and programs the school offers to its students and the community. MOTION by Walsh to approve the Consent Agenda as presented. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Napper. Nays: 0. See Clerk's File 1989 -36. Parks Recreation Director David Bechtold reviewed the quotes received for sets of playground equipment for Dallara Park and Connemara Park and requested purchase of this equipment from 1989 and 1990 CIP funds. See Clerk's File 1989 -36. MOTION by Napper to authorize the purchase of two sets of playground equipment from Earl F. Anderson, Ind. for a sum of $10,397 for each set. SECOND by Walsh. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. Mayor Hoke opened the public hearing scheduled at this time. Mayor Hoke advised the purpose of the hearing was to consider an amendment to the Zoning Ordinance which would add the definitions of agricultural stand, commercial greenhouse and landscape nursery to Section 3; would amend Section 7 to modify restrictions placed upon the construction of accessory buildings on property located east of Akron Avenue and would add to Section 14 a procedure to appeal Planning Commission decisions on site plan reviews of building permit applications to the City Council. The administrator /clerk presented for the record an Affidavit of Posted Hearing Notice and an Affidavit of Publication. See Clerk's File 1989 -36. City Planner Michael Wozniak provided a brief background on a proposal for a landscape nursery denied by the Planning Commission. This review resulted in the Planning Commission ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 1989 recommending the permitted uses of an agricultural stand, commercial greenhouse and landscape nursery should be defined in the Zoning Ordinance. City Planner Wozniak reviewed the definitions recommended by the Planning Commission and noted the Planning Commission at its November 14, 1989 meeting clarified its recommendation by indicating a preference not to allow retail sales in conjunction with commercial greenhouses and landscape nurseries. Wozniak further reviewed for Council consideration two sets of definitions, drafted by the city attorney, which defined these permitted uses for retail sales only or for wholesale sales only in an agriculture district. Therese Krech, 12050 Dodd Boulevard, Kurt Hansen, 12101 Dodd Boulevard, and Jane Goedtel, 2980 120th Street West, presented several reasons for restricting retail sales in an agriculture district. The attorney for the developer of the proposed landscape nursery advised that his client, Rose Cliff Landscape Nursery, would take the position that any amendments to the existing zoning ordinance would not apply to the building permit application submitted to the city on October 17, 1989. City Planner Michael Wozniak reviewed the proposed amendment to establish an appeal process for planning commission actions on site plan reviews to City Council. This amendment would allow an applicant, resident, or council member to appeal a planning commission site plan action provided the appeal is filed within ten days of the action taken by the Planning Commission. The city planner advised the Planning Commission has recommended approval of this amendment. Council receive comments from the audience in favor and against this amendment. City Planner Michael Wozniak related the Planning Commission's action denying Councilmember Napper's request to amend the zoning ordinance to remove the words, "total aggregate" from the current language of the zoning ordinance regarding the regulation of accessory structures on parcels under twenty acres in size east of Akron Avenue. Since Councilmember Napper was not informed the Planning Commission would review his request at the November 14, 1989 meeting, staff recommended that Councilmember Napper be allowed an opportunity to address the Commission at a future meeting. There were no comments received from the audience in favor or against this amendment. MOTION by Hoke to close the portions of the public hearing to consider an amendment to include the definitions of permitted uses in an agriculture district and to consider an amendment to 2 1 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 1989 establish an appeals process to the city council on site plan reviews and to continue the third segment of the public hearing regarding sizes of accessory buildings east of Akron Avenue to January 16, 1990, at 8:00 p.m. SECOND by Walsh. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. Council discussed the proposed definitions for commercial greenhouse, landscape nursery and agricultural stand and the issue of whether these definitions should restrict or allow retail sales in an agriculture district. Following this discussion, Council concurred retail sales should not be permitted in an agriculture district. Council directed staff to prepare an amendment defining commercial greenhouse and landscape nursery with regards to wholesale sales only, to delete "accessory sales" from the definition drafted by the city attorney, and to redefine the definition of agricultural stand to allow a farmer to sell products grown or produced on a farm from the farmstead, stand or booth for a period greater than four months. Following discussion, Council concurred a provision should be included in the zoning ordinance to provide an appeal process on site plan review action by the Planning Commission. MOTION by Hoke to table action on the proposed amendments regarding definitions of commercial greenhouse, landscape nursery and agricultural stand and a site plan review appeal process to the December 5, 1989 Council meeting. SECOND by Napper. Ayes: Napper, Walsh, Wippermann, Hoke. Nays: 0. Council discussed the request from Knutson Rubbish Service, Inc. to consider sponsorship of a recycling grant application to the Metropolitan Council. The grant would subsidize the purchase of equipment necessary for Knutson Rubbish to operate a private materials recovery facility in the city. The City and Knutson Rubbish would enter an agreement whereby Knutson Rubbish would provide the required funding for fifty percent of the grant, and the City would act as the local sponsor. Following this discussion, Council indicated their interest in this project and directed staff to continue working with Knutson Rubbish. See Clerk's File 1989 -36. City Administrator Stephan Jilk presented for Council adoption a resolution approving the storm water master plan developed by Barr Engineering. The administrator advised language has been inserted in the plan to reflect concerns by Council that the plan should not be utilized as a land use plan. See Clerk's File 1989 -36. MOTION by Hoke to adopt A RESOLUTION ADOPTING THE "CITY OF ROSEMOUNT DRAINAGE PLAN WEST DRAINAGE AREA" DATED MAY, 1989 AS DEVELOPED BY BARR ENGINEERING. SECOND by Walsh. ayes: Walsh, Hoke, Napper. Nays: Wippermann. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 1989 MOTION by Walsh to hold a special workshop session on December 2, 1989, from 8:00 a.m. to Noon, for the purpose of reviewing the proposed 1990 operating budget, proposed 1990 -1994 CIP and the 1990 salary and benefit proposals for non -union employees. SECOND by Napper. Ayes: Wippermann, Hoke, Napper, Walsh. Nays: 0. City Engineer Rich Hefti reviewed with Council the 1990 Utility Budget adopted by the Utilities Commission and the recommended water and sewer rate increases for 1990. No action was taken by Council. Councilmember Napper reported on a telephone discussion with Commissioner Loeding regarding the City's interest in property located on County Road 42 which had been secured by the County as part of the County Road 42 reconstruction project. The County Board of Commissioners wanted to be assured the City did not want to acquire this land before the Board awarded a bid received for this property from a private buyer. MOTION by Walsh that the city has no interest in the property along County Road 42 formerly known as the Visnovec property and that the city should receive from the county a portion of the proceeds from the sale of this property. SECOND by Mapper. Ayes: Hoke, Napper, Walsh, Wippermann. Nays: 0. Mayor Hoke advised the members of the Town Green Ad Hoc Committee have concurred the entry level on Highway 3 and the area just below this area should be the first phase of the town green project. The members are currently submitting their proposals for this area. Mayor Hoke advised the committee members would like to meet with city staff to discuss the proposals and to find out if their proposals are feasible and realizable. Administrator Jilk concurred with this suggestion and will schedule a meeting.. Administrator Jilk recommended the goals /objectives session be scheduled in January, 1990 since it was impossible to reach an available date in December when everyone was available. Council concurred to this recommendation and agreed the session should include the present council and the new council. See Clerk's File 1989 -36. The administrator informed Council of the city administrators in Dakota County putting together a series of special training opportunities for city staff and elected officials. This group has engaged Dr. Lange Longfellow to speak on February 5, 1990; and through the cooperative efforts of this association, the costs for attendance by staff and elected officials will be very reasonable. See Clerk's File 1989 -36. Administrator Jilk advised the terms of several commission /committee members will expire this year and requested that Council give consideration on the process for filling these terms. See Clerk's File 1989 -36. 1 The administrator informed Council of meetings between staff members and representatives of an organization know as ARN (America's Radio Network) This organization has proposed to lease space in Ken Rose Mall for a national radio network station and has asked the city to issue bonds to fund the project. The administrator advised staff is presently researching this proposal and will provide further information at a future meeting. See Clerk's File 1989 -36. Administrator Jilk advised a joint powers agreement for the formation of a hazardous materials response team will be presented to Council for approval at the December 5, 1989 Council meeting. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 4. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 1989 Respectfully submitted, Susan M. Yolffison Deputy Clerk 'Step an Jilk Administrat4f /Clerk Published this /4 of December, 1989 in Dakota County Tribune. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 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, December 5, 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. 4 Mayor Hoke led the group in the Pledge of Allegiance. i The agenda was amended to include Item 3(a) Star City Update /Logo and Slogan Contest; Item 4(d) Approval of Off -Sale Liquor License for Mac's Bottle Shop; Item 6(f) Ratify Fire Department Leave of Absence and Item 7(b) Final Word. Economic Development Specialist Tracie Pechonik advised the Star City Committee is very near completing the requirements for the city to be designated a Star City. Pechonik and Rosemount Chamber member Marie Jensen announced the Rosemount Chamber is sponsoring a logo and slogan contest to Rosemount residents. Jensen felt the contest would provide an excellent opportunity for community involvement. See Clerk's File 1989 -37. MOTION by Walsh to approve the Consent Agenda. SECOND by Wippermann. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. Administrator Stephan Jilk presented for Council consideration a Joint Powers Agreement which would establish a hazardous material response team consisting of trained members from various fire departments throughout Dakota County. Jilk advised each city in Dakota County and the County, in representing the townships, would pay into a response team fund, and the funds would be used for training, equipment purchases, salaries and administrative costs. Cities and the county would make contributions on an annual basis, and Rosemount's cost for 1990 would be $2,226. The final draft of the joint powers agreement will be presented for Council approval at a future meeting. See Clerk's File 1989 -37. City Engineer Rich Hefti reviewed with Council the 1990 Utilities Operating Budget for water and sanitary sewer services. Hefti discussed the increase in water and storm sewer rates from $.95 to $1.10 and the reasons for the recommended increase. Hefti advised the increase in the sanitary sewer rate from $1.25 to $1.85 is mainly attributable to the increase in the metro waste fee charged to the City by the Metropolitan Waste Control Commission. See Clerk's File 1989 -37. MOTION by Hoke to adopt the 1990 Utilities Operating Water and Sewer Budget. SECOND by Napper. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson provided background information regarding the request by Rosemount Wood's, Inc. to expand their business located in Broback I -Park development, and the Planning Commission's referral of this request to the City Council since the property was designated a housing tax increment ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 1999 district. Johnson commented on the lack of development in Broback I -Park since its initial site grading in 1974 to present, and the lack of agreement between the city and property owners regarding design and costs for a frontage road. Johnson advised that in August, 1988, city staff hosted a formal meeting with the property owners of the vacant parcels who did not reach a consensus on whether this development should be built as single family or multiple family housing or remain as an industrial park. See Clerk's File 1989 -37. Community Development Director Johnson requested that staff be allowed to complete a land use study of the area by meeting with Broback I -Park property owners and adjacent neighbors to determine a valid use for this land. Johnson further recommended that a moratorium on building permits in Broback I -Park be established until the study is accomplished. Diane Michalski, owner of Rosemount Woods, Inc., requested Council's approval for expansion of the business and expressed some frustration regarding the length of time the city has taken to determine how this area should be developed. Michalski objected to the proposed moratorium being in effect until May 1, 1990. Chuck Stauffer, 14587 Delft Avenue, supported expansion of Rosemount Woods and maintaining the area as an industrial park. Stauffer advised Council the industrial park was not a detriment to his home or neighborhood. Following discussion, the Council concurred Rosemount Woods, Inc. should be issued a building permit to expand their business, and a formal land use study of the area would benefit Council in future decision making on development of the property. MOTION by Napper to issue the building permit to Rosemount Woods, Inc. and to pursue the land use evaluation. SECOND by Walsh. ayes: Hoke, Oxborough, Napper, Walsh, Wippermann. Nays: 0. City Planner Michael Wozniak presented the final draft of an ordinance amendment to the Zoning Ordinance regarding definitions for the terms Agricultural Stand, Commercial Greenhouse and Landscape Nursery and the proposed amendment to establish an appeal procedure for planning commission site plan actions. See Clerk's File 1989 -37. MOTION by Walsh to adopt AN ORDINANCE AMENDING THE ZONING ORDINANCE pertaining to the appeal procedure for site plan actions and the definitions of Agricultural Stand, Commercial Greenhouse and Landscape Nursery. SECOND by Wippermann. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 1989 Developer of a proposed landscape nursery, Sandy Sachter, and his attorney, requested that the developer be allowed to provide general information regarding the definitions being considered by Council. Mayor Hoke advised public input was received at the November 21, 1989 public hearing to consider the definitions; and upon the closing of the public hearing, Council concurred the definitions should preclude retail sales in an agriculture district. Role call of motion: Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: 0. A short recess was called with the meeting continuing at 9:30 p.m. City Administrator Stephan Jilk presented for continued discussion from previous Council meetings the 1990 Operating Budget, 1990- 1994 CIP Budget and 1990 salary and benefit proposals for non- union staff. Jilk specifically addressed questions by Council regarding insurance, vacation and severance pay benefits. Council concurred severance pay, in regards to receiving pay based upon number of years of employment, should be a benefit only for those employees who leave the employ of the city for retirement purposes See Clerk's File 1989 -37. MOTION by Walsh to adopt A RESOLUTION OUTLINING NON -UNION FULL TIME STAFF SALARY AND BENEFITS FOR 1990. SECOND by Hoke. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: O. Council directed the Administrator to prepare a summary and presentation of the proposed 1990 Operating Budget and 1990 -1994 CIP as proposed for the December 7, 1989 public hearing on the 1990 Budget. Fire Chief Scott Aker requested ratification of approval by the Fire Department membership of a request by a fire department member Bernie Szczesniak for a medical leave of absence. MOTION by Oxborough to ratify an approval by the Fire Department of a medical leave of absence for Bernie Szczesniak. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0 City Administrator Jilk presented from the Armory Committee a listing of potential uses and corresponding facility components for the armory /community project. The administrator brought the Council up to date on the various activities of the committee which included tours of several cities' armories and /or community facilities and meetings with National Guard representatives to discuss overall planning, the armory program and architectural design and construction options. Jilk requested that funds be expended from the armory fund to contract the architectural firm of Boarman Associates to provide cost estimates on the potential uses provided by the Armory Committee. Jilk advised the cost 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 193 estimates would allow the committee to consider each item as to its relative cost and associate its cost to the affect it will have on the community in regards to tax levy. See Clerk's File 1989 -37. MOTION by Wippermann to authorize the firm of Boarman Associates to review the project list put together by the Armory Committee and to place dollar costs on the potential uses with a cost for this service not to exceed $1100. SECOND by Oxborough. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh. Nays: 0. Building Official Ron Wasmund reviewed with Council the options available to the city regarding a Metropolitan Waste Control Commission (M.W.C.C.) policy change which exempted all properties utilizing private systems from having to pay a service availability charge (S.A.C.) when applying for building permits for new buildings or remodeled buildings with additions based upon a parameter table and residential equivalents. Wasmund advised this policy change by the M.W.C.C. implemented a voluntary refund program where all S.A.C. fees collected from 1973 to January 1, 1987, could be refunded by the M.W.C.C. to each municipality which in turn would have the option to rebate the connection fee sum to the property owner, establish a fund for future sewer installation or utilize the money in whatever way the city would choose. Building Official Wasmund advised research indicated that 163 properties were assessed this fee, and staff recommended the appropriate funds be refunded to the current property owner. Wasmund noted the total refund money from the M.W.C.C. would not be sufficient to install sewer to an area which is not currently served, and it would be inequitable to the property owner for the city to escrow the funds of those people who have paid and will never have municipal sewer service. See Clerk's File 1989 -37. MOTION by Walsh to adopt A RESOLUTION REQUESTING AND APPROVING A SERVICE AVAILABILITY CHARGE (S.A.C.) REFUND PROGRAM. SECOND by Hoke. Ayes: Hoke, Oxborough, Napper, Walsh, Wippermann, Napper. Nays: 0. City Engineer Rich Hefti requested Council authorization to adopt a resolution establishing the water and sewer rates and setting the new connection charges for water, sanitary sewer and storm sewer for 1990. The city engineer noted the resolution contained language that the water, sewer and storm sewer connection charges would be adjusted annually based upon the "Engineers News Record Construction Index Discussion ensued regarding the rural water system recently installed in the eastern part of the city and whether users of the rural water system would be charged the connection fee proposed for 1990 once this system is turned over to the city from the University of Minnesota. Staff advised this issue would be 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 1989 reviewed and determined when the city begins maintaining the rural water system. Discussion also ensued regarding the proposed city sewer connection charge for lots greater than 13,500 square feet, and the correlation between larger lots and a higher connection fee. See Clerk's File 1989 -37. MOTION by Walsh to adopt A RESOLUTION ESTABLISHING WATER AND SEWER RATES, CHARGES AND DEPOSITS. SECOND by Hoke. Ayes: Oxborough, Napper, Walsh, Wippermann, Hoke. Nays: O. MOTION by Wippermann that staff be directed to review the city sewer connection charges as they pertain to larger lots and the unit charges for the larger lots by June 1, 1990. SECOND by Oxborough. Ayes: Napper, Walsh, Wippermann, Hoke, Oxborough. Nays: 0. Parks Recreation Director David Bechtold presented the Parks Recreation Committee recommendation to increase the land value in determining park dedication fees regarding new residential subdivisions from $8,000 an acre to $10,000 an acre. See Clerk's File 1989 -37. MOTION by Walsh to update the park dedication formula by increasing the new residential land value from $8,000 an acre to $10,000 an acre. SECOND by Napper. Ayes: Walsh, Wippermann, Hoke, Oxborough, Napper. Nays: 0. City Planner Michael Wozniak requested Council approval of the applications for the City of Rosemount Comprehensive Guide Amendment #12 and #14. Wozniak advised Amendment #12 would re- establish a land banking system for allocating acreage for sewered development and would increase the city's current undesignated land bank acreage of 318 acres to 600 acres. Amendment #14 would transfer 2.4 acres from the city's undesignated land bank into the Municipal Service Area (MUSA) to allow additional right -of -way of Shannon Parkway for the installation of sanitary sewer. Wozniak noted both amendments have been approved by the Metropolitan Council and the Planning Commission. See Clerk's File 1989 -37. MOTION by Napper to adopt A RESOLUTION AMENDING THE CITY OF ROSEMOUNT COMPREHENSIVE GUIDE PLAN. SECOND by Walsh. Ayes: Hoke, Oxborough, Napper, Walsh. Nays: Wippermann. Community Development Director Dean Johnson briefly discussed with Council the direction staff has taken regarding the preparation of a formal application to Dakota County for funds available to the city through the 1990 Community Development Block Grant Program. The formal application will be presented for Council approval at the December 19, 1989 City Council meeting. See Clerk's File 1989- 37 Mayor Hoke reminded Council and staff of the reception for citizens who have served on the Citizens Advisory Committee and the Master Storm Water Advisory Committee. Certificates of Appreciation will be presented to each member in appreciation of their serving on these committees. Mayor Hoke announced this would be his last regular Council meeting as Mayor of Rosemount and took the opportunity to reflect on his last two years as Mayor. Mayor Hoke thanked the Council for two years of copacetic involvement with each other and thanked the city staff for their support and a very close relationship. Mayor Hoke commented on the accomplishment of creating goals derived from the community involvement process and the importance of being visionary in decision making. MOTION by Walsh to hold a special executive session to discuss a litigation matter. SECOND by Wippermann. Ayes: 5. Nays: 0. MOTION by Walsh to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. Respectfully submitted, ATTEST: elan Jilk Administrator /Clerk Published this 4 day of cs At' 19 90, in Dakota County Tribune. 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 199q Susan M. Johnson Deputy Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 7, 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, December 7, 1989, 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 Oxborough present. Councilmember Napper was absent. Mayor Hoke opened the public hearing regarding the 1990 Budget and the 1990 levy. The administrator /clerk presented for the record the Affidavit of Publication. See Clerk's File 1989 -38. Administrator Stephan Jilk presented an overview of the 1990 Operating Budget and 1990 -1994 CIP. See Clerk's File 1989 -38. There were no questions or comments received from the audience. MOTION by Oxborough to close the public hearing. SECOND by Walsh. Ayes: Walsh, Wippermann, Hoke, Oxborough. Nays: 0. MOTION by Walsh to adopt A RESOLUTION APPROVING THE 1990 OPERATING BUDGET, THE 1990 -1994 CIP BUDGET AND THE 1990 LEVY REQUIRED BY THE CITY OF ROSEMOUNT, SECOND by Hoke. ayes: Wippermann, Hoke, Oxborough, Walsh. Nays: 0. MOTION by Walsh to adjourn. SECOND by Oxborough. Ayes: 4. Nays: 0. ATTEST: Respectfully submitted, Susan M. Johnson Deputy Clerk Stephan Jilk, .ministrator /Clerk Published this 27 day of TCGrucai 1990, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 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, December 19, 1989, 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 Items 6(h) Sachter Project Appeal, Item 8(a) Passing Thoughts and Item 9(a) Discussion on Goals /Objective Session. MOTION by Walsh to approve the Consent Agenda subject to a correction to the December 5, 1989 Regular Council Meeting Minutes. Page 1, paragraph 7 should read the increase in the sanitary sewer rate from $1.25 to $1.85. SECOND by Wippermann. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. See Clerk's File 1989 -39. Community Development Director Dean Johnson presented for Council review and consideration the 1990 Community Development Block Grant Application for the estimated $95,000 available to the city. Johnson reviewed the potential acquisition of the fire damaged Launderville home on Burnley Avenue and the Schneider rental property on Burma Avenue which are eligible under the program. Johnson advised the Rosemount HRA Board this evening approved utilization of tax increment funds to assist in the acquisition of these properties. The HRA Board would administer the program. See Clerk's File 1989 -39. MOTION by Walsh to adopt A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF ROSEMOUNT FOR FISCAL YEAR 1990 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING. SECOND by Oxborough. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. Council reviewed the 1990 Recycling Contract between the City of Rosemount and Knutson Rubbish Service, Inc. Community Development Director Johnson advised the Knutson Rubbish Service, Inc. proposal was the only response the city received from the request for qualifications published in the city's legal newspaper and forwarded to the eleven licensed haulers in the city. Johnson noted the 1990 recycling program will expand the existing commercial /industrial program. A new feature of the city's recycling program will be the collection of plastic beverage containers. Council and staff discussed the importance of keeping residents informed of the city's recycling program. See Clerk's File 1989 -39. ROSEMOUNT CITY PROCEEDINGS REGULAR HEETING DECEMBER 19, 1989 MOTION by Walsh to approve the Supplemental Agreement Between City of Rosemount and Knutson Rubbish Service, Inc. SECOND by Napper. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0. Community Development Director Dean Johnson presented for Council review and consideration an agreement between the City and Knutson Rubbish Service, Inc. and an application to the Metropolitan Council for a capital assistance grant. Johnson advised the agreement sets out the conditions between the city and Knutson Rubbish for the city to apply for the grant on behalf of Knutson Rubbish who is seeking capital assistance to construct a material recovery facility. Johnson further advised the grant application, if approved, would provide a maximum of $150,000 from Metropolitan Council for capital expenditures, and any requirement for financial contributions would be matched by Knutson Rubbish and not the City. See Clerk's File 1989 -39. MOTION by Walsh to adopt A RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR A FISCAL YEAR 1989 CAPITAL ASSISTANCE GRANT. SECOND by Oxborough. Ayes: Napper, Wippermann, Walsh, Oxborough. Nays: 0. City Administrator Stephan Jilk requested direction from Council regarding a procedure for appointments or reappointments of members to the city's commissions and committees for 1990. Following discussion, Council reached a consensus Mayor -elect Napper should provide recommendations to Council at the January 2, 1990 Council meeting for commission /committee and council liaison appointments. Council concurred a process should be established for such appointments in future years. See Clerk's File 1989 -39. Community Development Director Dean Johnson presented for Council consideration an Addendum to the Planned Unit Development (PUD) and Subdivision Agreement for West Ridge development. Council was informed the addendum would amend the park dedication requirement to allow an extension to June 30, 1990 as the date the developer, Rosemount Development Co., would have to deed the park land to the city rather than the present requirement of January 1, 1990. Johnson advised the developer has not purchased the 8.3 acres of land to be dedicated for the southern portion of Jaycee Park. Parks Recreation Director David Bechtold advised the Park Board recommended approval of the extension of time and further advised the city may jeopardize the $35,000 land grant approved for Jaycee Park if park dedications fees were paid in lieu of the land dedication. See Clerk's File 1989 -39. MOTION by Napper to approve the Addendum to Planned Unit Development and Subdivision Agreement and to authorize the necessary signatures subject to execution by the developer. SECOND by Walsh. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. Chairman of Leprechaun Days Committee Joseph Walsh requested Council authorization to enter a contract with Vitale Fireworks Display Co. for furnishing and performing the fireworks during 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1989 Leprechaun Days' Week, July 21 -29, 1990. Walsh advised an early contract and a fifty percent payment of the total contract amount would cause a considerable discount. See Clerk's File 1989 -39. MOTION by Walsh to approve the funding for the Leprechaun Days fireworks display and to enter into a contract with Vitale Fireworks Display Co. for a total cost of $6,000. SECOND by Napper. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. City Engineer Rich Hefti presented the bids received for the 1990 cab and truck chassis and recommended the truck be purchased from the low bidder, Lakeland Ford, in the amount of $42,313.54. Hefti felt the trade -in figures for the city's 1974 truck did not warrant acceptance of the base bids received and recommended the truck being replaced be designated surplus property and sold by the city. Clerk's File 1989 -39. MOTION by Walsh to accept the bids for the 1990 cab and truck chassis and to purchase the truck from Lakeland Ford who submitted the low alternate bid with no trade -in in the amount of $42,313.54. SECOND by Mapper. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0. MOTION by Walsh to declare the 1974 truck as surplus equipment and to direct staff to sell the 1974 truck in the appropriate manner. SECOND by Napper. Ayes: Napper, Wippermann, Walsh, Oxborough. Nays: 0. City Planner Michael Wozniak advised the City received a request from Bituminous Materials, Inc. to renew its mining permit for an eighty acre site located immediately south of Solberg Aggregate on TH 56. Although the original conditions of the mining permit approved for 1989 by Council would remain the same, Wozniak noted Koch Refining Co. recently purchased this site and will be required to consent to the conditions of the permit. Wozniak further advised the Planning Commission recommended approval of the renewal subject to execution by Bituminous Materials, Inc. and Koch Refining Co. of the new set of Mining Permit Conditions. See Clerk's File 1989 -39. MOTION by Walsh to renew the mining permit of Bituminous Materials, Inc. and the conditions of the mining permit. SECOND by Wippermann. Ayes: Wippermann, Walsh, Oxborough, Napper. Nays: 0. MOTION by Wippermann authorizing attendance of any newly elected councilmember or existing councilmember at the Seminar for Elected Officials on January 26, 1990 and the Conference for Newly Elected Officials on January 27, 1990. SECOND by Walsh. Ayes: Walsh, Oxborough, Napper, Wippermann. Nays: 0. Police Chief Staats requested authorization to purchase two squad cars from Farmington Ford- Mercury which was the dealership awarded the bid through the Hennepin County bid process. Chief Staats advised each squad car would be a 1990 Crown Victoria at a cost of $12,662 each. The police chief suggested disposition of the two squads being replaced could be determined once the new squads are delivered. See Clerk's File 1989 -39. MOTION by Oxborough to approve the bid for the two 1990 squad cars for a total cost of $25,324. SECOND by Napper. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0. City Planner Michael Wozniak requested clarification on the Council's position as to whether crushing machinery and portable asphalt plants should be allowed when a seasonal grading /excavation permit is issued for the purpose of removing sand and gravel to improve property for agricultural use. Wozniak advised the Planning Commission considered this matter at its November 14, 1989 meeting. The Planning Commission approved a recommendation to City Council to allow the use of crushing machinery in conjunction with seasonable excavation and prohibited portable asphalt plants. The Planning Commission further restricted this permitted use to excavations taking place on properties located east of Akron Avenue. The majority of the City Council concurred with the Planning Commission recommendation and further concurred portable asphalt plants should be restricted to commercial and industrial sand and gravel mining operations. See Clerk's File 1989 -39. MOTION by Walsh to direct staff to allow the use of crushing machinery in conjunction with seasonal grading /excavation permits on agricultural property east of Akron Avenue and to prohibit the use of portable asphalt plants in conjunction with such permits. SECOND by Oxborough. Ayes: Wippermann, Walsh, Oxborough. Nays: Napper. Discussion was held concerning a Notice of Appeal received by the city from the attorney for Rose Cliff Landscape Nursery, Inc. regarding the Planning Commission's denial of an application for a building permit to construct and operate a landscape nursery on property located at South Robert Trail and 120th Street West. Administrator Stephan Jilk advised the Notice of Appeal was submitted pursuant to a recent amendment to the city's Zoning Ordinance setting out an appeals process to the City Council of site plan review decisions by the Planning Commission. The administrator further advised the city attorney rendered a legal opinion the city would not be obligated to allow this appeal since the appeal process did not exist when the city received the application from Rose Cliff Landscape Nursery, Inc. See Clerk's File 1989 -39. MOTION by Walsh that the City Council will not set a public hearing date regarding the Rose Cliff Landscape Nursery, Inc. application for a building permit since at the time the application was submitted and then reviewed by the Planning Commission on October 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1989 24, 1989, there was no appeal process in the Rosemount Zoning Ordinance; and therefore, the City Council cannot set a public hearing date. SECOND by Napper. Ayes; Walsh, Oxborough, Napper, Wippermann. Nays: 0. Councilmember Joseph Walsh shared with Council and staff events over the past week which included his receiving the Karen Monson Memorial Award from the Rosemount Jaycees and gifts from the Rosemount city staff. Councilmember Walsh thanked the city staff and Rosemount citizens for their support and the close relationship shared over the past 12 years. Councilmember Walsh expressed his hope that the City Council, staff and residents would continue working together as a family. The City Council concurred to hold the goals and objectives session among City Council and staff members on January 30, 1990. The city administrator will notify those attending of the starting time and where the session will be held. Administrator Stephan Jilk requested Council approval for one half of the cost to fund a presentation by the Hoisington Group and McComb Group of the land use /market analysis study these consultants were engaged to conduct and prepare. The city administrator advised several business owners have requested information on the report and recommended the city host a meeting to allow Hoisington and McComb to present their findings to the community and more specifically the business community and chamber members. Jilk advised the Rosemount HRA Board approved appropriation for one —half of the cost. MOTION by Walsh to approve a presentation by the Hoisington Group and McComb Group to the community and to authorize funds for one —half of the cost. SECOND by Wippermann. Ayes: Oxborough, Napper, Wippermann, Walsh. Nays: 0. MOTION by Walsh to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 19, 1989 Respectfully submitted, Susan M. Johnson, Deputy Clerk ep'an Jilk Adm nistrato /Clerk Published this rt l day of January, 1990 in Dakota County Tribune. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1990 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 2, 1990, at 7:30 p.m. in the Council Chambers of the City Hall. City Administrator Stephan Jilk swore in and congratulated Vernon Napper as Mayor, Harry Willcox as Council Member and Sheila Klassen as Council Member. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The invocation was given by Pastor James Tetlie of St. John's Lutheran Church. The agenda was amended to include Item 7(a) Town Green Committee Discussion; Item 7(b) Procedure for Choosing Commissions /Committee Members and Council Liaisons; Item 8(c) Peoples Natural Gas Discussion; and Item 10(b) Discussion on Annual Department Heads Presentation to Council. MOTION by Wippermann to approve the Consent Agenda as presented. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Motion carried. See Clerk's File 1990 -1. MOTION by Wippermann to adopt A RESOLUTION NAMING DEPOSITORIES /FINANCIAL INSTITUTIONS FOR CITY FUNDS. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Motion carried. See Clerk's File 1990 -1. MOTION by Napper to designate the Dakota County Tribune as the official newspaper for the City of Rosemount. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Motion carried. See Clerk's File 1990 -1. Mayor Napper reviewed his recommendations for council liaison appointments for 1990. Discussion followed regarding the appropriateness or necessity of continuing the Liaison to Business position created two years ago. The question was raised whether a formal council liaison position should exist for one particular group within the community and not for other special groups when a council member at any time can become involved with the business community. A general consensus was reached it was more appropriate for staff to provide the direct link between the city and the business community and that city staff involvement had increased since the Liaison to Business position was established. Council concurred this position should exist for one more year and further assessment of the position be made at that time. See Clerk's File 1990 -1. MOTION by Willcox to accept the Council Liaison recommendations as presented by Mayor Napper. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Motion carried. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1990 Mayor Napper presented the following recommendations for committee and commission appointments for 1990: reappointment of Sheila Hathaway to the Planning Commission for a three year term; reappointment of Alvin Meyer to the Planning Commission for a three year term; reappointment of Del Lorentzson to the Parks Recreation Committee for a three year term and reappointment of Joseph Walsh to the Utilities Commission for a three year term. See Clerk's File 1990 -1. MOTION by Wippermann to approve recommendations for appointments to the Planning Commission, Utilities Commission, and Parks Recreation Committee as presented by Mayor Napper. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Motion carried. Mayor Napper presented for discussion the Rosemount HRA position filled by Thomas Tucker, whose term expired on December 31, 1989. Mayor Napper expressed his desire to be appointed to the HRA Board and presented the options of council approving Napper's appointment to this position or considering having one position on the HRA Board designated as the mayor's position, which would be filled by the current mayor in office. Council also discussed the option of the HRA Board consisting of two or three members of the council and the terms of council and HRA Board membership running concurrently. Administrator Stephan Jilk reviewed with council discussion by the HRA Board regarding the possibility of establishing an Economic Development Authority (EDA) possibly by May 1, 1990. Jilk recommended the membership requirement, reflecting the consensus of council that two to three council members be appointed to the board, be considered at the time the HRA Bylaws would be amended to reflect the change to an Economic Development Authority board. Following further discussion, Council reached a consensus Mayor Napper should be appointed to the HRA Board. MOTION by Willcox to appoint Vernon Napper to the Rosemount HRA Board. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Motion carried. MOTION by Willcox directing staff to report to council with recommendations for EDA board membership requirements and change of the HRA Bylaws by April 1, 1990. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Motion carried. Discussion was held by Council regarding Rollan Hoke's membership on the Armory Committee and the Town Green Committee and whether Hoke's membership would continue on both committees as a citizen member. Administrator Jilk, as staff coordinator on the Armory Committee, recommended that the former mayor continue serving on the Armory Committee and that Council consider appointing another council member to fill the council position Hoke held as mayor on that committee. Jilk further recommended that Hoke also continue serving on the Town Green Committee in the same citizen capacity, and that Council consider appointing a staff member or council member as a new coordinator for this committee. Council unanimously concurred Rollan Hoke should continue working on both committees and agreed staff should provide to Council at the next regular meeting the current members initially appointed to both of these committees and a recommended staff member to possibly coordinate the Town Green Committee. Council also agreed to advise at the next council meeting their desire, if any, to serve on either committee. The administrator informed Council a meeting between city staff and the Town Green Committee would be scheduled once the new membership is approved. Council Member Klassen requested continued discussion from the December 19, 1989 Regular Council Meeting regarding a formal procedure for appointments to the city's commission and committees. Council members expressed concerns the past appointment processes were inconsistent and the automatic reappointment of members wishing to serve another term did not allow for overall community involvement. It was the general consensus of the Council an approved written procedure would cause consistency in the appointment process. MOTION by Napper directing staff to prepare guidelines and recommendations for appointments to the city's commission and committees for council review in sixty days. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Motion carried. Administrator Stephan Jilk presented for review by Council an application to the Dakota County Housing and Redevelopment Authority to issue a multi- family revenue bond for assistance in financing a proposed 36 unit apartment complex to be located between 145th Street West and Dodd Boulevard and adjacent to Cimarron Avenue. Jilk advised the Dakota County HRA submitted the information to the city for comment by the City Council; but based on the limited amount of time to review the application and the limited amount of information concerning the project, staff could not comment or make recommendations to council concerning the application. See Clerk's File 1990 -1. MOTION by Napper to advise the Dakota County HRA, the city council cannot comment favorably or unfavorably on the application until the city is able to review further information on the developer and the project itself. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Motion carried. Administrator Stephan Jilk requested comments and input regarding the 1990 Legislative Issues Statements developed by city and county administrators. Jilk advised the position statements represent issues the cities and Dakota County as a whole will present as a 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1990 legislative package to Dakota County state legislators at a breakfast meeting on February 2, 1990. See Clerk's File 1990- 1. Council Member Harry Willcox informed Council of his recent meeting with Jerry Lovell of Peoples Natural Gas regarding Lovell's request to discuss with Council his company's concerns of the proposed service areas designated by the city for natural gas service by Minnegasco. Administrator Jilk reviewed discussions between Minnegasco officials and city staff regarding staff's direction to Minnegasco to begin operating under the legal guidelines of a franchise, and to limit the franchise to the farm tap services they currently serve without a franchise. Jilk further advised the Utilities Commission has taken the position to withhold recommendation for approval of this franchise to the City Council until the agreement for the service areas within the city is adopted and approved by the Utilities Commission. Jilk agreed Peoples Natural Gas should have the opportunity to express to Council their concerns regarding this proposed franchise and recommended this be accomplished when Council reviews the Minnegasco franchise for adoption. Administrator Jilk advised the goals and objectives session for Council and department heads will be held at the Marriott Courtyard, from 3:00 p.m. to 10:00 p.m., on January 30, 1990. Administrator Jilk recommended the department head presentations to council be scheduled for the February 20, 1990 Council meeting. Council agreed with the administrator's recommendation that a goals and objective session and department head presentations be an annual event. MOTION by Wippermann to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTEST: Step :n Jilk Administrator Published this o?5 day of Llimm 4 1990 in Dakota County Tribune. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1990 Respectfully submitted, Susan M. Johnson, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 16, 1990 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 16, 1990, at 7:30 p.m., in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough and Klassen present. Council Member Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 6(b) Meeting Notice -Land Use /Retail Market Study Presentation. Community Development Director Dean Johnson provided a brief summary of events involving the six cities of Apple Valley, Burnsville, Eagan, Prior Lake, Savage and Rosemount, who collectively submitted an application to the Regional Transit Board to opt out from the Metropolitan Transit System. Johnson advised Council will be requested at the next regular council meeting to consider a Joint Powers Agreement which would establish a transit authority among the six cities. See Clerk's File 1990 -2. MOTION by Oxb.prough to approve the Consent Agenda as presented. SECOND by Willcox. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Motion carried. See Clerk's File 1990 -2. Community Development Director Dean Johnson recommended that Council consider rescinding Resolution 1989 -115, adopted on December 5, 1989, which approved a refund program of Service Availability Charge (S.A.C.) fees collected by the Metropolitan Waste Control Commission from 1973 to 1987. Johnson advised there was a misunderstanding of the options available to the city through the Metropolitan Waste Control Commission's refund policy. Johnson learned the city does not have to refund any of the S.A.C. fees, and the current owner of property where S.A.C. fees have been paid would receive a full credit when that property is hooked up to the city's sanitary sewer system. Council expressed concerns that property owners would not have the option to choose whether they would want a refund now or a full credit when they hooked up to the system and that the Metropolitan Waste Control Commission could amend their present Service Availability Charge refund program at any time. After further discussion, it was the general consensus of the council that not refunding the S.A.C. fees would be the maximum benefit to the affected property owners since the possibility existed for future municipal service to certain areas, and the value of the S.A.C. fee credit would inflate over the years. See Clerk's File 1990 -2. MOTION by Napper to adopt A RESOLUTION RESCINDING CITY OF ROSEMOUNT RESOLUTION 1989 -115, REGARDING SERVICE AVAILABILITY CHARGE (SAC) REFUNDS. SECOND by Willcox. Ayes: Napper, Oxborough, Willcox. Nays: Klassen. Motion carried. Council reviewed a tentative site plan of a 36 -unit multiple family housing development to be located between 145th Street and Dodd Boulevard. The City Council at the January 2, 1990 Council meeting had reserved comment on the developers' application to the Dakota County Housing and Redevelopment Authority for financial assistance ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 16, 1990 since the city staff had received limited information at that time about the project. Community Development Director Dean Johnson advised that after meeting with the developers and further review of the project, he supported the project at this time. See Clerk's File 1990 -2. Michael Conlan, one of the partners of Rosemount Townhouses Partnership, presented a rendering of the project and answered questions from council regarding different aspects of the project. MOTION by Napper to endorse the townhouse project and to encourage the developers to pursue their application for financial assistance from the Dakota County Housing and Redevelopment Authority. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Motion carried. Administrator Stephan Jilk presented the current lists of committee members for the Armory Committee and the Town Green Committee and requested that Council consider re- appointment of all the current members as directed by Council at the January 2, 1990 Regular Council Meeting. The administrator recommended that Parks Recreation Director David Bechtold be appointed to serve on the Town Green Committee. Jilk advised this appointment would allow the Parks Recreation Director to coordinate all activities and information regarding the committee's research, discussion and decision making process for city staff. Council Member Willcox indicated his interest in serving on the Armory Committee. See Clerk's File 1990- 2. MOTION by Napper to approve the current list of Town Green Committee members as submitted and to appoint Parks Recreation Director David Bechtold to the Town Green Committee. SECOND by Willcox. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. Motion carried. MOTION by Napper to approve the current list of Armory Committee members as presented and to appoint Harry Willcox to the Armory Committee. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Motion carried. Administrator Stephan Jilk reviewed with Council the second draft of legislative position papers prepared by the Dakota County Administrators for presentation to area legislators at a breakfast meeting on February 2, 1990. Jilk specifically reviewed the revisions made to the legislative packet when the various administrators met to provide input and feedback from their individual city councils and staff members. See Clerk's File 1990- 2. MOTION by Willcox to adopt the legislative position statements as presented with the revisions. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. City Engineer Rich Hefti presented for Council consideration the plans and specifications for the construction of Pumphouse #8. Hefti advised the Utilities Commission approved the plans subject to minor 2 revisions. Hefti recommended setting a bid opening date of February 16, 1990, at 10:00 a.m. See Clerk's File 1990 -2. MOTION by Napper to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, PUMPHOUSE 48, PROJECT 182.1. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Motion carried. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. ATTEST 3 Respectfully submitted, Susan M. Jo nson, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 16, 1990 Stephan Jilk, `_ty Administrator Published this /b day of 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 1990 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 6, 1990, at 7:30 p.m., in the Council Chambers of the City Hall. Acting Mayor John Oxborough called the meeting to order with Council Members Willcox and Klassen present. Mayor Napper and Council Member Wippermann were absent. Acting Mayor Oxborough led the group in the Pledge of Allegiance. The agenda was amended to include Item 8(a) City Council Seminars and Item 10 League of Minnesota Cities Legislative Conference. MOTION by Willcox to approve the Consent Agenda subject to changing the personal pronoun of his to his /her in the format for agreement for engineering services and correcting Paragraph 7, Page 1 of the minutes of the January 16, 1990 Regular Council Meeting to include that concerns were expressed by Council that the Metropolitan Waste Control Commission could amend their present Service Availability Charge refund program at any time. SECOND by Klassen. Ayes: Willcox, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -3. 1 Fire Chief Scott Aker requested Council ratification of the fire department election results as follows: Fire Chief for a two year term, Scott Aker; Assistant Fire Chief for a one year term, John Strese; and Secretary for a one year term, Robert Tabery. City Administrator Stephan Jilk felt the newly established policy for the screening and interviewing of fire department officer candidates had worked very well and hoped the fire department members found the new policy to be satisfactory and compatible in their election of officers process. See Clerk's File 1990 -3. MOTION by Oxborough to ratify the election results for fire chief, assistant fire chief and secretary. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox. Nays: 0. Council reviewed the Sachs Kassube Addition Final Plat which consists of approximately seven acres of property located one half mile west of the intersection of County Road 42 and Trunk Highway 52. City Planner Michael Wozniak noted the platting would allow Rollie Sachs and Gary Kassube to enlarge their existing lots to approximately 1.8 acres in size. Wozniak further advised a home is located on each of the proposed lots, and no new building lots could be created from the subdivision. The Planning Commission recommended approval of the Final Plat at its January 9, 1990 meeting. See Clerk's File 1990 -3. MOTION by Klassen to adopt A RESOLUTION APPROVING THE SACHS AND KASSUBE ADDITION. SECOND by Oxborough. Ayes: Klassen, Willcox, Oxborough. Nays: 0. Council reviewed the transit joint powers agreement by and between the cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage. City Administrator Stephan Jilk advised the agreement would formally establish the Minnesota Valley Transit Authority as part of the continuing process of the six cities creating local control for a local transit system. Administrator Jilk explained how the staff representatives of the six cities established the make up of the board of commissioners to insure equitable representation for each of the six cities involved. Administrator Jilk recommended that Council approve the appointment of Council Member Sheila Klassen to the board of commissioners of the Minnesota Valley Transit Authority and the City Administrator as the city's alternate commissioner. See Clerk's File 1990 -3. MOTION by Willcox to adopt A RESOLUTION ADOPTING A SIX -CITY JOINT POWERS AGREEMENT ESTABLISHING A SIX CITY TRANSIT AUTHORITY. SECOND by Klassen. Ayes: Willcox, Oxborough, Klassen. Nays: 0. MOTION by Willcox to appoint Sheila Klassen to the Minnesota Valley Transit Authority Board of Commissioners and to appoint the City Administrator as alternate commissioner. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 1990 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 1990 Acting Mayor Oxborough suspended the regular agenda to open the public hearing scheduled at this time to consider a rezoning request from Hans Abrahamsen. The administrator presented for the record the Affidavit of Mailed and Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1990 -3. City Planner Michael Wozniak advised the petitioner has requested the city to rezone two parcels of land totalling 110 acres from Ag Agriculture to AG -P Agriculture Preserve. Wozniak informed Council of the Planning Commission's recommendation for approval of the Hans Abrahamsen rezoning petition which would allow the petitioner to enroll his two parcels of land into the Metropolitan Agricultural Preserve Program. Council agreed to postpone taking action on the petition until a four fifths representation of council could be present. MOTION by Klassen to close the public hearing. SECOND by Willcox. Ayes: Klassen, Willcox, Oxborough. Nays: 0. Regular agenda discussion resumed at this time. Discussion was held on the Draft Environmental Impact Statement currently being considered by the City of Apple Valley for an 1,438 acre sand and gravel mining proposal to be located south of County Road 42 and east of Galaxie Avenue and bordering the west boundary of Rosemount. City Planner Michael Wozniak reviewed with Council several issues associated with the proposal and recommended written comments from the city regarding these issues. The Council concurred written comments to the City of Apple Valley should include that truck traffic associated with the proposal be restricted to state aid highways, that the future alignment of Diamond Path be recognized in the Environmental Impact Statement, that wind break plantings of evergreen trees be established abutting the future Diamond Path alignment to help reduce the impact of airborne dust and that design criteria for the proposed berm abutting the Rosemount boundary match those criteria for berms to be constructed abutting residential areas in Apple Valley and Lakeville. See Clerk's File 1990 -3. MOTION by Willcox to approve the written comments prepared by city staff to the Draft Environmental Impact Statement for a sand and gravel mining proposal in Apple Valley and to send these comments to the City of Apple Valley. SECOND by Klassen. Ayes: Willcox, Oxborough, Klassen. Nays: 0. Economic Development Specialist Tracie Pechonick presented for discussion a request from Donald and Michael Hinz for the city to sponsor a recycling grant application to the Metropolitan Council for the purpose of subsidizing the acquisition of equipment for the operation of a construction recycling facility. Pechonick advised the Hinzes have proposed to purchase and rehabilitate a building located at 13135 Doyle Path which would house the machinery necessary to process and recycle waste from construction and 1 a ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 1990 demolition sites. Donald and Michael Hinz reviewed their proposed recycling operation with Council. Hinzes advised this project significantly reduce the amount of materials going into sanitary landfills. Council indicated their support of the project and their interest in sponsoring the recycling grant on behalf of the Hinzes. See Clerk's File 1990 -3. MOTION by Oxborough to authorize expending $6,000 for the senior citizens high rise program for 1990. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox. Nays: 0. See Clerk's File 1990- 3 Council Member Klassen provided a brief overview of the Newly Elected Officials Conference and the Elected Officials Conference Council Member Willcox and she recently attended. Klassen advised she came away from the workshops feeling the city's concentration on community involvement is very good and commended the city staff for their role in developing these important strengths. City Administrator Stephan Jilk presented for Council consideration a public statement as the city's position on the Draft Environmental Impact Statement for the proposed Dakota County waste to energy facility. Jilk advised on February 12, 1990 the Metropolitan Council staff will conduct a public hearing to receive comment regarding the DEIS and associated technical reports. The administrator recommended the public statement issued by the city should acknowledge review of the documents and only accept the DEIS for what it is. Jilk noted the city staff does not have the expertise to comment on its validity, and there are various state and federal agencies qualified to determine its accuracy and adequacy. Council concurred with the context of this environmental impact statement but additionally requested a comment be included that the recent events of the high levels of mercury from the Hennepin County Waste to Energy Facility be considered in the Dakota County facility's EIS. See Clerk's File 1990 -3. MOTION by Willcox to accept the Draft Environmental Impact Statement of the proposed Dakota County Waste to Energy facility and to forward to the Metropolitan Council the Environmental Impact Statement prepared by the city administrator with the added comments concerning the emissions of high levels of mercury from the Hennepin County Waste to Energy facility. SECOND by Klassen. Ayes: Klassen, Willcox, Oxborough. Nays: 0 City Administrator Jilk presented information on the League of Minnesota Cities Legislative Conference scheduled for March 14, 1990. MOTION by Willcox to adjourn. SECOND by Klassen. Ayes: 3. Nays: 0. ATTEST: epha /Jilk, As nistrator 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 1990 Respectfully submitted, Susan M. Johnson, City Clerk Published this sr day of 7 t/u 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 1990 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 20, 1999, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 4(q) Approve Staff Attendance at Annual Parks Recreation Convention; Item 4(j) Adopt Resolution Regarding the DEIS of the Dakota County Waste to Energy Facility; Item 8(f) Accept Rollan Hoke Resignation from HRA Commission; Item 8(g) Recommendation for Settlement of Assessment Appeal /Hawkins Pond Project. City Clerk Susan Johnson made two minor typographical corrections in the resolutions for Item 4(h) and 4(1), and Council Member Willcox requested that Item 4(f) Authorize Purchase of Computer /Approve State Aid Cost Sharing Agreement be discussed under New Business as Item 8(h). City Clerk Susan Johnson addressed her memorandum regarding a request from the representatives of Camp Courage Wagon Train to stop in Rosemount for approximately one and one -half hours for lunch on June 18, 1990. Johnson reviewed the week long itinerary of the wagon train and the participation required by the city staff to accommodate the wagon train riders and horses. Trail Bosses of the 1990 Camp Courage Wagon Train were present and answered questions from Council. Council expressed their unanimous support of the wagon train coming to the city and their fund raising activities for Camp Courage. See Clerk's File 1990 -4. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 1990 MOTION by Napper to approve the Consent Agenda subject to the corrections previously noted. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. City Administrator Stephan Jilk reviewed the February 8, 1990 meeting of the Town Green Ad Hoc Committee when it met with city department heads to review and discuss the committee's accomplished tasks to date and to discuss the planning, financing and other city projects or plans which may relate to the Town Green project. Jilk advised a consensus was reached at this meeting that an outside landscape, architectural design /planning services would be necessary and the planning /design process should include areas designated for the Town Green Project as well as those areas designated for future use or already functioning as city open space and park uses. Council Member Klassen, a member of the Town Green Ad Hoc Committee, reported on the Parks Recreation Committee action taken at its February 19, 1990 meeting for approval of a portion of Erickson Park to be designated for the Town Green project. Administrator Jilk requested Council approval to direct staff to proceed to investigate alternative methods of acquiring landscape or architectural services for the project and the associated costs for acquiring these services. Jilk advised costs would not be expended for this investigation except for the time allocated by city staff. See Clerk's File 1990 -4. MOTION by KLASSEN to direct city staff to investigate the three options, stated in the administrator's memorandum, for acquiring the architectural services and financial ramifications for them and to report back to Council. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Mayor Napper opened the public hearing scheduled for this time to consider adoption of a resolution that would create the Rosemount Economic Development Authority (EDA). The city administrator presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1990 -4. Economic Development Specialist Tracie Pechonick provided a summary of the powers granted to the Economic Development Authority as authorized by Minnesota Statutes, the membership and appointment process of the EDA Commission and the transfer of all the existing projects of the Rosemount Housing and Redevelopment Authority to the Rosemount Economic Development Authority. Consultant Dan O'Neill of Public Financial Systems reviewed the advantages and reasons for recommending the change, and City Attorney Roger Knutson reviewed the statutory membership requirements. Council concurred the initial appointment of Mayor Napper to the commission would provide the assurance that future mayors would have the option of serving as one of the two council member representatives on the commission. See Clerk's File 1990 -4. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: 5. Nays: 0. MOTION by Napper to adopt A RESOLUTION ESTABLISHING THE ROSEMOUNT ECONOMIC DEVELOPMENT AUTHORITY. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to recess the Council meeting to allow the first meeting of the Rosemount Economic Development Authority. SECOND by Klassen. Ayes: 5. Nays: 0. The City Council Meeting reconvened at this time. MOTION by Napper to adopt A RESOLUTION CALLING A PUBLIC HEARING ON THE DESIGNATION OF DEVELOPMENT DISTRICT NUMBER 1 AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NUMBER 1 -1. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Sanford Sackter requested the City Council to reconsider his request for an appeal of the Planning Commission's denial of the Rose Cliff Landscape Nursery proposal. Sackter stated he felt the Planning Commission made an arbitrary decision when it attempted to interpret the intent of the definition of a landscape nursery and commercial greenhouse when the site plan for the proposed nursery was reviewed by the Planning Commission on October 24, 1990. Council concurred with the previous action taken by City Council on December 19, 1989 to deny the request for an appeal on the basis that there was no appeal process in place under the previous zoning ordinance before it was amended by City Council on December 5, 1989. Council further concurred Sackter should resubmit his application for Rose Cliff Landscape Nursery site plan review under the amended Zoning Ordinance. See Clerk's File 1990 -4. MOTION by Wippermann to deny the request from Sanford Sackter for an appeal of the October 24, 1989 Planning Commission action on the Rose Cliff Landscape Nursery, on the basis that the City Council has no legal authority to consider an appeal. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Economic Development Specialist Tracie Pechonick presented for Council approval a Construction Recovery Facility Agreement between the City and Construction Recovery Systems. Approval of the agreement would allow the City to serve as the sponsor of a recycling grant application to the Metropolitan Council on behalf of Construction Recovery Systems for grant funds to subsidize a construction recycling facility. A request was made from the Council for staff to contact Construction Recovery Systems and Knutson Rubbish to enter into a feasible agreement where Knutson Rubbish would transport residential construction and demolition waste to Construction Recovery Systems for processing and recycling. See Clerk's File 1990 -4. MOTION by Napper to approve the Construction Recovery Facility Agreement and to approve the recycling grant application and to forward it to the Metropolitan Council. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 1990 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 1990 Council discussed the action necessary to approve the petition received from Hans Abrahamsen to rezone two parcels of land totalling 110 acres from AG Agriculture to AG -P Agriculture Preserve. Action was tabled from the public hearing held on February 6, 1990 because there was not a four- fifths representation of Council at the hearing. See Clerk's File 1990 -4. MOTION by Wippermann to adopt ORDINANCE B -2, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. At this time the following department heads presented their annual reports to the City Council for their respective departments: Dean Johnson, Director of Community Development; Don Darling, Director of Finance; Fire Chief Scott Aker, Rosemount Volunteer Fire Department; David Bechtold, Director of Parks Recreation; Police Chief James States, Police Department; Richard Hefti, City Engineer and Director of Public Works; and Stephan Jilk, City Administrator, Administration Department. See Clerk's File 1990 -4. Following the presentation, Council thanked the staff members for their thorough and informative reports. A recommendation was made from Council to conduct an assessment to determine the efficiency and utilization of the present city staff and to determine future staffing needs. A consensus was reached by Council to request the city administrator to report back to Council as to the merits of such a project; and if such a project was to be undertaken, a recommendation from the administrator as to the appropriate schedule for such a project as well as cost information. By unanimous consent a ten minute recess was called with the meeting reconvening at 10:45 p.m. Council Member Willcox presented for Council consideration a draft resolution requesting the Minnesota Environmental Quality Board (EQB)to insure that certain items be considered in the Environmental Impact Statement (EIS) for the Dakota County waste to energy facility. The draft resolution requested the Metropolitan Council to revise the Draft Environmental Impact Statement (DEIS) to specifically broaden the study of alternatives to solid waste abatement and to conduct a cost comparison of the alternatives and the proposed waste to energy facility. The draft resolution further requested the Metropolitan Council to review all the data available regarding the chemicals referenced in Minnesota Pollution Control Agency letter dated February 1, 1989. See Clerk's File 1990 -4. Dakota County Staff Member Barry Shady, representing the Dakota County Resource Recovery Project, encouraged the City Council to submit their comments on the DEIS advising the comment period is opened until the end of the month. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 1990 Discussion followed regarding the appropriate process for submitting the resolution to the EQB and the Metropolitan Council with Council concurring it would be sufficient to address the resolution to the Metropolitan Council and to send a copy with a letter to the director of the EQB. MOTION by Willcox to adopt A RESOLUTION REQUESTING THAT THE METROPOLITAN COUNCIL INSURE CERTAIN ITEMS BE CONSIDERED IN THE ENVIRONMENTAL IMPACT STATEMENT FOR DAKOTA COUNTY WASTE TO ENERGY FACILITY. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Mayor Napper presented an overview of his tour of Agripost, a composting facility located in Dade County, Florida. Mayor Napper advised the composting facility was still in experimental stages. Napper felt the facility could be an excellent method of composting in future years, but was not ready as a viable alternative to a waste to energy facility at this time. See Clerk's File 1990 -4. City Administrator Stephan Jilk presented a letter of resignation from Police Chief James States effective July 7, 1990. The administrator requested Council authorization to begin the process necessary to replace Chief Staats. See Clerk's File 1990 -4. MOTION by Napper to regretfully accept the resignation received from Police Chief Staats effective July 7, 1990. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to authorized the city administrator to begin the replacement process as outlined in the city administrator's memorandum dated February 16, 1990. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Council Member Oxborough left the Council Meeting at this time. City Clerk Susan Johnson presented for Council consideration a dental insurance program for non -union full -time employees. Johnson recommended the city entered a contract with Delta Dental effective March 1, 1990. See Clerk's File 1990 -4. MOTION by Napper to approve the dental program for non -union full time employees and to authorize the necessary signatures on the contract between the City and Delta Dental. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper. Nays: 0. Parks Recreation Director David Bechtold informed Council of a recent meeting he attended at which he was advised by Dakota County staff members that the 1990 funds designated by the county for the bike trail on County Road 42 between Trunk Highway 3 and Diamond Path would be removed from the county budget unless the City supported a trail system in this area. Bechtold recommended the City Council request construction of a bike trail on the north side of CR42, between TH3 and Diamond Path and erection of a fence along this area between the trail and adjacent properties. Bechtold further noted the city staff recommended the City be responsible 1 for construction of a trail on the south side of CR42 to compliment the north side section. See Clerk's File 1990 -4. MOTION by Napper to request the county to construct the bike way section on the north side of County Road 42 between Trunk Highway 3 and Diamond Path and to request the county to construct a fence in this section between the bike way trail and the adjacent properties. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: 0. City Engineer Richard Hefti presented for Council approval the bids received and opened on February 16, 1990 for the construction of Well Pumphouse #8. Council concurred to award the bid to the lowest responsible bidder, Richmar Construction in the amount of $204,560. See Clerk's File 1990 -4. MOTION by Napper to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON CONSTRUCTION OF WELL PUMPHOUSE NO. 8, CITY PROJECT NO. 182.1. SECOND by Willcox. Ayes: Wippermann, Napper, Klassen, Willcox. Nays: 0. The City Council reviewed the recommendations from Building Official Ron Wasmund regarding the remodelling of a portion of the police department in order to provide additional space for administrative staff. Administrator Jilk advised the public works staff would do the demolition, painting and staining and disposal of construction debris which allowed a low bid of $9,860. See Clerk's File 1990 -4. MOTION by Willcox to award the city remodelling contract to Dosco /Johnson in the amount of $9,860 and to approve utilizing the public works department for the demolition, painting and sealing and disposal of construction debris. SECOND by Napper. Ayes: Napper, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to authorize the purchase of a dump box and hydraulics hoist from Midland Equipment in the amount of $7,968. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, Napper. Nays: 0. See Clerk's File 1990 -4. MOTION by Napper to authorize the purchase of a snowplow and wing from Crysteel Truck Equipment in the amount of $13,230. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: 0. See Clerk's File 1990 -4. MOTION by Napper to designate the apparatus bay as the smoking section of the fire station. SECOND by Klassen. Ayes: Wippermann, Napper, Klassen, Willcox. Nays: 0. See Clerk's File 1990 -4. MOTION by Wippermann to donate $200 to the 1990 Rosemount High School senior class party. SECOND by Willcox. Ayes: Napper, Klassen, Willcox, Wippermann. Nays: 0. City Engineer Richard Hefti presented for Council adoption a resolution requesting a variance from state aid standards for proposed construction along 145th Street between Cameo Avenue 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 1990 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 1990 and Chippendale Avenue. Hefti advised that during the preparation of the feasibility report it was found that the existing width of this section does not meet minimum requirements of state aid standards. The city engineering consultants and city engineer concurred it would not be feasible to widen this section. See Clerk's File 1990 -4. MOTION by Wippermann to adopt A RESOLUTION REQUESTING VARIANCE FROM STATE AID STREET DESIGN STANDARDS. SECOND by Napper. Ayes: Klassen, Willcox, Wippermann, Napper. Nays: 0. City Administrator Stephan Jilk presented for Council discussion the concept of forming a citizens committee to provide input and advise to the city staff and the consultant regarding the city facilities study. Jilk advised the architectural firm of Boarman and Associates is completing the first phase of their work which was to assess and document all current facility uses and needs for current city staff and operations. The second and third phases will be to evaluate future needs based upon expected community growth and associated staff and facility needs over the next ten years as well as the associated costs for fulfilling the facility and location needs. Jilk reviewed the general charges and membership of the citizens committee and the responsibility of the Council Members to solicit and recommend members to the committee. See Clerk's File 1990 -4. MOTION by Napper to concur with the administrator's recommendations with regards to the city facilities study and to request Council to provide committee membership recommendations at the March 20, 1990 Regular Council Meeting. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: 0. MOTION by Napper to accept Rollan Hoke's resignation from the Rosemount Housing and Redevelopment Authority and to review recommendations for this vacancy on the Rosemount Economic Development Authority at the March 20, 1990 Regular Council Meeting. SECOND by Willcox. Ayes: Wippermann, Napper, Klassen, Willcox. Nays: 0. See Clerk's File 1990 -4. Council reviewed a settlement agreement between the City and John and Joan Hawkins who had filed a notice of appeal for the special assessments against their property for City Project 176. See Clerk's File 1990 -4. MOTION by Willcox to accept the settlement agreement between the City of Rosemount and John and Joan Hawkins for City Project 176. SECOND by Wippermann. Ayes: Napper, Klassen, Willcox, Wippermann. Nays: 0. Council reviewed a request from the city engineer to purchase a computer and miscellaneous hardware and software necessary to be compatible with the state aid division of the Minnesota Department of Transportation computer reporting system. The city engineer also requested Council approve funds to upgrade the monitor and to purchase a microprocessor that will run a computer -aided drafting program for the engineering technicians in the public works and parks departments. Following discussion, Council concurred the 7 city engineer should investigate purchasing the more sophisticated software package for the computer -aided drafting program rather than the generic version. See Clerk's File 1990 -4. MOTION by Willcox to approve the purchase of computer hardware and to approve the Minnesota Department of Transportation agreement for reimbursement. SECOND by Napper. Ayes: Klassen, Willcox, Wippermann, Napper. Nays: 0. Mayor Napper proclaimed the week of March 4 11, 1990 as Volunteers of America Week in the City of Rosemount. See Clerk's File 1990 -4. City Administrator Stephan Jilk provided a brief overview of a county wide board of review process recently proposed by the Dakota County Assessor's Office. Jilk advised the new procedure would eliminate the involvement of local governments and provide a more structured and efficient method of allowing taxpayers to meet with county assessors regarding their property valuations. See Clerk's File 1990 -4. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. A Respectfully su'mitted, Susan M. Johnson, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 1990 Steppian Jilk, Administrator Published this /5 day of 2/4/16)1„. 1990 in Dakota County Tribune. 8 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 1990 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 6, 1990, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended as follows: Item 4(i) Partial Payment for Water Tower; Item 5(a) American Legion Addition Discussion; Item 5(b) Approve Survey Work /General Engineering Costs for Dodd Boulevard Bike Trail; Item 7(d) Burn Moratorium Amendment; and Item 7(e) Hazardous Waste Disposal were added to the agenda. Consent Agenda Item 4(d) Set Hearing Date Sign Ordinance; Item 4(e) Accept Fire Department Resignations; and Item 4(f) Approve Specs for New Front End Loader were moved to Old Business for discussion. Council concurred the last sentence of the second paragraph on page 4 of the Minutes of the February 20, 1990 Regular Council Meeting should be changed to read as follows: A consensus was reached by Council to request the city administrator to report back to Council as to the merits of such a project; and if such a project was to be undertaken, a recommendation from the administrator as to the appropriate schedule for such a project as well as cost information. MOTION by Napper to approve the Consent Agenda subject to an amendment to the minutes of the February 20, 1990 Regular Council Meeting. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Council Member Oxborough commented on the success of the March 4, 1990 American Legion Open House for their recently completed new addition and expansion project. Council Member Oxborough thanked city staff for their cooperation and service on this project and also their attendance at the open house. Parks Recreation Director David Bechtold requested Council approval to authorize an expenditure not to exceed $4,100.00 for general survey and engineering work for bike trail construction on the south side of Dodd Boulevard for approximately 150 to 200 feet west of Chippendale Avenue. Bechtold advised this amount represented an estimated price from the consultants and any additional costs would be considered by Council. Bechtold further advised preparation of the plans and specifications at this time could allow this project to be included with the 145th Street Reconstruction Project which will provide a cost savings to the city. See Clerk's File 1990 -5. MOTION by Wippermann to authorize expenditures in the amount of $4,100.00 for the purpose of planning and surveying for the construction of a bike trail along the south side of Dodd Boulevard. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 1990 City Planner Michael Wozniak requested the City Council to set a public hearing date of March 20, 1990, at 8:00 p.m., or as soon thereafter as possible, to consider an amendment to the zoning ordinance regarding sign provisions. Wozniak advised the proposed amendment is the result of staff working together with a committee of business owners. A concern was expressed from the Council that residents who are not business owners did not have the opportunity to provide input on the sign ordinance amendment. It was suggested the committee review the sign ordinance revisions again, with non business owner residents providing input, or that an advertisement be placed in the local newspapers to assure that all interested citizens are aware of the public hearing. Discussion followed with Council reaching a consensus that the process should not be changed at this point in time, and a paid advertisement would not be appropriate. Council further concurred it would be appropriate to try to encourage the editors of the local newspapers to do an article on the upcoming public hearing. See Clerk's File 1990 -5. MOTION by Napper to set a public hearing date on March 20, 1990, at 8:00 p.m., or as soon thereafter as possible, to consider a rezoning text amendment with regards to the sign provisions of the Zoning Ordinance. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Fire Chief Scott Aker presented for Council ratification the resignations of Glen Uitdenbogerd and Tim Siebens from the Rosemount Volunteer Fire Department. The Fire Chief advised that although the two resignations are not a real detriment to the number of required members for the department, the recruitment of possibly four new members would bring the overall membership to a more suitable number. See Clerk's File 1990 -5. MOTION by Willcox to accept the resignations of Firefighters Tim Siebens and Glen Uitdenbogerd. SECOND by Napper. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Discussion was held on the specifications prepared by the public works department staff for a new front end loader. In review of the specifications, it was noted the specifications did not include specific requirements for Z -bar linkage which the city engineer advised would be an advantage over having two cylinders on each side of the bucket. City Engineer Hefti advised this requirement will be included in the specifications. See Clerk's File 1990 -5. MOTION by Willcox to approve the specification for a new front end loader and to authorize advertisement of bids with a bid opening date of April 6, 1990, at 10:00 a.m. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 1990 Mayor Napper opened the public hearing scheduled for this time to consider applications for on -sale and off -sale non intoxicating liquor licenses received from Brockway Golf Club, Inc. The city clerk presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1990 -5. City Clerk Susan Johnson advised the applications have met City Code requirements and recommended approval of the licenses. Arnold Moss, President of Brockway Golf Club, Inc. answered questions from the Council Members. See Clerk's File 1990 -5. There were no comments or concerns heard from the audience regarding the applications. MOTION by Willcox to close the public hearing. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Oxborough to grant an on -sale non intoxicating malt liquor license and an off -sale non intoxicating malt liquor license to Brockway Golf Club, Inc. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Jon Scott, Rosemount Firemen's Relief Association President, presented for Council ratification amendments to the relief association's Bylaws which were approved by the membership on January 23, 1990. Scott advised the elimination of the short term disability benefit was the result of the membership concurring the benefit was too expensive and potential liability was too great from a legal standpoint. See Clerk's File 1990 -5. MOTION by Napper to approve the Rosemount Firemen's Relief Association Bylaws amendments. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. City Engineer Rich Hefti presented for Council approval the plans and specifications for Chippendale Avenue Street Improvements, from 151st Street to 160th Street. Hefti advised one reason for considering improvements to Chippendale Avenue at this time is because the Minnesota Department of Transportation is proposing to reconstruct the bridge over Highway 3 south of County Road 42. Motorists would undoubtedly take 160th Street to Chippendale Avenue to County Road 42, which would quickly deteriorate the condition of the existing Chippendale Avenue. Hefti added this project would also include extending watermain down Chippendale to 160th Street. The city engineer recommended a bid opening on Friday, April 13, 1990, at 10:00 a.m. See Clerk's File 1990 -5. MOTION by Napper to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, CHIPPENDALE AVENUE STREET IMPROVEMENTS, PROJECT 191. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 1990 City Planner Michael Wozniak presented for approval Comprehensive Guide Plan Amendment #15 for the redesignation of 80 acres of property located west of Biscayne Avenue and north of 160th Street from Agriculture to General Industrial. See Clerk's File 1990 -5. MOTION by Napper to approve Comprehensive Guide Plan Amendment #15. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Council Member Willcox advised Council of H.F. 2444 presented to the House of Representatives from the Environment and Natural Resources Committee. The bill would require counties projected to use resource recovery facilities to recycle at least 35% of its waste and divert from the waste stream at least 35% of the heavy metal in the waste. The bill would also require the Pollution Control Agency to conduct studies to determine the need for resource recovery facilities and place a moratorium on issuance of permits for resource recovery facilities until the study is completed. The bill was amended to exclude Dakota County and Winona County. Council Member Willcox further advised he presented City Rosemount Resolution No. 1990 -17 to the House Members when he testified in support of this bill. Willcox also stated he learned the Governor's proposed budget contained a line item in the amount of approximately $7,000,000 designated for a hazardous waste site on University of Minnesota property in Rosemount. Following discussion, Council concurred to have City staff follow up on Bill H.F. 2444 and the hazardous waste site budget item and keep Council regularly informed. See Clerk's File 1990 -5. The Council Members agreed it would be appropriate for Council and City staff members to meet in the near future to address the items established at the recent goal setting session; and specifically those issues with regards to the Dakota County waste to energy facility, the University of Minnesota property and the Comprehensive Guide Plan. The city clerk was directed to have the city administrator, who was not present at this meeting, to update the City Council on the status of the priorities and the timeline for future meetings of the City Council and staff. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Respectfully submitted, Su an M. .1 "ohnson, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 1990 ATTEST: V ernon J. pper,'Mayor Published this c P day of Q/l(A/� 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS 5 REGULAR MEETING MARCH 20, 1990 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 20, 1990, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough and Klassen present. Council Member Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(c) Town Green; Item 9(d) Strese Pond; Item 9(e) Cope Letter; Item 9(f) Carrolls Woods; Item 10(b) 138th Street East and Item 10(c) Legal Services. City Engineer Rich Hefti and City Planner Michael Wozniak provided information on a Geographic Informational Systems which Dakota County is presently utilizing for updating their records. The staff members advised the city could tie into this system and have access to the county's information as well as input its own information. In April, 1990, staff will request Council approval to expend funds for Phase I of this system. See Clerk's File 1990- 6. Administrator Jilk provided an update regarding the hazardous materials response team which would represent and service cities and townships in Dakota County. Jilk advised Council will be presented the final joint powers agreement for approval once it is determined whether or not legislation will be enacted this session to have the State take on this responsibility and form regional hazardous material response teams. Mayor Napper opened the public hearing scheduled at this time to consider an amendment to Ordinance B Zoning Ordinance which would completely replace Section 10 of the Zoning Ordinance regarding sign provisions. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 1990 The city administrator presented for the record the Affidavit of Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1990 -6. Mayor Napper outlined the procedure for conducting the public hearing. Community Development Director Dean Johnson provided a brief background on the process in developing the proposed amendment regarding the sign provisions. Johnson advised Section 10 was not changed when the City Council took formal action in August, 1989 on the revised overall zoning ordinance because of input and concerns received from Rosemount Chamber of Commerce members. The City Council requested that City staff work with a committee of the Chamber to re- evaluate the sign provisions and resubmit them for consideration. As a result of the work by this committee, the members structured a compromised revision of Section 10. Johnson further advised the Planning Commission reviewed the proposed Section 10 at its February 13, 1990 meeting and recommended approval of the proposed sign provisions with one modification to the subsection regarding real estate signs. Johnson also referenced the letter received from the Rosemount Chamber of Commerce, dated March 13, 1990, which requested several changes to the proposed compromised amendment. See Clerk's File 1990 -6. Several business owners provided testimony in support of the requested changes outlined in the letter from the Rosemount Chamber of Commerce dated March 13, 1990. These business owners also voiced objections and concerns to various sections of the proposed amendment to the sign ordinance. See Clerk's File 1990 -6. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0 Council addressed the requested changes outlined in the letter received from the Chamber dated March 13, 1990. Council reached an agreement with regards to Item No. 1 and Item No. 4 and concurred further discussion was necessary on the other eight items. Council also addressed Sections 10 -1 -C, Subsections 13, 16, and 17 and concurred these items warranted further discussion. By unanimous consent of the Council Members, a special work session was scheduled for Tuesday, March 27, 1990, at 6:30 p.m. for the purpose of reviewing the sign ordinance revisions. Mayor Napper opened the public hearing scheduled at this time to consider the proposed assessments for Valley Oak Addition Replat, Phase IV Street Utility Improvements of 1989, City Project No. 196. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 1990 The city administrator presented for the record the Affidavit of Mailed and Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1990 -6. City Engineer Rich Hefti provided a summary of the scope of this project and reviewed the determination of the unit assessment amount and total assessment in the amount of $191,573.10. See Clerk's File 1990 -6. No objections or comments were received from the audience regarding this proposed assessment. MOTION by Napper to close the public hearing. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Napper to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, VALLEY OAK ADDITION REPLAT, PHASE IV STREET AND UTILITY IMPROVEMENTS, PROJECT NO. 196. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Mayor Napper opened the public hearing to consider the proposed assessments for O'Leary's Hills 4th Addition Street and Utility Improvements of 1988, City Project 184. The city administrator presented the Affidavit of Mailed and Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1990 -6. City Engineer Rich Hefti provided a brief summary of the scope of the project and reviewed the total cost, core facility costs, unit assessment amount and total assessment in the amount of $193,467.59. See Clerk's File 1990 -6. No objections or concerns were received from the audience. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. MOTION by Oxborough to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, O'LEARY'S HILLS 4TH ADDITION STREET UTILITY IMPROVEMENTS, PROJECT NO. 184. SECOND by Klassen. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Ron Jacobson, 3647 143rd Street West, addressed the City Council regarding recent trail development in Carrolls Woods. Jacobson referred to a document, dated March 20, 1990, which was received from several residents living adjacent to Carrolls Woods who are opposed to the trail development. Jacobson stated these concerns were discussed with the Parks and Recreation Committee on March 19, 1990 and felt the Committee also shared concerns regarding the preservation of this wooded area. Jacobson requested that the City Council direct the city attorney to determine the status of the grant contract and whether the city has violated any grant r 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 1990 contract, subsequent to grant approvals by the State, through development of Carrolls Woods. See Clerk's File 1990 -6. Parks and Recreation Director David Bechtold advised the Parks and Recreation Committee generally shared the concerns of the neighborhood committee and agreed to meet and work with this committee to further review these concerns. Bechtold further advised the Parks and Recreation Committee directed city staff to meet with the director of the state outdoor grants program to discuss the present status of the grant contract, to receive clarification on how to maintain Carrolls Woods as a preserve and to determine the proper process for meeting the conditions of the grant contract. Following discussion Council concurred that city staff should continue working with the Parks and Recreation Committee and the neighborhood committee. Council agreed that Item 4(h) Approve Specs /Authorized Ad for Bids, Tractor /Mower /Sweeper; Item 4(i) Authorize Feasibility Study for Diamond Path Improvements; Item 4(j) Approve Additional Cost for Electrical Work /Shannon Park Control Building and Item 4(k) Authorize Purchase of Fire Department Equipment, Hose Nozzles be removed from the Consent Agenda to New Business. MOTION by Napper to approve the Consent Agenda as amended. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. See Clerk's File 1990 -6. Economic Development Specialist Tracie Pechonick presented for Council approval the marketing materials submitted by the Rosemount Star City Committee. These materials included the Rosemount Star City logo /slogan, the format of the brochure and pocketfolder and the content of the brochure. Pechonick noted that Council Member Klassen had several suggested changes in the written content of the brochure and requested that all items except the written content be approved by Council. The Council Members unanimously consented to review the revised written content at the special meeting scheduled for March 27, 1990, at 8:00 p.m. Council Member Klassen abstained from participating in the approval process since her husband had submitted the recommended Star City slogan. Council Member Klassen noted she approved the logo and format of the brochure and pocketfolder. See Clerk's File 1990 -6. MOTION by Napper to approve the Rosemount Star City logo, slogan and the format of the brochure and pocketfolder. SECOND by Oxborough. Ayes: Oxborough, Willcox, Napper. Nays: 0. Abstain: Klassen. Discussion was held regarding the names submitted by Council for citizens to serve on the citizens committee in conjunction with the space /facilities needs study currently being completed. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 1990 Council concurred the city administrator should proceed to coordinate the first meeting between the committee members and the consultant even though only fifteen names were submitted rather than the requested thirty names. See Clerk's File 1990 -6. MOTION by Napper to approve the members as presented for the space /facilities needs study citizens committee. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. Council Member Klassen noted the Parks and Recreation Committee took formal action on March 19, 1990 designating a portion of Erickson Park in the Town Green Project rather than on February 19, 1990 as previously reported by Klassen. Fire Chief Scott Aker presented for Council approval the specifications for a new rescue truck and requested a bid opening on April 6, 1990, at 10:00 a.m. Aker advised the new rescue truck would replace the current 1978 model as the first rescue vehicle to medical calls. Assistant Fire Chief Jon Strese, Firefighter Don Corrigan and City Mechanic Dean Sandstrom, who assisted the committee in preparing the specifications, answered questions from Council. Following discussion, Council concurred any alternates not included in the bid proposals would not be significant in cost and could be negotiated and received as quotes at a future date. See Clerk's File 1990 -6. MOTION by Napper to approve the specifications for the fire department rescue truck and to authorize advertisement of bids with a bid opening on April 6, 1990, at 10:00 a.m. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Administrator Stephan Jilk advised Council of the recent meetings with Major General John Cox of the Minnesota Army Reserve National Guard concerning the possibility of locating a larger armory here than previously proposed by the Guard. The Guard has been working with the City of New Brighton for approximately two years for locating a 400 person armory for the 47th viking Division Headquarters, the 47th Viking Division Band Headquarters and the 47th Viking Division Military Police Headquarters. New Brighton officials for various reasons indicated to the Guard they did not want the armory built there, and Major General John Cox contacted the City to see if the City of Rosemount would consider the locating of the larger armory here at the already chosen armory site. Administrator Jilk presented information on cost and square footage on the proposed division armory headquarters and reviewed the facility components available for community use. The city administrator further advised the armory would be the second largest in the State, employ approximately 37 full time employees and the facility would be built in 1992 unless federal funding would be held up. Administrator Jilk requested that Council adopt a Resolution of Support for this project. See Clerk's File 1990- 6. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 1990 MOTION by Willcox to adopt 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 Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Council discussed the recommendation received from Parks and Recreation Director David Bechtold to hire a building trades person and to approve the job descriptions for the three levels of this position. Bechtold advised staff had previously planned to hire for this position this fall, but because of several projects in the parks department that should be completed this spring and summer, authorization is being requested from Council at this time. A general Maintenance I position scheduled to be filled at this time will be requested for approval in the fall. See Clerk's File 1990 -6. MOTION by Willcox to approve the advertisement of the Building Trades Person Level II and to approve the job descriptions for the three levels. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Council Member Willcox informed Council of his recent contact with Walt Strese regarding the accumulation of oil film and debris in the pond located on his property. City Engineer Rich Hefti reported on the investigation of the Dakota County Health Service Department which indicated the film looked like motor oil, but there was no evidence where the oil originated. Hefti advised his staff will monitor the pond and clean up the existing oil and debris. See Clerk's File 1990 -6. Council Member Willcox referred to a letter received from Arlyn Cope, 14717 Danville Avenue West, regarding his concern of motorists parking their cars on the grass area at Twin Puddles Pond. Willcox concurred with Cope's concerns that oil and petroleum distillates from the cars could cause potential environmental damage. City Engineer Rich Hefti and Parks and Recreation Director David Bechtold responded by recommending the construction of a gravel parking lot on the south side of Dodd Boulevard. Staff further recommended installing pedestrian crossing signs and painting a cross walk across Dodd Boulevard to assist pedestrians to the northern portion of the park area. See Clerk's File 1990 -6. City Engineer Rich Hefti presented for Council approval the specifications for a bituminous paver. Hefts advised funds were budgeted for crack sealing equipment, but after consideration by city staff, it was determined the bituminous paver would provide more benefit than the crack sealer. City Engineer Hefti advised the excess funds needed for the paver would be allocated from excess CIP funds. See Clerk's File 1990 -6. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 1990 MOTION by Willcox to approve the specifications for the bituminous paver and to authorize a bid opening for April 13, 1990, at 10:00 a.m. SECOND by Oxborough. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. Discussion was held regarding the recommendation from the city engineer to authorize a feasibility study in conjunction with Dakota County's proposal to reconstruct Diamond Path from just south of 145th Street to just north of Connemara Trail. Discussion ensued regarding bike trails and storm water construction. See Clerk's File 1990 -6. MOTION by Willcox to adopt A RESOLUTION ORDERING THE FEASIBILITY REPORT FOR DIAMOND PATH STREET IMPROVEMENTS, CITY PROJECT #212. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Parks and Recreation Director David Bechtold requested Council authorization to approve funds for the installation of an electrical control system for the Shannon Park irrigation project in an amount not to exceed $1,200.00. Council concurred that staff provide a financial report on the Shannon Park School /Park Construction Project. See Clerk's File 1990 -6. MOTION by Willcox to approve the electrical installation cost for the Shannon Park irrigation project in an amount not to exceed $1,200.00. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Klassen to approve the purchase of two automatic hose nozzles in the amount of $838.00 for the fire department. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Napper. See Clerk's File 1990 -6. Community Development Director Dean Johnson reviewed the city's involvement in a proposed program of activities in conjunction with Earth Day 1990 on April 22, 1990. Mayor Napper presented a resolution for Council consideration in support of Earth Day 1990 activities in Rosemount. See Clerk's File 1990 -6. MOTION by Napper to adopt A RESOLUTION DESIGNATING AND PROCLAIMING APRIL 22, 1990 EARTH DAY 1990. SECOND by Willcox. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. Mayor Napper reported on his contact with the Gilbert Kraft family, 2240 -138th Street East, regarding the City's position as to whether 138th Street East is an official city street or a private driveway. Council concurred city staff should investigate the status of this road and report back to Council. Following discussion regarding legal services for the city, a consensus was reached by Council that the city administrator prepare an outline of legal services needed and prepare a request for proposals for these services. 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 1990 City Administrator Stephan Jilk reported the city will participate at the Dakota County Business Expo '90 on May 1, 1990, at the Dakota County Technical College. See Clerk's File 1990 -6. City Administrator Stephan Jilk advised Council of the emergency evacuation exercise scheduled for May 16, 1990 at the nuclear power plant at Prairie Island in Red Wing, Minnesota. Police Chief Staats will be monitoring this exercise and will be involved as becomes necessary. See Clerk's File 1990 -6. City Administrator Stephan Jilk discussed the report from Decision Resources summarizing the process and outcome of the goal setting session with Council and Staff Members on January 30, 1990. Jilk recommended that Council and staff begin addressing the goals and objectives by formulating specific work plans as a means of implementing the general strategies set at the goal session. Council reviewed the proposed grouping of issues presented by the administrator and the proposed timetable for review of the goals. Council unanimously concurred with the administrator's proposals with the addition of the issue, taxes vs. service needs, to category IV. See Clerk's File 1990 -6. MOTION by Napper to approve the Decision Resources report in regards to the January 30, 1990 goal setting session. SECOND by Klassen. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Administrator Jilk advised that staff research has indicated that H.F. 2444, discussed by Council at the March 6, 1990 Regular Council Meeting, is a request for funds of approximately $7,500,000 to construct an integrated waste management facility near the University of Minnesota St. Paul campus and not on University of Minnesota property in Rosemount. Jilk further advised that some of the materials currently being stored in Rosemount would be transferred to this new facility if constructed. See Clerk's file 1990 -6. The administrator updated Council on bills being reviewed by the legislature regarding local government aid cuts, pay equity and tax increment financing. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 4. Nays: 0. Respec full s».b -ea) Susan M. oh son, City Clerk ATTES "Stephan Jilk, pity Administrator Published this day of 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 27, 1990 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 27, 1990, at 8:00 p.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough and Klassen present. Council Member Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper opened the public hearing scheduled at this time to consider the creation of a development program for proposed Development District Number 1 and a tax increment financing plan for Tax Increment Financing (Economic Development) District Number 1 -1. The city administrator presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1990 -7. Economic Development Specialist Tracie Pechonick reviewed the activities taken place to date since the creation of the Rosemount Economic Development Authority by city staff, the Economic Development Authority, the Planning Commission and the City Council. Pechonick briefly reviewed the boundaries of the proposed Tax Increment Financing District No. 1 -1. Staff Members Dean Johnson and Tracie Pechonick answered questions from Council as to why other areas of the city were not incorporated in the proposed district. City Attorney Roger Knutson and City Consultant Rusty Fifield addressed general questions from Council regarding the Development Program for Development District No. 1. See Clerk's File 1990 -7. Several citizens in the audience asked questions of clarification regarding the proposed district and development program. No objections were received from members of the audience. MOTION by Napper to close the public hearing. SECOND by Willcox. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. MOTION by Napper to adopt A RESOLUTION APPROVING DESIGNATION OF DEVELOPMENT DISTRICT NO. 1, A DEVELOPMENT PROGRAM FOR THE DISTRICT, AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1 -1. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Economic Development Specialist Tracie Pechonick presented for Council review and approval the final text revision for the Rosemount Star City marketing brochure. See Clerk's File 1990 -7. MOTION by Willcox to approve the text revision for the Rosemount Star City marketing brochure as amended. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. 1 MOTION by Napper to approve the First Amendment to the Joint Powers Agreement Establishing a Watershed Management Commission for the Vermillion River Watershed. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. See Clerk's File 1990 -7. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 27, 1990 Respectfully submitted, �-J Susan M. Johnson, City Clerk tephjn Jilk,' 'c"ity Administrator Published this /L4 day of 46 1990 in Dakota County 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 1990 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 3, 1990, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 4(n) Approve Fire Department Medical Leave; Item 4(o) Approve Fire Department Grievance Committee Membership; Item 5(e) Space Needs Citizens Committee Additional Membership; Item 5(f) MN Valley Transit Authority Discussion; Item 6(h) Tree Preservation Ordinance; Item 6(i) Mortgage Agreement Amendment, West Ridge 3rd Addition; and Item 7(a) EDA Staffing. City Planner Michael Wozniak presented information on a proposal from Parker Communications to construct four 360 -foot AM radio broadcast towers at a location on TH 55. The Planning Commission at its March 27, 1990 Regular Meeting recommended that Council set a public hearing to consider amendments to the text of the Zoning Ordinance to accommodate this proposal. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 1990 Wozniak noted the Council will consider setting a public hearing date on May 1, 1990, at 8:00 p.m., under the Consent Agenda for this meeting. Representatives from Parker Communications gave a brief background on the history of Parker Communications, location criteria, and potential benefits to the city if proposal is approved. See Clerk's File 1990 -8. Consent Agenda Items 4(e), 4(i) and 4(f) were moved for discussion under Old Business and became Items 5(g), 5(h) and 5(1) respectively. MOTION by Napper to approve the Consent Agenda with removal of Items 4(e), 4(i) and 4(f). SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -8. City Engineer Rich Hefts presented the bids received on March 30, 1990 for the purchase of a used 160 H.P. articulated four -wheel drive front end loader. The city engineer recommended purchasing a Caterpillar front end loader from Ziegler, Inc., advising the bids received on new equipment was well in excess of the amount budgeted. Hefts reviewed with Council the funds to be used for this purchase. See Clerk's File 1990 -8. MOTION by Oxborough to accept the bids and to award the contract to Ziegler, Inc. in the amount of $79,731.00 for the purchase of a used 950E Caterpillar. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Abstain: Wippermann. Discussion was held regarding the disposition of 138th Street West. Mayor Napper along with the consensus of Council had directed city staff to contact the Kraft Family who has experienced difficulty in closing on the property since it is a landlocked parcel. City Engineer Rich Hefti presented information to Council regarding his research on alternatives available to the city in its participation for defining the access to the landlocked parcel owned by the Kraft Family. Adam Kraft, who is attempting to purchase the farm from his mother, relayed to Council his difficulties in obtaining a clear title to this property. City Engineer Hefti advised that although the Village and City of Rosemount has provided various levels of maintenance work on the driveway over the years, the city attorney had rendered his opinion that the city is not obligated to accept the driveway as a public access. Following discussion by Council, Council concurred staff should contact the owner of the property where the driveway exists to determine this property owner's position on this issue. See Clerk's File 1990 -8. City Administrator Stephan Jilk recommended a request for proposal (RFP) be developed for the services of a professional landscape architectural firm in planning and designing the Town Green Project. Jilk advised the RFP would be designed to receive proposals for the designated Town Green Project area and the relationship of this project to other city projects and plans such 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 1990 as Erickson Park, armory site and Schwarz Pond Park. See Clerk's File 1990 -8. MOTION by Napper to direct staff to proceed to draft the RFP for the Town Green Project and related areas. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. A recess was called at 8:55 p.m. with the meeting reconvening at 9:00 p.m. City Planner Michael Wozniak presented for approval a Comprehensive Guide Plan Amendment redesignating Wensmann Fifth Addition from Agriculture to Medium Density Residential. The amendment would transfer 25 acres of property into the Municipal Urban Service Area (MUSA). Wozniak advised the Planning Commission recommended approval of Amendment #16. See Clerk's File 1990 -8. MOTION by Napper to approve Comprehensive Guide Plan Amendment #16. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. City Planner Michael Wozniak presented a Comprehensive Guide Plan Amendment submitted by L. H. Sowles, Inc. to redesignate from Agriculture to General Industrial 55 acres of property situated between CSAH 42 and CR 38 on the east side of TH 52. L. H. Sowles, Inc., a construction company which manages and operates tower cranes for high -rise construction, has proposed to develop approximately five acres of the property for an equipment storage and maintenance facility and to hold the remaining property for future development as an industrial park. Wozniak advised the Planning Commission deferred action on the application until the Comprehensive Guide Plan has been reviewed by Council at a future goal setting session. Current property owner Ed Dunn reviewed the proposal with Council. It was the consensus of Council that this matter be deferred until discussion on updating the Comprehensive Guide Plan is held at a workshop to be scheduled at this Council meeting. See Clerk's File 1990 -8. City Planner Wozniak advised that the Planning Commission at its February 13, 1990 Regular Meeting considered an application to amend the Comprehensive Guide Plan which had been submitted by Solberg Aggregate. The amendment would redesignate a ten acre parcel of property located immediately east of TH 52 and on the north side of CSAH 42 from Agriculture to General Industrial. Wozniak advised the Planning Commission deferred action on this application until the Council has completed the discussion on updating the Comprehensive Guide Plan at their goals and objectives workshop. Owner Bob Solberg requested Council's consideration to address the Solberg application in a timely manner. Council unanimously agreed table action until after the Comprehensive Guide Plan workshop. See Clerk's File 1990 -8. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 1990 City Engineer Rich Hefti reviewed with Council proposed street reconstruction policies for collector and local street projects. Hefti provided background on how the policies were derived, and he reviewed the proposed boundary lines to be used in determining assessment areas for street assessment projects. Hefti noted the policy is basically the assessment policy the city has used in the past but formalizing it would provide more consistency to future assessment projects. Council suggested a few changes for clarification purposes and requested that county road projects be included in the policy. Council concurred that residents should be invited, through a notice in the community newsletter, to a public meeting regarding this policy. Following further discussion, members of the Council also requested that staff pursue preparation of a sidewalk reconstruction policy and a formal assessment deferment policy. See Clerk's File 1990 -8. Consulting Engineer Bud Osmundson of OSM reviewed with Council the feasibility report for 145th Street Reconstruction Project No. 206. The engineer reviewed the sanitary sewer, watermain, storm drain, street, sidewalks /trails and street lighting necessary for the area, as well as the estimated costs and the assessment area. Engineer Osmundson and City Engineer Hefti answered several questions from the audience. Council requested the city engineer to pursue the cost for decorative lighting so residents in the assessment area can be informed of the additional cost. See Clerk's File 1990 -8. MOTION by Willcox to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT 1206, 145TH STREET RECONSTRUCTION UTILITIES AND STREET IMPROVEMENTS. SECOND by Napper. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. A recess was called at 11:00 p.m. with the meeting reconvening at 11:10 p.m. Discussion was held on a commission /committee policy prepared by City Administrator Jilk for selection of city commission and committee members. The city administrator summarized the results of a survey done by city staff on selection processes of surrounding cities. Jilk recommended a policy based on an application /interview process which would also include a commissioner's code and job description /qualifications for the various commissions. Council unanimously agreed with the administrator's recommendations and directed the administrator to prepare job descriptions for each of the city's commissions. See Clerk's File 1990 -8. Council Member Klassen advised it was agreed at a recent Minnesota Valley Transit Authority meeting that members would approach their cities' attorneys to determine if he /she would be interested in serving as legal counsel for the Minnesota Valley Transit Authority. Council Members were in agreement that Attorney Roger Knutson should continue his role as the attorney for the Minnesota ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 1990 Valley Transit Authority and that Attorney David Grannis should be made aware of this decision. MOTION by Klassen to approve the purchase of the hydraulic hose coupling machine. SECOND by Oxborough. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -8. MOTION by Willcox to approve the purchase of office furniture for the parks and recreation department in the amount of $3,651.00. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. See Clerk's File 1990- 8 Parks Recreation Director David Bechtold discussed the proposed nursery in Erickson Park and the funds and staff necessary for this project. Bechtold advised the nursery will begin with the planting of 5,000 trees which will be used for future landscaping and community projects in the City. See Clerk's File 1990 -8. MOTION by Wippermann to authorize the purchase of materials from Water Products Company for a water line in Erickson Park for an amount not to exceed $3,200.00. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Council reviewed a concept drawing of a proposed flower garden to be located west of the city hall parking lot and directly north of the Corcoran Hardware property. Parks Recreation Director David Bechtold advised parks department staff will assist Deanna Simpson, who laid out the plans for the flower garden. Bechtold assured Council that Deanna Simpson and city staff are aware of the possibility the flower garden could be altered or changed if the Town Green Project would develop. See Cleric's File 1990 -8. MOTION by Napper to authorize the flower garden to be located in the area next to city hall and to be designed as to include the immediate city hall site in its concept plan. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. City Engineer Rich Hefti presented for Council review the preliminary draft of the agreement between Dakota County, Dakota Electric Association and the City for cost sharing of aerial photography and stereo digitizing. Hefti requested Council's authorization to approve funds in the amount of $44,724.60 for the aerial photography, stereo digitizing and one -half section photographs. Hefti advised consideration has been given to purchase the future software and hardware for the total Geographical Information Systems (GIS) from Barr Engineering, which would save the City considerable money. See Clerk's File 1990 -8. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 1990 MOTION by Napper to authorize $44,724.60, budgeted in the 1990 C.I.P., to proceed with the aerial photography and stereo digitizing for the Geographical Information Systems. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Council Member Wippermann requested a consensus from Council to direct staff to investigate the merits of the City adopting a tree ordinance for the preservation of trees and the replacement of trees during development projects. Council unanimously supported this request. Administrator Stephan Jilk presented for Council approval an amendment to the Mortgage Agreement between the City and Rosemount Development Co. in regards to West Ridge Third Addition. The original Mortgage Agreement was in lieu of a letter of credit which the developer could not provide when the development contract for West Ridge Third Addition was executed. Jilk advised the amendment to the mortgage agreement set out the conditions the principal balance of the mortgage would decrease when special assessments are paid by the developer. See Clerk's File 1990 -8. MOTION by Napper to approve the Mortgage Agreement Amendment between the City of Rosemount and Rosemount Development Co. and to authorize the necessary signatures. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Council concurred an advertisement should be placed in the newspaper informing citizens of the vacancy on the EDA Board. Discussion was held regarding the proposed schedule for another sign ordinance workshop as well as several workshops on the goals and objectives established on January 30, 1990 by Council and city staff. Following discussion of the proposed dates, the city administrator advised he would furnish a revised schedule to Council and staff. See Clerk's File 1990 -8. Administrator Stephan Jilk presented his recommendations to cease the selection process for the position of Chief of Police /Emergency Services Director and to appoint Elliel (Lyle) Knutson to this position effective July 7, 1990. The administrator detailed Knutson's background and salary and benefit schedule for the position. See Clerk's File 1990 -8. MOTION by Oxborough to appoint Elliel Knutson as Chief of Police /Emergency Services Director effective July 7, 1990 and to approve the conditions of this appointment as set out in the city administrator's memorandum dated March 30, 1990. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Administrator Stephan Jilk updated Council on a meeting of the Community Facility /Armory Committee and architectural and financial representatives of the National Guard who reviewed the newly 6 proposed armory and how it would provide facility use and space for activities the committee has developed. Administrator Jilk also presented a bill Representative Dennis Ozment drafted and introduced to the House of Representatives on this date that would allow the City to go beyond its levy limits up to an amount of $95,000 a year to incur debt to be used for the specific purpose of construction of the proposed armory. The proposed bill also sets out the conditions of a reverse referendum whereby a petition, signed by citizens equal in number to at least ten percent of the votes cast in the last general election, could be filed with the county auditor for the purpose of requesting a referendum. Council also reviewed a letter from Brigadier General Eugene R. Andreotti, dated April 2, 1990, providing support of the special legislation, outlining the costs of the projects and indicating the importance the National Guard is placing on this project. See Clerk's File 1990 -8. MOTION by Willcox to support Representative Ozment's bill as presented to the House of Representatives for the reverse referendum. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Administrator Jilk provided an update on the USPCI project regarding proposals for complying with financial requirements for closure and post closure of their project, the conceptual stormwater management plan for the proposed facility and a draft report recently received regarding leachate of the project. See Clerk's File 1990 -8. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTEST: l 4 &Z2 Susan M. Johnson, City Clerk teph Jilk, CZ y Administrator Published this CW dao of GP✓'LL�.. 1990 in Dakota County Tribune. 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 1990 Respectfully submitted, ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING WORKSHOP APRIL 14, 1990 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Saturday, April 14, 1990, at 8:30 a.m. in the Council Chamber. Mayor Napper called the meeting to order with Council Members Klassen, Oxborough, Willcox and Wippermann present. Staff present were Jilk, Hefti, Knutsen, Johnson, Darling, and Aker. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper explained the purpose of the meeting was to discuss the Goals and Objectives set at the workshop that was held on January 30, 1990. These goals and objectives were: 1) Dakota County Waste To Energy Plant, 2) Industrial Development on East Side of Rosemount, and 3) Non Hazardous Waste Disposal Project. Council discussed the Dakota County Waste to Energy Plant regarding the potential location of the Dakota County Incinerator on the University and the position the University has taken regarding the possible sale (transfer) of land to the City and Dakota County for the incinerator project and other uses. Council also discussed the announcement that the University has decided to consider the location of a "coal fired ash" landfill on their property in Rosemount and what basis the City would use to stop this. The Council concluded that the City should work to obtain the eleven hundred acres of University property in Rosemount known as the Rosemount Research site subject to continued evaluation by staff and subject to the locating of the Dakota County incinerator on a portion of the property. Non Hazardous Solid Waste Project(s) were discussed. The proposed USPCI Industrial Waste Containment Facility and its possible relocation from Highway 55 to the University of Minnesota property was discussed. This seems to have possibilities if the University would decide to proceed with an ash landfill and the County would decide to locate other waste management projects there, such as a materials recovery facility and an ash pellitization facility. The Council concluded that staff should continue to monitor all alternatives to enable USPCI to develop feasible plans to move the proposed project to the University property. Industrial development on the east side of Rosemount was discussed. Existing and proposed industrial development were summarized. The concerns about Koch Refining Co. buying up so much land in east Rosemount; what Koch Refining plans are and how all of that would be used to bring Koch Refining into a development and cooperative mood with the City to enable planning and development of industrial areas in the East side. Discussion was also held regarding individual applications received from L. H. Sowles and Solberg Aggregate to amend the Comprehensive Guide Plan for redesignation of property in 1 the east side from Agriculture to General Industrial. Council concurred these applications should be considered after further discussion on the proposed Comprehensive Guide Plan has provided to Council a better understanding on what types of industrial development would be appropriate on the east side of Rosemount. The Council concluded that Koch's management should be contacted and requested to meet so that communication can begin on these issues. An update was given on the Comprehensive Guide Plan. Discussion was held as to what process the Council would be comfortable with to obtain consulting services for its update. Council concluded that staff would prepare a set of requirements and guidelines for the process so that staff can obtain proposals from Hoisington Group Inc. for this project. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTEST: Vernon J. Napper, Published this /d day of Tribune. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING WORKSHOP APRIL 14, 1990 Respect ully Submitted, ter an Jil e City Admin strator 1990 in Dakota County ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 1990 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 17, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(f) Dakota County Recycling Appreciation Breakfast; Item 9(a) Rural Water System and Item 10(b) Legislative Wrap -up Luncheon. Consent Agenda Item 4(d) Adventure Zone Permit was moved to Old Business Item 5(g). Council unanimously agreed the Minutes of April 3, 1990 Regular Council Meeting should be amended regarding the discussion on legal counsel of the Minnesota for the Minnesota Valley Transit Authority. Council concurred the last sentence should be amended to include that Attorney David Grannis should be made aware of this decision. MOTION to approve the consent agenda as amended. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Napper. Nays: 0. See Clerk's File 1990 -11. Fire Chief Scott Aker discussed with Council the recommendations from the fire department membership regarding the bid received from Road Rescue for the rescue vehicle. The fire chief noted this was the only bid received at the bid opening on April 6, 1990. Aker outlined the recommendations to accept the bid from Road Rescue in the amount of $99,350.00 and to further accept the optional alternate pre payment method which reduces the cost to $95,873.00. Council reviewed recommendations from the fire department for three alternates for a total amount of $1,767.00. See Clerk's File 1990- 11. MOTION by Oxborough to accept the bids and to award the contract to Road Rescue in the amount of $95,873 and to authorize an amount not to exceed $1,767.00 for the alternates. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Engineer Rich Hefti recommended that Council reject the one and only bid received for Chippendale Street Improvements, City Contract 1989 -10 since the bid was 17 percent over the engineer's estimate. Hefti advised another public improvements hearing will have to be scheduled since the contract was not awarded within one year after the Council ordered the project in December of 1988. See Clerk's File 1990 -11. MOTION by Napper to reject the bid for Chippendale Street Improvements, City Contract 1989 -10. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 1990 Community Development Director Dean Johnson presented the recommendation from the Rosemount EDA to remove the Launderville project from the 1990 Dakota County CDBG Application and using the Dexterity Dental Arts, Inc. Redevelopment Project as a replacement. Johnson summarized the Dexterity Dental Arts, Inc. Redevelopment Project and reasons for removing the Launderville project from the CDBG funding program. See Clerk's File 1990- 11. MOTION by Wippermann to adopt A RESOLUTION APPROVING AN AMENDMENT TO THE APPLICATION OF THE CITY OF ROSEMOUNT FOR FISCAL YEAR 1990 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Council reviewed the second draft of the proposed Street Reconstruction Policies which included the revisions from discussion and direction by City Council at the April 3, 1990 Council meeting. See Clerk's File 1990 -11. Mayor Napper suspended the regular meeting agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled at this time. Mayor Napper opened the public hearing to consider rezoning of property from AG Agriculture District to IG General Industrial District. The city clerk presented for the record the Affidavit of Publication and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -11. Community Development Director Dean Johnson advised the City received a petition from RCD Real Estate Partnership in conjunction with Knutson Services, Inc. to rezone 20 acres of property from Agriculture to General Industrial. The property includes the 10 acre Knutson Material Recovery Facility site and a 10 acre parcel of property situated between the Knutson Property and AAA Auto Salvage. Johnson advised the Planning Commission recommended approval of the 20 acres of property included in the petition from Agriculture to General Industrial. See Clerk's File 1990 -11. There were no comments or questions from the audience. MOTION by Wippermann to close the public hearing. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Wippermann to adopt AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 1990 Mayor Napper opened the public hearing scheduled at this time to consider the proposed assessments for Shannon Parkway /Connemara Trail Street and Utility Improvements of 1988, City Project No. 189 The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990- 11 City Engineer Rich Hefti provided background information on the project and reviewed the core costs for sanitary, watermain and street core facility installation and a 600' credit for water and street along Connemara Trail west of Shannon Parkway. Hefti reviewed the assessment method used to determine the assessment rate for the benefited property affected by the project. Clerk's File 1990 -11. Council received no objections from the audience for the proposed assessment. MOTION by Wippermann to close the public hearing. SECOND by Klassen. Ayes: Wippermann, Mapper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, SHANNON PARKWAY /CONNEMARA TRAIL STREET AND UTILITY IMPROVEMENTS OF 1988, PROJECT N0. 189. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Regular Agenda discussion resumed at this time. Council resumed their discussion of the proposed Street Reconstruction Policies. It was noted the percentage of assessable costs for local street reconstruction should be changed from 75% to 100%. There was unanimous consensus from Council to hold a public information meeting on the Street Reconstruction Policies on June 7, 1990, at City Hall. City Administrator Stephan Jilk presented for Council review the Request for Proposal (RFP) for procuring planning /design services for the Town Green Project. Jilk advised the RFP reflects the background of Erickson Park, the Armory site and the Highway 3 area and the relationship of this project with the city hall facility study now being conducted. Council concurred plans and costs for street decorative lighting for this area should be included in the design proposal. See Clerk's File 1990 -11. Council Member Klassen advised the Town Green Committee at their last meeting agreed to call the Town Green Project the Erickson Park Community Square project and further agreed the flower garden headed by Deanna Simpson would be a part of the Erickson Park Community Square project. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 1990 MOTION by Napper to approve the Request for Proposal and to authorize advertisement to receive the Request for Proposal on May 23, 1990. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Community Development Director Dean Johnson advised Council of an Appreciation Breakfast, in recognition of Dakota County and communities's recycling efforts, on April 25, 1990, at 7:30 a.m. at the Cafe MSA in Eagan. Discussion was held regarding the renewal of the Adventure Zone permit for 1990. Mayor Napper informed Council the business is for sale and requested that the owner, Lee Moeller, be informed that the permit would not be transferable in the event the business was sold. See Clerk's File 1990 -11. MOTION by Napper to approve the permit for the Adventure Zone Game contingent upon the city receiving a certificate of insurance from the owner. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Fire Chief Scott Aker reviewed with Council proposed salary increases for the fire department officers and fire fighter's pay for fire calls. Fire Chief Aker reviewed a summary of a study of surrounding fire departments and pointed out that in some positions the officers' salaries ranked very high; and in other positions, the salaries ranked very low. Aker advised the proposal would bring all of the Rosemount Fire Department salaries into comparable amounts with other communities and even out existing discrepancies in pay. Discussion ensued by Council regarding a three step process for the proposed salary increases. Council agreed to increases for those positions proposed to receive salary increases for 1990 and 1991 and requested staff to present recommendations for 1992 salaries at the appropriate time. Council also concurred that effective November 1, 1989, the hourly rates for fire calls be increased to $6.00 per hour for 1990 and $6.50 per hour for 1991 and a review of 1992 rates for fire fighters at the appropriate time. See Clerk's File 1990 -11. MOTION by Napper to approve the fire department officers salaries for 1990 and 1991 to be effective November 1, 1989 and to approve the increase in fire fighters' pay for fire calls for 1990 and 1991 to be effective November 1, 1989. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: 0. Abstain: Oxborough. Administrator Stephan Jilk reviewed with Council the Request for Proposal (RFP) for legal consulting services for the city and requested Council authorization to advertise for receipt of proposals no later than May 24, 1990. See Clerk's File 1990- 11. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 1990 MOTION by Willcox to approve the Request for Proposals for legal consulting services and to authorize advertisement for the proposals. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Fire Chief Scott Aker discussed with Council the invitation received from the Wakota Mutual Aid Association for the Rosemount Fire Department to become a member. Aker advised membership in the organization would provide assistance from cities that surround the area that abuts the Mississippi River as it passes through Dakota and Washington Counties. The fire chief further advised the fire department could possibly receive benefit in training through the Wakota Caer Organization. See Clerk's File 1990 -11. MOTION by Oxborough to authorize the Rosemount Fire Department to join the Wakota Mutual Firemen's Aid Association. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. City Administrator Stephan Jilk reviewed with Council a memorandum from Staff Member Diana Korpela requesting authorization to purchase a new copy machine from Pitney Bowes in the amount of $13,646.60. See Clerk's File 1990 -11. MOTION by Willcox to approve purchase of a new copy machine as recommended. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Police Chief Staats reviewed with Council a list of surplus items proposed to be sold at a city surplus auction on May 19, 1990, at 10:00 a.m. The police chief recommended removing the 1980 LTD Ford from the list since the exhaust and emissions equipment for pollution control had been removed from the vehicle. See Clerk's File 1990 -11. MOTION by Napper authorizing the sale of the surplus equipment as presented by Police Chief Staats except for the 1980 LTD Ford. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Police Chief Staats discussed with Council the relocation of civil defense sirens presently located on County Road 38 and in Winds Crossing. Police Chief Staats estimated the relocation costs of approximately $4,000 would eliminate purchasing a new siren in 1993 at an estimated cost of $9,500. MOTION by Napper to approve an expenditure not to exceed $4,000 for the relocation of two civil defense sirens. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Parks and Recreation Director David Bechtold discussed with Council his recommendation to post an opening for a Parks Maintenance III position. Bechtold reviewed with Council the job descriptions for 5 the three levels of this position and advised the position would be filled from present staff members. See Clerk's File 1990- 11. MOTION by Napper to accept the job descriptions for the Parks Maintenance positions and to authorize the posting of an opening for Parks Maintenance III. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Council directed staff to report to Council at the May 1, 1990 Regular Council Meeting a status on the rural water system. MOTION by Napper to authorize funds for Council Members and Department Heads to attend the League of Minnesota Cities Annual Conference in Duluth, June 12 -15, 1990. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. City Administrator Stephan Jilk advised the Dakota County City and County Administrators will be holding a luncheon on May 7, 1990 to allow city officials to learn from county legislators their reasons for supporting or not supporting legislation that was adopted this session. MOTION by Klassen to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. ATTEST: Stephan Jilk, Administrator Published this fD r day of Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 1990 Respectfully submitted, ,ea,),Oprz,D Susan M. Johnson, City Clerk 1990 in Dakota County ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 24, 1990 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 24, 1990, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper advised the purpose of the Special Council Meeting was to continue Council review and discussion of the proposed sign ordinance revisions. City Planner Michael Wozniak referred to a memorandum dated April 19, 1990 from Community Development Director Dean Johnson regarding the eleven items discussed at the March 27, 1990 sign ordinance workshop and the status of each of these items. See Clerk's File 1990 -11. Following considerable discussion on each of the eleven items, Council reached a consensus on Items 1, 2, 3, 4, 7, 8, 9, and 10. Following discussion by Council on Items 5 and 6, Council concurred to the "sign band" concept but requested further discussion on increasing the wall coverage percentage for the wall signs as well as the size and height of signs in "C" and "IP" districts. Council discussion led to a recommendation to limit these increases to "C" and "IP" districts south of County Road 42, although a unanimous consensus was not reached. Council agreed to review potential size and height requirements for multi- business use of downtown signage. Council discussed Item No. 11 regarding off premise advertising. Council directed staff to investigate the feasibility of city sponsored marque signs. Council did reach a consensus to continue discussion on the sign ordinance revisions at a Special Workshop Council Meeting on May 8, 1990, at 6:30 p.m. Council concurred with the administrator's memorandum regarding the program for the April 30, 1990 Open House and State of the City message to the community. See Clerk's File 1990 -11. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0 ATTEST: teph Jilk, CiE Administrator Published this /CC day of Respectfully submitted, Susan M. Johnson, City Clerk 1990 in Dakota County Tribune. 1 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 30, 1990, at 7:00 p.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Wippermann, and Klassen present. Council Member Oxborough was absent. Mayor Napper led the audience in the Pledged of Allegiance. Mayor Napper welcomed those in attendance at the State of the City and Open House and thanked everyone for attending. Mayor Napper introduced the Council Members. The Mayor reviewed the process begun approximately two years ago to gather community input from residents as part of the decision making process to establish goals and objectives for the community. Other facets of the input gathering process included two Town Meetings, a citizen attitude survey, establishment of a citizens advisory committee and input from the Urban Design Team from the University of Minnesota. Mayor Napper advised in January, 1990, the City Council held a special work session for the purpose of utilizing all the input gathered and thoughts and ideas of the Council Members and Staff to establish a working set of goals and objectives to set the course for the Rosemount community for 1990 and beyond. City Administrator Stephan Jilk reviewed the thirteen specific goals and strategies established at the work session by Council and Staff Members. The administrator commented on each of the goals and answered general questions from the audience. City Administrator Jilk also presented other issues Council and Staff felt should be reviewed and monitored. Mayor Napper thanked everyone for attending and invited all to have some refreshments and tour city hall. MOTION by Wippermann to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. ATTEST: Steph.' Jilk, 1 C— ty Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 30, 1990 Respectfully submitted, ,LD az Susan M. Johnson, City Clerk Published this da Y /J of ?Vet 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 1990 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 1, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended as follows: Item 4(h) Receive Bids /Authorize Purchase, Self- Propelled Asphalt Paver was deleted and the following items were added: Item 4(o) Purchase of Red Rock for Ball Fields and Item 5(d) Sidewalk Discussion. In review of the Consent Agenda, Council concurred the minutes for the April 14, 1990 Special Meeting should be amended regarding discussion on the industrial development on the east side of Rosemount; and the following sentences be added: "Discussion was also held regarding individual applications received from L. H. Sowles and Solberg Aggregate to amend the Comprehensive Guide Plan for redesignation of property in the east side from Agriculture to General Industrial. Council concurred these applications should be considered after further discussion on the proposed Comprehensive Guide Plan has provided to Council a better understanding on what types of industrial development would be appropriate on the east side of Rosemount." Discussion was held on the minutes for the April 24, 1990 Special Meeting with Council concurring the minutes should be amended regarding discussion on size and height requirements for signs as follows: "Council agreed to review potential size and height requirements for multi- business use of downtown signage." Consent Agenda Item 4(i) Approve Final Payment, Shannon Oaks Street Improvements was moved to Old Business, Item 5(e). MOTION by Napper to approve the Consent Agenda as amended. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -12. Lieutenant Lyle Knutsen discussed his recommendation for the City to provide a police officer to teach the Drug Abuse Resistance Education Program (D.A.R.E Program) to fifth grade classes at Rosemount Elementary and Shannon Park Elementary Schools beginning Fall, 1990. The D.A.R.E. Program is a 17 -week curriculum which has been fully endorsed by the principals of the two elementary schools and the school district. Knutsen advised the City would have to hire a new officer to replace the one selected from the patrol team to become the D.A.R.E. officer; and advised this replacement should occur in November, 1990 when the D.A.R.E. officer would attend the two week training course. Rosemount Elementary School Principal Tom Cosgrove thanked Council and staff for their support of the program. Lieutenant Knutsen reviewed funding sources for this year and answered general questions about the program from Council and the audience. See Clerk's File 1990 -12. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 1990 MOTION by Napper to approve the establishment of the D.A.R.E. Program through the Rosemount Police Department and to authorize Lieutenant Knutsen to send a police officer to the D.A.R.E. training school and to continue working with Independent School District 196 in establishing this program as outlined in Lieutenant Knutsen's memorandum. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Mayor Napper suspended the regular meeting agenda at 8:00 p.m. to allow the Council to conduct a public hearing scheduled at this time. Mayor Napper opened the public hearing to consider an amendment to the text of Zoning Ordinance B which would establish a permitting procedure for A.M. radio communications antennae and supporting towers. The city clerk presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1990 -12. Community Development Director Dean Johnson discussed the petition received from Parker Communications to construct four 360 -foot A.M. radio broadcast towers to be located on a 40 acre site situated in the eastern portion of the City on TH55. Johnson outlined how the proposed amendment would affect various sections of the Zoning Ordinance and reviewed the major issues of the proposal regarding land use policy, esthetics, visual impact and proposed economic incentives from the petitioner. See Clerk's File 1990 -12. Linda Fisher, Attorney for Parker Communications, and Ron Kazda, Vice President of Operations for Parker Communications, presented information on the project, and Susan Ubbelohde, architectural and engineering consultant for Parker Communications provided information regarding visual impact of the proposed facility. S. Schmitz, 14050 Courthouse Boulevard, provided general comments on the project and provided information on the location of the proposed radio towers to surrounding neighbors' properties. Persons in the audience did not expressed objections to the project. MOTION by Willcox to close the public hearing. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: o. It was the unanimous consensus of Council to defer action on the proposed amendment until the May 15, 1990 Council meeting when Parker Communications will present a specific proposal of economic incentives. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 1990 Council discussed the recently held neighborhood information meeting regarding the proposed project, and Council concurred language should be incorporated in the proposed amendment regarding the health, safety and welfare of livestock, plants and wildlife in the area. Mark Longston of Delta Environmental, the consultant hired by the University of Minnesota, and Fay Thompson, Department of Environmental Health and Safety, University of Minnesota provided an update on the rural water project in east Rosemount. Longston commented on the overrun of the project budget which will require further budget approval by the University of Minnesota Board of Regents. Longston projected an ideal time schedule for completion of the project in February, 1991. Longston and Thompson answered several questions from the Council regarding costs, water quality, residents' satisfaction and the transition process to the City. A recess was called at 9:05 p.m. with the meeting continuing at 9:20 p.m. City Clerk Susan Johnson advised Council of the pending sale of the Adventure Zone to Brett C. Harvey, 108 River Edge Way, Fridley, Minnesota. Johnson noted the safety rules and guidelines for the splat ball game are basically the same as the seller required for participants to follow since the business began in Rosemount in 1986. Brett Harvey introduced himself to Council and outlined his guidelines for the operation of the business. Council concurred Harvey should furnish detailed maps to participants to eliminate participants from turning around on surrounding neighbors' properties. See Clerk's File 1990 -12. MOTION by Napper to approve the permit to Brett C. Harvey doing business as the Adventure Zone subject to the conditions outlined in the permit and subject to final sale of the business to Brett C. Harvey. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Council Member Oxborough requested that city staff give immediate attention to unsafe sidewalk conditions in the area of Lower 147th Street and further requested that city staff inspect all sidewalks on a continuous basis. Council concurred with these requests and encouraged staff to complete a sidewalk policy. Council unanimously agreed approval for the final payment to Bituminous Roadways in the amount of $18,358.04 for Shannon Oaks Street Improvements Project be deferred until the city engineer investigates the erosion problems at the intersection of Shannon Parkway and County Road 38. See Clerk's File 1990 -12. City Engineer Rich Hefti presented for Council review the feasibility report for the watermain construction along 160th Street West between Chippendale Avenue and Biscayne Avenue. Consulting Engineer Steve Campbell from SEH provided an overview of the project advising the project provides for the installation of 3 approximately 5,300 linear feet of 12" trunk watermain and appurtenances along 160th Street West. Campbell estimated the total cost of the project to be $260,000 of which $130,000 would be assessable and the remaining $130,000 will be obtained from Fund. The city engineer Water Core Facility und. e Y Y ineer recommended g this project be bid in conjunction with the Chippendale Avenue rebid. See Clerk's File 1990 -12. MOTION by Klassen to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT 213, 160TH STREET WATERMAIN EXTENSION. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Community Development Director Dean Johnson discussed with Council a new internship program offered by the Center for Urban and Regional Affairs (CURA) and the Hubert H. Humphrey Institute for placement of University of Minnesota graduate students in local government planning offices. Johnson recommended Council authorization to participate in the graduate intern program. The community development director recommended utilizing an intern on the update of the Comprehensive Guide Plan and felt the services of an intern would provide economic and time savings to the City as well as accommodate the educational requirements for the intern student. Johnson reviewed the costs and funds to be used for the City's contribution for the intern's salary in an amount of approximately $3,000.00 for the school year. MOTION by Willcox to approve the hiring of an intern as recommended for the Community Development Department. SECOND by Napper. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. City Administrator Stephan Jilk advised Council the special legislation to grant Rosemount the authority to special levy for an amount up to $95,000 per year for the armory project was approved as an amendment to the Omnibus Tax Bill. Jilk reviewed the bill with Council and discussed the time schedule and public hearing requirements if Council decided to proceed with the special tax levy for the armory. The administrator also advised the Minnesota National Guard has received approval from the Federal Guard Bureau to expect construction to begin in 1992, to designate an architect for the project and to begin actual design of the project. The Armory Committee will meet on May 7 to formulate a recommendation on which items to be included in the armory project and how to finance those items to be added as enhancements and add -on to the armory. The Council concurred the residents should be fully informed of the costs and costs ramifications to the community and the uses and services the armory will provide as part of a complete information packet to be furnished to the general public. See Clerk's File 1990 -12. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 1990 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 1990 City Administrator Stephan Jilk briefly his memorandum dated April 27, 1990 regarding a legislative update to Council. See Clerk's File 1990 -12. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 8, 1990 1 Respectfully submitted, 5 Susan M. Johnson, City Clerk teph: Jilk, y Administrator Published this 024 of 1990 in Dakota County Tribune. 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 8, 1990, at 6:30 p.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Wippermann and Klassen present. Council Member Oxborough was absent. Mayor Napper led the group in the Pledge of Allegiance. Council discussion on the sign ordinance revisions was a continuation of discussions from previous special council workshops regarding this matter. City Planner Michael Wozniak summarized the consensuses reached by Council at the April 24, 1990 Special Council Workshop noting that Council did not reach a consensus on Items 5, 6 and 11 contained in the Chamber of Commerce letter dated March 13, 1990. See Clerk's File 1990 -13. Item 11 of the Chamber of Commerce letter regarding the suggested elimination of restrictions for off premise advertising was discussed by Council. City Planner Michael Wozniak showed photographs of examples of multiple use signs advising these types of signs were primarily used in other communities' malls for multi business advertising. Wozniak provided estimated costs for 8 foot by 10 foot signs ranging in costs from $3,000.00 to several thousand dollars. 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 8, 1990 Considerable discussion was held on the location requirements for off premise advertising signs with a general conclusion by Council that a one quarter mile spacing between each off premise sign would be appropriate and that a requirement be included in the ordinance for appropriate spacing between an off premise sign and an on- premise sign. Discussion also ensued as to whether off premise advertising should be permitted in Industrial Park zoning districts and the appropriate size for off premise advertising signs in the downtown area. Council also discussed whether the sign ordinance should require certain design criteria for off premise signs or whether the sign ordinance should only address specific location, size and height requirements. Council concurred it may be appropriate for the Chamber of Commerce or area business owners to be involved in coordinating the sign usage. A recommendation was made from a Council Member to require land dedication for signage use from developers in commercial and industrial park districts. A five minute recess was called at this time with the meeting continuing at 7:30 p.m. Mayor Napper opened the Board of Review meeting and introduced Bill Peterson of the Dakota County Assessor's Office. Mayor Napper advised the Special Council meeting would continue while the Assessor's Office staff met with residents in the lobby of the City Hall. The city clerk presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1990 -13. Administrator Stephan Jilk presented for discussion the following goals and objectives established by Council in January, 1990: (a) balancing small town rural ambiance with growth; (b) update Comprehensive Guide Plan and (c) maintaining open /rural areas. General discussion was held between Council and Staff members on how to maintain or achieve the goal of small town ambience with growth, what small town ambience meant to the citizens and the appropriate optimum growth for the city. Discussion ensued by Council on how to control population growth without having an adverse affect on the community, and the methods of promoting commercial and industrial growth but limiting population growth. Council concurred the development and updating of the Comprehensive Guide Plan would be very instrumental in setting the guidelines for balancing small town ambience with growth and maintaining the open /rural areas. At this time Council was advised by the County Assessor's Office staff that they had completed their interviews with residents. MOTION by Napper to close the Board of Review meeting. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Rlassen. Nays: 0. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 8, 1990 There was considerable discussion between Council and Staff Members on proposed changes to the Comprehensive Guide Plan and how proposed changes could affect the population and commercial and industrial growth in the City. Community Development Director Dean Johnson reported on the status of the procedure for updating the Comprehensive Guide Plan. Council concurred the goals discussed this evening should play an integral role in the Comprehensive Guide Plan revision process. By unanimous consent the Council set a Special Meeting on June 2, 1990, at 8:00 a.m. in the Council Chambers at City Hall for the purpose of discussing Goal Item 4 and to possibly review the revisions and recommendations made this evening with regard to the sign ordinance revisions. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. ATTEST: Respectfully ss`ub bm mitted ct. Johnson, Clerk S ep an lk, Cit/ dministrator Published this d__ day of in Dakota County Tribune. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 1990 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 15, 1990, at 8:00 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough and Klassen present. Council Member Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following items: Item 4(s) Set Public Hearing Cimarron Townhouses Preliminary Plat; Item 4(t) Approve Payment for Single Axle Dump Truck and Item 6(g) Auditors' Recommendations. Council concurred Paragraph 6, Page 3 of Minutes of the May 1, 1990 Regular Meeting be amended as follows: Council deferred approval for the final payment to Bituminous Roadways in the amount of $18,358.04 for Shannon Oaks Street Improvements Project until the 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 1990 city engineer investigates the erosion problems at the intersection of Shannon Parkway and County Road 38. See Clerk's File 1990 -14. Consent Agenda Item 4(n) Receive Bids /Authorize Purchase Tractor/Mower/Sweeper Broom was moved to Old Business, Item 4(n). MOTION by Napper to approve the Consent Agenda as amended. SECOND by Willcox. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Community Development Director Dean Johnson presented for Council review the Zoning Ordinance text amendment language relating to the Parker Communication AM radio antennae proposal. The revisions, as a result of input from Council discussion at the May 1, 1990 Public Hearing, included references to the protection of plant and animal populations from nuisance or hazard, requirements for the complete removal of the antennae and appurtenances upon termination of the use and some minor wording clarifications. Council also reviewed the proposed benefit package from Parker Communications which included a payment in lieu of property taxes, an estimate of the City's share of actual property taxes, the installation of a two —way radio antenna for City use, a conservation easement on a portion of the site, programming opportunities for the city and public service announcement sports. See Clerk's File 1990 -14. Community Development Director Johnson discussed with Council a 20 —year permit term to allow the AM radio antennae in the City with a guarantee to allow the applicant to replace the antennae, if the use were ever terminated by ordinance amendment and their grandfather" rights were terminated due to destruction by accident, nature or other catastrophe. Johnson added permit language would allow the reconstruction to occur provided Parker Communications operating record had been satisfactory. Johnson recommended Council approve the Zoning Ordinance text amendment and authorize staff to prepare a formal agreement between the City and Parker Communications. Following discussion, Council requested Section 2.C(1) of the proposed zoning text amendment specify that the permitted use for an AM radio antennae be permitted only on proposed site located north and east of State Trunk Highway 55. It was also noted that the City and the applicant agreed to the soft red blinking lights versus the strobe lights on the antennae. MOTION by Willcox to adopt ORDINANCE N0. B -4, AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Klassen to approve the By —Laws of the Minnesota Valley Transit Authority adopted by the Minnesota Valley Transit 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 1990 Authority on April 18, 1990. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. City Administrator Stephan Jilk informed Council that Governor Perpich signed the Omnibus Tax Bill for 1990 which included the amendment to allow the City to levy ad valorem taxes up to $95,000.00 a year to finance the cost of the City's portion of the proposed National Guard Armory. Administrator Jilk presented for adoption a resolution authorizing a special tax levy for this purpose and calling for a public hearing on June 5, 1990 to confirm Council's intention after considering comments from residents on the proposed levy. Discussion was held by Council on the possibility of the City receiving from the Minnesota Army National Guard assistance, through funds or other benefits, in addition to the funds mandated by federal and state laws. Council reached a consensus to defer action until a determination has been made on the amount of assistance the Guard would be able to offer to the City. See Clerk's File 1990 -14. City Administrator Jilk handed out a draft of a special public information release about the armory project which would be mailed to the residents if the Council authorizes the special tax levy. See Clerk's File 1990 -14. City Engineer Rich Hefti presented the bids opened on April 13, 1990 for a 4 —wheel drive utility tractor with cab, sweeper, wing and rear mower. Hefti recommended the contract be awarded to Scharber and Sons for the purchase of a John Deere tractor and accessory equipment in the amount of $34,600.00. Hefti advised the two bids received were over the budgeted amount and therefore recommended not purchasing the rear mower unit at this time. Hefti reviewed the accounts from where the funds would be allocated. See Clerk's File 1990 -14. Rich Carlson of Carlson Tractor Equipment Company protested to the city engineer's recommendation to award the contract to Scharber and Sons. Carlson advised his company's bid was the low bid and met the specifications and also alleged the bid from Scharber and Sons did not meet the specifications. MOTION by Napper to receive the bids for a 4 —wheel drive utility tractor with cab, sweeper broom, wing and rear mower and to request further review of the bids and specifications by the city engineer. SECOND by Willcox. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. A recess was called at 9:15 p.m. with the meeting continuing at 9:30 p.m. Council reviewed a request from the Community Development Department to purchase a new inspection vehicle from Jeff Belzer's Todd Chevrolet. Council discussed with Community Development Director Dean Johnson the funds to be used for the purchase. See Clerk's File 1990 -14. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 1990 MOTION by Napper to accept the bids and to authorize the purchase of a 1/2 ton, 4 -wheel drive pickup from Jeff Belzer's Todd Chevrolet in the amount of $13,707.92. SECOND by Willcox. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Community Development Director Dean Johnson presented a proposal from Forsythe Appraisals, Inc. for the appraisal of approximately 1,100 acres at the University of Minnesota Research Center. Johnson commented on discussions between city staff and University of Minnesota officials regarding the disposition of the Rosemount Research Center and an agreement that the City and University should seek independent appraisals of the property. Johnson further advised Dakota County is presently engaged in appraising property values of the three potential incinerator sites, including the Research Center and has committed to the City an estimated $4,500.00 to $5,000.00 for this appraisal. Johnson estimated the cost to the city for the appraisal to be approximately $4,000.00. See Clerk's File 1990 -14. MOTION by Willcox to authorize funds for the University of Minnesota Research Center property appraisal as recommended. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Parks and Recreation Director David Bechtold requested authorization to make several changes in the Parks and Recreation 1990 Capital Improvements Budget. Bechtold advised there would be no dollar amount changes and cited several reasons for recommending these changes. Bechtold further requested authorization to purchase a portable irrigation system, an aerator and an irrigation system for the flower garden located adjacent to City Hall. Council Member Klassen expressed her support of the flower garden and requested irrigation system but also expressed her concerns that the volunteers' hard work and city funds may be jeopardized by the final plans for the Erickson Park Community Square project or that the flower garden may influence a consultant's recommendations for the Erickson Park Community Square Project. See Clerk's File 1990 -14. MOTION by Napper to authorize the recommended changes in the Parks and Recreation 1990 Capital Improvements Budget. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. MOTION by Klassen to authorize the purchase of the portable irrigation from Heinen Mason in the amount of $6,475.00. SECOND by Napper. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. MOTION by Willcox to authorize the purchase of a Toro aerator, Model 687, from MTI Distributing Co. in the amount of $2,630.00. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 1990 SECOND by Napper. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. MOTION by Klassen authorize Southview Design to install the irrigation system in the flower garden project in an amount not to exceed $2,000.00. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Stephan Jilk presented recommended revisions to the 1990 Operating Budget as a result of action taken by the Legislature in 1990 causing State Aid payments to the City to be reduced in the amount of $38,848.00. Jilk advised the budget would not be formally amended but directives would be given to curtail expenses in the affected accounts. Council concurred with the accounts that would be reduced but requested the $3,000.00 budgeted for staff training remain in the budget. Jilk advised other areas of operation could easily be reduced by $3,000.00. See Clerk's File 1990 -14. MOTION by Napper to approve the recommended 1990 Operating Budget reductions as amended. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Community Development Director Dean Johnson discussed with Council a request from Cliff Carlson for a simple lot division within South Rose Park Addition Replat affecting Mac's Bottle Shop property. Johnson advised that the City Council on September 19, 1989 approved a simple lot division to create the Mac's Bottle Shop parcel based upon a commitment from Carlson to include that property in the final plat of the Rosemount Center project. This simple lot division further required Carlson to include proposed parking to be situated on the east side of the common drive within the parcel boundaries of the Mac's Bottle Shop property because additional parking spaces were required to meet minimum requirements for the proposed building. Carlson has submitted a revised concept plan for the Rosemount Center Project and is requesting the simple lot division to allow a mortgage to be placed on the Mac's Bottle Shop property. Johnson advised that until the Rosemount Center Project is replatted a shared parking agreement would be recorded against the new parcel to be created from the lot division. See Clerk's File 1990 -14. MOTION by Oxborough to adopt A RESOLUTION FOR A SIMPLE LOT DIVISION. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. MOTION by Napper to approve the shared parking Agreement between the City of Rosemount and Carlson Farms of Rosemount. SECOND by Willcox. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Community Development Director Dean Johnson submitted a request from Cliff Carlson to amend the Comprehensive Guide Plan affecting Lot 3, Block 2, South Rose Park Addition Replat from High Density Residential to General Commercial. Johnson reviewed Carlson's 5 3 1 1 intent to subdivide the property and to develop or sell for development four lots for office /warehousing /retail use. The Planning Commission recommended approval to the City Council for the redesignation. See Clerk's File 1990 -14. MOTION by Napper to approve the Comprehensive Guide Plan Amendment affecting Lot 3, Block 2, South Rose Park Addition Replat from High Density Residential to General Commercial. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Stephan Jilk discussed a recommendation received from the city's auditing firm of Boeckermann, Heinen Mayer to designate in the 1989 year end financial statements a designated amount for working capital. This amount would represent the estimated funds needed to enable the city to meet cash flow needs between year end and property tax /state aid payments received in July. Jilk advised at the 1990 legislative session, there was increased attention on cities' fund balances, and the legislators' perception of "excessive" amounts on fund balances that are unreserved and undesignated. Jilk reviewed the proposed amount to be designated as working capital and advised these figures will be included in the 1989 financial statements to be formally presented to Council at a June 1990 Council Meeting. See Clerk's File 1990 -14. MOTION by Willcox to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. ATTEST:/ eph Jilk, ry Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 1990 Respectfully submitted, 4 4 9 e Susan M. Johnson, City Clerk 7A Published this /t day of t/r 1 -Z� 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 2, 1990 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Saturday, June 2, 1990, at 8:00 a.