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HomeMy WebLinkAbout32272 - JANUARY 1992 - APRIL 1993ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 7, 1992 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 7, 1992, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present. Mayor McMenomy led the group in the Pledge of Allegiance. Father Roach of St. Joseph Catholic Church offered the Invocation. Mayor McMenomy, who was sworn in this evening along with Councilmembers Wippermann and Staats, thanked the audience for attending the first meeting of the year. The agenda was amended to include Item 5(p) Payment No. 3, Country Hills 4th Addition, Item 9, City Hall Hours of Operation and Item 10(a) Legislative Position Papers. County Commissioner Steven Loeding congratulated the newly elected members of the Council and advised he looked forward to working with the City Council on several issues. Commissioner Loeding also provided an update on the election of officers for the Dakota County Board of Commissioners. Mayor McMenomy presented for discussion and approval the Consent Agenda. See Clerk's File 1992 -1. Discussion was held by Council with regards to the minutes of the December 17, 1991 regular council meeting concerning discussion and action on the Sunrise Builders property. Council reached a consensus the motion as drafted was correct, but the minutes should reflect that (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.) Councilmember Klassen addressed Item 5(e) Naming Depositories and Financial Institutions with regards to the Community Reinvestment Act. City Attorney Mike Miles advised that even though lending institutions are not required to lend funds back to a community, the City should take the opportunity to determine if banks can do so under their charters when making significant deposits. Councilmember Klassen advised she is in support of designating the "Farmington Independent" as the City's official newspaper but raised concerns regarding problems city staff has had with the management of the "Farmington Independent" and the "Rosemount Town Pages Councilmember Klassen felt these problems should be addressed before the City would enter into another contract. MOTION by Wippermann to approve the Consent Agenda with the changes to the December 17, 1991 Regular Council Meeting Minutes 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 7, 1992 and with the addition of Item 5(p) Payment #3, Country Hills 4th Addition. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Administrator Stephan Jilk advised Council that Mike McDonough, owner of Sunrise Builders, has informed the city attorney that a 90 -day reciprocal lease cancellation time period was acceptable to him. Administrator Jilk presented the revised lease agreement and noted the lease agreement reflects the city would pay the taxes owed on the property in 1993 and beyond. See Clerk's File 1992 -1. Mayor McMenomy questioned the need for the City to own this property and expressed his concerns about the purchase price of the property and the monthly rental payment of $750. Mayor McMenomy stated he felt the City needs to look at other priorities at this time that are more suited for the short term rather than the long term and look at other areas of the city for the purpose of acquiring land. MOTION by McMenomy that further consideration by Council should be given for the purchase of the Sunrise Builders before taking final action to complete this transaction and that final consideration be done at the January 21, 1992 regular council meeting. SECOND by Staats. Considerable discussion was held by Council. City Attorney Mike Miles advised the City has the authority to take an additional look at this matter at this point in time. Poll of Council: Ayes: McMenomy, Staats, Klassen. Nays: Wippermann, Willcox. Mayor McMenomy opened the public hearing to consider a rezoning petition from Minnesota Industrial Containment Facility. Mayor McMenomy advised the public hearing is a continuation of a hearing held on December 3, 1991. Director of Planning Lisa Freese advised the City Council approved the Comprehensive Guide Plan Amendment submitted by USPCI redesignating the land use of 156 acres located in the Pine Bend Industrial area from General Industrial to Waste Management. The rezoning petition submitted by USPCI requested the rezoning of the southeastern 80 acres of the 236 -acre site from Agricultural to Waste Management. Director of Planning Freese advised the Planning Commission recommended approval of the rezoning petition at its November 19, 1991 regular meeting. See Clerk's File 1992- 1. Representatives for USPCI provided background information on the project and reasons why Council should consider approving the rezoning petition at this time. Dan Aberg, Executive Director of the Northern Dakota County Chambers of Commerce, presented a letter and resolution adopted by the Rosemount Chamber of Commerce 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 7, 1992 dated August 15, 1989 supporting the USPCI project. See Clerk's File 1992 -1. MOTION by McMenomy to close the public hearing. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Councilmember Willcox opposed rezoning the 80 acres. Councilmember Willcox felt the project should be proven to be economically feasible and environmentally safe before rezoning the 80 acres. Councilmember Willcox also listed several other reasons why the petition should be denied and felt not zoning the 80 acres would provide the City with greater control over the project as opposed to a permit issued by the City. Staff noted the Interim Use Permit, if approved by Council, would be issued for five years, and it would be prudent for USPCI to successfully prove themselves in the operation of the initial cells. Staff further advised if the rezoning of the 80 acres were not approved, the berm around the project and storm water run -off would have to be addressed because work required on these would partially take place on property not now properly zoned. MOTION by McMenomy to adopt ORDINANCE NO. B -16, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Wippermann. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: Willcox. Public Works Director Ron Wasmund presented for Council consideration and approval a six month contract between the City and Michael Fricke for building inspector services. Mr. Fricke was introduced to the Council. See Clerk's File 1992 -1. MOTION by Wippermann to renew the Building Inspector Contract. SECOND by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Public Works Director Ron Wasmund presented an overview of the proposed storm water utility and noted a public hearing to consider this utility is scheduled for January 21, 1992, at 8:00 p.m. Wasmund advised rates to operate the storm water utility, if approved, would be billed quarterly and the proposed rates are projected to serve the needs of the city for a five year period. Public Works Director Wasmund referred to a list of several questions raised by residents at public meetings and by members of the Council, and staff's answers to these questions. Wasmund also addressed questions from the Council with regards to maintenance costs of rural areas in relation to the proposed storm water utility rates for these areas. See Clerk's File 1992 -1. MOTION by McMenomy to support the previous action of Council to hold a public hearing on January 21, 1992, at 8:00 p.m. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 7, 1992 By unanimous consent of the Council, a ten minute recess was called at 9:20 p.m. Councilmember Willcox requested that Council consider allowing business people who are nonresidents to serve on the Port Authority Board and that appointments to this board be delayed until the legal requirements are met to provide this opportunity. City Attorney Mike Miles advised there is no statutory authority that prohibits nonresidents to serve on this board, but advised the resolution establishing the Port Authority and the city policy for appointments would have to be amended to include nonresidents. John Loch, a nonresident business owner who applied for the Port Authority, informed Council he did not want this issue to delay appointments to the Port Authority and suggested that Council reconsider this issue prior to next year's appointment process. The Council concurred this items should be addressed by Council again within ninety days. See Clerk's File 1992 -1. Director of Planning Lisa Freese recommended that Council set a public hearing to consider the Interim Use Permit for Minnesota Industrial Containment Facility for February 4, 1992, at 8:00 p.m. Director of Planning Freese noted that USPCI representatives and city staff agreed to delay the hearing from January 21, 1992 to February 4, 1992 since additional time is needed to discuss the issues of the Interim Use Permit. See Clerk's File 1992 -1. MOTION by McMenomy to set a public hearing at 8:00 p.m., February 4, 1992, to consider the Interim Use Permit for Minnesota Industrial Containment Facility. SECOND by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Parks Recreation Director David Bechtold requested Council approval to extend the grant received from the Department of Trade and Economic Development for the funding of Jaycee Park from December 31, 1991 to December 31, 1992. See Clerk's File 1992 -1. MOTION by Wippermann to approve the request for an extension of the Jaycee Park Grant and to authorize the necessary signatures. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Discussion was held on an application received from Minnegasco for a franchise for the operation of a gas utility in the City of Rosemount. Administrator Stephan Jilk noted that Minnegasco has operated for several years in two small service areas in the City and want to formalize this operation and receive a franchise authorizing them to do so. Roger Lee from Peoples Natural requested that Council deny the franchise application and cited several reasons why multiple gas utility companies were not advantageous to the City. Mr. Lee referred to a formal letter of opposition on behalf of Peoples Natural Gas. See Clerk's File 1992 -1. 4 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 18, 1992 Consensus was reached that the Mayor and one other council member should sit on the Port Authority Board. The City Council then discussed all citizen applicants to the Port Authority Board and reached consensus that the following should be appointed: John Edwards 5 years, Don Sinnwell 4 years, Joan Anderson 3 years, Ed Dunn 2 years, and Bill Mawe 1 year. Consensus was also reached that Dennis Wippermann would fill the other council member position and that the Mayor and council members' terms would be six years. The Council then discussed and reached consensus on the Planning Commission positions. There is a full 1 year term open and a partial 2 year term available due to the appointment of John Edwards to the Port Authority. consensus was reached to reappoint Kurt Gundacker to a 3 year term and Jay Baago to the remaining 2 years of John Edwards' term. The Council discussed the terms of the Parks and Recreation Committee and consensus was reached that the terms should be revised so that the expiration dates will provide a more balanced turnover and so one term which did run from January, 1989 to December, 1991 would for one term, become a one year term ending January, 1993. There would also be a one year term for replacing Del Lorentzson and completing his three year term. The Council then agreed on four appointees with the following terms for the Parks and Recreation Committee: Linda Ladzun Dave Giliuson Jerry Puciaty Tom Reller 3 1 year 1 year 3 years years expires 1 -31 -93 expires 1 -31 -93 expires 1 -31 -95 expires 1 -31 -95 Council also directed City Administrator to review necessary action to revise Parks and Recreation Committee length of terms and provide that information to Council for action. The Council's final consideration was for the Utilities /Cable Commission and agreed that John Oxborough should be appointed for a 3 year term. Council further agreed that combining the Utilities and Cable Commission would be a good idea and asked the Administrator to review that idea with the Utilities Commission. Council will take formal action Regular City Council Meeting on MOTION by Willcox to adjourn. was adjourned at 10:06 A.M.. on the proposed appointees at the January 21, 1992. Second by Wippermann. The meeting 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 18, 1992 ATTEST: As /fl-c E.B. McMenomy Mayor ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1992 3 Resp -ctful y s Ste. an Jil City Administrator 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 21, 1992, at 7:30 p.m. in the Council Chamber at City Hall. Mayor McMenomy called the meeting to order with all members present. Mayor McMenomy led the group in the Pledge of Allegiance. The agenda was amended to include Item 10(a) Recent News Article in Local Newspaper and Item 11(a) Town Hall Meeting by Representative Ozment. Director of Planning Lisa Freese reported on the notification received from the Metropolitan Council who advised the City may place into effect the Comprehensive Guide Plan Amendment clarifying the definition of Waste Management and Public /Institutional Uses. Director Freese recommended the City Council take no action on the amendment at this time since the Dakota County Incinerator is on hold. See Clerk's File 1992 -4. Director of Planning Lisa Freese informed the City Council of the Metropolitan Council's selection of the "Dakota" search area as the final search area for a potential site for a new metropolitan airport. Council requested Director Freese to arrange a meeting with a Metropolitan Council staff person to review guidelines and the proposed site selection process. See Clerk's File 1992 -4. Council discussed Item 4(g) of the Consent Agenda and agreed the March 3, 1992 Regular Council Meeting should be changed to March 2, 1992 rather than March 4, 1992 which is Ash Wednesday. MOTION by Willcox to approve the Consent Agenda subject to the correction of Item 4(g). SECOND by Wippermann. Ayes: Willcox. 1 Parks and Recreation Committee: Linda Ladzun. Planning Commission: Linda Ladzun. Following the final interview the council took up discussion on completing the selection process. Mayor McMenomy then called for a special council meeting for Saturday, January 18th at 8:00 A.M. to have the council complete the final selection of appointees. The council also discussed the setting up of a goal setting session for the city council and the city staff and a separate meeting to meet with the city administrator to discuss goals and administration. The date for the meeting with the administrator would be first and consensus was reached that the nigh of January 28th would be appropriate for that purpose. The administrator was directed to develop a proposal for the conducting of a goal setting session with the council and staff for a later time. MOTION by Willcox to adjourn. Second by McMenomy. The meeting was adjourned at 9:15 P.M.. ATTEST: 4 /14.c A t2.14.407- 7 E.B. McMenomy Mayor Respectfully submitted, X) Stephan Ji City Administrator 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 14, 1992 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 16, 1992 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, January 16, 1992, at 6:30 P.M. in the Council Chambers at City Hall. Mayor McMenomy opened the meeting at 6:30 P.M. with all council members present. He then declared that the purpose of the meeting was to interview several applicants for positions on the Rosemount Port Authority and other commissions or committees. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 16, 1992 The Council then interviewed the persons for the stated positions: Port Authority: Bill Mawe, John Oxborough, Don Sinnwell, and Joe Walsh. Parks and Recreation Committee: Jay Baago, Dave Giliusons, and Jerry Puciaty. Planning Commission: Jay Baago and Kurt Gundacker. Utilities Commission: John Oxborough. Following the final interview the council took up discussion o completing the selection process on Saturday, January 18, 1992. MOTION by Willcox to adjourn. Second by Staats. The meeting was adjourned at 9:05 P.M.. ATTEST: E.B. McMenomy Mayor ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 18, 1992 Respe tfully submit 2 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Saturday, January 18, 1992, at 8:00 A.M. in the Council Chambers at City Hall. Mayor McMenomy opened the meeting at 8:00 A.M. with all council members present. He then declared that the purpose of the meeting was to complete the interviews for positions on the Rosemount Port Authority and other commissions and committees. The Council then interviewed Tom Reller for a position on the Parks and Recreation Committee. Discussion was then held on the Port Authority appointments and how many council members should sit on the Board. 1 MOTION by McMenomy to defer action on the Minnegasco franchise request to the January 21, 1992 Regular Council Meeting. SECOND by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Mayor McMenomy requested that Council address the possibility of changing the hours of operation of City Hall and that staff research and present any impacts on staff if the hours were changed. City Administrator Jilk provided to Council legislative position papers developed by the Dakota County Administrators group and asked the Council to provide their input on these issues. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Respe lly sllbmitted, ctf i ATTES.: Steph Administrator 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 7, 1992 san M. Walsh, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 14, 1992 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 14, 1992, at 5:00 p.m. in the Council Chambers at City Hall. The purpose of the meeting was that Council wanted to discuss their ideas on the focus that the new Port Authority should take and what they were looking for in the appointees to the Port Authority. Mayor McMenomy opened the meeting at 5:22 P.M. with all council members and City Administrator Jilk present. Administrator Jilk reviewed the process the City followed in the establishment of the new Port Authority including the City's attempt to get special legislation passed for special tax increment projects and the adoption of the special legislation in 1991 allowing the city to become a Port Authority. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 14, 1992 The Council discussed their individual ideas on what they thought the emphasis should be for the new Port Authority. They also indicated the qualities they each would like to see in Port Authority members. These qualities included but were not limited to: someone that would represent all the views of the community, someone that would not tend to polarize any segment of the community, people from many walks of life, and someone that would work well in groups. The Council also discussed how many council members that they would like to see or that they thought would be appropriate on the Port Authority. The State Statutes establishing the Rosemount Port Authority require that "at least two" members will be council members. No consensus was reached on this issue. MOTION by Wippermann to adjourn the meeting. Second by Klassen. Adjourned at 6:20 P.M.. ATTEST: 8 E.B. McMenomy Mayor ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 14, 1992 2 Respectfully submitted, 1 an Ji City Administrator 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 14, 1992, at 6:30 P.M. in the Council Chambers at City Hall. mayor McMenomy opened the meeting at 6:30 P.M. with all council members present. He then declared that the purpose of the meeting was to interview several applicants for positions on the Rosemount Port Authority and other commissions or committees. The Council then interviewed the persons for the stated positions: Port Authority: Joan Anderson, Cathy Busho, Linda Ladzun, Eno Cisewski, Ed Dunn, John Edwards, Keith Holm and Dirk Holman. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1992 Wippermann, McMenomy, Staats, Klassen. Nays: 0. See Clerk's File 1992 -4. The Council discussed the Sunrise Builders property acquisition. City Attorney Mike Miles reaffirmed his legal opinion rendered at the January 7, 1992 Regular Council Meeting that the City Council may give further consideration to the purchase of the property. Council discussion included comments from the Council that the City has no use for the property at this time, and there are other avenues to follow to fit the City's short term and long terms needs at this time. See Clerk's File 19912 -4. Attorney David Albright, representing the owner of Sunrise Builders, Inc. informed Council the potential risk on behalf of the City if the City Council did not proceed with the completion of the purchase of the property. MOTION by Klassen to advise Mr. Mike McDonough that the City is not interested in the purchase of the Sunrise Builders property and does not intend to complete any purchase agreement for that property at this time. SECOND by McMenomy. Ayes: McMenomy, Staats, Klassen. Nays: Wippermann, Willcox. Mayor McMenomy opened the public hearing to consider the rezoning of Master Transmission property located at 14805 South Robert Trail from C -2 community Commercial to C -4 General Commercial. The city clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1992 -4. Director of Planning Lisa Freese reported on the action taken by the City Council to initiate a rezoning to C -4 General Commercial on this property, and the Planning Commission's unanimous recommendation to approve the rezoning from C -2 to C -4. Discussion was held by Council in C -2 zoning districts of the the Downtown Plan. City staff completed in approximately six study and plan. on other non conforming businesses City and the necessity of pursuing estimated the plan could be months if Council approves the There were no objections or concerns presented from the audience. MOTION by Willcox to close the public hearing. SECOND by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Klassen to adopt ORDINANCE B -17, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. By unanimous consent a ten minute recess was called by Council with the meeting continuing at 8:30 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1992 Mayor McMenomy opened the public hearing to consider adoption of a Storm Water Utility. The city clerk presented for the record the Affidavit of Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1992 -4. Public Works Director Ron Wasmund explained the theory of storm water and the benefits to the community by charging a user fee based on stormwater runoff volumes and rates. Director Wasmund explained how the storm water utility fee would be used for the funding of replacing older storm water systems as well as maintaining the city's storm water system. Wasmund also explained how collection charges are used for funding new development. Wasmund presented the proposed rates for different areas of the city from single family to undeveloped agricultural land and provided an overview comparing projected revenue to expenses for first year of operation. See Clerk's File 1992 -4. The public works director answered several questions from the audience following his presentation. Members of the audience felt the proposed storm water utility provided no benefit to their properties and that farmers should not be charged for their farm land. MOTION by McMenomy to close the public hearing. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Discussion was held by Council on whether or not golf courses and cemeteries should be included in the storm water utility and whether agricultural land and rural residential properties should be charged on a per acre basis. Following consideration discussion, Council concurred agricultural and rural residential zoned properties should be charged the single family rate of $4.88 plus $.10 an acre based on the maximum density requirements. MOTION by Willcox to director staff to prepare the final ordinance for adoption of the storm water utility based on the proposed rates presented by the public works director with the exception of agricultural and rural residential properties which will be based upon the single family rate plus ten cents an acre based upon maximum density requirements. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. A ten minute recess was called with the meeting continuing at 10:15 p.m. Council discussed the application from Minnegasco, a Division of ARKLA, Inc. to receive a franchise for the operation of a gas utility in the City. City Administration Stephan Jilk reported that Minnegasco has operated with in the City since 1961 and serves 13 customers in an area along 160th Street just east of the City of Coates to which they also serve customers. Administrator Jilk referred to a service area designation map for the three gas 3 1 MOTION by McMenomy to support the legislative position statements as drafted for action in 1992. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. City Administrator Jilk brought to the Council's attention an article in the January 17, 1992 "Rosemount Town Pages" which incorrectly reported that Koch Refining Company and the University of Minnesota Agricultural Experiment Station recently received hazardous waste treatments, storage and disposal permits. Administrator Jilk advised the article was incorrectly reported from a press release issued by the MPCA which announced that all such permits were finally granted. Koch Refining and the University had received these permits in previous years. Jilk reported the newspaper has been requested to make a correction in their next issue. The City Council were informed that Representative Ozment will hold a town meeting at City Hall on February 3, 1992. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: 5. Nays: 0. ATTEST: teph Jilk, Administrator 6 1) Inter Council relationship ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1992 Respectfully subm tted, Sus n M. W&l.sh, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 28, 1992 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 28, 1992, at 5:00 p.m. at the Burnsville Holiday Inn. Mayor McMenomy called the meeting to order at 5:00 p.m. and advised the council that the purpose of this special council meeting was listed on the draft agenda (see below) and that the council would take each matter up for consideration and discussion. Purpose: For the City Council to discuss with the City Administrator certain issues including, but not limited to: 2) City Council issues including per diem pay, agenda preparation, and council meetings and workshops ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 28, 1992 3) Administrator /City Council relationship 4) Goals for the Council /Administrator in the next year 5) Staffing issues 6) Major projects and issues facing the council 7) Council and staff goal setting and team building program 8) Future Council /City Administration meetings. The City Council and Administrator discussed each of these issues, took a break for a meal at 6:30 p.m. and reconvened at 8:16 p.m.. MOTION by Willcox to adjourn at 10:32 p.m.. Second by Staats. Respe tfully submitted, ATTEST: 0 E.B. McMenomy Mayor ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 4, 1992 2 Ste an Jil City Administrator 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 4, 1992, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with all members present. Mayor McMenomy led the group in the Pledge of Allegiance. The agenda was amended to delete Item 9(a) Kady's Liquor License Amendment Request. Assistant Planner Richard Pearson, who began working for the City on January 22, 1992, was introduced to the Council. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1992 companies serving the City noting the map has not been formally adopted but will be in the future. See Clerk's File 1992 -4. Gerard Lovell, District Manager of Peoples Natural Gas, requested that Council restrict the franchise to the area in which Minnegasco currently operates. Kim Roden of Minnegasco advised Minnegasco has been operating under a permit for approximately 30 years, and the permitting process would restrict the company from expanding. MOTION by Klassen to adopt AN ORDINANCE GRANTING TO MINNEGASCO, A DIVISION OF ARRLA, INC., A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSE OF INSTALLING, ENLARGING, OPERATING, REPAIRING, AND MAINTAINING IN THE CITY OF ROSEMOUNT, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO SAID CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH SAID CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. SECOND by Wippermann. Ayes: Wippermann, McMenomy, Klassen. Nays: Willcox, Staats. City Administrator Stephan Jilk updated the City Council on the economic development specialist positions suggesting that discussion take place with the new Port Authority members before final decisions are made on the position. No action was taken by the City Council. See Clerk's File 1992 -4. Public Works Director Ron Wasmund presented information on the hiring process for city engineer /assistant public works director and recommended the hiring of Henry Osmundson with a starting date of February 17, 1992. See Clerk's File 1992 -4. MOTION by Klassen to approve the hiring of Henry "Bud" Osmundson as city engineer /assistant public works director, effective February 17, 1992 with a benefit package as outlined in the letter of employment offer, subject to successful employment physical. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: Willcox. City Administrator Stephan Jilk presented the recommendation to hire Richard Pearson for the position of assistant planner with an effective date of January 22, 1992. See Clerk's File 1992 -4. MOTION by McMenomy to approve the hiring of Richard Pearson to the position of assistant planner with a beginning salary of $29,000. SECOND by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Police Chief Lyle Knutsen presented his recommendation to hire Timothy Murphy as a police officer with an effective starting date on or about February 1, 1992. See Clerk's File 1992 -4. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 21, 1992 MOTION by Wippermann to approve the hiring of Timothy Murphy as a police officer for the City of Rosemount subject to a successful completion of his pre employment physical. SECOND by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. The City Council discussed the request from the police department for authorization to purchase two police vehicles. Police Chief Knutsen advised the purchase would be for two 1992 Ford Crown Victoria squad cars which would be purchased through the Hennepin County bidding process at a cost of $12,769 each. See Clerk's File 1992 -4. MOTION by Staats to authorize the purchase and set- up of two police vehicles with expenditures from the 1992 CIP. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Mayor McMenomy summarized the interview and selection process for filing vacancies on the city's commissions and recommended the following appointments: Planning Commission: Kurt Gundacker 3 years Jay Baago 2 years Utilities Commission: John Oxborough 3 years Parks Recreation Committee: Tom Reller 3 years Jerry Puciaty 3 years Dave Giliusons 1 year Linda Ladzun 1 year Port Authority: Dennis Wippermann 6 years E. B. McMenomy 6 years John Edwards 5 years Don Sinnwell 4 years Joan Anderson 3 years Ed Dunn 2 years Bill Mawe 1 year. MOTION by Wippermann to approve the appointments to all city committees, commissions and the Port Authority as presented. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Administrator Jilk reviewed the legislative position statements prepared by the Dakota County Administrators. Administrator Jilk advised the position statements represent a united front of support from city councils and the county board. A breakfast is scheduled for February 14, 1992 when the statements will be formally presented to the Dakota County legislative delegation. See Clerk's File 1992 -4. 