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Wippermann and Klassen present. Council Member Oxborough was absent. Mayor Napper led the group in the Pledge of Allegiance. Assistant Adjutant General John Cox of the Minnesota Army National Guard, State Comptroller Tom Ryan and Executive Director of the Minnesota State Armory Building Commission Terry Palmer were present to reaffirm the support of the Minnesota State Armory Building Commission for proceeding with the armory project in the City. Assistant Adjutant General Cox presented a letter dated May 30, 1990 and two resolutions from the State Armory Building Commission setting out additional support in the amount of $200,000.00 for the proposed armory. Council discussed these financial commitments with the National Guard representatives. See Clerk's File 1990 -15. Council and Staff Members discussed the remaining issues to resolve on updating the sign ordinance. These issues included height and size of signs located south of County Road 42, percentage of wall coverage by signage located south of County Road 42 and regulation of off premise signs. Council reached a consensus on height and size as follows: (1) all signs shall be restricted to 20 feet in height; (2) signs located north of County Road 42 and west of Highway 3 shall be no greater than 80 square feet in size; (3) signs located north of County Road 42 and east of Highway 3 shall be no greater than 80 square feet in size in commercially zoned property and no greater than 100 square feet in size in industrially zoned property; and (4) all signs located south of County Road 42 shall be no greater than 100 square feet in size. See Clerk's File 1990 -15. Discussion was held, and Council reached the following consensus: (1) to add proposed amendment to Section 10.2, Subparagraph E -7, which allows subdivision identification signs for commercial and industrial subdivisions; (2) to add language to Section 10.2, Subparagraph B -3, which would clarify the ability of fraternal organizations to display off premise signs for providing directions to a facility. Council also concurred with the following revisions to the sign ordinance: (1) Section 10.1 -A to strengthen the "purpose" of the section on signs; (2) Section 10.2, Subdivision D.1 to restrict signs in this subdivision to 36 square feet in area and six feet in height, provided they are located on private property and do not jeopardize public safety; and (3) Section 10.2, Subdivision E.3 to remove "no sign may face an abutting residential district." 1 1 1 ATTEST: Vernon J.� ppe� Mayor Step Cit ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 2, 1990 MOTION by Willcox for a consensus on all issues of the sign ordinance and to agree no further changes are necessary. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper. Nays: Klassen. Council directed staff to make final revisions and prepare the final ordinance for adoption. Council discussed the two goals regarding (a) new commercial development outside of downtown different business types and (b) identify /recruit retail and industrial business that work in Rosemount. Council concurred staff should work with Fred Hoisington of Hoisington Associates to have Hoisington present a cost estimate and work plan to complete the second half of the commercial /retail industrial market study in conjunction with the work on the City's Comprehensive Guide Plan update in this regard. MOTION by Willcox to adjourn. SECOND by Rlassen. Ayes: 4. Nays: 0. Respectfully submitted, n Jilk Administrator Published this 5 day of CGdt., 1990 in Dakota County Tribune. J 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 1990 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 5, 1990 at 7:30 P.M. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Klassen, Willcox and Oxborough present. Council Member Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 11 h., Paint Ball Express Permit, Item 13. d., Update on Contamination at the U of M Rosemount Research Center and Item 13. e. The Blandin Foundation. In review of the Consent Agenda, Council Member Klassen requested the Minutes of May 15, 1990 be amended to reflect that the City and applicant agreed to the soft blinking lights versus the strobe lights on the antennae, with regards to the Parker Communications proposal. MOTION by Napper to approve the Consent Agenda as amended. SECOND by Willcox. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -16. City Administrator Stephan Jilk recommended approval of the submitted job descriptions and selection process for all city commissions and committees. It was recommended that an Item 12. be added to the city policy whereby City Council Members when necessary could remove for good reason a commission /committee member at any time. See Clerks File 1990 -16. MOTION by Willcox to approve the Council Committee Appointment Process Policy including the Committee Selection Policy Ad 1, Commission Members Code, Application Form, and Job Description /Qualifications for: Utilities Commission, Cable Commission, EDA Board, Planning Commission, and Parks Recreation Committee subject to adding Item 12 to the Policy, as described by the Administrator. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Administrator Jilk presented an update on the Minnesota National Guard Armory and community center. The new information was a commitment from the National Guard for an additional $200,000; $100,000 from added legislative authority for the State to provide this money and $100,000 upon the sale of the old Armory building in Minneapolis. This would bring the City's share to about $680,000. Council Member Klassen wished to add a clause to the special levy resolution reflecting the funding commitment by the Armory and State. The Administrator recommended adopting the resolution. See Clerk's File 1990 -16. MOTION by Willcox to adopt as amended A RESOLUTION APPROVING A SPECIAL TAX LEVY FOR FUNDING OF AN ARMORY AND CALLING FOR A PUBLIC HEARING. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 1990 Mayor Napper suspended the regular meeting agenda at 7:55 p.m. for public hearings to begin at 8:00 p.m. Mayor Napper opened the public hearing for Project #213, 160th Street Watermain. The City Administrator presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -16. City Engineer Hefti recommended that Council authorize a feasibility report to investigate an alternate alignment north of Murgics and the Gas Supply Company rather than going down 160th Street from Chippendale Avenue to Biscayne Avenue. Consulting Engineer Steve Campbell of SEH reviewed these options with Council. See Clerk's File 1990 -16. MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. MOTION by Oxborough to adopt A RESOLUTION ORDERING THE FEASIBILITY REPORT FOR INVESTIGATING AN ALTERNATE ALIGNMENT FOR CITY PROJECT #213. SECOND by Klassen. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. MOTION by Mayor Napper to set a public hearing for an alternate alignment for city project #213 for July 3, 1990 at 8:00 p.m. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Mayor Napper opened the public hearing for Project #191, Chippendale Street Improvements. The City Administrator presented for record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -16. Richard Hefti, City Engineer, reviewed the project and recommended that the City proceed with improvements to the southerly quarter mile of Chippendale Avenue. MOTION by Napper to close the public hearing. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. MOTION by Willcox to adopt A RESOLUTION FOR APPROVAL OF THE IMPROVEMENTS OF CHIPPENDALE AVENUE CITY PROJECT #191. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. MOTION by Willcox to approve A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS OF CHIPPENDALE AVENUE CITY PROJECT 1191. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 1990 Mayor Napper opened the public hearing for City Project #199 Pine Bend Trail Street Improvements. The city administrator presented for the record the Affidavit of Posted and Mailed Hearing Notice and the Affidavit of Publication. See Clerk's File 1990 -16. City Engineer Richard Hefti introduced Steve Campbell, consultant engineer. The bids received were all higher than the city estimate. He suggested scaling back the project and going with the low bidder. Reductions could be made in the amount of pavement cleared and patched. This would extend the life of the road 12 15 years without the major overlay. See Clerk's File 1990 -16. MOTION by Napper to closed the public hearing. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Oxborough to approve A RESOLUTION FOR APPROVAL OF PINE BEND TRAIL STREET IMPROVEMENTS CITY PROJECT 1199. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. Mayor Napper opened the public hearing for the Cimarron Village Townhouses Preliminary Plat. City administrator presented for the record the Affidavit of Posted and Mailed Hearing Notice and the Affidavit of Publication. See Clerk's File 1990 -16. Michael Wozniak, City Planner, reviewed the conditions of requirement for this preliminary plat. Cash in lieu of land would be used for park dedication at the going rate per acre. The developer will also provide a eight foot bituminous bike /walk trail along Dodd Boulevard. See Clerk's File 1990 -16. MOTION by Mayor Napper to close the hearing. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. MOTION by Oxborough to approve A RESOLUTION APPROVING THE CIMARRON VILLAGE TOWNHOUSES PRELIMINARY PLAT. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Mayor Napper opened the public hearing to consider a partial easement vacation at 14350 Cameo Avenue. The city administrator presented for the record the Affidavit of Posted and Mailed Hearing Notice and the Affidavit of Publication. City Planner Michael Wozniak reviewed the sanitary sewer easement effecting 14350 Cameo Avenue. See Clerk's File 1990 -16. MOTION by Napper to close the hearing. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 1990 MOTION by Oxborough to adopt A RESOLUTION CAUSING PARTIAL VACATION OF AN EASEMENT TO CONSTRUCT, MAINTAIN AND OPERATE A SANITARY SEWER AND APPURTENANCES. SECOND by Willcox. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. Regular agenda discussion resumed at this time. Lieutenant Lyle' Knutsen recommended the hiring of Grant Thorstad for the position of Patrol officer effective June 24, 1990. MOTION by Mayor Napper to approve the hiring of Grant Thorstad as patrol officer. SECOND by Klassen. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Fire Chief Scott Aker reported Bob Tabery resigned as secretary from the Fire Department because of personal reasons. Aker acknowledged Tabery's excellent job and extended his thanks to him. The Fire Department membership elected Dan Corrigan to fill the remainder of the secretary's term. Fire Chief Aker requested Council to approve this appointment. MOTION by Oxborough to approve the appointment of Dan Corrigan as Fire Department Secretary. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Steve Jilk administered the oath of office to Dan Corrigan. The Mayor called a 15 minute recess; the meeting resumed at 9:15 p.m.. Bud Osmundson of OSM Consulting Engineering firm reviewed the feasibility report for Birchview Terrace Utility and Streets, Project #214. The normal 32 foot street width has been shortened to 28 feet with curb and gutter to save more trees. Some residents are having septic problems now, and many yards do not have enough square feet to accommodate new drain fields and also many yards have an 11% grade. See Clerk's File 1990 -16. MOTION by Napper to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT BIRCHVIEW TERRACE UTILITY STREET IMPROVEMENTS, CITY PROJECT 1214. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Mayor Napper noted that this was the City's reporter from This Week" Newspaper, Randy Erickson's last council meeting because he is moving. Council extended their thanks to him and wished him "Good Luck!" City Administrator Stephan Jilk introduced the City's auditor Roger Schanus, C.P.A. from Boeckermann, Heinen Mayer. Schanus reviewed the City's Annual Financial Report for year ending December 31, 1989. See Clerk's File 1990 -16. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 1990 MOTION by Willcox to accept the Annual Financial Report as presented to Council and authorize the publication of the legal summary. SECOND by Oxborough. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. Director of Parks Recreation David Bechtold presented a recommendation to hire James Koslowski for the Building Trades II position. There were 108 applications, 12 finalists and 5 interviewed. See Clerk's File 1990 -16. MOTION by Mayor Napper to approve the hiring of James Koslowski for the Building Trades II position. SECOND by Klassen. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Director Bechtold recommended the promotion of Steve Strese to Parks Maintenance III. See Clerk's File 1990 -16. MOTION by Willcox to promote Steve Strese to Parks Maintenance III. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Administrator Jilk discussed a request received from James Lathrop to operate a paint ball business on approximately 30 acres located at Pine Bend Trail and Fahey Avenue. Jilk advised staff needs to determine whether this business can operate at this location because it is in the Mississippi River Corridor and whether alterations can be made to the land. Jilk recommended a permit not be issued until the City has received written police /sheriff report from Hudson, Wisconsin where the applicant previously operated and until a criminal back ground check has been conducted. James Lathrop, owner of Paint Ball Express, explained that he would be leasing the land from Pine Bend Development Company, and the owner has agreed to clear an area for a parking lot. MOTION by Willcox to approve the Paint Ball Express Permit based upon positive responses to: 1) being located in a protected area 2) alterations to land area 3) written assessment by authorities in Hudson 4) criminal back ground check 5) proof of insurance coverage. SECOND by Oxborough. Ayes: Oxborough, Willcox. Nays: Klassen. Abstained: Napper. City Engineer Hefti recommended paving of the City Hall northwest parking lot by city maintenance staff. See Clerk's File 1990 -16. MOTION by Napper to authorize staff to proceed with the expansion of the City Hall parking lot. SECOND by Willcox. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. MOTION by Willcox to approve A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON PINE BEND TRAIL STREET IMPROVEMENTS, CITY PROJECT 1199 WITH THE STIPULATED CHANGE ORDER. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -16. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 1990 Administrator Jilk reported from the Lighting /Banner Committee made up of local merchants, citizens and staff. Thirty -six lighting decorations and twenty -six banners are being considered. Also completion of a sound system that was wired with the pedestrian street lighting system on 145th Street from City Hall to Cameo Avenue and on Highway 3 north of St. Joseph's Catholic Church following south to County Road 42 is being researched. The estimated cost for all is $30,000. Jilk advised that the Jaycees have already given a donation. Fund raising letters will be sent to all businesses in Rosemount. A sample of a lighting decoration will be available at Loch Pharmacy. Administrator Stephan Jilk reviewed the proposal received from Barr Engineering for consulting services for the City with regards to the USPCI Waste Containment Facility Project. Jilk advised Barr Engineering reviewed for the City the Storm Water Management Plan submitted by USPCI and recommended that Barr continue to be involved in the permit review process for the City. MOTION by Napper to approve Barr Engineering for 1)Waste Screening and Acceptance Process 2) Impact on Area Aesthetics 3) Impact on City Services 4) Overview of EIS Draft and Final 5) Detailed Review of Specific Components of Permit Application with the cost reimbursable by USPCI. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen. Nays: 0. Administrator Jilk recommended that Council approve the proposed Ervasti appeal settlement on the Hawkins Pond Assessment. See Clerk's File 1990 -16. MOTION by Napper to approve the proposed settlement of the appeal for the Hawkins Pond Assessment on Parcel #34- 03010 -010- 54 and to direct that the adjusted assessment be noted with the Dakota County Auditor. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Administrator Stephan Jilk advised he has been contacted by Faye Thompson from the University of Minnesota who informed the administrator of the approval to proceed on the removal of 2000 yards of soil contaminated with lead in the area north of the Minneapolis Bomb Squad area. The soil will be taken to either Oklahoma or Alabama depending on bids. Plans to remove the PCB contamination were approved also, but it is being postponed by the Environmental Protection Agency. The Legislature has provided funds for this. Administrator Jilk presented some information on the Blandin Foundation which provides leadership training for communities. Its concept includes a week long seminar with two follow -up weekend seminars about six months apart. A representative from the Blandin Foundation will present their program to Council at the June 19th meeting. 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 1990 MOTION by Napper to adjourn the meeting. SECOND by Willcox. Ayes: 4. Nays: 0. ATTEST: Stephd'n Jilk City Administrator Published this J day of Tribune. Respectfully submitted Linda Jentin Recording Secretary 7 1990 in Dakota County ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 7, 1990 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Thursday, June 7, 1990, at 7:00 p.m. in the Council Chambers of the City Hall. Acting Mayor Wippermann called the meeting to order with Council Members Willcox and Klassen present. Mayor Napper and Council Member Oxborough were absent. Acting Mayor Wippermann led the group in the Pledge of Allegiance. Acting Mayor Wippermann advised the purpose of the Special Council Meeting was to inform residents of the proposed Collector and Local Street Reconstruction and /or Assessment Policies the City Council is considering to adopt. The meeting will also allow Council to receive input from the residents and discussion by Council. Acting Mayor Wippermann invited residents to ask any questions they may have regarding these proposed policies. City Engineer Rich Hefti first reviewed the Collector Street Reconstruction and /or Resurfacing Assessment Policy. Hefti showed an overview of the city which designated the collector street service districts to be used for determining assessment areas for collector street reconstruction or resurfacing projects. The criteria for determining these districts was also explained. The city engineer provided examples of costs for collector street reconstruction and resurfacing and explained assessment rate determination. An overview was provided showing how assessments to residents and city costs are affected when reconstruction and 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 7, 1990 resurfacing projects involve Minnesota State Aid streets or county collector or arterial roads. See Clerk's File 1990 -17. City Engineer Rich Hefti next reviewed the Local Street Reconstruction and /or Resurfacing Policy. Hefti explained the proposed assessment area and assessment rate determination and the rationale used for determining this policy. See Clerk's File 1990 -17. General discussion was held on whether the recommended assessment policy proposed in the collector street reconstruction policy should be used for major street reconstruction projects such as 145th Street and Highway 3, or whether other methods would be more appropriate or feasible. The city engineer will prepare for Council review different scenarios for such a reconstruction project by using different variables for assessments, costs and design life of such a street. MOTION by Willcox to adjourn. SECOND by Wippermann. Ayes: 3. Nays: 0. Respectfully submitted, s�l.c -ary� Susan M. JoKnson, City Clerk Stephan .ilk, Cit Administrator Published this 51?-day of 1990 in Dakota County Tribune. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 19, 1990 Pursuant to due call and a notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, June 19, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Acting Mayor Wippermann called the meeting to order with Council Members Oxborough and Klassen present. Mayor Napper and Council Member Willcox were absent. Acting Mayor Wippermann led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 19, 1990 The agenda was amended to include Item 3(c) Haunted Woods Event at Carrolls Woods; Item 3(d) Resource Recovery Project Discussion by Representative Dennis Ozment; and Item 9(c) Resource Recovery Project Update by Administrator Stephan Jilk. Joseph Walsh, Chairperson of the Halloween /Haunted Woods Committee, advised the committee is concerned about being able to use Carrolls Woods Park for the Haunted Woods event this year. Walsh advised that because of ongoing discussions between the Parks and Recreation Committee and some of the residents adjacent to Carrolls Woods as to whether the usage of the park conforms with the conditions of the grant given to the City when the City purchased the park several years ago, the committee requested Council action to confirm their use of the park for this event. Parks Recreation Director David Bechtold advised the Parks and Recreation Committee at their last meeting did not make a motion to endorse continued use of the park for the Halloween activity since it was the consensus of the Parks and Recreation Committee the Haunted Woods activity would take place in the park as in past years. Bechtold further advised discussion on the development of Carrolls Woods would take place as part of the review of the proposals for the parks and open space planning and design project. Ron Jacobson, 3647 143rd Street West, advised he was not opposed to the Haunted Woods activity in the park this year and requested an update on the status of the permitted use in the park. See Clerk's File 1990 -18. MOTION by Wippermann to approve the use of Carrolls Woods for the Rosemount Halloween Party and Haunted Woods activities. SECOND by Oxborough. Ayes: Wippermann, Oxborough, Klassen. Nays: 0. State Representative Dennis Ozment provided an update to Council with regards to legislative activities concerning the Dakota County Resource Recovery project. The state representative advised several legislators requested the Metropolitan Council to take the position of coordinator in the metropolitan area with regards to waste flow since these legislators felt another waste to energy facility was not needed in the metropolitan area at this time. Ozment advised the County Board of Commissioners selected on this date the University of Minnesota Rosemount Research Center property as the site for the Resource Recovery Project. Ozment invited the City Council to provide to him future input, comments or actions taken by the Council regarding this project. Steve Strese was recognized for his promotion to a Maintenance III position. Newly hired employees, Jim Koslowski, Building Trades II, and Grant Thorstad, Patrol Officer, were introduced to Council. Steve Strese was congratulated on his recent promotion, and Jim Koslowski and Grant Thorstad were welcomed as new staff members. Chairperson for the Leprechaun Days Committee Joseph Walsh reviewed the temporary street closing dates and times with Council for Leprechaun Days. It was noted formal action by Council for the 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 19, 1990 temporary street closings as outlined by Walsh would be considered under the Consent Agenda. Chairperson Walsh announced several donations received by the Leprechaun Days Committee and subsequent purchases which would be shared with the City. Walsh presented to the Council a plaque signifying a certificate of appreciation in recognition of the City's contributions and cooperation and efforts extended by city staff for Leprechaun Days. Chairperson Walsh also invited the Council to actively participate in the Leprechaun Days events. Acting Mayor Wippermann, on behalf of the Council and City, thanked the Leprechaun Days Committee for their hard work, the certificate of appreciation and the generous donations. See Clerk's File 1990- 18. Acting Mayor Wippermann suspended the regular agenda to allow the Council to conduct a public hearing scheduled at this time. Acting Mayor Wippermann opened the public hearing to consider the application received from Parker Communications for an interim use permit for an A.M. radio antennae facility. The city clerk presented for the record the Affidavit of Publication and Affidavit of Posted and Mailed Hearing Notice. See Clerk's File 1990 -18. Community Development Director Dean Johnson reviewed the Interim Use Permit Agreement and Resolution which would allow the applicant, Parker Communications, to construct an A.M. radio antennae system which would consist of four A.M. radio antennae towers of approximately 356 feet. The towers would be located on properties situated north and east of State Trunk Highway 55. Johnson advised staff are in the final stages of discussion with the applicant and recommended that action on the Interim Use Permit Application be tabled until the final agreement can be submitted for approval. Representatives of Parker Communications advised Council they were in concurrence with city staff's report and believed an agreement could be reached on the few remaining items of the proposed agreement. See Clerk's File 1990 -18. There were no comments or concerns heard from the audience. MOTION by Oxborough to close the public hearing. SECOND by Wippermann. Ayes: Oxborough, Klassen, Wippermann. Nays: 0. Regular agenda discussion continued at this time with discussion of the Consent Agenda. Council concurred the minutes of the June 5, 1990 Regular Council Meeting should be amended to reflect that paragraph 9, page 1, should read sale of the old Armory building in Minneapolis. See Clerk's File 1990 -18. MOTION by Wippermann to approve the Consent Agenda as amended. SECOND by Klassen. Ayes: Klassen, Wippermann, Oxborough. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 19, 1990 Council reviewed a work program developed by city staff and a proposal from Hoisington Group, Inc. for the complete revision to the Comprehensive Guide Plan. See Clerk's File 1990 -18. MOTION by Wippermann to approve the proposal from Hoisington Group, Inc. to assist the City in the complete revision of the Comprehensive Guide Plan. SECOND by Klassen. Ayes: Wippermann, Oxborough, Klassen. Nays: 0. Lieutenant Lyle Knutsen reviewed the format utilized for filling the Lieutenant vacancy as the result of Knutsen being promoted to the position of Police Chief. Lieutenant Knutsen recommended the promotion of Dwayne K. Kuhns to the position of Lieutenant effective June 24, 1990 and outlined the basis for this recommendation. See Clerk's File 1990 -18. MOTION by Wippermann to appoint Dwayne K. Kuhns as Lieutenant effective June 24, 1990 for the Rosemount Police Department. SECOND by Klassen. Ayes: Oxborough, Klassen, Wippermann. Nays: 0. Administrator Stephan Jilk conducted the swearing in of Lieutenant Dwayne K. Kuhns and gave Lieutenant Kuhns his insignia for the rank of Lieutenant. Council congratulated Lieutenant Kuhns on his promotion. Lieutenant Lyle Knutsen recommended that Jewel Chester Ericson, Jr. fill the position of Patrol Sergeant. Knutsen outlined Ericson's favorable background and experience as a patrol officer which Knutsen advised provided the support for his recommendation. See Clerk's File 1990 -18. MOTION by Oxborough to approve the promotion of Jewel Chester Ericson, Jr. to the position of Patrol Sergeant effective June 24, 1990. SECOND by Wippermann. Ayes: Klassen, Wippermann, Oxborough. Nays: 0. Administrator Stephan Jilk conducted the swearing in of Patrol Sergeant Ericson and gave Patrol Sergeant Ericson the insignia for the rank of Sergeant. Consulting Engineer Steve Campbell of SEH reviewed the feasibility report for 160th Street Watermain Alternate Route which would provide for the installation of approximately 6,300 linear feet of 12 inch trunk watermain and appurtenances between Chippendale Avenue and Biscayne Avenue. Campbell reviewed the costs of the project. City Engineer Rich Hefti recommended that Council set a public hearing to consider Option B of City Project 213 for Tuesday, July 3, 1990, at 8:00 p.m. at City Hall. See Clerk's File 1990 -18. MOTION by Wippermann to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT OF CITY PROJECT 11213, OPTION B, 160TH STREET WATERMAIN ALTERNATE ROUTE. SECOND by Klassen. Ayes: Wippermann, Oxborough, Klassen. Nays: 0. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 19, 1990 MOTION by Oxborough to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING, 160TH STREET WATERMAIN ALTERNATE ROUTE, CITY PROJECT #213, OPTION B. SECOND by Klassen. Ayes: Oxborough, Klassen, Wippermann. Nays: 0. City Engineer Rich Hefti reviewed with Council the Plans and Specifications for Shannon Parkway and Dodd Boulevard Bituminous Walkways and requested authorization to advertise for bids with a bid opening on July 11, 1990, at 11:00 a.m. The projects will include the extension of the Shannon Parkway Trail from Jaycee Park to 160th Street on the west side of Shannon Parkway and on the east side of Shannon Parkway from 156th Street West to Cornell Trail. The plans and specifications also provided for the construction of trail on the south side of Dodd Boulevard from Carrollton Additions to Chrome Avenue. Discussion ensued by Council regarding the possibility of installing pedestrian crossing signs on Dodd Boulevard in the vicinity of the Tom Thumb Store. Council requested that staff notify the affected residents before the projects begin. See Clerk's File 1990 -18. MOTION by Wippermann to approve the Plans and Specifications for City Contract 1990 -2, Shannon Parkway Dodd Boulevard Bituminous Walkways. SECOND by Klassen. Ayes: Klassen, Wippermann, Oxborough. Nays: 0. MOTION by Wippermann to authorize advertisement of bids for City Contract 1990 -2 with a bid opening on July 11, 1990, at 11:00 a.m. at City Hall. SECOND by Klassen. Ayes: Wippermann, Oxborough, Klassen. Nays: 0. City Administrator Stephan Jilk advised in the near future he will provide suggested dates for special council meeting workshop sessions for the purpose of discussing Goal No. 5 and the proposed 1991 Operating Budget. City Administrator Stephan Jilk advised the Blandin Foundation presentation will be given at the July 17, 1990 Council Meeting. City Administrator Stephan Jilk reviewed with Council the action taken by the Dakota County Board of Commissions with regards to selecting the University of Minnesota Research Center property as the site for the Dakota County Resource Recovery Facility. The administrator handed out copies of the Request for Board Action and Resolution adopted by the County Board of Commissioners. The administrator suggested that a Council work session be scheduled in the very near future for the purpose of discussing the City's involvement as a result of the County Board determining the facility will be located in Rosemount. See Clerk's File 1990- 18. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 19, 1990 MOTION by Wippermann to adjourn. SECOND by Klassen. Ayes: 3. Nays: 0. ATTEST: tephan %Jilk, Ci Administrator Published this lg &day of Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 21, 1990 1 Respectfully s bmj.tted, R4 fC Susa son, City Clerk 1990 in the Dakota County Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Thursday, June 21, 1990, at 7:00 p.m. in the Student Center at Rosemount High School, Rosemount, Minnesota. Mayor Napper called the meeting to order with Council Members Wippermann and Klassen present. Council Members Oxborough and Willcox were absent. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper opened the public hearing scheduled at this time to consider 145th Street Improvements, Part A, City Project 206. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. Consulting Engineer Bud Osmundson from OSM identified the project which provides for the reconstruction of 145th Street between Cameo Avenue and Chippendale Avenue, the realignment of the Chili and Chippendale Avenues intersection with 145th Street and the reconstruction of Chili Avenue from 145th Street to the school district's south boundary. The project includes the construction of sanitary sewer, watermain, storm drain, street, sidewalk /trail and lighting facilities. The consulting engineer reviewed the estimated cost for each of the proposed improvements and the general street assessment area. See Clerk's File 1990 -19. City Engineer Rich Hefti reviewed three options available for consideration as part of City Project 206 which are: (1) replace deteriorated streets and sidewalks; (2) replace deteriorated streets and sidewalks and bury overhead lines or (3) replace deteriorated streets and sidewalks and bury overhead lines and include decorative lighting. City Engineer Hefti reviewed the costs associated with each of the three options. See Clerk's File 1990 -19. Hefti reviewed the assessment area and method proposed to be used for this project. Hefti advised the assessment method is based on past city practices for assessing collector street projects as well as a formal collector street reconstruction policy the City Council is presently considering for formal adoption. Hefti advised a Northern States Power representative has informed him the hookup charge would be approximately $100 to $300 if the power lines were buried. Several residents in the audience had questions for the city engineer and the consulting engineer. Several residents objected to different aspects of the project which included bearing the entire costs of the proposed realignment of Chippendale and Chili Avenues at 145th Street, bearing the entire cost of having the overhead power lines buried or being forced to pay hookup charges for the buried power lines, the proposed assessment method, proposed drainage improvements, as well as objecting to the entire project. Residents also requested the city disallow school buses from using Chili Avenue and that signal lights be considered at the intersection of Chili and Chippendale Avenues and 145th Street. Council reached a consensus the public hearing should be continued until it is determined what the costs will be to residents for hooking up to service if the overhead power lines are buried and additional cost information on the sanitary sewer and storm drain improvements. City Engineer Hefti advised a letter will be furnished to each property owner in the proposed assessment area advising the property owner of the continued public hearing date and further correcting the proposed estimated assessment amount and construction cost that were included in the Public Notice. MOTION by Napper to continue the public hearing for the 145th Street Reconstruction Project, from Cameo Avenue to Chippendale Avenue until Tuesday, July 17, 1990, at 8:00 p.m., in the Council Chambers at City Hall. SECOND by Klassen. Ayes: Klassen, Napper, Wippermann. Nays: 0. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 3. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 21, 1990 Resp ful sub�itte d, uS an M. ohn o City Clerk S ep an Wilk, Cit, Administrator Published this /2 day of 1990 in the Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 26, 1990 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 26, 1990, at 7:00 p.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with Council Members Oxborough and Klassen present. Council Members Willcox and Wippermann were absent. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper advised the purpose of the Special Council Meeting was to inform residents of the proposed armory by reviewing different aspects of the project as well as to receive input and comments from the residents with regards to the armory project and the proposed special levy. Mayor Napper welcomed the audience to participate in the public hearing process and to present questions of clarification at any time throughout the hearing. Mayor Napper recognized General John H. Cox and other representatives of the Minnesota Army National Guard present in the audience. The city clerk presented for the record the Affidavits of Publication and Posted Notice pertaining to the Notice of Public Hearing to Consider Proposed Special Tax Levy for Funding of an Armory and Resolution 1990 -41, A Resolution Approving A Special Tax Levy for Funding of an Armory and Calling for a Public hearing. Administrator Stephan Jilk reviewed the requirements of the special legislation passed at the 1990 Legislative Session to allow the City to levy up to $95,000 a year for the purpose funding the city's share of the armory cost. Jilk advised residents may request the City to hold a referendum on the special levy by registering a petition with the County Auditor. The petition must represent ten percent of the number of voters at the last general election. Administrator Stephan Jilk provided a chronological summary of the City's involvement with the armory project beginning in 1985 when the Minnesota Army National Guard initially contacted the City to present date. Jilk further reviewed the location of the armory site which consists of approximately 13 acres on Highway 3 just north of Rosemount High School. The administrator advised the Guard has proposed the unit to be a Division Headquarters Armory to be utilized by the 47th Viking Division Band, the Division Military Police and the General Headquarters for Personnel, with approximately 35 to 40 full time employees and up to 600 personnel on weekends. Administrator Jilk reviewed the proposed size of the armory and the approximate square footage of each of the facilities proposed to be included in the project as well as those facilities which could be used for community activities. The administrator showed an overview to compare the cost of constructing the different 1 ATTEST: eph. Jilk, Cx%y Administrator Published this te day of Tribune. 2 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 26, 1990 facilities being considered with and without the assistance of the Guard and the cost differences between smaller armory initially proposed by the Guard and the larger armory currently being considered. Jilk informed the audience of the total costs of the armory, the city's share of the cost and the cost to the average homeowner if the special levy was certified to the county. General Cox and Administrator Jilk answered several questions from the audience. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen. Nays: 0. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 3. Nays: 0. Respectfully submitted, Susan son, City Clerk 1990 in the Dakota County ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 3, 1990 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 3, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 10(b) Update on Lead Contamination Clean -up at University of Minnesota property. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 3, 1990 Administrator Stephan Jilk referred to a letter received from Bernard E. Szczesniak, dated July 2, 1990, which requested clarification that Council action in accepting his resignation from the Fire Department reflect his retirement after 11 years and 4 days of service. Council unanimously concurred with this clarification and noted their appreciation of Szczesniak's many years of service on the Fire Department. See Clerk's File 1990- 21. Item 4(1) of the Consent Agenda was moved to be discussed under Old Business Item 5(d). MOTION by Napper to approve the Consent Agenda with the removal of Item 4(1). SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -21 Council reviewed the final draft of the Interim Use Agreement between Parker Communications, Inc. and the City of Rosemount for the construction of an A.M. radio antenna system consisting of four A.M. radio towers to be located on properties situated north and east of State Trunk Highway 55. See Clerk's File 1990 -21. MOTION by Wippermann to approve the Interim Use Agreement between Parker Communications, Inc. and the City of Rosemount and to authorize the necessary signatures. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR THE PARKER COMMUNICATIONS KTCJ -AM RADIO ANTENNA PROJECT. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Community Development Director Dean Johnson presented for Council action an ordinance setting out the sign provisions of the Zoning Ordinance and a summary of the content of the sign provision ordinance. Johnson recommended publishing the summary in the City's official newspaper and mailing the new sign provisions to the entire business community. Johnson requested authorization to mail the new sign ordinance to the entire business community as well as a memorandum advising businesses city staff will begin inventorying non conforming signs. Johnson estimated an inventory would take approximately three months which would allow a grace period before notices would be issued to non conforming sign owners. Johnson also suggested information on the new sign provisions be included in the next city newsletter. Johnson advised copies of permits for temporary signs and a resolution setting fees will be presented at the next regular Council meeting. Council discussed the final draft of the sign ordinance provisions, the fee schedule, the process for temporary permitted signs and minor errors. See Clerk's File 1990 -21. MOTION by Willcox to adopt ORDINANCE NO. B -5, AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE and to approve publication of the Summary of Content of Ordinance B -5. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 3, 1990 MOTION by Willcox authorizing distribution of copies of the sign provisions and memorandum, outlining the procedures to inventory and provide notice of compliance for non conforming signs, to all business in the community. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Administrator Stephan Jilk requested Council approval to concur with County officials' suggestion to construct this year the bike /pedestrian trail on the south side of County Road 42 from Highway 3 to Chippendale Avenue together with the construction of the trail on the north side from Highway 3 to Diamond Path. Jilk advised the city had proposed to construct the south trail as development occurred, but since the County proposed to bill the City for the south trail in 1991, Jilk felt construction at this time was feasible. See Clerk's File 1990 -21. Mayor Napper suspended the regular agenda to allow Council to conduct a public hearing scheduled at this time. Mayor Napper opened the public hearing to consider a rezoning from AG Agriculture to R -1 Single Family Residential of the proposed Wensmann Fifth Addition. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -21. Community Development Director Dean Johnson advised the proposed development consists of 38 single family lots and represents the final phase of the 208 unit Wensmann Additions Planned Unit Development Agreement. Members of Council commented on the proposed lots with 75 foot frontage and expressed concerns the proposed final plat does not meet the 80 foot minimum frontage requirement of the recently adopted Zoning Ordinance. Johnson noted that the "vested rights" provision in the Wensmann PUD had expired, and the City could require compliance under the new ordinance. He noted, however, that the PUD Agreement also required additional sideyard setbacks to guarantee maximum structure separation. He noted further, that only eight of the 36 lots were less than 80 feet in width. See Clerk's File 1990- 21. Members in the audience did not comment or oppose the rezoning petition. MOTION by Oxborough to close the public hearing. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Oxborough to adopt ORDINANCE NO. B -6, AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Mayor Napper opened the public hearing scheduled at this time to consider City Project 213, Option B, 160th Street Watermain Alternate Route. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 3, 1990 The city clerk presented for the record the Affidavit of Posted and Mailed Hearing Notice and Affidavit of Publication. See Clerk's File 1990 -21. City Engineer Rich Hefti advised the purpose of the hearing is to evaluate an alternate route to provide watermain to properties east of Highway 3 and north of 160th Street as an alternative to the original alignment considered by Council at the public hearing held an June 5, 1990. Consulting Engineer Steve Campbell of SEH provided an overview and estimated costs for Project 213 and Project 213B. See Clerk's File 1990 -21. City Engineer Rich Hefti advised the alternate route would allow more benefit to a greater amount of property and reduce the amount of contribution from the watermain core facility fund. Hefti reviewed a cost comparison between the two projects indicating which properties would be assessed and the portion of the cost the City would be responsible for from the core facility fund. Hefti reviewed the proposed assessment method and rates and compared the proposed assessment costs of the two options. See Clerk's File 1990 -21. The majority of affected property owners in attendance at the public hearing stated their opposition to Project 213, Option B. MOTION by Napper to close the public hearing. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Willcox to adopt A RESOLUTION FOR APPROVAL OF 160TH STREET WATERMAIN, CITY PROJECT #213. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Willcox to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR 160TH STREET WATERMAIN, CITY PROJECT #213. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. A recess was called at 8:55 p.m. with the meeting continuing at 9:10 p.m. Regular agenda discussed resumed at this time. City Engineer Hefti reviewed with Council the plans prepared by County staff for the pedestrian /bike trails on County Road 42. Following discussion, Council felt consideration should be given to assessing the costs of the south trail and directed staff to development an assessment policy for trails as well as an overall trail maintenance policy. Council agreed residents should be made aware of city policy regarding trail maintenance and requested an article be included in the fall issue of the city newsletter. 4 MOTION by Willcox to approve the County's proposal to construct the trail on the north side of County Road 42 from Highway 3 to Diamond Path and to construct the segment of trail on the south side of County Road 42 from Highway 3 to Chippendale Avenue. SECOND by Oxborough. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Willcox to direct staff to prepare an assessment policy and an maintenance policy for pedestrian /bike trails. SECOND by Klassen. Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 3, 1990 MOTION by Napper to adopt A RESOLUTION APPROVING THE WENSMANN FIFTH ADDITIONAL FINAL PLAT. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1990 -21. Council discussed the recommendation received from staff to order the feasibility report for Shannon Hills 2nd Additions, City Project #216. Discussion ensued between Council and staff regarding staff's rationale for going ahead with phases of pending developments, with regards to lot frontage widths, that do not comply with the current Zoning Ordinance. Johnson noted that the PUD Agreement for Shannon Hills had a five -year vested rights provision, protecting the development from plan or ordinance changes. Similar to the Wensmann PUD, the City had required additional sideyard setbacks in exchange for lot width concessions. Johnson also noted the PUD Agreement requires oversized lots in exchange of the narrower lots. Johnson stated his opinion that the flexibility the PUD procedures provide are working well and are consistent with the ordinances and the public's interest. See Clerk's File 1990 -21. MOTION by Napper to adopt A RESOLUTION RECEIVING PETITION AND ORDERING THE FEASIBILITY REPORT FOR SHANNON HILLS 2ND ADDITION STREET IMPROVEMENTS, CITY PROJECT 1216. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Napper to adopt A RESOLUTION RECEIVING PETITION AND ORDERING THE FEASIBILITY REPORT FOR SHANNON HILLS 2ND ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #216. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Council reviewed information received from the Dakota County Housing and Redevelopment Authority in reference to the Low Income Housing Tax Credit Program being proposed for use at the Cimarron Village Townhouses. City Administrator Stephan Jilk advised Council has the opportunity to comment on the use of these funds for the Cimarron Village project prior to the Dakota County HRA Board Meeting on July 10, 1990. Jilk informed Council the Rosemount Economic Development Authority (EDA) took action this evening in support of financing for the project. A member of Council felt it should be determined whether the Shannon Park Townhomes project is fully occupied before other multiple housing projects are considered. See Clerk's File 1990 -21. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 3, 1990 MOTION by Napper to support the use of funds which may be allocated through the Low Income Housing Tax Credit Program for the Cimarron Village Townhouses. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: Oxborough. City Administrator Stephan Jilk presented for Council approval the proposal received from Barr Engineering regarding the estimate of costs and expanded scope of work in reviewing USPCI financial assurances. Jilk advised this proposal supplements Barr's previously submitted proposals which did not include a comprehensive review of the USPCI cost estimates for closure, post closure care and contingency action. See Clerk's File 1990 -21. MOTION by Willcox to approve the proposal by Barr Engineering to complete the review and present recommendations on the financial assurance proposals by USPCI, Inc. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Council and the city administrator discussed dates for special meeting workshops. Council will submit to the administrator dates they are not available during the coming months. City Administrator Jilk advised the University of Minnesota received approval by the MPCA to clean up the lead contaminated soil by a new method. This method would allow the University to excavate the contaminated soil and haul the soil to a landfill in Alabama. Jilk advised the hauling away of approximately 2600 yards of materials should be accomplished by the middle of July, 1990. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. Clerk ATTES Respectfully submitted, Steph n Jilk, ty Administrator Published this ts day of 70, 1990 in Dakota County Tribune. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 1990 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 17, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 3(c) Flower Garden Update by Deanna Simpson and Item 11(c) Disciplinary Action Against a Probationary Employee. Deanna Simpson provided an update on the flower garden project which is located adjacent to City Hall and Erickson Park. Simpson thanked the City Council for their support and for approving the site. She also thanked the various volunteers who worked on the garden; residents and business owners who donated money, flowers, bulbs and materials; and the city staff for their many hours of time spent on the garden. Simpson commented on the overall cooperative effort by those involved in the project. Council thanked Deanna Simpson for all her hard work in coordinating the successful project and the beautiful addition to the City. Alan Judd of the Blandin Foundation provided an overview of the Community Leadership Program which would allow eight persons from Rosemount, along with persons from Farmington and Northfield, to attend a six -day leadership retreat and two follow -up workshops. See Clerk's File 1990 -22. Mayor Napper opened the public hearing to consider the 145th Street Reconstruction, Part A, Project which was continued from the hearing held on June 21, 1990. City Engineer Rich Hefti noted a letter was sent to the affected residents advising them a recommendation would be made to continue the public hearing and also correcting the estimated cost of the project from $210,000 to $381,600. Council concurred this hearing should be continued until the proposed street reconstruction policy is adopted. See Clerk's File 1990 -22. MOTION by Napper to continue the 145th Street Reconstruction Improvements, Part A Project to Tuesday, September 18, 1990, at 8:00 p.m. in the Council Chambers at City Hall. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -22. Mayor Napper opened the public hearing scheduled at this time to consider the Pine Bend Development 1st Addition Preliminary Plat. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -22. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 1990 Community Development Director Dean Johnson reviewed the proposed preliminary plat which will consist of 38.6 acres for the Parker Communications A.M. Radio Communications Facility Project, a 7.2 acre parcel on the south side of Highway 55 and a 136.5 acre parcel on the north side of Highway 55. Johnson advised the Planning Commission found the preliminary plat meets all zoning and subdivision ordinance requirements and recommended Council approval subject to three recommendations by the city engineer. See Clerk's File 1990 -22. Members of the audience offered no comments or objections with regards to the proposed preliminary plat. MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Napper to adopt A RESOLUTION GIVING APPROVAL TO THE PINE BEND DEVELOPMENT CO. 1ST ADDITION PRELIMINARY PLAT AND SETTING OUT CONDITIONS FOR FINAL PLAT APPROVAL. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Mayor Napper opened the public hearing to consider Project #214, Birchview Terrace Street and Utility Improvements. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -22. City Engineer Rich Hefti provided a brief background of the project advising the City had received a petition for improvements from residents in the area representing more than 357 of the benefitted property. Hefti further reviewed two similar projects in Apple Valley and Eagan. Both projects contained relatively large lots that had their own wells and septic system with gravel road access, and the property owners were assessed 100 percent of the cost to install sewer, water and streets. See Clerk's File 1990 -22. Consulting Engineer Bud Osmundson from OSM reviewed the scope of the project by reviewing the proposed construction of sanitary sewer and water service to the area and bituminous surfaced streets with concrete curb and gutter and storm drain facilities on Danville Avenue, 135th Street and 136th Street. The total estimated cost if $639,200. Osmundson advised homeowners will have an additional $1,000 to $3,000 per lot for extending sewer and water service into the homes from the property line. City Engineer Hefti reviewed the recommended assessment procedure for this project. Hefti recommended assessing 34 units, which included 2 lots or 8 units in the LeForet Addition, at an estimated per lot cost of $18,000. City Engineer Hefti recommended approving the project based upon present and future septic systems and wells not meeting city requirements, and the ongoing maintenance and safety problems caused by the erosion problems on Danville Avenue. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 1990 City Building Official Ron Wasmund answered several questions from Council and the audience regarding individual private wells and septic systems. Engineers Hefti and Osmundson answered several questions from the audience. No one in the audience indicated he /she was in favor of the project as proposed. Several residents objected to the project, and suggestions were made to Council to allow the residents to meet among themselves in an attempt to reach a solution on how to handle the erosion and sewer problems. Some residents indicated they were in favor of paving the streets. MOTION by Oxborough to close the public hearing. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Following discussion, Council concurred the residents should meet with themselves and with city staff to determine what improvements they would include in an improvements project to resolve the sewer and erosion problems in this area. MOTION by Napper to not order City Project 214 as presented at the public hearing. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. A recess was called at 10:15 p.m. with the meeting continuing at 10:30 p.m. Community Development Director Dean Johnson requested approval to submit an Application for Funds for a Neighborhood Preservation Home Improvement Loan to the Minnesota Housing Finance Agency (MHFA). Johnson advised the City would contribute at least 25 percent of the amount of each loan committed by MHFA, and the funds would come from previously approved projects from the Dakota County HRA's Housing Tax Increment Financing District. See Clerk's File 1990 -22. MOTION by Napper to adopt A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR FUNDS FOR A NEIGHBORHOOD PRESERVATION HOME IMPROVEMENT LOAN PROGRAM THROUGH THE MINNESOTA HOUSING FINANCE AGENCY. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Napper to approve the Consent Agenda subject to Item 4(j) Adopt Resolution of Support for Home Improvement Program discussed and approved under Department Heads Reports /Business Item 3(b). SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. See Clerk's File 1990- 22 MOTION by Willcox to approve the Rosemount Star City "One and Five Year Plans" and direct the Rosemount Star City Committee to forward this document to the Department of Trade and Economic Development, Star City Program officials for review and approval. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 1990 SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1990 -22. Council concurred with the draft letter, which will have attached a copy of the sign provisions adopted by Council on July 3, 1990, that will be sent to community businesses and further concurred with the draft permit application for temporary signs. Community Development Director Johnson recommended adopting the schedule of fees established by the State Building Code. Johnson noted there are no fees for temporary signs. See Clerk's File 1990 -22. Motion by Napper to adopt A RESOLUTION ESTABLISHING SIGN PERMIT FEES. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Council reviewed the three bids received for the demolition of structures on properties acquired for the purpose of slum and blight clearance by the City and the Economic Development Authority. The low bid was received from Carl Bolander Sons Co. in the amount of $19,820 for the three properties. See Clerk's File 1990 -22. MOTION by Napper to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE DEMOLITION OF CERTAIN PROPERTIES IN THE CITY OF ROSEMOUNT. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. City Engineer Rich Hefti presented the bids received for Shannon Parkway /Dodd Boulevard Bituminous Walkway, City Contract 1990 -2 and recommended awarding the bid to the lowest responsible bidder, Bituminous Consulting and Contracting, Inc., in the amount of $35,864.50. City Engineer Hefti informed Council the City will be reimbursed 100 percent by State Aid for the construction costs. Council also reviewed the request from city staff to authorize the expenditure of $4,450 for acquisition of an easement for the Dodd Boulevard bike trail. See Clerk's File 1990 -22. MOTION by Wippermann to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR SHANNON PARKWAY /DODD BOULEVARD BITUMINOUS WALKWAY, CITY PROJECT #215. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Wippermann to authorize the city attorney to complete the required negotiations on the easement acquisition for Dodd Boulevard bike trail in the amount of $4,450 and to authorize the necessary signatures on the easement agreement. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Consulting Engineer Steve Campbell of SEH reviewed the feasibility report for Valley Oak Pond Outlet, City Project #197, regarding the management of the storm runoff contributing to the Valley Oak Pond, Outlot B, located in the Valley Oaks Addition and also the two downstream ponding areas located immediately to the south. The estimated cost for storm sewer construction and pond grading improvements is $210,000. See Clerk's File 1990 -22. 4 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 1990 MOTION by Willcox to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT, VALLEY OAK POND OUTLET IMPROVEMENTS, CITY PROJECT 1197. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Klassen to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR VALLEY OAK POND OUTLET IMPROVEMENTS, CITY PROJECT 1197. SECOND by Napper. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Klassen to authorize an appraisal for determining costs for acquiring easements for Project #197. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0 MOTION by Willcox to support the additional staffing at the Association of Metropolitan Municipalities (AMM) for 1991 as outlined in President Larry Bakken's memorandum dated July 2, 1990. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -22. The Council reviewed the Dakota County 1991 -1995 Capital Improvement Program (CIP) received by the City, and City Engineer Hefti's comments regarding certain improvement projects scheduled within the City during this time period. The Council unanimously concurred with Hefti's comments. See Clerk's File 1990 -22. City Engineer Hefti informed Council that Bob Barfknecht, a Mechanic I, applied for the Maintenance I position recently posted. Hefti requested approval of Barfknecht filling the Maintenance I position and advertising for a Mechanic I. See Clerk's File 1990 -22. MOTION by Oxborough to approve Bob Barfknecht filling the Maintenance I position and to authorize advertisement for the Mechanic I position. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Stephan Jilk commented on the vacancy on the Rosemount Economic Development Authority (EDA) and recommended a council member consider filling this position. Council Member Harry Willcox indicated his desire to fill this vacancy. See Clerk's File 1990 -22. MOTION by Napper to approve the appointment of Harry Willcox to the Rosemount Economic Development Authority to fill the position vacated by Rollan Hoke. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to authorize staff to thank the residents who had applied and to relay the vacancy has been filled by a council member. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 1990 Mayor Napper proclaimed JULY 20 TO JULY 29, 1990 LEPRECHAUN DAYS TENTH ANNIVERSARY WEER AND LEPRECHAUN DAYS VOLUNTEERS' WEEK. Council concurred with Mayor Napper's suggestion to have staff investigate the concept of the City having an annual recognition for all city volunteers. See Clerk's File 1990 -22. City Administrator Jilk reviewed with Council a revised meeting schedule for special workshop sessions. Council concurred with the schedule and agreed to a 6:30 p.m. to 9:00 p.m. time schedule for the special meetings listed. See Clerk's File 1990 -22. City Administrator Jilk provided an update with regards to the Chamber of Commerce fund raising program for the downtown Christmas decorations and streetscape banner project. Jilk presented one of the new banners which will be hung in the downtown area. Jilk advised the estimated cost to complete the entire project is set at $30,000 which includes an estimated cost of $4,500 for lights and a large Christmas wreath at City Hall. Jilk requested an expenditure of an amount not to exceed $3,000 for the lights and electrical work necessary to decorate the large pine trees at City Hall. Jilk advised the lights would then be utilized for an annual Christmas tree lighting event for the community. See Clerk's File 1990 -22. MOTION by Willcox to authorize up to $3,000 for Christmas tree lights and electrical work. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. City Administrator Stephan Jilk presented for Council action the dismissal of a probationary employee. Jilk advised Robert Raddatz was hired as Public Works Foreman under a six month probationary period; but based upon performance evaluations, his probationary period had been extended. Jilk noted Raddatz' one year anniversary date is August 1, 1990. Jilk stated that based upon a recommendation received from Raddatz' immediate supervisor, Rich Hefti, and performance evaluations conducted by Hefti, it is recommended that Council discontinue the employment of Raddatz effective July 31, 1990. City Administrator Jilk further recommended the promotion of Michael Widstrom to the position of Public Works Foreman, effective July 18, 1990, with a six month probationary period. Jilk noted Widstrom is currently employed with the City as a Maintenance III. MOTION by Oxborough to approve the dismissal of Robert Raddatz as public works foreman for the City of Rosemount. SECOND by Napper. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Oxborough to promote Michael Widstrom to the position of Public Works Foreman effective July 18, 1990, under a six month probationary period. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. 1 ATTEST: Jilk, 'y Administrator Published this /6a day of Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 1990 MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. Respectfully submitted, Susan M. Johnson, City Clerk 1990 in Dakota County ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 31, 1990 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 31, 1990, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. Discussion was held regarding the proposed Dakota County Resource Recovery Project to be located on University of Minnesota property in Rosemount. City Administrator Stephan Jilk reviewed with Council several incentives and benefits the City could possibly receive as the host community for this project. See Clerk's File 1990 -23. Public Works Director Rich Hefti discussed with Council several alternatives for Council to consider in developing a street reconstruction assessment policy. Hefti referred to a tabulation of street assessment methods utilized by several cities in the metropolitan area. After considerable discussion, Council concurred city staff should put together several scenarios based on a residential equivalent policy. These scenarios would include small lots versus rural development or agriculture land; how a residential equivalent policy would apply to future and past street reconstruction projects; and the financial impact of this policy on the city and the residents' real estate taxes. Staff was further requested to research options available for deferring assessments. See Clerk's File 1990 -23. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 31, 1990 MOTION by Oxborough to adjourn.' SECOND by Klassen. Ayes: 5. Nays: 0. ATTEST: S ephan Ci /Administrator Published this 16 of 1990 in Dakota County Tribune. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 1990 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 7, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough and Klassen present. Council Member Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. There were no additions or corrections to the agenda. Respectfully submitted, Susan M. M. Johanson, City Clerk MOTION by Oxborough to approve the Consent Agenda as presented. SECOND by Willcox. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -24. Discussion was held regarding a letter received from Ron Jacobson, 3647 —143rd Street West and a subsequent meeting held with Jacobson and neighbors, Mayor Napper and city staff concerning the existing and future use of Carroll's Woods. Administrator Stephan Jilk recommended the Council consider the development of a master park plan for the entire City. Jilk noted Council will review a recommendation later at this meeting to award the contract for a consultant to prepare the parks and open space plan which will include Erickson Park, the armory site and the commercial properties between these sites and abutting Highway 3. Jilk requested authorization to allow staff to prepare the scoping document for the entire parks master plan, which would be reviewed by the Parks Recreation Committee and City Council, and then negotiate with the recommended consulting service for the parks and ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 1990 open space plan to include this study into the entire parks master plan. See Clerk's File 1990 -24. Residents neighboring Carroll's Woods indicated their support of the parks master plan concept and requested that Council reconsider the designation of two lots in Shannon Hills 2nd Addition as a parking area for Carroll's Woods. Following discussion by Council, a general consensus was reached to authorize staff to prepare a scoping document for a parks master plan. A concern was expressed from the Council that the proposed parks master plan could cause a delay in the consultant's recommendation for the Town Square project and Carroll's Woods. Administrator Jilk suggested the scoping document could be designed to allow the consultant to address the Town Square project and Carroll's Woods as individual but concurrent plans if it does not jeopardize the cost or integrity of the master plan. MOTION by Willcox to direct staff to proceed with the parks master plan concept and to draft the scoping document for this plan. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Stephan Jilk reviewed the city engineer's memorandum dated August 1, 1990 regarding the recommendation to award the purchase of a tractor /mower /sweeper broom from Carlson Tractor Equipment in the amount of $33,066. It was noted this recommendation was made after further review indicating the low bid for the Ford tractor and Mott Mower met the specifications. Council noted the letter received from Carlson Tractor Equipment which indicated they would honor the May 15, 1990 bid price. See Clerk's file 1990 -24. MOTION by Willcox to award the purchase of the tractor /mower /sweeper broom to Carlson Tractor Equipment in the amount of $33,066. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Administrator Stephan Jilk updated Council on the armory project which included discussion on the special armory levy, the proposed firing range to facilitate the training for fifteen agencies in Dakota County, the concept of the school district to add classrooms to the armory and the time lines for the design of the facility. See Clerk's File 1990 -24. The Council discussed the recommendation from the Parks Open Space Committee to award the contract to Brauer and Associates of Eden Prairie, Minnesota in an amount not to exceed $18,290 for the Parks and Open Space Planning and Design. No action was taken because of the previous action taken this evening to proceed with the parks master plan. See Clerk's File 1990 -24. Community Development Director Dean Johnson presented for Council discussion a request from Palmer Peterson, President of Bituminous Roadways, Inc., that the City re- evaluate its policy regarding sand and gravel mining in order to allow him to conduct a mining operation on the Otto Ped property consisting of 160 acres at the 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 1990 intersection of CSAH 42 and Emery Avenue. Johnson expressed concerns regarding the action taken by the Planning Commission to approve issuance of a grading /excavation permit with an annual term from May 15 to May 15 which would allow for stockpiling of sand and gravel over the winter months. Johnson noted that because the applicant intends to operate on the site for approximately five years and stockpile over the winter months, the intended operation is a full scale mining operation. In order to allow the mining operation, the Council could consider either rezoning the property from Agriculture to General Industrial or amending the zoning ordinance text to include mining in the description of agriculture uses. Following discussion by Council, it was the general consensus that mining operations should be allowed east of Highway 52, and this issue should be referred to the Planning Commission for consideration to amending the zoning ordinance text. See Clerk's File 1990 -24. Consulting Engineer Bud Osmundson of OSM provided an overview of the Feasibility Report for Shannon Hills Second Addition Utilities and Street Improvements, City Project 216. The consulting engineer reviewed the proposed improvements, which includes services to two lots dedicated as park property in accordance to the Shannon Hills PUD Agreement. Total estimated costs for improvements is $564,600. Osmundson then reviewed the improvements and associated costs for Alternate "A" of the feasibility study, which would result in the park property being dedicated, but without street and utility access. The estimated costs for Alternate "A" is $477,000. See Clerk's File 1990 -24. Council discussed the two lots dedicated as park property for the purpose of providing a parking lot for Carroll's Woods and whether the lots should be acquired by the City through the platting of Shannon Hills 2nd Addition, as the development agreement now reads, or when the 3rd Addition is platted. A comment from Council indicated the two lots could be given back to the developer if the proposed parks master plan recommended so, but the general consensus of the Council was to amend the Shannon Hills PUD to exclude the two lots from dedication in the second phase. MOTION by Willcox to amend the Shannon Hills PUD to exclude the dedication of the two lots (Outlot A) from the second addition and to include the dedication of these two lots (Outlot A) in the 3rd addition. SECOND by Klassen. Ayes: Klassen, Willcox, Oxborough. Nays: 0. Abstain: Napper. MOTION by Napper to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT, SHANNON HILLS 2ND ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT #216, ALTERNATE "A SECOND by Klassen. Ayes: Willcox, Napper, Klassen, Oxborough. Nays: 0. MOTION by Napper to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING, SHANNON HILLS 2ND ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT #216, ALTERNATE "A SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 1990 MOTION by Napper to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR SHANNON HILLS 2ND ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT #216, ALTERNATE "A SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. MOTION by Napper to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, SHANNON HILLS 2ND ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT #216. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. City Administrator Stephan Jilk requested Council consideration to adopt the logo and slogan which were designed and submitted as a result of a citywide contest for the Rosemount Star City marketing materials. The logo is the traditional Irish shamrock with a single bright pink rose in the heart of the shamrock, and the slogan is "Everything's Coming Up Rosemount!" The administrator advised that upon approval of the logo and slogan, a replacement process would occur gradually as items reflecting the new logo and slogan would only be ordered when supplies of items with the current logo run out such as flags, stationary and envelopes. See Clerk's File 1990 -24. MOTION by Willcox to adopt the logo and slogan used for the Star City program as the new City of Rosemount logo and slogan and to obtain the copyright on same. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough. Nays: 0. Abstain: Klassen. City Administrator Stephan Jilk requested Council to consider attending the National League of Cities Conference in Houston, Texas, December 1 -5, 1990. See Clerk's File 1990 -24. Council reviewed a memorandum from the City's Insurance Officer Don Darling, dated August 3, 1990, regarding the retraining of Richard Lonnquist who was injured in 1980 while working for the City. The memorandum outlined the suggested training program for Lonnquist and the estimated total costs the City would pay for continuing the employee's present benefits through the 18 month retraining period. Rich Lonnquist was present at the meeting and stated he felt the City should guarantee him a position upon receiving a degree as an engineering technician. Considerable discussion followed by Council as to whether or not the City should guarantee Lonnquist a position as an engineering technician upon completion of his course study. It was recommended that Council guarantee Lonnquist a position at the time of his successful completion of the eighteen month course and subject to a successful probationary period. It was also suggested that Lonnquist be given consideration above other applicants if such a position was available upon completion of his course. See Clerk's File 1990 -24. MOTION by Klassen that after Rich Lonnquist successfully completes the retraining program and a position of an engineering technician is available with the City of Rosemount for which Rich Lonnquist is qualified, he should be given first consideration for that ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 7, 1990 position; and if hired, his employment would be subject to a successful probationary period; and to approve the retraining program recommended by Don Darling in his memorandum dated August 3, 1990. SECOND by Willcox. Ayes: Klassen, Willcox. Nays: Napper, Oxborough. Motion failed. Upon failure of the motion, Council concurred that staff should contact the city attorney regarding this matter and continue their assistance to the employee. MOTION by Napper to approve the updated schedule for special council meetings and workshops which included changing the starting time of the August 22, 1990 Special Council Meeting to 5:00 p.m. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. See Clerk's File 1990 -24. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 21, 1990 1 Respectfully submitted, usan M. Jo nh son, City Clerk Stephan .'ilk, City /'dministrator Published this 30' day of ➢Quc3<l. 1990 in Dakota County Tribune. 0U 5 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 21, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The following additions were made to the agenda: Item 5(c) Minnesota Valley Humane Society and Item 8(a) Authorize Advertisement for Maintenance I Position. MOTION by Wippermann to approve the Consent Agenda subject to a correction to the August 7, 1990 Regular Council Meeting Minutes that Council Member Klassen abstained in her vote, rather than voting in favor, for approval of the new logo and slogan for the ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 21, 1990 City. SECOND by Oxborough. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -25. Council reviewed the Final Plat for Pine Bend Development Co. 1st Addition which would allow a subdivision of three existing metes and bounds description parcels for the Parker Communications A.M. Radio Facility to be developed. Community Development Director Dean Johnson advised the plat as proposed meets previous Planning Commission and City Council recommendations with the exception of Outlot A which resulted from finding an error in the location of the west property boundary in preparation of the final plat. Johnson informed Council of Parker Communication's desire to convey the approximately 20 feet wide by 1894 feet long parcel to the abutting property owner. The Planning Commission recommended approval of the final plat subject to an executed lot combination agreement causing the outlot to be legally combined with the Severson property. Parker Communication representatives confirmed their knowledge of the City's Weed Ordinance with regards to platted property and the potential for a violation if conditions of the ordinance were not met. See Clerk's File 1990 -25. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE PINE BEND DEVELOPMENT CO. 1ST ADDITION FINAL PLAT. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Stephan Jilk presented a report from the Community Facility Committee members who have met over the past several months for the purpose of evaluating and recommending additional facilities for a community center to be developed in conjunction with the proposed National Guard Armory. The city administrator reviewed the committee's process for determining what items should be considered as possible additions. The Council was informed of the various cities the committee received information from and /or personally toured. See Clerk's File 1990- 25. Regular agenda discussion was suspended at this time to allow the Council to conduct a public hearing scheduled at this time. Mayor Napper opened the public hearing to consider the Heuer Addition Preliminary Plat. The city clerk presented for the record the Affidavit of Posted and Mailed Hearing Notice and Affidavit of Publication. See Clerk's File 1990 -25. Community Development Director Dean Johnson provided an overview of the preliminary plat submitted by Martin Heuer, 12552 South Robert Trail. The preliminary plat consists of an one -half acre parcel owned by Martin Heuer, and a 1.38 acre parcel owned by his son, Mark Heuer. Johnson advised because the applicant is seeking financing for a new home because of a fire which severely damaged his previous home, it has been discovered the applicant's parcel is landlocked with no legal access identified and the septic system for the property is situated on the property now owned by his son. Johnson noted the Planning Commission recommended 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 21, 1990 approval subject to receiving park dedication fees and a driveway easement which would provide access to Lot 1. See Clerk's File 1990 -25. Martin Heuer requested that Council waive the park dedication fees. Heuer felt his request should be honored since there will be no substantial changes or additional development. From discussion between Council and staff, it was noted the Parks and Recreation Committee had not reviewed or made a recommendation to require a cash dedication from the applicant. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Following further discussion, Council concurred the preliminary plat should be approved subject to the conditions recommended by the Planning Commission. Council further concurred a recommendation should be received from the Parks and Recreation Committee regarding the park dedication fee, and this recommendation would be considered at the time the Council reviews the final plat. MOTION by Napper to adopt A RESOLUTION GIVING APPROVAL TO THE HEUER ADDITION PRELIMINARY PLAT AND SETTING OUT CONDITIONS FOR FINAL PLAT APPROVAL. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Mayor Napper opened the public hearing to consider the Shannon Park School Addition Preliminary Plat. The city clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and the Affidavit of Publication. See Clerk's File 1990 -25. Community Development Director Dean Johnson presented the Preliminary Plat for Shannon Park School Addition which includes property being developed as the new Shannon Park Elementary School and Shannon Park. The Planning Commission recommended approval of the preliminary plat subject to the city engineer's recommendation to require ten foot wide drainage and utility easements along the boundaries of Lot 1, Block 1, Outlot B and Outlot C which abuts properties outside of the plat. See Clerk's File 1990 -25. There were no objections or comments received from the audience. Council Member Willcox left his chair at 8:24 p.m. MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes: Klassen, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Oxborough to adopt A RESOLUTION GIVING APPROVAL TO THE SHANNON PARK SCHOOL ADDITION PRELIMINARY PLAT AND SETTING OUT CONDITIONS FOR FINAL PLAT APPROVAL. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. Council Member Willcox took his chair at 8:26 p.m. 3 Regular agenda discussion resumed at this time. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 21, 1990 Council continued discussion on the recommended additions to the armory facility. Administrator Stephan Jilk reviewed the Community Facility Committee's recommended additions and associated costs which included a gymnasium upgrade, parks and recreation offices, auditorium (theatre), banquet facility and multi purpose facility for a total cost of $4,947,000. Jilk advised in order to provide funding for all of these facilities, it would be necessary for the City to sell general obligation bonds. It was the committee's recommendation that the Council consider holding a referendum to allow the general public to consider the recommended additions to the armory. The administrator also pointed out that some of the recommended additions could be afforded through the city's present levies and other funding means available; and the Council could choose from the committee's recommended additions by prioritizing the list of recommmended items that should be included when the amory is built and items that could be added in future years. Considerable discussion was held by Council regarding the committee's recommendations and whether the Council should choose those items which could be added to the armory without holding a referendum or whether the residents should be given the opportunity to vote on the committee's recommendation for all the items. Council concurred this issue should be discussed further at the Special Meeting scheduled for August 28, 1990, at 6:30 p.m. at City Hall. Council discussed the recent letter received from Dean Weigel, Executive Director of the Minnesota Valley Humane Society. Weigel requested that Council authorize financial assistance in further environmental testing of the City's old dump site, which is being considered as a possible site for the Humane Society's animal shelter. The Council was informed the Minnesota Valley Humane Society will be contacting each individual council member regarding this issue. See Clerk's File 1990 -25. MOTION by Oxborough to authorize an advertisement for the position of Maintenance Level I. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to approve the attendance of the city administrator and up to three council members to attend the National League of Cities Conference in Houston, Texas, December 1 -5, 1990. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Clerk's File 1990 -25. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. 4 Respectfully submitted, DP o Susan M. Yohnson, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 21, 1990 ATTEST: 5 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 22, 1990 1 tephan /Jilk, Cit, Administrator Published this 13 4 day of CS 1990 in Dakota County Tribune. 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 22, 1990, at 5:00 p.m. in the Council Chambers. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. David R. Kroos of Boarman Associates, Inc., the consulting firm contracted to conduct the space needs assessment study for the City, reviewed the Interim Report of the facilities study with Council. Kroos noted the purpose of the Interim Report is to keep Council current on the progress of the study and to provide Council the opportunity for input throughout the process. Within the next few weeks, Council will meet with the Citizens Advisory Committee members for further discussion on the facilities study developed by Boarman Associates. See Clerk's File 1990 -26. The next items for discussion were the final two goals for 1990 set by the City Council and staff at a goals setting session in February, 1990. City Administrator Stephan Jilk referred to the executive summary of the Citizens Attitude Survey regarding the residents' desire for more constant and frequent communications between City Hall and the residents. Council and staff discussed the present scope and frequency of the city's community newsletter. Alternatives to the current community newsletter were discussed such as publishing more often, purchasing advertisement space in a local paper for publication of a city newsletter or the possibility of a newspaper published for Rosemount only and incorporating the city's community newsletter into this publication. Developing a business flyer, having a community information coordinator and televising the council meetings were other suggestions discussed for improving communications between city hall and the citizens. Council also discussed holding town meetings at the end of a year which would allow council to report on the status of the goals established for the current year and to inform residents of issues and goals to be discussed the succeeding year. This time schedule would also allow newly elected city officials to be involved in the town meeting process. See Clerk's File 1990 -26. 1 Council discussed the goal of taxes vs. services and referred to the executive summary of the Citizens Attitude Survey which concluded that, "more than half of the citizens surveyed would support a property tax increase if it were required to maintain city services at the present level" and that residents were satisfied with the level of city servies received for their tax dollars. Council discussed the cost for providing city services, such as streets, utilities, fire, police and parks, to meet present population needs and future population growth. Council referred to the proposed 1991 budget regarding park and street maintenance and staffing requirements. Council and staff unanimously concurred communications should be ongoing to allow residents' input as to what services they want and to keep residents informed of the costs for city services. Council also agreed the citizens should be aware of how the city's budget affects their property taxes. Council concurred further discussion on the 1991 Operating Budget will be discussed at the August 28, 1990 Special Council Meeting. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. ATTEST: tepha. Jilk, City minist Published this 7 day ofc2141 Lf, 1990 in Dakota County Tribune. 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 28, 1990, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 22, 1990 Respectfully submitted, Susan M. Johnson, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 28, 1990 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 28, 1990 City Administrator Stephan Jilk reviewed his memorandum dated August 24, 1990 regarding the proposed armory and possible additions or enhancements by the City to the armory. The administrator went over the items presented for consideration by the Community Facility Committee and the estimated cost for each of the items. Jilk outlined what funds are available for financing consideration without a referendum which included additional funds from the National Guard, funds available by using the special levy and the original levy and funds available through long term financing at an estimated eight percent rate and a twenty year payback term. The administrator presented four different options, which consisted of the various recommended items received from the citizens advisory committee, that are available for consideration without additionally approved levies through a referendum. Administrator Jilk noted decisions on whether or not to include the upgraded gymnasium, parks and recreation offices and the theatre should be made now to allow the design work to progress. Whereas, the designing of the banquet facility and multi purpose arena should be done now but could be eliminated from the overall design on or before bids are let on the project. Considerable discussion followed by Council. Each member of the Council provided his or her selection on which items should be considered additions to the armory with funds available without a referendum and which items should go to the general public for consideration through a referendum. MOTION by Napper to approve the purchasing of the gymnasium upgrade and the parks and recreation offices as additions to the armory and to recommend a referendum be held on the banquet facility, multi- purpose arena and theatre. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: Oxborough. Council Member Oxborough commented he was not against the proposed additions to the armory but felt the Community Facility Committee's recommendation to hold a referendum on all the recommended additions should be considered. Council requested the city administrator to determine if the addition of a theatre could be specified as an alternate bid. City Administrator Stephan Jilk provided an overview of the proposed 1991 General Operating Budget and 1991 -1995 Capital Improvements Budget. Department heads also reviewed the operating budgets for their departments and answered questions from Council regarding their budgets. The proposed 1991 operating budget is $4,108,754 and the proposed levy for 1991 is $2,498,285. Jilk stated the proposed levy may cause an increase of property taxes by 1% or $9.00 of an average home. See Clerk's File 1990 -27. MOTION by Napper to adopt A RESOLUTION SETTING THE PRELIMINARY 1991 OPERATING BUDGET, THE 1991 1995 CIP BUDGET AND THE 1991 LEVY REQUIRED BY THE CITY OF ROSEMOUNT and calling for a public hearing on the proposed city budget on Tuesday, December 13, 1990, at 6:30 p.m. in the Rosemount City Council Chambers. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 28, 1990 City Engineer Rich Befti distributed information regarding the proposed street reconstruction assessment policy. Council unanimously concurred to discussing this item at a later date. See Clerks File 1990 -27. By unanimous consent the Council set a special closed Council Meeting for Tuesday, September 4, 1990 at 5:00 p.m., in the Council Lounge, for the purpose of conducting the performance evaluation of the city administrator. MOTION by Napper to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. 3 Respectfully submitted, Susan M. Johnson, City Clerk Attes 171M-1 /4( tep an Jilk, -City Administrator irk, r Published thT /h day of C J 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 4, 1990 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 4, 1990 at 5:00 p.m. in the Council Lounge at City Hall. Mayor Napper called the meeting to order with all members present. The City Council met to present performance evaluation for the past 12 months of the city administrator and to discuss with him other aspects of City administration. The individual council members presented their comments on Mr. Jilk's performance over the last 12 months based upon the criteria set out in the "City Administrator" job description and the guidelines set out in the "Supervisor" performance evaluation form used by the City. Based upon those criteria, the general discussion brought about generally good comments and high satisfaction in Mr. Jilk's performance with recommendations for areas of improvement. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 4, 1990 The Council expressed appreciation for Mr. Jilk's cooperation and effort and looked to his continued service to the community. MOTION by Napper to adjourn. SECOND by Klassen. .Ayes: 5. Nays: 0. ATTEST: Dennis Wipperman Council Member Respectfully submitted, /47 Vernon Napper, Mayor Published this a 1 day of c9 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 4, 1990 2 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 4, 1990, at 7:30 p.m. in the Council Chambers at City Hall Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. City staff requested the following corrections be made to the Consent Agenda: Item 4(i) was corrected to reflect the total purchase amount of the five mobile radios was $3,723; Item 4(1) was changed to set the continuation of the 145th Street Improvements Hearing, City Project 206, to November 6, 1990, at 8:00 p.m. MOTION by Willcox to approve the consent agenda as corrected. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -28. Insurance Officer Don Darling informed Council that city employee Rich Lonnquist, who sustained a severe and permanent injury while working for the City, began his retraining program this date at St. Paul Vocational College. Council reviewed Darling's memorandum dated August 3, 1990 which requested that Council consider continuing benefits for Lonnquist during his retraining period. See Clerk's File 1990 -28. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 4, 1990 MOTION by Napper to approve the recommendations outlined in the August 3, 1990 memorandum entitled the retraining of long term injured employee. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Engineer Rich Hefti requested Council authorization to fill the Maintenance II position held by employee Rich Lonnquist. Hefti proposed to initially post this position in -house to ascertain if any city employees are interested or qualified for the position. See Clerks File 1990 -28. MOTION by Oxborough to authorize the public works director to proceed with the selection process to fill the vacant position of Maintenance Level II. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. City Engineer Hefti recommended the hiring of Eric Day to fill the Mechanic Level I position effective September 5, 1990 and further recommended that this employee start at Step A and be considered for Step B upon successful completion of his six month probationary period. See Clerk's File 1990 -28. MOTION by Napper to approve the hiring of Eric Day to fill the Mechanic Level I position starting at the current Step 1 position. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Community Development Director Dean Johnson addressed Council regarding amendments to agreements between the City and Knutson Services, Inc. and between the City and Donald and Michael Hinz. Johnson advised the amendments are consistent with recent revisions in the Metropolitan Council's Capital Assistance Grant Program requirements regarding liens on equipment purchased with the grant proceeds. The revisions now allow permit lending institutions to place liens on the matching funds which will allow Knutson Services, Inc. and Donald and Michael Hinz to obtain additional financing for these projects without jeopardizing the position of the City or the Metropolitan Council. See Clerk's File 1990 -28. MOTION by Willcox to approve the Amendment No. 1 to Material Recovery Facility Agreement between the City of Rosemount and Knutson Services, Inc. and the Amendment No. 1 to Construction Recovery Facility Agreement between the City and Donald and Michael Hinz. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Council reviewed Addendum No. 1 to the Shannon Hills Planned Unit Development which would defer the park dedication from phase II until the platting of Shannon Hills 3rd Addition. Community Development Director Johnson advised the Planning Commission recommended approval of this addendum. See Clerk's File 1990- 28. MOTION by Wippermann to approve Addendum No. to the Shannon Hills Planned Unit Development and Master Subdivision Agreement. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 4, 1990 SECOND by Napper. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Council reviewed the Development Contract for Shannon Hills 2nd Addition and the Final Plat which consists of 40 residential lots. The community development director advised the Planning Commission at its August 28, 1990 meeting recommended approval of the final plat subject to an executed Subdivision Development Contract. See Clerk's File 1990 -28. MOTION by Napper to adopt A RESOLUTION GIVING APPROVAL TO THE SHANNON HILLS 2ND ADDITIONAL FINAL PLAT and to approve the Subdivision Development contract. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. by unanimous consent of Council a five minute recess was called at 7:55 p.m. with the meeting resuming at 8:00 p.m. Mayor Napper opened the public hearing scheduled at this time to consider Valley Woods Estates Preliminary Flat. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -28. Community Development Director Dean Johnson advised the developer, Valley Wood Partners, has proposed an eight lot subdivision located on a 40 acre parcel of property situated on the south side of County Road 38 abutting Rosemount's boundary with Apple Valley. The Planning Commission recommended approval of the subdivision subject to several conditions. See Clerk's File 1990 -28. Residents abutting the proposed preliminary plat asked questions regarding restrictions on minimum home sizes and prohibiting horses in this area. These residents were informed the Zoning Ordinance does not address minimum home size, and the proposed preliminary plat meets the Zoning Ordinance minimum requirement of five acres for horses. MOTION by Napper to close the public hearing. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION GIVING APPROVAL TO THE VALLEY WOOD ESTATES PRELIMINARY PLAT AND SETTING OUT CONDITIONS FOR FINAL PLAT APPROVAL. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Mayor Napper opened the public hearing to consider the Valley Woods Estate Rezoning from Agriculture to RR Rural Residential. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -28. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 4, 1990 Community Development Director advised the property is currently designated Rural Residential in the Comprehensive Guide Plan, and the Planning Commission recommended approval of the rezoning. See Clerk's File 1990 -28. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Willcox to adopt ORDINANCE B -7, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Mayor Napper opened the public hearing to consider South Rose Park 3rd Addition Preliminary Plat. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -28. Council reviewed the preliminary plat which involves replatting of a 3.8 acre lot within South Rose Park Addition Replat, situated at the intersection of Chippendale Avenue and Carousel Way. Community Development Director Johnson advised the Planning Commission recommended approval of the preliminary plat subject to rezoning to C -4 General Commercial and payment of $4,180 in lieu of land park dedication prior to final plat approval. Johnson referred to a letter dated September 4, 1990, received from C.W. Carlson who requested the existing farm house be allowed to remain for three years unless it becomes a problem. Johnson reviewed other conditions recommended by staff as listed in the proposed resolution. See Clerk's File 1990 -28. MOTION by Oxborough to close the public hearing. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Napper to adopt A RESOLUTION GIVING APPROVAL TO THE SOUTH ROSE PARK THIRD ADDITION PRELIMINARY PLAT AND SETTING OUT CONDITION FOR FINAL PLAT APPROVAL. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Mayor Napper opened the public hearing to consider the rezoning of the proposed South Rose Park 3rd Addition from R -3 Multiple Residential to C -4 General Commercial. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -28. MOTION by Napper to close the public hearing. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 4, 1990 By unanimous consent the Council concurred to table action until the final plat conditions have been met. Mayor Napper opened the public hearing to consider City Project 197, Valley Oak Pond Outlet Improvements. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -28. Consulting Engineer David Simons of SEH provided an overview of City Project 197 which provides for storm sewer construction and pond grading improvements for the Valley Oak Pond, Outlot B, and two downstream ponding areas located immediately to the south. Simons reviewed the watershed district which contributes to the ponding system and advised approximately 77 percent of the area contributes to Pond No. 1. The consulting engineer presented a total estimated cost of $210,000. See Clerk's File 1990 -28. City Engineer Rich Hefti advised city staff is investigating two options for recovery of cost which include assessing the costs to property owners within the watershed district or recovering costs through a storm sewer utility charge. It was the general consensus of the residents who attended the public hearing that they objected to the project. Several residents thought the drainage improvements should have been considered when Pond No. 1 was originally constructed, and several residents advised they wanted water to stay in Pond No. 1. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Council discussed the merits of excavating and lining Pond No. 1. Council generally concurred the project as recommended by the engineers provided the best long term solution. MOTION by Napper to adopt A RESOLUTION FOR APPROVAL OF VALLEY OAR POND OUTLET IMPROVEMENTS, CITY PROJECT 197. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: Oxborough. A ten minute recess was called with the meeting continuing at 10:00 p.m. City Administrator Stephan Jilk presented two schedules for Council to consider in regards to the proposed referendum for additions or enhancements to the National Guard Armory. Schedule No. 1 outlined a time schedule for holding the referendum on November 6, 1990 General Election Day. Schedule No. 2 set out timelines for holding a referendum on February 5, 1991. The administrator noted Schedule No. 1 could be followed and accomplished, but the problem of not having very accurate cost data would exist. Discussion resulted in Council concurring to holding a November 6, 1990 referendum. It was their general consensus the November 6, 1990 election would involve more citizen participation. See Clerk's File 1990 -28. 5 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 4, 1990 MOTION by Napper to set the community center referendum on November 6, 1990. SECOND by Oxborough. Ayes: Wippermann, Napper, Oxborough, Willcox. Nays: Klassen. Council discussed the merits of whether only one question should be placed on the ballot for construction of a multi- purpose arena, an auditorium and a banquet facility or whether each proposed addition should be presented to residents through individual ballot questions. See Clerk's File 1990 -28. MOTION by Willcox to place on the November 5, 1990 General Election ballot three individual questions for consideration of constructing a multi purpose arena, a banquet facility and a community auditorium. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann. Nays: Napper. By unanimous consent the Council set a special council meeting on Tuesday, September 11, 1990, at 5:00 p.m. to consider the formal questions and amounts to be considered for placement on the November 6, 1990 General Election ballot. City Engineer Rich Hefti presented and reviewed the Feasibility Report for Diamond Path Improvements, City Project 212, for street and drainage improvements for a segment of Diamond Path between 145th Street West and Connemara Trail. Hefti advised the existing curve by the Baptist Church will be removed and Diamond Path will be straightened to form a T- shaped intersection with 145th Street West. Hefti further advised the project would include reconstructing 145th Street from Diamond Path to Shannon Parkway. See Clerk's File 1990 -28. MOTION by Napper to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT, DIAMOND PATH IMPROVEMENTS, CITY PROJECT 1212. SECOND by Willcox. Ayes: Oxborough, Willcox, Napper. Nays: Klassen, Wippermann. City Engineer Rich Hefti requested authorization to begin condemnation proceedings in order to acquire ponding and drainage easements for Valley Oak Pond Outlet, Project 197 and for 8.3 acres of property for Jaycee Park. See Clerk's File 1990 -28. MOTION by Napper to adopt A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR VALLEY OAK POND OUTLET IMPROVEMENTS, CITY PROJECT 197 AND THE SOUTH 8.3 ACRES OF JAYCEE PARK. SECOND by Klassen. Ayes: Napper, Klassen, Willcox, Wippermann. Nays: Oxborough. Council unanimously agreed to discuss the Resource Recovery Project at the Special Council Meeting set for September 11, 1990, at 5:00 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 4, 1990 MOTION by Napper to adjourn. SECOND by Willcox.. Ayes: 5. Nays: 0. ATTEST Respectfully submitte usan M. Johnson, City Clerk Steph4fl Jilk, Cify Administrator Published this 2C7 of 1990 in Dakota County Tribune. 7 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 11, 1990 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 11, 1990, at 5:00 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough and Klassen present. Council Member Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper announced the meeting will conclude at 5:59 p.m. in order to meet statutory requirements to not hold public meetings on election day between the hours of 6:00 p.m. and 8:00 p.m. City Administrator Stephan Jilk presented for Council approval the three questions for the community center referendum. Jilk advised the city's legal bond counsel has approved the format for the three questions to be placed on the November 6, 1990 General Election ballot. Jilk recommended the proposed cost for the multi- purpose arena be set at $3,000,000. Jilk advised the architect's most recent cost estimate for the multi purpose arena is $2,700,000 which does not include legal, architectural and bond issuance costs. Ronald Pederson, 3511 143rd Street West, and George Boomer, 12545 Danbury Avenue, addressed the Council on behalf of the Rosemount Hockey Association with regards to the multi purpose arena. Both residents felt the cost estimates for the multi purpose arena were 1 too high and requested that Council delay the referendum to allow city staff to gather more accurate costs for the facility. Boomer listed to Council several ice arena projects, and the proposed or final costs which were considerably lower than the proposed $3,000,000. Boomer offered several suggestions for lowering the total cost of the project. Based upon the most recent information and cost estimates received from the architect, Administrator Jilk stated he would not be comfortable in recommending the lowering of the estimated costs for the multi- purpose arena at this time. MOTION by Napper to rescind Council's previous action regarding the referendum set for November 6, 1990. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. MOTION by Oxborough to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. ATTEST,' Stephan Jilk, Respectfully submitted Susan M. Johnson, City Clerk ty Administrator Published this a day of 1990 in Dakota County Tribune. 2 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, September 17, 1990, at 6:30 p.m. in the conference room at Rosemount Middle School. Mayor Napper called the meeting to order with Council Members Klassen and Willcox present. Council Members Oxborough and Wippermann were absent. Council reviewed a memorandum from City Engineer Rich Hefti who requested resetting the public improvements hearing date for Shannon Hills 2nd Addition from September 18, 1990 to October 2, 1990. See Clerk's File 1990 -29. MOTION by Willcox to adopt A RESOLUTION RESCINDING RESOLUTION 1990 -69 AND CALLING FOR A PUBLIC HEARING FOR SHANNON HILLS 2ND ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT #216. SECOND by Klassen. Ayes: Willcox, Napper, Klassen. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 11, 1990 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 17, 1990 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 17, 1990 Council discussed the Dakota County Resource Recovery Project, and the lengthy delay time the County could be facing in going forward with the incinerator project because of the position the Minnesota Pollution Control Agency (MPCA) has taken on siting requirements for an ash depository. Council discussed possible alternatives the County could consider in locating a landfill for the ash and the possible involvement of the City in assisting the County in resolving the issue. Council also discussed the possibility of purchasing the University of Minnesota property located in Rosemount and issues that would be related with the purchase such as potential liabilities, existing businesses, utilities, financing and additional city staff. Council concurred a legal consultant should be contracted by the city if this issue is pursued. Council concurred owning the University of Minnesota property located in Rosemount would allow the City to control current projects existing on the property as well as future waste management projects that could be located there. Following discussion on the various waste management projects that could be located on the University of Minnesota property, Council reached a consensus that a statement should be made to Dakota County, in the form of a resolution, that the City will make every effort to obtain possession of the University property in the City, and that whatever waste management projects occur in Dakota County that affect the City of Rosemount, should be considered to be located on the University property in the City. Administrator Stephan Jilk discussed with Council the time city staff has spent on the Dakota County Resource Recovery project over the past several months as well as costs incurred. Council discussed future staff involvement in the resource recovery project, other waste management projects if the resource recovery project is constructed and the acquiring of the University property if the resource recovery project is approved. Council concurred additional staff will have to be considered and further concurred the County should reimburse the City for past and future involvement by city staff as well as any expenses incurred. Council unanimously agreed these issues and requests should be relayed to the County through a formal resolution to be adopted at the September 18, 1990 Regular Council Meeting. Council Member Willcox addressed several concerns regarding the proposal by the University of Minnesota to construct a temporary incinerator to burn PCB laden soil. Council concurred the draft letter outlining these concerns should be singed by the Mayor and forwarded to the Minnesota Pollution Control Agency. See Clerk's File 1990 -29. MOTION by Willcox to adjourn. SECOND by Napper. Ayes: 3. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 17, 1990 Respectfully submitted, Susan M. ohnson, City Clerk r 24.!:- Stephafi Jilk, C y Administrator Published this day of &YQ L 1990 in Dakota County Tribune. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 1990 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 18, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough and Klassen present. Council Member Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. By unanimous consent of the Council, the meeting was recessed until 7:50 p.m. to allow a closed meeting of the Rosemount Economic Development Authority (EDA) to continue. Mayor Napper noted two members of the Council were on the EDA Board. The meeting reconvened at 7:50 p.m. Council Member Sheila Klassen introduced Beverley Miller, the newly appointed Executive Director for the Minnesota Valley Transit Authority (MVTA). Miller advised the MVTA is the third largest transit system in the State, and the MVTA has selected the Minnesota Transit Commission (MTC) to provide the service beginning January 1, 1991. See Clerk's File 1990 -30. Employee Eric Day, who started with the City on September 5, 1990 as a Mechanic Level I, was introduced by City Engineer Hefti. Council welcomed Eric as a new member of the Public Works Department. See Clerk's File 1990 -30. Patrol Officer Mark Robideau, thanked the Council for supporting and authorizing the D.A.R.E. Program to begin at the elementary schools this school year. Officer Robideau, who was selected to 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 1990 teach the D.A.R.E. program in the schools, advised the program will allow fifth and six grade students an opportunity to develop skills on how to resist the temptation of drugs. Mayor Napper opened the public hearing scheduled at this time to consider the rezoning of property located at 4992 145th Street East. The city clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1990 -30. Community Development Director Dean Johnson advised the city received a petition from Otto Ped to rezone his 160 acre property situated south of CSAH 42 and one and one -half miles east of TH52 from Agriculture Preserve to Agriculture. The property is no longer enrolled in the Metropolitan Agricultural Preserve Program. See Clerk's File 1990 -30. The audience raised no comments or objections to the rezoning request. MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. MOTION by Klassen to adopt ORDINANCE B -8, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Mayor Napper opened the public hearing to consider an amendment to Ordinance B, Zoning Ordinance, affecting Section 6.1, District Use Regulation Agriculture District. The city clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1990 -30. Community Development Director Dean Johnson advised Otto Ped, 4991 145th Street East, has requested the Zoning Ordinance Text be amended to allow mineral extraction as a permitted use in the Agriculture District east of State Trunk Highway 52. Johnson further advised the current Zoning Ordinance only allows mineral extraction in the General Industrial District, and approval would allow a sand and gravel mining operation to be conducted on Ped's property. See Clerk's File 1990 -30. Johnson answered questions from Council regarding the reclamation of the land after the mining is completed and the possibility of other mining operations occurring in the vicinity if the Zoning Ordinance Text was amended. Johnson noted that even though the previous zoning ordinance permitted mining operations in an agricultural district, there were very few operations. Petitioner Otto Ped estimated the mining operation would last approximately five to seven years, and trees would be planted once the ridge is removed. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 1990 Marlin Rechtzigel, 3540 140th Street East, requested that Council consider moving the west boundary line of the permitted area for mineral extraction to the abandoned railroad tracks located approximately 1100 feet west of Highway 52. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. A concern was expressed from Council the amendment may cause simultaneous mining operations in the same vicinity unless the Zoning Text amendment would allow only one mining operation at a time. Following further discussion, the Council reached a general consensus to the feasibility of moving the west boundary line to the abandoned railroad tracks since Council will be considering expansion of the General Industrial District in eastern Rosemount and because of Koch Refinery Co.'s efforts to acquire property east of Akron Avenue. MOTION by Willcox to adopt ORDINANCE B -9, AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Oxborough. Ayes: Willcox, Oxborough. Nays: Klassen, Napper. Motion failed. Fire Chief Scott Aker provided a brief summary of the Fire Department's Semi- Annual Report to the City Council. See Clerk's File 1990 -30. MOTION by Oxborough to accept the Semi Annual Report on the Fire Department operations. SECOND by Willcox. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. The city administrator requested the approval of the Semi Annual Report be removed from the Consent Agenda. Council unanimously concurred to address Item 4(h) Approve NSP Street Light Policy, Item 4(1) Approve Pay Estimate #6 for Shannon Parkway Street Utility Improvements and Item 4(0) Approve Pay Estimate #1, Shannon Parkway /dodd Boulevard Trail under New Business. MOTION by Napper to approve the Consent Agenda with deletion of Items 4(h), 4(1), 4(n) and 4(o). SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Mayor Napper discussed the Special Council Meeting held on September 17, 1990. Mayor Napper advised Council directed the city administrator to prepare a resolution outlining the Council's intention to acquire the University of Minnesota property in Rosemount for the purpose of controlling any waste management projects that could affect the City. The city administrator read the proposed resolution. In answer to questions from the audience, Mayor Napper affirmed the Council was not endorsing the resource recovery project and advised the 1170 acres the City could purchase from the University did not include the site proposed for the incinerator facility. Mayor Napper advised taking possession of the University property in ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 1990 Rosemount would give the City the ability to control and regulate projects located on the property. See Clerk's File 1990 -30. MOTION by Willcox to adopt A RESOLUTION DECLARING THE CITY OF ROSEMOUNT'S DESIRE TO OBTAIN POSSESSION OF CERTAIN UNIVERSITY OF MINNESOTA PROPERTY AND CONTROL THE LOCATION OF CERTAIN WASTE MANAGEMENT PROJECTS AFFECTING THE CITY OF ROSEMOUNT. SECOND by Napper. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Consulting Engineer David Simons of SEH presented cost estimates and the recommended alternative for converting Pond No. 1 into a retention pond rather than a dry pond as approved at the public improvements hearing held on September 4, 1990 to consider City Project 197, Valley Oak Pond Outlet Improvements. The consulting engineer reviewed the recommended alternative to overexcavate the pond to accommodate an additional 3.5 feet of standing water and installing an 18 inch clay liner in the pond bottom at a total estimated cost of $90,000. Several residents expressed concerns the clay liner could possibly eliminate existing vegetation. Because of new information and cost estimates on the project, it was the general consensus of the Council to hold another public hearing to allow residents the opportunity to provide input on this information. City Engineer Hefti informed Council an additional public hearing could delay start of the project until Spring, 1991; but the City had the capability of pumping the pond in the event of storms or rising water due to rapid snow melt. File 1990 -30. MOTION by Willcox to table approval of the plans and specifications for Project 197 and to set a public hearing date for Tuesday, October 17, 1990, at 8:00 p.m. to reconsider Project 197. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. City Administrator Jilk requested Council affirmation of the position taken by the Parks Recreation Committee and the City Council to allow trail maintenance in Carroll's Woods and the annual Haunted Woods activity this year. Jilk advised the specific request is the result of residents who have voiced concerns not only against a certain maintenance program in Carroll's Woods until the parks master plan is completed but also for the lack of an ongoing park maintenance program. Council Member Harry Willcox, Council Liaison to the Parks and Recreation Committee, commended the committee for their action to place a moratorium on further development of the park until the master parks plan is completed. Willcox concurred with the committee's past action to support the continuation of necessary maintenance in Carroll's Woods and reiterated his support of the Council's position to allow the Haunted Woods event this year in Carroll's Woods. See Clerk's File 1990 -30. MOTION by Willcox to affirm the Parks and Recreation Committee's position on trail maintenance in Carroll's Woods and the City Council's decision to allow the Haunted Woods event in 1990. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Council Member Willcox left the meeting at this time. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 1990 Council discussed the joint powers agreement between the City and Independent School District 196 which governs the development and usage of the Shannon Park Elementary School /City Park property. See Clerk's File 1990 -30. MOTION by Klassen to approve the Independent School District 196 /City of Rosemount Development and Site Usage Joint Powers Agreement. SECOND by Napper. Ayes: Napper, Oxborough, Klassen. Nays: 0. MOTION by Napper to approve the promotion of Robert Barfknecht to Maintenance Level II at Step A wage, and authorize the public works director to fill the Maintenance Level I vacancy. SECOND by Oxborough. Ayes: Oxborough, Klassen, Napper. Nays: 0. See Clerk's File 1990 -30. Community Development Director Johnson presented the Planning Commission's recommendation to approve a request from USPCI, Inc. for a division of property located on County Road 38, by metes and bounds description, and to further approve the combination of this parcel to a 3.3 acre parcel. Johnson noted the property will remain in agricultural use until USPCI, Inc. applies for an interim use permit for its proposed facility. See Clerk's File 1990 -30. MOTION by Oxborough to adopt A RESOLUTION FOR A SIMPLE LOT DIVISION and to approve a Lot Combination Agreement. SECOND by Klassen. Ayes: Klassen, Napper, Oxborough. Nays: 0. City Engineer Rich Hefti presented the bid tabulation for Shannon Hills 2nd Addition Street Utility Improvements, City Project 216. Hefti will recommend awarding the contract to CECA Utilities subject to approval of Shannon Hills 2nd Addition improvements hearing scheduled for October 2, 1990. See Clerk's File 1990 -30. MOTION by Napper to receive bids for Shannon Hills 2nd Addition Street Utility Improvements, Project 216, Contract 1990 -5. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen. Nays: 0. MOTION by Klassen to approve accepting NSP's Class 5 level of service for all newly constructed street lights. SECOND by Napper. Ayes: Oxborough, Klassen, Napper.. Nays: 0. See Clerk's File 1990 -30. MOTION by Klassen to approve request for Payment No. 6 to Richard Knutson, Inc. in the amount of $60,739.75 for work done under Contract 1989 -5, Shannon Parkway Street and Utilities Improvements Project. SECOND by Napper. Ayes: Klassen, Napper, Oxborough. Nays: 0. See Clerk's File 1990 -30. MOTION by Klassen to approve Pay Estimate No. 1 to Bituminous Consulting Construction in the amount of $24,297.20 for work completed on Shannon Parkway /Dodd Boulevard Trail Project. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -30. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 18, 1990 MOTION by Napper to adjourn. SECOND by Oxborough. Ayes: 3. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS 6 REGULAR MEETING OCTOBER 2, 1990 Respectfully subm usan M. J nson, City Clerk Stephaq Ci Administrator s Published this i( day of at, 1990 in Dakota County Tribune. 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 2, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Wippermann, Oxborough and Klassen present. Council Member Willcox was absent. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following items: Item 9(j) Water Outage, Item 9(k) Resignation of Police Department Secretary, Item 11 Disciplinary Action against Employee. City Engineer Hefti introduced to Council employee Bob Barfknecht, who was recently promoted to the position of Maintenance II. Mayor Napper proclaimed the week of October 7 -13, 1990 as "Fire Prevention Week" for the City of Rosemount. See Clerk's File 1990- 32. MOTION by Klassen to approve the Consent Agenda as presented. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -32. Communication Development Director Dean Johnson reviewed the preliminary plat for Shannon Park School Addition, which includes property being developed as the new Shannon Park Elementary School and Shannon Park, a new community park. See Clerk's File 1990 -32. MOTION by Oxborough to adopt A RESOLUTION APPROVING THE SHANNON PARK SCHOOL ADDITION FINAL PLAT. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 2, 1990 Community Development Director Johnson reviewed the preliminary plat for Cimarron Village Townhouses Final Plat which consists of a 3.7 acre lot for a 36 unit rental townhouse project. The Planning Commission recommended approval of the final plat subject to an executed subdivision development contract. Developer Mike Conlan of Conlan /Nichols Company requested that Council waive the requirements for posting a bond or letter of credit regarding water line and landscaping improvements. Conlan advised that because the project will be financed by a loan insured by the FHA, he would be obligated to provide full payment and performance bonds to guarantee construction of the entire project and therefore felt this protection would provide adequate assurance to the City. Community Development Director Johnson advised that the city attorney rendered an opinion the City may not be protected in the worse case scenario. Council concurred that in the absence of a guarantee from the U.S. Department of Housing and Urban Development and from the city attorney, the request from the developer should be denied. See Clerk's File 1990 -32. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE CIMARRON VILLAGE TOWNHOUSES FINAL PLAT and approving the Cimarron Village Townhouses Subdivision Development Contract. SECOND by Klassen. Ayes: Klassen, Wippermann, Napper. Nays: Oxborough. Mayor Napper suspended the regular agenda at 8:00 p.m. in order to conduct the public hearing scheduled at this time. Mayor Napper opened the public hearing to consider rezoning of 12261 South Robert Trail from Agriculture District to Rural Residential District. The City Clerk presented for the record the Affidavit of Posted and Mailed Hearing Notice and Affidavit of Publication. See Clerk's File 1990 -32. Community Development Director Dean Johnson advised Jim Oberg, owner of the property located at 12261 South Robert Trail, petitioned for a rezoning in order to allow him to build an addition to his house without encroaching into the 50 foot setback required for Agriculture Districts. Johnson advised the front yard setback requirement for the Rural Residential District is 40 feet which would allow construction of the addition without encroaching into the required setback. See Clerk's File 1990 -32. There were no comments or concerns heard from the audience. MOTION by Napper to close the public hearing. SECOND by Wippermann. Ayes: Klassen, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Wippermann to adopt ORDINANCE B -9, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 2, 1990 Mayor Napper opened the public hearing to consider the proposed assessments for West Ridge 3rd Addition Street Utility Improvements, City Project 195. The city clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1990 -32. City Engineer Rich Hefti proposed assessing 41 residential lots in an amount of $10,451.03 per unit for a total assessment of $428,492.24. Hefti advised the final cost of the project was approximately six percent less than the feasibility report cost estimate. See Clerk's File 1990 -32. There were no comments or objections heard from the audience. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL, WEST RIDGE 3RD ADDITION STREET UTILITY IMPROVEMENTS, PROJECT N0. 195. SECOND by Klassen. Ayes: Oxborough, Klassen, Wippermann, Napper. Nays: 0. Mayor Napper opened the public hearings to consider Shannon Hills 2nd Addition Street Utilities Improvement, City Project 216. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -32. Consulting Engineer Bud Osmundson from OSM Engineers reviewed the project and estimated costs for the improvements. City Engineer Hefti addressed the storm water improvements and recommended construction of a storm sewer pipe to handle the storm water from the drainage area south of 145th Street West. Hefti advised the run -off currently flows under 145th Street and then overland to a low point in the northwest corner of the Carrollton Addition and southwest corner of Carrolls Woods. The estimated cost for the additional storm sewer is $37,000, and the city engineer proposed charging the Rosemount Green Apartment Complex the storm sewer connection fee at a rate of $3,750 per acre. See Clerk's File 1990 -32. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Klassen, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Napper to adopt A RESOLUTION FOR APPROVAL OF SHANNON HILLS 2ND ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 1216. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. Building Official Ron Wasmund referred to a letter received from Kay Ostertag, 14888 Dodd Boulevard, in regards to the Council adopting a Housing Maintenance Code. Wasmund provided preliminary information on the benefits of creating standards or levels that properties would have to be maintained to and addressed several 3 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING ti =uit OCTOBER 2, 1990 issues Council should consider before final determination of such a code. See Clerk's File 1990 -32. Kay Ostertag presented a petition signed by numerous residents who indicated by their signature support of a housing maintenance code. See Clerk's File 1990 -32. r. k' Ostertag informed Council of the inability to rent their doub- e.:J` bungalows located at 14745 -9 and 14785 -8 Chile Avenue because of the deterioration of maintenance on other double bungalows in the area. Ostertag also referred to other buildings and homes in. the City which have not been properly maintained. Council directed staff to gather• information from other cities' i•n'•' the county to determine how other cities deal with housing and building deterioration problems and report to Council at the November 20, 1990 Regular Council Meeting. st Community Development Director Dean Johnson requested Council approval of the 1991 Funding Application for $37,133 to be allocated by the County for the City's 1991 recycling program. Council unanimously concurred surrounding haulers should be given':; the opportunity to bid for the City's recycling program. See "t Clerk's File 1990 -32. MOTION by Napper to adopt A RESOLUTION AUTHORIZING APPLICATION TO DAKOTA COUNTY FOR FUNDING THE CITY OF ROSEMOUNT 1991 LANDFILL ABATEMENT PROGRAM. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: 0. Community Development Director Dean Johnson reviewed with Council the Metropolitan Council's proposed guidelines for reviewing land use changes in new airport candidate search areas.'" Johnson" reviewed suggested comments to the Metropolitan Council guidelines and recommended these comments be forwarded to the Metropolitan Council in the form of a resolution. Johnson noted the proposed guidelines would require cities in a candidate or final search areas to submit all zoning related actions to the Metropolitan Council prior to local implementation. Council discussed the implications of the proposed guidelines upon the City and concurred with the community development director's comments. Council further agreed formal action should be taken to request to the Metropolitan Council and any of its site subcommittees the City does not want to be considered for the new airport site. Staff was directed to prepare the resolution -au for adoption at the October 10, 1990 Special Council Meeting. See Clerk's file 1990 -32. MOTION by Napper to adopt A RESOLUTION COMMENTING ON THE PROPOSED AIRPORT SEARCH AREA LAND USE CHANGE GUIDELINES. SECOND by Wippermann. Ayes: Oxborough, Klassen, Wippermann, Napper. Nays: 0. ri. Finance Director Don Darling requested Council to approve a Letter of Intent to Centel, Inc. to lease a Centel Digital Centrex communication systems to replace the present telephone system. Darling advised the present system is at its maximum ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 2, 1990 number of phone extensions and would require a sizeable investment to expand the ability to add phone extensions to the system. See Clerk's File 1990 -32. MOTION by Klassen to approve the execution of the Letter of Intent in favor of Centel, authorizing leasing a Centel Digital Centrex Communications System for the City of Rosemount as recommended. SECOND by Napper. Ayes: Klassen, Wippermann, Napper, Oxborough. Nays: 0. City Engineer Rich Hefti presented for recommendation the hiring of two Maintenance Level I employees and requested that Douglas Stauffer start employment on October 3, 1990 and John Fremming begin on October 9, 1990. See Clerk's File 1990 -32. MOTION by Oxborough to approve the hiring of Douglas Stauffer and John Fremming as Maintenance Level I employees starting at the Step A salary level. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. City Engineer Rich Hefti recommended awarding the contract for the Shannon Hills 2nd Addition Street Utility Improvements to CECA Utilities, the lowest responsible bidder. Hefti noted the bids were formally received by Council on September 18, 1990. See Clerk's File 1990 -32. MOTION by Napper to adopt A RESOLUTION AWARDING CONTRACT FOR SHANNON HILLS 2ND ADDITION STREET UTILITY IMPROVEMENTS, CITY PROJECT NO. 216. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: 0. MOTION by Napper to adopt A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR COST SHARE IN CHIPPENDALE AVENUE RECONSTRUCTION. SECOND by Klassen. Ayes: Oxborough, Klassen, Wippermann, Napper. Nays: 0. See Clerk's File 1990 -32. Council reviewed the request from Rosemount High School to hold a homecoming parade on October 12, 1990, between 6:00 p.m. and 6:30 p.m., from Loch Pharmacy on 145th Street West, down to Chile Avenue and then to the high school. Council concurred Rosemount High School officials should contact residents along the parade route. See Clerk's File 1990 -32. MOTION by Wippermann to approve the use of the city streets and requested city personnel assistance for the 1990 Rosemount High School Homecoming Parade. SECOND by Oxborough. Ayes: Klassen, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Oxborough to accept the resignation of Ron Jacobson from the Rosemount Planning Commission effective October 2, 1990. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. Council Member Oxborough commended staff on their handling of the city -wide water outage problem on September 20, 1990. Council concurred with Oxborough's suggestion that residents should be 5 informed there is arr after hours telephone number available in the event of a similar problem or emergency. Suggestions were made to inform residents of this number by including the number on monthly water bills and the city hall after hours telephone message recording. Police Chief Knutsen informed Council of the resignation of the police department's part time secretary effective October 12, 1990 and requested authorization to begin the process for her replacement. See Clerk's File 1990 -32. MOTION by Napper to approve the resignation. of Karen Kelly and to approve the hiring of a replacement of a part -time secretary for the police department. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: 0. MOTION by Oxborough to approve the disciplinary action against an employee as outlined in Stephan Jilk's memorandum dated September 27, 1990. SECOND by Napper. Ayes: Oxborough, Klassen, Wippermann, Napper. Nays: 0. See Clerk's File 199.0- 32. MOTION by Napper to approve the special meetings as part of meeting schedules for October, 1990 through February, 1991. SECOND by Klassen. Ayes: Klassen, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Napper to adjourn. SECOND by Oxborough. Ayes: 4. Nays: 0. ATTEST: ephan .ilk, Ci, .ministrator Published this day of ($2t. 1990 in Dakota County Tribune. 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 2, 1990 Respectfully submitted, san M. Jo1IL City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 10, 1990 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Wednesday, October 10, 1990, at 6:30 p.m. in the Council Chambers. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. City Administrator Jilk presented a resolution for Council consideration with regards to the two track approach the Metropolitan Council has undertaken for the future expansion of the current Minneapolis -St. Paul Airport and to search for a site for the location of a new airport. At the October 10, 1990 Special Council Meeting, Council had requested preparation of a resolution which would request that no portion of the City of Rosemount be included in any search area or airport search site by the Metropolitan Council or any of its subcommittees. See Clerk's File 1990 -33. MOTION by Wippermann adopt A RESOLUTION SETTING A POSITION ON THE CITY OF ROSEMOUNT'S INVOLVEMENT IN THE MINNEAPOLIS -ST. PAUL AIRPORT NEW SITE SEARCH PROCESS. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. City Administrator Stephan Jilk advised the City Council had requested the opportunity to meet with the Citizens Advisory Committee for the Space /Facilities Needs Study to discuss and receive their comments and input on the Interim Report of the Rosemount Municipal Facilities Study prepared by Boarman Associates,Inc. David Kroos of Boarman Associates reviewed "Option C" of the report advising this was the option the Citizens Advisory Committee reached a consensus on as the most appropriate solution for the City's long term goals and objectives. Committee members in attendance at the meeting provided comments that the recommendations in the report would not necessarily cause an expansion of city hall but rather the moving of departments into other areas; that the design of City Hall is the problem rather than lack of space; the importance of proper design and adequate work space, and the importance of having the deputy registrar department more accessible to the public during and after regular city hall work hours. Council unanimously commended the Citizens Advisory Committee for the excellent report and agreed the report will be well utilized as a long term master plan. Council concurred the recommended phasing was very logical but also very flexible. Council and city staff members thanked the committee members for their time and effort in this study. By unanimous consent the Council requested the consultant to prepare the final report and bring back to council in approximately one month. The next item discussed by Council was the proposed street reconstruction policy. City Engineer Rich Hefti discussed policies adopted by other cities and the different assessment methods 1 available such as front footage, actual costs and predetermined amounts and residential equivalents. After considerable discussion, Council concurred that a draft policy should be prepared and should include a residential equivalent unit price, a percentage of the unit price to be assessed to the property owner, a deferment policy, and an assessment method for urban versus rural area projects. Council concurred to discuss this policy again at the October 16, 1990 Regular Council Meeting. NOTION by Napper to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. ATTEST: Respectfully submitted, Susan M. J ilk, Ci Administrator ih Published this o�5 �P. day of 1990 in Dakota County Tribune. 2 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 10, 1990 on, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 16, 1990 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 16, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough and Klassen present. Council Member Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following: Item 3(d) Flower Garden Award; Item 5(d) Otto Ped Mineral Extraction Public Hearing; and Item 7(d) Old Baptist Church Discussion. Recently hired Maintenance Level I Employees Douglas Stauffer and John Fremming were introduced and welcomed as new staff members by the City Council. See Clerk's File 1990 -34. Superintendent of School District 196 Dr. R. H. Rehwaldt and Board Chair Margaret Gohman provided information on the proposed school district levy referendum to be decided on by the voters on November 6, 1990 General Election Day. Police Chief Lyle Knutsen commented on the table top emergency drill to be held at Koch Refinery October 26, 1990, at 9:00 a.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 16, 1990 The simulated disaster will activate the Emergency Response Team of Koch Refinery and will progress to a stage where Koch will be requesting assistance from the City of Rosemount. Knutsen advised the table top exercise is in preparation for an actual emergency drill to be held in the spring of 1991 and invited the Mayor and Council Members to be involved. See Clerk's File 1990 -34. Mayor Napper suspended the regular agenda discussion at 8:00 p.m. in order to conduct the public hearing scheduled at this time. Mayor Napper opened the public hearing to consider Valley Oak Pond Outlet Improvements, Alternate A, City Project 197A. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -34. City Engineer Rich Hefti advised the purpose of the public hearing is to consider an alternate to City Project 197 approved at the September 4, 1990 public hearing. Approval of City Project 197, Alternate A, would consist of excavating Pond #1, of City Project 197, and lining it so it would hold water on a full -time basis when rainfall amounts are adequate. See Clerk's File 1990 -34. Consulting Engineer David Simons of SEH reviewed the three alternatives available for converting Pond #1 into a retention pond and recommended overexcavating the pond as a two acre pond or an irregular one acre pond. Simons further recommended installing an 18 inch clay liner in the bottom of either of the ponds to accommodate an additional 3.5 feet of standing water. Simons illustrated a cost comparison for constructing a dry pond, a two acre pond and a one acre pond and the proposed assessments if the costs were spread over the entire watershed district or only over the lots surrounding the pond. Simons advised funding may be available, for the creation of the pond, through the U.S. Fish Wildlife Service and Ducks Unlimited. See Clerk's File 1990 -34. Several residents attending the public hearing expressed their viewpoints as to whether the pond should be a dry pond or a wet pond. It was the general consensus from the residents, who did not live on the pond, that they opposed paying the additional costs for overexcavating the pond into a wet pond. Several residents expressed concerns the pond was not properly maintained by the City. MOTION by Napper to close the public hearing. SECOND by Rlassen. Ayes: Willcox, Napper, Oxborough, Rlassen. Nays: 0. Council reached a consensus to table action on Alternate A of Project 197 until they have had more time to review the testimony given at the public hearing as well as documentation. MOTION by Napper to defer action on Alternate A of City Project 197 until November 20, 1990. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. 2 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 16, 1990 By unanimous consent of the Council, a fifteen minute recess was called. Parks Recreation Director David Bechtold advised Deanna Simpson has been notified the City's flower garden project has been selected by the State Horticulture Society as one of the top eighty projects in the last three years. Bechtold advised Deanna will accept this award on behalf of all the volunteers who have been involved in the project. MOTION by Napper to direct staff to draft a proclamation in honor of the volunteers involved with the flower garden project. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. David J. Ganfield, 13728 Danbury Path, requested that Council initiate condemnation proceedings for a drainage easement across his backyard as well as two neighboring lots in Country Hills 2nd Addition. Ganfield referred to past communications between himself and Lee Johnson of U.S. Homes and the fact that he and Johnson are unable to reach an agreement on the value of the easement. Lee Johnson of U.S. Homes objected to condemnation proceedings since Lots 12, 13 and 14 could be filled in and since he felt his offer for the easement rights was fair. See Clerk's File 1990 -34. City Engineer Hefti recommended that Council authorize the condemnation proceedings since U.S. Homes has the responsibility to provide the City with the required easement and cannot reach an agreement with the property owners. Hefti further recommended that U.S. Homes be responsible for the cost of obtaining these easement since they were not obtained at the time the lots were sold. MOTION by Napper to adopt A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS ON LOTS 12, 13 AND 14, BLOCK 3, COUNTRY HILLS 2ND ADDITION. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. MOTION by Willcox to approve the Consent Agenda subject to moving Item 4(g) Change and Approve Attendance at a National Seminar under Old Business, Item 5(d). SECOND by Klassen. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -34. MOTION by Klassen to hire Christopher Lee Hoyt as a Police Officer for the City of Rosemount on or about November 1, 1990 subject to the recommendations outlined in Police Chief Knutsen's memorandum dated October 9, 1990. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Stephan Jilk presented for Council review a draft of an assessment /improvement policy for reconstruction and rehabilitation projects in the City. Jilk recommended continuing the hearing date of the 145th Street Reconstruction Improvements Project until the final street reconstruction policy is adopted. See Clerk's File 1990 -34. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 16, 1990 MOTION by Napper to continue the 145th Street Reconstruction Improvements Hearing from November 6, 1990 to January 15, 1991, at 8:00 p.m. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. MOTION by Napper to reconsider the request from Otto Ped to amend the Zoning Ordinance Text to allow mineral extraction as a permitted use in the Agriculture District east of State Trunk Highway 52 at the November 6, 1990 Regular Council Meeting. SECOND by Willcox. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. MOTION by Klassen to rescind the approval for the Parks Recreation Director to attend the parks and grounds management seminar in Reno, Nevada and to authorize him to attend the seminar being presented as the "National Executive Development School" on December 4 -9, 1990, in Albuquerque, New Mexico. SECOND by Napper. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -34. Fire Chief Scott Aker commented on the revisions to the Rosemount Fire Department Bylaws approved by the fire department membership on September 25, 1990. See Clerk's File 1990 -34. MOTION by Napper to approve the Bylaws of the Rosemount Fire Department which were approved by the fire department membership on September 25, 1990. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Jilk presented a letter of resignation from Wesley Hasbrouck who indicated his intention to resign from the Utilities Commission after eighteen years. Council applauded Wes for his many years of service to the City. See Clerk's File 1990- 34. MOTION by Oxborough to accept the resignation of Wes Hasbrouck from the Utilities Commission effective December 31, 1990. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. Council Member Oxborough advised Council that residents living adjacent to the vacant Baptist Church on Cameo Avenue have witnessed the church being vandalized and expressed their concern of potential fires in the building. Council requested the city administrator address a letter to Baptist Church officials asking them to secure the church in a manner that would eliminate trespassers and vandalism. Mayor Napper adopted A PROCLAMATION PROCLAIMING OCTOBER 22 -28, 1990 RED RIBBON CAMPAIGN WEEK IN THE CITY OF ROSEMOUNT. See Clerk's File 1990 -34. MOTION by Napper to adjourn. SECOND by Oxborough. Ayes: 4. Nays: 0. Respec ull subm Susan M. 8o son, City Clerk 1 ATTEST: ATTEST: Sheila Klassen, Council Member 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 16, 1990 Stephajl Jilk, Cjt'y Administrator Published thisc day of 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING OCTOBER 30, 1990 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Tuesday, October 30, 1990, at 5:10 p.m. in the Council Lounge at City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Wippermann, Oxborough and Klassen present. Also present was special counsel Tom Grundhoefer. The purpose of the meeting was for preliminary consideration of allegations against city employees. Council determined that further investigation was necessary. MOTION by Wippermann to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. Respectfully submitted, Vernon J. Napper, Mayor PL, 02..e r Ate ??z 199 (z.a- Tom'. .e.. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING, 6:55 P.M. OCTOBER 30, 1990 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, October 30, 1990, at 6:55 p.m., in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough, Wippermann, and Klassen present. Mayor Napper led the group in the Pledge of Allegiance. Economic Development Specialist Tracie Pechonick discussed the Blandin Foundation and described the selection process for persons interested in attending this program. Council Member Willcox volunteered to serve on the steering committee. General John Cox and Architect Art Dickie reviewed the plans and renderings of the Rosemount Armory with Council and the audience. Council and city staff presented a plaque to General Cox in honor of his retirement from the Minnesota National Guard after fourteen years of service. City Administrator Jilk advised the plaque signified Council and staff's appreciation of General Cox' work and cooperative efforts on the armory project. Council and staff wished General Cox well on his retirement. Administrator Jilk invited all in attendance to have refreshments following the Council Meeting. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTEST: Stephen Jilk, A4fiinistrator NA Published this day of Respectfully submitted, Susan M. Johnson, City Clerk 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 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 6, 1990, at 8:00 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following: Item 7(d) Christmas Tree Lighting: Wiring Project; and 10(a) 11/7/90 Special Council Meeting. Mayor Napper opened the scheduled public hearing at 8:00 p.m. to consider the Variance Appeal submitted by Larry Newland, 14590 Biscayne Way. The City Administrator presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1990 -35. Mr. Newland has requested an appeal to the denial by the Board of Appeals and Adjustments to allow a variance to minimum zoning ordinance side and rear yard setback requirements to allow construction of a 14' x 18' (252 sq. ft.) accessory structure to within five feet of both the rear and side yard lot lines. The current ordinance states that accessory buildings over 150 square feet in the R -1 District must maintain 30 -foot rear yard and 10 -foot side yard setbacks. City Planner Wozniak advised that Mr. Newland has already constructed the building to within five feet of both the side and rear yard lot lines (former ordinance regulations). Wozniak further noted that construction continued and was completed despite being advised of the necessity of acquiring a variance and without benefit of the issuance of a building permit. The Board of Appeals and Adjustments denied the variance petition based upon the grounds that the request did not meet the requirements for variances as established in Section 15.2 of Ordinance B City of Rosemount Zoning Ordinance. Building Official Ron Wasmund provided a chronological summary of events which ultimately led to the issuance of a citation for failure to comply with zoning ordinance requirements and building codes. Attorney David Harmeyer confirmed the issues presented and further stated that citations have been considered at an arraignment hearing with a pre -trial date set for November 13, 1990. Larry Newland, petitioner, agreed with staff's presentation of the facts; however, he explained that upon initial contact with the City regarding his proposed accessory structure the previous ordinance was in effect, which allowed the five foot side and rear setbacks. Mr. Newland based his construction plans on 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 these requirements and learned of the increased restrictions in the new ordinance after submitting his building permit application. Existing landscaping and potential fire hazard due to proximity of an existing garage were cited as rationale for placement of his building. Mr. Newland stated that Rosemount is more restrictive than surrounding communities regarding setbacks for accessory structures, and, although it may not have been the City's intent when drafting the new conditions, current ordinance regulations would allow as many as six smaller structures at the setback he has proposed for his one 252 square foot building. He expressed his frustration at the length of time for scheduling of the variance hearings. Becoming impatient with the procedure, he completed the structure as he had originally planned, without a building permit or variance approval. Tim Barnes, 14600 Biscayne Way, concurred with Mr. Newland's recommendation that the City consider amending the ordinance to be less restrictive in regard to accessory structures in the R -1 District and that methods should be adopted to expedite the variance procedure. Mr. Newland presented the Council with a petition signed by area residents indicating approval of the placement of the subject structure and in support of an amendment to the zoning ordinance. See Clerk's File 1990 -35. There were no other comments from the audience. MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Council acknowledged that the variance request did not meet the findings necessary for granting of a variance. Although there may be merit in discussing an ordinance amendment in the future, Council concurred that their decision must be based upon the current ordinance standards. MOTION by Napper to deny the appeal to variance denial of Larry Newland on the grounds that his request does not meet the requirements of Section 15.2 of Ordinance B City of Rosemount Zoning Ordinance. Second by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. See Clerk's File 1990 -35. The Council was introduced to Christopher Lee Hoyt, new police officer for the City of Rosemount, who had been sworn in and assumed his duties on October 30, 1990. Council congratulated Mr. Hoyt on his employment and welcomed him to the City of Rosemount. Community Development Director Dean Johnson advised of a request for the City, along with several other metro area municipalities, to participate in the Host City Program for the 1991 International Summer Special Olympics to be held in Minnesota next summer. The City of Rosemount will serve as host to the country of Indonesia and organize and encourage support and involvement from local civic organizations, institutions and businesses. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 Finance Director Don Darling advised Council of the necessity for the sale of General Obligation bonds for Improvement Projects for 1990. Dan O'Neill, Springsted, Inc., described the issues and detailed the amounts of bond sales required to complete six projects by the end of 1990. Police Chief Elliel Knutsen presented a summary of a training session held at City Hall on October 26, 1990. This activity involved a "Table Top Exercise" which simulated a Koch Refining disaster and provided a means for evaluation of participant reaction and response to fictitious emergency situations. Those participating in this successful operation included several department heads, the police department and fire department representatives, as well as representatives of county and state emergency service personnel. MOTION by Napper to approve the Consent Agenda subject to moving Item 5(1) Set Hearing Date for Variance Appeal of Beth Greg Bergacker to under Old Business: Item 6(h); and moving Item 5(j) Approve Pay Estimate 7, Shannon Parkway Street Utilities Improvements to under Old Business: Item 6(i). SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1990 -35. Following a public hearing at its' September 18, 1990 regular meeting, Council failed to approve a petition for a text amendment to the Zoning Ordinance to allow mineral extraction as a permitted use in the Agriculture District east of State Trunk Highway 52. Four votes in favor are necessary for approval of a Zoning text amendment. As a dissenting voter, Mayor Napper has requested this item be brought up at this meeting for reconsideration by Council. City Planner Michael Wozniak briefly reviewed the circumstances which led to this request which would allow Mr. Otto Ped to conduct a sand and gravel mining operation to remove a ridge situated on his property and render the terrain more conducive for agriculture use. Mr. Otto Ped, 4992 145th Street East, stated that his property has been described by the PCA as marginal for suitable agriculture purposes. Wayne Zelmer, Dakota County Soil and Water Conservation District representative, discussed the merits of the proposed project and extended full technical support to the property owner throughout the operation and final reclamation. Palmer Peterson, Bituminous Roadways, Inc. and potential mining operator, discussed the preference of a mining permit over an excavation permit as being more operational and seasonably feasible. Council members Klassen and Wippermann stated they had no objections to the activity proposed for Mr. Ped's property; however, they expressed reservations in allowing mineral extraction in the AG District stating their concern that it would encourage and promote the development of several gravel pits in this area. Their preference would be that this operation take place under a seasonal excavation permit. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 Building Official Ron Wasmund advised that an excavation permit is allowed in this district; however, in this circumstance, a mining permit would provide more control over the mining activities due to stricter criteria. MOTION by Napper to adopt Ordinance B -10 AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Willcox. Ayes: Oxborough, Willcox. Nays: Klassen, Wippermann, Napper. See Clerk's File 1990 -35. By unanimous consent of the Council, a ten minute recess was called at 9:40 p.m. with the meeting reconvened at 9:50 p.m. Due to a word processing error, a provision of the zoning ordinance was inadvertently misprinted and several copies of an incorrect version of the ordinance have been distributed. Staff has determined that the incorrect copies of the Zoning Ordinance were first distributed earlier this year after the text of the ordinance was converted from one word processing computer program to another to facilitate ease of printing of the document for public distribution. City Planner Wozniak advised that there is no legal requirement to hold a public hearing or to republish since a summary of the ordinance was originally published, rather than a verbatim copy. MOTION by Napper that the Council acknowledged the error in the final published copy of Ordinance B City of Rosemount Zoning Ordinance, pertaining to accessory buildings located east of Akron Avenue; and to authorize the redistribution of corrected copies to City Council, Planning Commission, public libraries and other agencies in receipt of the document. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. See Clerk's File 1990 -35. City Administrator Stephan Jilk informed Council that the Rosemount Flower Garden has been the recipient of the 1990 Governor's Green Garden Award. MOTION by Napper to approve a "letter of thanks and congratulations" to the volunteers and contributors for their efforts in establishing the Rosemount Community Flower Garden and directing its publication in the City's official newspaper. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -35. Parks and Recreation Director Dave Bechtold presented the Parks and Recreation Committee formal recommendation to contract with the firm of Brauer Associates to complete a "parks master plan" and for the development of a scoping plan for the "Town Green" and Carroll's Woods projects previously authorized by Council. Jeff Schoenbauer, Vice President of Brauer Associates, provided an overview of the scope of the planning project citing major objectives of the planning exercise and scope of services that would be provided. Completion of this project has been targeted for spring, 1991. 4 1 35. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 The Parks Recreation Committee has also submitted their recommendation of nine persons to serve on the Master Park Committee. Council member Klassen has requested Council consideration for an additional member, Mr. Ed Barloon. MOTION by Willcox to accept the proposal of Brauer Associates and authorize completion of documents necessary to contract that firm to complete a "parks master plan" and additional plans, in detail, for Town Green and Carroll's Woods; and, further, to approve the Parks Master Plan Committee members as recommended by the Parks and Recreation Committee, with the addition of Ed Barloon. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. See Clerk's File 1990- City Administrator Jilk presented an update on the status of the Shannon Park project and outlined staff recommendations for funding the completion of the park development and closing out the Special Project Fund. MOTION by Klassen to approve the funding mechanism for completion of the Shannon Park Project and the closing of the Special Project Fund. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1990 -35. David Kross, Boarman Associates, presented the final document of the "Municipal Facility Study" for formal acceptance and adoption by Council. The final report identifies the City's existing and future structural, equipment and personnel needs, including a phasing plan for implementation, through the year 2005 MOTION by Wippermann to accept and approve the "Rosemount Facilities Study" as presented by Boarman and Associates. SECOND by Willcox. Council member Klassen stated her preference for comment and approval from the Citizen's Advisory Committee before formal adoption. Vote on the MOTION: Ayes: Oxborough, Willcox, Wippermann, Napper. Nays: Klassen. See Clerk's File 1990 -35. Council was directed to their copy of correspondence from Charles LeFevere, Holmes Graven, which outlined the issues to be addressed should the City elect to proceed with the acquisition of the University of Minnesota property. City Administrator Jilk stressed the significance of the proposed study by Holmes Graven which would identify the extent and magnitude of issues a consultant could expect to be involved in resolving potential issues associated with the University property. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 MOTION by Napper to approve the use of the firm of Holmes and Graven for services outlined in the letter dated October 30, 1990 from Charles LaFevere and to direct the City Administrator to receive cost estimates from Holmes Graven of services to be provided and to limit the expenditure for the services to $3,000 until a cost estimate is received and further expenditures are approved. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. See Clerk's File 1990 -35. Community Development Director Dean Johnson informed Council, that upon further investigation and interpretation by the city attorney, it has been determined that the current ordinance does not require extraordinary aesthetic treatment of accessory structures situated east of Akron Avenue. This eliminates the requirement for Mr. and Mrs. Greg Bergacker to seek a variance for their proposed accessory storage building at 13080 Akron Avenue. Council directed staff to address a letter to the Bergackers informing them of the recent findings, apologizing for the delay in issuing a building permit and thanking them for their patience; and, further, directed that the Bergackers receive a refund of the Variance Petition fee. As requested by Council member Klassen, City Engineer Rich Hefti agreed to examine and confirm that manhole specifications have been met on Shannon Parkway. MOTION by Klassen to approve partial payment #7 for City Contract 1989 -5, Shannon Parkway Street Utility Improvements to Richard Knutson, Inc. in the amount of $23,282.22. SECOND by Napper. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -35. MOTION by Oxborough to ratify the Rosemount Fire Department action and accept the resignation of Bill O'Donnell, effective October 23, 1990. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. See Clerk's File 1990 -35. Community Development Director Johnson discussed and compared responses received from the Request for Qualifications (RFQ) for hauler services for the 1991 Rosemount Recycling Program. Based upon the comprehensive manner in which Knutson Services, Inc. (KSI) addressed the RFQ, as well as the excellent record as previous hauler for the Rosemount Recycling Program, staff recommends KSI be contracted to provide recycling hauler services for 1991. MOTION by Wippermann authorizing staff to negotiate a contract for recycling services for the Rosemount Recycling Program for the 1991 calendar year with Knutson Services, Inc. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1990 -35. City Administrator Jilk requested Council authorization to initiate the process for replacement of vacancies on the City's various commissions, committees and boards, per City policy. 6 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 6, 1990 MOTION by Klassen directing that the city commission /committee selection process begin and that city staff take the necessary action to do so. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. See Clerk's File 1990 -35. Staff has received proposals for additional electrical connections needed to accommodate Christmas tree lighting at the westerly entrance to City Hall and requested Council approval to award the contract to Corrigan Electric Company for their low bid of $3,381.00. MOTION by Klassen to approve hiring Corrigan Electric Company to install the extra wiring to provide electrical service for the Christmas tree decorations in an amount not to exceed $3,381. SECOND by Napper. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. See Clerk's File 1990 -35. The League of Minnesota Cities (LMC) will hold its Annual Legislative Policy Adoption Meeting on November 27, 1990 in Minneapolis. This event is an opportunity for City staff and officials to meet with state legislators and be involved in the policy adoption process. MOTION by Napper authorizing Council and department heads to attend the LMC Policy Adoption Meeting and to pay costs associated with the attendance. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1990 -35. MOTION by Napper to reschedule the November 7, 1990 Special Council Meeting to November 14, 1990. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. (Adjourned at 11:25 p.m.) ATTEST: Respectfully submitted, Donna Quintus Recording Secretary Stephan Jilk, City Administrator Published this c ri S day of /U� 1990 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING NOVEMBER 13, 1990 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Tuesday, November 13, 1990, at 6:07 p.m., in the Council Lounge at City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Wippermann, Oxborough and Klassen present. Also present were special counsels Tom Grundhoefer and Jack Clinton. The purpose of the meeting was to continue discussion of allegations against city employees. An investigation is to be made. Upon completion of the closed portion, the meeting was opened at 10:22 p.m. for other discussions. Discussion was held to suspend the meeting set for November 26, 1990, at 6:30 p.m., regarding the 1990 Bond Series Sale. MOTION by Napper to suspend the meeting set for November 26, 1990, at 6:30 p.m., regarding the 1990 Bond Series Sale. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Discussion was held to cancel the special council meeting set for November 14, 1990, at 6:30 p.m., regarding the 1991 budget. MOTION by Napper to cancel the special council meeting set for November 14, 1990, at 6:30 p.m. regarding the 1991 budget. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Discussion was held to authorize the law firm of Clinton and O'Gorman, P.A. to handle the investigation into personnel matters. MOTION by Napper to authorize the law firm of Clinton and O'Gorman, P.A. to handle the investigation into personnel matters. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. The meeting was adjourned at 10:25 p.m. ATTEST Respectfully submit ed, Vernon Sheila Klassen, Council Member Published this a p day of N h1iait. 1990 in Dakota County Tribune. J ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 20, 1990 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 20, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Acting Mayor Wippermann called the meeting to order with Council Members Willcox, Oxborough and Klassen present. Acting Mayor Wippermann led the group in the Pledge of Allegiance. Cindy Carlson, planning intern from the University of Minnesota, was introduced to Council. Council welcomed Cindy who will be working for the City for a one year period. See Clerk's File 1990 -36. MOTION by Wippermann to approve the Consent Agenda subject to changing the word, "overage" to "surplus" in the last paragraph of Item 4(e), Approve Purchase of Traffic Radar Unit. SECOND by Oxborough. Ayes: Willcox, Wippermann, Oxborough, Klassen. Nays: 0. Dean Weigel, Executive Director of the Minnesota Valley Humane Society, extended his appreciation to Council and staff members for their efforts in trying to locate a site for an animal shelter in Rosemount. Weigel announced the recent purchase of the old Burnsville City Hall. Weigel estimated an opening date in the early part of 1991. Weigel requested from the City a one time donation of $.50 per capita which will be used for renovation costs and start up of equipment for the new shelter. See Clerk's File 1990 -36. MOTION by Wippermann to approve the expenditure of $4,000 in the 1991 operating budget to the Minnesota Valley Humane Society for their shelter construction project. SECOND by Klassen. Ayes: Wippermann, Oxborough, Klassen, Willcox. Nays: 0. Economic Development Specialist Tracie Pechonick reviewed a Supplemental Agreement Between the City of Rosemount and Knutson Services, Inc. regarding the use of Knutson Services as the contract hauler for the 1991 Rosemount recycling program. Pechonick announced that in 1991, additions to the City's curbside recycling program will include high grade office paper, corrugated cardboard, one time collection of Christmas trees which will be composted and all recyclable plastic containers. Prior to January 1, 1991, a special mailer will be mailed to all residences announcing the new recycling program. See Clerk's File 1990 -36. MOTION by Wippermann to approve the Supplemental Agreement Between the City of Rosemount and Knutson Services, Inc. and to authorize the appropriate signatures. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 20, 1990 Council held discussion on Project 197, Valley Oak Pond Outlet, as to whether the Valley Oak Pond located within the Winds Crossing Addition should be left as a dry pond, as approved by Council on September 4, 1990, or changed to a wet pond with the capability of holding water should there be adequate runoff available. If the wet pond was included in the project, it was suggested the maintenance of the pond could be addressed through a covenant or neighborhood association of those residents living around the pond. Mayor Napper took his chair at this time, Following further discussion by Council and residents from the area, City Engineer Rich Hefti recommended the City bid the project with the dry pond as the base bid and the wet pond as the alternate bid. The bidding process would allow the City to go forward with the project and also permit the City to inform residents of the exact costs for construction of the wet pond. Council concurred this information would be valuable in determining whether to approve the wet pond construction. Council further concurred they would like to know if additional funding from agencies such as the U.S. Fish Wildlife and Ducks Unlimited is still possible before final disposition on the project is made. See Clerk's File 1990- 36. MOTION by Napper to receive the addendum to the original feasibility report to Project 197, Valley Oak Pond Outlet. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Klassen to instruct staff to go out for bids on Project 197 and to identify the dry pond as the base bid and the wet pond as an alternate bid. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough. Nays: 0. Abstain: Napper. MOTION by Willcox to direct the Public Works Department to perform proper maintenance on Valley Oak Pond, whether constructed as a dry pond or a wet pond. SECOND by Oxborough. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Mayor Napper informed Council of his request for staff to prepare a list of alternatives for Council to consider with regards to mining operations in the Agriculture District. Community Development Director Dean Johnson reviewed several alternatives and recommended an overlay option within the Agriculture District to allow mining operations in an area east of Highway 52 and within a one -half mile distance of County Road 42. Council Member Wippermann suggested language be included in the Zoning Ordinance which would keep the mining operations small and restoration would occur on a faster timetable then normal mining operations. As an example, Wippermann suggested provisions that would require 75% of each phase completed in one year and the balance within eighteen months. Johnson will receive input from mining operators and provide further information on Wippermann's suggestions. See Clerk's File 1990 -36. 2 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 20, 1990 Administrator Stephan Jilk commented on the more than usual amount of official weed notices generated by the City this past summer, and the City having to cut vegetation according to the Weed and Vegetation Control Section of the City Code. Jilk advised this Section of the Code was originally adopted in 1975 and amended in 1983. Jilk felt the present Ordinance may not address the many changes and different types of land uses and development presently existing in the community and further felt the intent of the ordinance, to allow the City to cut vegetation which has reached a certain level based upon complaints of others, is not broad enough in scope. See Clerk's File 1990 -36. A petition was received from property owners in Rosemount Hills III Addition requesting the City to modify the current Weed and Vegetation Control Ordinance. See Clerk's File 1990 -36. Administrator Jilk recommended that a committee be formed comprising of representatives from the community, city staff and council for the purpose of reviewing the existing ordinance, other city ordinances covering weed and vegetation control and current information available from other sources to draft a more encompassing and more manageable ordinance. Citizens in the audience requested that Council consider modification of the weed ordinance and provided suggestions on the make up of the committee. MOTION by Napper to receive the petition to modify the Weed and Vegetation Ordinance and to place it on file. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to authorize the establishment of a committee to review the existing weed ordinance and to make recommendations for revisions. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Council reviewed a letter dated November 15, 1990 from Mike McDonough, Sunrise Builder Supply, 14000 South Robert Trail, in which McDonough requested an indication as to whether or not the City is interested in acquiring his property. Administrator Jilk advised many issues need to be addressed before the City can move forward on the purchase of the property. Council unanimously agreed the property for various reasons would be a benefit to the City and assured McDonough this issue would be dealt with in a timely manner. See Clerk's File 1990 -36. Community Development Director Dean Johnson reviewed the Proposed Metropolitan Council Policies for the Rural Service Area in which the majority of the City lies. Johnson reviewed the two primary issues relating to the City's current planning efforts and potential land use policies. See Clerk's File 1990 -36. Council reviewed the proposed amendments to the Vermillion River Watershed Management Organization Joint Powers Agreement which would allow the addition of Ravena Township to the Watershed ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 20, 1990 Management Organization and provide two housekeeping amendments. See Clerk's File 1990 -36. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE SECOND AMENDMENT TO JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT COMMISSION FOR THE VERMILLION RIVER WATERSHED. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Community Development Director Dean Johnson requested Council authorization to proceed with notifying property and business owners with signs not in compliance with the ordinance that they have two weeks to bring their property into compliance or face being cited for violation of the Zoning Ordinance. Johnson advised his staff will provide assistance to those persons who contact the City before the two week period expires. See Clerk's File 1990- 36. MOTION by Napper to authorize staff to proceed with sign ordinance enforcement. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. City Engineer Rich Hefti presented a recommendation to accept the resignation of Engineering Technician Blake Crandall and to advertise for a replacement. Hefti requested the advertisement be placed immediately with an application deadline of December 14, 1990. Discussion was held by Council to withhold advertising for the position until Council has had the opportunity to review the final draft of the proposed 1991 budget. It was also recommended a staffing needs study be completed before the position is filled. Following further discussion, Council reached a general consensus to allow placement of the advertisement after the public hearing to consider the 1991 budget is held on December 11, 1990. See Clerk's File 1990 -36. MOTION by Napper to accept the resignation of Blake Crandall and to authorize advertising for the position effective December 14, 1990. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: Willcox. Mayor Napper presented for discussion the concept of a weekly Rosemount newspaper. Economic Development Specialist Tracie Pechonick commented on complaints received from citizens that the current city newsletter is not produced frequently enough and most of the information provided is either outdated or vague. Pechonick reported on meetings staff and Mayor Napper has attended with the editor of the "Farmington Independent" to discuss the production of a weekly newspaper which would be mailed to each household in Rosemount. Pechonick reviewed the proposed costs and proposed obligations of the City and the newspaper. Staff was requested to continue their discussions with representatives of the "This Week" and "Countryside" to determine what opportunities are available from these newspapers. Council concurred that staff should pursue the concept with the "Farmington Independent" but should also contact the "This Week" and "Countryside 4 See Clerk's File 1990 -36. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 20, 1990 Administrator Stephan Jilk reminded Council of the Christmas Tree Lighting Ceremony scheduled for November 23, 1990 at 7:00 p.m. at City Hall. Mayor Napper will officially pull the switch for the new lighting of the Christmas lights on the trees at City Hall and the new lights downtown. Administrator Jilk and Council commended the Public Works Department for their hard work in installing all the new decorations and lights. See Clerk's File 1990 -36. MOTION by Napper to set a Special Council Meeting for Monday, December 17, 1990, at 6:30 p.m. for the purpose of interviewing candidates for the City's volunteer committees. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Administrator Stephan Jilk presented to Council a listing of additions and deletions to the proposed 1991 Budget. Council will receive an updated budget package within the next few days. See Clerk's File 1990 -36. MOTION by Willcox to set a Special Council Meeting for November 26, 1990, at 6:30 p.m. for the purpose of discussing the proposed 1991 Budget. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Commissioner Loeding requested the City to reconsider its position on asking the County to eliminate Akron Avenue from its Five Year Capital Improvements Program. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST] Respectfully submitted, so n M. Joh so n C t Clerk y k Steph Jilk, R'' y Administrator Published this /3 day of 1990 in Dakota County Tribune. 5 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, November 26, 1990, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper announced the purpose of the meeting is to review and discuss the proposed 1991 Budget. Council Member Willcox handed out a memorandum to Council and the City Administrator which addressed several issues concerning the 1990 Operating Budget and Five Year CIP and the proposed 1991 Operating Budget and Five Year CIP. Council Member Willcox reviewed each of the listed items contained in the memorandum. See Clerk's File 1990 -37. City Administrator Stephan Jilk responded to the items contained in Council Member Willcox' memorandum and presented a draft of the 1991 Operating Budget dated November 26, 1990. See Clerk's File 1990 -37. Dan O'neill of Springsted, Inc., the City's financial consultant, presented several options for the Council to consider as solutions to immediate budgetary problems as well as methods of establishing a long range financial plan. O'neill's recommendations included drawing on bonds that are paid up, issuing equipment certificates for various types of equipment with a life expectancy of five years or more and using unencumbered capital improvement fund reserves. O'neill further recommended the City address a long term financial management plan for the City and consider employing a debt management plan. Administrator Stephan Jilk supported the fiscal consultant's comments and requested direction from Council on the way in which staff and the fiscal consultant should address the immediate problem of the current projected shortfall for 1991. Council commented on O'neill's recommendations and suggested methods of meeting the projected shortfall. Council concurred staff should look at the different options provided by the fiscal consultant and review the proposed 1991 budget for possible cuts in the proposed budget. Council further concurred another budget work session should be held to reviewed recommendations from the City's fiscal consultant and staff prior to the Public Hearing scheduled for December 11, 1990. MOTION by Napper to set a special Council Meeting for Thursday, December 6, 1990, at 6:30 p.m., in the Council Chambers, for the purpose of reviewing the proposed 1991 budget. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 26, 1990 1 1 1 City Administrator Stephan Jilk advised the appellate judge ruled, in the City's favor on the first case appealed on the assessments for Hawkins Pond storm sewer improvements, City Project 176. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTES ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 26, 1990 Respectfully submitted, usS an M. Johnson, City Clerk Steph "n Jilk, t' y Administrator Published this /3 'day of e h', 1990 in Dakota County Tribune. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 1990 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 4, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Willcox and Oxborough present. Council Members Wippermann and Klassen were absent. Mayor Napper led the group in the Pledge of Allegiance. Den Boxrud of SEH was introduced to the Council. Mr. Boxrud will represent SEH on consulting engineer work done for the City. See Clerk's File 1990 -38. MOTION by Napper to approve the Consent Agenda as presented. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough. Nays: 0. See Clerk's File 1990 -38. City Engineer Hefti reviewed the plans for Valley Oak Pond Outlet, Project 197. Hefti recommended a bid opening date of January 4, 1991, at 10:00 a.m. The bid specifications included a base bid for dry pond construction of Valley Oak Pond, an alternate bid for wet pond construction of Valley Oak Pond and an alternate bid for Ponds 2 and 3 of the project. See Clerk's File 1990 -38. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 4, 1990 MOTION by Willcox to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, VALLEY OAK POND OUTLET IMPROVEMENTS, CITY PROJECT 1197. SECOND by Oxborough. Ayes: Napper, Oxborough, Willcox. Nays: 0. Council discussed a request received from Rich Lonnquist to allow him to do his required internship at the City of Rosemount. It was noted Rich Lonnquist is pursuing a retraining program at St. Paul Vocational College as a result of a permanent injury he sustained while working for the City. MOTION by Willcox to discuss the engineering technician internship at the December 18, 1990 regular council meeting. SECOND by Napper. Ayes: Oxborough, Willcox, Napper. Nays: 0. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 3. Nays: 0. ATTEST: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 11, 1990 Respectfully submitted, usan M. Johnson, City Clerk Vernon per l or Published this o?7 day of &/2% 1990 in Dakota County Tribune. 2 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, December 11, 1990, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Willcox, Oxborough and Klassen present. Council Member Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper advised the purpose of the meeting was to conduct a public hearing to consider the proposed 1991 Operating Budget, 1991 4 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 11, 1990 1995 CIP Budget and the 1991 property taxes the City Council proposes to collect. The city clerk presented for the record the Notice of Proposed Taxes advertised in the "This Week" Newspaper. See Clerk's File 1990 -39. Administrator Stephan Jilk reviewed the notice residents received regarding the proposed 19.2 percent increase in the City's tax levy for 1991. Administrator Jilk advised the actual increase in taxes payable in 1991 caused by the proposed increase in the City's levy will be approximately three percent or less. Jilk explained to the audience how the increases being proposed are supported by the rise in property valuation in the City and advised the City experienced an increase in property valuation from the end of 1989 to the end of 1990 of approximately 16.5 percent. See Clerk's File 1990 -39. Administrator Jilk provided an overview of the proposed 1991 operating budget by summarizing the proposed expenditures and revenues for each department. Jilk also reviewed the proposed five year capital improvements budget, retirement /severance fund, bonded indebtedness, fire relief and armory levy for 1991 and commented on the local government aid and anticipated MSA maintenance funds the City will receive for 1991. Administrator Jilk provided an overview of budget comparisons for the years 1986 to 1991. This comparison included such items as total operating budgets, five year capital improvement budgets, capital improvement funding, bonded indebtedness, local government aid, internal revenue generated, number of city employees, single family building permits, market valuations, general fund reserves and capital improvement reserves. See Clerk's File 1990 -39. The city administrator answered questions from the audience with regards to the increase of city staff members from the year 1986 to 1991, how reducing the number of city employees could result in reducing services provided by the City, bonded indebtedness, and general reserve funds. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Mayor Napper advised that because the Council is currently conducting an in depth study of various areas of the budget, the Council would not comment or discuss individual items of the proposed 1991 budget. Mayor Napper estimated completion of the study by the end of 1990; and upon completion, the Council would again review the proposed 1991 budget. Mayor Napper noted further examination of the 1991 budget would not result in any increases in residents' property taxes. Council concurred ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 11, 1990 residents will be informed of the date and time when the 1991 budget will be discussed by Council. MOTION by Napper to adopt A RESOLUTION APPROVING THE 1991 GENERAL OPERATING BUDGET, THE 1991 1995 CIP BUDGET AND THE 1991 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Administrator Jilk advised Council the City has received twenty —two applications for the vacancies on the City's commissions and committees. Due to the number of applications received, the administrator recommended holding two special council meetings for the purpose of interviewing candidates. MOTION by Napper to set a special council meeting on January 3, 1991, at 6:30 p.m. and on January 8, 1991, at 6:30 p.m. in the Council Chambers at City Hall, for the purpose of interviewing applicants for the City's commission /committees. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. ATTEST. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 1990 Administrator Respectfully submitted, Susan M. Johnson, City Clerk Published this day of LIM/mi lt 1990 in Dakota County Tribune. 3 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 18, 1990, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 1990 MOTION by Napper to approve the Consent Agenda as presented. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Economic Development Specialist Tracie Pechonick presented options for providing residents city information which included continuing the current "Rosemount City Newsletter purchasing a page from either the "Thisweek" or "Countryside" or purchasing a page from the proposed Rosemount newspaper for Rosemount city news. Pechonick reviewed the positive and negative factors associated with each of the choices and outlined the costs for each publication. See Clerk's File 1990 -40. Council discussed the amount of staff time involved with the different options, the costs involved and the advantages and disadvantages of producing a weekly publication versus a monthly one. It was suggested establishing a volunteer community information coordinator or a committee to accumulate and prepare information for the publication. Following further discussion Council directed staff to provide additional cost figures which would include annual potential advertisement revenues from developers, legal costs for minutes and public notices and brochure costs for recreational programs. Mayor Napper suspended the regular agenda at this time to allow the public hearings scheduled for this time to be conducted. Mayor Napper opened the public hearing to consider applications received from Louie's, Incorporated for an On Sale Intoxicating Liquor License and a Sunday On Sale Intoxicating Liquor License. The city clerk presented for the record the Affidavit of Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1990 -41. City Clerk Susan Johnson advised applicant Louie Walsh, President of Louie's, Incorporated applied for liquor licenses to operate a lounge at 14450 South Robert Trail. Johnson identified the premise as what is known as "Kady's" and advised the applicant has only leased the lounge side of the building. Johnson advised the applicant paid the required license fees, submitted proof of liquor liability and possessed a clean criminal record. The city clerk recommended approval of the applications subject to the applicant receiving a certificate of occupancy on the premise from the city building official. See Clerk's File 1990 -41. Applicant Louie Walsh was introduced to Council and informed Council of his intentions of running a very clean place of business. MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 1990 MOTION by Willcox to approve issuance of an On Sale Intoxicating Liquor License and a Sunday On Sale Intoxicating Liquor License to Louie's Incorporated, doing business as Kady's, located at 14550 South Robert Trail, for the period January 1, 1991 to January 1, 1992, subject to issuance of a certificate of occupancy by the city building official. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Mayor Napper opened the public hearing to consider a proposed amendment to the City of Rosemount Comprehensive Guide Plan. The city clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1990 -41. Administrator Stephan Jilk informed Council that on December 17, 1990, City Planner Michael Wozniak was contacted by Timothy Whitten, Project Architect for the Rosemount Retail Center Project requesting that consideration of the proposed Guide Plan Amendment be deferred. The reason for this request was a last minute conflict which caused key members of the development group to be unable to attend. Jilk advised the architect was reminded by City Planner Wozniak that a public hearing had been scheduled and citizens would be in attendance to listen to discussion. See Clerk's File 1990 -41. Council concurred members of the audience present for this public hearing should be given the opportunity to comment and agreed to hold the public hearing. Community Development Director Dean Johnson advised the proposed amendment to the Comprehensive Guide Plan involves a request to redesignate approximately 46 acres of property from Agriculture to General Commercial land use designation in the Comprehensive Guide Plan and to add the property to the Metropolitan Urban Service Area. Johnson described the approximately 46 acres as situated just south of CSAH 42 between Shannon Parkway and Diamond Path. See Clerk's File 1990 -41. Community Development Director Johnson provided a brief overview of a site plan for the proposed commercial development and explained the proposed phasing plan submitted by the developers. Johnson stated this item was considered by the Planning Commission at its January 23, 1990 and February 27, 1990 meetings, and the Planning Commission recommended denial of this Guide Plan Amendment on February 27, 1990. Johnson noted the applicants have now elected to reinitiate consideration by the City Council of the proposed plan amendment. Johnson briefly reviewed several issues relating to staff's recommendation to deny the proposed Guide Plan Amendment which included inconsistency with the Goals, Objective and Policies of the Guide Plan, conflict with City policy of requiring commercial development be located contiguous to existing commercial areas, costs associated with construction of public utilities and the results of a recent market analysis which indicated the proposed development could significantly impact retail sales volume of existing merchants and limit the potential for expansion of commercial development. 3 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 1990 Several members of the audience opposed the proposed development. Business owners in the South Rose Park commercial area felt commercial development should continue from South Rose Park to the west and not cause a leap frogging effect, felt the proposed development was in conflict with the recent market analysis study conducted for the City, advised proposed similar businesses could jeopardize the existence of current businesses and felt continued development in South Rose Park would only benefit the present business owners as opposed to development of a new commercial area. Homeowners living adjacent to the proposed commercial development indicated support and opposition to the development and requested consideration for a reasonable buffer and to not extend the streets from this area into the residential areas. Following public comment Council discussed whether to close the public hearing or to continue it to another date so the applicants could provide comment on their request for the amendment to the Comprehensive Guide Plan. MOTION by Wippermann to close the public hearing. SECOND by Klassen. Ayes: Wippermann. Nays: Oxborough, Klassen, Willcox, Napper. Following failure of this motion, Council reached a general consensus to continue the public hearing so the developers can be present to review their proposal before Council. MOTION by Willcox to continue the Comprehensive Guide Plan Amendment public hearing to Tuesday, February 5, 1991, at 8:00 p.m. SECOND by Oxborough. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: Wippermann. Building Official Ron Wasmund reviewed a survey of cities in Dakota County and the metropolitan area concerning maintenance code and other treatment of building deterioration problems. Wasmund summarized the housing maintenance codes of the two cities in Dakota County that have housing maintenance codes in place. West St. Paul's code applies to all housing whether owner occupied or rental and starting in January, 1991, the ordinance will be enforced through a contract with Dakota County HRA using one of their housing inspectors. South St. Paul has a housing maintenance code which applies only to rental property, and the license cost is $15.00 per unit for a three -year period. Wasmund also provided an overview of the eight cities out of the twenty cities surveyed in the metropolitan area outside of Dakota County which have maintenance codes and two others which are considering adoption in 1991. Wasmund estimated there are 350 -400 rental units and 50 -75 sleeping rooms or manufactured homes rented in the City. Wasmund stated he felt there was some need in the City to have some form of code or language for compliance, which should incorporate standards for compliance with regards to aesthetics, energy, life safety, health and environment. See Clerk's File 1990 -41. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 1990 Council discussed the merits of adopting a housing maintenance code and reached a general consensus the code should apply to all housing whether owner occupied or rental and should be handled on a written complaint basis only. Council directed staff to prepare the language of a housing maintenance code based upon this criteria. City Engineer Rich Hefti reported on his contact with the counselor at St. Paul Vocational Institute with regards to Rich Lonnquist serving his internship program in the City Engineering Department beginning June 1, 1991. Hefti advised the intern position would be responsible for basically data entry, and this responsibility met the criteria of Lonnquist's internship program. See Clerk's File 1990 -41. MOTION by Willcox to approve Rich Lonnquist to do his internship program at the City based upon the criteria established by City Engineer Rich Hefti. SECOND by Oxborough. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. City Engineer Rich Hefti requested Council authorization to advertise for the engineering technician position pursuant to Council's direction to postpone advertisement of this position until after the 1991 budget hearing held on December 11, 1990. Discussion was held by Council as to whether advertisement of the position should be delayed until final disposition of the 1991 budget. City Administrator Stephan Jilk reviewed the potential revenue brought in by this position through fees charged by providing inspection and project management for private and public projects and projected savings to the City by eliminating consultant fees for work required on city projects and projected overtime by the City's second engineering technician. See Clerk's File 1990 -41. MOTION by Klassen to approve advertisement for the engineering technician position. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: Willcox. City Administrator Jilk presented a recommendation from Fire Marshall George Lundy to initiate a review of the City's fire rating. Jilk advised staff members have met and concurred major improvements in the City's water system, communication capabilities and improved fire department equipment, training and record keeping should have a direct result on lowering the current rating of 6. See Clerk's File 1990 -41. MOTION by Oxborough to authorize the initiation of a review of the City's fire rating by Commercial Risk Services, Inc. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. City Engineer Rich Hefti presented for Council adoption a resolution establishing water and sewer rates, charges and deposits for 1991. Hefti noted the main changes in the resolution are reverting back to quarterly charges with a minimum charge for both water and sewer. The water consumption minimum quarterly charge will be based on 18,000 gallons and will be $18.00 plus the meter maintenance fee. 5 The sanitary sewer quarterly minimum charge will be based on 15,000 gallons and will be $27.75. Hefti further advised the billing for sanitary sewer will be based on the actual water consumption for the first, second and fourth quarters, and the third quarter (June, July and August) will be estimated using the first quarter water consumption. Concerns were expressed from one member of the Council that the proposed minimum quarterly charge would be unfair to senior residents on a fixed income and would not encourage water conservation. Administrator Jilk advised the minimum quarterly charge would bring equality to the system in that all users would be charged equally for maintaining the system. Hefti further recommended the city storm sewer connection charge remain the same as 1990 until further review by the Utilities Commission. Utilities Commission Chairperson Joe Walsh was present and answered question regarding the recommendations from the Utilities Commission. See Clerk's File 1990 -41. MOTION by Klassen to adopt A RESOLUTION REESTABLISHING WATER AND SEWER RATES, CHARGES AND DEPOSITS FOR 1991, and to allow the storm sewer connection charges for 1990 to remain in place. SECOND by Wippermann. Ayes: Oxborough, Klassen, Wippermann, Napper. Nays: Willcox. Parks and Recreation Director David Bechtold presented the recommendation from the Parks and Recreation Committee to increase the land values for the dedication of land and /or cash contribution for new residential subdivisions from $10,000 to $12,000. See Clerk's File 1990 -41. MOTION by Napper to adopt A RESOLUTION ADOPTING LAND VALUES FOR THE COLLECTION OF PARK DEDICATION FEES IN THE CITY OF ROSEMOUNT. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Community Development Director Dean Johnson presented drawings which identified several issues and land use concepts for the Council to consider regarding the possibility of the City or the Rosemount Economic Development Authority purchasing the Sunrise Builder Supply property located at 14000 South Robert Trail. Johnson reviewed storm water ponding information, sanitary sewer and water availability, estimated fill material needed, potential use as a National Guard maintenance facility and the potential relocation of existing businesses on the west side of South Robert Trail and what tax increment may be available for creating a new tax increment district. Council concurred the property could be a benefit to the City, but at this point in time, consideration for purchasing the property was not feasible. Council directed staff to send a letter to the owner of Sunrise Builder Supply confirming this decision. See Clerk's File 1990- 41 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 1990 City Administrator Stephan Jilk thanked the Council for allowing him to attend the National League of Cities Conference in Houston, Texas, December 1 -5, 1990. Jilk found it to be a very 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 1990 worthwhile conference. Council Member Klassen also reported on her attendance at the conference and agreed it was an excellent conference. City Administrator Jilk commented on the announcement by the Metropolitan Council on December 14, 1990 of the three candidate search ares identified and recommended for further consideration as areas for a potential new major airport. The candidate search areas are the Anoka Isanti Chisago Counties Area, Dakota County area (which includes a portion of Rosemount), and the Dakota -Scott Counties Area. The administrator reviewed the timetable for the next steps in the process. Jilk advised within six months a task force will propose one search area from the three and by December, 1991, the Metropolitan Council will designate the final search area. The Metropolitan Airport Commission will then have up to four years to select a site within the search area. Council discussed what position and role the City should take in this process and what would be the most beneficial and responsible to the City. Administrator Jilk advised administrative staff from several cities in Dakota County are presently discussing forming a committee to discuss the issues. Jilk suggested it may be feasible to form citizen committees to discuss and review the issues involved in the selection process. Following further discussion, Council concurred to the importance of staying actively involved in the entire process. See Clerk's File 1990 -41. Administrator Jilk advised the City of Rosemount received notification from the Department of Economic Development that the City of Rosemount was designated the 107th city to receive the Star City status. A formal presentation of this designation will be held on January 19, 1990. Council commended all the city staff members involved in the process and specifically commended Economic Development Specialist Tracie Pechonick for her efforts in achieving the Star City status. Administrator Jilk reviewed the proposed agenda for the Special Council Meeting Open House scheduled for December 20, 1990. Administrator Jilk advised Council of the city /county annual legislative breakfast scheduled for January 11, 1991, at 7:30 a.m. at the Rosemount American Legion. The purpose of the meeting is to allow Dakota County city officials and staff to present a series of legislative positions to state senators and representatives from Dakota County. The administrator invited Council to attend and meet with their legislators. MOTION by Rapper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. Respectfully suby{tted, 7 Susan M. Johnson, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 18, 1990 ATTEST: 1 'St ph Jilk, C�ity Administrator Published this 17 day of JoomAaAj, 1991, in the Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 20, 1990 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 20, 1990, at 6:45 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Wippermann and Klassen present. Council Members Willcox and Oxborough were absent. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper thanked everyone for coming to the State of the City and Open House and for joining the City Council and City Staff to hear a report on the work Council and Staff have done to meet the goals set for the community for 1990. Mayor Napper reviewed the process which started approximately two years ago for gathering input from Rosemount residents. The purpose of the process was to gather community input as part of the decision making process to establish goals and objectives for the community. Mayor Napper advised that in January, 1990, the City Council and City Staff held a work session for the purpose of utilizing all the input gathered for establishing these goals and objectives. These thirteen goals were presented to the community in April, 1990, and subsequent work sessions were held by Council to work on the goals. Mayor Napper advised the City Administrator will report the accomplishments Council and Staff have attained so far and work yet to do. Mayor Napper further advised the City Council and City Staff will meet in February, 1991 to develop a new set of goals and strategies for the community of which some will represent those goals of which work still needs to be accomplished and also new goals. The Mayor encouraged audience members to participate in discussion, ask questions, provide comments and suggest new goals for 1991. Administrator Stephan Jilk presented seven main topics which were consolidated from the thirteen goals established in 1990. Administrator Jilk commented on each of the main topics and provided specific examples of how Council and Staff are ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 20, 1990 addressing these issues, what accomplishments have been or are being made,and how these topics affect different aspects of the community. These seven topics included environment, land use, economic development, taxes versus service needs, communications, state legislature and city facilities. Council received several comments from the audience concerning minimum lot size, the recent announcement of the three airport search areas, waste management industry in the City and future retail development. Administrator Jilk provided an update on the armory and reviewed the plans of the armory with the audience. May-or N'apper invited' everyone to enjoy some refreshments and to meet with Council and Staff Members. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 3. Nays: 0. dministrator R0SEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 2, 1991 Respectfully submitted, SGsan M. "Jo9inson, City Clerk Published this 1 'today of Ju+nuouua, 1991, in Dakota County Tribune. 2 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Tuesday, January 2, 1991, at 6:00 p.m. in the Council Lounge at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper advised the purpose of the meeting was to review and discuss recommendations from the city administrator with regards to union contracts for 1991 and 1992 and to salary and benefit adjustments for full -time non -union employees for 1991. City Administrator reviewed his memorandum dated December 28, 1990 which outlined his recommendations. See Clerk's File 1991 -2. 1 By unanimous consent Council adjourned the meeting at 7:30 p.m. to conduct the regular council meeting of January 2, 1991. Mayor Napper reconvened the special closed council meeting in the Council Lounge at 9:30 p.m. following adjournment of the regular council meeting. After further review and discussion of the proposed salary and benefit adjustments, Council directed the city administrator to put together a final package for the police union, public works union and full -time non -union employees. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTEST: l l L Stephan Jilk, City Administrator Published this o(`1`- day of a3.m A b 1991 in Dakota County Tribune. 2 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Wednesday, January 2, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. Since this was the Organizational Meeting of the City Council, Reverend Charles Dundas of United Methodist Church of Rosemount offered the invocation. Administrator Stephan Jilk presented his recommendation for Council approval to enter into a Joint Powers Agreement which would allow the City to participate in the Minnesota Municipal Money Market Fund offered by the League of Minnesota Cities. There are presently 203 cities participating in this money market fund. See Clerk's File 1991 -1. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 2, 1991 Respectfully submitted, Susan M. Johnson, City Clerk I ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1991 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1991 MOTION by Wippermann to adopt A RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS AGREEMENT IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS IN CONNECTION THEREWITH. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION NAMING DEPOSITORIES /FINANCIAL INSTITUTIONS FOR CITY FUNDS. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. See Clerk's File 1991 -1. MOTION by Napper to designate the "Dakota County Tribune" as the City's official newspaper for 1991. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1991 -1. The Consent Agenda was reviewed by Council. Council concurred paragraph 5 on page 5, of the December 18, 1990 Regular Council Meeting Proceedings should be amended as follows: Council directed staff to send a letter to Sunrise Builder Supply confirming Council's decision that it was not feasible to purchase the property located at 14000 South Robert Trail at this time. Fire Chief Scott Aker advised Item 6(j) Approval for Expenditure for Fire Fighter Training should be amended to state the classes will be held some time in March, 1991 rather than February, 1991. See Clerk's File 1991 -1. MOTION by Napper to approve the Consent Agenda as amended. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Fire- Chief Scott Aker reviewed action taken by the Rosemount Fire Department on December 18, 1990 to accept the resignation submitted by Rich Lonnquist. Aker advised Lonnquist had been a member of the Fire Department since 1979 and submitted the resignation because of medical reasons. See Clerk's File 1991 -1. MOTION by Oxborough to accept the resignation of Rich Lonnquist, fire fighter, effective December 18, 1990. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Administrator Stephan Jilk requested Council authorization to purchase and install "Star City" signs at six different entry locations of the City. The total cost is $852.00. See Clerk's File 1991 -1. MOTION by Napper to approve the purchase and installation of six 80" by 18" Rosemount "Star City" signs to be located as indicated by staff and further directing staff to obtain the necessary sign permits. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1991 City Planner Michael Wozniak presented a request for renewal of a sand and gravel mining permit for the east 34 acres of the Lance Johnson property located off of Rich Valley Boulevard. Wozniak noted the current phasing plan, reclamation plan and conditions associated with the mining permit were originally approved in 1982, and the applicant proposes to continue operation in Phases 1, 2 and 3 for approximately two more years. The current operator of the sand and gravel operation is Bituminous Roadways, Inc. of Minneapolis, and the owner and application for the permit is Lance J. Johnson. Wozniak presented an overview of the mining operation in Phases 1, 2 and 3 which showed where the mining operation had encroached onto required mining setbacks and onto the property of Charles Koehnen during the last permit period. City Planner Wozniak recommended that approval of the Lance Johnson Mining Permit be contingent on Bituminous Roadways, Inc. agreeing to completely restore all acreage on the Koehnen property and that a separate performance bond, cash escrow or letter of credit be required to guarantee proper restoration of the Koehnen property. Palmer Peterson, President of Bituminous Roadways, Inc. informed Council the Koehnen property and required setbacks were inadvertently excavated and would be restored. Peterson further advised a cross section of the Koehnen property was conducted by Delmer H. Schwanz Land Surveyors, Inc., and an agreement has been made with the property owner for restoration of the property. City Planner Wozniak presented staff's recommendation to require a performance bond in the amount of $2,000 per acre for the 34 acre mining site. Wozniak noted the $2,000 per acre performance bond requirement is the City's current policy, and this amount would adequately guarantee the ability of the City to have the property restored should the applicant default on the conditions of the mining permit. Wozniak advised the Planning Commission recommended a bond requirement of $34,000 or $1,000 per acre which was agreeable to the applicant. Applicant Lance Johnson presented his objections to Council regarding the $2,000 per acre bond requirement and a one year mining permit as opposed to a two year permit. The applicant informed Council he was agreeable to a bond requirement of $1,000 per acre. City Engineer Rich Hefti reviewed his memorandum dated December 28, 1990 which provided documentation for justifying the recommended $2,000 per acre requirement. Palmer Peterson presented a letter to Council objecting to the City Engineer's estimates for reclamation. Peterson felt it would be more appropriate to use larger quantities in determining individual costs per acre. Peterson presented a restoration cost of $1,432 an acre. Considerable discussion ensued by Council regarding performance bond requirements for mining operations. Council discussed the pros and cons of the City continuing its present policy of requiring a consistent performance bond amount for all permit applicants or requiring a bond amount based upon the individual 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 1991 applicant. It was felt consideration should be given to the type of mining operation, area to be mined, materials to be mined and background of the applicant when determining the performance bond amount. It was felt by setting individual bond amounts, it would also eliminate a bond amount requirement from not only being too high but also too low. MOTION by Willcox to approve the Lance Johnson mining permit subject to the mining permit conditions for 1991 and subject to property restoration conditions for the Charles Koehnen property and to require a performance bond in the amount of $34,000. SECOND by Oxborough. Ayes: Napper, Oxborough, Willcox. Nays: Wippermann, Klassen. Discussion ensued by Council to direct staff to prepare guidelines to be used in determining performance bond amounts based on each mining permit applicant. Concerns were expressed from Council as to the feasibility of utilizing a considerable amount of staff time to formulate such a method and that such a method would only complicate the process. Concerns were also expressed that determining on an individual basis could cause a considerable amount of time in monitoring and inspecting mining sites. MOTION by Wippermann to approve the expenditure of $6000 to Independent School District 196 for the operation of the Rosemount Senior Citizen program. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1991 -1. Mayor Napper announced he will present his recommendations for the council liaison appointments at the February 5, 1991 regular council meeting. Administrator Jilk advised he will be making a presentation to Council at the next regular council meeting on the community center and will be requesting a formal approval of the format of the ballot question for the proposed referendum. See Clerk's File 1991 -1. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST: Stephan J'/ k, City A.ministrator Respectfully ubmitted, Susan M. Jo nson, City Clerk Published this ol?ti2'day of CRwu&oi,y, 1991, in Dakota County Tribune. J 1 The following residents were interviewed: ATTEST: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 3, 1991 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held Wednesday, January 3, 1991, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Wippermann, Oxborough and Klassen present. Council Member Willcox was absent. Mayor Napper advised the purpose of the meeting was to conduct interviews of applicants for the Planning Commission, Parks and Recreation Committee and Utilities and Cable Commissions. See Clerk's File 1991 -3. William H. Droste, 13832 Danbury Path Cathy Busho, 12605 South Robert Trail Grethchen J. Dokken Nellie, 14570 Shannon Parkway Kurt C. Gundacker, 12801 Shannon Parkway Joseph "Ole" Tranby, Sr., 2800 West 130th Street. Mayor Napper advised decisions would be made on the applicants following the second interviewing session on January 8, 1991. MOTION by Napper to adjourn. SECOND by Oxborough. Ayes: 4. Nays: 0. Respectfully submitted, Susan M. Johnson, City Clerk teph./ Jilk, city Administrator Published this 'day of Cr 1991 in Dakota County Tribune. 0 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 8, 1991 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 8, 1991, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper advised the purpose of the meeting was to interview candidates for the Planning Commission, Parks and Recreation Committee and Utilities and Cable Commissions. See Clerk's File 1991 -4. The following residents were interviewed: Shawn Mulhern, 14099 Dane Avenue Michael Busho, 12605 South Robert Trail Lucy Holzer, 15614 Cornell Trail Deanna Simpson, 3534 Upper 143rd Street West Lois M. McKinley, 3395 147th Street West Judy Howard, 3531 143rd Street West John M. Howard, 14975 Camfield Circle Keith Joyce, 14827 Charlston Avenue Ronald B. Lehner, 12765 Chinchilla Avenue Scott W. Rynerson, 14350 Cameo Avenue John F. Edwards II, 14405 Cimarron Avenue Kevin Carroll, 3325 147th Street West. The next item on the agenda was the resignation of City Engineer /Public Works Director Rich Hefti. Administrator Stephan Jilk outlined a recommended hiring process for filling this position. See Clerk's File 1991 -4. MOTION by Napper to accept the resignation of Rich Hefti effective February 1, 1991 and to authorize the commencement of the replacement /hiring process as outlined in the City Administrator's memorandum of January 8, 1991. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Following a brief recess, Council discussed the candidates interviewed on January 3, 1991 and this date for the various commissions and committees. After considerable discussion, Council concurred to following appointments: Parks and Recreation Committee: John Howard, Scott Rynerson, Deanna Simpson. Planning Commission: Kathy Busho, John Edwards, Kurt Gundacker. Council concurred to appoint Kathy Busho and John Edwards to fill the three year term positions, and Kurt Gundacker to fill the vacant position which expires December, 1991. 1 d ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 8, 1991 Utilities Commission and Cable Commission: Shawn Mulhern. Mayor Napper advised Council would take formal action on these appointments at the January 15, 1991 regular council meeting. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. ATTEST: Respect ully submitted, n M. so Clerk S a y Stephan ffilk, C' Administrator Published this o2`1 &day of 1991 in Dakota County Tribune. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING JANUARY 14, 1991 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held Monday, January 14, 1991, at 6:30 p.m. in the Council Lounge at City Hall. Mayor Napper called the meeting to order with all members present. Also present were special counsels Jack Clinton and Tom Grundhoefer. Presentation of special counsel's report was made to Council by Jack Clinton. By unanimous consent a recess was called at 8:00 p.m. with the meeting reconvening at 8:13 p.m. Findings of the investigation by special counsel into allegations made toward certain staff members have found those in question to be cleared of any wrongdoing, and their competency has been confirmed. By unanimous consent a recess was called at 8:45 p.m. with the meeting reconvening at 8:55 p.m. At Council's request, City Administrator Stephan Jilk joined the meeting at 8:55 p.m. ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING JANUARY 14, 1991 MOTION by Napper: The Council having met to preliminarily consider and review allegations against certain city staff, and having reviewed the report of Clinton and O'Gorman, P.A. Attorneys at Law, dated January 7, 1991, the Council hereby finds there to be no merit or basis for disciplinary action of any sort against those staff members, specifically City Administrator Stephan Jilk, Community Development Director Dean Johnson and Public Works Director /City Engineer Richard Hefti. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. The Council further agreed that written apologies should be sent to the staff members mentioned above. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Vernon J. Napper, Mayor Published this l day of AlgAdt, 1991 in Dakota County Tribune. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 15, 1991 Respectfully submitted, Sheila Klassen, Councilmember 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 15, 1991, at 7:30 p.m. in the Council chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. MOTION by Napper to approve the Consent Agenda subjected to amending the January 8, 1991 Special Council Meeting Proceedings to include Lucy Holzer as an applicant for one of the City's commissions and to exclude Daniel Brown who did not attend one of the interviewing sessions. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -5. 1. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 15, 1991 City Engineer Rich Hefti presented the Utilities Commission recommendation to set the 1991 storm sewer connection charge at $980. Hefti advised that although the Utilities Commission's original recommendation was justified, based upon needs, the Commission agreed such a tremendous increase should not be made all at one time. Clerk's File 1991 -5. MOTION by Napper to adopt A RESOLUTION RESCINDING RESOLUTION 1990 -111 AND ADOPTING A RESOLUTION ESTABLISHING WATER AND SEWER RATES, CHARGES AND DEPOSITS FOR 1991. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Engineer Hefti reviewed the bid tabulation of the bids received for Contract 1991 -6, Valley Oak Pond Outlet, Project 197. Hefti commented on the estimated project costs and estimated individual assessments if the contract was awarded with the base bid or with the base bid and Alternate A. The city engineer advised the bid is structured to allow the City to wait until March 5, 1991 to find out if there is any outside funding assistance for the wet pond construction or if the property owners adjacent to the pond support construction and payment for the wet pond. The city engineer added these residents would be provided with a fact sheet listing all the estimated costs. See Clerk's File 1991 -5. MOTION by NAPPER to adopt A RESOLUTION RECEIVING THE BIDS FOR VALLEY OAK POND OUTLET IMPROVEMENTS, CITY PROJECT 1197. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Administrator Stephan Jilk presented for Council review a resolution causing the proposed community center referendum to be held on February 19, 1991. In reviewing the resolution, Jilk commented on the format of the ballot, the estimated costs for each of the proposed buildings to be constructed, the four precinct polling places and the appointment of election judges. See Clerk's File 1991 -5. MOTION by Napper to adopt A RESOLUTION CALLING FOR A SPECIAL ELECTION TO CONSIDER THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE CONSTRUCTION OF MUNICIPAL BUILDINGS. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Police Chief Lyle Knutsen requested Council authorization to purchase two 1991 Chevrolet Caprice squad cars at a cost per automobile of $12,959. See Clerk's File 1991 -5. MOTION by Oxborough to authorize the purchase of two police vehicles and to authorize the set up costs for both units. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Wippermann to transfer $9,582.90 from the General Fund to the Flexible Spending Account on a temporary basis to be paid back through employee withholdings. SECOND by Klassen. Ayes: ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 15, 1991 Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -5. MOTION by Napper to transfer $20,000 from the General Fund to the Armory Fund on a temporary basis until July 1, 1991 at which time the Armory Fund will reimburse the General Fund. SECOND by Wippermann. Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. See Clerk's File 1991 -5. MOTION by Klassen to enter into a contract with the State Fire Marshal's Office to continue to conduct school inspections by the City Fire Marshall. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1991 -5. MOTION by Napper to authorize the expenditure of $192 for Blandin Foundation attendees for transportation expenses in February, 1991. SECOND by Oxborough. Ayes: Oxborough, Willcox, Wippermann, Napper. Nays: 0. Abstain: Klassen. Community Development Director Dean Johnson presented the resignation of Michael Wozniak, city planner. Johnson reviewed a replacement schedule and requested authorization to advertise for a new city planner. See Clerk's File 1991 -5. MOTION by Oxborough to accept the resignation of Mike Wozniak, effective February 15, 1991, and to authorize the advertisement /rehiring process as outlined in the January 11, 1991 community development director's memorandum. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Administrator Stephan Jilk requested Council to authorize expenditures for costs not covered by donations for the Star City Designation Celebration dinner on January 19, 1991. This dinner will be held in conjunction with the Rosemount Chamber of Commerce Shamrock Award Dinner at the Rosemount American Legion. See Clerk's File 1991 -5. MOTION by Napper to authorize an amount not to exceed $450 to be used as payment of the costs for the Rosemount Star City Celebration. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Mayor Napper proclaimed the month of January, 1991, LIFELONG LEARNING AWARENESS MONTH in the City of Rosemount. See Clerk's File 1991 -5. Mayor Napper requested Council action to affirm the consensus reached by Council at the January 8, 1991 Special Council meeting regarding the appointments to the City's commissions and committees. Mayor Napper noted this consensus was reached after holding two interviewing sessions of several fine candidates for the vacancies. Mayor Napper recommended the appointments as follows: 5. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 15, 1991 Parks and Recreation Committee: John Howard, Scott Rynerson and Deanna Simpson for three year terms. Planning Commission: Cathy Busho and John Edwards for three year terms; and Kurt Gundacker to serve a one year term due to the resignation of Daniel Huntington. Utilities Commission and Cable Commission: Shawn Mulhern for a three year term. MOTION by Napper to approve the membership appointments for the Parks and Recreation Committee, Planning Commission and Utilities and Cable Commissions as recommended in Mayor Napper's memorandum. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. See Clerk's File 1991- Administrator Jilk commented on the annual goal setting session for Council and department heads scheduled for February 9, 1991, from 8:00 a.m. to 3:00 p.m. Discussion was held by Council and the Administrator to delay the goal setting session until a new city engineer has been hired and also until after the February 19, 1991 community center referendum. See Clerk's File 1991 -5. MOTION by Napper to set a tentative date of April 13, 1991 for the goal setting session. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Community Development Director Dean Johnson presented the preliminary goals approved by the Planning Commission for the update of the Comprehensive Guide Plan. Council concurred to hold a special meeting with the Planning Commission members to receive their input and comments on the proposed goals and also to allow further discussion by the Council. See Clerk's File 1991 -5. MOTION by Napper to hold a joint meeting on February 12, 1991, at 6:30 p.m., with the Planning Commission to discuss the goals for the Comprehensive Guide Plan. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Councilmember Klassen advised the commissioners of the Minnesota Valley Transit Authority will be touring the new transit facilities on January 23, 1991, at 6:30 p.m. Klassen invited Council to attend this tour. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST: Respectfully submitted san M. Johnson, City Clerk Step 'an ilk, City tk'dministrator Published this 7 day of (400 ik..., 1991, in the Dakota County Tribune. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 5, 1991 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 5, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following additions: Item 4(j) Approve Payment to Sunrise Builders; Item 5(f) Water Rate Increase Discussion; Item 8(e) Resolution to Approve No Parking on County Road 33; Item 8(f) Planning Commission Appointment; Item 8(e) Special Tax Increment Legislation; Item 11(a) NSP Rate Increase; and Item 11(b)Community Appreciation Luncheon. MOTION by Wippermann to approve the Consent Agenda with the addition of Item 4(j) Approve Payment to Sunrise Builders. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -6. City Planner Michael Wozniak reviewed the proposed South Rose Park 3rd Addition Final Plat which is a 3.8 acre subdivision located at the intersection of Carousel Way and Chippendale Avenue. Wozniak presented the Planning Commission's approval of the final plat subject to conditions set out in the Subdivision Development Contract. See Clerk's File 1991 -6. MOTION by Napper to adopt A RESOLUTION APPROVING THE SOUTH ROSE PARK 3RD ADDITION FINAL PLAT and to approve the Subdivision Development Contract. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Council discussed the application from the property owner, Carlson Farms, Inc., to rezone the property of the proposed South Rose Park 3rd Addition from R -3 Multiple Residential to C -4 General Commercial. It was noted Council action on the rezoning was tabled at the September 4, 1990 public hearing until Council could consider the final plat. City Planner Wozniak advised the Planning Commission recommended approval of the rezoning at its August 14, 1990 regular meeting. See Clerk's File 1991 -6. MOTION by Willcox to adopt ORDINANCE B -10, AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Mayor Napper opened the public hearing scheduled at this time to consider the Amberwood Estates Preliminary Plat. The City Clerk presented for the record the Affidavit of Posted and Mailed Hearing Notice and Affidavit of Publication. See Clerk's File 1991 -6. 1 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 5, 1991 City Planner Wozniak identified the preliminary plat as an eight lot rural residential development to be located on a forty acre parcel situated on the south side of County Road 38 at Rosemount's west boundary. Wozniak informed Council he was notified on January 31, 1991 by the developers of their decision to withdraw the revised preliminary plat and to proceed with the original preliminary plat approved by City Council on September 4, 1990. Wozniak provided a brief summary of the approved preliminary plat and addressed concerns from adjacent property i owners regarding possible deviations the developer may make in the final plat. See Clerk's File 1991 -6. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Wippermann to accept the letter from Meadowood, Inc. acknowledging the withdrawal of the revised Amberwood Estates preliminary plat. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Mayor Napper opened the public hearing for the continuation of a public hearing held on December 18, 1990 to consider an amendment to the Comprehensive Guide Plan. The city clerk advised the prescribed notices are on file from the public hearing held on December 18, 1990. City Planner Michael Wozniak advised the Comprehensive Guide Plan Amendment was presented by a development group to redesignate approximately 46 acres of property from Agriculture to General Commercial land use designation and to add the property to the Metropolitan Urban Service Area. The property is located south of County Road 42 between Shannon Parkway and a future segment of Diamond Path. Wozniak advised the Planning Commission recommended denial of the Guide Plan Amendment on February 27, 1990. Planner Wozniak presented a recommendation from city staff to deny the proposed amendment and reviewed three findings of fact to document staff's recommendation. See Clerk's File 1991- 6. Timothy Whitten, architect for the developers, presented a preliminary concept drawing of the proposed retail center. The developer commented on issues addressed by city staff and advised Council the proposed retail center would have a positive impact on the downtown area, the project would not cause leap- frogging of commercial development since it would eventually be connected to existing commercial property and the project would attract retailers who would not want to develop in the downtown area. Some residents from the area informed Council of their support of the project, and other residents objected to having a retail center close to their homes. Rich Carlson of Carlson Tractor opposed the proposed project. Carlson expressed concerns regarding the costs for public improvements and the detrimental effect the project would have on existing commercial businesses ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 5, 1991 on County Road 42 and in the downtown area. Lucy Holzer of Rosemount Floral Express commented on the importance of simultaneous development of the downtown area and the commercial area on County Road 42. MOTION by Napper to close the public hearing. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Considerable discussion was held by Council with regards to whether a retail center at this site would cause a leap frogging effect of commercial development and whether the project would be detrimental to the downtown area. Mayor Napper requested for clarification an indication from each member as to whether or not he /she would approve the guide plan amendment if the developers had leases from anchor tenants of the proposed retail center. Councilmembers Willcox and Oxborough indicated they were in favor of the project whether or not the developers had anchor tenants. Mayor Napper indicated he was in favor of the project only if the developers had anchor tenants for the project. Councilmember Klassen opposed approving the amendment at this point in time but was not sure whether anchor tenants would cause her to ultimately approve the project. Councilmember Wippermann advised he was not in favor of the project until the process for revising the Comprehensive Guide Plan was completed. MOTION by Klassen to deny a Comprehensive Guide Plan Amendment proposed to redesignate property from Agriculture to General Commercial designation and to include such property in the MUSA for the purpose of development of the Rosemount Retail Center based upon findings of fact identified in the Planner's memorandum for this item dated February 1, 1991. SECOND by Wippermann. Ayes: Wippermann, Napper, Klassen. Nays: Oxborough, Willcox. By unanimous consent a recess was called at 9:40 p.m. with the meeting continuing at 9:55 p.m. Director of Community Development Dean Johnson reviewed with Council the various methods of providing city information to the residents either through a city newsletter or a local newspaper. Johnson outlined the five different options city staff have researched and the costs associated with production, parks and recreation schedules, legal notices, minutes and postage. Following review of the different methods, Council unanimously agreed staff should begin negotiations with Todd Heikkila, who has expressed an interest in publishing a Rosemount paper. See Clerk's File 1991 -6. Parks Recreation Director David Bechtold presented recommendations from the Parks Recreation Committee to form parks master plan subcommittees for Town Green and Carrolls Woods and to approve the recommended members to serve on these subcommittees. See Clerk's File 1991 -6. 3 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 5, 1991 MOTION by Oxborough to approve the committees to serve to formulate master plans for the areas of Town Green and Carrolls Woods and to approve the names of the citizens recommended to serve on each of those committees. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Administrator Stephan Jilk requested Council approval to continue indefinitely the 145th Street Reconstruction, City Project 212. Jilk advised the request is based on lack of determination of certain factors surrounding the project and the need to proceed with the reconstruction of the west end of 145th Street in conjunction with the Dakota County Diamond Path project. See Clerk's File 1991 -6. MOTION by Napper to continue the public hearing on Project 212 until a time and place is set by the Council and to notify those affected residents of this action. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Mayor Napper requested Council consideration to allow further review of utilizing a minimum gallon usage charge for water service customers using less than 18,000 gallons of water per quarter. Some of the Council had received several calls from residents objecting to their increased water rates. MOTION by Willcox to review the water and sewer rates after the Utilities Commission has had the opportunity for further review and recommendations. SECOND by Napper. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Fire Chief Scott Aker informed Council of action taken by the Fire Department on January 22, 1991 to accept the resignation of Jon Glor. Aker stated Fire Fighter Glor had been a member for six years and resigned because of work related reasons. See Clerk's File 1991 -6. MOTION by Oxborough to ratify the Fire Department's action and to accept Jon Glor's resignation from the department effective January 22, 1991. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Planner Michael Wozniak presented the requests from Earl and Florence Bester and Earl and Doris Marotzke for approval of their respective applications of renewal of the Agricultural Preserve status of their properties. See Clerk's File 1991 -6. MOTION by Wippermann to adopt A RESOLUTION CERTIFYING LANDS ELIGIBLE FOR AGRICULTURAL PRESERVES. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Parks and Recreation Director David Bechtold requested Council authorization to advertise for bids for seven vehicles for various city departments. Bechtold indicated the seven vehicles represent city departments working together to salvage use of vehicles from one department to another in an effort to provide an economical and efficient replacement process. Discussion was ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 5, 1991 held by Council regarding the City experiencing State Aid cuts of approximately $60,000 in July of this year, and the need for the City to exercise restraints in expenditures. See Clerk's File 1991 -6. MOTION by Napper to approve the specifications and to allow staff to prioritize the purchase of the vehicles based upon need and to see if the City can hold off purchasing some of the vehicles until later in the year. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. City Administrator Jilk read a resolution for support of the United States armed forces serving in the Gulf War and for support of the flying of the American Flag and the placement of yellow ribbons in the downtown area. Administrator Jilk advised the American Legion has offered to fly the American Flags through the duration of the war, and the yellow ribbons were placed through the cooperative efforts of Rosemount Floral Express and the Rosemount American Legion Auxiliary. Jilk commented the resolution also authorized placing yellow ribbons on City of Rosemount vehicles. See Clerk's File 1991 -6. MOTION by Napper to adopt A RESOLUTION OF SUPPORT FOR THE MEN AND WOMEN OF ROSEMOUNT AND CITIES AND TOWNS THROUGHOUT THE UNITED STATES WHO ARE SERVING IN THE GULF WAR. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0 City Administrator Jilk presented a draft resolution for adoption by Council for approving no parking on CSAH 33 from 700' south of 145th Street to approximately 1000' north of 140th Street. The Dakota County Highway Department had requested adoption of a resolution so the County may use State Aid Funds for the Diamond Path reconstruction project. See Clerk's File 1991 -6. MOTION by Napper to adopt A RESOLUTION PROHIBITING PARKING ON CSAH 33. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Community Development Director Dean Johnson advised Kurt Gundacker, who was recently appointed to the Planning Commission, received notification he is to be dispatched to San Antonio, Texas with his Army Reserves unit. Council concurred Mr. Gundacker should maintain his position on the Planning Commission unless his absence affects the purpose and objectives of the Planning Commission. Administrator Stephan Jilk and Community Development Director Dean Johnson updated Council on recent meetings they have attended with the City's financial consultants with regards to establishing special legislation for future enhancements of the City's ability to use tax increment laws. Mayor Napper presented for Council consideration the concept of doing away with council liaison positions and establishing committees for the areas of finance and personnel, police and 5 1 fire and environmental resources management. Mayor Napper advised these committees would be comprised of one to two council members and appropriate staff members. Council concurred they were interested in reviewing the concept further and directed the city administrator to present additional information at a future meeting. Council unanimously agreed to proceed on a schedule provided by the city administrator regarding discussion and adoption of a street assessment policy. See Clerk's File 1991 -6. Administrator Stephan Jilk advised he will be proposing budget cuts to Council as a result of the City experiencing a $60,000 cut in state aid this July. See Clerk's File 1991 -6. Administrator informed Council that Northern States Power has filed a request for an 8.1 percent increase in rates and has also requested a 5.94 percent interim rate increase effective March 29, 1991. Administrator Jilk informed Council of an invitation received from the Senior Citizens Center for Council and City Staff to attend their annual Community Appreciation Luncheon on February 28, 1991, from 11:30 a.m. to 1:00 p.m. By unanimous consent the Council adjourned the regular meeting and at this time held a special closed meeting to continue discussion of allegations against city employees. ATTEST: Stephan Jilk, Pty Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 5, 1991 Respectfully submitted, Susan M. Johnson, City Clerk Published this day of P 1991 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING FEBRUARY 5, 1991 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Tuesday, February 5, 1991, at 11:30 p.m. in the Council Lounge at City Hall. Mayor Napper called the meeting to order with all members present. Also present was City Administrator Stephan Jilk. The purpose of the meeting was to discuss the report prepared by special counsel who conducted an investigation as a result of allegations against city employees. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. ATTEST: v Vernon J. apper, Mayor Respec/ ully s bmit Stepha/ Jilk, A;,Pnistrator Published this 'Pt day of fil N11iiY 1991 in Dakota County Tribune. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 12, 1991 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 12, 1991, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Wippermann, Oxborough and Klassen present. Councilmember Willcox was absent. Also in attendance were Planning Commissioners Cathy Busho, John Edwards, Al Meyer, and Sheila Hathaway. Staff members in attendance were Stephan Jilk, Dean Johnson, Michael Wozniak, Cindy Carlson, Jeff May and David Bechtold. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper announced the purpose of this joint meeting of the Council and Planning Commission was to review and discuss those goals developed by Consultant Fred Hoisington and staff for 4 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 12, 1991 consideration in the Comprehensive Guide Plan. See Clerk's File 1991 -7. Fred Hoisington advised each goal was developed from those presented through the Citizens Advisory Committee, Citizens Attitude Survey and City Council. Since the goals do not go far enough for the purpose of setting policy, the goals need to be discussed and revised as part of the guide plan revision process. Hoisington reviewed with the group each of the twenty -four goals. Hoisington will make revisions as requested by the Council and Commissioners. The discussion concluded on these goals at 9:30 p.m. at which time the Council took a fifteen minute recess. The Council reconvened at 9:45 p.m. at which time Mayor Napper suggested the Council not take up discussion on the street assessment policy but consider Agenda Item 3, Accept Resignation of Dean Johnson. Discussion was held by Council regarding the resignation. See Clerk's File 1991 -7. MOTION by Napper to accept, with regret, the resignation of Dean Johnson as Community Development Director, effective March 22, 1991 and to thank Dean for all the years of service to the City of Rosemount. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. Dean Johnson indicated his feelings that this has been a tough decision to leave the relationships and challenges he has had here with Rosemount; and he is leaving with regret. At 9:57 p.m. the Council by unanimous consent went into closed session to continue discussion on the investigation, which has been completed, into allegations regarding certain employees. At 12:00 Midnight, the Council reconvened to an open session. A recommendation was presented by City Administrator Stephan Jilk regarding personnel matters in the finance department. See Clerk's File 1991 -7. MOTION by Napper to accept and approve the recommendations as outlined in City Administrator Jilk's memorandum dated February 12, 1991. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: 0. Discussion was held regarding the opening in the Public Works Director position. MOTION by Napper to appoint Ron Wasmund as Public Works Director contingent upon an agreement to be reached by City Administrator Jilk on salaries and benefits for Mr. Wasmund. SECOND by Klassen. Ayes: Oxborough, Klassen, Wippermann, Napper. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 12, 1991 Further discussion ensued regarding the Community Development Department and the vacancies to be created by Dean Johnson and Michael Wozniak. The counsel concurred that the planner position should become a Director of Planning, and take on a department head status. Council also agreed a selection process should be developed for this action. The Council further concurred that the position of Community Development Director should be eliminated, and that the position of Assistant City Administrator should be developed. MOTION by Napper to direct City Administrator Stephan Jilk to begin the process of hiring an Assistant City Administrator to include the development of a job description, salary structure, hiring timeframe and advertisement. Ayes: Klassen, Wippermann, Napper, Oxborough. Nays: 0. Council directed City Administrator Jilk to discuss with Dean Johnson the opportunity to utilize Mr. Johnson as a consultant in areas chosen by the City after March 22, 1991. Proposals for conclusion of salaries and benefits adjustments for all employees were discussed. The selection process for the replacement of the City's law firm was discussed. It was decided that the second interviews for any firms by the selection committee would be suspended and that City Administrator Jilk would meet with representatives of the Hertog— Fluegal law firm to develop further recommendations to the City Council on this issue. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. 3 Respe fully sub ministrator Vernon J. Napper, Mayor Published this 7 day of /0a/01., 1991, in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19, 1991 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 19, 1991 at 8:00 p.m. in the Council Chambers of the City Hall. Mayor Napper called the meeting to order with members Willcox, Wippermann and Oxborough present. Boy Scout Troop No. 270 presented the Colors and led the group in the Pledge of Allegiance. The agenda for the February 19, 1991 Regular Council Meeting was amended to include the following: Item 10(c) Director of Planning Hiring Process; and Item 10(d) Finance Director Appointment. MOTION by Napper to approve the Consent Agenda as presented. Second by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough. Nays: 0. See Clerk's File 1991 -8. Parks and Recreation Director David Bechtold presented a revised recommendation for purchase and trade -in of City vehicles. At their last meeting Council directed staff to prioritize the purchase of vehicles based upon need and to see if the City can hold off on a portion of the requested purchases to allow Council the opportunity to re- evaluate anticipated State Aid cuts. Bechtold advised this latest request represents a reduction from $111,600 to $70,000. See Clerk's File 1991 -8. MOTION by Oxborough to authorize the Public Works Supervisor to advertise for and receive sealed bids for vehicles as outlined in the Park and Recreation Director's memorandum for the February 19, 1991 Council Meeting. Second by Wippermann. Ayes: Wippermann, Napper, Oxborough, Willcox. Nays: 0. Community Development Director Dean Johnson presented the Heuer Addition final plat for Council approval. The approximate 2- acre subdivision was submitted by Mr. Martin Heuer, 12552 South Robert Trail, who currently resides on one of the parcels and involves the platting of two existing metes and bounds description lots for the purpose of reconfiguring existing lot lines. Mr. Heuer recently discovered his private septic system was situated on the adjacent lot and the effort to clear title on the property initiated the subdivision process. The proposed plat meets subdivision and zoning ordinance requirements with the exception of minimum lot size which was addressed and approved by action of the Board of Appeals and Adjustments in April, 1990. See Clerk's File 1991 -8. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE HEUER ADDITION FINAL PLAT. Second by Napper. Ayes: Napper, Oxborough, Willcox, Wippermann. Nays: 0. Community Development Director Dean Johnson presented a petition from L.H. Sowles Company to amend the Comprehensive Guide Plan for redesignation of a 10 -acre parcel from AG Agriculture to IG ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19, 1991 General Industrial. The property is situated along STH 52 between County Road 42 and County Road 38 and is contiguous to property currently designated General Industrial.' Council previously considered a similar request by L.H. Sowles last year; however, at that time Council indicated their wish to reserve consideration of the petition until completion of a revised Comprehensive Guide Plan. See Clerk's File, 1991 -8. MOTION by Willcox to set a public hearing date to consider an amendment to the City of Rosemount Comprehensive -Guide Plah`hs proposed by the L.H. Sowles Company for March 19, 1991 at 8:00 p.m. Second by Oxborough. Ayes: Oxborough, Willcox, Wippermann Napper. Nays; O. Mr. Otto Ped, 4992 145th Street East, has petitioned the City to consider an amendment to the Zoning Ordinance text to allow Mineral Extraction as a permitted use in the Agriculture District. Community Development Director Johnson provided a‘' summary of the issues discussed by Council when this request was considered at a public hearing held on September 18, 1990. At that time Council indicated willingness-to consider a modified zoning text amendment restricting the boundaries of agricultural properties which could be utilized for mining and more specific phasing requirements to limit the amount of property within a mining operation which could be excavated during a permit period. Community Development staff has prepared and submitted, for Council approval, Ordinance B -11 which would amend the zoning ordinance to permit mineral extraction in the agriculture district with restrictions. Council concurred that Section 14.8 D.4.d. be revised by adding the words "at one time" to the end of the sentence. See Clerk's File 1991 -8. MOTION by Willcox to adopt Ordinance B- 11,.AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE, as amended. Second by Napper. Ayes: Willcox, Wippermann, Napper, Oxborough. Nays: 0. Community'Development Director Dean Johnson presented concept proposal for the establishment of an exclusive Rosemount newspaper, as opposed to an expanded City Newsletter. Johnson discussed the apparent advantages for this type publication noting more frequent (weekly) publication /distribution, expanded City coverage and. reduced cost to the City, as bid by Heikkila Publications, publisher of the Farmington Independent. Consideration of this proposal would require action to establish Farmington Independent as the City of Rosemount Official Newspaper. See Clerk's File 1991 -8.- MOTION by Napper to approve the concept proposal to establish an exclusive Rosemount Newspaper and direct staff to prepare a legal contract for services and to designate the Farmington Independent as the City's official newspaper, upon execution of the contract. Second by Wippermann. Ayes: Wippermann, Napper, Oxborough, Willcox. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19, 1991 Community Development Director Dean Johnson advised that all public officials of communities with property identified to be within the "Dakota County Airport Search Area" have been invited to a meeting at the Dakota County Vo -Tech on Thursday, February 21, 1991 at 7:00 p.m. The purpose of the meeting is to present information /criteria on the selection of the three airport candidate search areas and the process to select the final search area. A public meeting to receive input on the process has been set for 7:00 p.m., March 20, 1991 at the Rosemount High School. Administrator Stephan Jilk advised that representatives of each of the communities involved, after several informational meetings, will attempt to formulate a unified opinion and create a formal "joint position statement" regarding the search area selection process. Administrator Stephan Jilk requested Council set a public hearing for City Project #212 and #206, consisting of the reconstruction of the west end of 145th Street from Shannon Parkway to the intersection of Diamond Path and, including, Diamond Path reconstruction from approximately 700 feet south of 145th Street to approximately 1,000 feet north of Connemara Trail. The 145th Street portion of the project is a City project. The Diamond Path street reconstruction is a County project with the City coordinating and funding the stormwater work for Diamond Path in conjunction with the County project. See Clerk's File 1991 -8. MOTION by Napper to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING ON IMPROVEMENTS DIAMOND PATH STREET IMPROVEMENTS (145TH STREET TO CONNEMARA TRAIL) CITY PROJECT N0. 212 AND 145TH STREET FROM SHANNON PARKWAY TO DIAMOND PATH CITY PROJECT NO. 206. Second by Willcox. Ayes: Napper, Oxborough, Willcox, Wippermann. Nays: 0. Police Chief Lyle Knutson recommended to Council the hiring of Jean Driscoll for the part -time secretarial position opening in the Police Department. Her hours will be from 3:00 p.m. to 7:00 p.m., Monday through Friday. See Clerk's File 1991 -8. MOTION by Napper to approve the hiring of Jean Driscoll as part time secretary for the Police Department subject to her pre- employment physical, with a starting salary of $7.85 per hour. Second by Wippermann. Ayes: Oxborough, Willcox, Wippermann, Napper. Nays: 0. By unanimous consent a recess was called at 9:00 p.m. with the meeting reconvened at 9:15 p.m. Parks and Recreation Director David Bechtold presented a joint request from the Public Works and Parks Departments for acquisition of equipment to be utilized for both departments, noting that consideration was given to potential budget cuts. Therefore, an agreement has been reached between the two departments in identifying priority equipment to be acquired at this time to initiate the equipment rotation concept of departments working together to salvage use of vehicles from one 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19, 1991 department to another. Council requested further clarification and supporting data on the needs and usage for the tandem dump truck for purchase at this time. See Clerk's File 1991 -8. MOTION by Napper to accept the specifications and authorize the Public Works Supervisor to advertise for and receive sealed bids for vehicles as listed in the Parks and Recreation Director's memorandum for the February 19, 1991 Council Meeting, with the exception of the Tandem Dump Truck. Second by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough. Nays: 0. Administrator Stephan Jilk directed Council's attention to a preliminary draft of a Storm Water Management Utility and requested they review and familiarize themselves with the concepts proposed in this document. This preliminary draft, prepared by Barr Engineering, will be on the March 11, 1991 Utilities Commission Agenda for discussion. See Clerk's File 1991 -8. Councilmember Willcox vacated his chair at 9:50 p.m. Mayor Napper advised he has been contacted by Volunteers of America requesting the City proclaim March 3 -10 Volunteers of America Week. Mayor Napper further recommended a special evening be set aside during that week to formally recognize and thank the many citizens who have served the City of Rosemount in various capacities. See Clerk's File 1991 -8. MOTION by Napper proclaiming March 3 -10, 1991 "Volunteers of America Week" and set a Special Council Meeting for March 7, 1991, at 7:00 p.m. for the purpose of honoring the City's many volunteers. Second by Oxborough. Ayes: Wippermann, Napper, Oxborough. Nays: 0. Administrator Jilk advised that, upon Council direction, staff has developed alternatives to the present water rate, taking into consideration concerns about the minimum billing and how a rate change may affect resident attitudes regarding water conservation. This item will be on the March 11, 1991 Utilities Commission Agenda for further discussion. Citizens who have voiced concerns about the rates will be advised of this meeting. See Clerk's File 1991 -8. Per Council direction set on February 12, 1991, Administrator Jilk presented a proposed job description for an Assistant City Administrator, salary range, advertisement and hiring process time frame for the hiring of an Assistant City Administrator by April 2, 1991. See Clerk's File 1991 -8. MOTION by Napper to approve staff recommendations regarding an Assistant City Administrator and directed staff to begin the hiring process. Second by Wippermann. Ayes: Napper, Oxborough, Wippermann. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 19, 1991 City Administrator Jilk presented a proposed job description, salary range, advertisement and timetable for the hiring of a Director of Planning and requested Council authorization for re- advertising for a Director of Planning in lieu of a City Planner. See Clerk's File 1991 -8. MOTION by Napper to concur with staff recommendation to readvertise for the position of Director of Planning and to approve the job description and salary range; and, further, directed staff to commence the hiring process. Second by Oxborough. Ayes: Oxborough, Wippermann, Napper. Nays: 0. City Administrator Jilk discussed the performance of Jeff May as Acting Finance Director the past months. Due to the opening of the position of Finance Director, staff recommends the appointment of Mr. May to fill the Finance Director position with a six -month probationary period to commence on March 1, 1991. See Clerk's File 1991 -8. MOTION by Oxborough recommending approval of the appointment of Jeff May to fill the position of Finance Director with a six month probation beginning March 1, 1991 and with a starting salary of $40,742.00. Second by Napper. Ayes: Wippermann, Napper, Oxborough. Nays: 0. City Administrator Jilk requested a Special Council Meeting at 6:30 p.m., February 26, 1991, specifically to discuss the Street Assessment Policy. By unanimous consent this meeting was recessed at 10:05 p.m. with the meeting continuing at 10:45 p.m. MOTION by Napper to adopt A RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION HELD ON FEBRUARY 19, 1991 AS THEY APPEAR ON THE OFFICIAL SUMMARY STATEMENT SUBMITTED BY THE ELECTION JUDGES TO THE CITY CLERK. Second by Wippermann. Ayes: Napper, Oxborough, Wippermann. Nays: 0. See Clerk's File 1991 -8. MOTION by Napper to adjourn. Second by Wippermann. Ayes: 3. Nays: 0. ATTEST: Stephan ilk, Cit /Administrator ResgectfullyEy bmitted, Published this i day of 77 1991 in Dakota County Tribune. Donna Quintu Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 26, 1991 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 26, 1991, at 8:00 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Klassen, Oxborough, Willcox and Wippermann present. Also present were City Staff Members Jilk, Bechtold, D. Johnson, May, and Wasmund. Consulting Engineer Bud Osmundson from OSM also was in attendance. Mayor Napper announced the purpose of the meeting was to discuss the proposed assessment policy for improvements in the City. Administrator Stephan Jilk requested the addition of the following item to the agenda: Closing of City Hall for Don Darling's Funeral. Following discussion on the proposed assessment policy for improvements, Council reached a consensus that a draft of the policy be revised from assessing improvements based upon straight front footage to a single family residential unit basis. Council further concurred other developments and land uses should be assessed on a front footage basis. For clarification purposes, other minor changes were suggested and agreed upon by Council. Staff was directed to make revisions and prepare a new draft for Council consideration at the March 5, 1991 regular council meeting. See Clerk's File 1991 -9. Council discussed closing City Hall from 10:00 a.m. to 2:00 p.m. on February 27, 1991 in consideration of Don Darling's funeral. MOTION by Willcox to authorize the closing of Rosemount City Hall on February 27, 1991, between the hours of 10:00 a.m. and 2:00 p.m. in consideration of Don Darling's funeral. SECOND by Napper. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Willcox to direct that all flags at Rosemount City Hall be flown at half mast on February 27, 1991 in observance of the passing away of Don Darling. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. The meeting was adjourned at 11:30 p.m. Respect ully submi 1 Step fn Jilk, 4T inistrator 1 ATTEST: ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 26, 1991 Vernon J. Fapper, Mayor Published this /7 of Z7V1l�, 1991, in Dakota County Tribune. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 5, 1991 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 5, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following: Item 5(e) Airport Discussion, Item 5(f) Blandin Foundation and Item 5(g) Minnesota Valley Transit Authority Discussion. MOTION by Napper to approve the Consent Agenda as presented. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -10. Economic Development Specialist Tracie Pechonick presented for Council consideration a final agreement between the City of Rosemount and Heikkila Publications, Inc. for establishing a weekly Rosemount newspaper. Todd Heikkila, President of Heikkila Publications informed Council he is still investigating costs for mail delivery versus private delivery of the newspaper and confirmed the estimated start date of the newspaper as April 19, 1991. Heikkila suggested holding a contest to name the new newspaper with the contest winner and name being announced in the first edition. See Clerk's File 1991 -10. MOTION by Klassen to approve the agreement with Heikkila Publications, Inc. for the establishment of a Rosemount Newspaper. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Napper to declare "Farmington Independent" the City of Rosemount official newspaper, effective with the publication of the first edition of the Rosemount newspaper. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 5, 1991 City Administrator Stephan Jilk presented for Council consideration and approval the members of the Weed Ordinance Review Committee and the process for review and amendment of the current City Code section on weed control. Councilmember Klassen agreed to chair the committee. In addition to the administrator's recommendations that Mark Joosten, Bob Olson, Maurice Meyer, John Hauge and Gerry Fluegel serve on the committee, Councilmember Klassen further recommended the appointments of Tom Reller, Maureen Bouchard, Otto Ped and Ed Dunn to the committee. See Clerk's File 1991 -10. MOTION by Oxborough to approve the makeup of the Weed Ordinance Committee as recommended and to approve the process to follow in review and amendment of the City Code. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Mayor Napper opened the public hearing scheduled at this time to consider Diamond Path Street Improvements (Approx 700' south of 145th St. to 1000' north of Connemara Trail), City Project 212 and 145th Street West Improvements from Shannon Parkway to Diamond Path Improvements, City Project 206. The city clerk presented for the record the Affidavit of Posted and Mailed Hearing Notice and Affidavit of Publication. See Clerk's File 1991 -10. City Administrator Stephan Jilk advised the scope of the projects is to reconstruct and realign Diamond Path from just south of 145th Street West to just north of Connemara Trail and to reconstruct 145th Street from Diamond Path to Shannon Parkway. The existing two lane pavement with ditches on Diamond Path will be replaced with a five lane bituminous pavement with curb and gutter. Jilk further explained the existing curve by the Baptist Church will be removed and Diamond Path will be straightened to form a "T- shaped" intersection with 145th Street West. Because of removal of the curve, Jilk explained a portion of 145th Street will have to be reconstructed; and it was decided to reconstruct 145th Street all the way to Shannon Parkway. The City's Consulting Engineer Bud Osmondson provided a brief history of the project area and reviewed the existing conditions of Diamond Path and 145th Street West. Engineer Osmondson also provided information on current and projected traffic volumes. Engineer Osmundson also reviewed the proposed improvements of the projects and the estimated costs. The estimated start date for construction is June 3, 1991. Administrator Jilk commented on the proposed assessment policies for street reconstruction and storm water reconstruction the City Council is currently considering. Jilk briefly explained how the proposed street reconstruction policy would deviate from how the City has assessed in the past for similar improvements projects. Jilk also addressed costs associated with oversizing of 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 5, 1991 watermain, sanitary sewer main and storm water drainage and identified the city funds established to pay for these costs. County Highway Department Director David Everds and County Engineer David Zeck fielded several questions from the audience regarding the proposed five lane construction of Diamond Path. County staff reviewed the County's policy for constructing four lanes when projected traffic counts are over 8,000 vehicles per day and commented on the County's long term plan to improve Diamond Path from Pilot Knob to County Road 46 over the next fifteen to twenty years. Kelly O'Neil, 13498 Diamond Path, presented several comments and questions concerning water quality and water quantity with regards to the effect of City Project 212 on Birger Pond. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Willcox to adopt A RESOLUTION FOR APPROVAL OF DIAMOND PATH STREET IMPROVEMENTS (145TH STREET TO CONNEMARA TRAIL) CITY PROJECT #212 AND 145TH STREET FROM SHANNON PARKWAY TO DIAMOND PATH, CITY PROJECT //206. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Willcox to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR DIAMOND PATH STREET IMPROVEMENTS (145TH STREET TO CONNEMARA TRAIL) CITY PROJECT #212, AND 145TH STREET FROM SHANNON PARKWAY TO DIAMOND PATH, CITY PROJECT $206. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Administrator Stephan Jilk reviewed the bids and alternate bids received by Council on January 15, 1991 for Valley Oak Pond Outlet Improvements, Project 197. Jilk commented on the Council's decision to defer awarding the contract until it was determine whether Ducks Unlimited would sponsor the wet pond construction of the three ponds of Project 197. See Clerk's File 1991 -10. Consulting Engineer David Simons of SEH conferred the interest of Ducks Unlimited and Koch Refinery to sponsor this project. The additional estimated cost for constructing the three ponds as wet ponds is $32,700. Simons reviewed a list of contingencies to be incorporated in a resolution if Council chose to award the contract for construction of the three wet ponds. Simons advised that if final commitments were received from Ducks Unlimited and Koch Refining Company the estimated assessment would be the same for residents living on or away from the pond. Bill Allen, area manager of Ducks Unlimited presented several slides showing examples of wetland projects Ducks Unlimited has developed. Mr. Allen described the proposed environment that 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 5, 1991 would be created as part of the project. Mr. Allen emphasized that if the project is done properly, the wild grass should last forever and should provide pleasing and functional purposes for both residents and the wildlife. MOTION by Willcox to adopt A RESOLUTION AWARDING CONTRACT FOR VALLEY OAK POND OUTLET IMPROVEMENTS, CITY PROJECT 197, ALTERNATE B. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Council briefly reviewed the third draft of the proposed assessment /improvement policy dated March 5, 1991 and concurred to continue discussion at the March 19, 1991 regular Council meeting. See Clerk's File 1991 -10. Councilmember Wippermann introduced discussion on the City Council taking a position regarding the search areas selected for a potential new major airport. Wippermann proposed adopting at the March 19, 1991 Council meeting a resolution setting out the City's position. Mayor Napper advised he will be attending a meeting scheduled by Chair Mary Anderson of the Metropolitan Council on March 6, 1991. Napper advised this meeting will be attended by other Dakota County city and county officials, and he will report the discussions of this meeting at the next Council meeting. Councilmember Klassen reported on her attendance at the Blandin Foundation retreat February 17 -22, 1991. She advised the Rosemount delegates were asked to establish community goals. The delegates' goal related to communication through the newspaper, radio, television, churches, etc. and a place to funnel information such as a community information center. The Blandin delegates will meet further to discussion this. Councilmember Klassen also addressed the possible effect the recent investigation has had on the community at large and on the staff. Discussion was held by Council to publish in the local newspaper a letter explaining to the public the purpose and results of the investigation. It was also suggested to bring in a counselor or conduct a team building seminar for staff members in light of the recent passing away of Don Darling and the possible anxieties the investigation may have caused. Administrator Jilk advised he will review this matter and report to Council his recommendations. Councilmember Klassen provided an update on the Minnesota Valley Transit Authority and the budget cuts the Authority will be experiencing. MOTION by Wippermann to approve an expenditure of $200.00 from account 101- 41110 -01 -598 for the Rosemount High School graduation party. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. See Clerk's File 1991 -10. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 5, 1991 City Clerk Susan Johnson requested Council consideration to lower the liquor liability insurance requirements for temporary nonintoxicating malt liquor licenses. Johnson advised lowering the limits as required by Minnesota Statutes would lessen the money a nonprofit organization would have to expend for dram shop insurance. Johnson recommended lowering the limits from $100,000/$300,000 to $50,000/$100,000. See Clerk's File 1991- 10. MOTION by Napper to ADOPT ORDINANCE NO. XVI.21, AN ORDINANCE AMENDING TITLE 3 PERTAINING TO LIQUOR REGULATIONS. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Willcox to set a public hearing at 8:00 p.m., or as soon thereafter as possible, on March 19, 1991 to consider the Solberg Aggregate Comprehensive Guide Plan Amendment. SECOND by Napper. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -10. City Administrator Jilk presented for Council consideration and approval the 1991 -92 police union contract, 1991 -92 public works contract and 1991 non -union employees' salary adjustments. See Clerk's File 1991 -10. MOTION by Klassen approving the 1991 -1992 Contract between the City of Rosemount and L.E.L.S. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Napper to approve the 1991 -1992 Contract between the City of Rosemount and Teamsters 320. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Oxborough to adopt A RESOLUTION OUTLINING NON -UNION FULL -TIME STAFF SALARY AND BENEFITS FOR 1991. SECOND by Napper. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Administrator Jilk reviewed with Council a Mutual Aid Agreement between the City of Rosemount and the City of Farmington which would allow both cities to provide backup services, at no charge, to each other in the area of inspection services when those personnel are available to do so. The City of Farmington has approved the agreement. See Clerk's File 1991 -10. MOTION by Wippermann to approve the Mutual Aid Agreement for Building Inspection Services between the City of Rosemount and the City of Farmington. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. City Administrator Jilk discussed with Council an agreement between the City of Rosemount and the University of Minnesota to allow the City to take over the operation, and not ownership, of the new rural water system. Jilk noted this would be a 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 5, 1991 contracted situation to allow the use of the system until the legal transfer take place. Council will consider this item for approval at the March 19, 1991 regular Council meeting. NOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTEST: Respectfully submitted, Susan M. Johnson, City Clerk Stephan 'lk, Cit Administrator Published this c2 day of 41C:dv 1991 in Dakota County Tribune. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 1991 6 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 19, 1991, at 7:30 p.m. in the Council Chambers at City Hall Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following: 8(g) Resolution Affirming Name Change of City Clerk; 10(e) Recomp, Inc.; Item 10(f) U of M Hazardous Materials; Item 10(g) USPCI Draft EIS; Item 10(h) Staff Selection Process. Fire Chief Scott Aker presented the Fire Department's Annual Report to the City Council. The City Council commended Chief Aker and the fire department membership for another good year. See Clerk's File 1991 -11. Finance Director Jeff May provided a brief summary of the meeting of the League of Minnesota Cities Revenue Sources Committee of which Finance Director May is a member. Finance Director May reviewed the alternatives this group has been working on in response to the Governor's proposed local aid cuts to cities. See Clerk's File 1991 -11. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 1991 The following corrections were made to the draft minutes of the March 5, 1991 regular Council meeting: Councilmember Klassen recommended the appointment of Maureen Bouchard rather than Michael Bouchard to the Weed Ordinance Review Committee; the address for Kelly O'Neil was corrected to include 13498 Diamond Path; and 2nd sentence of Paragraph 3 on Page 3 was amended to: The additional estimated cost for constructing the three ponds as wet ponds is $32,700. See Clerk's File 1991 -11. MOTION by Napper to approve the Consent Agenda as corrected. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -11. Mayor Napper opened the public hearing scheduled at this time to consider an amendment to the Comprehensive Guide Plan. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991 -11. Community Development Director Dean Johnson advised the Guide Plan Amendment involved a request by the L. H. Sowles Company of Minneapolis, to redesignate from Agriculture to General Industrial designation, a part of a 55 acre parcel of property in eastern Rosemount. Johnson identified the location of the property which abuts State Trunk Highway 52, between County Road 38 and County Highway 42. Johnson further advised L. H. Sowles Company's immediate plans is to utilize ten acres for storage of tower cranes and equipment, and the long term plans include relocation of the entire L. H. Sowles office and operation and a potential for its own tower crane manufacturing facility and the development of an industrial park. Community Development Director Johnson noted this item was previously considered by City Council in April, 1990; and at that time Council elected to defer action until completion of the Comprehensive Guide Plan revision. The applicant has elected to approach the City again because of his concern regarding the period of time proposed for revising the Guide Plan. Johnson commented on one of the consensus reached at a City Council goals session for supporting the expansion of industrial development in the Pine Bend area and to analyze the need and feasibility for public utilities in conjunction with new development. Property owner, Ed Dunn, and applicant, Dan Sowles, informed Council the proposed uses of the property would have no negative impacts to the environment and development of the 55 acres would coincide with the City's ability to provide utilities. No member MOTION by Oxborough Willcox. in the audience objected to the proposed amendment. Napper to close the public hearing. SECOND by Ayes: Wippermann, Napper, Oxborough, Klassen, Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 1991 MOTION by Klassen to authorize preparation of the L. H. Sowles Guide Plan Amendment for formal City consideration and Metropolitan Council review. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Mayor Napper opened the public hearing scheduled at this time to consider an amendment to the Comprehensive Guide Plan. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991 -11. Community Development Director Dean Johnson advised the applicant, Solberg Aggregate Company, wishes to relocate its current offices and contracting business to a 10 acre parcel owned by Solberg Aggregate. The property is situated immediately east of State Trunk Highway 52 and on the north side of CSAH 42. Director Johnson informed Council that property owner Marlin Rechtzigel, 3540 140th Street East, has requested the amendment include his property which is located directly north of the Solberg parcel. Johnson noted this would provide contiguous land designation from the Solberg property to County Road 38. Johnson informed Council the Guide Plan issues and previous action by the Planning Commission and City Council surrounding the Solberg Guide Plan amendment are nearly identical to those of the L. H. Sowles amendment. Robert Solberg was present at the meeting and requested Council's consideration for approval of his application. Members of the audience presented no objections to the amendment. MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Napper to authorize preparation of the Solberg Aggregate Guide Plan Amendment for formal City consideration and Metropolitan Council Review. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. At the request of the Council, Administrator Stephan Jilk presented a draft resolution regarding a position for the City to take on the planning process in selecting the new location for the Minneapolis /St. Paul International Airport. Administrator Jilk noted the resolution listed serious concerns about several issues relating to the process. Mayor Napper reported on a meeting he attended with other city officials from Dakota County at the Metropolitan Council on March 6, 1991. Mayor Napper expressed his disappointment with the lack of specific issues discussed at this meeting. Discussion was held by Council and the Administrator as to whether this was the appropriate time in the process for the Council to take the position against the airport. Council concurred to include verbiage that Rosemount citizens, through several information gathering processes developed over the last three years, have indicated they do not 3 1 want an airport located in or near the City of Rosemount. The City Council unanimously consented to formally presenting the resolution at the public information meeting on the airport search area, scheduled for March 20, 1991, at the Rosemount High School. See Clerk's File 1991 -11. MOTION by Napper to adopt as revised, A RESOLUTION OF POSITION REGARDING THE AIRPORT PLANNING AND SEARCH AREA SELECTION PROCESS. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Public Works Director Ron Wasmund recommended that Council reject the bid received on March 5, 1991 for the pickup trucks and van. Wasmund informed Council the only bid received did not provide for competitive bids and requested authorization to readvertise. See Clerk's File 1991 -11. MOTION by Willcox to reject the bids received and to authorize staff to readvertise for vehicle bids. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. At the recommendation Consideration of Bids the April 2, 1991 regular 11. of Public Works for Maintenance Council meeting. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 1991 Director Wasmund, Item 5(c) Equipment was deferred to See Clerk's File 1991- Public Works Director Ron Wasmund discussed the needs and rationale for replacing the ten year old tandem dump truck and requested Council's authorization to advertise and to obtain bids for its replacement. See Clerk's File 1991 -11. MOTION by Napper to authorize staff to advertise and to obtain bids for tandem dump truck. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Administrator Stephan Jilk presented the third draft of the proposed assessment /improvement policy for Council consideration and reviewed the changes suggested at the March 5, 1991 Council meeting. Council concurred with the Administrator's suggestion for staff to prepare several examples of how the proposed policy would affect different types of projects in different areas of the City. See Clerk's File 1991 -11. Council reviewed the proposed agreement between the University of Minnesota and the City of Rosemount to allow the City to operate, as a contractor to the University of Minnesota, for operation of the rural water system. See Clerk's File 1991 -11. MOTION by Napper to approve the agreement between the City of Rosemount and the University of Minnesota to allow the City to contract with the University to operate the rural water system for the University and to authorize the Mayor and Administrator to sign on behalf of the City. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 1991 Fire Chief Scott Aker presented the results of the elections of the Fire Department for the positions of Assistant Fire Chief and Secretary. The persons who were elected were John Strese, Assistant Fire Chief for one year term, and Dan Corrigan, Secretary for one year term. See Clerk's File 1991 -11. MOTION by Oxborough to approve John Strese as Rosemount's Assistant Fire Chief and Dan Corrigan as Secretary for the Rosemount Fire Department. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Oxborough. Nays: 0. Council reviewed a recommendation from Finance Director Jeff May to carry forward into 1991 certain 1990 budget items which were not expended. See Clerk's File 1991 -11. MOTION by Klassen to adopt A RESOLUTION APPROVING THE ENCUMBRANCE OF CERTAIN 1990 BUDGET ITEMS FORWARD TO 1991. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Community Development Director Dean Johnson presented for Council consideration a proposal from SEH to complete the sanitary sewer plan, as part of the update of the Comprehensive Guide Plan. Johnson noted these services would affect the traditional urban service area of the City only, and a subsequent contract for services in eastern Rosemount will need to be pursued if decided by the City Council. See Clerk's File 1991 -11. MOTION by Napper to accept the proposal from SEH, Inc. to complete a comprehensive sewer plan element in the Comprehensive Guide Plan, in an amount not to exceed $2,500.00. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Public Works Director Ron Wasmund informed Council of the City's eligibility to designate an additional 2.9 miles of roads as Municipal State -Aid Streets. Council was informed this designation would not require the City to construct the designated roads at any given period of time. See Clerk's File 1991 -11. MOTION by Napper to adopt A RESOLUTION ESTABLISHING MUNICIPAL STATE -AID STREETS, DODD BOULEVARD BETWEEN SHANNON PARKWAY AND 145TH STREET WEST, NO. 112; DODD BOULEVARD BETWEEN CONNEMARA TRAIL AND 120TH STREET WEST, NO. 113; 120TH STREET WEST BETWEEN DODD BOULEVARD AND STATE HIGHWAY 3, NO. 114. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Administrator Stephan Jilk presented for Council consideration an agreement for ongoing consultant services to be provided by Dean Johnson. These services would include day to day services during an interim period, when no one in house planning staff is available; and for special individual projects. See Clerk's File 1991 -11. 5 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 1991 MOTION by Napper to approve the proposal for services to be provided by Dean Johnson, dba Resource Strategies Corporation, and to direct staff to draft a formal contract for approval. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Public Works Director Ron Wasmund introduced for Council review and consideration the waiver of storm sewer connection charge fee increases for five single family homes and Cimarron Village Townhouse Developments. Wasmund informed Council the single family home purchase agreements had been executed prior to the 1991 fee increase, and the application for a building permit for Cimarron Village was received prior to the fee increase. The Utility Commission approved the 1991 fee increase waivers at their March 11, 1991 regular meeting. See Clerk's File 1991 -11. MOTION by Willcox to allow the storm sewer connection charge fee increase waivers as identified in the Public Works Director's memorandum dated March 15, 1991 and to send letters to the five builders informing them they have 30 days to apply for the refund. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION AFFIRMING THE NAME CHANGE OF THE CITY CLERK. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. See Clerk's File 1991 -11. City Administrator Stephan Jilk presented information on the review process the Utility Commission is currently undergoing of the recently adopted water and sewer rates. See Clerk's File 1991 -11. City Administrator Stephan Jilk updated Council on the discussion and consideration of a proposed stormwater utility which the Utilities Commission will consider finalizing at a special meeting on March 25, 1991. The administrator highlighted sections of the proposed policy. See Clerk's File 1991 -11. The Council received from the City Administrator the first draft of proposed special legislation which would authorize the City to establish a special environmental treatment area and to establish tax increment districts on the University of Minnesota property and other property in eastern Rosemount. Administrator Jilk advised the special legislation would allow the Rosemount Economic Development Authority and the City of Rosemount to create large districts for environmental cleanup and allow new development for environmental purposes. Following discussion of this item, Council generally concurred with the proposed bill and authorized staff to proceed on this item. See Clerk's File 1991- 11 Administrator Jilk reviewed the draft permit for the Dakota County Resource Recovery Project approved on October 11, 1990 by the Metropolitan Council. Jilk commented on certain sections of ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 1991 the permit with regards to written comments on the permit, a public information meeting on March 27, 1991, at 7:30 p.m. at Inver Hills Community College, the format for a contested case hearing and that issuance of the final permit will be consider by the Minnesota Pollution Control Agency on May 28, 1991. See Clerk's File 1991 -11. Administrator Jilk introduced for Council information, a proposal from Recomp, Inc. to construct a large composting facility on University of Minnesota property in Rosemount. The Administrator reviewed the issues concerning this proposal which included cooperation by the University of Minnesota to involve the City in all future projects on the University property, that Recomp, Inc. apply for the necessary City permits and that discussion be held with Recomp, Inc. on city costs incurred and host community fees. See Clerk's File 1991 -11. Council discussed the public meeting to be held on April 9, 1991, at 7:00 p.m., at the Rosemount Senior High School for the purpose of receiving public comments regarding the Draft Environmental Impact Statement (DEIS) for the USPCI project. Considerable discussion was held by Council regarding the proposed location of the containment facility and USPCI's failure to pursue locating this project on University of Minnesota property. Mayor Napper made reference to a resolution adopted by the City Council on September 18, 1990 which stated the City's desire to locate any waste management projects that affect the City of Rosemount on University of Minnesota property in Rosemount, and which specifically addressed the USPCI waste management project. Mayor Napper recommended the City Administrator draft a letter to USPCI reaffirming Council's position on location of the project and very strongly encourage USPCI to pursue locating the project on the U of M property. Mayor Napper further recommended informing USPCI the City Council may not be in a position to approve their land use proposal if USPCI continues to site their project on Highway 55. After further discussion by Council, a general consensus was reached by Council to authorize the administrator to draft a letter setting out the Mayor's recommendations. See Clerk's File 1991 -11. Administrator Jilk updated Council on a notification the Dakota County Health Department received from APTUS that the Council would not be able to store its hazardous materials collected on hazardous material collection days throughout the County. Jilk advised the Dakota County Health Department recommended the Board of County Commissioners approve storage on University of Minnesota property. When the Board of Commissioners learned the City of Rosemount had not been approached for input on the storage proposal, the Board adopted a resolution that the City of Rosemount and Empire Township be allowed to comment on this issue. Administrator Jilk advised city and county staff will be discussing this issue further, and he will return to Council with further information and action. 7 Administrator Jilk provided an update on the staff selection process for an accountant, assistant city administrator and director of planning. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Pa ges 'r p -n Jilk, 9y Administrator Published this 'All day of Ay,.,A X n 8 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 19, 1991 Respectfully submi ed, Susan M. Walsh, City Clerk n in oSemov n ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 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 2, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following: Item 3(c) Community Flower Garden Award; Item 4(h) Contract Approval for Resource Strategies; and Item 4(i) Approve Purchase of Softballs. See Clerk's File 1991 -12. Parks Recreation Director David Bechtold presented to the City Council an award the City received from Governor Arne Carlson on February 19, 1991. The award entitled, "Minnesota Green Community Gardening Award was presented to the City in recognition of the Rosemount Community Flower Garden. The Consent Agenda was reviewed by the City Council. The last sentence in the first paragraph on page 5 of the March 19, 1991 minutes was corrected by replacing the word "impede" with the word "require ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 MOTION by Wippermann to approve the Consent Agenda with the addition of Item 4(h) and Item 4(i) and with the correction to the March 19, 1991 minutes. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -12. Public Works Director Ron Wasmund reviewed with Council the bid tabulations for the purchase of maintenance equipment. Wasmund recommended authorization to purchase a utility tractor and implements from Carlson Tractor in the amount of $31,433.00 and to purchase an 18' Howard Mower from McQueen Equipment in the amount of $39,650.00. Since the bids received for a snow plow did not include the required bid bond, the public works director requested Council to consider rejecting the snow plow bids and authorize staff to obtain quotes on this item. Discussion was held concerning the feasibility of purchasing the equipment at this time in lieu of the loss of state aid the City will experience this year. City Administrator Jilk advised amendments to the 1991 budget have been addressed by staff and recommendations will be provided to Council for consideration in the very near future. See Clerk's File 1991 -12. MOTION by Napper to accept the bids for utility tractor and award the bid to Carlson Tractor Equipment, to accept the bids for the 18' mower and to award the bid to McQueen Equipment and to reject the bids for the snowplow and authorize staff to obtain quotes for the snowplow. SECOND by Oxborough. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Stephan Jilk presented for Council consideration a draft letter to USPCI, Inc. confirming the City Council's position on the University of Minnesota land as the location for all waste management projects within the City. The letter reconfirmed the City Council's desire for USPCI, Inc. to move their project to the University of Minnesota property and the low possibility of Council approval for the Highway 55 location. See Clerk's File 1991 -12. MOTION by Willcox to approve the letter to USPCI, Inc. indicating the City's position on the location of their facility. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Council considered a resolution to release funds available in certain debt service accounts and transfer those funds to a bonds paid up account. Administrator Jilk advised once the funds are available in the bonds paid up account, Council will be requested to take action to transfer the funds to the General Fund. See Clerk's File 1991 -12. MOTION by Oxborough to adopt A RESOLUTION ORDERING THE DEFEASANCE OF CERTAIN OUTSTANDING DEBT OBLIGATIONS. SECOND by Wippermann. Ayes: Oxborough, Klassen, Wippermann, Napper. Nays: Willcox. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 City Administrator Stephan Jilk commented on the discussions with representatives from the Cities of Farmington, Lakeville and Vermillion concerning the airport search process and referred to resolutions adopted by these cities regarding this issue. Administrator Jilk informed Council of a meeting scheduled for April 3, 1991, at Vermillion City Hall to discuss a potential effort by townships and the Cities of Farmington, Lakeville and Vermillion to lobby the Legislature to stop the process of a search area designation until a feasibility study is completed on the relocation of the airport. See Clerk's File 1991 -12. MOTION by Klassen to support the coalition to lobby the Minnesota State Legislature to stop the airport search process until a feasibility study is completed on the moving of the Minneapolis /St. Paul International Airport. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. On behalf of the Blandin Community Leadership Program delegates, Joe Walsh thanked the City Council for their support of the program and for funding the transportation of the delegates to the program. Mr. Walsh requested Council consideration to support a project chosen by the Rosemount Blandin delegation entitled, Community Media Resource /Reference Center. Mr. Walsh explained the purpose of the project and advised the overall goal of the project to develop a community resource reference center. A task force would be formed to determine and take the necessary steps to realize the project. See Clerk's File 1991 -12. MOTION by Klassen supporting the proposed Rosemount Community Media Resource /Reference Center Project as presented by the Rosemount Blandin delegation and further designating Tracie Pechonick to represent the government sector on the proposed task force. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. City Clerk Susan Walsh presented for Council adoption a proposed city policy entitled, "Hepatitis B Vaccine Policy which would allow the City to offer to its volunteer firefighters, sworn police officers and police reserve officers a series of vaccinations against Hepatitis B infection. City Clerk Walsh advised Federal OSHA has mandated employers evaluate and assess which employees are at risk of Hepatitis B infection and provide the Hepatitis B vaccine at no cost to the employee. The city clerk advised vaccine clinics have been arrange with Rosemount Family Physicians, 15120 Chippendale Avenue. The estimated cost of the series of three vaccinations provided over a 180 day period would not exceed $9,000 if all the City's "at risk" employees consented to the vaccinations. See Clerk's File 1991- 12. MOTION by Napper to adopt the Hepatitis B Vaccine Policy and to approve the cost as proposed by the City Clerk for the Hepatitis B Vaccinations for police officers, police reserve office and volunteer firefighters. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 Public Works Director Ron Wasmund presented a petition received from U. S. Homes Corporation to do the public improvements of streets, utilities, street lights and walkways for Country Hills 4th Addition. Wasmund recommended ordering the feasibility report and plans and specifications noting the project is 100% assessable to U. S. Homes Corporation. See Clerk's File 1991- 12. MOTION by Oxborough to adopt A RESOLUTION RECEIVING PETITION AND ORDERING THE FEASIBILITY REPORT FOR COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 8222. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATION FOR COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 1222. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. City Administrator Stephan Jilk requested that Council approve the date of May 4, 1991 as the City's annual Rosemount Community Clean -up Day. Jilk advised that because of increasing costs to operate the clean -up event, staff will be able to minimize costs by not accepting yard waste, charging a small fee for the disposal of tires and mattresses /box springs and reserving the right to limit loads brought to the collection site. See Clerk's File 1991 -12. MOTION by Wippermann to approve the date of Saturday, May 4, 1991, as the date for the 1991 Rosemount Community Clean -Up and to authorize staff to prepare the appropriate notification for the event. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Council discussed the appointment of a city representative to serve on the Dakota County Ground Water Planning Task Force. It was recommended that Dan O'Neill, 12549 Danbury Way, who represents the city on the Vermillion River Watershed WMO, be asked to serve on this task force. Council unanimously concurred to Dan O'Neill's appointment to the task force if he accepted. See Clerk's File 1991 -12. Parks Recreation Director David Bechtold requested Council authorization to purchase a six foot wide slit seeder from Carlson Tractor. Bechtold recommended accepting the net quote of $3,960.00. Carlson Tractor quoted a trade in value for the City's 1989 four foot slit seeder in the amount of $3,445.00. See Clerk's File 1991 -12. MOTION by Napper to accept the quote form Carlson Tractor Company of Rosemount and to authorize the purchase of a Landpride 72 seeder for a price of $7,405.00 and at the net price not to exceed $3,960.00. SECOND by Oxborough. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 Parks Recreation Director David Bechtold requested authorization to purchase a field drag from MetroTurf, Inc. of Farmington in the amount of $3,170.00. See Clerk's File 1991- 12. MOTION by Napper to accept the quote form MetroTurf, Inc. of Farmington, MN and to authorize the purchase of a Model 784HD- 3,2-96 field and maintenance drag for the amount of $3,170.00. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. City Administrator Stephan Jilk presented to Council his recommendation to appoint the law firm of Hertog, Fluegel, Sieben, Polk, Jones Laverdiere, 999 Westview Drive, Hastings, Minnesota as the City's legal counsel effective May 1, 1991. Administrator Jilk reviewed the process involved in making the final selection of this law firm as the City's legal counsel. The administrator further reviewed with Council the proposal submitted by Attorney Eric Short which outlined the law firm's proposal to represent the City during the period of May 1, 1991 through December 31, 1991. A concern was expressed from the City Council that the City would not have the ability to select other law firms for special projects based upon the proposal received from the law firm of Hertog, Fluegel, Sieben, Polk, Jones Laverdiere. Another concern expressed from the Council was the existing and potential conflicts of interest this law firm would present if selected as the City's legal counsel. See Clerk's File 1991 -12. MOTION by Willcox to adopt A RESOLUTION APPOINTING THE FIRM OF HERTOG, FLUEGEL, SIEBEN, POLK, JONES LAVERDIERE AS THE CITY'S GENERAL LEGAL COUNSEL and to direct the completion of a contract with that firm. SECOND by Napper. Council concurred the preceding motion should be amended to clarify the legal services would include both general and prosecuting services. MOTION by Willcox to adopt A RESOLUTION APPOINTING THE FIRM OF HERTOG, FLUEGEL, SIEBEN, POLK, JONES LAVERDIERE AS THE CITY'S LEGAL COUNCIL FOR GENERAL AND PROSECUTING SERVICES and to direct the completion of a contract with that firm. SECOND by Napper. Poll of amended motion: Ayes: Nays: Klassen, Wippermann. Poll of original motion: Ayes: Nays: Klassen, Wippermann. Napper, Oxborough, Willcox. 5 Oxborough, Willcox, Napper. MOTION by Napper to authorize attendance of Council members and staff at the League of Minnesota Cities Conference, June 11 -14, 1991 with expenses to be funded from account 101- 41110 -01 -437. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. See Clerk's File 1991 -12. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 City Administrator Stephan Jilk reviewed the conference program for the League of Minnesota Cities Legislative Conference to be held on April 10, 1991. See Clerk's File 1991 -12. City Administrator Jilk presented for Council approval a proposed press release regarding the special investigation completed by Attorney Jack Clinton. Jilk recommended publishing the press release in the "Countryside "ThisWeek" and "Farmington Independent Council concurred to the content of the release as revised and requested city staff to take the necessary steps to insure the press release will be printed in its entirety. See Clerk's File 1991 -12. MOTION by Napper to approve the press release as amended and to direct its release to the news media. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. City Administrator Jilk presented for discussion the potential ability of the City to control land use on the University of Minnesota property and the potential authority the City will have in approving projects on the University property. Administrator Jilk referred to correspondence received from the Metropolitan Council and the Dakota County Attorney's office which indicates these entities' recognition of this potential control if exercised by the City of Rosemount. Jilk advised the RECOMP project, the County's hazardous material storage proposal and even the Resource Recovery Project may all be determined by the City if the City has and is willing to exercise its land use authority. Jilk advised further clarification needs to be made on this issue, and he will keep the Council well advised. See Clerk's File 1991 -12. Council reviewed the third draft of the proposed stormwater utility for the City which was reviewed by the Utilities Commission at a special meeting on March 25, 1991. Administrator Jilk advised the Utilities Commission has requested staff to prepare examples illustrating how projects and operation and maintenance would effect the rates. See Clerk's File 1991 -12. Administrator Jilk requested Council consideration to set a special council meeting on April 30, 1991, immediately following the Board of Review special council meeting to allow city department heads to update the City Council on each of the department's programs and projects. See Clerk's File 1991 -12. MOTION by Napper to approve a special council meeting work session with department heads on April 30, 1991 following the Annual Board of Review. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. 6 13. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. ATTES ldZt! -Steph Jilk, Published this y Administrator 1 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 Respectfully submitted, day of 1991 in Susan M. alsh, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1991 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 16, 1991, at 7:30 p.m. in the Council Chambers at City Hall. I Mayor Napper called the meeting to order with Council Members Willcox, Wippermann and Klassen present. Council Member Oxborough was absent. The agenda was amended to include Item 5(j) Country Hills 4th Addition and Item 5(k) Weed Ordinance Review Committee Replacement. See Clerk's File 1991 -13. Mayor Napper announced the name of Rosemount's new newspaper will be "Rosemount Town Pages." This name was selected by a committee comprising of Rosemount Area Jaycees President Scott Sauter, Rosemount Chamber of Commerce President Jim Thommes and Mayor Napper. Kathy Pucci, who submitted the name, won a trip to Las Vegas from publisher Todd Heikkila. The first edition will be delivered to all Rosemount addresses on Friday, April 19, 1991. Patrick Thompson, Manager of Public Affairs from Koch Refining Company, presented a check to Gene Grayzini of Ducks Unlimited. This contribution represented Koch Refining Company's contribution for the Minnesota Ducks, Unlimited project relating to the Valley Oak Pond Project. Resident Tom Reller was recognized for his participation. Mr. Grayzini of Ducks Unlimited in turn presented the check to the City. See Clerk's File 1991- Leprechaun Days Chairperson Joe Walsh presented Patrick Thompson of Koch I Refining Company a plaque in appreciation of Koch's contribution towards the cost of a sound system to be used for Leprechaun Days' functions. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1991 Cary Perket of USPCI, Inc. addressed the Council in response to a letter approved by the City Council on April 2, 1991. This letter confirmed the City Council's position on having the non hazardous waste containment facility on University of Minnesota property in Rosemount. Mr. Perket addressed several issues which questioned the feasibility of locating the project on University of Minnesota property. See Clerk's File 1991 -13. Mayor Napper suspended the regular agenda and opened a public hearing scheduled at this time. Mayor Napper advised the purpose of the public hearing is to consider amendments to Section 10 of the Zoning Ordinance which would allow electronic changeable message signs at post- secondary educational institutions. The city clerk presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1991 -13. Consultant Dean Johnson of Resource Strategies advised Dakota County Technical College requested an amendment to the Zoning Ordinance which would allow the college to place 2'x 24' electronic signs upon each entrance monuments located on County Road 42. The Planning Commission, at its December 11, 1990 Regular Meeting, requested that staff pursue changes in the ordinance that could accommodate the college, yet minimize conflicts. Johnson advised staff suggested adding a provision to the ordinance for a single freestanding electronic sign which would be limited to post- secondary schools. At its March 12, 1991 Regular Meeting, the Planning Commission recommended approval of the suggested revisions to the zoning ordinance. Johnson commented on the city department directors recommending against the request on the basis of the debate, time and effort which had gone into establishment of the new sign ordinance, traffic safety and aesthetic considerations. See Clerk's File 1991 -13. Program Supervisor Ron McKeaver of Dakota County Technical College explained how the concept for the sign was developed over the past two years and how the electronic changeable message sign could assist in enrollment of students, inform passersby about school events and provide an opportunity to bring the college closer to the community. There was no other public comment in favor or against the sign ordinance amendment. MOTION by Napper to close the public hearing. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: 0. It was the general consensus of Council that a great deal of time had been spent on revising the sign ordinance, and this discussion caused Council to agree they did not want this type of sign in the City. Council members also expressed concerns that approval of such a sign would open the door for additional requests by schools, churches and businesses. A suggestion was made from the 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1991 Council to work with the College to assist it in providing other marketing tools. MOTION by Wippermann to deny the petition by Dakota County Technical College to amend the sign provisions of the Zoning Ordinance. SECOND by Klassen. Ayes: Wippermann, Napper, Klassen. Nays: Willcox. Jeff Schoenbauer of Brauer and Associates provided an overview of a preliminary draft of the Parks Master Plan project. The draft is the result of several meetings of the consultant with the Parks Master Plan Advisory Committee and its subcommittees. Shoenbauer reviewed the several components referred to by the committees for establishing the proposed framework for the proposed park system master plan. Consultant Shoenbauer also reviewed the various classifications or types of parks included in the draft master parks plan. Parks Recreation Director David Bechtold advised a public meeting is scheduled for April 18, 1991, at 7:30 p.m., at City Hall, for the purpose of receiving public input on the preliminary draft of the Parks Master Plan. See Clerk's File 1991 -13. MOTION by Napper to approve the Consent Agenda as presented. SECOND by Willcox. Ayes: Napper, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1991 -13. Dean Johnson of Resource Strategies Corp. presented for Council consideration a Comprehensive Guide plan Amendment and Airport Search Area Land Use Change regarding the guide plan amendment petition submitted by L. H. Sowles Co. for redesignation of ten acres of land near CR 38 and TH 52 from Agricultural to General Industrial. Johnson advised the Planning Commission at its regular meeting on April 9, 1991 recommended approval of the Guide Plan Amendment and Airport Search Area Land Use Change. See Clerk's File 1991 -13. MOTION by Willcox to approve the L. H. Sowles Guide Plan Amendment subject to Metropolitan Council Approval and to approve the Airport Search Area Land Use Change submission and to authorize distribution for Metropolitan Council review. SECOND by Napper. Ayes: Klassen, Willcox, Wippermann, Napper. Nays: 0 Dean Johnson of Resource Strategies Corp. presented for Council review and consideration the Comprehensive Guide Plan Amendment and Airport Search Area Land Use Change forms in consideration of the guide plan amendment petition by Solberg Aggregate Co. The amendment involves the redesignation of 38 acres of land near CR 38 and TH 52 from Agricultural to General Industrial. Johnson advised Solberg Aggregate Co. proposes to relocate its office /maintenance facility and construction equipment on ten acres of the property, pending guide plan and subsequent zoning approvals. The Planning Commission recommended approval of the Guide Plan Amendment and Airport Search Area Land Use Change at its April 9, 1991 regular meeting. See Clerk's File 1991 -13. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1991 MOTION by Willcox to approve the Solberg Aggregate Guide Plan Amendment subject to Metropolitan Council approval and to approve Airport Search Land Use Change submission and to authorize distribution for Metropolitan Council review. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: 0. Finance Director Jeff May presented for Council adoption a resolution that would allow for the sale of general obligation improvement bonds to finance the construction of various street and utility improvements within the City. May advised the proposed bid opening for the bond sale is scheduled for May 21, 1991, at 12:00 p.m. See Clerk's File 1991 -13. MOTION by Napper to adopt A RESOLUTION PROVIDING FOR THE PUBLIC SALE OF $1,180,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991 A. SECOND by Klassen. Ayes: Wippermann, Napper, Klassen, Willcox. Nays: 0. Administrator Stephan Jilk discussed with Council the fourth draft of a proposed assessment policy that would establish a street construction and reconstruction assessment policy in the City. Jilk reviewed changes made from the last draft reviewed by Council and noted the deferment section and design criteria section need to be added. Consultant Dean Johnson reviewed several street assessment examples which illustrated different types of construction and reconstruction projects at different areas of the city. See Clerk's File 1991 -13. By unanimous consent of the Council, a ten minutes recess was held at 10:00 p.m. Public Works Director Ron Wasmund identified 8.3 acres of land proposed to be purchased from the Gergen family for completion of Jaycee Park. Wasmund advised the city attorney and staff have recently reached an agreement with Isadore and Clarice Gergen to purchase the land for $9,500 an acre. The Public Works Director requested Council authorization to pursue acquisition of the proposed park land and to expend $50,000 out of park dedication funds and $28,850 out of CIP Account #510 for this purchase. See Clerk's File 1991 -13. MOTION by Napper to authorize and direct staff to expend funds in the amount of $78,850 from appropriate fund accounts for the purchase of 8.3 acres of land from the Gergen Family for the completion of Jaycee Park. SECOND by Klassen. Ayes: Napper, Klassen, Willcox, Wippermann. Nays: 0. Public Works Director Wasmund reviewed the bids received for two pickups for the Fire Department, one pickup for the Public Works Department and one Sports Van for the Parks Recreation Department. Superior Ford presented the low bid for all the vehicles in the amount of $61,941. Wasmund also outlined additional expenses for taxes, licenses and minor equipment. The public works director recommended that Council award the bid to Superior Ford and to expend funds according to the low bid and 4 See Clerk's File 1991 -13. MOTION by Willcox to accept the bids and award the bid for three pickups and one van to Superior Ford in the total amount of $61,941 and to authorize staff to purchase and install miscellaneous equipment on these vehicles. SECOND by Napper. Ayes: Klassen, Willcox, Wippermann, Napper. Nays: 0. i ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1991 the miscellaneous equipment for a total amount of $64,827.21. Public Works Director Ron Wasmund summarized the bid tabulation and staff's process in obtaining prices for the replacement of the tandem dump truck. See Clerk's File 1991 -13. MOTION by Napper to accept the bids and to award the contract to Lakeland Ford Truck in the amount of $52,114 for the cab and chassis and to award the contract to Crysteel Truck Equipment in the amount of $11,947 for the box, hoist and hydraulics. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: 0. City Council reviewed the formal contract with Hertogs, Fluegel, Sieben, Polk, Jones and LaVerdiere, P.A. to provide the City with legal consulting services for May 1, 1991 through December 31, 1991. Administrator Jilk commented on the contract language which would allow the city the ability to designate other legal counsel for certain projects. Council Member Klassen noted for the record her intention to vote against the contract since she voted against approving the law firm as the City's legal consultant at the April 2, 1991 regular council meeting. See Clerk's File 1991 -13. MOTION by Napper to approve the contract with the law firm of Hertogs, Fluegel, Sieben, Polk, Jones LaVerdiere from May 1, 1991 to December 31, 1991 and to authorize the necessary signatures. SECOND by Willcox. Ayes: Wippermann, Napper, Willcox. Nays: Klassen. Public Works Director Ron Wasmund informed Council the Utilities Commission at its April 8, 1991 meeting concurred the new water and sewer rates recently implemented should remain in force but agreed to granting exemptions of the minimum water and sewer charges to qualifying seniors. Qualifying seniors would pay based upon actual consumption at the rate of $1.10/1,000 gallons on water and $1.85/1,000 gallons on sewer based on water consumption. Administrator Stephan Jilk discussed with Council three options that were considered by the Utilities Commission in their review of the water and sewer rates. Jilk explained how lower fixed rates or a combination of lower fixed rates and a sliding rate structure could affect the users. Jilk further pointed out how these different examples could affect gains or losses to the city based on fixed costs. See Clerk's File 1991 -13. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1991 Council reviewed the proposed letter to be sent to water and sewer customers in attempt to clarify the reasons for the increase of water and sewer and why the city went back to quarterly billing. Council suggested clarifying the letter and including the city's recognition of conservation and its relationship to fixed costs. See Clerk's File 1991 -13. Council Member Wippermann referred to Council action on April 2, 1991 for ordering the feasibility report and plans and specifications for the improvements of Country Hills 4th Addition. Council Member Wippermann expressed concerns regarding the grading and development of the hills around Birger Pond and recommended the project be delayed until further discussion is held regarding the land use of this area. Following further discussion, Council reached a general consensus this issue warranted further discussion and directed staff to present options available to Council at the next regular Council meeting. Council Member Klassen advised Jerry Fluegel will not be able to serve on the Weed Ordinance Revision Committee and, therefore, recommended the appointment of Rich Carlson. MOTION by Willcox to appoint Rich Carlson to the Weed Ordinance Revision Committee. SECOND by Wippermann. Ayes: Napper, Klassen, Willcox, Wippermann. Nays: 0. Fire Chief Scott Aker requested Council authorization to purchase 25 self- contained breathing apparatus units and 25 extra air bottles for a total cost of $41,375 from Eddy Bros. Co. of St. Paul, Minnesota. Chief Aker advised the old equipment is no longer appropriate for fire fighting activities. See Clerk's File 1991 -13. MOTION by Napper to allow the fire department to spend $40,175 to purchase 25 self- contained breathing units and 25 additional air bottles. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper. Nays: 0. City Council reviewed a letter received from Roy Johnson, owner of Roy's Sports Center, 14815 Dallara Avenue, regarding the non- conforming status of his property and the high taxes he feels he is paying. Consultant Dean Johnson of Resource Strategies Corp. advised Council Roy Johnson's property was rezoned to R -1 Single Family Residential when the new Zoning Ordinance /Map was adopted on September 19, 1989. Dean Johnson further advised Roy Johnson would prefer to have his property rezoned to Commercial to allow other commercial uses and enhance his resale options. In lieu of rezoning, Roy Johnson is requesting some sort of tax relief. See Clerk's File 1991 -13. MOTION by Napper to support the reduction of property taxes on this property if the property owner elected to choose this alternative. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Klassen. Nays: 0. 6 1 ROSEMOUNT CITY PROCEEDINGS REGULAR FETING APRIL 16, 1991 Council Member Willcox left the meeting at 11:30 p.m. MOTION by Klassen to approve the hiring of Jane Gilb to the position of Accountant with a salary beginning at $26,122, subject to passing a pre employment physical. SECOND by Wippermann. Ayes: Wippermann, Napper, Klassen. Nays: 0. See Clerk's File 1991 -13. MOTION by Napper to accept the recommendation to hire Susan VanderHeyden as the new Rosemount Assistant City Administrator as outlined in the memorandum from City Administrator Stephan Jilk dated April 10, 1991. SECOND by Wippermann. Ayes: Napper, Klassen, Wippermann. Nays: 0. See Clerk's File 1991 -13. MOTION by Napper to approve the addition of John Loch to the Town Green Committee of the Parks System Master Plan process. SECOND by Klassen. Ayes: Klassen, Wippermann, Napper. Nays: 0. See Clerk's File 1991 -13. Administrator Stephan Jilk provided an update to Council on the Armory project. Jilk advised the National Guard has submitted the design drawings to Washington, D.C. for approval. The National Guard is hoping to receive approval of the project in late October, 1991 for construction beginning in 1992. Administrator Stephan Jilk advised State Representative Dennis Ozment and Senator Pat Pariseau will present special legislation which, if passed, would stop the current airport site selection process and cause a feasibility study to be completed as to whether or not to move the airport before continuing the site selection process. The special legislation was proposed by a coalition of several cities and townships in Dakota County whose representatives met on April 3, at Vermillion City Hall. See Clerk's File 1991 -13. Administrator Stephan Jilk informed Council the University of Minnesota Advisory Committee will meet on April 18, 1991 to discuss several issues relating to land use on the University of Minnesota Research property. Administrator Jilk, who is a member of this committee, noted that most of the items on the agenda pertain to land use issues the City is requesting to be considered. Jilk commented on an article from the "Minnesota Daily" which announced University of Minnesota Board of Regents have received a permit for a new waste treatment facility to be located near the Minneapolis Campus. The purpose of the new facility is to consolidate storage of the University's hazardous waste currently stored at 20 different sites including the U of M Research facility in Rosemount. See Clerk's File 1991 -13. Administrator Stephan Jilk reviewed a listing of eleven areas chosen by Dakota County Administrators regarding services that could be shared and consolidated by Dakota County cities and Dakota County. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 16, 1991 Administrator Stephan Jilk reviewed with Council S.F. No. 1408 which would allow the establishment of tax increment financing districts in eastern Rosemount. Jilk noted the bill was also introduced into the House by Representative Ozment. See Clerk's File 1991 -13. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 3. Nays: 0. The meeting was adjourned at 11 :55 p.m. Respectfully submitted, ATTES letit teph. Jilk, y Administrator Meeting adjourned at 7:20 p.m. 8 Susan M. Walsh, City Clerk Published this o? day of XgOALAL. 1991 in Rosemount Town Pages. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 18, 1991 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, April 18, 1991 at 6:00 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Willcox, Wippermann, Klassen and Oxborough present. The purpose of the special meeting was to discuss the concept of USPCI's Waste Containment Facility moving to the University property and the presentation Mr. Cary Perket made to the City Council on this matter on April 16, 1991. Council and staff members Ron Wasmund and Stephan Jilk discussed the six issues raised by Mr. Perket and general discussion of the Waste Management Campus concept. MOTION by Napper to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. Resp tful y su..:tted, Step .n Jilk, f dministrator 1 1 1 ATTEST: Vernon J. Napper, Mayor 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 18, 1991 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 30, 1991 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 30, 1991 at 6:30 p.m. in the Council Chambers. Mayor Napper called the meeting to order with Councilmembers Willcox and Oxborough present. Councilmembers Klassen and Wippermann were absent. The purpose of the meeting was to have the City Council convene as the local Board of Review to consider actions on property valuations and secondly, to hold a special work session with City staff on updates of departmental operations. Mayor Napper advised that the special workshop with staff would be cancelled because of the absence of two councilmembers. Administrator Jilk advised Council that he wished to add an item to the agenda for discussion after the Board of Review concerning special legislation. It was added. The meeting was turned over to Bill Pederson, Chief Assessor for Dakota County. Mr. Pederson gave a brief presentation on property valuation procedures used by the County and answered general questions. Following this presentation, Stephan Jilk presented for Council consideration a resolution which would provide support to the establishment of a Port Authority in the City. Mr. Jilk advised that Representative Ozment had notified him that the Special Tax Increment legislation drafted for consideration by the legislature was in jeopardy and suggested down scaling it to get the Port Authority status for the City. MOTION by Willcox to adopt A RESOLUTION SUPPORTING THE AUTHORITY OF THE CITY OF ROSEMOUNT TO ESTABLISH A PORT AUTHORITY UNDER MINNESOTA STATUTE 469.048. SECOND by Napper. Ayes: Napper, Oxborough, Willcox. Nays: 0. The County Assessor's staff then worked with individual property owners to discuss property values. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 30, 1991 MOTION by Willcox to adjourn. Napper, Oxborough, Willcox. ATTEST: Vernon J. Napper, Mayor SECOND by Oxborough. Ayes: Nays: 0. 2 1 Resp- ctfully s tted inistrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1991 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 7, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Council Members Oxborough and Klassen present. Council Members Willcox and Wippermann were absent. The agenda was amended as follows: Item 4(b) Minutes of April 18, 1991 Special Council Meeting and Item 4(c) Minutes of April 30, 1991 Special Council Meeting were deleted from the agenda. Item 3(d) Presentation of Fire Department Retirement Plaque was added to the agenda. The City's new Assistant City Administrator, Susan L. VanderHeyden, was introduced to the Council. See Clerk's File 1991 -15. Chief of Police Lyle Knutsen announced Koch Refinery will be donating funds to equip cellular phones for five squad cars. See Clerk's File 1991 -15. Council Member Sheila Klassen read a letter and poem received from Brian Crabtree of Keego Harbor, Michigan. Brian Crabtree is thirteen years old and wrote the poem while visiting his sister who lives in Rosemount. See Clerk's File 1991 -15. Fire Chief Scott Aker presented a plaque to Council Member Oxborough who recently retired from the Fire Department after ten years of service. MOTION by Napper to approve the consent agenda as amended. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -15. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1991 City Administrator Stephan Jilk presented for discussion proposed amendments to the 1991 operating budget and the transfer of funds from the bonds paid up account and CIP account to the general funds account. Jilk advised that because of an error in overestimating revenues for 1991 and state aid cuts the City will experience in July and December of 1991, several adjustments need to be made to the 1991 budget in order to maintain a balance. Council reviewed the proposed budget amendments and line items changes prepared by Finance Director Jeff May. Council commended staff for their efforts in maintaining a workable and balanced budget. See Clerk's File 1991 -15. MOTION by Napper to approve the recommendation for transfer of $265,051 from the bonds paid up account and $50,000 from the CIP account to the general fund account. SECOND by Oxborough. Ayes: Oxborough, Klassen, Napper. Nays: 0. City Administrator Stephan Jilk requested Council consideration to delay City Project No. 212, Diamond Path Street Improvements (Connemara Trail to 145th Street), and City Project 206, 145th Street Improvements (Shannon Parkway to Diamond Path). Jilk proposed delaying the projects until late 1991 or early 1992 and that bids not be let until the proposed street assessment policy is completed, the stormwater utility is formally established and several engineering issues have been clarified. Consulting Engineer Bud Osmundson from OSM reviewed the various engineering issues and an agenda of items required to be resolved regarding the Birger Pond. See Clerk's File 1991 -15. County Commissioner Steven Loeding expressed his frustrations of having the Diamond Path Project delayed and encouraged Council to proceed as quickly as possible on the project. Commissioner Loeding suggested the City Council consider splitting the project and starting construction of the intersection of Diamond Path and 145th Street as an alternative. Council concurred the public works director should meet with the county engineering staff to determine if it would be feasible to begin a portion of the project. Council further concurred letters should be sent to the affected property owners advising them of the delay in the project. MOTION by Klassen to accept the recommendation on the delay of the Diamond Path /145th Street Projects until certain issues are takes care of, to formally notify Dakota County of this action and to instruct the public works director to meet with county staff to discuss constructing a portion of the project. SECOND by Oxborough. Ayes: Klassen, Napper, Oxborough. Nays: 0. Public Works Director Ron Wasmund addressed the concerns expressed at the April 16, 1991 regular council meeting regarding the grading and development of the hills around Birger Pond. Wasmund referred to the original and revised development plans of Country Hills 4th Addition and commented on the recommendation by the Planning Commission at its April 9, 1991 meeting to approve the Country Hills 4th Addition final plat and Planned Unit 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1991 Development amendment. City Attorney Eric Short informed Council the City is not in a position to stop the development of Country Hills 4th Addition but would be able to address the development of future phases if the Council chose to do so. Council concurred to discuss this issue further at the May 21, 1991 regular council meeting since Council Member Wippermann, who introduced this issue, was not present. See Clerk's File 1991- 15. Joe Walsh, Chairperson of the Leprechaun Days Committee, requested Council approval for the use of city streets and facilities and city personnel during Leprechaun Days' scheduled for July 19 -28, 1991. Chairperson Walsh also presented funds to offset City costs for the fireworks display, bands in the park and photocopying costs. See Clerk's File 1991 -15. MOTION by Napper to approve the use of certain city streets and facilities for Leprechaun Days events in 1991, to accept the donations from the Leprechaun Days Committee and to approve the expenditure of $6,000 for fireworks for Leprechaun Days as outlined in the memorandum from Joe Walsh of May 7, 1991. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen. Nays: 0. Fire Chief Scott Aker informed Council that Joe Walsh, a 20 -year member of the fire department, submitted his resignation effective May 11, 1991. Council applauded Mr. Walsh not only for his 20 years of active service on the fire department but also for his unmatched dedication to the City. See Clerk's File 1991- 15. MOTION by Napper to ratify the fire department's action and accept Joe Walsh's resignation from the department effective May 11, 1991. SECOND by Oxborough. Ayes: Oxborough, Klassen, Napper. Nays: 0. Fire Chief Scott Aker requested Council consideration to raise the fire department salaries and hourly wages for fire calls to be effective in 1992. Fire Chief Aker provided a brief history and reasons for the requested increases. See Clerk's File 1991- 15. MOTION by Oxborough to approve the salary increases as indicated in column "C" of the fire department proposal to be implemented in the year 1992. SECOND by Klassen. Ayes: Klassen, Napper, Oxborough. Nays: 0. Public Works Director /Building Official Ron Wasmund reviewed with Council his memorandum of May 1, 1991 outlining the need to hire a contract building inspector. Wasmund noted because of the high level of building permit issuance and his assuming the position as director of the public works department, it has become impossible to keep up with the requested inspections. It was proposed the inspector be hired on a contract basis for a period of six months and an evaluation be made at that time for determining the need for continued staffing. Council unanimously 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1991 concurred the advertisement should be placed immediately and the position filled. See Clerk's File 1991 -15. MOTION by Napper to authorize the public works director to advertise and to hire a contract building inspector. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen. Nays: 0. City Administrator Stephan Jilk presented the recommendation from the interview committee for the appointment of Lisa Freese to the position of Director of Planning at a starting annual salary of $42,000 plus benefits. Lisa Freese's starting date would be June 3, 1991. See Clerk's File 1991 -15. MOTION by Napper to approve the recommendation, as outlined in the memorandum from the city administrator, for the appointment of Lisa Freese as the Director of Planning for the City of Rosemount. SECOND by Klassen. Ayes: Oxborough, Klassen, Napper. Nays: 0. City Administrator Stephan Jilk recommended the hiring of Cindy Carlson who is currently working with the City in the capacity of an intern in the planning department. She would be hired as a planning assistant for a maximum of eighteen weeks. See Clerk's File 1991 -15. MOTION by Klassen to hire Cindy Carlson as a planning assistant for a period not to exceed eighteen weeks at a rate of $8.50 per hour. SECOND by Oxborough. Ayes: Klassen, Napper, Oxborough. Nays: 0. Public Works Director Ron Wasmund reviewed with Council a request from the developer of Chelsea Woods Estates and the builder of homes on Lot 1, Block 1 and Lot 5, Block 2 to extend Cobblestone Lane 40 feet north of the existing temporary cul -de -sac. The 40 foot extension would facilitate the permanent construction of concrete driveways and driveway monuments. Wasmund referred to a letter from the developer authorizing expenditure of funds for the extension from an established escrow account. Discussion ensued regarding snow plowing of the extension with Public Works Director Wasmund advising the city would only snowplow the cul- de -sac. Since Council reached a general consensus the situation is less than desireable for the City, Council concurred the property owners should execute a written agreement stating they will be responsible for the maintenance of the 40' foot extension. See Clerk's File 1991 -15. MOTION by Napper to authorize staff to proceed with obtaining quotes and construction of a 40 foot extension of Cobblestone Lane with payment for the project to be taken from an established escrow account subject to an executed agreement between the city and the property owners indicating the property owners will maintain the 40 foot extension of the street. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen. Nays: 0. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1991 Public Works Director Ron Wasmund presented for Council review and consideration a resolution setting out guidelines for calculations of building values and permit prices and a table of fixed permit fees for the categories of fences, residing, reroofing and basement finishes. See Clerk's File 1991 -15. MOTION by Napper to adopt A RESOLUTION ESTABLISHING BUILDING PERMIT FEES IN THE CITY OF ROSEMOUNT. SECOND by Klassen. Ayes: Oxborough, Klassen, Napper. Nays: 0. Public Works Director Ron Wasmund presented a letter of request from Mark Parenteau, 3260 Lower 150th Street West, to remove the existing trail and vacate the easement along the east side of his property. Wasmund advised that although the City cannot vacate the utility easement or any portion of the 60 foot easement, city staff agreed the trail should be removed and the property owner should be allowed to construct a fence within the easement. City staff recommended a written agreement be recorded against the property which would set out the responsibility of the property owner removing and replacing the fence at his expense if the City needed to enter the easement. Mayor Napper felt moving the fence would cause walkers to go around the fence and possibly force the adjacent property owner to put up a fence. See Clerk's File 1991 -15. MOTION by Klassen to direct staff to remove bituminous trail and execute an agreement with the property owner of Lot 11, Block 6, Rahn's 7th Addition to permit a fence to be located in the easement. SECOND by Oxborough. Ayes: Klassen, Oxborough. Nays: Napper. Parks Recreation Director David Bechtold requested Council authorization to expend funds for consulting engineering services for Phase II of Jaycee Park. See Clerk's File 1991 -15. MOTION by Napper to approve OSM to complete the items listed in the Parks and Recreation Director's memorandum of May 7, 1991 at a cost not to exceed $17,260. SECOND by Oxborough. Ayes: Oxborough, Klassen, Napper. Nays: 0. Council reviewed a request from City Administrator Stephan Jilk to allow the City's financial consultants to provide technical assistance to staff in developing a five year capital improvement plan. Jilk advised the plan would provide a five year program for all project development and equipment purchasing. See Clerk's File 1991 -15. MOTION by Napper to authorize the development of a five year capital improvement plan for the City of Rosemount and to direct that Springsted, Inc. be retained to work with city staff to complete the plan at a cost not to exceed $9,600. SECOND by Klassen. Ayes: Klassen, Napper, Oxborough. Nays: 0. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1991 Council Member Klassen provided an update to Council on scheduled meetings of the Weed Ordinance Revision Committee. Council Member Klassen presented a draft resolution which would put into effect a moratorium until July 15, 1991 of the City's existing Weed Ordinance. Council concurred the draft resolution should be amended to include the exemption of State and County statutes and regulations which authorizes the cutting of noxious weeds. See Clerk's File 1991 -15. MOTION by Napper to adopt A RESOLUTION FOR WITHHOLDING OF ENFORCEMENT OF WEED AND VEGETATION CONTROL. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen. Nays: 0. Mayor Napper updated Council on a meeting he and Administrator Stephan Jilk attended with USPCI representatives regarding issues and concerns raised by USPCI for locating their proposed containment facility on Highway 55 rather than University of Minnesota property in Rosemount. Mayor Napper advised that USPCI agreed to consider to participate in contracting with a consultant to research and address the issues associated with the University of Minnesota property. Administrator Stephan Jilk presented for Council consideration a proposal submitted by Resource Strategies Corporation for an in -depth study and analysis of the University of Minnesota property as a potential site for a waste management campus in the City of Rosemount. Following discussion, Council concurred with the Resource Strategies Corporation proposal and concurred the proposal should be presented to USPCI representatives. See Clerk's File 1991- 15. Administrator Stephan Jilk reported on his attendance at a meeting of the University of Minnesota Advisory Committee of which he is a member. Jilk commented on the advisory committee supporting the location of the Dakota County hazardous waste storage facility on University of Minnesota property. Administrator Jilk also advised the Advisory Committee recommended an update of the long range plan for the University of Minnesota property in Rosemount and the establishment of a mission statement. See Clerk's File 1991 -15. Administrator Stephan Jilk discussed the failure of the special legislation that would have stopped the present airport search process. Jilk advised discussions have been held with surrounding communities to formulate a committee comprised of city planners and administrators who would meet for the purpose of discussing and coordinating these cities' concerns of the ongoing search process. See Clerk's File 1991 -15. Administrator Stephan Jilk advised Recomp, Inc. will present its proposal to construct a composting facility on the property it now leases at the University of Minnesota Research Center to the Planning Commission on May 14, 1991, at 7:00 p.m. At 7:30 p.m. that evening, the Metropolitan Council will hold a public meeting on the EAW for this project. See Clerk's File 1991 -15. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 1991 MOTION by Napper to recommend the reappointment of Ed Kranz to the Regional Transit Board. SECOND by Oxborough. Ayes: Oxborough, Klassen, Napper. Nays: 0. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 3. Nays: 0. ATTEST: Jilk, CitCAdministrator 7 Respectfully submitted, Sdsan M. Walsh, City Clerk ROSEMUONT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1991 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 21, 1001, at 8:00 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napped led the group in the Pledge of Allegiance. Jane Gilb, who started work with the City on May 13, 1991 as an accountant, was introduced to the City Council. See Clerk's File 1991 -16. The City Council was presented a summary report prepared by Economic Development Specialist Tracie Pechonick for the City's 1991 Community Clean Up Day held on May 4, 1991. An approximate total of 400 vehicles went through the line bringing in a total of 77.77 tons of material for disposal. The total net cost to the City was $10,106.13. See Clerk's File 1991 -16. Officer Mark Robideau invited the City Council to attend the first D.A.R.E. graduation programs at St. Joseph's School, Rosemount Elementary and Shannon Park Elementary. Officer Robideau informed Council he has received several good comments about the program from students, parents and teachers and thanked the City Council for their support. Mayor Napper presented Officer Robideau with a plaque in recognition of Officer Robideau's contribution to a successful first year of this program. See Clerk's File 1991 -16. t 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1991 Finance Director Jeff May informed Council the City received a check in the amount of $18,020 from its workers' compensation carrier. This amount represents a premium adjustment for the period of October 1, 1989 to October 1, 1990. See Clerk's File 1991 -16. Council reviewed the Consent Agenda as presented. Council concurred the last sentence of the paragraph regarding the 40' extension of Cobblestone Lane in Chelsea Woods should be amended as follows: Since Council reached a general consensus the situation is less than desireable for the City, Council concurred the property owners should execute a written agreement stating they will be responsible for the maintenance of the 40' extension. See Clerk's File 1991 -16. MOTION by Napper to approve the Consent Agenda as amended. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -16. Financial Consultant Rusty Fifield of Springsted, Inc. presented the bids received and opened this date at 12:00 Noon for the sale of $1,180,000 General Obligation Improvement Bonds, Series 1991A. The consultant recommended awarding the sale to Cronin Company, Incorporated; Smith Barney, Harris Upham Company, incorporated; Marquette Bank Minneapolis, N.A., at a net interest rate of 6.0920 See Clerk's File 1991 -16. MOTION by Willcox to adopt a RESOLUTION ACCEPTING BID ON THE SALE OF $1,180,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. SECOND by Oxborough. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Stephan Jilk advised that Council requested at the May 7, 1991 Regular Council Meeting continued discussion on the future development of the Kelley /Daley property and the final phases of the Country Hills PUD development since two councilmembers were absent at the May 7, 1991 meeting. Councilmember Wippermann reiterated his concerns regarding the grading and development of the hills around Birger Pond and the lack of a transition plan from rural and agricultural areas to urban areas of the City. Following further discussion, Council directed staff to schedule these issues for discussion the City Council and Planning Commission meet to discuss and review revisions to the Comprehensive Guide Plan. See Clerk's File 1991 -16. Developer Lee Johnson of U.S. Homes inquired about the status of the preliminary plat and PUD amendment for Country Hills 4th Addition and requested a public hearing be set for June 4, 1991. City Administrator Jilk advised the plans and specifications for Country Hills 4th Addition have not been completed. Administrator Jilk concurred with Lee Johnson's request to hold the public hearing on June 4, 1991 but recommended that Council withhold action until the plans and specifications are completed. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1991 MOTION by Napper to set a public hearing for June 4, 1991, at 8:00 p.m., or as soon thereafter as possible, to consider the Country Hills 4th Addition preliminary plat. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. City Administrator Stephan Jilk reviewed the four methods available to the City for deferring special assessments. Following this review, Council directed the administrator to include the methods of assessment deferments into the proposed assessment policy, to clarify the last paragraph of Item No. 4 and to provide examples of each of the four methods for the purpose of illustrating how each deferment method could affect the property owner and the city. Council further concurred staff should look into providing a deferment method that would include some type of cap on deferred interest. See Clerk' file 1991 -16. City Administrator Stephan Jilk presented for discussion several methods to streamline the City Council meeting process. Jilk provided background information on possible alternatives and recommended the following changes for consideration by Council: (1) use consent agenda more extensively; (2) consider a monthly /regular workshop date; (3) prepare an annual business agenda /calendar; (4) set times for discussion of items on agenda; and (5) continue to prepare for meetings. See Clerk's File 1991- 16. Council concurred with Items 1, 3 and 5. Recommendations were also made from Council to include on the executive summary form a more complete outline of any attached staff reviews and to have available executive summary forms for audience use. Council generally concurred the availability of executive summary forms could be an aid to audience members and allow staff to be more brief in their presentations unless requested by Council to expand on an explanation. City Administrator Stephan Jilk presented for Council review and consideration a revised Committee Selection Policy which would allow the establishment of committees to the City Council in replacement of the Council Liaison positions to departments. Mayor Napper, who initially presented this concept in January, 1991, reiterated his opinion that council liaison positions were out of date since the hiring of a city administrator, but now questioned whether these committees were necessary. Discussion was held by Council that although the new committee process would allow for more citizen involvement, it could possibly eliminate total council involvement on the issues and activities being considered for committee discussion. Council agreed to table discussion until late summer or early fall when Council will be considering a date and time for their goal setting session. See Clerk's File 1991 -16. City Administrator Stephan Jilk reviewed with Council a request from Elizabeth Stein, 3820 120th Street West, to divide her 35 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1991 acres of property into two parcels. Her current residence would be located on the proposed 25 -acre lot, and her son proposes to build a home on a 10 acre parcel. Jilk advised that Mrs. Stein has agreed to dedicate the proper street and drainage easements in exchange of the waiver of platting and waiver of storm water connection charge fee. The Planning Commission recommended approval of the metes and bounds division, subject to street and drainage easement dedication and park dedication requirements, and the Utilities Commission recommended approval of the waiver of the storm water connection fee. See Clerk's File 1991 -16. MOTION by Wippermann to adopt A RESOLUTION APPROVING A METES AND BOUNDS DIVISION OF PROPERTY, subject to the dedication of street and drainage easements and park dedication requirements. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Oxborough to approve the transfer from Fund 605 to Fund 418, approved previously by the Utilities Commission on May 14, 1991, to supplement the 1991A Bond Issue proceeds for Project 213. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. See Clerk's File 1991 -16. MOTION by Klassen to approve the transfers from Funds 610 and 611 to Fund 612, approved by the Utilities Commission on May 14, 1991, that were part of the bond defeasance package previously approved by Council on April 2, 1991. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -16. Finance Director Jeff May requested Council approval to purchase six new personal computers and three new printers from P.C. Express. May noted funds for this request were included as part of the General CIP Fund budget amendment approved by Council on May 7, 1991. Finance Director May commented on the excellent prices on the equipment and the five year warranty. May also advised that by purchasing this equipment would allow him to begin a yearly replacement program which would eventually cause all the personal computers to be covered under warranty. See Clerk's File 1991 -16. MOTION by Napper to approve the purchase of six new 386SX personal computers, two Panasonic 1624 printers and one Okidata 393+ printer from PC Express for the total quoted price of $11,017 and to authorize $10,000 from the CIP Fund with the remaining $1,017 from General Fund 101 41520 -01 -391. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Mayor Napper recommended the appointment of Glenn Detlefsen, M.D., 15120 Chippendale Avenue, as the city's health officer for the year 1991. Mayor Napper advised this appointment is normally done at the organization meeting but because of continued discussion on council committee appointments, this recommendation was not made. See Clerk's File 1991 -16. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1991 MOTION by Oxborough Detlefsen, M.D., as by Klassen. Ayes: Wippermann. Nays: to approve the appointment of Glenn the city's health officer for 1991. SECOND Napper, Oxborough, Klassen, Willcox, 0. Mayor Napper recommended the city administrator received a merit increase to reflect the fine job performance of Stephan Jilk. Mayor Napper proposed a 6.5 percent increase to his current salary. Concerns were expressed from Council the merit increase was not appropriate because of current economic conditions and Council's attempt to keep overall expenditures to a minimum. MOTION by Napper to approve a 6.5 percent increase to the city administrator's current salary, retroactive to January 1, 1991, which would bring the city administrator's current salary to $61,013. SECOND by Wippermann. Ayes: Klassen, Wippermann, Napper. Nays: Oxborough, Willcox. Mayor Napper requested Council consideration to approve per diem payments to Council appointees who serve on a committee or board formed outside of the city. Mayor Napper recommended a $20 per diem with Council approval at the time of the appointment. Council concurred with this recommendation and also agreed travel and other miscellaneous expenses should be considered. See Clerk's File 1991 -16. MOTION by Willcox to approve per diem payments for Council appointments and to approve expenses when appropriate for Council appointments as outlined in the Mayor's memorandum of May 21, 1991 subject to approval by Council of per diem payments and expenses at the time of appointment. SECOND by Napper. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. City Administrator Stephan Jilk informed Council the University of Minnesota has agreed to update its long range plan for its property in Rosemount and Empire Township. This should involve extensive communication between the University of Minnesota and its neighbors which are Dakota County, Empire Township, City of Coates and City of Rosemount. The Rosemount Advisory Council to the University is going through a process of updating and clarifying its mission and purpose. Administrator Jilk advised the City of Rosemount has been asked by the Rosemount Advisory Council to provide information on the proposed waste management campus on the University property, the City's proposal to USPCI to move its facility to the University property and the special legislation on tax increment and port authority. See Clerk's File 1991 -16. City Administrator Stephan Jilk presented information provided by the Dakota County Administrators group regarding existing joint efforts by Dakota County cites and Dakota County and eleven areas chosen by the administrators to consider as further joint efforts. Council designated the following as their top six items to be considered as shared and consolidated services among Dakota County cities and Dakota County: fire /medical services, 5 ATTEST: 6 Susan M. Dim f. f:C Stephdn Jilk, C. Ey Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 21, 1991 dispatching, personnel, public works, environmental services, and legal services. See Clerk's File 1991 -16. MOTION by Napper to designate Items 1, 2, 4, 6, 8 and 10 as the top six items the City should pursue for possibly consolidation or joint efforts with other cities and Dakota County. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. City Administrator Jilk reminded Council that on May 22, 1991, the Minnesota Pollution Control Agency will conduct a public hearing to take testimony regarding the permit for the proposed Resource Recovery Project for Dakota County. The hearing will take place at the Rosemount High School, at 7:30 p.m. See Clerk's File 1991 -16. City Administrator Jilk invited Council to attend a Special Meeting of the Utilities Commission on June 10, 1991, at 6:30 p.m. City staff and the city's consultant will present and discuss the final concept for the development of a storm water utility. By unanimous consent of the Council, the City Council recessed to a Closed Executive Session for the purpose of discussion pending litigation. MOTION by Klassen to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. Respect €ully subm tted, alsh, City Clerk i ROSEMOUNT CITY PROCEEDINGS CLOSED EXECUTIVE SESSION MAY 21, 1991 Upon unanimous consent of the City Council, a Closed Executive Session of the City Council of the City of Rosemount was duly held on Tuesday, May 21, 1991, at 11:45 p.m., in the Council Lounge at City Hall. Mayor Napper called the meeting to order with all members present. City Administrator Stephan Jilk and Attorney Eric Short were also present. Administrator Stephan Jilk discussed with Council the pending litigation brought against the City by several residents with regards to the assessments for Hawkins Pond Construction project. Following this discussion, Council concurred City Attorney David Grannis should pursue in the manner he recommended. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. ATTEST: tepha Jilk, Cif Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETNG JUNE 4, 1991 Respectfully submitted, Susan M. Walsh, City Clerk 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 4, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The following items were added to the agenda: Item 4(k) Approve Staff Attendance At Community Education Convention; Item 5(d) Housing Maintenance Ordinance Discussion; Item 10(a) Approve Per Diem Payment for Al Meyer; Item 12(b) Metropolitan Council Regional Breakfast Meeting. Assistant City Administrator Sue VanderHeyden provided an update on various Metropolitan Council meetings staff has attended 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 1991 regarding the airport search area process. VanderHeyden also outlined the schedule of public meetings the Metropolitan Council's airport search area task force will be holding for the public to receive information and make comments. See Clerk's File 1991 -17. The city's new Director of Planning Lisa Freese was introduced to Council and the audience. See Clerk's File 1991 -17. MOTION by Napper to approved the consent agenda as amended with the addition of item 4(k) Approve Staff Attendance at Community Education Convention. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -17. Consulting Engineer Bud Osmundson provided an overview of the feasibility report for Country Hills 4th Addition Utilities and Street Improvements, City Project No. 222. Osmundson recommended following the proposed project scheduled prepared by city staff rather than the project schedule contained in the feasibility report. Osmundson recommended setting the public hearing to consider the improvements for June 18, 1991, at 8:00 p.m. See Clerk's File 1991 -17. Objections to accepting the Country Hills 4th Addition feasibility report were expressed from the Council because of some concerns for the preservation of the hills surrounding Birger Pond and the lack of any zoning plan for the transition from urban to rural areas. MOTION by Oxborough to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #222. SECOND by Willcox. Ayes: Napper, Oxborough, Willcox. Nays: Wippermann, Klassen. MOTION by Willcox to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING FOR COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #222. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: Wippermann. Mayor Napper suspended the regular agenda to allow for a public hearing scheduled at this time. Mayor Napper opened the public hearing to consider a Zoning Ordinance Text Amendment Petition received from Mike McDonough. The city clerk presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1991 -17. Consultant Dean Johnson of Resource Strategies Corp. advised that Mike McDonough has petitioned the City to amend the text of the Zoning Ordinance to allow commercial outdoor recreation uses in the C -2 Zoning District. Mr. McDonough proposes to develop over a period of time an outdoor commercial recreation center but 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 1991 would like to construct and open for business in June, 1991 a go kart track. The location of the site is 14000 South Robert Trail where McDonough currently owns and operates Sunrise Builder Supply. Johnson advised the City Council that the Planning Commission at its May 28, 1991 Regular Meeting concurred the commercial outdoor recreation proposal deserved review under the planned unit development process but further detail and information from the petitioner would be required to complete such a process. The Planning Commission recommended the petitioner requests the Council to table action on the Zoning Ordinance Text Amendment petition pending review of the planned unit development. Johnson further noted the Planning Commission recommended denial of the Zoning Ordinance Text Amendment if the petitioner failed to request the City Council to take such action. See Clerk's File 1991 -17. Discussion was held by Council regarding the petitioner's desire to open the go kart track this summer. Council also discussed the merits of requiring the proposal to be reviewed under the planned unit development process, which would take approximately ninety days, or to request the Planning Commission to consider the initial phase of the go kart track proposal under a site plan review process. Petitioner Mike McDonough advised he did not oppose the site plan review process if this was the best alternative for expediting approval of his proposal and would commit to the PUD process for the remaining phases. Audience members encouraged Council to allow the business to open this summer while others felt further review by the Planning Commission was warranted. MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Council generally concurred they were in favor of the concept proposed by McDonough. Discussion continued on whether the first phase of constructing the go kart track should be allowed to occur this summer or whether all phases of the project should be reviewed before final approval. Members of the Council, who were in favor of having the Planning Commission review the proposal through a site plan review process, concurred this process would only apply to the first phase and that subsequent phases would require the developer to submit a planned unit development. Council also discussed that issues such as hours of operation, lighting, noise, etc. should be addressed in a development agreement. MOTION by Willcox to advise the Planning Commission to "fast track" the review process as soon as possible for the go kart track phase only. SECOND by Napper. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 1991 Discussion ensued with Council concurring Councilmember Willcox' motion should request the Planning Commission to make recommendations to Council on certain issues and conditions through a development contract at the time of its review of a site plan. MOTION by Willcox to amend the motion as follows: to advise the Planning Commission to "fast track" the review process as soon as possible for the go kart track phase only and to include a contract agreement in its review process. SECOND by Napper. Ayes: Willcox, Wippermann, Napper, Oxborough. Nays: Klassen. Poll of original motion: Ayes: Wippermann, Napper, Oxborough, Willcox. Nays: Klassen. MOTION by Willcox to table action on the petition to amend the Zoning Ordinance Text Amendment. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Mayor Napper opened the public hearing scheduled at this time to consider Rosemount Hills Fourth Addition Preliminary Plat. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. Consultant Dean Johnson of Resource Strategies Corp. identified Rosemount Hills Fourth Addition as a three lot subdivision located south of County Road 38 and lying between Dodd Road and TH3. Since a street easement across the northerly 2.59 acres was acquired by the City in 1987 for realignment of County Road 38, the developer petitioned for a variance to minimum lot area requirements for the remaining 13.26 acres. Johnson advised the Board of Appeals and Adjustments approved the variance on May 28, 1991, and the Planning Commission recommended approval of the preliminary plat on May 28, 1991 subject to various conditions. See Clerk's File 1991 -17. Developer Ed Dunn requested Council to consider support of one driveway for each lot as opposed to the restrictions required by Dakota County that the two lot with access on CR38 share a driveway. Council generally agreed with this request subject to review by city staff. Cathy Busho, 12605 South Robert Trail, advised she lives adjacent to the proposed preliminary plat and supported the subdivision. MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Napper to adopt A RESOLUTION APPROVING THE ROSEMOUNT HILLS FOURTH ADDITION PRELIMINARY PLAT. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 1991 Consultant Dean Johnson reviewed with Council Country Hills 4th Addition Final Plat and Planned Unit Development Amendment. The Planning Commission reviewed and recommended approval of the final plat on April 9, 1991 and also recommended approval of an amendment to the Planned Unit Development (PUD). Johnson recommended that Council withhold final approval until the plans and specifications are approved. See Clerk's File 1991 -17. Councilmember Klassen presented for Council consideration the final draft of the revised weed ordinance as recommended by the Weed Ordinance Review Committee. Klassen advised the goals of the committee members were to provide more flexibility in allowing wildlife habitat preservation and prairie /wildflower landscaping while at the same time maintaining control over unsightly situations and still staying within statutory guidelines. Following in -depth review of the proposed revisions, Council concurred various changes should be made to the following sections: 5- 2 -1(C); 5- 2 -1(G); 5- 2 -3(B); 5- 2 -4(B); and 5- 2 -5(A). MOTION by Willcox to approve the recommended draft of the Weed and Vegetation Control Ordinance as amended. SECOND by Napper. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Willcox to remove the moratorium on the Weed and Vegetation Ordinance. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Councilmember Klassen commented on several complaints she has received on unkept properties and suggested a committee be formed to work with staff on a housing maintenance ordinance. Following discussion, Council concurred staff should log the number and type of complaints, as well as other data, over the next six months. This data along with information previously presented by staff will then be reviewed by Council. City Administrator Stephan Jilk presented several items directly affecting the City of Rosemount as a result of the 1991 Legislative Session. Administrator Jilk commented on Representative Ozment getting the special legislation passed granting the City the authority to establish a Port Authority. Jilk also informed Council state aid cuts will amount to approximately $106,000 in 1991 and a little higher in 1992, but Cities will be allowed to make up the loss in 1992 by levying the amount of lost state aid. Otherwise, the 1991 tax bill froze cities' levies at the 1991 level. City Administrator Jilk also addressed the provision of the Omnibus Tax Bill which gives local governments the option of enacting a new 1/2 cent additional sales tax. Jilk commented on the importance of Council supporting the 1/2 cent sales tax. If Dakota County would not enact the sales tax increase by July 1, 1991, the county and all the cities within that county would face elimination of all local government aid, homestead and agricultural credit and other aid identified in the tax bill. 5 The administrator estimated the City $700,000 if the "optional sales tax" County. See Clerk's File 1991 -17. MOTION by Willcox to adopt A RESOLUTION SUPPORTING THE ADDITIONAL "LOCAL OPTION SALES TAX" AS PROVIDED IN THE 1991 OMNIBUS TAX BILL. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Willcox to support all projects in the Dakota County Five Year CIP Budget which affects the City of Rosemount. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. See Clerk's File 1991 -17. MOTION by Napper to set a Special Council Meeting on Thursday, June 6, 1991, at 6:30 p.m. to consider the USPCI, Inc. project. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. See Clerk's File 1991 -17. MOTION by Napper to approve the appointment of Al Meyer to the Southern Dakota County Light Rail Committee and to approve per diem payments. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Administrator Stephan Jilk updated Council on meetings he has attended as a member of the University of Minnesota Advisory Council. Administrator Stephan Jilk invited Council to attend the Metropolitan Council Regional Breakfast Meeting to be held on June 7, 1991, at 7:30 a.m. at Dakota County Technical College. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. The meeting was adjourned at 11:15 p.m. Respectfully submitted, ATTEST: t n Jilk, ty Administrator 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 4, 1991 would lose approximately was not enacted by the Susan M. Walsh, City Clerk c ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 6, 1991 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, June 6, 1991, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with council members Willcox, Klassen, Napper, and Wippermann present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Dean Johnson from RSC to discuss the process following USPCI's presentation. City Staff present: Stephan Jilk, City Administrator; Lisa Freese, Planning Director; and Dean Johnson, RSC (consultant). USPCI representatives present: Cary L. Perket, Proj from Environmental Engineering and Management, Inc.; Schoessler; Ken Jackson; Peter Hoffman; Earl Finder Recovery System); Becky Comstock, Attorney Dorsey Rogosheske, Attorney Thuel, Pugh Rogosheske. See No. 1991 -18. ect Manager, Mary (Metro Witney; Paul Clerk's File Administrator Jilk proposed to use this opportunity to allow USPCI to discuss concerns for the process that is on going and some concerns Council may have regarding the University of Minnesota property. Cary Perket introduced USPCI staff and consultants. A map display of the two sites being addressed was explained. Wind calculations and a hydrogeologic chart showed how the flow is to the east, toward the river, and why more residents would be affected from the University of Minnesota (U of M) site than the Hwy 55 site. Information was compiled from the Vermillion Water Shed District and the topography maps from the United States Geological Survey. The U of M site also does not have as deep a basin for the 1000 year storm flow, so in "what if" situations there would not be as much protection. Cary Perket indicated that he will provide a copy of the fallout area for the proposed Dakota County Incinerator on the U of M property. Peter Hoffman presented the customers "perception" of the move as negative. Audits are normally done by consultants for customers of USPCI to prove the sites and process are secure. The nearness of Super Fund status on the University of Minnesota, Rosemount, is enough to cast doubt on this security. Earl Finder is a customer of USPCI's now. Metropolitan Recovery Systems is a facility located in Roseville, Minnesota which salvages copper, nickel, chrome, etc. Most residuals handled by USPCI are now shipped to Oklahoma because there isn't a site closer that is secure. His customers also do audits and are aware of recycling and hazardous waste. The possibility of third party liability would make his customers concerned if the U of M site was used. 1 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 6, 1991 Ken Jackson, president of USPCI, said that four million dollars have been spent in the development of the site by Hwy 55. He can not justify a two year delay with the additional $800,000 to $900,000 on another geological study. Time is lost income and additional expense could fold the project since the capital has been spent. USPCI is not interested in funding any portion of the proposed U of M study. Paul Rogosheske discussed the available acreage that would be usable on the U of M property. With other projects being proposed and businesses already established on that property, about 800 to 850 acres would be usable. This land would also be dependent on the Airport Selection by Metropolitan Council which is slated to go to the legislature by December, 1991. Any structure or "cell as they proposed, could have to be removed if the airport was indeed sited at the U of M property. There are three Super Fund sites by the Hwy 55 site, but the ground water flows to the river and these sites do not contaminate the USPCI site there. One problem with the U of M site is that a new contamination could not be identified as to from where and who it exactly came from. The plume of contamination is one mile wide flowing east caused by mainly by PCB's, solvents and chloroform at a depth of 40 to 70 feet. Becky Comstock, attorney, has worked with Super Fund issues in this area. It is her opinion that liability from exposure to contaminates would have to be assumed by USPCI as owner /or leasee /or tenant. A Risk /Indemnification Agreement and monitoring of the site would be required for the U of M site. Cary Perket said that there would be no benefit for them or the environment to move to the U of M site. Currently they plan to charge $75 /ton which is higher than the marketing price of $45 /ton so their customer has to be convinced of the security of the site. USPCI considers the U of M site as having insurmountable obstacles now and will not consider it acceptable. Dennis Wippermann asked about the depth of the cells (75') and how the topography of the Hwy 55 site v.s the U of M site lend to this. USPCI plans to construct five cells now and five additional on the land that would need to be rezoned from Agricultural (AG) to Waste Management (WM). Dean Johnson from RSC, a consultant for the city, explained the process for land use and the Guide Plan Amendments. On March 26, 1991 the Planning Commission accepted the petition to amend the Guide Plan. An amendment to the Guide Plan requires consideration at a public hearing. The City Council could set a Public Hearing on July 2, 1991, and then present it to Met Council, then no City Council action needs to be taken to create a sewer district for that area. The soonest action would take place is September. A petition to rezone that area from AG to WM would not be acted on until the Comprehensive Guide Plan Amendment was approved. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 6, 1991 MOTION by Willcox to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. The meeting was adjourned at 8:05 P.M. ATTEST: en_a Steph Jilk, y Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 1991 Respectfully submitted, 3 Acting Mayor Wippermann led the group in the Pledge of Allegiance. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 6, 1991 Council Member Willcox requested a memo from Dean Johnson on MUSA, Met Council and the Waste Management Area processes. USPCI will be on the Planning Commission Agenda on June 11, 1991 to begin the process of being submitted to Metropolitan Council. Willcox requested council to review the need for a study by the city's consultants and the need to pursue payment by USPCI. Linda Jentink, Recording Secretary 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 18, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Acting Mayor Wippermann called the meeting to order with members Willcox, Oxborough and Klassen present. Mayor Napper was absent. The Agenda was amended to include the following items: Item 3(b) Cancel June 18, 1991 Country Hills 4th Addition Improvements Hearing; Item 3(c) Jaycee Park Property Acquisition; Item 3(d) Missing Person Flyer; and Item 4(g) Approve Block Party Request. Joe Walsh requested that the City assist in distributing missing person flyers for Carin Streufert who has been missing since June 15, 1991 from the Grand Rapids area. Ms. Streufert's father was an instructor at the Blandin Foundation retreat which Joe Walsh attended along with other delegates from the City of Rosemount. See Clerk's File 1991 -19. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 1991 Finance Director Jeff May updated Council on the City receiving the bond proceeds for the $1,180,000 G.O. Improvement Bonds, Series 1991A. See Clerk's File 1991 -19. City Administrator Stephan Jilk requested Council approval to cancel the Country Hills 4th Addition Improvements Hearing scheduled for this evening at 8:00 p.m. because the public hearing notice was not published in the City's official newspaper. Jilk noted since the City received a 100% Petition for Local Improvements from U. S. Homes Corporation, it is not necessary to hold a public hearing although the City routinely holds hearings on all improvement projects. The city attorney concurred with this recommendation. The city administrator recommended that Council consider ordering the improvements for Country Hills 4th Addition under Agenda Item 5(b) and presented a draft resolution to allow this action. By unanimous consent the Council concurred with this procedure and the resolution submitted by staff for determining sufficiency of the 100% petition and ordering the project. See Clerk's File 1991 -19. MOTION by Wippermann to cancel the Country Hills 4th Addition Improvements Hearing scheduled for June 18, 1991. SECOND by Willcox. Ayes: Willcox, Wippermann, Oxborough, Klassen. Nays: 0. Public Works Director Ron Wasmund presented an update on discussions he and the city attorney have had with regards to acquisition of property from Isadore and Clarice Gergen for Jaycee Park. Since the City Council approved the purchase of 8.3 acres of land from the Gergen Family at its City Council Meeting on April 16, 1991, the Gergens have now requested the City consider trading two parcels of land in lieu of the cash purchase transition. Wasmund will keep Council informed of these negotiations and provide additional costs, if any, for this transition of properties. Council discussed the Consent Agenda items. Following discussion on the June 4, 1991 Council Meeting Minutes regarding the poll of Council taken during the McDonough Zoning Ordinance Text Amendment public hearing, Council concurred staff should review the tape recording of the proceedings to verify Councilmember Klassen's vote. Council further agreed the following changes should be made to the June 6, 1991 Special Council Meeting Minutes: Paragraph 8, page one, an additional sentence added, "Cary Perket indicated that he will provide a copy of the fallout area for the proposed Dakota County Incinerator on the U of M property. and on page two, paragraph one, this sentence was added, USPCI is not interested in funding any portion of the proposed U of M study." MOTION by Wippermann to approve the Consent Agenda for Items 4(b) through 4(g) subject to the agreed upon corrections to the June 6, 1991 Council Meetings Minutes. SECOND by Oxborough. Ayes: Wippermann, Oxborough, Klassen, Willcox. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 1991 MOTION by Wippermann to approve the June 4, 1991 Regular Council Meeting Minutes subject to staff verifying the polling of Council. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Director of Planning Lisa Freese updated Council on the action taken by the Planning Commission at its June 11, 1991 regular meeting with regards to the proposed Dakota Trax Commercial Recreation Center. Freese advised the Planning Commission unanimously denied the Site Plan for Phase I because of inadequate information and further recommended denial of the Petition to amend the Zoning Ordinance Text Amendment. Planning Director Freese noted the applicant, Mike McDonough, has been informed of his right to appeal the Planning Commission's denial of the Site Plan. Freese recommended that Council consider withholding action on the Zoning Ordinance Text Amendment until the appeal period has expired. Mike McDonough informed Council he objected to the Planning Commission's reasons denial of the Dakota Trax Site Plan because of inadequate information. McDonough stated he felt the Council in its direction to the Planning Commission on June 4, 1991 did not require him to submit final details and information in the Site Plan. McDonough further objected to audience comments given at the June 11, 1991 Planning Commission meeting. Discussion was held on whether similar uses of outdoor commercial recreation, such as amusement rides, could result if the City acquired the McDonough land for park property. Director of Planning Freese advised that if the land was acquired for park land, it would be considered public land, and the City would have the authority to determine the use of the park land. Further discussion was held on the feasibility of requesting staff to pursue an interim use permit for Phase I of the McDonough proposal if the applicant did provided a Planned Unit Development (PUD) of his proposal. MOTION by Oxborough to request staff to pursue the interim use permit for the go kart track during the Planned Unit Development (PUD) process. SECOND by Willcox. MOTION by Oxborough to amend the motion to request staff to pursue the interim use permit for the go kart track if the applicant provided a Planned Unit Development (PUD). SECOND by Willcox. Poll of amended motion: Ayes: Willcox, Oxborough. Nays: Klassen, Wippermann. Motion failed. Poll of original motion: Ayes: Oxborough, Willcox. Nays: Wippermann, Klassen. Motion failed. Public Works Director Ron Wasmund introduced discussion on the Country Hills 4th Addition Street and Utility Improvements, 3 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 1991 Project 222 and identified the location and costs of the improvements. See Clerk's File 1991 -19. MOTION by Willcox to adopt A RESOLUTION DETERMINING SUFFICIENCY OF PETITION AND ORDERING IMPROVEMENTS PURSUANT TO PETITION BY 100% OF OWNERS OF AFFECTED PROPERTY FOR CITY PROJECT 222, COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS. SECOND by Oxborough. Ayes: Willcox, Oxborough, Klassen. Nays: Wippermann. Public Works Director Ron Wasmund presented for Council discussion approval of the plans and specifications for Country Hills 4th Addition street and utility improvements and recommended Council authorize advertisement of bids with a bid opening date on July 11, 1991, at 11:00 a.m. See Clerk's File 1991 -19. MOTION by Willcox to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 0222. SECOND by Oxborough. Ayes: Wippermann, Oxborough, Klassen, Willcox. Nays: 0. Director of Planning Lisa Freese presented for Council approval an amendment to the Country Hills Planned Unit Development (PUD) and approval of the Country Hills Fourth Addition Final Plat. Freese advised the changes in the PUD were prompted by the realignment of shannon Parkway and the development of Shannon Park Elementary School and Shannon Park. Freese reviewed the conditions recommended by the Planning Commission for approval of the final plat. See Clerk's File 1991 -19. MOTION by Oxborough to adopt A RESOLUTION GIVING APPROVAL TO ADDENDUM ii OF THE COUNTRY HILLS PLANNED UNIT DEVELOPMENT PLAN. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox. Nays: Wippermann. MOTION by Oxborough to adopt A RESOLUTION APPROVING COUNTRY HILLS FOURTH ADDITION FINAL PLAT. SECOND by Willcox. Ayes: Klassen, Willcox, Oxborough. Nays: Wippermann. By unanimous consent a short recess was called at 8:40 p.m. with the meeting continuing at 8:50 p.m. Council reviewed a letter of resignation from the fire department from Dan McMenomy. Fire Chief Scott Aker advised McMenomy has submitted this letter since he is unable to return to the fire department as an active member because of an injury he sustained in non -fire fighting activities. See Clerk's File 1991 -19. MOTION by Wippermann to accept Dan McMenomy's resignation from the fire department effective June 1, 1991. SECOND byu Klassen. Ayes: Willcox, Wippermann, Oxborough, Klassen. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 1991 Fire Chief Scott Aker discussed the action taken on May 28, 1991 by the Fire Department membership to recommend to the fire chief, city administration and city council that Larry Kane be granted a medical resignation /retirement from the fire department. Fire Chief Aker reviewed events which occurred between Larry Kane and the Fire Department membership since his injury in July, 1989 and how these events led to a decision by the membership to recommend he be granted a medical resignation /retirement. Fire Chief Aker further reviewed the four options the Fire Department membership agreed were available to Larry Kane, and their reasons for selecting Option #4. See Clerk's File 1991 -19. Larry Kane and his wife expressed their disappointment in the Fire Department not crediting him with 20 years of service even though he had only completed 19 years. Kane felt the present Fire Department rules and regulation should not apply to him since his injury occurred prior to their adoption by the Fire Department membership. Fire Chief Aker and City Administrator Jilk concurred Mr. Kane was treated very fairly in the interpretation of the new rules when adopted and that Mr. Kane was not penalized for years of service because of the new rules. The Council extended their appreciation to Larry Kane and his family for his years of service on the Fire Department. MOTION by Oxborough to grant Larry Kane a medical resignation /retirement from the Rosemount Fire Department effective June 1, 1991 according to Option #4 approved by the Fire Department membership. SECOND by Klassen. Ayes: Wippermann, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Jilk advised the airport search area task force of the Metropolitan Council will present a preliminary report on its findings of the Dakota County search area which was one of three areas selected as a potential location for a new international airport for the Twin Cities. The meeting will be held on June 25, 1991 at Hastings High School, beginning at 7:30 p .m. City Administrator Jilk informed Council there will be a public information meeting at Rosemount City Hall on Thursday, June 27, 1991, at 7:00 p.m. The Dakota County Public Health Department will discuss its findings and recommendation from respirator disease studies conducted by the Minnesota Department of Health in the Pine Bend Industrial area. See Clerk's File 1991 -19. Director of Planning Lisa Freese presented three proposed dates for discussion of the proposed revisions to the Comprehensive Guide Plan. Members of the City Council, Planning Commission, Utilities Commission and parks and Recreation Committee will be invited to attend. 5 MOTION by Wippermann to adjourn. SECOND by Willcox. Ayes: 4. Nays: 0. The meeting was adjourned at 9:30 p.m. Respectfully submitt d, ATTEST: tSph t Jilk, y Administrator 6 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 18, 1991 Susan M. Walsh, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING JUNE 24, 1991 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 24, 1991, at 6:30 P.M. in the Council Lounge at City Hall. Acting Mayor Wippermann called the meeting to order with council members Willcox and Klassen, and city staff, Stephan Jilk, City Administrator and Ron Wasmund, Director of Public Works present. Director of Public Works, Ron Wasmund explained the purchase of 8.3 acres from Isadore and Clarice Gergen through an Exchange Agreement in the amount of $78,850 for the development of Jaycee Park. This agreement would cause the City to exchange land purchase agreements for properties in Wisconsin and Wabasha County, Minnesota, for the 8.3 acres in Rosemount. As approved by IRS Code Section 1050 this process is allowed and relieves the Gergens of the tax liability, at this time, on the property transfer. Director Wasmund advised that the City Attorney has approved the action and reviewed the form of the agreement. This process relieves the City of all liabilities on the other properties. MOTION by Klassen to authorize staff to acquire 8.3 acres of land for Jaycee Park through execution of an Exchange Agreement with Isadore and Clarice Gergen and to authorize the City Administrator and City Attorney to execute this agreement for the City. SECOND by Willcox. Ayes: 3. Nays: 0. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 24, 1991 MOTION by Wippermann to adjourn the meeting. SECOND by Willcox. Ayes: 3. Nays: 0. Meeting adjourned at 6:55 P.M. Respect ully sub ed, Jilk, C Administrator Record' ng Secr ary ATTEST: Dennis Wipperman2, Acting Mayor 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 1991 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 2, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Acting Mayor Wippermann called the meeting to order with members Klassen and Oxborough present. Mayor Napper and Council Member Willcox were absent. Acting Mayor Wippermann led the group in the Pledge of Allegiance. The Agenda was amended to include Item 5(f) Weed Ordinance Information. Director of Public Works, Ron Wasmund introduced a new contract building inspector, Mike Fricke to the council. He has been hired on a contract basis. Mike has his Class I Building Official certification and completed an internship with the City of St. Paul. He is currently continuing his education at Inver Hills College. Roger Schanus, of Boeckermann, Heinen Mayer, presented a review of the audit of financial statements for 1990 for the City of Rosemount. He noted some suggested changes and Finance Director Jeff May replied that most items have already been addressed. See Clerk's File 1991 -21. Acting Mayor Wippermann suspended the regular agenda to allow for a public hearing scheduled at this time. Acting Mayor Wippermann opened the Public Hearing at 8:00 p.m. to consider Minnesota Industrial Containment Facility Comprehensive Guide Plan Amendment. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 1991 The City Administrator presented for the record the Affidavit of Publication and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991 21. Consultant Dean Johnson, Resource Strategies Corporation, reviewed the past history of USPCI's original request to the Planning Commission to redesignate the 236 acre site from Agricultural to General Industrial and establish a Metropolitan Urban Service Area. After careful consideration the Planning Commission at their June 25, 1991, meeting recommended the zoning change to be made to a Waste Management zoning. Johnson prepared a Waste Management Comprehensive Guide Plan that would accompany the City's Major Comprehensive Guide Plan Amendment application to Metropolitan Council. Metropolitan Council will require 90 days to review the amendments. See Clerk's File 1991 21. Klassen asked the proximity of the "Airport Search Area" to this site. Johnson explained that the southern lot line boarders the northern lines of the "Airport Search Area so it is not affected by any regulations involving the airport search. However, this type of land use for the Minnesota Industrial Containment Facility would be conducive to the airport committee's criteria. Audience input followed. Brenda Sugii, 13701 Courthouse Blvd., owns property next to the site being considered. She voiced her concern for her home value, well water purity and the ability to prevent leakage from the storage cells. Mike McDonough, a Rosemount resident, commented the home owners directly impacted by development need a device or committee for a sounding board to protect their investment. Greg Fox, lives two miles south of the site, and was concerned about the porous soil and its closeness to the river and also asked, "What benefit would the city see from this industry." Administrator Jilk discussed the economic development as adding to the businesses, employment opportunities, and a dollar amount of every ton that would be used to reinvest in the environmental and social aspects of Rosemount. This involvement with USPCI also allows for the City to set standards that must be adhered to which keeps the City informed and more in control of any changes. Mark DeBettignies, 2733 Upper 138th Street West, also commented on the assessed value of his property and homes in the area. Administrator Jilk commented that experts have provided information that the value will actually rise because the land value as commercial /industrial property increases. MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Wippermann, Oxborough, Klassen. Nays: 0. MOTION by Wippermann to refer to the Metropolitan Council the review of the amendments to the City of Rosemount Comprehensive Guide Plan that include the establishment of a Waste Management Land Use Plan, the land use redesignation from General Industrial and Agricultural to Waste Management for the 236 acre Minnesota Industrial Containment Facility Site and the establishment of a 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 1991 Metropolitan Urban Service Area for the Minnesota Industrial Containment Facility Site. SECOND by Klassen. Ayes: Oxborough, Klassen, Wippermann. Nays: 0. Police Chief Knutsen informed the Council of the up coming Rosemount -Koch Refining Disaster Exercise scheduled for Saturday, July 13, 1991, at 8:00 a.m. The training exercise will involve Rosemount fire personnel, police and police reserve officers, emergency medical personnel, Koch Fire Brigade and other State agencies. This is an effort to accumulate resources, awareness and communication in the event of a disaster such as a tornado, airplane crash, hazardous waste spill, or refinery fire. Knutsen thanked staff for all their involvement. Acting Mayor Wippermann commended all the Police and Fire personnel for their time and training to be prepared for any disaster the city may have to deal with. It was noted that the fire department has made arrangements for back up in case a real fire emergency occurred on Saturday. MOTION by Wippermann to approve the consent agenda with the amendments to the June 18, 1991, minutes. SECOND by Klassen. Ayes: Klassen, Wippermann, Oxborough. Nays: 0. See Clerk's File 1991 21. Director of Planning Lisa Freese, presented the Country Hills 4th Final Plat Development Agreement. MOTION by Oxborough to approve a Development Contract between the City and U.S. Homes for Country Hills Fourth Addition. SECOND by Klassen. Ayes: Wippermann, Oxborough, Klassen. Nays: 0. Director of Planning Freese reported that a driveway variance had been requested for Rosemount Hills 4th Addition developed by Ed Dunn. Director of Public Works Ron Wasmund had inspected the site and researched county regulations and data. The County had denied the dual access unless there would be a benefit to the city. Wasmund could not find any safety dangers and believed the property value would increase with individual driveways rather than a shared one. MOTION by Wippermann to support Mr. Dunn's request to have two driveway accesses off of County Road 38 and to direct staff to send a letter to the Dakota County Plat Committee requesting a variance. SECOND by Oxborough. Ayes: Oxborough, Klassen, Wippermann. Nays: 0. Director Freese reviewed the Dakota Trax Site Plan Appeal by developer Mike McDonough. Two letters from residents and a petition were submitted for record. See Clerk's File 1991 21. Mr. McDonough requested to delay action to the next council meeting, July 16, 1991. MOTION by Wippermann to table action on the Dakota Trax Site Plan Appeal to the July 16, 1991, City Council Meeting. SECOND by Klassen. I Let the record show Council Member Oxborough indicated he would approve the appeal when it is before the council again. Ayes: Klassen, Wippermann, Oxborough. Nays: 0. Director Freese presented the Bituminous Roadways Mineral Extraction Permit for Mr. Otto Ped's property. It called for the Zoning Ordinance to be amended to allow a Sand and Gravel Mining permit in Agricultural zoned property. See Clerk's File 1991 21 MOTION by Klassen to approve the Mineral Extraction permit for Bituminous Roadways subject to the conditions set forth. SECOND by Oxborough. Ayes: Wippermann, Oxborough, Klassen. Nays: 0. Administrator Jilk reviewed the Metropolitan Council's process to select a "Search Area" for the new Minneapolis /St. Paul Airport. He reported the results of a report of June 21 comparing 15 factors for three sites, one of which is partially in Rosemount. These factors showed the Dakota site the most favorable. July 9, at 1:30 p.m. a meeting will be held with Metropolitan Council Chairperson, Mary Anderson. Staff and key people from cities and township that will be affected will be attending. Jilk reviewed a resolution to be presented at that meeting. MOTION by Wippermann to adopt a resolution concerning the new Major Airport Search Area Designation and to send this to Mary Anderson, Metropolitan Council Chair, Dakota County legislators, and Jo Nunn, Airport Advisory Committee Chair. SECOND by Klassen. Ayes: Oxborough, Klassen, Wippermann. Nays: 0. Council Member Klassen related information from a meeting with Bonnie Harper from National Wildflower Research Project, 725 Spring Hill Road, Wayzata, MN 55391. Much information and networking could be done with their help in regard to the planning of Carroll's Woods and a prairie restoration project. Also help in technical support for the Weed Ordinance involving natural restorations such as prairie grass and wildflowers. Staff Directors Wasmund and Freese were also in attendance at that meeting. Administrator Jilk advised that an updated announcement /schedule of meetings will be mailed to all council. MOTION by Wippermann to adjourn the meeting. SECOND by Klassen. Ayes: 3. Nays: 0. The meeting was adjourned at 10 p.m. Respectfully submitted, tepha. Cit• dministrator Linda Jentin 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 2, 1991 Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 16, 1991 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 16, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The Agenda was amended to include the following items: Item 5(e) Housing Maintenance Ordinance Discussion; Item 7(e) Golf Course Discussion; and Item 7(f) Firearms /Hunting Ordinance. MOTION by Napper to approve the Consent Agenda subject to a minor correction to the Minutes of the July 2, 1991 Council Meeting. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -22. Director of Planning Lisa Freese reviewed the Amber Wood Estates Final Plat and Development Contract. Planning Director Freese noted the Final Plat includes a utility easement extending south from a cul -de -sac which conflicts with the preliminary Master Parks Plan which designates this corridor as a key link in the trail system. Parks Recreation Director David Bechtold advised that the Parks Recreation Committee recently discussed this issue and supports a utility easement rather than a trail or street easement. Bechtold informed Council that when the Parks Master Plan Committee had originally designated a trail at this location, the plat had showed a street easement rather than a utility easement. Public Works Director Ron Wasmund and Consulting Engineer Bud Osmundson discussed with Council the reasons for recommending rural street construction as opposed to curb and gutter. See Clerk's File 1991 -22. Mayor Napper suspended the regular agenda to allow for a public hearing sheduled at this time. Mayor Napper opened the public hearing to consider Koch Refinery, Zoning Ordinance Text Amendment Petition. The city clerk acknowledged publication of the Public Hearing Notice and presented the Affidavit of Posted Hearing Notice. See Clerk's File 1991 -22. Director of Planning Lisa Freese advised Koch Refining Sulfuric Acid Unit has petitioned the City to amend the Zoning Ordinance to permit a spent bauxite disposal facility as an interim use in the General Industrial (IG) Zoning District. The Planning Commission reviewed the proposed text amendment at its July 9, 1991 Regular Meeting and recommended that the City Council consider the concept of allowing a spent bauxite disposal facility as an accessory use through by means of an interim use permit. Planning Director Freese recommended that Council withhold action until City staff has had an opportunity to meet with Koch officials regarding the possible requirements of an interim use permit. Council discussion resulted in a general consensus of the Council that 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 16, 1991 staff discuss with Koch officials the possibility of transferring the spent bauxite to a facility in the City's Waste Management Zoning District. See Clerk's File 1991 -22. Members of the audience did not object or speak in favor of the petition to amend the Zoning Ordinance. MOTION by Wippermann to close the public hearing. SECOND by Oxborough. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Willcox to recommend that City staff enter into discussion with Koch Refining regarding the possible requirements of an interim use permit for a spent bauxite disposal facility and to discuss the feasibility of transferring the spent bauxite to a facility such as USPCI. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Willcox to table final action of the text amendment until Koch Refining and City discussions have occured. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Discussion continued on Amber Wood Estates Final Plat and Development Contract. Planning Director Lisa Freese informed Council the purpose of a 60 -foot drainage and utility easement extending from the cul -de- sac to the southerly plat boundary is to protect the corridor for a potential street connection in the future. Planning Director Freese noted the utility easement does not permit streets or trails, and future acquisition of properties would be required to secure the street easements. Discussion by Council followed with Council reaching a consensus a trail easement should not be included in the final plat. MOTION by Wippermann to approve the Development Contrauct for Amber Wood Estated and to adopt A RESOLUTION APPROVING AMBER WOOD ESTATES FINAL PLAT. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Discussion was held regarding an appeal received from Mike McDounough regarding the Planning Commission's denial of the Dakota Trax Site Plan for Phase I. Planning Director Lisa Freese advised the Planning Commission unanimously denied the Site Planning for Phase I because of inadequate information and further unanimously denied the zoning ordinance petition to to allow outdoor commercial reacreation in the C -2 Zoning District. See Clerk's File 1991 -22. A recommendation was made from Council to direct staff to evaluate whether funds are availale for the City to purchase the Sunrise Builder Supply property, at 14000 South Robert Trail. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 16, 1991 Another recommendation was made to rezone the property Commercial Park. Property owner Mike McDonough advised he did not object to Council tabling action on his appeal until further consideration is made by Council on the feasibility of purchasing his property. MOTION by Willcox to table action on the Mike McDonough /Dakota Trax Site Plan Appeal and to direct staff to determine if there are any funds available to purchase the Sunrise Building Supply property. SECOND by Napper. Ayes: Willcox, Wippermann, Napepr, Oxborough, Klassen. By unanimous consent, a ten minutes recess was called at 9:00 p.m. Public Works Director Ron Wasmund answered questions from the City Council regarding the proposed Storm Water Utility Planand reviewed the public informational meeted held by the Utilities Commission on July 8, 1991. Following Council discussion, Council reached a general consensus for support of the concept of the storm water utility; but requested staff to re- evaluate the proposed charges, particuarly in the rural areas, and bring back to Council for further discussion at a future meeting. See Clerk's File 1991 -22. Public Works Director Ron Wasmund presented the bids received on July 11, 1991 for Improvements Project #222, Country Hills Fourth Addition. Wasmund recommended that Council consider awarding the bid to the lowest responsible bidder, Ryan Construction of Lakeville, in the amouant of $194,377.25. See Clerk's File 1991- 22. MOTION by Napper to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVMENTS, CITY PROJECT f222. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: Wippermann. Council Member Klassen requested an update on the status of the City staff canvassing housing maintenance complaints. Director of Planning Lisa Freese presented to Council a recent inventory taken by the Police Department. Between the period of June 13, 1991 and June 26, 1991, the Police Department identified 77 properties that had problems. These identified properties had the following problems: 20 weed problems, 38 housing and maintenance problems, 45 junk problems, 4 apparent vacant properties and 2 other code- type violations. Freese advised the junk violations and weed ordinance violations will be addressed through the authority of the Zoning Ordinance and City Code respecitively. The Planning Department is in the process gathering more information on the housing maintenance problems and will present this issue and the apparent vacanct property issue to Council in approximately a month's time. City Administrator Stephan Jilk requested Council authorization to hire OSM Associates for assisting the City in the review and permitting of the proposed Koch Spent Bauxite Facility. Administrator Jilk reviewed the proposal received from OSM and 3 i 1 22. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 16, 1991 informed Council the costs of their services would be paid to the City by Koch Refining. See Clerk's File 1991 -22. MOTION by Willcox to approve the hiring of OSM Associates to provide environmental engineering services in the review and permitting process for the proposed Spent Bauxite Facxility at Koch Refining. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Public Works Director Ron Wasmund requested Council authorization to go out for bids for replacement of the roofing materials on the fire hall and to include two alternates providing options to re -roof well house #3 and well house #6. See Clerk's File 1991- MOTION by Napper to authorize staff to proceed with obtaining bids for replacement of the fire hall roof and to present bids to Council prior to award of contract. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Council concurred to pull Item 7(d) Receive Petition for Surfacing Dodd Road from the Agenda. City Administrator Stephan Jilk presented a list of several specific projects that are in the process of being reviewed or in the proposal state which require extensive staff or consultant work. Following a review of these projects, Council reached a consensus to allow the City staff to present recommendations for meeting the needs of these projects through consultants and full time staff and to present the funding and proposed timeframes. See Clerk's File 1991 -22. Council Member Willcox introduced discussion on complaints received from a resident in Rosemount Woods with regards to golf balls from Brockway Golf Club causing property damage and unsafe living conditions. Council concurred staff should discuss this issue with the owners of Brockway Golf Club, and the City Attorney should determine if the City Ordinances addresses this problem. Council Member Klassen recommended that Council consider revising the City Code pertaining to firearms for the purpose of restricting the shooting of firearms and hunting in certain areas of the City. Council requested the City Attorney to research statuatory regulations and a similiar ordinance recently adopted by the City of Lakeville. Council Member Klassen and City Administrator Jilk provided an update on the meeting of several Dakota County communities with Chairperson Mary Anderson of the Metropolitan Council held on July 9, 1991. The purpose of the meeting was to allow community representatives to express their concerns of the airport search process. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 16, 1991 Administrator Jilk reviewed the future scheduled of events regarding the airport search area process and advised the Task Force will announce its recommendations for a sinle search area on August 16, 1991. See Clerk's File 1991 -22. Administrator Jilk announced the Association of Metropolitan Municipalities (AMM) will hold its annual Outreach Breakfast on July 24, 1991, at 7:30 a.m. in Burnsville. See Clerk's File 1991- 22. Administrator Jilk reviewed a new release from the MPCA of a public meeting on July 24, 1991, at 7:30 p.m., at Rosemount City Hall, for the purpose of receiving comment on the cleanup plan of a gasoline spill at Koch Refining. See Clerk's File 1991 -22. Administrator Jilk advised the Council will be contacted regarding a tour of one of Recomp, Inc.'s facilities. Administrator Jilk briefly updated Council on a meeting with Dakota County officials regarding the Resource Recovery Project. Jilk advised the MPCA has announcied they will hold a meeting for additional public comment on July 22, 1991. MOTION by Mapper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. Vernon J. Napper, Mayor 5 Respectfu,11 subm•tted, is Susan M. h, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 30, 1991 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 30, 1991, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Willcox, Wippermann and Oxborough present. Councilmember Klassen was absent. Also present were Utilities Commissioners Tom Werner, Shawn Mulhern and Joe Walsh; Parks Recreation Committee Members Jerry Puciaty, Larry Walsh, John Howard, and Del Lorentzson; and Planning Commissioners John Edwards, Cathy Busho, Kurt Gundacker and Al Meyer. Mayor Napper amended the Agenda to include approval of Temporary On -Sale Beer License for Rosemount Jaycees on August 3, 1991 and August 4, 1991. See Clerk's File 1991 -23. MOTION by Willcox to approve the Temporary On -Sale Beer License for Rosemount Jaycees. SECOND by Napper. Ayes: Willcox, Wippermann, Oxborough, Napper. Nays: 0. Mayor Napper announced the purpose of the special meeting was to conduct a joint meeting with the City Council and other City Commissions and Committees to discussion revisions to the Comprehensive Guide Plan. The City's consultant for this project, Fred Hoisington, reviewed a proposed land use concept plan and noted the proposed changes of land uses from the present Comprehensive Guide Plan. Consultant Hoisington also discussed the issues relating to these changes and reasons for proposing such changes in the revised Comprehensive Guide Plan. Some of the issues discussed at the meeting were transportation, the realignment of Highway 3, agricultural district, waste management district, general industry, multi family housing and rural residential. From this discussion, comments were received from those in attendance. Consultant Hoisington and city staff will review this input and address these issues further at the August 7, 1991 Special Council meeting. It was suggested that a mission statement be developed. Planning Director Lisa Freese felt the goals established in conjunction with revising the Comprehensive Guide Plan could be utilized as the basis for a mission statement. Planning Director Freese will review this further. MOTION by Willcox to adjourn. SECOND by Napper. Ayes: 4. Nays: 0. A y` Vernon J. Napper, Mayor Respe f ly sub fitted, Su an M. alsh, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 6, 1991 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 6, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Acting Mayor Wippermann called the meeting to order with Councilmembers Willcox, Oxborough and Klassen present. Mayor Napper was absent. Acting Mayor Wippermann led the group in the Pledge of Allegiance. The agenda was amended to include Item 6(f) House by APCO Station and Item 8(b) Recomp Tour. Director of Planning Lisa Freese provided an update on the meeting City staff held with Koch Refining officials with regards to the interim use permit requirements to allow Koch Refining to have a Spent Bauxite Disposal Facility in the General Industrial zoning district as an accessory use. Freese informed Council the areas of discussion included financial assurances, host community fees and the possibility of Koch Refining doing a feasibility study on the potential reuse of the spent bauxite materials. See Clerk's File 1991 -24. Consent Agenda Item 4(h) Approve Payment for Engineering Services Jaycee Park Phase II and Item 4(i) Approve Plans Specs /Authorize Ad for Bids Jaycee Park Phase II were moved for discussion under Old Business, Item 5(b). MOTION by Wippermann to approve the Consent Agenda subject to the removal of Items 4(h) and 4(i). SECOND by Oxborough. Ayes: Willcox, Wippermann, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -24. Administrator Stephan Jilk recommended that City Council approve an appraisal of the Sunrise Builder property, located at 14000 South Robert Trail. Administrator Jilk advised his preliminary discussions with the owner, Mike McDonough, has shown that there is disagreement as to what the property is worth. A concern was expressed from Council that an appraisal may be premature at this point in time. See Clerk's File 1991 -24. MOTION by Willcox to have staff secure an appraisal on the Sunrise Builder property. SECOND by Oxborough. Ayes: Wippermann, Oxborough, Willcox. Nays: Klassen. At the request of Councilmember Klassen, Parks Recreation Director Dave Bechtold summarized the Jaycee Park Neighborhood Meeting held on July 29, 1991. Director Bechtold advised that those in attendance at the meeting indicated they wanted to help design the playground equipment. Councilmember Klassen requested that an emphasis be placed on the installation of the playground equipment next spring. 1 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 6, 1991 Engineering Consultant Bud Osmundson of OSM presented the grading plans for Jaycee Park Phase II. Osmundson estimated the playground equipment could be installed as early as next spring. MOTION by Wippermann to allow the Parks Recreation Department to spend funds for engineering services by OSM from account 205- 49005 -01 -303. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1991 -24. MOTION by Wippermann to approve the Plans and Specifications and authorized advertisement for bids for Jaycee Park Phase II Grading, Project 919. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Oxborough. Nays: 0. City Clerk Susan Walsh presented for Council consideration an application for a residential kennel permit submitted by Greg Bakker, 3418 131st Street West. City Clerk Walsh briefly commented on Building Inspector Heimkes' inspection of the kennels, letters of consent from the applicant's abutting neighbors, a letter of complaint, a log of barking dog complaints completed by the City's animal warden, a barking dog complaint reported on July 30, 1991 and a list of recommendations from Animal Warden Greg Goldsworthy. See Clerk's File 1991 -24. Animal Warden Greg Goldsworthy commented on the cleanliness of the applicant's kennels and the good care and upkeep of the dogs. The animal warden also reviewed the complaints he has responded to over the past three years and his conditions for approval of the kennel permit. Animal Warden Goldsworthy recommended a three -sided sound barrier to help eliminate complaints against the applicant's dogs. Ed Dunn, 3304 131st Street West, expressed concerns that a sound barrier would not eliminate the noise problem and recommended that Bakker enclose his dogs at night. Applicant Greg Bakker agreed to install a three -sided sound barrier and informed Council he would continue working with his dogs to control their barking. Following discussion, a general consensus was reached by Council that they wanted Mr. Bakker to keep his four dogs but felt that Mr. Bakker would have to keep his dogs quiet. MOTION by Klassen to issue Greg Bakker a temporary residential kennel permit based upon the four items recommended in Animal Warden Greg Goldsworthy's memorandum dated July 31, 1991. SECOND by Willcox. Ayes: Willcox, Wippermann, Oxborough, Klassen. Nays: 0. By unanimous consent of the Council a ten minute recess was called with the meeting continuing at 9:00 p.m. Assistant City Administrator Susan VanderHeyden presented for Council adoption a resolution calling for a public hearing. The ROSEMOUNT CITY PROCEEDINGS REGULAR METING AUGUST 6, 1991 purpose of the public hearing is to consider the establishment of a port authority in the City. VanderHeyden recommended the public hearing be held on September 3, 1991, at 8:00 p.m. Assistant City Administrator VanderHeyden noted the Economic Development Authority Board reviewed the enabling resolution to be considered at the public hearing and recommended it be changed to include that two of the members of the port authority, at a minimum, be members of the council. See Clerk's File 1991 -24. MOTION by Wippermann to adopt A RESOLUTION SETTING A PUBLIC HEARING ON THE ESTABLISHMENT OF A PORT AUTHORITY. SECOND by Klassen. Ayes: Wippermann, Oxborough, Klassen, Willcox. Nays: 0. Discussion was held regarding a letter sent to the editor of the Rosemount Town Pages from Karen Schuller, a resident of Rosemount and staff member at the U of M Agricultural Experiment Station. Her letter was published on July 27, 1991 in the Rosemount Town Pages. Councilmember Willcox stated he felt it was necessary for him to extend a public apology to Karen Schuller and to let the public know that condemnation of land would be the last course of action taken by the City. Councilmember Willcox noted he was not present at the special Council meeting Karen Schuller referred to in her letter to the editor and that his feelings that a public apology is necessary are based solely on the newspaper article and Karen Schuller's letter. Acting Mayor Wippermann stated he did not share the feelings that the newspaper article portrayed. Wippermann further stated there was no insensitivity displayed at the July 16, 1991 special council meeting, and he has never recalled members of the council or city staff making negative comments against the Agricultural Experiment Station. City Administrator Jilk felt part of the discussion that took place at the July 16, 1991 special council meeting was misrepresented in the July 20, 1991 article in the Rosemount Town Pages and at no time over the past years has land use authority discussion included any of the Agricultural Experiment Station. City Administrator Jilk added the City Council and City Staff have worked long and hard to establish communications with the University, and the misrepresentation and misquotations in the newspaper have probably set back the spirit of cooperation between the City and University several years. See Clerk's File 1991 -24. City Clerk Susan Walsh presented for Council consideration a proposal from Dakota County Auditor Norma Marsh to send out parcel- specific notices rather than generic notices for the City's budget hearing. City Clerk Walsh advised Dakota County is not required to send out parcel- specific notices until the fall of 1992. The parcel specific notices would specifically tell property owners what their 1992 property taxes will be if the proposed levies of the county, school district and city are adopted. See Clerk's File 1991 -24. MOTION by Oxborough to support the mailing of parcel- specific notices for the city's public hearing to adopt the 1992 budgets. 3 SECOND by Wippermann. Ayes: Oxborough, Rlassen, Willcox, Wippermann. Nays: 0. City Administrator Jilk advised the Armory Committee has put together a series of tours of facilities that are comparable to the community facilities to be built as part of the armory. The first tour is August 7, 1991 at Apple Valley High School Theatre. Minnesota National Guard officials are optimistic the funding will be approved at this year's congressional session. See Clerk's File 1991 -24. Public Works Director Ron Wasmund reviewed the options available to provide water, sanitary sewer and storm sewer to the armory site. Wasmund advised the Utilities Commission reviewed this information at its August 5, 1991 regular meeting. Wasmund advised city staff has recommended the Utilities Commission authorize funding of the feasibility studies and participate in the cost of installation of the utilities to the armory site. This item will be brought back to Council upon further review by the Utilities Commission. See Clerk's File 1991 -24. Councilmember Oxborough requested that staff investigate the unsafe conditions at a vacant house located just west of the APCO station on Lower 147th Street. City Administrator Jilk advised City staff will look into all of the concerns addressed by Councilmember Oxborough. City Administrator Jilk reminded Council that on August 16, 1991, the Airport Search Committee will announce its final search area selection. See Clerk's File 1991 -24. City Administrator Jilk requested that Council indicate to staff whether or not they will be able to attend any of the proposed tours of facilities owned and operated by Recomp, Inc. MOTION by Wippermann to adjourn. SECOND by Willcox. Ayes: 4. Nays: 0. ATTEST: ph Jilk, y Administrator 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 6, 1991 Respectfully submit 1/, Susan M. Walsh, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 7, 1991 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 7, 1991, at 6:30 p.m. in the Council Chambers at City Hall. Acting Mayor Wippermann called the meeting to order with Councilmembers Willcox and Klassen present. Mayor Napper and Councilmember Oxborough were absent. Also in attendance were Planning Commission Members Al Meyer, Sheila Hathaway, John Edwards, Kathy Busho, Kurt Gundacker and Utilities Commission Members Tom Werner and Shawn Mulhern. Staff Members Ron Wasmund, Steve Jilk, David Bechtold and Cindy Carlson were present. Also present were Consultant Fred Hoisington of Hoisington Group, Inc. and Consultant Dean Johnson of Resource Strategies, Inc. Acting Mayor Wippermann advised the purpose of the meeting was to discuss with members of the Planning Commission, Parks and Recreation Committee and Utilities Commission the policy formulation for the Comprehensive Guide Plan update. The first item for discussion was the USPCI land use designation issue. City staff advised it was expected USPCI would receive approval from the Metropolitan Council for its Comprehensive Guide Plan Amendment on August 8, 1991. Discussion was held on the concept of designating one waste management area in the City or two. Discussion also ensued on whether the waste management designation should be restricted to the University of Minnesota property or to the University of Minnesota property and the Pine Bend area. City staff anticipated the Planning Commission would review and make recommendations to the City Council on USPCI's application for amendments to the Comprehensive Guide Plan on September 3, 1991. Discussion on policy for multi family housing included issues on how many units there should be and should multi family housing be dispersed throughout the city or concentrated. Discussion was also held on whether rental units and non rental townhomes should be considered in the number for multi- family housing. A concern was raised that the policy could become too exclusive for certain types of multi family housing. It was also felt the policy could draw the type of development the City would want without pre zoning property for multi family housing. Development along railroad corridors was discussed. Rural residential development was discussed. More specifically, the concern to maintain a certain area of the northern tier of the City in large lot development to protect certain amenities in that area was addressed. Large lots, clustering and conservancy districts were discussed as methods of accomplishing this. A consensus was reached to decide what this group is trying to accomplish with rural residential zoning; and at the next meeting goals in this area will be clarified. 1 By unanimous consent the Council went into a closed session at 10:20 p.m. to discuss potential litigation on the USPCI project. By unanimous consent the Council reconvened the open session of the special council meeting at 10:30 p.m. MOTION by Wippermann to adjourn. SECOND by Willcox. Ayes: 3. Nays: 0. ATTEST: Dennis Wipperman Acting Mayor 2 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 7, 1991 Respectfully submitted, LAile/ 4( Stepan Jil inistrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 1991 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 20, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(e) Haunted Woods Event. MOTION by Napper to approve the Consent Agenda as presented. SECOND by Wippermann. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -26. Public Works Director Ron Wasmund requested that Council consider the need and approve the funding for engineering studies to determine the feasibility and costs to provide water and sanitary sewer utilities to the Armory site. The Utilities Commission approved the funds for 80 percent of the costs, and the Armory project would be responsible for the remaining 20 percent or $2,920. See Clerk's File 1991 -26. MOTION by Wippermann to approve the completion of the feasibility studies and cost estimates for the completion of water and sanitary sewer utilities to the Armory site and to authorize the ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 1991 payment of a portion of these costs out of the Armory Fund not to exceed $2,920. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Jilk discussed the selection of the Dakota Search Area as the location for a possible replacement airport of Minneapolis -St. Paul International Airport as recommended by the New Major Search Area Advisory Task Force on August 16, 1991. City Administrator Jilk emphasized the importance of the City of Rosemount looking out for its own interests. The administrator felt the best representative for the City of Rosemount in future months and years is the City itself. The City Council reviewed a draft resolution which stated some of the major flaws that have occurred in the process to date. The resolution further declared the City's opposition to the two -track process and cited the necessity of the City of Rosemount taking a leading role in representing itself and working with other affected communities in determining the process, along with the Metropolitan Council and Metropolitan Airports Commission, for selecting the final location for the airport. A recommendation was made from Council to include a statement that the process for determining whether or not to expand the future Minneapolis -St. Paul International Airport should be completed with a 24 -month period. Following discussion of this recommendation, Council reached a general consensus to include such a statement. See Clerk's File 1991 -26. MOTION by Willcox to adopt A RESOLUTION SETTING A POSITION REGARDING THE SELECTION OF THE "DAKOTA SEARCH AREA" AND THE TWO TRACK PROCESS FOR AIRPORT PLANNING IN THE STATE OF MINNESOTA with the inclusion of a statement for shortening the process. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. By unanimous consent a five minute recess was held with the meeting continuing at 8:00 p.m. Mayor Napper opened the public hearing scheduled at this time to consider the proposed assessments for Pine Bend Trail Street Reconstruction, City Project No. 199. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991 -26. Public Works Director Ron Wasmund provided a brief overview of the project advising the project is located along Pine Bend Trail from Highway 55 to approximately 1.5 miles east to the Chicago Northwestern Railroad crossing. Wasmund advised the project is to be assessed 100% to the property, and the total cost of the project was $243,303.09. Wasmund proposed distributing the cost over 17 parcels on a lineal front footage basis. See Clerk's File 1991 -26. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 1991 Legal counsel for DPC Industries, Inc. presented for the record a written objection to the proposed assessment. See Clerk's File 1991 -26. Richard Burger, 13729 Pine Bend Trail, objected to the proposed assessments against two of his parcels, 34- 01900 010 -07 and 34- 02000- 010 -28. The property owner advised both parcels are unaccessible from Pine Bend Trail and received no benefit from the project. See Clerk's File 1991 -26. MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes: 5. Nays: 0. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Napper to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL FOR PINE BEND TRAIL STREET RECONSTRUCTION IMPROVEMENTS OF 1990, PROJECT NO. 199. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Mayor Napper opened the public hearing to consider a request to rezone property located at 3315 144th Street West from R -1 Single Family to PUB Public. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991 -26. Director of Planning Lisa Freese advised that St. John's Lutheran Church has petitioned the City to rezone the church's parsonage from Single Family to Public since the church has proposed to convert the pastor's residence into a parish house to be used for activities such as Sunday school classes, small group meetings, counseling, adult education and other church activities. Planning Director Freese advised the Planning Commission reviewed this rezoning request at its August 13, 1991 regular meeting and recommended denial of the petition. Doug Johnson, president of St. John's Lutheran Church, requested the City Council to continue discussion on the church's rezoning petition for 60 days. Mr. Johnson advised the church's council wants to present the proposal of converting the parsonage to the church membership before action is taken by the City Council on the petition to rezone. Mr. Johnson informed Council that in the event the City Council would consider the rezoning petition in the future, he preferred that new notices be mailed and published; and the church would pay for the publication costs and mailing costs for the public hearing notice. Leland Knutson, 3310 144th Street West, and Ross Ryan, 3320 144th Street West, presented their reasons for objecting to the rezoning petition. MOTION by Napper to close the public hearing. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 1991 Director of Planning Lisa Freese presented for Council consideration Rosemount Hills Fourth Addition Final Plat which consists of a 15.85 -acre parcel into three lots with a gross density of 4.42 acres after removing the highway easement. Freese advised that subject to certain conditions, the County Plat Commission approved a requested variance from the City that two lots have separate accesses to County Road 38. The Planning Commission recommended approval of the final plat subject to conditions; one of which required a cash contribution from the developer in lieu of an assessment for County Road 38 construction project. See Clerk's File 1991 -26. Developer Ed Dunn objected to being charged for the additional assessment stating he felt this matter was closed and there is no additional benefit to the property since the project was completed prior to the division of the property. Council discussed the developer's objection and agreed he should be charged for the additional unit. Mr. Dunn was informed that in the past the City has refunded assessment charges for the County Road 38 project because the land was subsequently subdivided into fewer lots than the number of units the City assessed the property owner for. MOTION by Klassen to adopt A RESOLUTION APPROVING ROSEMOUNT HILLS FOURTH ADDITION FINAL PLAT subject to conditions. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Council discussed the special project staffing proposal for several special projects currently coming to review and permitting status by the City. Administrator Stephan Jilk recommended hiring the firm of Resource Strategies Corporation to assist city staff on the USPCI, Dakota County Waste to Energy facility and Koch Refining Bauxite projects. Jilk noted these firms have previously indicated the costs for consulting services would be reimbursed to the City and provided Council with a copy of a resolution adopted by the Dakota County Board of Commissioner confirming the County's commitment to reimburse the City for the waste -to- energy facility. See Clerk's File 1991 -26. A question was raised from the Council as to why the City shouldn't advertise request for proposals for these services on these projects. City Administrator Jilk felt Consultant Dean Johnson's experience with the City and with the resource recovery project would be the most cost efficient and time efficient for the City. A recommendation was made that the City Administrator consider request for proposals for larger projects. MOTION by Klassen to approve the use of Resource Strategies Corporation for planning support to city staff for the USPCI, Dakota County WTE and Koch Refining Bauxite projects. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: Willcox. Councilmember Klassen requested Council consider the approval of the use of Carroll's Woods for the Haunted Woods. Council 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 1991 unanimously concurred Carroll's Woods is the appropriate place to hold the Haunted Woods event and further agreed it should be held there in future years. MOTION by Napper to support the use of Carroll's Woods for 1991 and in the future. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Police Chief Elliel Knutsen informed Council of Independent School District 196 Board approving a parking fee of $25 per trimester for students to park in the Rosemount High School student parking lot. Chief Knutsen expressed concerns this action would cause an increase of students parking on 143rd Street, Upper 143rd Street and 144th Street on the east and west sides of Chili Avenue. Chief Knutsen reported on the results of a letter sent to homeowners in the area. Their responses indicated the majority of homeowners were in support of restricting parking on these streets between the hours of 10:00 A.M. and 1:00 p.m. subject to receiving a permit for their use during the restricted hours. Public Works Director Ron Wasmund advised the estimated cost of $2,500 for signs and permits would cause an overage of the amount budgeted for signs. Following discussion, Council reached a consensus the parking situation should be monitored before going forward with restricted parking. Council further agreed the school district should be asked to participate in the costs for installing the signs and the printing of the parking permits if needed. See Clerk's File 1991 -26. MOTION by Willcox to monitor the situation and in the interim approach the school district to see if it is willing to pay for the costs if necessary. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Director of Planning Lisa Freese presented for Council consideration an Addendum to the Rosemount Woods Mobile Home Court Planned Unit Development. Freese advised this addendum would change existing 10' rear yard set back to a 5' rear yard set back when an 16' by 80' manufactured home is installed in the park. Freese noted the proposed addendum would restrict the placement of 16' by 80' homes on adjoining back to back lots if installed. The Planning Commission recommended approval at its August 13, 1991 regular meeting. Freese advised the Zoning Ordinance does not require written notice to the mobile park residents, but Councilmember Wippermann advised he would vote against approving the addendum since the residents were not contacted. See Clerk's File 1991 -26. MOTION by Willcox to adopt A RESOLUTION GIVING APPROVAL TO ADDENDUM I OF THE ROSEMOUNT WOODS PLANNED UNIT DEVELOPMENT PLAN. SECOND by Oxborough. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: Wippermann. City Administrator Jilk reviewed his memorandum dated August 15, 1991 which provided an overview of the budget process staff went 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 20, 1991 through this year in preparing the 1992 budgets, how to deal with further state aid cuts, the lower revenue amounts because of a previous error calculation and how to increase the general fund balance over the next few years. Administrator Jilk requested Council input and questions before the Special Council meeting scheduled for August 26, 1991. Council briefly discussed the proposed budgets. See Clerk's File 1991 -26. MOTION by Wippermann to approve the attendance of council members and the city administrator to the National League of Cities Conference in Las Vegas in December, 1991. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0 ATTEST: St4 V‘des'° ilk, Ci Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 27, 1991 6 1 Respectfully submitted, alsh, City Clerk 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 27, 1991, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Willcox, Wippermann, Oxborough and Klassen present. Also present were Planning Commissioners Cathy Busho, John Edwards, Sheila Hathaway, Al Meyer; Utilities Commissioners Tom Werner and Shawn Mulhern; Parks and Recreation Committee Member Jerry Puciaty; Staff members David Bechtold, Lisa Freese, Ron Wasmund, Steve Jilk, Cindy Carlson; Consultant Fred Hoisington and Consultant Dean Johnson; and City Attorney Eric Short. Mayor Napper advised the purpose of the joint meeting with City Council, Planning Commission, Utilities Commission, Parks Recreation Committee and Economic Development Authority was to discuss policy formulation for the Comprehensive Guide Plan update. The first item of discussion was the rural residential development goals and more specifically the areas north of 145th Street and West of Highway 3. There was a consensus that city staff will meet with owners of undeveloped property in that area to discuss alternative methods of development and that a committee with representatives of the City Council, Planning Commission and city staff would work up ideas for alternatives to development in this area. The next item for discussion was the need for potentially realigning Highway 3 east of its present location because of increased traffic and to save the downtown. Concerns were raised as to why such a realignment should occur. A consensus was reached that planning should take place so that if the need does occur, the City is prepared. Commercial development was discussed and more specifically what should be allowed to occur and where in relation to the existing downtown. Consultant Fred Hoisington stressed the need to allow development outside of the present downtown; that is, on County Road 42 east or west of Highway 3, only if it is contiguous development. Fred Hoisington also stressed that the City needs to control this growth; and the Comprehensive Guide Plan, as presented, allows that. By unanimous consent a 20 minute recess was taken at 8:25 p.m. Waste management districts were discussed and more specifically as to whether two districts should be allowed one in Pine Bend and one on University of Minnesota property. Consensus was reached that two are acceptable, but the one on the University of Minnesota property should be more minimized to consider initially the Dakota County Waste -to- Energy Plant and then to expand as the City considers individual projects. Industrial development on the east side of Rosemount was discussed and more specifically the amount of land needed and the extension of utilities to these areas. Discussion was held on the next meeting date. MOTION by Napper to call for a special Council Meeting on Tuesday, September 10, 1991, at 6:30 p.m. to continue discussion on these policy issues. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 27, 1991 Respec fully su• 'tted 2 Ste v an Jilk City Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 27, 1991 ATTEST: Vernon J. Na pp r, Mayor ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 3, 1991 3 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 3, 1991, at 7 :30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Wippermann, Oxborough and Klassen present. Councilmember Willcox was absent. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended as follows: Item 5(d) was pulled from the agenda. Item 9(a) D.A.R.E. Proclamation was added to the agenda. MOTION by Napper to approve the Consent Agenda as presented. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -29. Director of Planning Lisa Freese reviewed a lot division request of a 55 acre parcel of land abutting Highway 52 between County Road 38 and County Highway 42. Property owner Ed Dunn requested a 10 acre tract of land located in the northwest corner be divided from this parcel. Freese reviewed the survey for the lot division which included a 60 foot easement for access off of County Road 38 and continuing through the remnant parcel to County Highway 42. Freese recommended the easement on the survey be revised to omit the easement south of the 10 acre parcel at this time. The Planning Commission reviewed and recommended approval of the lot division subject to four conditions at its August 27, 1991 regular meeting. See Clerk's File 1991 -29. MOTION by Wippermann to adopt A RESOLUTION FOR A METES AND BOUNDS LOT DIVISION subject to a revised survey. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: 0. Parks Recreation Director David Bechtold presented the tabulated bids for Jaycee Park Phase II Grading and recommended approval to the lowest responsible bidder, Ryan Construction of Lakeville. Engineer Consultant Bud Osmundson of OSM reviewed the grading plan for the park and answered questions regarding completion dates and installation of playground equipment. See Clerk's File 1991 -29. 1 MOTION by Klassen Jaycee Park Phase #223, to Ryan Cons Wippermann. Ayes: Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 3, 1991 to accept the bids and award the contract for II Grading, Park Project 91 -9, City Project truction in the amount of $37,500. SECOND by Oxborough, Klassen, Wippermann, Napper. Councilmember Klassen presented for Council consideration a revised bus route of Route 46 which serves Rosemount residents. Councilmember Klassen, who serves as a member of the Minnesota Valley Transit Authority (MVTA), advised high subsidy costs caused the MVTA board members to revise Route 46. Councilmember Klassen stated the new route will hopefully increase ridership, decrease the subsidy and expand service and flexibility of schedules. See Clerk's File 1991 -29. MOTION by Napper to approve revised Route 46 as recommended by the MVTA. SECOND by Oxborough. Ayes: Klassen, Wippermann, Napper, Oxborough. Nays: 0. Public Works Director Ron Wasmund requested Council authorization to hire an additional contract building inspector who would be primarily assigned to do inspections and plan reviews of the Koch Refining Company office /laboratory expansion project. Wasmund advised a portion of the revenue received from the building permit and plan review fees will fund this additional inspection help. See Clerk's File 1991 -29. MOTION by Oxborough to authorize staff to advertise and hire additional contract building inspector according to the approved job description with a starting date to coincide with Koch's project start. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. Mayor Napper opened the public hearing scheduled at this time to consider the establishment of a port authority. The city clerk acknowledged publication and posting of the public hearing notice. See Clerk's File 1991 -29. Assistant City Administrator Sue VanderHeyden summarized the enabling resolution establishing a port authority. Her summary included comments on the powers of the port authority, the purpose, the governing body, staff involvement, and levy authority. VanderHeyden advised the port authority would consist of seven members with a minimum of two of the members being city council representatives. See Clerk's File 1991 -29. There were no comments or questions received from the audience. MOTION by Napper to close the public hearing. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 3, 1991 MOTION by Wippermann to adopt A RESOLUTION ESTABLISHING THE ROSEMOUNT PORT AUTHORITY, A DEVELOPMENT AGENCY. SECOND by Klassen. Ayes: Oxborough, Klassen, Wippermann, Napper. Nays: 0. Mayor Napper opened the public hearing to consider the L.H. Sowles Company petition for an amendment to the Zoning Ordinance, causing a rezoning from AG Agriculture to IG General Industrial. The city clerk acknowledged publication, posting and mailing of the public notice. See Clerk's File 1991 -29. Director of Planning Lisa Freese advised the petitioner, L.H. Sowles, has a purchase agreement with property owner Ed Dunn for a ten acre parcel located along County Road 38 to the west of Trunk Highway 52. L. H. Sowles Company proposes to use the property as a storage yard for tower cranes; and at this time, no utilities are required for this use of the property. Freese advised the Metropolitan Council approved the Guide Plan Amendment, and the Planning Commission recommended approval of the rezoning at its August 27, 1991 regular meeting. Marlin Rechtzigel, 14727 Clayton Avenue East, objected to paying for water and sewer services if development of the property required such utilities. Petitioner Daniel Sowles informed Council he would not request utilities until the City Council deemed installation was feasible. Mayor Napper also commented that the City is not interested in installing utilities in this area at this time. MOTION by Klassen to adopt ORDINANCE NO. B -13, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Wippermann. Ayes: Klassen, Wippermann, Napper, Oxborough. Nays: 0. Director of Planning Lisa Freese presented for Council adoption a resolution amending the Comprehensive Guide Plan for the 236 acre Minnesota Industrial Containment Facility (MICF) in the Pine Bend area of eastern Rosemount. A public hearing regarding the amendment was held on July 3, 1991 with Council tabling action until the Amendment was reviewed by the Metropolitan Council. Director of Planning Freese advised the Metropolitan Council approved the Amendment at its August 8, 1991 meeting and requested the City also amend its Comprehensive Sewer Plan to reflect the additional sewage flows and revise the map to show the MUSA boundary. See Clerk's File 1991 -29. MOTION by Oxborough to adopt A RESOLUTION AMENDING THE COMPREHENSIVE GUIDE PLAN FOR THE CITY OF ROSEMOUNT. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. Discussion was held regarding the public hearing on September 5, 1991 the Metropolitan Council will conduct at Rosemount High School to gather input on the proposed selection of the Dakota 3 Search Area for airport planning purposes. Mayor Napper advised Representative Dennis Ozment requested the City of Rosemount's formal statement at the hearing include the items of no land banking, the Metropolitan Council not be the central authority for land issues and the need to speed up the process. Council discussed these items and concurred Resolution 1991 -47, adopted on August 20, 1991, included these items except for land- banking issue. Council concurred land- banking could cause property to removed from local tax rolls and could cause loss of local control by city councils and township boards. By unanimous consent, the Council agreed to include in Resolution 1991 -47 that land- banking not occur. See Clerk's File 1991 -29. Mayor Napper presented a written proclamation and declared September 12, 1991 Rosemount D.A.R.E. (Drug Abuse Resistance Education) Day. See Clerk's File 1991 -29. MOTION by Oxborough to approve attendance of staff representatives and city council members to the fall LMC regional meetings. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: 0. See Clerk's File 1991 -29. MOTION by Wippermann to adjourn. SECOND by Napper. Ayes: 4. Nays: 0. ATTEST: tephai Jilk, dministrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 3, 1991 Respectfully submitted, hi% Su an M. Walsh, City Clerk 4 ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING SEPTEMBER 10, 1991 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 10, 1991, at 6:40 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Willcox, Wippermann, Oxborough and Klassen present. Also in attendance were staff members Stephan Jilk, Dave Bechtold, Ron Wasmund, Lisa Freese and Cindy Carlson. Planning Commission members present were Al Meyer, John Edwards, Sheila Hathaway and Cathy Busho. Jerry Puciaty, Parks and Recreation Committee member, Shawn Mulhern, Utilities Commission member and Fred Hoisington were also present. ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING SEPTEMBER 10, 1991 Mayor Napper led the group in the Pledge of Allegiance. The purpose of the meeting was to discuss the policy section of Comprehensive Guide Plan which is being updated. Mayor Napper opened the meeting, indicated the purpose of the meeting and asked for audience comments. Comments by the audience were received regarding the zoning of properties along County Road 42. These comments addressed concerns that more property should be designated commercial. Comments were also received regarding the use of some sort of transitional zone between Rural Residential and R1 zoned properties. Lisa Freese, Planning Director, then discussed her concerns that the Planning Commission and City Council understand that the establishment of certain policies in the Comprehensive Guide Plan may necessitate additional staff if those policies are followed and that the Planning Commission and City Council should always attempt to consider budget and staffing when establishing policy. The Planning Commission and City Council then reviewed and discussed the policy sections on agriculture and housing with concerns raised on long range ag preservation, clustering of housing to maintan more open space and how much multi family housing should be allowed. Meeting recessed at 8:40 p.m. and reconvened at 8:57 p.m. The discussion continued after the recess on Commercial Development Policy and again audience input was allowed. Concerns were again raised as to whether there was sufficient land designated commerical. MOTION by Napper to set a special council meeting for October 8, 1991 at 6:30 p.m. to continue discussion on the Guide Plan policies. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, and Klassen. Nays: 0. MOTION by Willcox to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. Meeting adjourned at 9:50 p.m. ATTEST: Vernon J. Napper, Mayor Respectfully submitted, 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 1991 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on September 17, 1991, at 7:30 p.m., in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to add Item 5(b) Water Tower Update. Carl Mulhaver of Koch Refining Company informed the City Council of Koch's new 150,000 square foot Administrative Facilities Expansion Project. Mr. Mulhaver advised the $17.6 million project will improve the work place environment for Koch's employees and will facilitate additional employees over the next five years. See Clerk's File 1991 -31. Independent School District 196 Superintendent Dr. R. J. Rehwaldt presented information on the school district's Special Election to be held on November 5, 1991. Rosemount residents within School District 196 will be voting on an excess levy question and a bond referendum question. See Clerk's 1991 -31. Police Chief Lyle Knutsen advised he will be attending a special meeting of the Dakota County Board of Commissioners at which time the Board of Commissioners will recognize the County has been awarded approximately $1.25 million over the next five years to prevent chemical dependency among county citizens. See Clerk's File 1991 -31. Councilmember Willcox requested Consent Agenda Item 4(h) Approve Administrative Fee Transfers Pine Bend Trail, Project 199, and Item 4(i) Approve Expenditure for Fire Department Personal Computer be moved Old Business for discussion. MOTION by Napper to approve the Consent Agenda with the removal of Items 4(h) and 4(i). SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -31. Director of Planning Lisa Freese advised the City Council an acceptable agreement on financial arrangements has been reached with Koch officials and city staff members with regards to the Koch Refining proposed spent bauxite facility. Freese noted the City Council had tabled action at the July 16, 1991 public hearing to allow city staff to meet with Koch officials to discuss the Interim Use Permit requirements, reimbursement of staff costs for permit review and the annual permit /host community fees. Council discussed the request from Koch Refining to consider using any excess funds from annual fees, over and above administrative costs, to fund programs for the Rosemount school district. Council felt this issue should be addressed in greater detail when the interim use agreement is reviewed. Councilmember Klassen expressed concerns the text amendment would allow Koch Refining to dispose of the spent bauxite in an area not being considered as a waste 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 1991 management district and, therefore, would encourage similar facilities to dispose of waste materials on site. See Clerk's File 1991 -31. MOTION by Napper to adopt Ordinance No. B -12, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Willcox. Nays: Klassen. MOTION by Napper to approve the financial agreement with Koch Refining providing for reimbursement of staff costs and an annual permit fee. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Mayor Napper requested an update on the status of the water tower located on Connemara Trail. Public Works Director Ron Wasmund advised the City had entered a right -of -entry agreement with the Kelly Trust representatives. This allowed the City to construct and operate the water tower until an amiable agreement is reached between the City and the Kelly Trust for purchase of the property. Staff members Ron Wasmund and Jeff May addressed Councilmember Willcox' questions regarding the transfer of funds for temporary funding costs and administrative costs for Pine Bend Trail Improvements Project #199. See Clerk's File 1991 -31. MOTION by Willcox to approve the transfers from Fund 413 to Fund 101 for the temporary funding costs and the administrative costs associated with Project #199, Pine Bend Trail Improvements. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Fire Chief Aker advised the MacIntosh computer system the fire department has requested to purchase can have an emulated computer board to make it IBM compatible. MOTION by Willcox to authorize the fire department to spend $2,483.90 to purchase a MacIntosh computer system with printer directly from Apple Computers. SECOND by Oxborough. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -31. Director of Planning Lisa Freese presented information on the appeal received from Paul Walsh, who wanted to locate his business, Pro Tune, at 14785 South Robert Trail. The Planning Commission at its September 10, 1991 Regular Meeting determined that Pro -Tune is not a continuation of an existing non conforming use and that it did not meet the intent of Section 13 of the Zoning Ordinance on non- conforming uses. In response to concerns about adverse effects to the residential neighborhood, Paul Walsh advised his business is retail oriented and would not be open for repairs after 5:00 p.m. Mr. Walsh further stated there would be no outside storage except for a few trailers. City Attorney Eric Short advised Council he felt the business would be a legal non conforming use if it expanded into motorcycle and 2 1 snowmobile sales; but the business would be prohibited from expanding the building to accommodate additional paint booths. There was a general consensus by the Council that additional information had been received by Council subsequent to the Planning Commission's decision on September 10, 1991. Councilmember Klassen wanted to know whether or not Council's overturning the Planning Commission's decision would set a precedent regarding other non- conforming uses. City Attorney Eric Short advised that each non- conforming use is considered on its own merits. See Clerk's File 1991 -31. MOTION by Willcox to overturn the Planning Commission's interpretation of the Non Conforming Use Provisions of the Zoning Ordinance and determined that Paul Walsh dba Pro -Tune is a continuation of an existing legal non conforming use in compliance with Section 13 of the Zoning Ordinance. SECOND by Oxborough. Ayes; Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Economic Development Specialist Tracie Pechonick reviewed a summary of the 1991 Rosemount Recycling Program and expected changes in 1992 and the 1992 Landfill Abatement Funding Application. City staff were directed to research methods of thanking residents for their recycling efforts. See Clerk's File 1991 -31. MOTION by Napper to adopt A RESOLUTION AUTHORIZING APPLICATION TO DAKOTA COUNTY FOR FUNDING THE CITY OF ROSEMOUNT 1992 LANDFILL ABATEMENT PROGRAM. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to adjourn. SECOND by Napper. Ayes: 5. Nays: 0. ATTEST: !StephzCn Jilk, y Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 17, 1991 Respectfully submitted, Susan M. Wash, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING SEPTEMBER 23, 1991 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, September 23, 1991 at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Willcox, Wippermann, and Klassen present. Councilmember Oxborough was absent. Also in attendance were City Administrator Stephan Jilk and Department Heads Ron Wasmund, Dave Bechtold, Lisa Freese, Jeff May, Lyle Knutsen, and Scott Aker. Mayor Napper led the group in the Pledge of Allegiance. The purpose of the work session was to review the proposed 1992 General Fund Budget. Administrator Jilk presented an overview of the proposed 1992 operating budget, the 1992 levy and the proposed changes to be made to the budget because of information recently received on the Fiscal Disparity payment to be received by the City in 1992. Discussion was then held on the three items that were presented in the Administrator's memo on the changes in the budget and how to handle a potential shortfall of revenue for 1992. Those items being: (1) use of equipment certificates, (2) cuts in budget, (3) transfer from the Bonds Paid -Up Account. Following lengthy discussion, Council concurred that these items would be acceptable methods of handling the shortfall for 1992. Each department presented an overview of their individual department's budgets and Council asked questions for clarification. There was consensus that a second budget workshop would not be necessary and that staff would prepare a final draft of the proposed budget for review by Council sometime prior to holding the budget hearing in December and that the budget as proposed was acceptable. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 4. Nays: 0. The meeting adjourned at 8:15 p.m. ATTES Vernon Jppe yor Respej fully sub s'. ed, tep 'n Jilk, y Administrator 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1991 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 1, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Willcox, Oxborough and Klassen present. Councilmember Wippermann was absent. Mayor Napper led the group in the Pledge of Allegiance. The following items were added to the agenda: Item 5(b) Airport Update, Item 9(b) Set Special Council Meeting to Discuss Litigation on Pending Assessments; and Item 9(c) Downtown Development Plan Workshop. Police Chief Lyle Knutsen reported to the Council on the evaluation reports on the Rosemount /Koch Emergency Training exercise held on July 13, 1991 at Koch Refining. The report from the State of Minnesota Emergency Response Commission rated the overall exercise as outstanding. Council commended Police Chief Knutsen and city staff on their involvement in the training exercise. See Clerk's File 1991 -33. Consent Agenda Item 4(q) Set Public Hearing for Master Transmission Rezoning Petition for discussion under Old Business, Item 5(c). MOTION by Napper to approve the Consent Agenda with the removal of Item 4(q). SECOND by Willcox. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -33. Consultant Jeff Schoenbauer of Brauer Associates, Ltd. reviewed for Council the proposed Master Plan for Carrolls Woods. Mayor Napper suspended the regular agenda to allow the Council to conduct public hearings scheduled at this time. Mayor Napper opened the public hearing to consider the Solberg Construction Co., Inc. petition for an amendment to Ordinance B City of Rosemount Zoning Ordinance, causing a rezoning from AG Agriculture to IG General Industrial. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991 -33. Director of Planning Lisa Freese addressed the Solberg proposal to relocate their business to a 10 acre parcel located at the northeast corner of Highway 52 and County Road 42. Solberg Aggregate intends to build an office /repair shop building and equipment storage yard on the site and has submitted a petition requesting to rezone the property from Agricultural to General Industrial. Director of Planning Freese advised the Metropolitan Council reviewed and approved the City's Minor Comprehensive ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1991 Guide Plan Amendment pertaining to the Solberg proposal, and the Planning Commission recommended approval of the rezoning at its September 24, 1991 regular meeting. Marlin Rechtzigel, 14727 Clayton Avenue East, requested information on location of buildings on the site, landscaping and parking. Planning Director Freeze advised she would furnish Mr. Rechtzigel with this information when the site plan is received from Solberg Aggregate. Mr. Rechtzigel advised he would furnish the City with a list of his concerns. MOTION by Willcox to close the public hearing. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. MOTION by Willcox to adopt Ordinance No. B -14, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0 Mayor Napper opened the public hearing to consider an amendment to Ordinance B City of Rosemount Zoning Ordinance affecting Section 9, Special Overlay Regulations. The City Clerk presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1991 -33. Director of Planning Lisa Freese advised the Mississippi River corridor Critical Area Overlay District is designed to be a part of Ordinance B, as Section 9.3, Special Overlay Regulations. This section was inadvertently omitted when the Zoning Ordinance was revised in 1989. Planning Assistant Cindy Carlson reviewed the contents of Section 9.3. See Clerk's File 1991 -33. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. MOTION by Willcox to adopt Ordinance No. B -15, AN ORDINANCE AMENDING SECTION 9.3 OF ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Willcox, Napper, Oxborough, Klassen. Nays: 0. Regular agenda discussion continued at this time. Consultant Jeff Schoenbauer answered questions from Council regarding the proposed Master Plan for Carrolls Woods. Council concurred they needed additional time to review the draft master plan. See Clerk's File 1991 -33. Councilmember Klassen reported on the Metropolitan Council Meeting held on September 20, 1991 when the New Airport Search Area Advisory Task Force formally recommended to the Metropolitan Council the Dakota County Search Area as its recommended site for a new airport. Councilmember Klassen highlighted the issues discussed at the meeting which included the advisory task force members' recognition of the strong public sentiment for keeping the airport at its present site and opposition to the dual -track 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1991 process. Councilmember Klassen advised a great deal of discussion centered on the land- banking issue and local governments' concerns of losing their authority on development regulations. Klassen reported that from this discussion the land banking issue evolved into redefining "land- banking as a "site protection" issue. Discussion was held by Council with regards to setting a public hearing to consider a rezoning petition from Dave McKinley, owner of Master Transmission, 14805 South Robert Trail. Councilmember Klassen felt a continuing pattern of requests for allowing auto service related businesses in this area of the downtown was evolving. Councilmember Klassen recommended postponing the public hearing until it could be determined why the City Council, when revising the City Zoning Ordinance in 1989, agreed to prohibit auto service businesses in a C -2 zoning district. Following discussion, Council agreed to have staff review the tape recordings of the Council meetings when this section of the Zoning Ordinance was discussed and report their findings to Council and the Planning Commission. See Clerk's File 1991 -33. MOTION by Napper to set a public hearing for the Master Transmission Rezoning Petition for November 19, 1991, at 8:00 p.m. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Director of Planning Lisa Freese presented the Planning Commission's recommendation for approval to combine two adjoining lots owned by Raymond and Shelley Gifford. Freese advised the Giffords, who live at 12334 South Robert Trail, have their home situated on Lot 3 in Happy Ours Subdivision; and combining Lots 2 and 3 would allow them to add a deck to their home without seeking a setback variance. Director of Planning Freese recommended that an Indenture be executed and recorded to insure that the lots are not administratively split in the future. See Clerk's File 1991 -33. MOTION by Oxborough to adopt A RESOLUTION APPROVING A LOT COMBINATION and approving the Indenture to be executed by Raymond and Shelley Gifford and the Mayor and City Administrator. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0 City Clerk Susan Walsh requested Council consideration to allow part -time employees, who had to start paying Social Security taxes on July 1, 1991, enroll in the City's deferred compensation plan in lieu of paying Social Security taxes. City Clerk Walsh advised that prior to July 1, 1991 part -time employees, who were not eligible to belong to the Public Employees Retirement Association, were exempt from paying Social Security taxes. Walsh stated a determination has been made that if this group of part -time employees contribute to a deferred compensation plan, they are still exempt from paying Social Security taxes. Walsh reviewed those groups of employees who would be required to enroll in the City's deferred compensation plan and the effective 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1991 dates. City Clerk Walsh also referred to her memorandum to Council dated September 26, 1991 which summarized the proposed procedure, the advantages and background information on Internal Revenue regulations and deferred compensation plans. See Clerk's File 1991 -33. MOTION by Napper to adopt A RESOLUTION AUTHORIZING EXPANSION OF THE UNITED STATES CONFERENCE OF MAYORS (USCM) DEFERRED COMPENSATION PROGRAM TO INCLUDE ALL CITY OF ROSEMOUNT EMPLOYEES. SECOND by Klassen. Ayes: Klassen, Willcox, Napper, Oxborough. Nays: 0. Director of Planning Lisa Freese recommended that a public hearing be set for October 15, 1991 for a Minor Guide Plan Text Amendment of the Waste Management and Public Land Use Elements. Director of Planning Freese advised the County wants to proceed with the land use review process for the proposed Dakota County Resource Recovery Facility (RFP). Freese recommended the Zoning Ordinance be amended to permit publicly owned municipal waste incineration facilities in the Public /Institution zoning district. Freese reviewed staff's rationale for recommending this process. This process was acceptable to the Metropolitan Council, who reviews all rezoning or land use changes within the airport search area, but the Metropolitan Council felt the City should clarify its Comprehensive Guide Plan. Director of Planning Freese and Consultant Dean Johnson answered questions from Council regarding the process if the Resource Recovery Facility was located in an area designated as a Waste Management District in the Comprehensive Guide Plan or if the City Council failed to take action on redesignating or rezoning the land. See Clerk's File 1991 -33. MOTION by Napper to set a public hearing for a Minor Guide Plan Text Amendment of the Waste Management and Public Land Use Elements for October 15, 1991, at 8:00 p.m. SECOND by Klassen. Ayes: Willcox, Napper, Klassen. Nays: Oxborough. City Administrator Stephan Jilk advised the Economic Development Authority formally accepted the resignation of Michael Willard from the EDA Board. Mr. Willard requested his resignation take effect immediately. Administrator Jilk commented on the years of service Mr. Willard has given to the City and that he will be missed by everyone. See Clerk's File 1991 -33. MOTION by Napper to accept the resignation of Michael Willard from the EDA Board with regret and thanks for the many years of service to the City of Rosemount. SECOND by Willcox. Ayes: Napper, Oxborough, Klassen, Willcox. Nays: 0. Fire Marshall George Lundy informed Council the National Fire Protection Association has chosen "Fire Won't Wait Plan Your Escape" as the theme for Fire Prevention Week, October 6 -12, 1991. Mayor Napper proclaimed October 6 -12 as "Fire Prevention Week for the City of Rosemount. See Clerk's File 1991 -33. 4 1 MOTION by Napper to set a Special Executive Session of the City Council for Thursday, October 3, 1991, at 6:30 p.m. for the purpose of discussing litigation on pending assessments. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Napper. Nays: 0. City Administrator Jilk advised the Economic Development Authority (EDA) has scheduled a half day work session on Saturday, November 23, 1991, in the Council Chambers. The purpose of the work session is to begin the process of developing a downtown plan. In addition to City Council members attending, the City commission and committee members, city staff, and members of the Chamber Economic Development Committee will be invited to attend. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. ATTEST: S eph Jilk, gtty Administrator 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 1, 1991 Respectfully submii<ted, Sus n M WtJ.sh, City clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING OCTOBER 8, 1991 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, October 8, 1991 at 6:52 p.m. in the Council Chambers at Rosemount City Hall. Mayor Napper called the meeting to order with Councilmembers Klassen, Oxborough, Willcox, and Wippermann present. In attendance from the Planning Commission were Al Meyer, John Edwards, Sheila Hathaway, Cathy Busho, and Kurt Gundacker. City staff members Stephan Jilk, Lisa Freese, and Ron Wasmund were also in attendance along with Eric Short, City Attorney, Dean Johnson, RSC, and Fred Hoisington, Hoisington Group Inc. Purpose of the meeting was to meet jointly with the Planning Commission to discuss certain policy sections of the Comprehensive Guide Plan. ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING OCTOBER 8, 1991 Fred Hoisington explained the Comprehensive Guide Plan review process, what will be the result of the update process and the completed Guide Plan. Staff and consultants will revise draft policies according to comments made during these meetings, then draft a final document for consideration and hold a Public Hearing. Council would then adopt a final plan. The policy sections on Industrial Parks and General Industrial were then reviewed. Discussion on "unserviced" industrial property was held. Discussion was also held and specific concerns were raised regarding the city's "sprinkling" requirements. Policy section on "Conservancy" areas was discussed and a concern was noted on whether a smaller conservancy area should be suggested. Economic Development policy was discussed. During the discussion on the Transportation policy, a consensus was reached that a statement should be added such that the city does not want the MSP airport but would work with the State and Metropolitan Council in planning it if it is brought here. The meeting was recessed from 9:00 p.m. until 9:25 p.m. Policy sections on Environmental Protection and Energy Conservation were then reviewed. Staff suggested that the next meeting should be after staff and consultants make the suggested revisions and prepare the revised draft of the plan, sometime in early December. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Vernon J. Napper, Mayor Respectfully submitted, Step an Jilk, ministrator 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1991 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 15, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following item: 5(c) Airport Meetings. Director of Planning Lisa Freese advised the Minor Guide Plan Amendment Public Hearing was rescheduled from October 15, 1991 to November 5, 1991. This action was taken at a special council meeting held on October 3, 1991. See Clerk's File 1991 -36. MOTION by Napper to approve the Consent Agenda as presented. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -36. Director of Planning Lisa Freese presented for Council approval the Country Hills Fifth Addition Final Plat which consists of 37 lots on the northern portion of the Country Hills Planned Unit Development (PUD). The Planning Commission recommended approval of the final plat subject to (1) detailed plans and specifications; (2) a maintenance easement to Outlot B through Country Hills Fourth Addition and (3) an executed development contract. City staff addressed questions from Council regarding changes in the topography of the area with Planning Director Freese advising the topography would not change significantly after final grading. Members of the Council expressed a desire to work with the property owner on future development in an effort to preserve the hills in the general area of development. See Clerk's File 1991 -36. MOTION by Oxborough to adopt A RESOLUTION APPROVING COUNTRY HILLS FIFTH ADDITION FINAL PLAT. SECOND by Napper. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Council discussed approval of the Development Contract for Country Hills Fifth Addition with Council agreeing to postpone approval until Building Official Ron Wasmund has met with Lee Johnson of U.S. Homes Corporation with regards to permit requirements. Mayor Napper opened the public hearing scheduled at this time to consider Koch Refining Company Spent Bauxite Disposal Facility Interim Use Permit Application. The city clerk presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1991 -36. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1991 Consultant Dean Johnson of Resource Strategies, Inc. reviewed the Interim Use Agreement. See Clerk's File 1991 -36. The audience offered no comments or objections to the Interim Use Permit. MOTION by Napper to close the public hearing. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Oxborough to adopt A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR THE KOCH REFINING COMPANY SPENT BAUXITE DISPOSAL FACILITY. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Discussion was held on the property appraisal of the Sunrise Builders property located at 14000 South Robert Trail. City Administrator Stephan Jilk advised the appraised value was set at $316,000. Administrator Jilk recommended that the City inform Mr. McDonough that it is not interested in purchasing the property at this time because of the city's current budgetary constraints. Jilk referred to a preliminary draft of the Town Green Master Plan that recognized this property as possible park land but that also expressed concerns about the city's inability to acquire the property. Administrator Jilk further recommended that the Rosemount Economic Development Authority (EDA) work with Mr. McDonough in developing the site in a manner which is beneficial to Mr. McDonough and compliments the proposed development of the Town Green and Armory sites. Council discussion followed with Council agreeing that city staff look at buy out options for consideration by the Rosemount EDA and City Council. Council further agreed zoning options or land use designations be further discussed by the Planning Commission and City Council in their review of the Comprehensive Guide Plan and at the downtown redevelopment workshop on November 23, 1991. Mr. McDonough informed Council information to him by January 1, 1992 would be adequate. Council agreed this issue should be discussed no later then the second meeting in December, 1991. See Clerk's File 1991 -36. MOTION by Napper to accept the Sunrise Builders Appraisal Report. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Councilmember Wippermann reported on the October 16, 1991 airport meeting held for the purpose of establishing a citizens' opposition group to the airport. Councilmember Wippermann recommended the Council adopt a position statement in opposition to the airport for presentation at the Metropolitan Council meeting on October 30, 1991. Council concurred to review the position statement at their October 22, 1991 Special Council meeting. Director of Planning Lisa Freese addressed the letter of appeal from Ron Miller, 4050 152nd Court West, who appealed the 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1991 Planning Commission's decision to deny his variance petition request. Freese advised Mr. Miller requested a 4.5 foot side yard setback variance in order to allow him to keep a deck that he constructed earlier in the year. Mr. Miller presented a petition from his neighbors who asked that the variance be granted. Mr. Miller advised there are other houses in his neighborhood where decks are within the 10 foot setback and questioned Council on why he was being singled out. Discussion ensued by Council on the several homes built in the area where sideyard setbacks would not allow homeowners to build adequately sized decks off of patio doors. A general consensus was reached by the Council that staff should do an inventory on the number of homes in Ron Miller's neighborhood that have nonconforming decks. See Clerk's File 1991 -36. MOTION by Klassen to uphold the Planning Commission's decision to deny the variance petition of Ron Miller because the request did not meet the required findings of Section 15.2 of the Zoning Ordinance. SECOND by Wippermann. Ayes: Wippermann, Klassen. Nays: Napper, Oxborough, Willcox. Motion failed. MOTION by Napper to direct staff to do a neighborhood assessment of nonconforming decks that are in sideyards in this neighborhood and report back on November 5, 1991 and to table the decision on the Ron Miller appeal until that meeting. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. A ten minute recess was called at this time. MOTION by Napper to table the decision on the Ron Miller appeal until November 19, 1991 since Mr. Miller will be out of town on November 5, 1991. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Director of Planning Lisa Freese addressed a notice received from Dakota County of a request from the City of Apple Valley to rename County Road 38, State Trunk Highway 77 and County State Aide Highway 77 between County Road 11 and the Apple Valley /Rosemount boarder to Valleywood Drive. Freese advised Dakota County staff has tentatively recommended to approve the name change and further suggested the new name extend into Rosemount between Pilot Knob and Highway 3. Freese advised the Planning Commission opposed the name change, but recommended in the event the County approves the name change within Apple Valley, a 125th Street sign be placed at Pilot Knob Road. The City Council unanimously concurred with the Planning Commission's recommendations. See Clerk's File 1991 -36. MOTION by Klassen to adopt A RESOLUTION CONCERNING THE PROPOSED RENAMING OF COUNTY ROAD 38 TO VALLEYWOOD DRIVE. SECOND by Napper. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1991 Public Works Director Ron Wasmund requested Council authorization to post or advertise for a Maintenance Level III position. Wasmund advised Council of the likelihood of Level I and Level II maintenance employees applying for the Level III position. See Clerk's File 1991 -36. MOTION by Napper to post /advertise for a Maintenance Level III position, make a selection and bring a recommendation to Council for hiring and that this process would include the possibility of promoting a Level II or Level I and the advertising for a replacement. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: Willcox. Public Works Director Ron Wasmund requested authorization to advertise and interview candidates for the position of City Engineer /Assistant Public Works Director. Wasmund did not expect to fill the position until after January 1, 1992. See Clerk's File 1991 -36. MOTION by Klassen to advertise and interview for the City Engineer /Assistant Public Works Director and come back to Council with a recommendation. SECOND by Napper. Ayes: Napper, Klassen, Wippermann. Nays: Oxborough, Willcox. City Administrator Stephan Jilk reviewed with Council the preliminary draft of the Dakota County Highway and Bikeway CIP for 1992 1996 and staff's comments on the proposed CIP. See Clerk's File 1991 -36. MOTION by Napper to approve comments to be submitted to Dakota County regarding its proposed 1992 1996 Highway and Bikeway CIP. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. City Administrator Stephan Jilk presented a draft resolution for Council consideration to transfer the City Council's obligation to conduct a Board of Review meeting each year to the Dakota County Board of Equalization. Jilk noted this transferring of duties will provide a more streamlined and cost efficient method of managing this process. See Clerk's File 1991 -36. MOTION by Napper to adopt A RESOLUTION AUTHORIZING THE TRANSFER OF DUTIES FROM THE CITY OF ROSEMOUNT LOCAL BOARD OF REVIEW TO THE DAKOTA COUNTY BOARD OF EQUALIZATION. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Public Works Director Ron Wasmund presented a letter of resignation from Tom Werner to resign from the Utilities Commission and Cable Commission effective January 1, 1992. Council extended their thanks to Mr. Werner for serving on these commissions. See Clerk's File 1991 -36. MOTION by Willcox to accept the letter of resignation from Utilities Commission Member Tom Werner effective January 1, 1992 from the Utilities Commission and Cable Commission. SECOND by 4 Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. City Administrator Stephan Jilk updated Council on the Dakota County Administrators group investigating opportunities for cities and Dakota County to provide community services in a more cost effective manner. Two specific areas are personnel services and public safety dispatching. Administrator Jilk, who co- chairs the consolidation of dispatching services, briefly reviewed the Request for Proposal (RFP) to study possible alternatives for dispatching and options for funding the study by the cities and Dakota County. See Clerk's File 1991 -36. City Administrator Jilk reviewed the 1992 legislative issues the Dakota County Administrators group has formulated for presentation to the County's legislative delegation in January, 1992. Councilmember Klassen requested 1the Minnesota Valley Transit Authority be added to the list. See Clerk's file 1991- 36. MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. ATTEST: tep Pursuant to City Council October 22, Hall. Mayor Napper Mayor Napper the proposed Improvements Jilk, C A`y Administrator 5 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 15, 1991 Respectfully submitted, Susan M. City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING OCTOBER 22, 1991 due call and notice thereof a special meeting of the of the City of Rosemount was duly held on Tuesday, 1991, at 7:00 p.m. in the Council Chambers at City Mayor Napper called the meeting to order with Councilmember Wippermann, Oxborough and Klassen present. Councilmember Willcox was absent. led the group in the Pledge of Allegiance. opened the public hearing to consider objections to assessments for Shannon Parkway Street and Utility of 1989, City Project 194. ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING OCTOBER 22, 1991 The city administrator presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991 -37. Public Works Director Ron Wasmund presented an overview of the project, reviewed the costs and the proposed total assessment in the amount of $687,130.47. See Clerk's File 1991 -37. The Council acknowledged letters of objections received by the City on the proposed assessments. MOTION by Napper to close the public hearing. SECOND by Wippermann. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Napper to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, SHANNON PARKWAY STREET AND UTILITY IMPROVEMENTS OF 1989, PROJECT 1194. SECOND by Klassen. Ayes: Napper, Klassen, Wippermann. Nays: Oxborough. Mayor Napper opened the public hearing to consider objections on the proposed assessments for Shannon Hills 2nd Addition Street and Utility Improvements, City Project No. 216. The city administrator presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991 -37. Public Works Director Ron Wasmund presented an overview of the project. The total cost of the project was $336,865.08, and the proposed assessment amount is $290,736.04. See Clerk's File 1991- 37. The audience offered no objections or concerns to the proposed assessments. MOTION by Napper to close the public hearing. SECOND by Klassen. Ayes: Oxborough, Klassen, Wippermann, Napper. Nays: 0. MOTION by Klassen to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, SHANNON HILLS 2ND ADDITION STREET AND UTILITY IMPROVEMENTS, PROJECT #216. SECOND by Wippermann. Ayes: Klassen, Wippermann, Napper, Oxborough. Nays: 0. Finance Director Jeff May requested Council authorization for the issuance and bond sale for Country Hills Fourth Addition improvements project. May recommended setting the sale at this time in order to receive the proceeds from the sale to cover costs up to the completion of the project. The bid opening would be scheduled for November 19, 1991, at 12:00 p.m. See Clerk's File 1991 -37. MOTION by Napper to adopt A RESOLUTION AUTHORIZING THE NEGOTIATION OF $265,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991B. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING OCTOBER 22, 1991 SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen. Nays: 0. Finance Director Jeff May requested Council authorization to proceed with the sale of equipment certificates in the amount of $210,000. The bid opening would also be scheduled for November 19, 1991, at 12:00 p.m. See Clerk's File 1991 -37. 1 MOTION by Klassen to adopt A RESOLUTION AUTHORIZING THE NEGOTIATION OF $210,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1991C. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Wippermann. Nays: 0. Council took up discussion on the airport search process being conducted by a task force of the Metropolitan Council. Council discussed the upcoming public hearing to he held on October 30, 1991 at the Rosemount High School and what comments should be prepared for that hearing. Administrator Jilk was directed to draft a position paper for presentation on October 30, 1991 and that the following points should be stressed in that paper: 1. The City continues to support leaving the MSP airport at its current location. 2. The City is against land banking. 3. The dual -track process should be shortened. 4. There has been little or no opportunity for citizen involvement in the process to date. 5. The City questions the concept of developing a "central authority." 6. That the City wants the dual track process stopped until a decision is made as to the future of the current MSP airport. The council will receive a draft of the paper by Friday and will return comments to City Administrator Jilk by October 29, 1991 at 4:00 p.m. Staff then presented information on the upcoming visit by representatives of a Finnish chemical company interested in sites in Rosemount to build a new plant. Staff has been working with the State of Minnesota and the company to develop information for their visit. Discussion on the merits of pursuing this project and expenditures for research, supplies, meals, etc. was discussed. 4 ROSEMOUNT CITY PROCEEDINGS SPECIAL COUNCIL MEETING OCTOBER 22, 1991 Joe Walsh, EDA Chairman, along with City Council members all agreed that this project should be pursued and gave staff direction to do so. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 4. Nays: 0. ATTEST: Vernon J. Napper, Mayor ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 1991 4 Pursuant to due call and notice thereof the City Council of the City of Rosemount was November 5, 1991 at 8:00 p.m. in the Counci Hall. 1 Respectfully submitted, S e• an Jil City Admini trator Mayor Napper led the group in the Pledge of Allegiance. regular meeting of the duly held on Tuesday, 1 Chambers of the City Mayor Napper called the meeting to order with members Willcox, Wippermann, Oxborough and Klassen present. The agenda for the November 5, 1991 Regular Council Meeting was amended to include Item 4(b) Snow Removal Activities of Past Weekend. Mayor Napper opened the public hearing scheduled at this time to consider the Comprehensive Guide Plan Text Amendment for Waste Management /Public Institutional Land Use Plan Elements. The City Administrator presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1991 -38. Director of Planning Lisa Freese presented a proposed text amendment to the Rosemount Comprehensive Guide Plan for clarification of the Waste Management Land Use Plan and Public Services elements of the plan. Ms. Freese advised that the proposed amendment was created following discussions with Metropolitan Council regarding the City's ability to effectively review and regulate the Dakota County Resource Recovery Facility. Planning Consultant Dean Johnson, 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 1991 Resource Strategies Corp. (RSC), reviewed the specifics of the Minor Guide Plan Amendment and noted that this amendment establishes a local process by which to review the proposed Dakota County incinerator. See Clerk's File 1991 -38. Council Member Willcox questioned the importance of Council action on the amendment at this time since PCA permit issuance for the Dakota County facility has been delayed. Ms. Freese advised that the Planning Commission, at their October 22, 1991 Regular Meeting, recommended approval of the amendment. However, due to delay in PCA permit issuance, staff is requesting Council authorization only to forward the proposed amendment to Metropolitan Council to begin their review process. City Council approval of the text amendment would be requested after PCA approval and issuance of the permit. Depending upon how quickly things may happen should the permit be approved, the City will have already initiated the text amendment review and would be in a position for regulatory control of the incinerator activities. The audience offered no comments or objections to the proposed text amendment. MOTION by Napper to close the public hearing. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. MOTION by Napper to forward to the Metropolitan Council the Minor Guide Plan Amendment clarifying the Waste Management and Public Service Elements of the Comprehensive Guide Plan. SECOND by Klassen. Ayes: Wippermann, Napper, Klassen. Nays: Oxborough, Willcox. Motion carried. Director of Planning Lisa Freese advised that Planning staff has established a task force working group with the City of Inver Grove Heights, Dakota County and the Minnesota Department of Transportation (MnDOT) staff for a cooperative study in assessing and analyzing transportation issues in the STH 52 corridor within Rosemount and Inver Grove Heights. The overall goal is to develop a plan that will specifically address the hierarchy of roads necessary to support continued industrial development in eastern Rosemount and to integrate this plan into the update of the City's Comprehensive Guide Plan. See Clerk's File 1991 -38. MnDOT has requested the engineering firm of Short- Elliot- Hendrickson, Inc. (SEH) to submit a proposal for a STH 52 corridor study which would identify the roadway's appropriate future functional classification and develop alternatives for accommodating the corridor's projected traffic flows. It is anticipated that MnDOT will be contributing a major portion of the funding for this study; however, the other work group participants, including the City of Rosemount, have been asked to contribute to the study. City staff is currently discussing with the other participants the appropriate level of contribution for each. No formal action is required on the study at this time. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 1991 Public Works Director Ron Wasmund provided the Council with an update regarding snow removal activities which had taken place over the recent weekend when the City received approximately 24" 28" of snow. Mr. Wasmund commended the snow removal crew who had all snow removal equipment prepared and ready to take on the snowfall. A conscientious and responsible public works crew, combined with a cooperative effort from residents, were able to remove a considerable amount of snow with very little incident to equipment. MOTION by Wippermann to approve the Consent Agenda as presented. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1991 -38. Director of Planning Lisa Freese presented for City Council approval the Development Agreement for Country Hills Fifth Addition. Ms. Freese advised that the Country Hills Fifth Addition contract differs from previous agreements in that it reflects current policies of the Public Works /Building Department for the issuance of building permits subject to minimum road completion requirements. The Country Hills Fifth Addition final plat was approved by Council at its October 15, 1991 Regular Meeting, subject to an executed Development Agreement. See Clerk's File 1991 -38. MOTION by Oxborough to approve the Development Agreement for Country Hills Fifth Addition. SECOND by Napper. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Director of Parks and Recreation David Bechtold advised that the Parks and Recreation Committee, at its September 16, 1991 regular meeting, accepted the Carrolls Woods Master Plan with no changes recommended. Consultant Jeff Schoenbauer, Brauer Associates, was present to answer questions regarding the Carrolls Woods Master Plan final document. Mr. Schoenbauer explained that the document states an intent to provide one of four access points into Carrolls Woods near the southwest corner of the park. The location of this access will be addressed when a 24 -foot easement for the access is provided through the third phase of the Shannon Hills development. Council Member Wippermann requested the document be modified by removal of reference to a specific age group when referencing potential need to control access to Carrolls Woods. MOTION by Napper to accept and approve the Carrolls Woods Master Plan as presented by Brauer Associates with the deletion of the word "kids" on pages two and seven. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Jeff Schoenbauer, Brauer Associates, gave a presentation with written documents of the master development plan for the area of Town Green. Mr. Schoenbauer discussed the major components of the Town Green Master Plan which consisted of a development program, site analysis, alternative concepts, site master plan and cost estimate, and general phasing program. See Clerk's File 1991 -38. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 1991 MOTION by Klassen to accept and approve the Town Green Master Plan as presented by Brauer Associates. SECOND by Wippermann. Ayes: Willcox, Wippermann, Mapper, Oxborough, Klassen. Nays: 0. By unanimous consent a recess was called at 9:20 p.m. with the meeting reconvened at 9:35 p.m. Director of Parks and Recreation David Bechtold presented Del Lorentzson's letter of resignation from his position on the Parks Recreation Committee. Mr. Lorentzson states that he wishes to continue his memberships on the Armory and Town Green Committees until these projects are completed. With only one year left on his three -year term in office, Mr. Lorentzson has offered to serve until such time as a replacement can be appointed in 1992. See Clerk's File 1991 -38. MOTION by Napper to accept the resignation of Del Lorentzson from the Parks Recreation Committee effective December 31, 1991, or in early 1992 when an applicant is appointed following the application and interview process. SECOND by Oxborough. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Director of Parks and Recreation David Bechtold requested approval and authorization for expenditure of funds to relocate the existing hockey rinks to an area behind and adjacent to the west of the old MnDOT garage building and for construction of a park shelter to be situated in an area near the rinks. Mr. Bechtold discussed circumstances for delays regarding this project which was previously approved by Council in the CIP and was to have been scheduled for completion during the 1990 program year. Mr. Bechtold advised that the project has been discussed at the Town Green meetings and a proposed short -term concept plan for development of this area was agreed upon. See Clerk's File 1991- 38. MOTION by Oxborough to approve OSM Engineering to complete the work as identified for Erickson park for $6,880 with funds to be disbursed from the accounts as presented by staff. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. City Administrator Stephan Jilk reviewed his memo recommending additional planning staff and possible consultant work for the completion of several projects, as well as continual support for the work program of the Planning Department. Director of Planning Lisa Freese described the staff /consultant responsibilities with regard to Planning Department duties and discussed the status of current special projects and what is needed to realize their completion. City Administrator Jilk outlined the potential funding approaches, including the City applying for a planning assistance loan from Metropolitan Council. See Clerk's File 1991 -38. There was general consensus of the Council that staff should indicate to Metropolitan Council that the City is considering an application for a planning assistance loan. In order for Council 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 5, 1991 to review the details of the work program and request for additional staff, this item will be placed on a future agenda for further discussion and determination as to whether the loan application should be pursued. Mayor Napper advised he has been contacted by representatives of the City's women's bowling leagues requesting the City proclaim November 24 -30 Women's Bowling Week in the City of Rosemount, in honor of the Women's International Bowling Congress 75th Anniversary. Donna McDonough discussed the activities of the organization and expressed her appreciation and thanks on behalf of the local Tri -City Bowling Association. See Clerk's File 1991 -38. MOTION by Napper proclaiming November 24 -30, 1991 as "Women's International Bowling Congress Week in the City of Rosemount. Second by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. City Administrator Stephan Jilk discussed the City of Rosemount's support of legislation for the use of tax increment financing for contamination remediation and development purposes. Included in the packet was a draft of the legislation as well as a descriptive summary of the proposed bill. Staff requests Council direction and support for the City's continued involvement for passage of the proposed legislation in 1992. See Clerk's File 1991 -38. MOTION by Willcox to direct City staff to continue to work on getting special legislation passed for use of tax increment financing on Contamination Remediation. Second by Napper. Ayes: oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. MOTION by Napper 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 Willcox. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. See Clerk's File 1991 -38. City Administrator Stephan Jilk reminded the Council of the half day work session on Saturday, November 23, 1991 to be held in the Council Chambers of the City Hall from 8:00 a.m. until 12:00 noon. This work session will define and establish the framework for development of a downtown plan. MOTION by Wippermann to adjourn. Second by Klassen. Ayes: 5. Nays: 0. ATTEST. n Jilk, y Administrator Donna Quintus RecordingSecretary 5 ctfully�j7�,.mitted, 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 19, 1991 Pursuant to due call and notice thereof the regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, November 19, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Willcox, Wippermann, Oxborough and Klassen present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(g) Maintenance of Green Area by Old Post Office. Representatives from Berkley Risk Services, Inc. explained what services they provide to the City in administering the City's liability insurance. Steve Toombs, the City's insurance agent, commended the City Council and staff for receiving a refund in excess of $31,000 on last year's liability insurance premium. See Clerk's File 1991 -39. Director of Planning Lisa Freese requested Council's consideration to reset the Master Transmission Rezoning Petition public hearing, as part of their action under the consent agenda, from November 19, 1991 to December 3, 1991, at 8:00 p.m. Because of a misunderstanding of the intent of the motion passed by Council on October 1, 1991, Ms. Freese advised the planning staff did not publish a public hearing notice for tonight's meeting. See Clerk's File 1991 -38. MOTION by Napper to approve the Consent Agenda. SECOND by Oxborough. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -38. Dan O'Neil from Springsted, Inc. presented the bids opened this date for G.O. Improvement Bonds, Series 1991B and for G.O. Equipment Certificates of Indebtedness, Series 1991C. The financial consultant recommended accepting the bids and awarding the sale for both issuances to First State Bank Investment Services, Inc. Mr. O'Neil remarked on the favorable rates and the excellent rating of "A" the City received from Moody's Investors Service. See Clerk's File 1991 -38. MOTION by Napper to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $265,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991B, AND PROVIDING FOR THEIR ISSUANCE. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0 MOTION by Napper to adopt A RESOLUTION ACCEPTING OFFER ON SALE OF $210,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1991C PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 19, 1991 Economic Development Specialist Tracie Pechonick presented for Council consideration the Agreement for Recycling Services between the City and Knutson Services, Inc. Pechonick commented on the large decrease in funding from Dakota County for 1992 recycling and on the City not being able to budget appropriately for 1992 recycling services since the City was not notified by the County of the funding decrease until September, 1991. Pechonick advised the proposed agreement calls for a two year contract for recycling services with payment for 1992 services being deferred until 1993. See Clerk's File 1991 -38. MOTION by Klassen to approve the Agreement for Recycling Services Between the City of Rosemount and Knutson Services, Inc. which authorizes Knutson Services, Inc. to provide exclusive recycling services within the Rosemount community as specified within said Agreement. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Jeff Schoenbauer of Brauer Associates presented and reviewed the final draft of the Parks System Master Plan. Following discussion, Council concurred approval of the master plan should be deferred until it has been acted upon by the Planning Commission. See Clerk's File 1991 -38. MOTION by Napper to accept the Parks System Master Plan as presented by Brauer Associates. SECOND by Oxborough. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. The variance petition appeal by Ron Miller, 4050 152nd Court West was the next item of discussion. Upon the request of Council at their October 1, 1991 Council Meeting, Director of Planning Lisa Freese reported on the inventory of illegal decks and the potential number of deck variance requests that could result in Mr. Miller's neighborhood. Freese noted only one other deck was found in violation of the setback requirements, and one homeowner would have difficulty designing an adequate deck in order to utilize the existing patio door. Freese also noted Mr. Miller's original deck was considered legal nonconforming when the side yard setback was changed from five to ten feet. See Clerk's File 1991 -38. Ron Miller felt the City's ten foot setback requirement was excessive in comparison to Eagan and Apple Valley's ordinances. Since Mr. Miller's house was located farther back on his lot, he felt Council should take into consideration that his deck is not directly facing his neighbor's house. Council reviewed the criteria for granting variances with members of the Council offering different points of view as to whether or not Mr. Miller's appeal met the criteria for granting him a variance. MOTION by Wippermann to uphold the Planning Commission's decision to deny the variance petition of Mr. Ron Miller because the request does not meet the required findings of Section 15.2 of the ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 19, 1991 Zoning Ordinance. SECOND by Klassen. Ayes: Wippermann, Napper, Klassen. Nays: Willcox, Oxborough. Discussion followed with Council reaching a consensus the Planning Commission should review and make a recommendation as to whether the side yard setback requirements should be revised. MOTION by Willcox to request the Planning Commission to review and make recommendations to Council regarding side yard setback requirements. SECOND by Klassen. MOTION by Willcox to amend the motion to request the Planning Commission to review and make a recommendation as to whether a text amendment should be made to the Zoning Ordinance to reduce side yard setback requirements from ten feet to five feet with regards to decks. SECOND by Klassen. Ayes: Napper, Oxborough, Willcox. Nays: Klassen, Wippermann. Poll of original motion: Ayes: Oxborough, Willcox, Napper. Nays: Wippermann, Klassen. City Administrator Stephan Jilk presented for Council approval loan applications to the Metropolitan Council for planning assistance loans to complete the Comprehensive Guide Plan and to provide funding for city staff and consultants to complete certain tasks regarding planning on the airport planning process. City Administrator Jilk also requested Council consideration for the addition of an assistant planner. Director of Planning Lisa Freese reviewed the two applications and the additional funds needed to complete the comprehensive guide plan and to participate in the planning process for the airport. City Administrator Jilk stated the loans if approved by the Metropolitan Council would be repaid, at no interest, within a three year period. Jilk reviewed the City's sources of funding to support the hiring of a planner and to utilize consultants in 1992 and the projected budget amounts if a planner was hired and the loans were repaid during the years 1993 through 1995. See Clerk's File 1991 -38. It was requested from Council that approval for expenditure of funds for staff's proposals be delayed until the newly elected members of Council have taken their seats in January, 1992. MOTION by Klassen to adopt A RESOLUTION REQUESTING LOCAL PLANNING ASSISTANCE LOANS from the Metropolitan Council and to authorize staff to begin the process of hiring a planner. SECOND by Wippermann. Ayes: Klassen, Wippermann, Napper. Nays: Oxborough, Willcox. Councilmember Willcox discussed the lack of maintenance of the green area beside the old post office or where Dakota Central offices are currently located. City Administrator Jilk advised the area is owned by the City Economic Development Authority and should not be used for public purposes. Council concurred the Economic Development Authority should review the matter. Councilmember Willcox further requested that staff investigate if 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 19, 1991 the stockpiling of snow between Tom's Super Valu and the Ken Rose Mall is creating a barrier for emergency vehicles if they need to drive behind the mall. Director of Planning Lisa Freese recommended that Council set a public hearing on December 3, 1991 to consider the rezoning petition submitted by USPCI for the proposed 236 -acre Minnesota Industrial Containment Facility. See Clerk's File 1991 -38. MOTION by 8:00 p.m. Klassen. Nays: 0. Willcox to set a public hearing for December 3, 1991, at to consider the Rezoning Petition of MICF. SECOND by Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Finance Director Jeff May presented for Council consideration a policy regarding the charging of administrative fees to all funds. May advised the purpose of the policy is to assign the costs of providing administrative services to each appropriate City fund and to reimburse the General Fund of the City for these costs. See Clerk's File 1991 -38. MOTION by Willcox to approve Administrative Fee Policy F -3. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Finance Director Jeff May presented for Council approval a donation policy which would set up specific guidelines for the handing of funds donated to the City. May advised this policy would address the concerns which have been voiced in the past by staff and contributors that donations have been lost for certain items because the donations were not spent in the same year they were received. See Clerk's File 1991 -38. MOTION by Oxborough to approve Donation Policy F -2. SECOND by Klassen. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Assistant City Administrator Sue VanderHeyden addressed the administrative policy which outlines the process for appointments to the City's committee and commissions and the need to appoint the seven members of the newly created Port Authority. VanderHeyden reviewed the terms of the Port Authority positions and those of the other commissions and committees and a time schedule for completing the appointment process. See Clerk's File 1991 -38. MOTION by Napper to direct staff to commence the City of Rosemount commission appointment process. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. City Administrator Stephan Jilk provided Council with the final draft of the 1992 budget which included minor changes as a result of the September 23, 1991 budget workshop. Jilk advised a final budget package will be furnished to Council for the December 5, 1991 budget hearing. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 19, 1991 Councilmember Oxborough commented on the complaints he received from residents regarding the city's late fee policy for water bills. City Administrator Jilk advised several residents expressed concerns about the local mail delivery causing their payments to be late. MOTION by Napper to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST: teph- Jilk, C y Administrator ATTEST Ver on J per, ayor 5 Respegtfµlly subm'tted, Susan M. Walsh, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING NOVEMBER 26, 1991 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Tuesday, November 26, 1991, at 6:30 p.m. in the Council Lounge at City Hall Mayor Napper called the meeting to order with Councilmembers Willcox, Wippermann, Oxborough and Klassen present. Also in attendance were City Administrator Stephan Jilk, Police Chief Lyle Knutsen and City Attorney Eric Short. The purpose of the meeting was to discuss allegations of misconduct by law enforcement personnel employed by the City. Council discussed certain allegations of misconduct presented by Chief Lyle Knutsen. Chief Knutsen also provided a proposed agreement offered by Officer Christopher Hoyt in which Officer Hoyt terminated his employment with the City. The City Council agreed to approve the agreement. MOTION by Willcox to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Resp-; ful, su• ";--tted J' St an ilk, dmi nis ra for ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 1991 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 3, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Willcox, Wippermann, Oxborough and Klassen present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include Item 5(d) Comprehensive Guide Plan on Waste Management; Item 11(a) Utility Billing Late Charge and Item 11(b) County Road 38 Name Change. Item 4(e) was removed from the agenda. Lieutenant Dwayne Kuhns informed Council of the recently formed Safety Committee. The Council was informed of the employees serving on the committee and the goals this committee established. Lieutenant Kuhns, as safety coordinator, requested Council's consideration to approved the City -Wide Safety Policy listed for approval under the consent agenda. See Clerk's File 1991 -40. Councilmember Klassen requested the draft minutes of the November 19, 1991 regular council meeting be changed to correct a polling error in the first and second motion on page 3 with regards to side yard setback requirements and to include the following sentence in paragraph 6 on page 3: "City Administrator Jilk advised the area is owned by the City Economic Development Authority and should not be used for public purposes. Council concurred the Economic Development Authority should review the matter." MOTION by Wippermann to approve the consent agenda subject to the corrections to the November 19, 1991 minutes and the removal of Item 4(e) from the agenda. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -40. As directed by Council at a previous meeting, City Administrator Stephan Jilk reviewed his recommendations for funding sources and agreements to purchase the Sunrise Builders property located on South Robert Trail. Administrator Jilk provided background information on the property, the City's interest in future park development, available funding and the City's potential cost to purchase the property. Jilk recommended this proposal be presented to the Parks Recreation Committee and Economic Development Authority for discussion if Council elects to proceed with the purchase. Councilmember Klassen felt the property may be available in the future at a lower price. See Clerk's File 1991- 40. MOTION by Oxborough to direct staff to finalize funding sources and contract agreements for the purchase of the Sunrise Builders property. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Willcox. Nays: Klassen. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 1991 City Administrator Stephan Jilk presented an update on the status of the Armory project and advised the United States Congress has approved the funding and the authorizing bill is awaiting the President's signature. Administrator Jilk requested Council approval of an architectural contract with Arthur Dickey Architects, Inc. for this project. See Clerk's File 1991 -40. Mayor Napper suspended the regular agenda discussion to allow for the public hearings scheduled at this time. Mayor Napper opened the public hearing to consider Rachels Wood Preliminary Plat. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991 -40. Director of Planning Lisa Freese reviewed the proposed plat which would cause a two lot subdivision of approximately 11 acres located on the west side of Dodd Boulevard and just south of 120th Street West. The Planning Commission recommended approval of the preliminary plat subject to revision of the public right of -way dedication for Dodd Boulevard. See Clerk's File 1991 -40. There were no questions or comments given by the audience. MOTION by Napper to close the public hearing. SECOND by Wippermann. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION APPROVING RACHELS WOOD PRELIMINARY PLAT. SECOND by Willcox. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. Mayor Napper opened the public hearing to consider a rezoning of property from AG Agriculture to WM Waste Management for the proposed Minnesota Industrial Containment Facility. The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1991 -40. City Administrator Jilk addressed a letter received from Ken Jackson, Senior Vice President of USPCI, in which he requested the public hearing and action by Council be continued to a later date. Director of Planning Lisa Freese advised the petition requested the rezoning of 80 acres of the 236 acre site from Agriculture to Waste Management. Freese noted the other 156 acres were rezoned to Waste Management at the time the new Zoning Ordinance was adopted in 1989. The Planning Commission recommended approval of the rezoning and will consider the provisions of the Interim Use Permit at its December 10, 1991 meeting. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 1991 Carey Perket, for USPCI, reiterated Mr. Jackson's request to continue the public hearing advising the company needs to further review permitting requirements by Dakota County, Minnesota Pollution Control Agency and the City. MOTION to recess the public hearing to January 7, 1992. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. MOTION by Napper to postpone action until completion of the public hearing. SECOND by Oxborough. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Mayor Napper opened the public hearing to consider a request to rezone property located at 14805 South Robert Trail from C -2 Community Commercial to C -3 Highway Service Commercial. Director of Planning Lisa Freese advised petitioner Dave McKinley, owner of Master Transmission, requested a rezoning to allow him to expand his auto service related business by adding a two bay service area in a separate building on the site. Director Freese reported on the Planning Commission unanimously recommending the petition for C -3 zoning be denied. The Planning commission further recommended that the City Council not consider any rezonings in this area until after the downtown development plan is complete; however, if a decision to rezone is made by the City Council, that C -4 General Commercial be considered as a more appropriate zoning district. See Clerk's File 1991 -40. Dave McKinley stated he has been trying to reach an agreement with the City on his expansion project for approximately two years, and that he should have been advised when the new Zoning Ordinance was adopted in 1989. MOTION by Napper to close public hearing. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Oxborough. Nays: 0. Council was of the consensus that C -4 zoning would be the appropriate zoning for the Master Transmission property and that the Economic Development Authority should exam the feasibility of assisting Mr. McKinley with public improvements required to meet the building and zoning code requirements for his proposal. Mr. McKinley advised he would be willing to meet with city staff. MOTION by Klassen to postpone action on C -3 rezoning petition and to initiate a zoning change to C -4 by the Planning Commission. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to request the Economic Development Authority to work with Mr. Mckinley with regards to possible economic development assistance. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 1991 Council continued discussion on the Armory Project. Public Works Director Ron Wasmund summarized the utilities options available for the Armory Project and preliminary costs. Wasmund advised cost participation will be shared through property assessments, armory project funds, core funds and storm water utility funds. Wasmund answered questions from the Council and advised funding options and costs analysis will be provided to Council at a future date. See Clerk's File 1991 -40. Public Works Director Ron Wasmund reviewed his report to Council dated November 26, 1991 with regards to storm water utility charges and recommended that Council set a public hearing for December 17, 1991. A general consensus was reached by Council that the newly elected officials be involved in the storm water utility public hearing. See Clerk's File 1991 -40. MOTION by Napper to set a public hearing to consider the storm water utility for January 21, 1992, at 8:00 p.m. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Director of Planning Lisa Freese requested Council approval to extend the Metropolitan Council ten -day review period on the City's Comprehensive Guide Plan Amendment No. 20, Clarification of Waste Management and Public and Institutional Uses. Because the Minnesota Pollution Control Agency denied the Dakota County Waste to Energy Facility Permit, Planning Director Freese advised this extension would provide adequate time for the City to become apprised of Dakota County's future course of action regarding the incinerator. See Clerk's File 1991 -40. MOTION by Napper to make a request to the Metropolitan Council for an extension to December 27, 1991 on Comprehensive Guide Plan Amendment No. 20. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Item 9(a) Set Public Hearing, Minnesota Industrial Containment Facility Interim Use Permit, was removed from the Agenda since Item 7, Minnesota Industrial Containment Facility Rezoning Public Hearing, was continued. City Administrator Stephan Jilk reviewed the proposed legal services contract with Hertogs, Fluegel, Sieben, Polk, Jones LaVerdiere for the years 1992 and 1993. Administrator Jilk pointed out some necessary changes to the draft contract. Jilk recommended tabling action on the contract until the Economic Development Authority has review it since their meeting was cancelled this evening. The Administrator was requested to include language in the contract that the city attorney must attend all City Council and Economic Development Authority meetings. Administrator Jilk advised he would have the contract on the December 17, 1991 Council agenda for further consideration. See Clerk's File 1991 -40. City Administrator Stephan Jilk presented his recommendation for a four percent adjustment to non -union employees base salaries on 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 3, 1991 January 1, 1992. Administrator Jilk advised there were no benefits changes for non -union employees and the 1992 benefits and salaries for public works employees and police officers have already been determined through contracts approved in 1990. See Clerk's File 1991 -40. MOTION by Napper to adopt A RESOLUTION OUTLINING NON -UNION EMPLOYEES SALARY AND BENEFITS FOR 1992. SECOND by Klassen. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Jilk updated Council on the action taken by the Utilities Commission to allow crediting late charges for approximately 130 utility customers and to direct staff to provide language to change the late charge penalty policy. The revised policy will provide customers an additional day or two days for payment if the due date falls on a weekend day. Administrator Jilk advised Council will be requested to consider approval of the revised policy at a future meeting. City Administrator Jilk provided an update on the request from Dakota County for the City to consider changing the name of County Road 38 through Apple Valley into Rosemount to Valley Wood Drive. The Cities of Burnsville, Apple Valley and Rosemount met and recommended to the County Board that County Road 38 should remain the name and each city would have the right to second sign. For example, in Rosemount, County Road 38 could also be signed 125th Street. MOTION by Napper to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTEST: Stephan Jilk, Citr Administrator 5 Respectfully submitted, „xi z2L4d Susan M. W lsh, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS ROSEMOUNT CITY PROCEEDINGS ECEMIER MEETING DECEMBER 5, 1991 REGULAR MEETING 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 5, 1991, at 6:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with Councilmembers Klassen, Oxborough and Willcox present. Councilmember Wippermann was absent. Also in attendance were department directors Aker,' Bechtold, May, Freese, Wasmund, Knutsen, Jilk and Assistant City Administrator VanderHeyden. Several residents were also attending. Mayor Napper led the group in the Pledge of Allegiance. Mayor Napper stated the purpose of the hearing was to consider the 1992 Operating Budget and the proposed 1992 Levy. See Clerks File 1991 -41. City Administrator Stephan Jilk did a presentation reviewing the proposed budget and levy, the changes in the tax laws and the history of the City's operating costs for 1986 through 1992. Questions and comments were taken. MOTION by Klassen to approve the RESOLUTION APPROVING THE 1992 GENERAL OPERATING BUDGETS, THE 1992 1996 CIP BUDGET AND THE 1992 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. SECOND by Napper. Ayes: 4. Nays: 0. MOTION by Napper to close the public hearing and adjourn. SECOND by Willcox. Ayes: 4. Nays: 0. Meeting adjourned at 7:20 p.m. ATTES Vernon J. app r, Mayor Respe fs ully, =ub S' ministrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 1991 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 17, 1991 at 7:30 p.m. in the Council Chambers. Mayor Napper called the meeting to order with Councilmembers Willcox, Wippermann, Oxborough and Klassen present. Mayor Napper led the group in the Pledge of Allegiance. Al Meyer, who was appointed to serve as the City's representative on the St. Paul South Light Rail Transit Corridor Advisory Committee, presented a summary on the status of light rail transit proposed for Ramsey and Dakota Counties. Mr. Meyer advised that although the advisory committee recommended initiation of an Environmental Impact Study, it has been decided to delay this study for possibly another three years. Mr. Meyer described the projected costs, proposed locations of the light rail transit corridor, and how this transit system could be funded through state and federal funding. Mayor Napper thanked Mr. Meyer for his involvement on the committee and the interesting information he provided. See Clerk's File 1991 -42. MOTION by Napper to approve the Consent Agenda as presented. SECOND by Klassen. MOTION by Napper to approve the Consent Agenda with the inclusion of the recommendation to promote Eric Day to the Maintenance Level II position. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991 -42. Poll of original motion: Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Administrator Stephan Jilk presented for Council consideration and approval a Contract for Deed, Loan Agreement and Lease Agreement regarding the purchase of the Sunrise Builders property in the amount of $316,000. Administrator Jilk advised the City would pay a $50,000 down payment, make monthly payments on $66,000 and make monthly payments on a first mortgage with First State Bank of Rosemount in the amount of $200,000. City Attorney Eric Short reviewed the proposed lease agreement for Mr. McDonough to make payments of $750 a month for his continued use of the property for up to three years. Following discussion by Council, Council agreed a reciprocal termination clause should be included in the lease agreement and that the City would pay the property taxes for 1993 and beyond. See Clerk's File 1991 -42. MOTION by Napper to approve the purchase agreements with Mike McDonough and the First State Bank of Rosemount for the purchase of the Sunrise Builders Property and the rental of the property to Mike McDonough at a rate of $750 per month for up to three years. SECOND by Willcox. Ayes: Napper, Oxborough, Willcox, Wippermann. Nays: Klassen. 1 Parks Recreation Director David Bechtold presented the Planning Commission's recommendation for approval of the Parks System Master Plan. Director Bechtold also presented an application to the Metropolitan Council for amendment to the City's Comprehensive Guide Plan. Bechtold advised approval by the Metropolitan Council will allow the master plan to become a part of the City's Guide Plan. See Clerk's File 1991 -42. MOTION by Napper to approve the Parks System Master Plan and to adopt A RESOLUTION AMENDING THE COMPREHENSIVE GUIDE PLAN OF THE CITY OF ROSEMOUNT TO INCLUDE THE COMPREHENSIVE PARK PLAN AND DEVELOPMENT GUIDE, COMPREHENSIVE GUIDE PLAN AMENDMENT NO. 21. SECOND by Klassen. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. City Administrator Stephan Jilk presented for council approval the Contract for Legal Services for the years 1992 and 1993 with the law firm of Hertogs, Fluegel, Sieben, Polk, Jones and LaVerdiere. Jilk advised the contract has been revised to reflect that attendance at City Council and Port Authority meetings by the city attorney as required but all other meetings will be at the discretion of the city administrator. Jilk further advised the Economic Development Authority passed a motion recommending approval of the two year contract. City Attorney Eric Short advised the council may revoke the contract at anytime during the two year period. See Clerk's File 1991- 42. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 1991 MOTION by Napper to approve the Legal Services Contract with the Hertogs, Fluegel, Sieben, Polk, Jones LaVerdiere, P.A. Law Firm of Hastings, Minnesota for 1992 and 1993 and to authorize the necessary signatures. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. Director of Planning Lisa Freese reviewed the Rachels Wood Final Plat which is a two -lot subdivision of approximately eleven acres situated on the west side of Dodd Boulevard just south of 120th Street West. The Planning Commission recommended approval of the final plat at its December 10, 1991 regular meeting. See Clerk's File 1991 -42. MOTION by Wippermann to adopt A RESOLUTION APPROVING RACHELS WOOD FINAL PLAT. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Assistant City Administrator Susan VanderHeyden requested Council consideration to adopt a resolution which is a compilation of various fees and rates for the year 1992. See Clerk's File 1991 -42. MOTION by Napper to adopt A RESOLUTION ESTABLISHING THE SCHEDULE OF RATES AND FEES FOR 1992. SECOND by Oxborough, Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 1991 City Administrator Stephan Jilk presented the resignation of Tracie Pechonick, economic development specialist, effective January 17, 1992. Administrator Jilk requested Council authorization to begin the replacement process by reviewing the aspects of the position. Administrator Jilk advised the Economic Development Authority at its meeting this evening decided they would like to discuss the replacement process at their next meeting on 1 -7 -92. See Clerk's File 1991 -42. MOTION by Napper to accept Tracie Pechonick's resignation with regret effective January 17, 1992 and to authorize the city administrator to begin the replacement process by reviewing staffing needs and bring a recommendation to Council by January 21, 1992. MOTION by Napper to adjourn. SECOND by Oxborough. Ayes: 5. Nays: 0. ATTES i lip S eph Jilk, y Administrator 3 Respectfully subitted, u�an M. alsh, City Clerk