5 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Monday, February 1, 1993, at 6:30 p.m. in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present and City Administrator Jilk. The purpose of the meeting was to continue evaluation of the City Administrator from the December 10, 1992, special meeting. The Council and Mayor individually reviewed their written evaluations of the Administrator. Each Councilmember presented compliments and concerns about the performance of the City Administrator. The Council and Administrator agreed to meet again on March 3, 1993 to continue the discussion and to have written reviews done at that time. MOTION by McMenomy to adjourn. Second by Staats. Ayes: 5. Nays: None. The meeting was adjourned at 8:00 p.m, ATTEST: E.B. McMenomy, Mayor ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING FEBRUARY 1, 1993 Resp ctfully submitted, Ste: an J City Administrator 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 4, 1992 Police Officer Timothy Murphy was introduced to the Council. Officer Murphy began his employment with the City on January 27, 1992. RAAA President Tom Neumann and RAAA Board Member Terry Langager thanked the City Council for the City's past support of the organization's activities and for the facilities and maintenance the City has provided. They also extended their appreciation to the City's Parks Recreation Department staff for their cooperation and involvement with the RAAA. See Clerk's File 1992 -6. MOTION by McMenomy to approve the Consent Agenda as presented. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Mayor McMenomy opened the public hearing scheduled at this time to consider a rezoning petition from Conny Wenzel. The city clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1992 -6. Director of Planning Lisa Freese advised the petitioner Conny Wenzel requested to rezone a ten acre parcel from Agriewed the vehicle towing and impoundment specifications noting the changes that were made as a result of discussion at the April 7, 1992 Council meeting. Representatives from AAA Salvage and Magnum Towing provided input on the proposed specifications. Discussion was held by Council on the bidding process and what percentages should be considered for the different components of the bid proposal. Council concurred the Police Chief should determine the bid percentages of the various bid components before advertising for the bids. See Clerk's File 1992 -18. MOTION by McMenomy to approve the Vehicle Towing and Impoundment Services Specification and related contract documents and to authorize advertising of bids with an opening date on June 1, 1992, at 10:00 a.m., subject to amendments to the bid proposal form. SECOND by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. Council discussion was held on the Lance Johnson mining permit for his property located on the west side of Rich Valley Boulevard. City Attorney Mike Miles recommended that Bituminous Roadway be permitted to post the bond for the entire period in the amount of $68,000 subject to the surety agreeing to this arrangement and that the surety agree to be responsible for any problems arising from the property. Council discussed the request to have the hours of operation from 7:00 a.m. to 8:00 p.m. rather than 7:00 a.m. to 7:00 p.m. Council agreed that because of the location of the mining operation, the additional hour should be permitted, but noted this specific instance should ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 4, 1992 not be considered as setting a precedence by other mining operations. See Clerk's File 1992 -18. MOTION to approve the Lance Johnson mining permit subject to the mining conditions and to authorize the execution of the permit. SECOND by McMenomy. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. Council discussed the vehicles and equipment purchases recommendation from Public Works Director Ron Wasmund. Councilmember Staats recommended the Fire Department 3/4 ton truck be considered as a trade -in and the 1984 LTD be salvaged rather than used as a trade -in. See Clerk's File 1992 -18. MOTION by Klassen to approve the award for equipment purchases and re- advertise bids for 1992 vehicle and equipment purchases as outlined in the Public Works Director's memorandum dated April 2, 1992. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. Council reviewed the recommendations received from the city administrator regarding the process for holding a referendum this fall to purchase certain equipment and to construct a new fire station. Architect Charles Novak advised Council of his opposition to the city administrator's recommendation to negotiate a contract with Boarman and Associates for the design referendum approval and construction of the proposed fire station and remodelling. Mr. Novak felt consideration should be given to his firm since he was a local business owner. Administrator Jilk advised his recommendation was based upon his knowledge that Boarman and Associates worked very well with the citizens advisory group and that he is confident the movement from the facilities needs study to the design and construction phase will cause some cost savings if the same firm is used. See Clerk's File 1992 -18. Council discussed the administrator's request to proceed with getting appraisals and an option on the land for the new fire station. Considerable discussion was held on the location for the proposed fire station and whether other locations should be considered besides the location specified in the Fire Station Study. Council agreed to table action on this request until the May 19, 1992 Council meeting. See Clerk's File 1992 -18. MOTION by McMenomy to approve the recommended action for Item A subject to including a request for proposals with a qualification element to the request for proposal, to approve Item B and to table action on Item C. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. Council reviewed the recommendations from the City Administrator regarding promotions within the Administration Department and the hiring of a receptionist. See Clerk's File 1992 -18. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 4, 1992 MOTION by Klassen to approve the recommendations in the City Administrator's memorandum of May 1, 1992, outlining promotions and hiring to revise the Administration Department. SECOND by McMenomy. Ayes: Staats, Klassen, Wippermann, McMenomy. Public Works Director Ron Wasmund requested Council approval to hire Douglas Aldrich for the position of Mechanic I with a starting date of May 18, 1992. See Clerk's File 1992 -18. MOTION by Klassen to approve the hiring of Douglas Aldrich as a Mechanic I with salaries and benefits as outlined in the Public Works Director's memorandum subject to a successful pre- employment physical and driver's license check. SECOND by Wippermann. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. Director of Planning Lisa Freese requesting the hiring of Marie Darling as a Planning Intern with a starting date on or about May 20, 1992. See Clerk's File 1992 -18. MOTION by Klassen to approve the employment of Marie Darling as Planning Intern for twelve weeks with the total salary not to exceed $3,840. SECOND by Staats. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. Discussion was held by Council on the contract for architectural services to build a shelter at Jaycee Park. Parks Recreation Director David Bechtold recommended the services of Schwarz /Weber Architects, Inc. of Minneapolis, Minnesota. Neil Weber from this firm advised construction would begin around September 1st. See Clerk's File 1992 -18. MOTION by Staats to approve and award the contract to Schwarz /Weber Architects, Inc. for the amount of $9,750.00 to design and carry out the architectural services for the Jaycee Park shelter and to authorize funding from Account Number 202- 49002 -01 -521. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. Public Works Director Ron Wasmund requested Council authorization to expend an amount of $10,860.00 from CIP reserves for the repair of the City Hall roof and cosmetic ancillary repairs on the interior of City Hall. See Clerk's File 1992 -18. MOTION by McMenomy to approve expenditure of $10,860.00 from Account Number 202- 49002 -01 -538 for the roof and ancillary repairs to City Hall subject to the City Attorney reviewing all available legal options. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. Director of Parks Recreation David Bechtold presented for Council consideration the plans and specifications for play equipment for Jaycee Park and requested authorization to 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 4, 1992 advertise for bids with a bid opening date of May 19, 1992 at 10:00 a.m. See Clerk's File 1992 -18. MOTION by Wippermann to approve the plans and specifications and to authorize the advertising for bids for play equipment for Jaycee Park. SECOND by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. Director of Planning Lisa Freese reviewed several proposed text amendments to the Zoning Ordinance and the Subdivision Ordinance and requested that Council scheduled a public hearing for consideration of these changes. See Clerk's File 1992 -18. MOTION by Klassen to set a public hearing at 8:00 p.m., on May 19, 1992, to consider text amendments to Ordinance B and Ordinance XVII.4. SECOND by McMenomy. Ayes: Klassen, Wippermann, McMenomy, Staats Nays: 0. City Administrator Stephan Jilk informed Council of the final selection by Kemira to locate its hydrogen peroxide plant in Green Bay, Wisconsin. City Administrator informed Council the newly enacted State Sales Tax could cost the city approximately $60,000 between June 1, 1992 and December 31, 1992. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: 4. Nays: 0. ATTEST: teph Jilk y Administrator Respec u1l y /�J subb mi t 5 Susan M. Wp1 sh, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING FEBRUARY 10, 1992 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Monday, February 10, 1992, at 7:35 p.m. in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Willcox, and Wippermann present. Councilmember Staats had an excused absence. Also present were Stephan Jilk, City Administrator and David Grannis, City Attorney. Mayor McMenomy advised that the purpose of the meeting was to meet to discuss litigation matters as follows: 1. The issue of the courts decision on two of the appeals to the assessments on Hawkins Pond Project 176. These two cases ruled in favor of the appellants Mr. Willcox and Mr. Cope. ATTEST: The Council discussed alternatives open to the City now that the court ruled on these two cases. 2. The issue of condemnation of certain properties owned by the First Baptist Church of rosemount for sewer, water and stormwater easements. The Court having determined an award for these easements the First Baptist Church has appealed the award. The City must determine its next step. Both of these matters were reviewed with the City Attorney and following the conclusion of these discussion the meeting was adjourned. MOTION by Wippermann to adjourn. Second by Klassen. Ayes: 4. Nays: 0. The meeting was adjourned at 8:45 p.m.. af 45 %ts441A E.B. McMenomy, Mayor Respe tfully submitted Step an Jilk Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 18, 1992 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 18, 1992, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with all members present. Mayor McMenomy led the group in the Pledge of Allegiance. New employee, Henry "Bud" Osmundson, was introduced to the City Council. Mr. Osmundson began work with the City on February 17, 1992 in the position of City Engineer /Assistant Public Works Director. See Clerk's File 1992 -8. Executive Director Mark Hoisser of DARTS presented an overview of the DARTS Transportation and Social Service Programs provided by this organization. See Clerk's File 1992 -8. Fire Chief Scott Aker updated the City Council on the condition of the fire department's aerial truck advising the City is spending between $5,000 to $10,000 annually on repairs. Aker noted the aerial truck, which was purchased in the early 1970's, does not meet the current needs of the city, and the age and condition raises some safety issues for the public and the firefighters. Fire Chief Aker referred to his request at this meeting to repair the truck at an estimated cost of $7,000 which amount will deplete his repair budgets and possibly cause an overage of his overall department budget. Fire Chief Aker recommended the aerial truck purchase be included in a referendum for a facility expansion proposal. See Clerk's File 1992 -8. Mayor McMenomy opened the public hearing scheduled at this time to consider the public improvements for West Ridge 4th Addition. The city clerk presented for the record the Affidavits of Publication and Affidavits of Mailed and Posted Hearing Notice. See Clerk's File 1992 -8. Public Works Director Ron Wasmund provided the costs for the utility improvements for 32 lots in the West Ridge 4th Addition. Wasmund advised the project is 100 percent assessable less the core costs for sanitary sewer and storm sewer. No objections or concerns were expressed by the audience. MOTION by Willcox to close the public hearing. SECOND by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Willcox to adopt A RESOLUTION TO APPROVE WEST RIDGE 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, PROJECT 223. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Mayor McMenomy opened the public hearing to consider the improvements for Shannon Hills 3rd Addition. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 18, 1992 The city clerk presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1992 -8. Public Works Director Ron Wasmund reviewed the improvements for the project for 26 lots in Shannon Hills 3rd Addition. Wasmund advised the total estimated costs is $344,400 which will be assessed to the 26 lots in the subdivision at $13,246 per lot. See Clerk'S File 1992 -8. There were no objections or concerns raised by the audience. MOTION by Klassen to close the public hearing. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Klassen to adopt A RESOLUTION TO APPROVE SHANNON HILLS 3RD ADDITION STREET AND UTILITY IMPROVEMENTS, PROJECT 225. SECOND by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Discussion continued on Fire Chief Aker's report on the cost of maintaining the present aerial truck and other major cost items such as an automatic defibrillator and Emergency Vehicle Pre Emption Systems (EVP). It was requested from the Council that city staff prepare a report on the overall costs for items like these. Following further discussion, the Council concurred they did not want the fire department to forego optional training of staff as a means of paying for the $7,000 repair bill. Council agreed to discuss funding of this repair under old business. MOTION by Willcox to approve the Consent Agenda subject to moving Item 4(f) Expenditure for Aerial Pump Truck Repairs to Old Business and Item 4(p) Encumbrance of 1992 Budget Items Forward to 1992 under New Business of the Agenda. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Assistant Planner Rick Pearson advised the City Council that Conny Wenzel had completed the percolation tests for the two five acre parcels Council considered rezoning at a public hearing held on February 4, 1992. Pearson reported the percolation tests indicated the parcels resulting from a lot split are capable of being developed with septic systems. See Clerk's File 1992 -8. MOTION by Wippermann to adopt ORDINANCE B -19, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION APPROVING A METES AND BOUNDS DIVISION OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BACARDI AVENUE AND THE PROPOSED 130TH STREET ALIGNMENT. SECOND by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Council reviewed the proposals received from two architectural firms regarding preparation of the plans and specifications for ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 18, 1992 the re- roofing of the fire hall, Well #3 and Well #6. Council directed the public works director to ascertain whether the contractor, who repaired the roof in 1991, provided a bonded roof guarantee. See Clerk's File 1992 -8. MOTION by McMenomy to approve the proposal and authorize staff to enter into a contract with Vanney Associates to prepare plans and specifications for re- roofing the Fire Hall, Well #3 and Well #6 for a cost not to exceed $2,750, providing there is no contract or guaranteed in effect from past repairs. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Under old business, Council continued discussion on what fund the repairs for the aerial truck should be expended. MOTION by Willcox to allow the fire department to engage the services of Emergency Apparatus Maintenance to repair the pump on the aerial truck at an estimated cost of $7,000 and to direct the city administrator to recommend, when the bill is received, what other funds could be used for this expense. SECOND by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by McMenomy to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATION FOR WEST RIDGE 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 223. SECOND by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. See Clerk's File 1992 -8. MOTION by Willcox to adopt A RESOLUTION ORDERING THE PLANS AND SPECIFICATIONS FOR SHANNON HILLS 3RD ADDITION STREET AND UTILITY IMPROVEMENTS, PROJECT 225. SECOND by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. See Clerk's File 1992 -7. Public Works Director Ron Wasmund presented for Council's consideration a Traffic Control Agreement for the installation of a traffic signal at the intersection of Highway 3 and County Road 42 and an Agency Agreement for the relocation of City utilities at a cost to the City of $24,149.77. The agreements are necessary for the Minnesota Department of Transportation (MNDOT) to reconstruct Highway 3 from a point approximately 100 feet south of 160th Street West and approximately 700 feet north of County Road 42. Public Works Director Ron Wasmund recommended the Emergency Vehicle Pre Emption System (EVP) not be installed at this time although the signal will be constructed to allow for installment of an EVP. Wasmund informed the City Council that if Council deems it necessary to install the EVP prior to the installation of the traffic signal, an executive change order would allow this to occur. See Clerk's File 1992 -8. MOTION by McMenomy to authorize execution of an agreement between MNDOT, Dakota County and the City for signalization of Highway 3 at County Road 42 and to authorize execution of an Agency Agreement between the State of Minnesota and the City of Rosemount. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. 1 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 18, 1992 Finance Director Jeff May requested the City Council to consider other investment options such as treasuries and mortgage- backed securities. Director May also requested the City Council begin considering a Finance Committee. Following discussion on this item, Council agreed to table any action until further information is obtained. See Clerk's File 1992 -8. Councilmember Willcox discussed his concerns with regards to encumbering $30,000 for an account designated as Twin Puddles Shelter since he felt the primary function of this area is as a holding pond rather than as a park. Parks Recreation Director David Bechtold recommended the $30,000 be identified as use for other shelters since it is the intention of the Parks and Recreation Committee to build a smaller shelter at sometime in the future. Following further discussion, a consensus was reached by the Council to designate the carryover funds as park shelters rather than Twin Puddles Shelter. See Clerk's File 1992 -8. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE ENCUMBRANCE OF CERTAIN 1991 BUDGET ITEMS TO 1992 subject to designating fund 202- 49002 -01 -530 as "park shelters." SECOND by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Mayor McMenomy proclaimed the week of March 9 -15, 1992 as "SUPPORT YOUR CHAMBER OF COMMERCE WEEK." Mayor McMenomy proclaimed the week of March 1 -8, 1992 as "VOLUNTEERS OF AMERICA WEEK IN ROSEMOUNT." MOTION by McMenomy to approve the appointment of Dennis Wippermann to the position of Acting Mayor for the City of Rosemount. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. The meeting adjourned at 9:30 p.m. Respectfully subm \tted, Susan M. %zflsh, City Clerk ATTEST: f'y E. B. McMenomy, Mayor 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1992 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Monday, March 2, 1992, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with all members present. Mayor McMenomy led the group in the Pledge of Allegiance. A representative of SOAR (Stop Our Airport Relocation), Kevin Carroll, provided an overview of the organization and asked the City Council to support six specific areas. Following Council discussion of SOAR's activities and SOAR's support of proposed legislation concerning the airport relocation issue, Council concurred with some of their recent projects and undertakings. Council further concurred a formal position should be adopted by the Council in opposition to the airport and that this position and other airport issues be discussed at the Special Council Meeting scheduled for March 10, 1992. See Clerk's File 1992 -9. MOTION by McMenomy to approve Mike Reis as Assistant Fire Chief and Dan Corrigan as Secretary for the Rosemount Fire Department. SECOND by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Administrator Stephan Jilk administered the oath of office to Fire Chief Scott Aker and Assistant Fire Chief Mike Reis. Dan Corrigan was unable to be present at the Council Meeting and will be sworn in at a later time. Public Works Director Ron Wasmund advised the Storm Plan should be approved by the Utilities Commission 1992 and will then be presented to the City Council consideration at the March 17, 1992 Regular Council Clerk's File 1992 -9. Water Utility on March 9, for their Meeting. See The City Council reviewed the Consent Agenda as presented and requested that Item 4(k) Notification of Receipt of Loan /Amendment of Budgets and Item 4(m) Parks Recreation Training be discussed under Old Business. See Clerk's File 1992 -9. MOTION by Wippermann to approve the Consent Agenda with the removal of Item 4(k) and Item 4(m). SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Council reviewed the bids received on February 24, 1992 for various vehicles and equipment. Public Works Director Ron Wasmund requested the Council's authorization to re- advertise for vehicles for which the City received no bid or one bid and to also re- advertise for a skid -steer loader since it was determined the bids submitted did not meet the specifications. Representatives from two companies who submitted bids on the skid -steer loader objected to the re- advertisement of bids. Members of the Council expressed concerns about purchasing some 1 of the vehicles and equipment at this time and discussion ensued on the uncertainty of whether or not the City will experience state aid cuts this year. City Administrator Stephan Jilk noted that the City Council previously approved the issuance of equipment certificates which would be utilized for funding the equipment and vehicles purchased this year. See Clerk's File 1992 -9. MOTION by Willcox to table action on the skid -steer until the specifications and bids have been reviewed by the city attorney. SECOND by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Klassen to receive the bids on the vehicles and equipment and to award the bids for certain equipment as outlined in the Public Works Director's memorandum dated February 26, 1992. SECOND by Wippermann. Ayes: Klassen, Wippermann. Nays: Staats, Willcox, McMenomy. Motion failed. After further discussion, Council agreed the vehicle and equipment bids should be discussed again at the next regular council meeting. MOTION by McMenomy to reconsider the preceding motion and to table this action until further review for consideration at the next regular council meeting. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. City Administrator Stephan Jilk requested Council approval to proceed with hiring an Economic Development Director and advised the Port Authority reached a consensus this evening that the City should begin the hiring process for this position. Following discussion of this position and a requested changed to the job description, a census was reached by the Council to advertise for the position. See Clerk's File 1992 -9. MOTION by McMenomy to approve the job description, advertisement and hiring process for the Economic Development Coordinator and to direct the City Administrator to proceed with the hiring process. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Discussion was held by Council on whether the loan amount received from the Metropolitan Council would fund the salary for the assistant planner and the completion of the Comprehensive Guide Plan. City Administrator Jilk informed the Council the $35,325 would pay for the hiring of an assistant planner and a consultant for completion of the Guide Plan. See Clerk's File 1992 -9. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE AMENDMENT OF CERTAIN 1992 BUDGET ITEMS FOR THE GENERAL FUND. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1992 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1992 Council discussed the request from the Parks and Recreation Director to attend a training conference in Grand Forks, North Dakota. A concern was expressed from the Council regarding city staff attendance outside the state. See Clerk's File 1992 -9. MOTION by Klassen to authorize Parks Recreation Director David Bechtold to attend the Midwest Training Institute in Grand Forks with all costs associated with this program, in an amount not to exceed $600, to be expended from account 101- 45100 -01- 437.0. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Council reviewed proposed legislation which would provide for certain legal protection and financial assistance programs for parties which purchase and develop contaminated or polluted land. See Clerk's File 1992 -9. MOTION by McMenomy to adopt A RESOLUTION IN SUPPORT OF THE LEGISLATION, "THE LAND RECYCLING ACT and to request support of this legislation by Dakota County legislators. SECOND by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. City Administrator Stephan Jilk requested the City Council to consider passing a motion to ask Dakota County to not revoke its previous support of the half cent sales tax since this could jeopardize the City receiving any state aid. See Clerk's File 1992 -9. MOTION by Klassen to direct staff to draft a resolution asking Dakota County not to take any action that would jeopardize the City of Rosemount state aid and that this resolution be sent to Dakota County Commissioners, the Dakota County legislators and to Governor Carlson to insure that legislation is adopted to insure Counties receive a proportional share of the tax. SECOND by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: 5. Nays: 0. ATTEST: tep /fin Jilk y Administrator Respectfully, submit Susan M. W sh, City Clerk 3 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Wednesday, March 3, 1993, at 6:30 p.m. in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, and Klassen present and City Administrator Jilk. The purpose of the meeting was to continue evaluation of the City Administrator. Council reviewed the written evaluations on the Administrator provided by the Council and Mayor. Mayor McMenomy and Councilmember Willcox suggested that the Administrator should resign. Klassen and Wippermann did not agree. Mayor McMenomy and Councilmember Willcox suggested that the City Council should ask for the Administrator's resignation. The Mayor and Council agreed to meet again on March 10, 1993 with Councilmember Staats present. MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 4. Nays: None. The meeting was adjourned at 7:35 p.m. ATTEST: mIr B.McMen Mayor r ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING MARCH 3, 1993 Respectfully s.mitted, Ste. an J City Administrator 1 Pursuant to due City Council of March 10, 1992, Hall. call and notice thereof a special meeting of the the City of Rosemount was duly held on Tuesday, at 6:30 p.m. in the Council Chambers at City Mayor McMenomy called the meeting to order with Councilmembers Willcox, Staats and Klassen present. Councilmember Wippermann was absent. City Engineer Bud Osmundson informed Council of the U.S. Environmental Protection Agency (EPA) mandate for cities such as Rosemount to test its water system for possible lead contaminates. Osmundson advised a notice will be in the local papers informing Rosemount residents they may be contacted to assist the City in sampling their tap water. The city engineer noted emphasized there is not a lead problem in the city's water supply or distribution system, but certain homes with lead pipes or copper pipes with lead solder may have higher concentrations. Council concurred the notice should also notify well water users that it would be in their best interest to have their well water checked and that the notice should suggest where samples could be taken for testing. See Clerk's File 1992 -10. City Clerk Susan Walsh presented a proposed precinct map which included the addition of a new fifth precinct in the City. City Clerk Walsh advised that population growth over the last ten years has created an imbalance of voters at the City's current four polling places, and the addition of a fifth precinct would establish balanced precincts. City Clerk Walsh noted the proposed precinct map and new polling places would take effect with the September 15, 1992 State Primary Election. Councilmember Willcox requested, as a future consideration, the city attorney to investigate the legal requirements for establishing wards and to have city staff research and make comments on the pros and cons of establishing wards in the City. City Clerk Walsh advised the City's residents will be advised of the new precincts and polling places by the County Auditor, and the new precinct map and polling places will be well published in the local newspapers. See Clerk's File 1992 -10. MOTION by Klassen to adopt A RESOLUTION ESTABLISHING NEW PRECINCTS AND POLLING PLACES. SECOND by Staats. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: 0. Council took up discussion on the dual track planning process being carried out by the Metropolitan Council, the selection of the "Dakota Search Area" and the SOAR organization which is attempting to stop the relocation of the MSP airport. Mr. Kevin Carroll and Ms. Wendy Wustenberg, representing SOAR, discussed proposed legislation and other efforts to stop the process. Mike Miles, City attorney, advised the Council that it was his opinion that the City would be unable to donate money or in kind services to SOAR without being able to specify a "City interest" in doing so. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 10, 1992 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 10, 1992 MOTION by Klassen to adopt A RESOLUTION OPPOSING THE RELOCATION OF THE MINNEAPOLIS -ST. PAUL AIRPORT AND THE CONTINUATION OF THE TWO TRACK PROCESS FOR AIRPORT PLANNING IN MINNESOTA. SECOND by Willcox. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: 0. Council took up discussion and consideration of Draft #5 of the proposed assessment policy with presentation on the policy by City Administrator Jilk and City Engineer Osmundson. Council concurred that additional discussion was needed prior to adoption and agreed to meet Monday, March 16, 1992, at 6:30 p.m. to do so. MOTION by Willcox to adjourn. SECOND by Staats. Ayes: 4. Nays: 0. ATTEST: rs. E. B. McMenomy, Mayor ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 16, 1992 Respectfully submitted, Stephan Jilk City Administrator 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, March 16, 1992, at 6:30 P.M. at the Rosemount Middle School conference room. Mayor McMenomy called the meeting to order with all council members present and Administrator Jilk, Public Works Director Wasmund and City Engineer Osmundson. Mayor McMenomy amended the Agenda to include discussion on the application for a mining permit submitted by Mr. Lance Johnson. Mr. Johnson's concern about the City's requirement for a bond in his name was discussed along with the amount. consensus was reached by the Council that the required bond, as set by city staff is consistent with city ordinances and is appropriate. The purpose of the special meeting was to discuss the proposed assessment /improvement policy and the following changes to Draft #6 dated March 6, 1992, were made. 1 1 4 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING MARCH 10, 1993 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Wednesday, March 10, 1993, following the Public Hearing in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present and City Administrator Jilk. The purpose of the meeting was to continue evaluation of the City Administrator. Mayor McMenomy and Councilmember Willcox suggested that the Administrator should resign. Other Councilmembers indicated a lack of their support for the Administrator's resignation. City Council agreed to wait and see what the election this fall will bring. No further meetings on the evaluation of the administrator were set. MOTION by McMenomy to adjourn. Second by Willcox. Ayes: 5. Nays: None. The meeting was adjourned. ATTEST: 2:7-4, /xt /'cam E.B. McMenomy, Mayor Resp -ctfu lye bmi e an Ci y Adm istrator Page Section Cover Page 13 Sec. VI.F.2 Page 14 Sec. VI.G.2 Page 14 Sec. VI.H. Page 20, 21 Appendix A 1. Changed 80% to 75% in no. 1 2. Recalculated increase in debt levy due to change of 80% to 75% 3. Corrected reference to Section VI. G. MOTION by Willcox to adjourn. Second by Wippermann. Ayes: 5. Nays: 0. The meeting was adjourned at 9:10 p.m. Respectfully submitted, ATTEST: E.B. McMenomy, Mayor s- fl42 Removed "Final Draft" and replaced with "Adopted Changed date to March 17, 1992. Last paragraph in fifth line, added: "and the number of access points allowed to city streets and county and state highways, This requires the City to use access in determining the number of units to charge for. Changed 80% to 75% ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 16, 1992 added 2. Property owners with parcels that may be assessed for more than one improvement will be advised, by certified mail, of the potential for multiple assessments and be given an opportunity to notify the City to eliminate the access to an improvement prior to the project being ordered. This allows the property owner to eliminate the second driveway, etc. Step l6an Jilk ity Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 17, 1992 Pursuant to due City Council of March 17, 1992, Mayor McMenomy present. call and notice thereof a regular meeting of the the City of Rosemount was duly held on Tuesday, at 7 :30 p.m. in the Council Chambers at City Hall. called the meeting to order with all members Boy Scout Troop 207 presented the American Flag for the Pledge of Allegiance. Rosemount Chamber of Commerce Member John Loch informed Council of the Chamber's recent undertaking to raise $200,000 over a five year period for an amphitheater in Erickson Community Square Park. The City Council supported this fundraising event and extended their appreciation to the Chamber members. John Loch presented the idea of developing a "Sister City" program with a community in the area of the former Soviet Union. Mr. Loch advised he will be approaching organizations, churches and businesses in an effort to raise money for aid for people of a Russian city. Members of the Council unanimously support Mr. Loch's idea and asked city staff to research the "Sister City" concept. See Clerk's File 1992 -12. Council reviewed the Consent Agenda. It was noted a correction had been made to the draft copy of the March 2, 1992 Meeting Minutes, and a request was made to discuss Item 6(h) under Old Business. See Clerk's File 1992 -12. MOTION by Wippermann to approve the Consent Agenda with the removal of Item 6(h) and with the correction to the draft copy of the March 2, 1992 minutes. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Council reviewed the Storm Water Utility Policy and agreed to revisions on page 16 and page 19 of the document. See Clerk's File 1992 -12. MOTION by McMenomy to adopt ORDINANCE NO. XI.18, AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A STORM WATER UTILITY, RATES TO BE CHARGED AND THE ADMINISTRATION THEREOF. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. City Administrator Stephan Jilk presented a revised assessment policy which included changes made at a Special Council Meeting on March 16, 1992. City Attorney Mike Miles addressed the proposed assessment deferment policy and the statutory requirements relating to agricultural property. Members of the Council addressed specific concerns with certain sections of the policy, and a recommendation was made to have pre appraisals done on a spot -check basis. It was felt that by having pre appraisals done on some of the properties proposed to be assessed, it would provide an assessment amount closer to the actual value and benefit caused by the improvements project. See Clerk's File 1992 -12. 1 J ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 17, 1992 MOTION by Willcox to adopt A RESOLUTION ADOPTING AN ASSESSMENT /IMPROVEMENT POLICY FOR THE CITY OF ROSEMOUNT. SECOND by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: McMenomy. Discussion was held by Council on a revised resolution previously adopted by Council which stated the City's position on certain matters involving the planning process for the relocation of the Minneapolis -St. Paul Airport. Council concurred to some changes on both resolutions and a change to a letter addressed to Senator Roger Moe from the City Administrator. See Clerk's File 1992- 12. MOTION by Klassen to adopt as amended A RESOLUTION OPPOSING THE RELOCATION OF THE MINNEAPOLIS -ST. PAUL AIRPORT AND THE CONTINUATION OF THE TWO TRACK PROCESS FOR AIRPORT PLANNING IN MINNESOTA. SECOND by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Klassen to adopt as amended A RESOLUTION SUPPORTING LEGISLATION REQUIRING THAT FUNDING FOR A DAKOTA COUNTY "COUNTY BIOLOGICAL SURVEY" BE GRANTED. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Discussion was held by Council on scheduling a joint meeting with Council and City Commission and Committee members for the purpose of becoming better acquainted with each other. Council concurred to have a meeting with city department heads first and then schedule the meeting with commission and committee members. Council discussed the request from the Dakota County Board of Commissioners for the City to recommend a name for County Road 38. Council unanimously agreed that County Road 38 should be dual- signed with the top sign reading County Road 38 and the bottom sign reading the numerical street number. See Clerk's file 1992 -12. MOTION by Willcox to adopt A RESOLUTION SUPPORTING THE DESIGNATION AND NAMING OF SECTIONS OF COUNTY ROAD 38 THROUGH BURNSVILLE, APPLE VALLEY AND ROSEMOUNT. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Council reviewed the request for the city finance director to attend a national conference in Orlando, Florida. It was suggested that conferences be limited to in -state attendance because of the proposed state aid cuts. Following discussion, a general consensus was reached by Council that each conference authorization be considered on an individual basis. See Clerk's File 1992 -12. MOTION by Klassen to authorize Finance Director Jeff May to attend the 1992 GFOA Annual Conference in Orlando, Florida with all costs associated with this conference, in an amount not to exceed $1,200, to come from account 101 41520 -01 -437. SECOND by 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 17, 1992 Wippermann. Ayes: Wippermann, Staats, Klassen, Willcox. Abstain: McMenomy. Parks Recreation Director David Bechtold requested Council authorization to hire a part -time secretary aid with a starting date of April 6, 1992. See Clerk's File 1992 -12. MOTION by Willcox to authorize the hiring of Kerry Budinger for the position of Secretary Aide for the Parks Recreation Department subject to passing a pre employment physical. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. City Engineer Bud Osmundson requested that Council set a public hearing on April 7, 1992 to consider street improvements to Diamond Path (145th Street to Connemara Trail) and to 145th Street West (Shannon Parkway to Diamond Path). City Engineer Osmundson advised Council two neighborhood meetings are scheduled for March 23 and 24, 1992. See Clerk's File 1992 -12. MOTION by McMenomy to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING FOR DIAMOND PATH STREET IMPROVEMENTS (145TH STREET TO CONNEMARA TRAIL), CITY PROJECT 212 AND 145TH STREET IMPROVEMENTS FROM SHANNON PARKWAY TO DIAMOND PATH, CITY PROJECT 206. SECOND by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. City Administrator Stephan Jilk updated Council on Governor Carlson's proposed budget for the next biennium which includes massive cuts in state aid to cities. Jilk commented on the Governor's statements that these cuts would only amount to 1 percent of municipal budgets when in fact the proposed state aid cuts will affect cities by about 8 percent. Jilk advised city staff has held preliminary discussions on the budget cuts and will continue to do so. Administrator Jilk will keep the Council well informed on this issue. See Clerk's file 1992 -12. City Administrator Stephan Jilk commented on SF No. 1950, Polluted Site Tax Increment Financing Bill, which has gone through the Senate Environment and Natural Resources Committee. The bill supports what the attorney general has proposed for providing a mechanism to help clean up contaminated properties. See Clerk's File 1992 -12. City Administrator Jilk encouraged City Council members to participate in the Koch Tour scheduled for March 21, 1992, at 9:30 a.m. MOTION by McMenomy to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. Respe• fu ly submi 5u :n M. W sh, City Clerk 1 ATTES AL.) ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 17, 1992 Steph n Jilk, jity Administrator 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 7, 1992 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 7, 1992, at 8:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Staats and Klassen present. Councilmember Wippermann was absent. Mayor McMenomy led the group in the Pledge of Allegiance. The agenda was amended to include Item 9(d) Update on Port Authority Action /Direction. Mayor McMenomy suspended the regular meeting to conduct the public hearing scheduled for 8:00 p.m. on this date. The City Administrator presented for the record the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1992 -13. City Engineer Bud Osmundson introduced Brian Bourassa, consulting engineer from OSM, Dave Everds, Dakota County Highway Engineer, and Dave Zech, Design Engineer for Dakota County. It was noted that this hearing is a joint public hearing which includes consideration for improvements to both 145th Street West, between Shannon Parkway and Diamond Path, (City Project No. 206, S.A.P. 208- 103 -06) and Diamond Path (CR #33) (City Project No. 212, Dakota County Project No. 33 -03). City Engineer Osmundson presented an overview of the two projects and related details of traffic counts and accident history to support the proposed 64- foot width of Diamond Path between Connemara Trail and 145th Street. Overhead visuals were presented to show specific road design of the recommended improvements. Information was also provided for project cost estimates and the assessment policy which was recently adopted by Council for funding of the project. Information was also presented regarding burying of power lines on 145th Street, installation of a 12 -inch watermain between Dallara and Delft Avenues, and storm sewer construction from Delft Avenue east to Hawkins Pond which could be accomplished in conjunction with the street reconstruction projects. Dakota County Highway Department Engineer Dave Everds advised that storm sewer construction from 145th Street to 138th Street is included in the shared County /City Diamond Path improvement project. See Clerk's File 1992 -13. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 7, 1992 Council discussion encompassed 1) the feasibility for burying of power lines and the cost to individual property owners for hook- up to the underground power; 2) the potential for replacement of existing aged wooden power line poles; 3) 2 -lane vs. 4 -lane for 145th Street; and 4) rationality for Diamond Path reconstruction proposal for 4 -lane. Leroy Mullikin, 4060 145th Street West, stated his support of the 145th Street reconstruction project; however, he argued that the proposed improvements would benefit more people than those being assessed. Bob Wagner, 4075 145th Street West, questioned the additional cost for a second water and sewer hook -up to his property that would occur as part of the street improvements. A resident of the Country Hills Addition expressed apprehension for the proposed 4 -lane construction of Diamond Path and stated his belief that it would encourage increased traffic in a residential area. Dr. Kerry Johnson, Family Sports Chiropractic and Rosemount resident, expressed his support for the burying of power lines along the entire route of the 145th Street improvement project. MOTION by Willcox to close the public hearing. Second by McMenomy. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: 0. Councilmember Klassen expressed her endorsement of the proposed 145th Street /Diamond Path T- intersection. However, she further stated that she was not convinced of the necessity, nor was she supportive of the proposed 4 -lane construction of Diamond Path. Ms. Klassen advised that she would support a 2 -lane proposal for Diamond Path. Dakota County Commissioner Steve Loeding, Rosemount resident, requested Councilmember Klassen's reconsideration of the Diamond Path project and to vote favorably to allow the project to continue so as to maintain the projected schedule for project completion. He further contended that the results of the traffic and accident studies verify and establish the need for 4 -lane construction of Diamond Path. Councilmember Willcox stated that he is convinced that 4 -lane construction of Diamond Path is essential and a critical component of the street improvement project. Mr. Willcox stated that recent and continued growth of the City necessitates the construction of efficient and safe corridors to deal with the increased traffic. Paster Ed Johnson, First Baptist Church of Rosemount, related traffic congestion and volume observations of the Diamond Path /145th Street intersection and expressed total support of the projects as proposed. He further advised that even though the church is aware of the assessment amount, the church is in favor of the project. Mayor McMenomy called for a ten minute break and reconvened the Regular City Council Meeting at 9:55 p.m. 2 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 7, 1992 MOTION by Willcox authorizing the preparation of plans and specifications for a 4 -lane improvement to 145th Street West between Diamond Path and Shannon Parkway. Second by McMenomy. Ayes: McMenomy, Staats, Willcox. Nays: Klassen. See Clerk's File 1992 -13. The staff was directed to set up a Special Council Meeting as soon as all members could be in attendance for further discussion and action on this issue. Kevin Carroll, Research Chair for Stop Our Airport Relocation (SOAR), announced upcoming events sponsored by SOAR and also informed Council and those assembled at the meeting of two Scoping Meetings held by the Metropolitan Airports Commission (MAC) to be held on April 21 and 22. Mr. Carroll noted that these meetings will be held in both Rosemount and Minneapolis since the process will focus on development of both the existing airport as well as selection of a site for a replacement airport. City Administrator Stephan Jilk advised that a Draft Scoping Document is available to the public and a copy can be obtained at City Hall offices. See Clerk's File 1992 -13. City Administrator Stephan Jilk stated he has been invited to sit on the Technical Committee for the Metropolitan Airports Commission (MAC). The membership of the committee will consist of representatives from local, state, and federal agencies, as well as airline and other airport users to provide input and to review work done on remaining elements of the Dual Track Airport Planning Process. Topics for consideration include selection of a site for the new airport, preparation of a detailed development plan, and preparation of the environmental documents required for either existing MSP airport expansion or a new airport in the Dakota Search Area. City Administrator Jilk advised that the City has been granted a Metropolitan Council Planning Assistance Loan for $17,175. The application for this loan was previously approved by Council and will provide additional financial resources for city staff monitoring and increased involvement in the new airport site selection process. MOTION by Willcox to approve the Consent Agenda with the removal of Items 5(j), 5(k), 5(1) and 5(s) and with the staff recommended changes to Item 5(h) with regard to removal of assessment for Project #197, Valley Oak Pond Outlet. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: 0. Public Works Director Ron Wasmund distributed additional information and reviewed his memo which provided justification and support for determining the need for replacement vehicle and equipment purchases for the Public Works and Parks Departments. It was noted that the proposed purchases are included in the 1992 CIP Budget. Both Public Works Director Ron Wasmund and Parks and Recreation Director Dave Bechtold responded to specific questions ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 7, 1992 of the Council regarding the conditions of the existing vehicles and equipment. See Clerk's File 1992 -13. Councilmember Willcox expressed concern for unnecessary vehicle /equipment replacements, especially at this time when state legislature is contemplating reduced aid to cities. He stated that, until legislature has determined and established an amount of funds to be granted to the City, the City must be cautious in authorizing expenditures that may not be essential. Councilmembers Willcox and Staats expressed reluctance to approve the replacements as presented. Finance Director Jeff May advised that, since these funds are included in the Equipment Certificate Debt issued, the City is obligated to expend these funds. MOTION by McMenomy to approve award for equipment and re- advertise bid for 1992 Vehicle and Equipment purchases as per the Public Works Director's memo dated April 3, 1992. Second by Klassen. Ayes: Klassen, McMenomy. Nays: Willcox, Staats. Motion fails. The Council was urged to meet with the Public Works Director for a visual inspection of the proposed vehicle and equipment replacement purchases. This will assist in their determination as to whether or not the requested replacements are justified. Assistant Planner Richard Pearson requested final plat approval for Carrollton 4th Addition consisting of 39 single family lots and encompassing approximately 13 acres. This subdivision is situated south of Dodd Boulevard, between Covington and Cimarron Avenues, and north of CSAH 42. At their March 10, 1992 Regular Meeting, the Planning Commission reviewed and recommended approval of the final plat subject to conditions. This plat is in conformance with the preliminary plat /PUD and meets all zoning and subdivision ordinance criteria with the exception of minimum lot frontage which was allowed to vary under the PUD procedure. See Clerk's File 1992 -13. MOTION by Willcox to adopt A RESOLUTION APPROVING THE CARROLLTON 4TH ADDITION FINAL PLAT and to authorize the execution of the Development Contract. Second by Klassen. Director of Planning Lisa Freese responded to Council concerns regarding the proposed lot width. Ms. Freese noted that the plat is consistent with ordinance density requirements. Discussions were held between staff and the developer regarding the proposed lot widths; however, City required utility easements running throughout the property resulted in difficulty in lot realignment. Tom O'Leary, developer and owner of Entry One, Inc., has stated that he is aware of the City's concerns for the narrower lots and, in an effort to reduce future variance requests, has agreed to notify potential buyers and contractors, via a signed Lot Hold Agreement, that the City will be disinclined to approve any future side yard variance requests. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 7, 1992 Vote on the MOTION: Ayes: Willcox, Staats, Klassen. Nays: McMenomy. The establishment of a "Community Trust Fund" was part negotiations with USPCI where a portion of the revenue tipping fees at the USPCI facility would be placed in Fund that would be utilized for specific City needs. of Trustees, who would authorize disbursement of these would be a five member board, with three members appoi City and two by the company. See Clerk's File 1992 -13 MOTION by McMenomy to authorize the submission of his recommendations to the City Council for persons to be to the "USPCI Rosemount Community Trust" by no later September 1, 1992. Second by Willcox. Ayes: McMenomy Klassen, Willcox. Nays: 0. of the from the a Trust The Board funds, nted by the (Mayor's) appointed than Staats, Chief of Police Elliel Knutsen requested Council approval to advertise for bids for Vehicle Towing and Impounding Services for the City of Rosemount. Police Chief Knutson provided an overview of current towing and impounding operations and highlighted the benefits of having a towing contract in place. See Clerk's File 1992 -13. Jerry Anderson, AAA Auto Salvage, provided input on the proposed contract for towing services and made several recommendations for further clarification of the conditions of the contract. Council directed that staff consider the suggested modifications for incorporation into the proposed document. Upon completion, this issue should be placed on a future agenda for formal action. City Administrator Jilk advised that the contract with Rosemount Town Pages newspaper will expire on April 23, 1992. Mr. Jilk highlighted the services that were performed by the newspaper in the past year and outlined minor changes to the proposed new contract. One major changes is to enter into a six -month contract, rather than one year, to provide an opportunity to Mr. Heikkila and the City to review the success of the paper and the economics of the operation prior to the year end of 1992. See Clerk's File 1992 -13. MOTION by Willcox to approve the contract with Heikkila Productions for a period from April 24, 1992 to October 31, 1992 to provide certain publication services to the City of Rosemount. Second by Klassen. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: 0. City Administrator Stephan Jilk advised that the City of Rosemount has been involved in discussions with Koch Refining, the City of Inver Grove Heights, Dakota County, and the Minnesota Department of Transportation (MnDOT) regarding traffic planning issues in the Highway 52 /Highway 55 corridor in Inver Grove Heights, Rosemount, and Koch Refining site. As a result of these discussions, a recommendation has been made to enter into a joint 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 7, 1992 traffic study of Highway 55 from Concord Street in Inver Grove Heights, south to the City of Coates, and east on Highway 55 to include a major portion of the industrially developed area of Highway 55. He further provided details on how the funding for this study has been broken down. Koch Refining will completely fund their portion of the highway corridor with a major portion of the remaining study area being funded by MnDOT and the City of Inver Grove Heights. Dakota County and Rosemount would each contribute a significantly smaller portion of an equal amount. See Clerk's File 1992 -13. MOTION by Willcox to approve the expenditure of $4,000 as the City of Rosemount's share for the completion of the "Highway 52 Corridor Study" as outlined in the proposal from SEH Engineering, dated October 21, 1991, with payment coming out of account number 101- 4110 -01 -598. Second by Klassen. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: 0. City Administrator Stephan Jilk requested Council take time to review the information distributed in their Council packets regarding the City facility space needs study update. The purpose of this study was to look at current and long -term needs for space for the Fire Department and Public Utilities Department. The information provided also outlines alternatives to meet immediate needs. This item will be place on a future agenda for consideration and discussion. See Clerk's File 1992 -13. Council directed the City Administrator to set up a schedule with potential joint meeting dates for the purpose of proceeding with the Comprehensive Guide Plan Update /Revision discussions. City Administrator Jilk discussed a proposed Goal Setting Process schedule for the next three years. The schedule calls for Special Council Meetings to be held with department heads, City Commissions /Committees, the Administrator and Town Meetings. Staff will request Council input on whether or not Council wishes to retain a facilitator for the proposed April 28th meeting. See Clerk's File 1992 -13. MOTION by McMenomy to approve the schedule for special council, staff, and committee meetings as amended for the 1992 and 1993 schedule provided by the City Administrator. Second by Willcox. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy recommending City Council attendance at a special meeting of the Port Authority on April 14, 1992. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: 0. See Clerk's File 1992 -13. Council accepted correspondence regarding the recycling hauler complaint and indicated their satisfaction of Knutson Rubbish response to this complaint. See Clerk's File 1992 -13. City Administrator Jilk advised that the Port Authority took action on April 6, 1992 to direct staff to notify business and 1 1 property owners on the west side of Highway 3 and contiguous to armory site of the City's intent to relocate /acquire those businesses /properties. MOTION by McMenomy to adjourn. Nays: 0. ATTEST Steph• Jilk, Pursuant to due City Council of April 16, 1992, Mayor McMenomy Councilmembers Mayor McMenomy ity Administrator 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 7, 1992 SECOND by Klassen. Ayes: 5. Resp ctfully fitted, Donna Quint Recording Secretary call and notice thereof a Special Meeting of the the City of Rosemount was duly held on Thursday, at 6:30 p.m. in the Council Chambers. called the meeting to order with all present. led the group in the Pledge of Allegiance. Mayor McMenomy advised the purpose of the meeting was to discuss and take action on City Project 206, 145th Street Reconstruction (Shannon Parkway to Diamond Path) and City Project 212, Diamond Path (145th Street to Connemara Trail). City Engineer Bud Osmundson provided a brief overview of City Project 206 and answered questions from the Council. Chuck Rickart, Traffic Operations Engineer from OSM, presented a preliminary traffic analysis which looked at traffic volumes at peak hours on 145th Street between Diamond Path and Highway 3. See Clerk's File 1992 -14. City Engineer Bud Osmundson reviewed four alternatives and estimated costs for Council to consider for the reconstruction of 145th Street between Shannon Parkway and Diamond Path. See Clerk's File 1992 -13. Considerable discussion was held by Council on whether to construct a 40 -foot wide two lane roadway or a 52 -foot wide roadway. The 52 -foot wide alternative would allow for two traffic lanes and two parking lanes on the north and south side, ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 16, 1992 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 16, 1992 but in the future the parking lanes could be eliminated and the roadway striped as four traffic lanes. Mayor McMenomy presented a petition from Rosemount business owners who requested the Council to consider 145th Street as a major collector street rather than a residential street. See Clerk's File 1992 -13. MOTION by Willcox to adopt A RESOLUTION FOR APPROVAL OF 145TH STREET RECONSTRUCTION FROM SHANNON PARKWAY TO DIAMOND PATH, CITY PROJECT 206, with the stipulation the project be constructed as a 52 foot wide roadway and striped for two traffic lanes and two parking lanes on the north and south sides. SECOND by McMenomy. Concerns were expressed from Council that the 52 foot wide project would change the scope of the project considered at the public hearing on April 7, 1992. A request was made to allow members of the audience to comment on Project 206, and a consensus was reached by Council to suspend Roberts Rules of Order. MOTION by Klassen to suspend Roberts Rules of Order. SECOND by Wippermann. Ayes: Willcox, Wippermann, Klassen. Nays: McMenomy, Staats. Members of the audience voiced their opinions in favor and against a 52 foot wide roadway. A show of hands from members in the audience indicated an even balance of those who wanted a 40 foot wide road and those who wanted a 52 foot wide road. MOTION by Willcox to reinstate Roberts Rules of Order. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Polling of Council on motion made by Councilmember Willcox to adopt A RESOLUTION FOR APPROVAL OF 145TH STREET RECONSTRUCTION FROM SHANNON PARKWAY TO DIAMOND PATH with the stipulation the project be constructed as a 52 foot wide roadway and striped for two traffic lanes and two parking lanes on the north and south sides: Ayes: McMenomy, Staats, Willcox. Nays: Klassen, Wippermann. Motion failed. By unanimous consent a recess was called from 8:20 p.m. to 8:35 p.m. MOTION by Wippermann to adopt A RESOLUTION FOR APPROVAL OF CITY PROJECT 206, 145TH STREET RECONSTRUCTION PROJECT FROM SHANNON PARKWAY TO DIAMOND PATH, as originally proposed as a 40 foot wide roadway with two traffic lanes. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: McMenomy. MOTION by Staats to set a public hearing on May 5, 1992, at 6:30 p.m. to consider City Project 206, 145th Street Reconstruction Project from Shannon Parkway to Diamond Path as a 52 foot wide roadway. SECOND by McMenomy. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 16, 1992 Council concurred the notice of hearing should be mailed only to the residents proposed to be assessed and a press release on this hearing be prepared for publication in the "Town Pages Poll of Council on the preceding motion: Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Dakota County Engineer Dave Everds briefly reviewed City Project 212, Diamond Path Street Improvements from 145th Street to Connemara Trail. Engineer Everds answered questions from Council. County Engineer Everds advised an addendum to Project 206 would have to be sent out immediately if the plans and specifications would be changed as a result of the May 5, 1992 public hearing. MOTION by Willcox to adopt A RESOLUTION FOR APPROVAL OF DIAMOND PATH STREET IMPROVEMENTS FROM 145TH STREET TO CONNEMARA TRAIL, CITY PROJECT 212. SECOND by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats. Nays: Klassen. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR DIAMOND PATH RECONSTRUCTION, CITY PROJECT 212, DAKOTA COUNTY PROJECT $33- 03. SECOND by Willcox. Ayes: Wippermann, McMenomy, Staats, Willcox. Nays: Klassen. Since all members of the Council could not be present at the May 5, 1992 public hearing, Council agreed to change the public hearing date to May 4, 1992. MOTION by Willcox to rescind the motion to set a public hearing for May 5, 1992 to consider Project 206 and to set the public hearing to consider Project 206 for May 4, 1992, at 6:30 p.m. SECOND by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Discussion was held by Council regarding the burying of electrical lines in conjunction with Project 206. It was suggested the lines only be buried from Chippendale to the downtown area since past discussion on the power lines was in conjunction with the downtown beautification project. It was also suggested that only power lines which cross 145th Street in the area west of Chippendale be buried. MOTION by Willcox to approve the Cooperative Agreement for County Project 33 -03, between Dakota County, City of Apple Valley and City of Rosemount. SECOND by McMenomy. Ayes: Staats, Willcox, Wippermann, McMenomy. Nays: Klassen. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 16, 1992 ATTES teph- Jilk, Ci Administrator Respectfu ly submitted, 4 1 an M. W -•sh, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 21, 1992 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 21, 1992, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with all Councilmembers present. Mayor McMenomy led the group in the Pledge of Allegiance. The following items were added to the agenda: Item 3(d) Representative Jim Ramstad; Item 4(j) 145th Street No Parking; Item 5(d) Airport Discussion; Item 5(e) MVTA Update; Item 5(f) 145th Street Discussion; Item 5(g) Vehicle Equipment Purchases; Item 5(h) Lance Johnson Mining Permit. Item 4(f) was pulled from the agenda. See Clerk's File 1992 -15. Dave Hettland, staff member for Representative Jim Ramstad, encouraged the City Council to contact Representative Ramstad on any matters in which he may be able to assist. Kerry Budinger, part -time secretary for the Parks Recreation Department was introduced to the Council. Ron Pedersen updated Council on the efforts of a group of volunteers who are attempting to put together a package to establish the construction of an ice arena attached to the proposed armory project. Mr. Pedersen advised the revenue from committed ice time would pay the debt service on the construction. Mr. Pedersen further advised he has approached the Port Authority for possible assistance. Following discussion, a consensus was reached by Council to encourage the ice arena group to continue their efforts. See Clerk's File 1992 -15. MOTION by Willcox to approve the Consent Agenda with the removal of Item 4(i) to be discussed under New Business. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 21, 1992 Fire Chief Scott Aker reviewed with Council the Fire Department's Annual Report. See Clerk's File 1992 -15. Director of Planning Lisa Freese reviewed the proposed schedule for completing the proposed Comprehensive Guide Plan and the tasks which need to be completed. Ms. Freese also requested the retaining of Fred Hoisington to complete the items agreed upon in the original staffing plan and the hiring of a summer intern to assist with research and document compilation. Director Freese discussed with Council the key issues that need to be addressed in completing the Guide Plan and the importance of retaining Mr. Hoisington rather than another consultant. See Clerk's File 1992 -15. MOTION by Willcox to support the proposed scheduled for the Comprehensive Guide Plan. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Willcox to authorize staff to develop a contract with the planning consultant and commence hiring a planning intern. SECOND by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. By unanimous consent a ten minute break was called with the meeting continuing at 8:55 p.m. Representatives from CMC Heartland Partners of Chicago, Illinois reviewed with Council a concept PUD for the development of multi- family and single family lots on 226 acres of land north of 145th Street and County Road 42 extending to the Chicago Northwestern Railroad line. Assistant Planner Richard Pearson reviewed the concerns the Planning Commission expressed about the project but noted the Planning Commission members indicated their general support of the concept PUD. Following discussion, Council indicated their support for the project but expressed concerns regarding the small lots and multi family housing. See Clerk's File 1992 -15. Council discussion was held on the bonding requirements for a 1992 mining permit to be issued to Lance Johnson. City staff members informed Council of their recommendation requiring Mr. Johnson, as the permit holder, to post a new bond. Mr. Johnson requested he be allowed to keep the existing bond posted by Bituminous Roadways as financial security for the 1992 mining permit until the bond expires in July, 1992. Staff members expressed concerns it would be difficult to enforce the requirements of the bond since Mr. Johnson is leasing his land to a different company and that restoration requirements have not been met by Bituminous Roadways. MOTION by Willcox to concur with staff's recommendations to Lance Johnson and to request Lance Johnson to go back and deal with staff accordingly. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: 0. Abstain: McMenomy. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 21, 1992 City Administrator Stephan Jilk reviewed his recommendations and alternatives for Council consideration with regards to the construction of a new fire station, the purchase of an aerial truck and the remodeling of the present fire station to meet the needs of the public works garage. Administrator Jilk recommended the Council consider Alternative #3 which would direct the staff to prepare a referendum for this fall. See Clerk's File 1992 -15. MOTION by Willcox to direct the City Administrator to proceed with Alternative #3 in the memorandum dated April 15, 1992 to prepare a referendum in the fall of 1992 for a new fire station, fire equipment and public works remodeling. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Council reviewed the proposed schedule and information on the goal setting process for 1992. Council concurred to hold the goal setting session with department heads on June 15, 1992 at a location within Rosemount. See Clerk's File 1992 -15. MOTION by McMenomy to direct the City Administrator to provide recommendations on a facilitator and a location in Rosemount for the goal setting session on June 15, 1992. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Discussion was held by Council on the meeting scheduled for April 22, 1992 at the Rosemount High School regarding the scoping documents for the Dual -Track Major Airport Planning Process. Discussion included members of the Council questioning the purpose of the meeting. City Administrator Jilk reported on the first meeting he attended as a member of the Technical Committee for the Metropolitan Airports Commission. Council agreed the Resolution adopted by Council on March 17, 1992 in opposition of the relocation of the airport and the continuation of the dual -track process be presented at the April 22, 1992 hearing by Councilmember Klassen. Councilmember Klassen advised the 1991 -92 Marketing Study for the Minnesota Valley Transit Authority has been completed and briefly commented on it. MOTION by Willcox for reconsideration of Project the engineering staff to submit bids for a three roadway for 145th Street from Diamond Path to SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. 3 206 and lane or Shannon Willcox to direct four lane Parkway. Nays: At the request of Councilmember Staats, Council agreed to pull Item 5(g) Vehicle and Equipment Purchases from the agenda. City Engineer Bud Osmundson requested Council's authorization to establish a $50.00 permit application fee for installation projects by private utility companies. Osmundson advised the fee would help pay for staff time for processing the application which includes review of plans and field work. See Clerk's File 1992 -15. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 21, 1992 MOTION by McMenomy to adopt A RESOLUTION ESTABLISHING UTILITY PERMIT FEES FOR PRIVATE UTILITY COMPANIES. SECOND by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Parks Recreation Director David Bechtold requested Council authorization to utilize an intern for a maximum of 17 weeks this summer. See Clerk's File 1992 -15. MOTION by Willcox to authorize the employment of Lacelle Cordes in the internship program for the Parks Recreation Department with the salary to come from account 101 45100 -01 -319. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Council reviewed a proposed schedule of special Council meetings. Council concurred the proposed May 7, 1992 special Council meeting to discuss the airport relocation planning process should be rescheduled since members of the Council would not be available on that date. See Clerk's File 1992 -15. MOTION by Klassen to set special Council meetings for April 28, 1992, at 7:00 p.m. and for May 13, 1992, at 6:30 p.m. SECOND by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Administrator Stephan Jilk discussed Rosemount Community Day on May 16, 1992. Activities scheduled for that date are the Spring Clean -Up; Rabies Clinic and Parks Improvement Day. City Administrator Jilk presented the placque he received this date from the Dakota County Board of Commissioners for the City's outstanding recycling efforts for 1991. Administrator Jilk noted Rosemount recycled more tons per capita than any other city in the county. Councilmember Klassen informed Council of Knutson Services inviting Council and Commission /Committee Members to tour their materials recovery facility. Department heads were requested to canvass their respective commission and committee members. Department heads were directed to discuss this matter and inform Council of a couple of Saturdays when the majority of members could tour the facilities. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox,. Nays: 0. ATTEST: S ph..e Jilk, C4 y Administrator Respectfu];ly spbmitte 6/ 4i/ Susa• M. Wash, City Clerk 4 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING APRIL 28, 1992 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 28, 1992, at 6:40 p.m. in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Klassen, McMenomy, Staats, and Wippermann present. Councilmember Willcox arrived at 6:55 p.m.. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, and Wasmund. City Administrator Jilk advised the purpose of the meeting was to have the City Council and City Department Heads discuss mutual concerns regarding communication, cooperation and decision making. Klassen requested to set a Special Council meeting for airport discussion. MOTION by Klassen to set a Special Council Meeting for May 12, 1992 at 7:00 p.m. for the purpose of hearing a presentation by Metropolitan Council and Metropolitan Airport Commission on the airport planning process. Second by McMenomy. Ayes: 4. Nays: 0. Council and Department Heads then discussed the following issues: 1. Positive reinforcement of committees /commissions 2. Budget process and Council involvement 3. Administrations role in budget /operations 4. Communication between Council and staff on decisions and the need for strong recommendations from staff. 5. Improving the substance of reports to Council from staff. 6. The need for Council preparation for Council meetings. 7. Staff support of the Council and the Council's support of staff. 8. The importance of staff presenting "pros" and "cons" on recommendations to Council. 9. The need to communicate and involve Council in certain processes. MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 5. Nays: 0. ATTEST: E.B. McMenomy, Mayor Respectfully submitted, 1 eph. Jilk „C�rty Administrator Pursuant to due City Council of May 4, 1992, at ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 4, 1992 call and notice thereof a special meeting of the the City of Rosemount was duly held on Monday, 6:30 p.m. in the Council Chambers at City Hall. called the meeting to order with all members Mayor McMenomy present. Mayor McMenomy explained the purpose of the special meeting was to allow a public hearing to consider City Project 206, 145th Street Reconstruction from Shannon Parkway to Diamond Path as a 52 -foot roadway. Mayor McMenomy opened the public hearing to consider City Project 206. The city clerk presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. See Clerk's File 1992 -17. City Engineer Bud Osmundson provided overviews of cross sections for a 40 -foot wide design and 52 -foot wide design for 145th Street between Shannon Parkway and Diamond Path. City Staff and Council answered several questions from the audience regarding the 52 -foot roadway construction. Several residents in the audience provided comments and input to the City Council on whether they favored a 52 -foot roadway or a 40 -foot roadway. City Engineer Bud Osmundson explained the basis for originally designing 145th Street between Cameo and Diamond Path as a 40- foot wide roadway. City Engineer Osmundson presented a concept drawing of Connemara Trail between Shannon Parkway and Highway 3 and commented on how the proposed street as a four -lane roadway would decrease the traffic numbers on 145th Street. Public Works Director Ron Wasmund presented his recommendation that 145th Street should be designed as a 40 -foot two lane road with parking on the north side. In response to questions from the Council, Public Works Director Wasmund stated a four -lane design would increase traffic speeds on 145th Street and that the location of a fire station on 145th Street would have insignificant impact on whether to construct a four -lane or two -lane street. MOTION by McMenomy to close the public hearing. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Considerable discussion followed by Council with members of the Council commenting on their reasons for supporting either the 52- foot wide design or the 40 -foot wide design. Councilmembers 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 4, 1992 Klassen and Wippermann indicated their continued support of Project 206 as a 40 -foot wide roadway approved on April 16, 1992. MOTION by Willcox to adopt A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, 145TH STREET RECONSTRUCTION BETWEEN SHANNON PARKWAY AND DIAMOND PATH, CITY PROJECT 206, M.S.A.P. 208 103 -06. SECOND by Klassen. Ayes: Wippermann, Staats, Klassen, Willcox. Nays: McMenomy. Discussion was held by Council regarding the burying of electrical lines in conjunction with Project 206. Council discussed the estimated costs for burying all power lines up to the residences and for only burying lines that cross the street. MOTION by Willcox to bury the electrical and cable lines that cross 145th Street at the City's expense. SECOND by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: McMenomy. MOTION by Staats to adjourn. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. N =ys: 0. ATTEST: tepha/ Jilk, y Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 5, 1992 Respectfuj.ly;submi ted, s an M. Walsh, City Clerk 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, May 5, 1992, at 7:30 p.m., in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Wippermann, Staats and Klassen present. Councilmember Willcox was absent. Mayor McMenomy led the group in the Pledge of Allegiance. The agenda was amended to include the following: Item 9(a) Kemira Project and Item 9(b) 1992 Tax Bill. Mary Montagne, Chemical Health Project Coordinator from Dakota County, informed the City Council of the five -year community partnership grant for substance abuse prevention the County received. From this grant, the policy- making body which will address alcohol and drug abuse related problems within the County ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 5, 1992 will be the Dakota Alliance for Prevention. Ms. Montagne requested the City Council to consider nominating a representative from the City to serve on the Dakota Alliance for Prevention. Following discussion by Council, the City Council concurred to appoint a representative at the May 19, 1992 regular meeting. See Clerk's File 1992 -18. Kevin Carroll, from SOAR, updated the City Council on SOAR's fundraising activities and the organization's recent efforts regarding the airport planning process. City Administrator Stephan Jilk updated the City Council regarding the recent meeting of the Technical Advisory Committee of which the administrator is a member. The Council directed the city administrator to draft a resolution indicating the Council's support that the EQB be the responsible agency for determining the adequacy of the EIS or AED. See Clerk's File 1992 -18. Councilmember Klassen updated Council on the April 22, 1992 EIS Scoping Meeting held at the Rosemount High School. Director of Planning Lisa Freese presented a draft agenda for a special council meeting to be held on May 12, 1992, at 7:00 p.m. to allow representatives from Dakota County, Metropolitan Council and Metropolitan Airports Commission to discuss the airport planning process. Director Freese will invite all city commission and committee members to attend this meeting. See Clerk's File 1992 -18. Mayor McMenomy opened the public hearing scheduled at this time to consider the extension of Kady's On -Sale and Special Sunday Liquor License. The City Clerk presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1992 -18. City Clerk Susan Walsh recommended that Council continue the public hearing until after the applicant has had his sentencing hearing on a felony charge he pled guilty to in Ramsey County. No member of the audience indicated they were present to comment at the public hearing. MOTION by Staats to continue the public hearing to consider the extension of Kady's liquor license to July 7, 1992, at 8:00 p.m. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Clerk Susan Walsh reviewed the newly adopted Dakota County Commissioner Districts. See Clerk's File 1992 -18. City Engineer Bud Osmundson recognized May 17 -May 23, 1992 as National Public Works Week. Engineer Osmundson presented several slides which showed the various tasks performed by the Public Works Department employees. See Clerk's File 1992 -18. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 5, 1992 Mayor McMenomy proclaimed May 17 through May 23, 1992 as National Public Works Week in the City of Rosemount. Councilmember Klassen referenced the change made to the draft minutes of the April 21, 1992 Council Meeting. Item 4(h) was moved for discussion under new business. MOTION by Klassen to approve the Consent Agenda with the noted changes. SECOND by McMenomy. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. See Clerk's File 1992 -18. Police Chief Lyle Knutsen reviewed the vehicle towing and impoundment specifications noting the changes that were made as a result of discussion at the April 7, 1992 Council meeting. Representatives from AAA Salvage and Magnum Towing provided input on the proposed specifications. Discussion was held by Council on the bidding process and what percentages should be considered for the different components of the bid proposal. Council concurred the Police Chief should determine the bid percentages of the various bid components before advertising for the bids. See Clerk's File 1992 -18. MOTION by Services authorize at 10:00 SECOND by Nays: 0. McMenomy to approve the Vehicle Towing and Impoundment Specification and related contract documents and to advertising of bids with an opening date on June 1, 1992, a.m., subject to amendments to the bid proposal form. Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Council discussion was held on the Lance Johnson mining permit for his property located on the west side of Rich Valley Boulevard. City Attorney Mike Miles recommended that Bituminous Roadways post the bond for Lane Johnson for the duration of the permit in the amount of $68,000 subject to the city attorney's approval of the bond in form and substance. Council discussed the request to have the hours of operation from 7:00 a.m. to 8:00 p.m. rather than 7:00 a.m. to 7:00 p.m. Council agreed that because of the location of the mining operation, the additional hour should be permitted, but noted this specific instance should not be considered as setting a precedence by other mining operations. See Clerk's File 1992 -18. MOTION to approve the Lance Johnson mining permit subject to the mining conditions and to authorize the execution of the permit. SECOND by McMenomy. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. Council discussed the vehicles and equipment purchases recommendation from Public Works Director Ron Wasmund. Councilmember Staats recommended the Fire Department 3/4 ton truck be considered as a trade -in and the 1984 LTD be salvaged rather than used as a trade -in. See Clerk's File 1992 -18. MOTION by Klassen to approve the award for equipment purchases and re- advertise bids for 1992 vehicle and equipment purchases as outlined in the Public Works Director's memorandum dated 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 5, 1992 April 2, 1992. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. Council reviewed the recommendations received from the city administrator regarding the process for holding a referendum this fall to purchase certain equipment and to construct a new fire station. Architect Charles Novak advised Council of his opposition to the city administrator's recommendation to negotiate a contract with Boarman and Associates for the design referendum approval and construction of the proposed fire station and remodelling. Mr. Novak felt consideration should be given to his firm since he was a local business owner. Administrator Jilk advised his recommendation was based upon his knowledge that Boarman and Associates worked very well with the citizens advisory group and that he is confident the movement from the facilities needs study to the design and construction phase will cause some cost savings if the same firm is used. See Clerk's File 1992 -18. Council discussed the administrator's request to proceed with getting appraisals and an option on the land for the new fire station. Considerable discussion was held on the location for the proposed fire station and whether other locations should be considered besides the location specified in the Fire Station Study. Council agreed to table action on this request until the May 19, 1992 Council meeting. See Clerk's File 1992 -18. MOTION by McMenomy to approve the recommended action for Item A subject to including a request for proposals with a qualification element to the request for proposal, to approve Item B and to table action on Item C. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. Council reviewed the recommendations from the City Administrator regarding promotions within the Administration Department and the hiring of a receptionist. See Clerk's File 1992 -18. MOTION by Klassen to approve the recommendations in the City Administrator's memorandum of May 1, 1992, outlining promotions and hiring to revise the Administration Department. SECOND by McMenomy. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. Public Works Director Ron Wasmund requested Council approval to hire Douglas Aldrich for the position of Mechanic I with a starting date of May 18, 1992. See Clerk's File 1992 -18. MOTION by Klassen to approve the hiring of Douglas Aldrich as a Mechanic I with salaries and benefits as outlined in the Public Works Director's memorandum subject to a successful pre employment physical and driver's license check. SECOND by Wippermann. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. Director of Planning Lisa Freese requesting the hiring of Marie Darling as a Planning Intern with a starting date on or about May 20, 1992. See Clerk's File 1992 -18. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 5, 1992 MOTION by Klassen to approve the employment of Marie Darling as Planning Intern for twelve weeks with the total salary not to exceed $3,840. SECOND by Staats. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. Discussion was held by Council on the contract for architectural services to build a shelter at Jaycee Park. Parks Recreation Director David Bechtold recommended the services of Schwarz /Weber Architects, Inc. of Minneapolis, Minnesota. Neil Weber from this firm advised construction would begin around September 1st. See Clerk's File 1992 -18. MOTION by Staats to approve and award the contract to Schwarz /Weber Architects, Inc. for the amount of $9,750.00 to design and carry out the architectural services for the Jaycee Park shelter and to authorize funding from Account Number 202- 49002 -01 -521. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. Public Works Director Ron Wasmund requested Council authorization to expend an amount of $10,860.00 from CIP reserves for the repair of the City Hall roof and cosmetic ancillary repairs on the interior of City Hall. See Clerk's File 1992 -18. MOTION by McMenomy to approve expenditure of $10,860.00 from Account Number 202- 49002 -01 -538 for the roof and ancillary repairs to City Hall subject to the City Attorney reviewing all available legal options. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. Director of Parks Recreation David Bechtold presented for Council consideration the plans and specifications for play equipment for Jaycee Park and requested authorization to advertise for bids with a bid opening date of May 19, 1992 at 10:00 a.m. See Clerk's File 1992 -18. MOTION by Wippermann to approve the plans and specifications and to authorize the advertising for bids for play equipment for Jaycee Park. SECOND by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. Director of Planning Lisa Freese reviewed several proposed text amendments to the Zoning Ordinance and the Subdivision Ordinance and requested that Council scheduled a public hearing for consideration of these changes. See Clerk's File 1992 -18. MOTION by Klassen to set a public hearing at 8:00 p.m., on May 19, 1992, to consider text amendments to Ordinance B and Ordinance XVII.4. SECOND by McMenomy. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. City Administrator Stephan Jilk informed Council of the final selection by Kemira to locate its hydrogen peroxide plant in Green Bay, Wisconsin. 5 City Administrator informed Council the newly enacted State Sales Tax could cost the city approximately $60,000 between June 1, 1992 and December 31, 1992. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: 4. Nays: 0. ATTEST: Step �n Jilk,/Jcity Administrator 6 Respectfully subm tted, Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was held on Tuesday, May 12, 1992, at 7:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with all members present. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy advised the purpose of the meeting is to discuss the airport relocation /site selection process and the impact that the process will have on the City. Metropolitan Council Staff Member Bob Overby explained the land use review requirements as a result of the city being included in the "Dakota" airport search area. Nigel Finney, Metropolitan Airport Commission Deputy Executive Director, presented an overview of the dual track process, a proposed schedule for the remainder of the process and various issues that will be addressed prior to a recommendation to the legislature. Mr. Finney also addressed environmental issues and the environmental review process. John Tocho, Dakota County Planner, explained the how the county's unified data base is being utilized in the site selection process. John Kari of the Metropolitan Council addressed economic and social impacts on a regional and local basis, and the process for analyzing these potential impacts. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 5, 1992 an M. lsh, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 12, 1992 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 12, 1992 Following the presentations, the various representatives answered several questions from the audience. MOTION by McMenomy to adjourn. SECOND by Will ox. Ayes: 5. Nays: 0. ATTEST: E. B. McMenomy, Mayor ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 13, 1992 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Wednesday, May 13, 1992, at 6:30 p.m. in the Council Chambers for the purpose to provide City Council with input on goals for the City in 1992 in preparation for the June 15, 1992 Special City Council /Department Head Goal Setting Session. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats and Wippermann present. Commissioners present were Planning: Baago, Busho; Parks Recreation: John Howard, Linda Ladzun, Jerry Puciaty; Port Authority: Anderson, Dunn, Edwards, Mawe (McMenomy, Wippermann). Staff present: Attorney Mike Miles, City Administrator Stephan Jilk, Planning Director Lisa Freese. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy advised those present that the City Council called this Special Council Meeting for the purpose of taking input from commission members to assist the City Council in establishing goals for 1992. The City Council then entertained suggestions for issues and ideas to address in the goal setting. These issues and ideas presented were grouped into generally defined areas as follows: INFRASTRUCTURE 1 2) 3) frit Respec fualy bmit S an M. W. sh, City Clerk 2 Public Safety; support continued upgrading of public safety departments to maintain services. Police Services; community awareness /visibility Match level of service to growth 1 1 1 4) Look at alternatives to meeting these service levels 5) Focus on service needs: a. Sewer and Water, support expansion of sewer treatment facilities. b. Support sewer and water extension to light industrial development areas. c. Sufficient staffing to support building programs and expansion 6) Transportation; public transportation to serve community ECONOMIC DEVELOPMENT 1) Accessible downtown parking 2) Complete downtown development plan 3) Establish retail zoning on CR42 4) Support Retail /Service businesses 5) Highway 3 (downtown) status planning 6) Establish industrial park; zoning and utilities 7) Economic development promotion /recruitment 8) Infrastructure to support economic growth 9) Employment opportunities 10) Complete ice arena now 11) Highway 52 Corridor utilities for development 12) Develop public /private partnerships for development 13) Complete Strese Oil project soon 14) Balance economic /residential growth 15) Select site for industrial park 16) Utilize Comprehensive guide plan for downtown development 17) Determine what "downtown" really is. PLANNING 1) Complete Comprehensive Guide Plan 2) Support no greater than 50% increase in population over life of Comprehensive Guide Plan 3) Support park development per Parks Master Plan PUBLIC COMMUNICATION 1) Council /commission communicate purpose and direction to commissioners 2) Friendly meeting place for all ages 3) Utilize cable channel for public information 4) Public information network (i.e. schools, organizations, city) 5) Continue "Town Meeting" process 6) Encourage cable system expansion 7) Staff, Council, Commissions communications QUALITY OF LIFE 1) Define 2) Continue to support "Family Friendly Factors ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 13, 1992 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 13, 1992 MOTION by McMenomy to adjourn the meeting. Second by Klassen. The meeting was adjourned at 10:20 p.m.. Respectfully su•iiitted, Step .n Jilk, pity Administrator ATTEST: 4 Ac f ttta n7 E.B. McMenomy, Mayor ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 19, 1992 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, May 19, 1992, at 8:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with all members present. Mayor McMenomy led the group in the Pledge of Allegiance. The agenda was amended to include Item 7(e) Carrollton II Addition. Mayor McMenomy opened the public hearing scheduled at this time to consider proposed text amendments to Ordinance B, City of Rosemount Zoning Ordinance, and Ordinance XVII.4, City of Rosemount Subdivision Ordinance. The city clerk presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1992 -21. Director of Planning Lisa Freese reviewed the proposed text amendments for Ordinance B and Ordinance XVII.4 which were recommended for approval by the Planning Commission at its May 15, 1992 meeting. There were no questions or concerns expressed from the audience. Director Freese answered questions from Council regarding the changes to the ordinances. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 19, 1992 MOTION by Wippermann to close the public hearing. SECOND by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. 1 1 MOTION by Willcox to adopt ORDINANCE NO. B -20, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE, and approve the summary for official publication. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Willcox to adopt ORDINANCE NO. XVII.101, AN ORDINANCE AMENDING ORDINANCE XVII.4, CITY OF ROSEMOUNT SUBDIVISION ORDINANCE, and approve the summary for official publication. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Ron Pederson provided additional costs and financial information to the Council regarding the construction of an ice arena in conjunction with the community center. Mr. Pederson answered questions from the Council regarding construction start time, proposed exterior finish, committed ice time and other possible funding sources. The City's financial consultant Dan O'Neill of Springsted, advised Council of his preliminary review of financial data and discussed the possibility of the Port Authority selling revenue bonds for the financing of the arena. Following discussion, Council agreed Mr. O'Neill should continue analyzing the financial information provided by the arena committee and provide his findings at the June 2, 1992 regular council meeting. See Clerk's File 1992 -21. Councilmember Klassen advised the recent market study by the Minnesota Valley Transit Authority initiated three new types of services for Rosemount residents. One of these services will include a new bus route on County Road 42 from Rosemount to Burnsville Center. See Clerk's File 1992 -21. MOTION by Willcox to approve the consent agenda with the exception of the $50,000 transfer from Port Authority to General Fund as addressed under Item 5(f). SECOND by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Discussion was held by Council on whether Port Authority Board members should have to be Rosemount residents as presently required or whether the city administrator should research the pros and cons of appointing non residents. See Clerk's File 1992 -21. MOTION by Staats to affirm residency requirements for Port Authority members. SECOND by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: Willcox. City Administrator Stephan Jilk informed Council of the support received from the Chamber of Commerce, Port Authority and Planning Commission for the establishment of a downtown plan. Administrator Jilk reviewed the summary of the work session held on November 23, 1991. Mr. Jilk further advised the steering ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 19, 1992 committee would recommend whether the majority of the work for the plan would be done by in -house staff or by a consultant. Mayor McMenomy felt council should give further consideration to the specific charge of the steering committee and how the plan will conform with the reviewed Comprehensive Guide Plan. See Clerk's File 1992 -21. MOTION by Staats to accept the recommendation of the Ad Hoc Committee to develop a downtown development /redevelopment plan and begin the process by forming a steering committee to coordinate this process. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. City Administrator advised seven candidates were interviewed for the economic development coordinator position and there is a pending offer to one of the candidates. See Clerk's File 1992- 21. City Engineer Bud Osmundson reviewed the bids received this date for City Project 206, 145th Street Reconstruction, and City Project 212, Diamond Path Street Improvements, and recommended Council award the bid to the lowest responsible bidder. See Clerk's file 1992 -21. MOTION by Willcox to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR 145TH STREET RECONSTRUCTION, CITY PROJECT 206. SECOND by Staats. Ayes: Willcox, Wippermann, Staats, Klassen. Nays: McMenomy. MOTION by Willcox to adopt A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR DIAMOND PATH STREET IMPROVEMENTS, DAKOTA COUNTY PROJECT NO. 33 -03, CITY PROJECT NO. 212. SECOND by Staats. Ayes: Wippermann, Staats, Klassen, Willcox. Nays: McMenomy. MOTION by Willcox to adopt A RESOLUTION FOR ADVANCED ENCUMBRANCE ON 145TH STREET RECONSTRUCTION, M.S.A.S. NO. 208 103 -06, CITY PROJECT NO. 206. SECOND by Staats. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: McMenomy. Council discussed the location for a new fire station. City Administrator Stephan Jilk provided an overview of the 1988 Fire Station Location Study completed by Consultant Fred Hoisington who recommended a new central station be located on 145th Street between Shannon Parkway and Chippendale Avenue. Administrator Jilk noted the location of the fire department's volunteer firefighters was the main determinant for this recommendation. Fire Chief Scott Aker informed Council of the fire department members' support of this location. Members of the Council felt locations south of 145th Street should be considered and also the Strese property located on Shannon Parkway. See Clerk's File 1992 -21. MOTION by Klassen to re- affirm the recommended site for the proposed fire station for the City of Rosemount as recommended in the 1988 study by Hoisington Group, Inc. SECOND by Wippermann. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 19, 1992 Ayes: Klassen, Wippermann. Nays: Willcox, McMenomy, Staats. Motion failed. Further discussion was held on the Strese property as a possible location for a fire station with Council reaching a consensus that a preliminary site analysis should be done on the property. Council reviewed the Request for Proposals (RFP) for architectural services on construction of a fire station and public works facility remodeling. See Clerk's File 1992 -21. MOTION by McMenomy to approve the RFP for architectural service and authorize the advertising for proposals for these services. SECOND by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. At this time, by unanimous consent, the City Council went into a closed session for the purpose of discussing the pending litigation between the City and Sunrise Builders. The regular meeting reconvened with the continuation of the regular agenda items. Chairperson of the Leprechaun Days Committee Joe Walsh reviewed the Leprechaun Days events for this year and requested City Council approval on certain items and events. See Clerk's File 1992 -21. MOTION by Wippermann to approve Items 1 through 7 as listed in Chairperson Joe Walsh's memorandum dated May 19, 1992. SECOND by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. City Attorney Mike Miles reviewed the process for changing the City from a Statutory City to a Home Rule Charter City and the advantages and disadvantages for such a conversion. Mr. Miles specifically addressed the issue of dividing the city into wards and how this could be accomplished through a Home Rule Charter. A general consensus was reached by Council that the current process of electing councilmembers at large should continue. See Clerk's File 1992 -21. MOTION by McMenomy to authorize city staff to proceed with the hiring of an engineering technician intern. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. See Clerk's File 1992 -21. MOTION by Klassen to accept the resignation of Eric Carlson, to approve the employment of Pat Sellner as the Assistant Program Director from May 20 to September 1, 1992 and to authorize advertising to fill that position again by September 1, 1992. SECOND by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. See Clerk's File 1992 -21. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 19, 1992 Councilmember Willcox commented on several complaints he received from residents living adjacent to Carrollton 4th Addition regarding severe dust problems due to grading for the new development. Public Works Director Ron Wasmund advised he will investigate these complaints. Councilmember Klassen recommended that Sam and Karen Garofalo be appointed to the Dakota Alliance for Prevention See Clerk's File 1992 -21. MOTION by Willcox to approve the nomination of Sam and Karen Garofalo to represent the City of Rosemount on the Dakota Alliance for Prevention and request the Dakota County Board of Commissioners to approve this nomination. SECOND by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. City Administrator Stephan Jilk commented on the summary of 1992 legislative action provided by the Association of Metropolitan Municipalities. See Clerk's File 1992 -21. MOTION by Willcox to adjourn. SECOND by McMenomy. Ayes: 5. Nays: 0. ATTEST: Administrator Respect lly submi INV 5 sh, City Clerk Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was held on Tuesday, May 19, 1992, at 9:00 p.m. in the Council Lounge at City Hall. Mayor McMenomy opened the closed meeting with all members present. Also present were City Attorney Mike Miles and City Administrator Stephan Jilk. City Attorney Mike Miles advised the City Council on the status of the pending litigation between the City of Rosemount and Sunrise Builders. By unanimous consent of the Council the meeting was adjourned. ATTEST: r• 45. /1tic ~mal E. B. McMenomy, Mayor Respe•- fully subm4 Step :n Jilk, C A d� rator (1) ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 19, 1992 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 26, 1992 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 26, 1992, at 7:00 p.m., at Rosemount High School Student Center. Mayor McMenomy called the meeting to order with all members present. Mayor McMenomy led the group in the Pledge of Allegiance. Also present were the following committee or commission members: Bill Mawe, Al Meyer, Linda Ladzun, John Edwards, Joan Anderson, Ed Dunn, Kurt Gundacker, Cathy Busho and Shawn Mulhern. Staff members in attendance were Ron Wasmund, Stephan Jilk, Lisa Freese, Rick Pearson and Marie Darling. Mayor McMenomy advised the purpose of the meeting is to discuss the Comprehensive Guide Plan Policies. Director of Planning Lisa Freese addressed the issues regarding the capacity of the Rosemount Treatment Plant and that the City's growth has exceeded the Metropolitan Council's growth projections which were used to determine the design capacity. Ms. Freese interim the alternatives available as nterim measures until the ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 26, 1992 treatment plant is expanded and the implications of this capacity issue on the development of the new guide plan. See Clerk's File 1992 -22. Assistant Planner Rick Pearson informed the members of the Metropolitan Council's changed policies regarding unsewered development in its attempt to limit growth in rural areas. Planner Pearson commented on his discussion with Metropolitan Council representatives and felt there may be some flexibility in their policy for requiring a minimum of one housing unit per ten acres in unsewered rural areas. Planning staff discussed the implications of the policy change on the city and the alternative strategies the city could pursue. See Clerk's File 1992 -22. Considerable discussion was held on how the group felt the Kelly Trust property should be developed and specifically whether the property should be developed as rural residential or urban residential with the rural residential serving as a transition zone. City Administrator Stephan Jilk provided background information on the acquisition of the property by the Kelly Trust, historical information on the zoning designations of the properties from the early 1970's to present, the development of Shannon Park Elementary and Shannon Park and pending assessments against the property. Administrator Jilk also discussed with the members the issue of down zoning and the legal implications involved. Public Works Director Ron Wasmund reported on a recent meeting with legal counsel for the Kelly Trust regarding the City's acquisition of Birger Pond and the current status of the water tower. Each commission and council member presented his /her viewpoint on how the property should be developed. These comments included concept development negotiations with the Kelly Trust representatives, preservation of the hills, designating the property as rural residential, designating the property as a transition zone, developing a PUD concept plan, keep the Kelly and Daly properties as separate development concepts, utilize park dedication and keep the current urban residential zoning designation. Consultant Fred Roisington recommended developing a planned unit development concept for the Kelly Trust properties. Mr. Roisington felt a PUD would allow for preservation of the land but still maintain the appropriate density to satisfy both the City and Kelly Trust needs. Following further discussion, it was agreed the consultant should develop a PUD land use concept for Council consideration at their June 30, 1992 special council meeting. Director of Planning Lisa Freese addressed commercial land use. Ms. Freese identified the area and reviewed the findings of the McComb study. Members of the group expressed their viewpoints on 2 1 1 retail and commercial development in the downtown area and on County Road 42. MOTION by McMenomy to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. ATTEST' pha. Jilk, Mayor McMenomy councilmembers Jilk, Knutsen, attendance was Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 26, 1992 Respectfully submitted, ),/j Susan M. Walsh, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 2, 1992 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 2, 1992, at 7:35 p.m. in the Council Chambers. called the meeting to order with all present. Staff present were: Bechtold, Freese, May, Osmundson, Walsh and Wasmund. Also in City Attorney Miles. Mayor McMenomy led the group in the Pledge of Allegiance. An addition to the agenda was Consent: Item 4. n) Set Special Council Meeting to review RFP's on Fire Station for June 23, 1992 at 7:30 p.m.. The SOAR update was given by Kevin Carroll. More discussion on the Biological Survey by Metropolitan Council has taken place. SMAC, South Metro Airport Council and Minneapolis Public Lobby are working on a state noise ordinance. Regular meetings continue, work has begun on a booth at the county fair, and a community action group is forming. See Clerk's File 1992 -23. Councilmember Klassen encouraged attendance at a special airport meeting at the Decathelon Club on June 4, 1992, call 646 -0787 to register. Examples of the development situations for Denver and Kansas City airports will be discussed. Much speculation on land development did not merit any profit for developers. Also the railroad industry has gone through a similar downturn as the airline industry is now experiencing. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 2, 1992 The 1991 Audited Financial Statements were reviewed by Roger Schanus of Boeckermann, Heinen and Mayer. Total expenses are down nearly $500,000 from last year. The budget process has been improved. See Clerk's File 1992 -23. Mayor McMenomy opened the Public Hearing on the Comprehensive Guide Plan Amendment at 8:00 p.m.. Administrator Jilk confirmed that the necessary affidavits were provided for the record. Director of Planning Lisa Freese reviewed Comprehensive Guide Plan Amendment Number 22. The purpose is to amend the sewer service district plan element of the City's Guide Plan to allow the permanent diversion of waste water flows from 767 acres located in Sections 31 and 32, Township 115, Range 19 from the Rosemount Waste Water Treatment Plan to Empire Waste Water Treatment Plan and to add approximately 245 acres designated as Medium Density Residential to the Metropolitan Urban Service Area. This will extend the life of the Rosemount Treatment Plant from 1 -1 years to 3 -1 years. This will provide for future development in regard to Metropolitan Waste control management. See Clerk's File 1992 -23. MOTION by McMenomy to close the public hearing. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. The public hearing was closed. Discussion ensued. Empire treatment plant now services parts of Apple Valley, Lakeville and Empire Township. The long term plan of 2003 should be accelerated to 1998 with more capacity allowed at Empire. MOTION by Willcox to adopt A RESOLUTION AMENDING THE COMPREHENSIVE GUIDE PLAN OF THE CITY OF ROSEMOUNT TO CHANGE THE SEWER SERVICE DISTRICT PLAN FOR SECTIONS 31 AND 32 AND TO DESIGNATE 245 ACRES FOR INCLUSION IN THE METROPOLITAN URBAN SERVICE AREA. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Administrator Jilk reviewed the information presented on the Community Center Arena. The City's financial consultant, Dan O'Neill, prepared a yearly operating budget which was reviewed. The Port Authority made two motions recommending to City Council the issuance of general obligation bonds and to call for preparation of the architectural plans in regards to the community center arena. Mr. O'Neill advised he is still working out some of the final details and that the dollar figures have not been agreed upon. Mr. O'Neill is looking for a higher dollar amount for ice time rather then the dollar amount prepared by the ice arena group. Willcox called for the letters of commitment for use of ice time to be reviewed by the City Attorney. Wippermann noted that the issue of shared lobby facilities needs to be resolved. Ralph Baxley of Rosemount, repeated information from the Port Authority meeting that if an $80,000 deficit occurred, the average 2 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 2, 1992 homeowner would only have an increased property tax of $2.00 per year; a reasonable expense for the amount of local business increase possible with teams and spectators using this facility. Public informational meetings will be planned as the armory /community center develops. Jilk advised that bids for the National Guard Armory will be received on August 13, 1992; a signed contract by September 30, 1992 the end of the Federal government fiscal year. June 16, 1992 will be the last opportunity for the City to proceed with the community arena. The arena will be bid as an alternate to the main armory facility. MOTION by Willcox to have architectural plans drawn for the community arena by Arthur Dickey and Associates. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Willcox to approve all items on the Consent Agenda as amended. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by McMenomy to approve the suggested names for the Downtown Plan Scoping Committee membership appointments as follows: Arlyn Cope, Beth Willcox, Karl Biewald, Bernard McGarrigle, Reid Hansen, Ron or Rich Carlson, John Loch, Ken Talbot, Jean Riegert, Rita Gundacker, and Ena Cisewski. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Willcox to receive the bids and award the contract for repair of the Fire Hall and Well House #3 and #6 roofs to Water Tight Systems of St. Cloud in the amount of $58,431.00. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Wippermann to accept the bids and to award the contract for play equipment in Jaycee Park to Earl F. Andersen for a price not to exceed $35,000. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Jilk reviewed information on the fire station location. A preliminary site feasibility study was conducted by David Kroos of Boarman Associates. This study recommended the most buildable site to be at 145th Street and Dodd Boulevard. MOTION by Wippermann to reaffirm the choice of the location for the proposed fire station as recommended in the 1988 Fire Station Location Study. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 2, 1992 MOTION by Wippermann to direct staff to meet with the property owners to discuss the purchase and to order appraisal of the property to determine value. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Discussion followed regarding the fire station and directing staff to hold public hearings, public informational meetings and get drawings for review. Three to four acres will be acquired from the property owners. The Dakota County CIP 1992 -1996 was reviewed by staff. City Engineer Bud Osmundson reviewed some future projects. There was only one project the City took exception to, the paving of Akron Avenue from Cliff Road to County Road 42 at a cost of $648,000. The car count is 200 per day with mostly agricultural land use so few homes would be available from assessments. It would be a high cost to the City with no feasible way to pay back the reconstruction fund. MOTION by McMenomy to advise Dakota County that the City of Rosemount supports those projects in the Dakota County 1992 -1996 CIP, however not the paving of Akron Avenue from Cliff Road to County Road 42 and that Council requests a process review to give more time for cities to respond and participate in the cost sharing procedures and review of projects. Second by Willcox. Ayes: Klassen, willcox, Wippermann, McMenomy, Staats. Nays: 0. Public Works Director Ron Wasmund explained Ground Development's situation with the developing of Shannon Hills. Mr. Steven Fiterman submitted a letter asking for an adjustment of terms. The Finance Director, Jeff May, advised it would be no hardship to the City. MOTION by Staats to approve deferment of special assessments for Project #189 for repayment over the next nine years. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Public Works Director Ron Wasmund reviewed the second phase of the reconstruction of 145th Street West between Shannon Parkway and Chippendale Avenue. This is proposed to occur in 1993. This would include negotiations for the acquisition of land at the intersection of 145th Street West and Chili Avenue. MOTION by Willcox to adopt A RESOLUTION ORDERING AN UPDATED FEASIBILITY REPORT FOR 145TH STREET RECONSTRUCTION BETWEEN SHANNON PARKWAY AND CHIPPENDALE AVENUE, 2ND PHASE. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Administrator Jilk reviewed the Rural Water System contract with the University of Minnesota. This system has been completed and operated by the City at the University's expense for the last several months. It is fully operational and is meeting all state and city operational guidelines. The Utility Commission will 4 review the contract also at their June 8th meeting. It will then come back to Council for approval on June 16. Dr. Fay Thompson from the University of Minnesota was present for any questions. Otto Ped, a resident of east Rosemount, suggested that the Super Fund available through the State of Minnesota should be considered. He also noted that the City should be represented at meetings concerned with water quality at the University of Minnesota Extension Office in Farmington next Tuesday. Further contamination, health issue, water quality taste, and procedure for hook -ups should be considered in the contract. Jilk noted that the rural water system was designed to provide clean water for the area contaminated from chloroform. The flume, or flow of ground water contamination spread will be tracked by taking water tests which will be paid for by the University. MOTION by Willcox to adopt A RESOLUTION ORDERING A FEASIBILITY REPORT FOR SECTION 31 TRUNK SANITARY SEWER FACILITIES, CITY PROJECT NO. 233. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. The proposed trunk sanitary sewer project would alleviate some of the volume of sanitary sewage flow to the Rosemount Treatment Plant which would enable the City to provide sanitary service to other parts of the City. Council was reminded of an important Goal Setting Session on June 15, 1992 from 4:00 p.m. to 10:00 p.m. which will be at the Dakota County Vo -Tech College in the Rainbow Room. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: 5. Nays: 0. The meeting was adjourned at 11:15 p.m.. ATTEST: t ph ty Administrator 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 2, 1992 Respectfully submitted, j' Linda Jentit Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 15, 1992 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on June 15, 1992, at 4:00 p.m. at the Dakota County Vocational College in the Rainbow Room. Mayor McMenomy called the meeting to order with council members Klassen, Staats, and Wippermann present and staff personnel Aker, Bechtold, Freese, Knutsen, Jilk, May and Wasmund. Mr. Don Bargen attended as the organizational consultant facilitator. City Administrator Jilk explained the purpose of the special meeting was to set goals for the City of Rosemount with the City Council, department heads and the facilitator. Mr. Don Bargen led the group through a process of reviewing previous goals established and setting goals for a 90 day work program with a resulting report back to the community. MOTION by McMenomy to adjourn. Second by Klassen. The meeting was adjourned at 9:55 p.m.. ATTEST: r 4 E.B. McMenomy, Mayor Respectfully submi ed, S -ph Jilk, Ci Administrator 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 16, 1992 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 16, 1992, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Wippermann, Staats and Klassen present. Councilmember Willcox was absent. Also in attendance were staff members Jilk, Walsh, Wasmund, Freese, Bechtold, Kuhns, Knutsen, Aker and May. Mayor McMenomy led the group in the Pledge of Allegiance. The agenda was amended to include Item 4(o) Jaycee Park Timber Work and Item 7(g) Growth Management Seminar. Fire Chief Scott Aker discussed with Council a report and proposal received from 3 -M for an Emergency Vehicle Pre Emption (EVP) System. A short video tape presentation was shown on the 3 -M Opticon System. City staff answered questions from the Council on this emergency system. See Clerk's File 1992 -25. MOTION by Klassen to direct staff to include the purchase of the EVP System in the 1993 CIP with the understanding it is not a motion to purchase the system. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. Mayor McMenomy opened the public hearing to consider proposed text amendments to the City Zoning Ordinance with regards to fence regulations. The city clerk advised the required affidavits were on file. See Clerk's File 1992 -25. Director of Planning Lisa Freese reviewed the proposed amendments advising the proposed fence regulations will be less restrictive than in the past and are being modified for consistency with appropriate current applications. See Clerk's File 1992 -25. Members of the audience had no questions or comments. MOTION by Wippermann to close the public hearing. SECOND by Klassen. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. MOTION by Wippermann to adopt ORDINANCE NO. B -21, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. The Consent Agenda was reviewed by Council with a correction being made to the June 2, 1992 Minutes to include discussion that the final details regarding the financial information for the proposed ice arena have not been completed and the city's financial consultant felt a higher dollar for ice time would have to be considered. See Clerk's File 1992 -25. MOTION by McMenomy to approve the consent agenda subject to a correction to the June 2, 1992 Minutes. SECOND by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 16, 1992 Discussion was held by Council on the bids received and the recommended contract award for the vehicle towing and impounding services. A concern was expressed from the Council that the specifications did not address the Council's direction to specify that the contractor's office be staffed. Discussion from other members of the Council felt staffing the office was not an issue and that the specifications were correct. Councilmember Staats requested action be tabled on awarding the contract until the city attorney renders an opinion on his ability to vote on this issue since he is an employee of AAA Salvage. See Clerk's file 1992- 25 MOTION by McMenomy to table action on the vehicle towing and impounding bids and contract award until the July 7, 1992 council meeting. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. The rural water system agreement between the University of Minnesota and the City was discussed by the City Council. Administrator Stephan Jilk commented on the informational meeting he attended regarding a proposed ground water plan in Dakota County and felt such a plan had no relationship to the rural water system agreement. Following discussion, Council concurred the agreement should include language referencing that the University of Minnesota shall have to continue to comply with the agreement between the University and the Minnesota Pollution Control Agency. See Clerk's File 1992 -25. MOTION by Wippermann to approve the Agreement between the University of Minnesota and the City of Rosemount for the transfer of the University of Minnesota Rural Water System to the City of Rosemount. SECOND by McMenomy. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. Consulting Engineer Brian Bourassa of OSM provided an overview of the Feasibility Report for providing potable water service to the Armory site. The project includes the construction of approximately 3,500 feet of watermain, hydrants, valves and restoration at a total estimated cost of $187,700. Funding for the project will come from assessments, the Armory Fund and the Water Core Fund. See Clerk's File 1992 -25. MOTION by Wippermann to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR ARMORY SITE WATERMAIN IMPROVEMENTS, CITY PROJECT NO. 237. SECOND by Staats. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING FOR ARMORY SITE WATERMAIN IMPROVEMENTS, CITY PROJECT #237. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. Consulting Engineer David Simons of SEH reviewed the Feasibility Report for the construction of sanitary sewer facilities to serve the Armory. Mr. Simons presented three different options for 1 25. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 16, 1992 extending the sanitary sewer and the service area and costs associated with each of the options. The consulting engineer and Public Works Director Wasmund cited several reasons for recommending Option B which would provide service to the Armory and to several parcels located on the east side of Highway 3 and limited future service to areas north and west of the Armory. A concern was expressed from the Council that this option could cause predetermination of future land use. See Clerk' File 1992- MOTION by McMenomy to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR ARMORY SITE SANITARY SEWER IMPROVEMENTS, CITY PROJECT NO. 236 and approving Option B within the Feasibility Report. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. MOTION by McMenomy to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING FOR ARMORY SITE SANITARY SEWER IMPROVEMENTS, CITY PROJECT #236 for Option B of the Feasibility Report. SECOND by Staats. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. Council reviewed the recommendation received from Public Works Supervisor Mike Widstrom for the purchase of a skid steer loader, 3/4 ton full size 4x4 pickup, 1/2 ton pickup, a 1 ton full size 4x4 truck and a full size cargo van. Widstrom recommended accepting the bids and awarding the purchase of the skid steer to Tri -State and the purchase of the trucks and van to Superior Ford. See Clerk's File 1992 -25. MOTION by McMenomy to receive bids and to authorize the purchase of the 1992 vehicles and equipment as per the public works supervisor's memorandum dated June 8, 1992. SECOND by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Wippermann to authorize the hiring of Mr. John Miller to the position of Economic Development Coordinator at a starting salary of $46,400 and two weeks vacation accrual upon the completion of a successful employment physical and driver's license check. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. See Clerk's File 1992 -25. MOTION by Klassen to approve the hiring of Cheryle Coughlin for the position of Receptionist effective July 6, 1992 subject to passing the pre- employment physical and driver's license check. SECOND by McMenomy. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. See Clerk's File 1992 -25. MOTION by Klassen to approve the hiring of Rich Lonnquist as an engineering intern. SECOND by McMenomy. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. See Clerk's File 1992 -25. City Administrator Jilk presented a proposal that would have the Cities of Lakeville, Apple Valley, Farmington and Rosemount enter a joint powers agreement for the operation of a yard waste compost facility at the Lakeville site. Effective February 1, 1993, 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 16, 1992 Dakota County will cease to subsidize the operation of the facility. Council agreed with this proposal and encouraged the administrator to pursue this joint project. See Clerk's File 1992- 25. Police Chief Lyle Knutsen reviewed a proposed agreement between the City and ISD 196 for funding from the school district to pay part of the City's cost of the D.A.R.E. program and to provide an officer to the Rosemount Middle School for a period of twelve hours a week. Chief Knutsen noted the school district authorized these funds as a result of a 1991 bill authorizing school districts to levy property taxes in the amount of $1.00 per capita. Police Chief Knutsen was requested to thank all of the City's patrol officers for their support of the D.A.R.E. program. See Clerk' File 1992 -25. MOTION by Wippermann to approve the D.A.R.E. and Police Liaison Services Agreement between the City of Rosemount and School District 196 whereas authorizing Rosemount Police Department to provide an officer for D.A.R.E. instruction and police liaison services. SECOND by Staats. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. Discussion was held by Council regarding the City inviting surrounding communities and officials from the County to discuss growth management. Councilmember Klassen advised this seminar is a follow up to a seminar she and Planner Rick Pearson attended. Council concurred to host this seminar in the month of August and will furnish available dates to the city administrator. City Administrator Stephan Jilk provided an update on the armory. The plans will be presented to the armory committee on June 18, 1992. MOTION by McMenomy to adjourn. SECOND by Klassen. Ayes: 4. Nays: 0. Stepha Jilk, Cit&7 dministrator Respectfully subiitted,� Su an M. Welsh, City Clerk 4 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 23, 1992 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 23, 1992, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order and lead the Pledge of Allegiance with all council present and City Administrator Stephan Jilk. City Administrator Jilk noted that the purpose of the special meeting was to consider proposals from Architectural firms to provide services on the proposed construction of a fire station and the remodeling of the current station to a Public Works facility. The agenda was amended to include a discussion on a "Growth Management" work session. City Administrator Jilk presented a report on the process to select an architectural firm for the upcoming Fire Station construction /referendum project. Jilk advised Council that following receipt of proposals and holding of interviews the interview team of Mayor McMenomy, Public Works Director Wasmund and City Administrator Jilk are recommending to award the contract to Boarman and Associates of Minneapolis. MOTION by Klassen to approve the hiring of the firm of Boarman and Associates to provide architectural services to the City of Rosemount for Fire Station Construction and Public Works Remodeling as outlined in their proposal dated June 5, 1992 and authorizing the Mayor and City Clerk to sign the necessary contract documents. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Councilmember Klassen discussed the opportunity to hold a joint session with other cities to discuss growth management issues. Council consensus was that Councilmember Klassen should continue to work on this and councilmembers will give her dates in July and August that they would be available. MOTION by Wippermann to adjourn. Second by Klassen. The meeting was adjourned at 7:39 p.m.. ATTEST: E.B. McMenomy, Mayor Respectfully sub tted, n Jilk, 'ity Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 30, 1992 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was jointly held with the Planning Commission, Port Authority, Parks and Recreation Committee and Utilities Commission on Tuesday, June 30, 1992, at 6:40 p.m. in the Council Chambers at City Hall. Acting Mayor Wippermann called the meeting to order with all councilmembers present. Staff members present were Lisa Freese, Rick Pearson, Marie Darling and Susan Walsh. Various commission and committee members were also in attendance. Acting Mayor Wippermann led the group in the Pledge of Allegiance. Mayor McMenomy joined the meeting at 6:55 p.m. An addition to the agenda was Item 2(d)(3) Trunk Highway 3. The purpose of the meeting was to receive input and direction on several remaining issues regarding the Comprehensive Guide Plan update. Director of Planning Lisa Freese reviewed the development process of the Comprehensive Guide Plan update and reviewed the agenda for the meeting. Fred Hoisington from Hoisington Koegler Group, Inc. presented a residential planned unit development (PUD) for the Kelly Trust property. Under this concept the 540 -acre site consisting of the Birger Farm and Daley Farm would need to be planned as one development unit. If the property is planned as one unit, the city will be afforded more opportunities to use clustering and density transfers to protect or reduce the impact of development on important environmental features and provide some flexibility to the developer. It was suggested that an overall density should be considered and performance standards could be developed to ensure further protection. Director Freese reviewed various density scenarios. Based on the existing zoning of R -1 (229 acres) and AG (220 acres), approximately 850 to 920 units could be built on the site. With the proposed urban residential density of 2.5 units, a total of approximately 1300 units could be accommodated in the total development. Discussion ensued on approximate density caps ranging from 2 to 2.5 units per acre. Staff included the concept of a small convenience center in the area of Highway 3 and Connemara as an option. Any strip type mall would be discouraged and any duplication of already provided services would be discouraged. Assistant Planner Rick Pearson noted that any neighborhood convenience center is only to serve those living within one -half mile radius of the store site; and if kept small in size, it would not "compete" with downtown shops. Residents Bernard McGarrigle, 4074 137th Court West, Gary Tschida, 3138 -131st Street West and Same Garrofalo, 3960 137th Street West, commented on preserving the land and staff's ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 30, 1992 consideration of green acres, additional educational needs and city services. Director Freese reported that upon meeting with the school district that existing school sites can accommodate this growth through the year 2010. Director Freese commented on a tax capacity analysis prepared by Planning Intern Marie Darling. Freese noted the analysis provides insight on the tax burden of residential uses relative to nonresidential uses within the city and compared to other cities in Dakota County. Councilmember Wippermann noted that in a fiscal impact study done by another community in the metropolitan area that it would be necessary to have a home valued at least $225,000 in order to pay for the required public services. Director Freese explained that the PUD could have performance standards setting parameters for protection of environmentally sensitive areas and natural features. The consensus of the participants was to further define the performance standards and to review at a later meeting. By unanimous consent, Mayor McMenomy called for a ten minutes break at 8:05 p.m. Discussion followed on commercial zoning. The consensus was not to develop east of Highway 3 and County Road 42, noting that it is not proposed to be included in the MUSA area for the year 2000 and because of the daily railroad traffic. It is was agreed a positive message should be given to potential commercial developers regarding the City of Rosemount's desire for commercial development. This could be done by allowing commercial development between Chippendale Avenue and Shannon Parkway on County Road 42 through a PUD process. The area between Shannon and Diamond Path should not be considered commercial and would be appropriate to develop as residential. The property owners expressed a preference to have the land not be designated residential. The participants decided that then it should remain zoned agricultural and designated agricultural in the comp plan until after 2010. This area would not be included in the MUSA. Due to the late hour, a consensus was reached by the participants that this would be an appropriate time in the agenda to adjourn the meeting. City staff and the participants agreed the next four items should be discussed at the earliest date available. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JUNE 30, 1992 MOTION by Klassen to adjourn. SECOND by McMenomy. Ayes: 5. Nays: 0. ATTE S.san M. Walsh Administrative Assistant ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 Respectfully submitted, 3 Linda Jenti 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, July 7, 1992, at 7 :30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with all councilmembers present: Willcox, Klassen, Wippermann and Staats. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Miller, Osmundson, Walsh and Wasmund. Also in attendance was City Attorney Miles. Mayor McMenomy led the group in the Pledge of Allegiance. The agenda was amended to include: CONSENT: Item 4. e) Approve Donation Expenditure; OLD BUSINESS: 5. d) Growth Management Task Force Set Meeting for August 19, 1992 in Council Chamber; TO FOLLOW PUBLIC HEARINGS: Executive Closed Session on McDonough Law Suit; NEW BUSINESS: 8. f) Tractor Pull; and ANNOUNCEMENTS: Association Metropolitan Municipalities Breakfast July 17, 1992. City Administrator Stephan Jilk introduced John Miller the new Economic Development coordinator who will work closely with the Port Authority. Mr. Miller has received experience working at the cities of St. Cloud, Lino Lakes, Maple Grove and others. The City Council welcomed Mr. Miller. Mr. Miller has met with all Council and Port Authority members and found much interest for progress in the future development of Rosemount. He thanked staff and members for the tours of Rosemount and the background information he was able to obtain. See Clerk's File 1992 -28. The SOAR update was given by Kevin Carroll regarding the airport relocation. The first phase of the environmental review process began in late March. It was felt that the Environmental Impact 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 Statement (EIS) had deficiencies and that the Environmental Quality Board (EQB) was better equipped with professionals to do this adequacy study. A Public Hearing will be held on July 21, 1992 to receive comments on the First Phase by the EQB. The City's participation would be highly recommended. Jim Fitzpatrick of the City of Richfield is the contact person for this meeting. On July 24, 1992 there is a meeting of the "Airport Reuse Task Force The minutes of their last meeting indicated five possibilities for the Minneapolis /St. Paul Airport Site varying from a landfill turned to ski resort, college -vo -tech education, residential, and light aviation. See Clerk's File 1992 -28. Klassen, with consensus of the Council, requested neighboring cities to be contacted in regard to the hearing on July 21 because of the importance it has to the area. Administrator Jilk reported on the Metropolitan Airport Commission Search Area meeting. A configuration of the size and shape of runways was used to find an appropriate location for the airport. Some areas were thereby released because they were not physically conducive to the building of an airport; i.e. wetlands and large structures like Koch Refining. The area left for most likely placing the airport was the southern and eastern part of the Search Area. Planning Director Freese attended a meeting of the Mortgage Bankers Association which discussed how to incorporate the new airport into the Metropolitan system. The airport could 1) stand alone with independent water and sewer system 2) plan a corridor of development down to the airport, or 3) allow additional development to occur outside the MUSA area. This does affect the sewer planning for the Metro plant and the Empire Waste Treatment plant. Also Mesabi Airline presented information that technology may extend the existing airport to remain longer. At the end of the meeting a show of hands indicated that keeping the airport in its present location would be best. Mayor McMenomy called for the Public Hearings at 8:00 p.m. The Public Hearing for Bituminous Roadways Mineral Extraction Permit was opened by Mayor McMenomy and the necessary affidavits were received as confirmed by the recording secretary. Director of Planning Freese noted this permit renewal was applied for by Otto Ped at 4992 145th Street East, which is east of Highway 52 on County Road 42. The Planning Commission did recommend approval with a $30,000 performance bond. See Clerk's File 1992 28. MOTION by Wippermann to close the public hearing. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 MOTION by Wippermann to approve the renewal of the Mineral Extraction Permit as requested by Bituminous Roadways, Inc. for property located at 4992 145th Street East subject to conditions set forth in the Mineral Extraction Permit and posting of the required performance bond in the amount of $30,000 for phase one. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. The continuation of the Public Hearing for Kady's liquor license extension was opened by Mayor McMenomy. Administrative Assistant Susan Walsh advised the public hearing on May 5, 1992 to consider Kady's liquor license amendment was continued since license holder Louie Walsh pled guilty to a criminal charge of theft by swindle. Mr. Louie Walsh was sentenced for a gross misdemeanor on June 18, 1992. Administrative Assistant Walsh advised she was informed by staff from the St. Paul liquor license division that the City of St. Paul, where Mr. Walsh holds a liquor license, is pursuing possible suspension or revocation of his liquor license. See Clerk's File 1992 -28. City Attorney Mike Miles addressed the liquor license statute with regards to a license holder having good moral character and repute, and that the Council would have to determine whether or not Mr. Walsh's criminal charges would have any bearing on his ability to hold a license in the City. Discussion was held by Council on whether or not granting the extension would have any impact on future capability of the Council to suspend or revoke Mr. Walsh's liquor license. City Attorney Miles indicated that a current decision to extend the scope of the liquor license would materially and adversely affect the Council's ability to undertake a suspension or revocation in the future. See Clerk's File 1992 28. MOTION by Willcox to close the public hearing. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Willcox to deny the request to amend the On -Sale and Special Sunday liquor license applications submitted by Louie's, Inc. to allow service of intoxicating liquor in the restaurant side of Kady's. Second by Klassen. Ayes: Willcox, Wippermann, Klassen. Nays: McMenomy, Staats. Motion carried. Mayor McMenomy called for an Executive Closed Session with unanimous consent by the Council for the purpose of discussing pending litigation on the Sunrise Builders site acquisition. The Council, Attorney Miles, City Administrator Jilk and recording secretary retired to the Council Lounge at 8:25 p.m.. The agenda was resumed at 9:10 p.m.. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 City Attorney Miles commented on conflicts of interest for councilmembers quoting Minnesota State Statutes 471.87, 471.88 and 10A.07. He advised even if there is no direct financial gain, just the "appearance" of favor may be reason to withdraw. Mr. Miles gave material to the Council on this matter. See Clerk's File 1992 -28. MOTION by McMenomy to approve the Consent Agenda with a correction on page three paragraph 2, of the June 16, 1992 regular minutes showing McMenomy bringing the motion on City Project 236. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. See Clerk's File 1992 -28. Councilmember Staats stated he will abstain from voting and commenting on the vehicle towing and impound contract because of a possible conflict of interest. MOTION by McMenomy to take off the table the matter of receiving the bids and to award the contract to Magnum Towing Services for towing and impounding of vehicles. Second by Willcox. Ayes: McMenomy, Klassen, Willcox, Wippermann. Nays: 0. Motion carried. Police Chief Knutsen reviewed the criteria used in rating the bids for towing services and storage of towed vehicles. Discussion ensued regarding awarding contracts to business owners within the City, but that the bid system may need revising in order to specify local businesses in the future. Members of the Council felt the previously approved specifications should be honored and awarded to the lowest bidder. MOTION by Wippermann to receive the bids and to award the contract to Magnum Towing Services for towing and impounding of vehicles. Second by Klassen. Ayes: Klassen, Willcox, Wippermann. Nays: McMenomy. Motion carried. City Engineer Bud Osmundson and consulting engineer Brian Bourassa, OSM Engineering, presented information on a feasibility study for Shannon Hills 4th Addition Street and Utility Improvements, City Project 234. Staff recommends acceptance. The estimated cost is $241,700 which would be split over 30 lots and the project was estimated to be completed before fall. See Clerk's File 1992 -28. MOTION by Willcox to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR SHANNON HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 234. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Willcox to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING FOR SHANNON HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 234 on July 21, 1992, at the regular city council meeting. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 City Engineer Osmundson and consulting engineer Dave Simons from SEH presented the feasibility report for Section 31 Trunk Sanitary Sewer, City Project 233. This project is in conjunction with the major Comprehensive Guide Plan Amendment now under consideration with Metropolitan Waste Control Commission. It would allow for additional development in Sections 31 and 32. A larger lift station would be added with larger capacity pipes at a cost of $426,000 not including land acquisitions. $83,000 could be recouped in assessments, the remaining cost would be from the sanitary sewer fund. Completion would be in spring of 1993. MOTION by Willcox to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR SECTION 31 TRUNK SANITARY SEWER FACILITIES, CITY PROJECT 233. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Willcox to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING FOR SECTION 31 TRUNK SANITARY SEWER FACILITIES, CITY PROJECT 233. Second by Klassen. Ayes: McMenomy, Staats, Klassen, willcox, Wippermann. Nays: 0. Parks and Recreation Director Dave Bechtold presented the plans and specifications for Jaycee Park Shelter by the firm Schwarz /Weber Architects. MOTION by Klassen to approve the park shelter specifications as drawn and presented by Schwarz /Weber Architects and to authorize the advertising for bids for the construction of that shelter in Jaycee Park. Second Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Klassen to accept the quotes and to award the contract for the materials and installation of the ballfield fence in Jaycee Park to Century Fence Co. for an amount of $18,814. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Planning Director Freese reviewed background information on Cimarron Village Townhouses. The final plat was approved in October, 1990, however, City Engineer Osmundson determined that a loop would not be necessary for the City's water system in this area. Since the developer has not recorded his final plat with Dakota County, the City Attorney has advised that a revised final plat should be approved by the City. The Planning Commission also recommended approval. Mr. Conlin indicated he will agree with the City's recommendation. See Clerk's File 1992 -28. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE CIMARRON VILLAGE TOWNHOUSES REVISED FINAL PLAT and to authorize execution of the revised development contract. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Councilmember Klassen called for a meeting on growth management that would be a two hour meeting. 5 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 7, 1992 MOTION by Klassen to set a Special City Council meeting on August 19, 1992 at 7:00 p.m. in the Council Chamber for the purpose of a Growth Management Forum. Second by McMenomy. Ayes: wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Administrative Assistant Susan Walsh requested Council approval to participate and receive the results of job evaluation study currently being conducted by Personnel Decisions, Inc. and Hay Management Group. Over sixty -five cities have agreed to participate in the funding of these studies to update comparable worth points originally set in 1985. See Clerk's File 1992 -28. MOTION by McMenomy to approve the expenditure of an amount not to exceed $1,800 for the purpose of participating in the job evaluation study being coordinated by the Metropolitan Area Management Association. Second by Willcox. Ayes: McMenomy, Staats, Klassen, willcox, Wippermann. Nays: 0. City Administrator Jilk presented a "Smoke Free Policy" for the City of Rosemount public buildings and vehicles. He asked Council to review it for input as well as the Fire Department, Parks and Recreation Department and the Armory Committee. Klassen noted that consideration for all vehicles to be non smoking should be given. Council's approval will be requested at the August 19th meeting. See Clerk's File 1992 -28. Councilmember Sheila Klassen had the honor of winning the Leprechaun Days Tractor Pull last year and presented the trophy to challenge any Council member or staff to beat "The Mountain Crusher" tractor she will be driving this year. The contest is scheduled on Sunday, July 26th. The Association of Metropolitan Municipalities has invited all councilmembers and appropriate staff to a Pre Legislation Breakfast on July 15, at 7:30 p.m. at the Country Kitchen in Burnsville. MOTION by Willcox to adjourn the meeting. Second by Staats. Ayes: 5. Nays: 0. The meeting was adjourned at 10:30 p.m.. ATTEST: Limit ep .n Jilk, P ity Administrator Respectfully submitted, Linda Jentink, Recording Secretary 6 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JULY 16, 1992 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Thursday, July 16, 1992 at 6:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. Also present were Stephan Jilk, Mike Miles, David Bechtold, Arthur Dickey, Ed Dunn, John Edwards, Joan Anderson, and members of the Armory Committee. The purpose of the meeting was to review plans and specifications for the construction of the Minnesota National Guard Armory and additions to the Armory to be funded by the City. Arthur Dickey, the project architect, presented an overview of the project and plans, and answered all questions relating to the project. Councilmember Willcox left the meeting. MOTION by Staats to approve A RESOLUTION APPROVING PLANS AND SPECIFICATIONS ON THE ARMORY COMMUNITY CENTER PROJECT AND AUTHORIZE THE ADVERTISEMENT FOR BIDS. Second by Klassen. Ayes: wippermann, McMenomy, Staats, Klassen. Nays: 0. Motion carried. MOTION by Staats to adjourn. Second by Wippermann. Ayes: 4. Nays: 0. Meeting adjourned at 7:35 p.m. ATTEST: r ,a r Respectfully subm ted, S ep Jilk ity Administrator E.B. McMenomy, Mayor ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 21, 1992 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 21, 1992, at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with all councilmembers present: Willcox, Klassen, Wippermann and Staats. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Miller, Osmundson, Walsh and Wasmund. Also in attendance was City Attorney Miles. Mayor McMenomy led the group in the Pledge of Allegiance. The agenda was amended to remove NEW BUSINESS: Item 10. g. Set Public Hearing of Dave Lawson Rezoning Petition; and to pull for discussion from the CONSENT AGENDA: Item 4. j. and 4. k. to discuss meeting dates under NEW BUSINESS Item 10. j. Other additions were 3. c. Dennis Ozment Legislative Update, 10. h. Approve Hertogs, Fluegel Law Firm Billing, 10. i. Diamond Path Change Order to Add Paved Shoulders. See Clerk's File 1992 -30. Administrative Assistant Susan Walsh introduced Cheryle Coughlin the new City Hall receptionist. Councilmembers welcomed Cheryle. Planning Director Lisa Freese reviewed Metropolitan Council's Population and Employment Forecasts indicating that their projections appear low. Freese attributed their low forecast due to incomplete information and because of the size of the report which includes 180 communities. See Clerk's File 1992 -30. State Representative Dennis Ozment was unable to stay to report to City Council because of another commitment. He expressed his desire to address City Council at an upcoming meeting. MOTION by Wippermann to approve the Consent Agenda with amendments to the July 7, 1992 minutes regarding the public hearing to consider extension of Kady's liquor license and the removal of items 4.j. and 4.k. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. See Clerk's File 1992 -30. Mayor McMenomy opened the Public Hearing at 8:00 p.m. for Shannon Hills 4th Addition Improvements, City Project 234. Recording Secretary Jentink indicated the affidavits were present. See Clerk's File 1992 -30. Brian Bourassa, P.E. from OSM Engineering presented a brief overview on the installation of new utilities and street construction for Shannon Hills 4th Addition. MOTION by McMenomy to close the Public Hearing on Project 234. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 21, 1992 MOTION by Willcox to adopt A RESOLUTION TO APPROVE SHANNON HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, PROJECT 234. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Willcox to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR SHANNON HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, PROJECT 234. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Mayor McMenomy opened the Public Hearing for Section 31, Trunk Sanitary Sewer Facilities, Project 233. Recording Secretary Jentink had received the proper affidavits for this project. Clerk's File 1992 -30. David Simons, P.E., from SEH Engineering presented the project. Some easements will need to be acquired. The estimated cost is $426,000 with $83,000 being assessable, the remainder will be from the Sanitary Sewer Fund. MOTION by Wippermann to close the Public Hearing for Project 233. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Klassen to adopt A RESOLUTION TO APPROVE SECTION 31, TRUNK SANITARY SEWER FACILITIES, PROJECT 233. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Klassen to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR SECTION 31, TRUNK SANITARY SEWER FACILITIES, PROJECT 233. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Mayor McMenomy opened the Public Hearing for Project 237. Recording Secretary Jentink indicated the affidavits were on file. See Clerk's File 1992 -30.. Brian Bourassa, P.E. from OSM Engineering reviewed the watermain project to the National Guard Armory on the west side of Highway 3. A portion of the project costs will be assessed to School District 196 and the Armory and the Water Core Fund will pay the remainder. The owner of the South Metro Auto Sales Todd Franz, requested information on the possibility of residents requesting use from this watermain to obtain city water. Director of Public Works Ron Wasmund explained the request would have to come in the form of a petition from the property owners and that the cost for a feasibility study would be passed on to them whether the project proceeded or not. MOTION by Wippermann to close the Public Hearing on Project 237. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 21, 1992 MOTION by Wippermann to adopt A RESOLUTION TO APPROVE ARMORY SITE WATERMAIN IMPROVEMENTS, PROJECT 237. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR ARMORY SITE WATERMAIN IMPROVEMENTS, PROJECT 237. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Mayor McMenomy opened the Public Hearing for Project 236. The recording secretary indicated the affidavits were on file. See Clerk's File 1992 -30. Dave Simons, P.E., from SEH Engineering, did a brief overview on the National Guard Armory site sanitary sewer improvements. Three different routes were investigated. Simons recommended the sanitary sewer be extended to four residences north of South Metro Sales. It would be bored through underground without interruption to traffic flow. Easement most likely would be along the back lot lines of the four residential lots on the east side of Highway 3. The estimated cost of this option is $459,000. Louis Ramsey, owner of the multiple housing on Highway 3, questioned the amount of the assessment for those four properties. City Engineer Osmundson estimated that $27,000 would be divided by the four owners. Any additional residents wanting to hook up to these improvements would have to petition the City. A Public Hearing will occur on assessments as the process provides to allow for comment or appeal. MOTION by Wippermann to close the Public Hearing for Project 236. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Willcox to adopt A RESOLUTION TO APPROVE THE ARMORY SITE SANITARY SEWER IMPROVEMENTS, PROJECT 236. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Willcox to adopt A RESOLUTION TO ORDER PLANS AND SPECIFICATIONS FOR ARMORY SITE SANITARY SEWER IMPROVEMENTS, PROJECT 236 WITH AN ALTERNATE TO THE EAST OF HIGHWAY 3. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. City Engineer Bud Osmundson reviewed the feasibility study for O'Leary's Hills 5th Addition Street and Utility Improvements, City Project 232. Dave Simons, P.E. of SEH explained the feasibility study showing the project is feasible. The addition would allow for 35 lots with an estimated cost of $409,000 of which $148,000 would be assessed to the residents. The estimated timeline would have bids accepted on October 6, 1992 with completion of the project in the fall of 1992. The Planning Department has requested a revised Planned Unit Development from the developer for the remainder of the phases. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 21, 1992 MOTION by Klassen to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR O'LEARY'S HILLS 5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 232. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Klassen to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING FOR O'LEARY'S HILLS 5TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 232. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Chicago Heartland Corporation (CMC) has a concept plan for mixed residential for two sites. One is a 103 acre site south of Grief Brothers to County Road 42; the other is east of this site and is 226 acres. The Planning Commission requested that the developer consider pedestrian access to the downtown area through the development. The 226 acre site would have to be included in an amendment to the MUSA plan to Metropolitan Council for future development to allow sewer accessibility. CMC representatives Vlad Ostimovich and Peter Pfister presented the concept plans to Council. Cluster homes, courtyard homes and townhomes were included in the plans. Housing costs would range from $90,000 to $150,000. Attorney Reid Hansen, also representing CMC, stated that residential would be a natural flow from our downtown area rather than encouraging industrial so close. MOTION by Willcox to support the inclusion of the 226 acre site in the year 2000 MUSA as urban residential in the Comprehensive Guide Plan Update. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Mayor McMenomy called for a ten minute break at 10:00 p.m. Planning Director Lisa Freese explained the background of Shannon Hills 4th Addition Final Plat. Mr. Fiterman of Ground Development Corporation has petitioned the City to install the public improvements. This phase encompasses 10.84 acres, 30 single family lots, east of Shannon Parkway at approximately 142nd Street West. The Planning Commission recommended approval of the plat. See Clerk's File 1992 -30. MOTION by Willcox to adopt A RESOLUTION APPROVING THE SHANNON HILLS 4TH ADDITION FINAL PLAT and authorize execution of the Subdivision Development Agreement. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Finance Director Jeff May requested Council's authorization to issue and set the sale of General Obligation Improvement Bonds, Series 1992A for three projects: City Project 206, 223 and 225. See Clerk's File 1992 -30. MOTION by McMenomy to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $895,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992A. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 21, 1992 Finance Director May noted that Bond Series 1992B was being considered for six projects: City Projects 206, 212, 223, 176, 197 and the Birger Pond easement acquisition. See Clerk's File 1992 -30. MOTION by McMenomy to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,525,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1992B. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Administrator Jilk announced the National League of Cities Conference will be held in New Orleans, November 28 to December 2, 1992. Early registration is necessary so he asked City Council to begin considering attendance now. Administrator Jilk recommended a citizens committee be formed for the Fire Station Facility Referendum to work with the architect, city staff and the Council in the formation of building concepts and informational items such as ballot questions and getting the information to the public. MOTION by Klassen to authorize the formation of a citizens advisory committee for the Fire Station Referendum Process and to direct City Council Members to provide names of potential committee members at the August 4, 1992 meeting. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats Klassen, Willcox. Nays: 0. Parks and Recreation Director David Bechtold presented a request for grading new hockey rinks in Erickson Park. Councilmember Willcox asked for further information on the total cost of replacement of boards, lighting and grading. Director Bechtold said he could supply that information at the next City Council meeting. Administrator Jilk presented the current billing from the Law Firm Hertogs, Fluegel, Sieben, Polk, Jones and LaVerdiere. The billing falls within the guidelines of the Contract with them. This payment of $25,627.13 would be payment for general, special and prosecution services through June, 1992. MOTION by Wippermann to approve the payment to the Law Firm of Hertogs, Fluegel, Sieben, Polk, Jones and LaVerdiere for services through June, 1992. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. The Dakota County Highway Engineer Dave Everds requested the City of Rosemount to participate with the County and Apple Valley on the paving of ten foot shoulders for bike trails on Diamond Path. MOTION by Willcox to approve payment of up to $3,200 for the paving of 10' wide shoulders on Diamond Path from County Road 42 north to the southern terminus of the reconstruction of Diamond Path. Second by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. 5 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 21, 1992 Discussion ensued regarding meeting dates to be considered for both the Comprehensive Guide Plan and the Budget. MOTION by Klassen to set Special Council Meetings for August 5, 1992 and August 31, 1992 at 6:30 p.m. in the City Council Chambers for the purpose of the Comprehensive Guide Plan Update. Second by Willcox. Discussion followed. MOTION by Klassen to amend the date of the August 31, 1992 meeting to September 2, 1992, at 6:30 p.m. in the City Council Chambers for the purpose of the Comprehensive Guide Plan Update. Second by Willcox. Poll of amended motion, Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Poll of original motion, Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Wippermann to set Special Council Meetings for Tuesday, August 11, 1992 at 7:30 p.m. and Wednesday, September 9, 1992 at 6:30 p.m. in the City Council Chambers for the purpose of discussing the Budget. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Administrator Jilk updated the Council on meetings he attended regarding the Armory project. Minnesota Department of Transportation has indicated they would help pay for a major portion of road improvements on Highway 3 for incorporating center turn lanes. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: 5. Nays: 0. The meeting was adjourned at 11:05 p.m. ATTEST: tephari Administrator Respectfully submitted, Linda Jentink; Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1992 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 4, 1992, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order. Councilmembers present included Willcox, Wippermann, Staats, and Klassen. City staff present included Jilk, Freese, Wasmund, Lundy, Walsh, Aker, Pearson, Bechtold, Osmundson, and May. City Attorney Mike Miles was also present. Mayor McMenomy led the group in the Pledge of Allegiance. The agenda was amended to remove from the Consent Agenda items 4. i) to be discussed under Old Business and 4. 1) to be discussed under New Business and to add item 8. e) MVTA Update under New Business. Councilmember Klassen updated Council on recent SOAR meetings and activities and dates of upcoming meetings. City Administrator Jilk reviewed information regarding work being done by the Technical Advisory Committee for siting of the airport and information from the "Dual Track Update a newsletter published by the Metropolitan Airports Commission. Public Works Director Wasmund briefly updated Council on the status of stormwater utility calls being received. Of the 3,686 billings mailed out, 1,277 of these were stormwater customers only. The Public Works Department has received 177 calls and as a result 100 adjustments have or will be made. It was suggested that staff research the idea of adding verbiage on the stormwater bill advising residents that they can pay their bills annually. Fire Marshal Lundy reviewed the report from ISO Commerical Risks Services, Inc. regarding the City's fire insurance classification. Lundy advised that the City's rating had improved to 5/9 from 6. A rating of 5 applies to buildings within 1000 feet of a fire hydrant and a rating of 9 is for buildings with no fire hydrants near them. This new classification will result in a decrease in fire insurance rates for many commercial properties within the City, and it was also noted that this rating was comparable to other surrounding cities. The new classification took effect March 1, 1992. MOTION by Willcox to approve the Consent Agenda with the correction to the July 21, 1992 minutes on the last page regarding polling of an amended motion and with the two items pulled from the Consent Agenda. SECOND Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Mayor McMenomy opened the public hearing scheduled at this time to consider public improvements for O'Leary's Hills 5th Addition Street and Utility Improvements, Project #232. The recording secretary presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1992- 31. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1992 City Engineer Osmundson reviewed costs relating to the project and informed Council and audience that Dave Simons from SEH would provide an overview of the project if they so desired. There were no questions or concerns expressed from the audience or Council. MOTION by Wippermann to close the public hearing. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION TO APPROVE O'LEARY'S HILLS 5TH ADDITION STREET UTILITY IMPROVEMENTS, PROJECT 232. SECOND by Staats. Ayes: McMenomy, Staats, Klassen Willcox, Wippermann. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR O'LEARY'S HILLS 5TH ADDITION STREET UTILITY IMPROVEMENTS, PROJECT 232. SECOND by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Mayor McMenomy opened the public hearing to consider the Armory Project, Comprehensive Guide Plan Amendment No. 23. The recording secretary presented for the record the Affidavit of Publication and Affidavit of Posted Hearing Notice. See Clerk's File 1992 -31. Director of Planning Freese advised that a minor amendment to the Comprehensive Guide Plan was necessary to include the Armory site into the Metropolitan Urban Service Area which is necessary to be allowed to extend urban services to the site. Council was also advised that this amendment could be put into effect as soon as 10 days after the Metropolitan Council receives the application and approves it. There were no questions or concerns from the audience. Director Freese answered a question regarding a concern on whether the approval of the amendment was in sync with the construction timeframe of the Armory. Freese stated that approval should be in place prior to any bids being received on the project. MOTION by Wippermann to close the public hearing. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION AMENDING THE COMPREHENSIVE GUIDE PLAN OF THE CITY OF ROSEMOUNT TO INCLUDE THE 12 -ACRE NATIONAL GUARD ARMORY /COMMUNITY CENTER SITE WITHIN THE METROPOLITAN URBAN SERVICE AREA (MUSA) BOUNDARY. SECOND by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1992 Finance Director May introduced Mike Schaefer of Springsted to review the bids for the sale of $895,000 General Obligation Storm Water Revenue Bonds, Series 1992A. Mr. Schaefer advised that it was a tight sale with four bids received and that the interest rates were very favorable. He recommended awarding the bid to FBS Investment Services, Inc. MOTION by Klassen to adopt A RESOLUTION ACCEPTING OFFER ON THE SALE OF $895,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. SECOND by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Mr. Schaefer also reviewed the bids for the sale of General Obligation Storm Water Revenue Bonds, Series 1992. He stated that the rates were slightly better because of the length of maturity and that these interest rates were also very favorable. He recommended awarding the bid to FBS Investment Services, Inc. MOTION by Klassen to adopt A RESOLUTION ACCEPTING OFFER ON SALE OF $1,525,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1992B AND PROVIDING FOR THEIR ISSUANCE. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Wippermann. Nays: 0. Parks Recreation Director Bechtold explained to Council the factors relating to why the bids came in higher than the architect's estimates for the Jaycee Park shelter. He explained that because a 12 -foot concrete slab was added around the shelter for maintenance reasons and to facilitate handicap access, the estimates were higher than expected. Mr. Neil Weber, of Schwarz Weber Architects, explained that because of new ADA requirements in regard to restroom facilities, costs were much higher than originally planned because of the addition of square footage to accommodate these new requirements. Discussion ensued regarding the Jaycees' $80,000 donation and where this donation should be used. Director Bechtold explained that the Jaycee donation was now slated for use in the Erickson Park shelter project because the Jaycee Park shelter was downgraded in size. The Jaycees approved the change in funding allocation. Finance Director May and Director Bechtold explained that the Jaycee donation could be utilized on either project at Council discretion. It was also questioned whether there was an advantage to bidding this project at a later date. Mr. Weber explained that it would not change much when considering inflation and that the bidding climate in the state is favorable because of the lack of projects being bid. The shelter should be completed by November 15, 1992. MOTION by Willcox to accept the bids and to award the contract to the C.O. Field Company for the amount of $127,750, funding to come from CIP Account #521 for $90,000, $18,000 from CIP #531, the fountain from Jaycee donations and the remaining amount from Park Dedication. SECOND by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1992 Director Freese reviewed the reasons for Mr. Tom O'Leary resubmitting the Carrollton 4th Addition final plat for approval. Director Freese stated that the necessary steps to resolve title problems with properties along the eastern boundary have been taken care of and that the documents are being drafted. It was also noted that problems with adjoining neighbors have also been resolved. Councilmember Willcox asked that when the project is resumed, the developer address issues relating to severe dust problems and late night work. MOTION by Willcox to adopt A RESOLUTION APPROVING THE CARROLLTON 4TH ADDITION FINAL PLAT and to authorize the execution of the development contract. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Parks Recreation Director Bechtold reviewed his recommendation to replace and take down the old hockey rink and construct two new ones behind the old MNDOT garage at the north end of the City Hall parking lot. Because of a plan to place these rinks in the northern part of Erickson Park when plans are implemented for the new shelter and amphitheater, Council raised concerns that these rinks should not be moved at this time, but to wait and develop the park all at once. Director Bechtold stated that they have delayed replacing the lights and poles because of this proposed move and that because of safety concerns they should be replaced this year when the new rinks are built. Councilmember Klassen felt that these rinks could be moved twice anyway depending on the planned development of the park, and she felt that Council should show the community that they are committed to moving ahead with the Erickson Park projects. MOTION by McMenomy to accept the quotes and to award the contract for the grading of the hockey rink site in the Erickson Community Square to the firm of DLR Excavating for $12,512.50. SECOND by Klassen. Ayes: Klassen, Wippermann, McMenomy. Nays: Staats, Willcox. City Council provided City Administrator Jilk names to serve on the Fire Station Referendum Citizens Committee. See Clerk's File 1992- 31. MOTION by McMenomy to approve the appointment of the persons recommended by Councilmembers and Mayor McMenomy to the Fire Station Referendum Citizens Committee. SECOND by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Administrator Jilk requested that Council approve the attendance of up to three Councilmembers /Mayor and the City Administrator to attend the National League of Cities Conference in New Orleans scheduled for November 28 through December 2, 1992. MOTION by McMenomy to approve the attendance of up to three Councilmembers /Mayor and the City Administrator to attend the National League of Cities Conference in 1992 and the authorization 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1992 for normal expenses be paid by the City. SECOND by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: Willcox. Mayor McMenomy called for a recess at 9:20 and reconvened the Regular City Council Meeting at 9:28 p.m. The agenda was amended at this time to consider item 8. b), being a proposal for an Islamic Community Cemetery. Representatives of the Islamic Community indicated that their wish at this time was to receive a concept approval and no formal action was requested. Assistant Planner Pearson explained that the land in question was a 15 -acre parcel between Biscayne Avenue and the Soo Line Railroad across from Rosemount Woods. The ultimate capacity of this cemetery would be approximately 4,000 burial spaces and would provide for their needs for many years. Pearson also explained that a Guide Plan amendment would have to be done and the land would have to be rezoned from agricultural to public. Mr. Elakkad was introduced to explain the Islamic community and ask Council for any objections to their proposal. No objections were voiced from Council. The agenda was amended again to consider item 8. a), being U.S. Home Corporation in regards to their final plat approval for Country Hills Sixth Addition. Director Freese reviewed information regarding this request and advised that the Planning Commission had reviewed the final plat and passed a motion recommending approval subject to their listed terms. Councilmembers raised concerns regarding tree preservation and were informed by Assistant Planner Pearson that the PUD agreement has in place a tree preservation policy and explained some of the details. Mr. Lee Johnson, representing U.S. Homes, answered questions regarding price range of homes. MOTION by McMenomy to adopt A RESOLUTION APPROVING THE COUNTRY HILLS SIXTH ADDITION FINAL PLAT and to authorize the execution of the development contract. SECOND by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: Wippermann. The regular order of the agenda was resumed at this time. City Administrator Jilk commented on the Goal Setting Report received from Don Bargen, the outside consultant involved in the session. This report is a result of the session held on June 12, 1992 to develop goals and strategies for the next 90 day work period. Jilk requested that Council accept the report and approve the goals and strategies as outlined in this report. Council stated a desire to research the idea of televising City Council meetings on cable. MOTION by Willcox to accept the report for the 1992 goal setting session and to approve the goals and strategies as outlined. SECOND by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. 5 Councilmember Willcox commented that funds spent to send the Building Official to the ICBO Business Meeting in Dallas, Texas, could be put to better use elsewhere. Mayor McMenomy stated that funds spent for the continuing education of City staff was worth these expenditures. MOTION by McMenomy to authorize the Building the Annual ICBO Conference in Dallas, Texas, September 4, 1992, and not to exceed $1,150. Ayes: Klassen, Wippermann, McMenomy, Staats. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1992 Official to attend August 30, 1992 SECOND by Klassen. Nays: Willcox. Administrative Assistant Walsh introduced the new "Policy Against Workplace Harassment" and stated that the policy had been drafted by City Attorney Mike Miles. Walsh also stated that training sessions for all City employees will be conducted by Miles. Councilmember Klassen asked if changes could be made to wording in certain places. Staff will make the suggested changes. MOTION by Wippermann to adopt policy number AD -4 entitled, Policy Against Workplace Harassment. SECOND by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Engineer Osmundson reviewed his memo requesting approval to have a consultant, OSM Engineering, complete a transportation study for the western portion of the city. Osmundson explained that with the Highway 52 Corridor study now being done under joint venture with Dakota County, Inver Grove Heights and Koch, this study would blend with the western study and provide a complete transportation study for the City. Osmundson further explained that the purpose of the study will be to provide needed information and planning for the Comprehensive Guide Plan, assist with the Street Capital Improvements Program, and guide future transportation planning for the developing areas and existing areas of western Rosemount. Osmundson introduced Mr. Ron Bray from OSM to answer any questions Council had regarding the study. It was questioned why Highway 3 was not included in this study and it was explained that Highway 3 is now and always will be a major collector street and that the state has no plans to make any changes, unless plans are initiated by the City. It was noted that this study will be completed within a 6 -8 week timeframe, if approved. MOTION by Willcox to authorize staff to proceed with the transportation study. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Councilmember Klassen informed Council that a new bus route, with a destination of the Mall of America, is being added by the MVTA. This route will begin August 10, 1992. She also advised that the C.R. 42 route is being well used and appears to be successful. Councilmember Klassen expressed a concern that because of the proposal to amend the Redevelopment Plan and Tax Increment Financing Plan to accommodate the Armory site, it appears to the public that the financing for this project is a "done deal." 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 4, 1992 Administrator Jilk advised that this preparation work will not commit the City to any funding. MOTION by McMenomy to adopt A RESOLUTION APPROVING SPECIAL LAW and direct Briggs and Morgan to prepare amendments to the Redevelopment Plan and Tax Increment Financing Plan. SECOND by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Mayor McMenomy requested that staff research the idea of requiring time requirements for putting in new lawns with newly built homes. Mayor McMenomy requested that staff research costs for televising City Council meetings on cable television. Council agreed that residents should be asked if they would like meetings televised and that they should be informed of costs associated with this service. They also agreed that this should be presented to residents in the form of a survey in the local newspaper. Motion by Wippermann to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTEST t eph n Jilk ity Administrator 7 Respectfully submitted, A,� Deborah Widstrom Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 5, 1992 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was jointly held with the Planning Commission, Port Authority, Parks and Recreation Committee and Utilities Commission on Wednesday, August 5, 1992, at 6:37 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with all members present. Staff members present included Stephan Jilk, Lisa Freese, Rick Pearson, Marie Darling, and Ron Wasmund. Mike Miles, City Attorney, and various commission and committee members were also in attendance. Mayor McMenomy led the group in the Pledge of Allegiance. The purpose of the meeting was to receive input and direction on several remaining issues regarding the Comprehensive Guide Plan update. As an addition to the agenda, Mayor McMenomy requested that residents of Country Hills, Rosemount Hills and Shannon Oaks be allowed to be speak in regard to land development of the surrounding areas of their developments. The following questions were asked: 1. Is there an allotment for commercial property in the Country Hills development? 2. Size of lots smaller city style lots or bigger estate lots? 3. Would city consider 1 acre lots against south end of Rosemount Hills? A resident stated that they would like to see the area between Schwarz Pond and Rosemount Hills III be developed as rural residential lots. Residents were informed that a transition zone between the smaller city lots and the larger rural residential lots has been discussed in great detail. Any changes would require a Comprehensive Guide Plan amendment and this is something that will be discussed to try and accommodate the desires of everyone. The regular agenda was resumed at this time. Planning Director Freese began discussions with Industrial Land Use. Discussion centered around extending urban services into the eastern industrial areas of Rosemount and the benefits of having this done before a large amount of development occurs in this area. Freese asked for support or non support to do a utility study of the area. consensus was reached to proceed with study. Costs and whether Koch could be involved in a joint venture were discussed. Freese also advised that this study would need to be done before the City could present a Metropolitan Urban Service Area (MUSA) extension proposal to the Metropolitan Council. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETNIG AUGUST 5, 1992 Alternative scenarios for developing the western Rosemount industrial park, or the Abbott Property, was discussed. there was agreement that the northern end of this property should not be developed initially but saved for high end industrial or commercial type businesses at a later date. discussion centered around where to place the urban service boundary and where a trunk line for utility services would be placed. consensus was reached that the property should remain Industrial Park and that the proposed 2000 MUSA boundary should be adjusted to exclude the southerly section of the property along 160th and Biscayne Avenue until after the year 2000. Also discussed was the South Rose Park area, located between Chippendale and Highway 3 north of 160th Street. Discussion centered around whether it should be developed as a business park or as higher density residential. Consensus was reached that designation should be designated Business Park, but that higher standards for development should be incorporated for any nonresidential development west of State Highway 3. Members affirmed the Urban Residential land use designation for the Broback Industrial Park as proposed in the concept plan. The implementation plan would include re- zoning this property to a residential classification. Freese commented that the focus would be to develop commercial type businesses at County Road 42 and Highway 3. Another area of discussion was the property south of County Road 42 between Shannon Parkway and Diamond Path. It was decided that a decision had been made earlier to leave this property zoned agricultural and that decision was reaffirmed. The 103 acres surrounding the University property, between 145th and County Road 42, is to remain Urban Residential. Consensus was reached that the Zanmiller property on 145th Street, west of Peoples Natural Gas, should be developed as Business Park because of its proximity to People and Greif Brothers. Similar type businesses should be considered for development. After considerable discussion and reviewal of two alternatives to deal with waste management land uses and locations, members decided to choose the concept of allowing waste management facilities in General Industrial and Public /Institutional areas as designated on the Comprehensive Plan with performance standards established to influence facility locations. Fred Hoisington introduced discussion on State Trunk Highway 3. he advised that members had three options to consider: 1) follow policy and risk incompatibility with Town Center plan, 2) propose re- location of Highway 3, or 3) implement a phase fashion plan whereas, when certain traffic patterns exist, phase into effect plans to accommodate that traffic. City Administrator Jilk advised that MnDot has no plans to relocate Highway 3. If the 2 1 1 1 City were to request an alignment of the highway, the state would work with the City at the City's expense. After considerable discussion regarding the future housing mix policy, it was decided that there was a need to allow for a limited amount of diverse housing. Therefore it was decided that the "2010 Housing Unit Mix" percentages should remain as proposed. Metropolitan Urban Service Area Boundaries to the year 2000 and the year 2010 were discussed. Discussion centered around the Keegan Lake area and whether to include this in the MUSA boundary or designate it Rural Residential. Various areas with homes with septic systems and ways to resolve the problems associated with these systems was also discussed. Consensus was reached to leave MUSA boundaries as proposed, with one adjustment to include the Keegan Lake area as Rural Residential. MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 3. Nays: 0. ATTEST: Step Jil City Administrator Respectfully submitted, 1 id Deborah Widstrom Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 5, 1992 ROSEMOUNT CITY COUNCIL PROCEEDINGS SPECIAL MEETING AUGUST 10, 1992 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was held with the City Administrator on Monday, August 10, 1992, at 6:30 p.m. in the Upper Conference Room at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Wippermann, and Administrator Jilk present. Councilmember Willcox arrived at 7:37 p.m. City Administrator Jilk noted that this meeting was a scheduled six month worksession between the City Council and the City Administrator regarding administrative issues. Councilmembers discussed progress and successes in areas of planning (Growth Management), coalition building, Council interaction with staff, transit issues, Council /staff accomplishments and Council working together. Councilmembers discussed relative concern over one communication issue, that being the voice mail telephone operation and utilization and directed the City Administrator to develop improvements in that area. Councilmember Willcox voiced concern about staff providing better written reports to Council. Brief discussion held on proposed 1993 budget. MOTION by Klassen to adjourn. SECOND by McMenomy. Ayes: 5. Nays: 0. The meeting was adjourned at 7:55 p.m. ATTEST: a s `r E.B. McMenomy, Mayor Respe tfully submit ted, tep :n Jilk, ty Administrator Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 11, 1992 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 11, 1992, at 7:30 p.m. in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Klassen, McMenomy, Willcox, Staats and Wippermann present. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Sue Walsh and Wasmund. City Attorney Miles was also present. City Administrator Jilk advised the purpose of the meeting was to review the proposed 1993 Budget. Additions to the agenda were made: Item 2. Gun Ordinance; Item 3. Route 42E Minnesota Valley Transit Authority; Item 4. Request for September 15, 1992 Public Hearing on TIF Use for the Armory /Community Center; and Budget Discussion became Item 5. Also an Executive Closed Session was called to follow the last item on agenda regarding ongoing litigation. Klassen reviewed the Gun Ordinance that is in effect now which allows for arms to be fired in residential areas as long as the projectile does not leave the owner's property. This issue was brought to light by a resident, Mrs. Anderson on 156th Street, who felt threatened by children with a firearm. Council and staff agreed that a stricter law should be made in order to protect residents and give the backing to the police in order for them to enforce this law. See Clerk's File 1992 -33. Council directed Police Chief Lyle Knutsen to draft ordinance clarification and determine boundaries for firearm discharge for discussion at the August 18, 1992 City Council meeting. Councilmember Staats offered to assist the Police Chief on this matter. Klassen noted that the bus route to the Burnsville area from Rosemount has been successful and that the Minnesota Valley Transit Authority would like to continue it with some changes to time schedules. In order to receive mid -day service with our Opt -Out Agency status, the Transit Tax Credit the City now receives would be decreased. This would be approximately a $16,000 increase to residents or about fifty cents a year for an average priced home. This route connects with Route 77 Express which enables Rosemount residents to link up to routes to downtown Minneapolis, St. Paul and the new Mall of America. Senior citizens can use this for doctor appointments in Apple Valley or Burnsville area. This also allows shoppers to come to Rosemount to use services and restaurants. See Clerk's File 1992 -33. MOTION by Willcox to approve A RESOLUTION APPROVING MINNESOTA VALLEY TRANSIT AUTHORITY PROPOSAL TO CONTINUE MID -DAY BUS SERVICE IN THE CITY OF ROSEMOUNT, understanding that this will adjust the Transit Tax Credit. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 11, 1992 City Administrator Jilk reviewed Tax Increment funds use for the Armory /Community Center and /or relocation of businesses connected with that project. Financial Consultant Mary Dyrseth of Springsted, Inc. has advised that clarification by way of an amendment to the Tax Increment Agreement would be needed which includes a public hearing. MOTION by Willcox to approve A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED MODIFICATION OF THE ROSEMOUNT REDEVELOPMENT PLAN AND THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND A PROPOSED AMENDMENT TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1 on September 15, 1992 at the regular City Council meeting at 8:00 p.m. at the Rosemount City Hall. Second by Klassen. Ayes: Willcox, Wippermann, Staats, Klassen. Nays: 0. Abstained: McMenomy. Budget discussion was held with each city department director presenting their budget proposal with a question and answer time for each. Mayor McMenomy called for a ten minute break at 9:40 p.m.. Further discussion was held regarding the Proposed 1993 Budget. Council agreed further review should be held on the proposed budget. Another special meeting was scheduled for August 25, 1992, at 7:30 p.m.. The Executive Closed Session convened at 10:45 p.m.. Councilmembers and the Mayor returned to their seats at 11:30 p.m.. MOTION by McMenomy to adjourn. Second by Willcox. Ayes: 5. The meeting was adjourned at 11:35 p.m.. Attes Step n Jilk City Administrator Respectfully submitted, Linda Jentink, Recording Secretary 2 1 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING AUGUST 11, 1992 To be inserted after McDonough litigation is finalized. 1 1 1 Pursuant to due call and City Council of the City August 18, 1992, at 7:33 Council Chambers. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 18, 1992 notice thereof a Regular Meeting of the of Rosemount was duly held on Tuesday, p.m. at the Rosemount City Hall in the Mayor McMenomy called the meeting to order with Councilmembers Klassen, Wippermann and Staats present. Councilmember Willcox was absent. Staff present were: Attorney Miles, Aker, Bechtold, Freese, Jilk, Knutsen, May, Osmundson, and Wasmund. Also in attendance were engineering consultants Brian Bourassa, P.E. from OSM and Dave Simons, P.E. from SEH. Mayor McMenomy led the group in the Pledge of Allegiance. Additions to the agenda included Item 3.c Wachter Pond Discussion; 3.d U of M Presentation; and Item 6. h Jaycee and Erickson Rink Lighting. See Clerk's File 1992 -34. Harold Wachter, a life long resident of Rosemount, now 81 years of age commented on the use of Wachter Pond for storm water runoff. Sand has washed into the pond from development causing a slow down to the normal seepage process. Mr. Wachter believes that it would be less expensive and make more sense to dig out O'Leary's Pond than run 200 feet of pipe for storm water drainage to Wachter Pond. Public Works Director Wasmund said he would be happy to meet with Mr. Wachter or make a report to City Council. City Engineer Bud Osmundson noted there had been a wash out because of a broken storm drain outlet which caused erosion into Wachter Pond. City staff is investigating and is planning to take corrective action. Osmundson also noted that the amount of water run off to the pond would not be changed. The Mayor and Council thanked Mr. Wachter for his concern. City Administrator Jilk commented on the recent bid opening for the National Guard Armory /Community Center project. Knutson was apparent low bidder, however their bid was rejected. PCL was the next lowest bidder at $10.7 million and Adolf and Peterson, now second, at $11.1 million. The bids were divided into sections per project for direct comparisons. The Armory section was lower on the Adolf and Peterson bid, and the State is required to take the lowest bid. If the city would want to continue with the total package low bid, it would have to come up with funding for the difference on the Armory section. Several ways of funding are being explored by staff and city financial consultants at Springsted, Inc. One option would be to have the Port Authority borrow the money, build the project and then the City would lease back the Community Center. Attorney Miles asked Jilk if the Knutson bid could be challenged. Jilk replied that the State has total control of the bids and with the PCL bid actually being lower for the City section there would be no advantage to a challenge. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 18, 1992 There is a citizens committee in place for the Armory that will be making recommendations to the City Council at the September 1, 1992 meeting. Springsted will do an analysis of the arena and cash flow. Director of Planning Lisa Freese reviewed a Interim Policy for Metropolitan Urban Service Area (MUSA) adopted by Metropolitan Council on June 25, 1992. It is regarding the expansions to the MUSA. Final update will be in 1993 and 1994. Only year 2000 expansions are to be considered and only expansions that do not have an impact on metropolitan usage. The City of Chaska is in a similar situation as Rosemount is with forecasted growth far below actual growth. Rosemount submitted a MUSA Amendment on July 29th, Metropolitan Council has 90 days to process it. See Clerk's File 1992 -34. The University of Minnesota Chair of Planning Larry Anderson will be doing a presentation on the planning update which will include the Rosemount based property. He will be giving this presentation on August 25, 1992 at 6:30 p.m. prior to the Special City Council meeting. Both City Council and the Port Authority are invited to attend. MOTION by McMenomy to approve the consent agenda with two changes to the minutes of August 4, 1992; one, add Mike Miles to those present, two, on page six change "heavily" to "well" used on the bus route discussion. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. City Administrator Jilk reviewed the Compost Facility Operation Agreement with Lakeville, Apple Valley, Rosemount and Farmington with Pecar Co. for the operation and maintenance of a yardwaste facility. The user fee will cover any cost to the City and the City will be allowed to drop 320 cubic yards of compost material free. See Clerk's File 1992 -34. MOTION by Wippermann to approve the contract between the cities of Lakeville, Apple Valley, Rosemount and Farmington and R.D. Pecar and Company, Inc. for the operation and maintenance of a yardwaste facility. Second by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. Administrator Jilk presented the updated draft of the Smoke Free Policy. All buildings, vehicles and structures including pumphouses and manholes would be smoke free. This policy would go into effect October 1, 1992. See Clerk's File 1992 -34. MOTION by Staats to adopt City of Rosemount Policy AD -5, "Smoke Free Policy" effective October 1, 1992. Second by Wippermann. Ayes: Klassen Wippermann, McMenomy, Staats. Nays: 0. City Engineer Bud Osmundson introduced the feasibility report for City Project 238, the Armory Storm Drain Utility. Brian Bourassa, P.E., of OSM presented the five options considered. 1) 8.4 acre- 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 18, 1992 foot pond on armory site and adjacent commercial property; 2) 2.4 acre -foot pond all on Armory site; 3) 2.4 acre -foot pond, lift station and outlet for Schwarz Pond; 4) 8.4 acre -foot pond, lift station and 18 inch outlet; and 5) a gravity outlet cost prohibitive, not feasible. The recommendation was Option 1 because it would be capable of handling a 100 year storm, it meets the Nationwide Urban Runoff Standards, there would be no further easement costs and more flexibility for the future. No landscaping is planned at this time, it will have a 4/1 slope. Director of Parks Bechtold felt that improvements in landscaping could be worked into the parks schedule. MOTION by McMenomy to adopt A RESOLUTION RECEIVING FEASIBILITY REPORT, ARMORY STORM DRAIN UTILITY IMPROVEMENTS, PROJECT NO. 238. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR THE ARMORY SITE STORM DRAIN UTILITY IMPROVEMENTS, CITY PROJECT NO. 238. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. Fire Chief Aker presented the Exposure Control Plan, Policy Number P -2 of the City of Rosemount Policy Handbook. This policy pertains to bloodborne pathogen standards to protect workers from infectious diseases including Hepatitis B virus and human immunodeficiency virus. The policy addresses OSHA standards, Methods of Compliance, Personal Protective Equipment, Housekeeping, Post Exposure Evaluation, Training and Record Keeping. This would mainly affect firefighters, police, reserve officers, and custodial staff. MOTION by Staats to adopt City Policy P -2, the Exposure Control Plan. Second by Wippermann. Ayes: Staats, Klassen Wippermann, McMenomy. Nays: 0. Parks Recreation Director Bechtold presented background information and the quotes received on the irrigation system for Jaycee Park, Phase I. Bids were not necessary since it would be less than $25,000. The fields proposed to be irrigated are the ones used for scheduled league athletics. MOTION by Klassen to accept the quotes and to award the contract for the materials and labor for the installation of the irrigation system in Jaycee Park to Southview Design and Construction Inc. for the amount of $14,790 with funding to come from the Park Dedication account. Second by Wippermann. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. City Administrator Jilk discussed the Fire Service Contract with the University of Minnesota, Rosemount. Negotiations have been ongoing because of the changes in the base fees and property taxes on the property owned by the University. Staff recommends approval of this contract. See Clerk's File 1992 -34. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 18, 1992 MOTION by Klassen the University of through 1993. Second by Staats. Nays: 0. to approve the Fire Protection Agreement between Minnesota and the City of Rosemount for 1991 Ayes: Wippermann, McMenomy, Staats, Klassen. The Street 5 Year C.I.P., reconstruction and new construction was reviewed by Public Works Director Ron Wasmund. MOTION by McMenomy to support the concept of the Street 5 Year C.I.P. with the understanding that funding from federal sources and developer fees will be investigated and that street reconstruction will be a priority for the City of Rosemount. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. MOTION by Klassen to direct the Police Chief and Councilmembers to review options for the revision of the ordinance regulating the discharge of firearms in the City and to present proposals for its revision on September 15, 1992. Second by McMenomy. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. See Clerk's File 1992 -34. The ballot questions for the Fire Station Referendum are being considered by the Citizens Committee. David Kroos from Boarman and Associates has had success in presenting referendums in other cities. Several meetings will be held so that a recommendation can be made to the City Council by September 15, 1992. Planning Director Lisa Freese asked to set a public hearing to create zoning R -la, which would have setbacks of five feet for a single story house and ten feet for a two -story house, and rear setbacks would be 25 feet instead of 30 feet. A petition of intent was submitted having 51 signatures in agreement with many from Broback's 10th Addition. Notices would be mailed to approximately 1000 residents. MOTION by McMenomy Ordinance Text and 1992 to begin at 8: Second by Klassen. Nays: 0. to schedule a Public Hearing for a Zoning Zoning Map Amendment for Tuesday, September 15, 00 p.m. or as soon thereafter as possible. Ayes: Klassen, Wippermann, McMenomy, Staats. Dave Bechtold explained the coordination of the hockey rink projects for Jaycee Park and Erickson Park. Jim O'Brien of Wunderlich Malec Engineering, Inc. presented the lighting techniques that will be used. The height of the poles and the use of shields help direct the lighting only where needed. This causes the least amount of disturbance of excess light spillage for neighboring homes. The poles and fixtures are engineered in a way that they can be moved if the hockey rinks would be moved. 4 1 1 MOTION by Klassen to approve the electrical, lighting and poles with specifications as drawn and presented by Wunderlich Malec Engineering, Inc. and to authorize the advertising for bids for the materials and installation of those items. Second by Wippermann. Ayes: Wippermann, McMenomy, Klassen. Nays: Staats. Motion carried. Administrator Jilk mentioned the Growth Management Forum scheduled for August 19, 1992. Klassen noted that approximately 42 people representing the surrounding cities and Dakota County have called in reservations. The City Employee Picnic will be Sunday, August 23, 1992 at Erickson Park. Councilmembers will be cooking the hamburgers and hotdogs. MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: 4. Nays: 0. The meeting was adjourned at 10:35 p.m.. ATTEST: teph. Jilk,p¢ity Administrator Respectfully submitted, ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 18, 1992 Linda Jentinkr Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING AUGUST 25, 1992 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 25, 1992, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann and Staats present. Councilmember Klassen was absent. Mayor McMenomy led the group in the Pledge of Allegiance. Council continued their discussion and review of the proposed 1993 operating budget and CIP. After considerable discussion, Council reached a consensus the 1993 operating budget should represent an increase of approximately ten percent. Each member of the Council commented on items in the operating budget which they felt should be given further consideration by city staff. The Council also informed city staff of items in the 1993 CIP budget which should be eliminated or reconsidered. City Administrator Jilk advised the next budget workshop is scheduled for September 9, 1992, and staff will attempt to have revisions to the Council for possible discussion at the September 1, 1992 regular council meeting. MOTION by McMenomy to adjourn. Second by Staats. Ayes: 4. Nays: 0. ATTEST: Step n Jilk, ity Administrator Respectfully submitted, alsh rative Assistant 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 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 1, 1992, at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Wippermann, Willcox and Staats present. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Osmundson, and Wasmund. Also in attendance were City Attorney Mike Miles and engineering consultant Ron Bray, P.E. from OSM. Mayor McMenomy led the group in the Pledge of Allegiance. Additions to the agenda included Item 3.c Follow Up on Budget Discussion, 4.p Receive Bids /Award Contract Shannon Hills 4th Addition, City Project 234, 5.g Speaker William Norris, 5.h Kady's Liquor License Extension, 5.i Approve Armory Site Storm Drain Utility Improvements, City Project 238, 7.c Set Public Hearings: O'Leary's Hills 4th and 6th Additions Rezoning and PUD including discussion on 4.1. Item 4.k moved from Consent to discussion under Old Business. See Clerk's File 1992 -36. The Airport Planning Process and S.O.A.R. update was delivered by Wendy Wustenberg. Ms. Wustenberg commented that the siting will happen however, the impact on the surrounding communities is not being considered appropriately. The Draft Decision Document notes regional finance items such as capturing revenue from motel and restaurant taxes. There will be meetings September 12 in Rosemount and October 11 in Hastings which will discuss environment, water shed, public policy process, and public opinion. City Administrator Jilk mentioned that the Dual Track method has not addressed the effect on the community in terms of social effects, only in dollars and cents. This metropolitan airport could change the direction the community now is heading, with a priority toward a central downtown area. The Draft Decision Document does not allow for resident opinion. Klassen visited the "Noise House" in Richfield which has been sound proofed against airport noise. Its cost is about $25,000 to redo an older home and is funded by Metropolitan Airport Commission. Noise in this house cannot travel from room to room and has an unnatural quietness. This would not be to every mothers liking, however it did not allow the noise from any of the frequent airplanes to interfere with normal hearing either. The sound contours made by airplanes travel much further than the actual runway pattern. The present document does not address environmental issues very specifically. This Draft Document will be the formal guideline to the 1995 Legislators, it will be back to City Council for consideration on September 15, 1992. A citizens complaint was formally received from Jane Myklya, 14999 Fischer Avenue, Rosemount. The initial complaint was regarding the storm water utility quarterly fee, however she ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 noted that being a "boarder" road left her with slower safety and road maintenance services. She requested a follow up from staff showing all documents of any assessed taxes on her home since their purchase of it in 1987, any informational mail she did not receive, and a copy of the project files. The dispatcher of 911 emergency was unable to determine whether or not to send the call to Hastings or Rosemount police and /or fire on three different occasions resulting once with a 50 minute response time. Willcox noted that he had responded to Ms. Myklya's letter by a phone call the Saturday following receiving it and had talked to her husband. Willcox believed staff could have responded more efficiently and he asked them to apologize. Mayor McMenomy indicated that the proposed budget for the City of Rosemount was to be decreased to a 10% increase over this year. Jilk has had staff review each department budget with 5, 10, 15, and 20% cuts to show what items this would affect. Jilk will have an overall balanced budget at the special meeting on Wednesday, September 15, 1992, with salary and benefit information. Klassen noted that the proposed maximum levy amount may be lowered prior to its approval in December. MOTION by McMenomy to approve the Consent Agenda as amended. Second by Willcox. The minutes of August 11, 1992 were amended to read "Route 77" on page one and Klassen requested the motion on page 4 of the August 18, 1992 minutes reflect that developers fees be investigated. Mayor McMenomy rescinded his first motion. Willcox so moved. MOTION by McMenomy to approve the Consent Agenda with corrections to the August 11 and August 18, 1992 minutes to read "Route 77" on page one and the motion on page 4 of the August 18, 1992 minutes to read that developers fees be investigated and to remove Items 4.1 and 4. k from consent for discussion. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Willcox to set a public hearing for Kady's Bar extension of its liquor license to the restaurant portion of the establishment. This public hearing is set for October 6th, 1992, at 8:00 p.m. and he requested staff to set forth the proper notice. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Susan Walsh, City Clerk noted that the City has not received any petition from Mr. Louie Walsh. Mr. Walsh commented he thought procedure was that Councilmember Willcox could initiate the public hearing. City Clerk Walsh noted that was appropriate. MOTION by Wippermann to change the start time of the Special Budget Meeting scheduled for September 9, 1992 from 6:30 p.m. to 7:30 p.m. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 Planning Director Lisa Freese contacted the Metropolitan Council regarding their preliminary population, household, and employment forecasts noting that they were too low. Metropolitan Council has seen fit to increase these numbers to provide more utility service to the Rosemount area. See Clerk's File 1992 -36. Director Freese commented that the Association of Metropolitan Municipalities is doing an opinion paper of the visioning of each community. Our amendment to the City's MUSA District with Metropolitan Council is continuing in the process with their review on October 8, 1992. City Administrator Jilk gave an update on the Armory /Community Center Project. The Armory Committee has reviewed all the information including the necessary financing. Various items from the bid were selected to be pulled for optional future inclusion, these items totaled $90,700. The Armory Committee did make a final recommendation on August 24, 1992 to the City Council to proceed with construction of all components of the Armory /Community Center. See Clerk's File 1992 -36. Staats requested counsel from the City Attorney on the appropriateness of the Port Authority to finance part of the Community Center project. Attorney Miles commented that it is quite common for municipalities to lease back facilities such as city halls, fire stations, water towers or community centers through a port authority or community development commission of that city. The Port Authority would issue debt of $180,000 for the arena and $80,000 for the banquet /auditorium addition. Willcox requested a special informational meeting for public comment on the Armory /Community Center. Wippermann agreed and would encourage the public to attend. The consensus was to have the meeting on September 14, Monday, at 7:30 p.m. Reporter Lara Ginsburg of the Town Pages agreed to include this information in a article to be printed on Friday, September 4, 1992. The arena ice time commitment in the form of letters of commitment have been reviewed by City Attorney Miles. He sees them as a very strong and positive commitment, however in the form of a pledge, not a contract. Council requested these letters of commitment "in hand" before the City would issue debt or bonds. Ron Pederson, of Rosemount Area Hockey Association, says his group plans to raise $100,000 for the arena currently and is looking to raise an additional $100,000 in pledges from members and community businesses. There is a large demand for ice time and he feels the longer the ice season is then more money could be generated. MOTION by Willcox to direct staff and city consultants to prepare financial and contractual documents on the Armory /Community Center Project for consideration by the Port Authority and City ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 Council on September 15, 1992. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Mayor McMenomy called for a ten minute break at 9:45 p.m. Councilmember Willcox left the meeting at this time. City Administrator Jilk reported that the Fire Station Citizen Committee and the Fire Apparatus Committee has reviewed cost estimates, site plans and equipment specifications to establish design and cost estimates for the referendum in November. Their recommendation is 1) to recommend to the City Council that the Ballot for the referendum include one question and that question include the cost for the complete package of the cost of the new station, the remodeling of the current station and the purchase of the new aerial truck; 2) that the committee conduct a survey of the residents of the two apartment complexes immediately adjoining the site to the west and the east to get their input on how to improve upon the chosen sight if the station is located there. The Committee voiced some concern about the fact that there are so many children in the immediate area and the use of fencing, landscaping, berming may be suggested to provide a more suitable final site; and 3) that the architect research other cities to see if fire stations in similar locations have experienced any problems with pedestrian or vehicular movements. Council is requested to consider this at the September 15, 1992 Council meeting. Planning Director Freese explained the request from developer Jim Allen of Hampton Development Corporation to initiate a "request for condemnation" on a strip of property already subject to a city stormwater easement for the Shannon Pond Planned Unit Development. MOTION by Klassen to deny developer Jim Allen of Hampton Development Corporation his request to consider city condemnation for public streets in the Shannon Pond Development. Second by McMenomy. No roll call taken. Discussion ensued. The developer agreed to continue negotiations with Broback Development and requested this item back on the agenda on September 15, 1992. The PUD public hearing will also be postponed. Klassen withdrew the motion. McMenomy withdrew the second. City Engineer Bud Osmundson presented two alternatives, which were investigated by the consulting firm of OSM Engineering, for upgrades of Highway 3 which was requested by the Minnesota Department of Transportation MnDot) due to the future traffic generation at the Armory /Community Center. MnDot would contribute over half the dollars toward Alternate A leaving $119,000 to be financed. These improvements would follow Highway 3 from 142nd Street, the high school access, to Connemara Trail. Mayor McMenomy said he would like to see road improvements from 160th Street through 142nd Street as well. Klassen added that the downtown gateway should ideally include streetscapes, decorative 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 lighting and landscaping. City Engineer Osmundson noted that curb and gutter would be required with that scenario which would be cost prohibitive. Council consensus directed staff to investigate the feasibility of extending Highway 3 improvements with Muoot beyond the Armory. Todd Franz of Metro Sales asked if Highway 3 would be closed due to these road improvements. City Engineer Osmundson said no, traffic would continue through, with lane changes from east side to west side as the project continues. There should not be any assessments due directly from residents for this project. MOTION by Klassen to adopt A RESOLUTION REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS OF STATE TRUNK HIGHWAY 3 IN ACCORDANCE WITH THE ARMORY /COMMUNITY CENTER PROJECT, CITY PROJECT 239. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Wippermann to reset the Special City Council Meeting on the Comprehensive Guide Plan Update from September 2, 1992 to October 5, 1992 at 6:30 p.m. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Planning Director Freese explained that the MUSA Boundary Amendment if not approved may have to be changed. The Transportation Study Implementation Plan is under process with the Houisington Group. The needs for the publication of the Comprehensive Guide Plan were explained. MOTION to approve expenditures of an amount not to exceed $4,200 from Account No. 101- 41910 -01 -319, other professional services, for the purpose of preparing the final Guide Plan documents. Second by Klassen. Ayes: Klassen, Wippermann. Nays: McMenomy, Staats. Motion failed. MOTION by Mayor McMenomy to approve expenditures of an amount not to exceed $2,700 from Account No. 101 41910 -01 -319, other professional services, for the purpose of preparing the final Guide Plan documents. Second by Staats. Ayes: Klassen, Wippermann, McMenomy. Nays: Staats. Motion carried. See Clerk's File 1992 -36. MOTION by Klassen to approve the hiring of Lacelle Cordes upon passing a pre employment physical to the position of Assistant Program Director on September 2, 1992 to a permanent part -time position replacing Pat Sellner at the rate of pay and work schedule as presented. Second by Wippermann. Ayes: Wippermann, McMenomy, Klassen. Nays: Staats. Motion carried. Councilmember Klassen invited William Norris to speak to the Port Authority and City Council on October 6, 1992 at 4:30 p.m. prior to the Port Authority regular meeting regarding specific businesses for Rosemount. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 1, 1992 MOTION by McMenomy to adopt A RESOLUTION FOR APPROVAL OF ARMORY SITE STORM DRAIN UTILITY IMPROVEMENTS, CITY PROJECT 238. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy to schedule a Public Hearing on September 15, 1992 at 8:00 p.m., or as soon thereafter as possible, to hear testimony regarding a request to rezone property from AG Agriculture to R -1 Single Family Residential to accommodate the O'Leary's Hills fifth Addition. Second by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. MOTION by Wippermann to schedule a Public Hearing on September 15, 1992 at 8:00 p.m., or as soon thereafter as possible, to hear testimony regarding a request to rezone property from Agriculture (AG) to Single Family Residential (R -1) to accommodate the O'Leary's Hills Sixth Addition. Second by Staats. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. MOTION by Wippermann to schedule a Public Hearing on September 15, 1992 at 8:00 p.m. or as soon thereafter as possible, for consideration of an amendment to the O'Leary's Hills Planned Unit Development to reflect a revised phasing plan for the O'Leary's Hills Subdivision. Second by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: 0. Mayor McMenomy called a Closed Executive Session for consideration of litigation for the Hawkins Pond Appeals and legal services for City of Rosemount at 12:00 a.m. Mayor McMenomy reconvened the regular City Council meeting at 1:15 a.m. MOTION by McMenomy to pay the twelve appellants who have given proof of appeal to the County. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Staats to turn all legal files over to the new firm of Fluegel Moynihan and Miles, P.A. Attorneys at Law, 1303 South Frontage Road, Hastings, Minnesota 55033 under the same terms and conditions. Second by Klassen. Ayes: Staats, Klassen, Wippermann. Nays: McMenomy. MOTION by McMenomy to adjourn. Second by Wippermann. Ayes: 4. Nays: 0. The meeting was adjourned at 1:20 a.m. ATTES S ep fn Jilk, "ity Administrator Respectfully submitted, Linda Jentin Recording Secretary 6 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING SEPTEMBER 1, 1992 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 1, 1992, at 12:05 p.m. in the Council Lounge at City Hall. The purpose of the meeting was to consider the appellants to the Hawkins Pond Assessment, City Project 177. City Councilmembers who were present were Mayor McMenomy, Staats, Wippermann, and Klassen. Also City Administrator Stephan Jilk, City Attorney David Grannis and City Attorney Mike Miles. Attorney Grannis reported that 83 appeals had been made with 12 in question due to no record of receiving the appeal at the Auditors office. MOTION by McMenomy to pay the 12 appellants who have given proof (cancelled check) of appeal to the County. Second by Staats. Ayes: Wippermann, Willcox, McMenomy, Staats. Nays: Klassen. Motion passed. Attorney Mike Miles explained that he has formed with a new group of lawyers and would request that the City of Rosemount remain with him as city attorney. Klassen requested to be put on record as "not having a problem with Attorney Miles representing the City The Mayor voiced some concerns. MOTION by Staats to turn all files from the City of Rosemount's account over to the new firm of Fluegel, Moynihan and Miles, P.A. at 1303 South Frontage Road, Hastings, Minnesota 55033 and that the contract would remain at the same terms and conditions. Second by Klassen. Ayes: Staats, Klassen, Wippermann. Nays: McMenomy. Motion passed. Discussion was held on the McDonough /Sunrise Builders lawsuit. Miles noted that his firm would stand aside if asked. The meeting was adjourned at 1:15 a.m. and Councilmembers returned to the Chambers to conclude the regular City Council meeting. ATTEST: Ste•. 'an Jil Ci Administrator l!� Respectfully submitted Linda Jentink Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 9, 1992 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Wednesday, September 9, 1992, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with all members present. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy advised the purpose of the meeting was to continue discussion on the proposed 1993 budget and to set the 1993 preliminary levy. Finance Director Jeff May referred to a report entitled, "1990 Per Capita Spending of Minnesota's Medium -Sized and Large Cities" published by the State Auditor. May felt the report inaccurately categorized Rosemount and was one -side by only reporting expenditures and not revenues. See Clerk's File 1992 -37. City Administrator Jilk reviewed staff's methodology for attempting to meet the Council's direction to increase the 1993 operating budget by ten percent over the 1992 operating budget. Administrator Jilk also reviewed the cuts made in the 1993 C.I.P. budget. Mr. Jilk presented for Council's consideration a total operating budget of $3,566,878 which represented a 12.73% increase over the 1992 operating budget and a total preliminary levy in the amount of $2,996,096 which represented a 9.02% increase from the 1992 levy amount. Mr. Jilk advised the proposed levy would cause a decrease in property taxes if the tax capacity rate increased by the estimated ten percent amount. See Clerk's File 1992 -37. Considerable discussion was held by Council on the proposed budget. Following discussion on recommendations from the Council to freeze 1993 city staff salaries, Council reached a consensus that this recommendation should not be considered at this time but agreed staff salaries should be discussed further. Discussion was also held on whether the two armory /community center levies should be considered outside the proposed levy increase of 9.02 A consensus was reached that the 9.02% increase should remain as proposed by city staff. A spokesperson stated that she represented the Rosemount Chamber of Commerce and other audience members expressed concerns about the proposed budget. Further discussion on the budget included direction from the City Council to include the total $31,000 in Council's budget for recycling which included $19,000 proposed to be cut by the City Administrator. MOTION by Wippermann to adopt A RESOLUTION SETTING THE PRELIMINARY BUDGET, THE 1993 C.I.P. BUDGET AND THE 1993 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats. Nays: Klassen. MOTION by Willcox to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST: teph ity Administrator 2 Respectfully submitted, ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 9, 1992 Susdn M. Walsh, City Clerk ROSEMOUNT CITY COUNCIL PROCEEDINGS SPECIAL MEETING SEPTEMBER 14, 1992 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was held as an informational meeting for the Armory /Community Center Project on Monday, September 14, 1992, at 7:30 p.m. in the Council Chambers at City Hall at 2875 145th Street West, Rosemount, Minnesota. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Wippermann, Willcox and Administrator Jilk and City Attorney Miles present. Mayor McMenomy led the group with the Pledge of Allegiance. City Administrator Jilk reviewed the past involvement from 1985 when the first mention of an armory was considered with the State of Minnesota. The Division Headquarters for the Minnesota National Guard, the Red Bull Division, band and Military Police Unit which covers a five state area were planning this armory complex. Because it hosts the band division an auditorium was high on its need list which also appealed to the school district and community for combined use. A Citizens Committee was formed and a referendum went for the citizens to vote on in February, 1991. The community center plan included additional space for the Parks and Recreation Department, an enhanced auditorium and a banquet center. Later, under the direction of Ron Pederson, a citizens committee formed to determine the feasibility of an multi purpose arena including ice. After much investigation and consulting with experts in finance it was determined that a $2.1 to $2.3 million dollar multi purpose arena could be financed which would be able to break even. The seating for the auditorium and banquet is 350, the gymnasium can seat 700, and the arena bleacher seating is 1000. Administrator Jilk further explained the City cost and financing by levy, bonds and a lease back arrangement with the City's Port Authority. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 14, 1992 Ron Pederson, associated with Rosemount Area Hockey Association (RAHA), also spoke to the development of the multi purpose arena and its financing. He explained that Rosemount has an unusual situation because of a new State Law that requires high schools to have girls Ringettes making the need for additional ice time immediate. There are four different high schools that now need this and are willing to commit to ice time. Also there are five major users; RAHA, Figure Skaters Tri- County, Eagan Hockey Association, Apple Valley Hockey Association, and Rosemount Parks and Recreation Department. RAHA also has commitments from members and businesses of $48,000 right now and is working toward $100,000 for this year and an additional $100,000 in the next year. Mayor McMenomy opened the forum for questions from the audience and then to anyone who wished to comment in favor of the arena. Reverend Pat Hall of St. John's Lutheran Church has worked with hockey camps and kids for many years and knows it is difficult to find ice time. He knows many kids are unable to attend Sunday services because they have to drive great distances for hockey practice. He believes it would have a positive affect on the community and commented, "If you build it, they will come." Tom Murphy, a resident since 1970, has had to drive to Bloomington, Farmington, Hastings and Apple Valley for years and would like to see Rosemount support this ice arena. Ed Dunn, 3304 West 131st Street, believes this would enhance growth of Rosemount, make it more attractive and give it "a shot in the arm" to attract further business and residents. It would vitalize our downtown area and is a chance (with the armory being built) that won't happen again. Steve Loeding, 3260 137th Street West, encouraged support for the National Guard Armory and arena. Faye Marcotte, 12931 Shannon Parkway, attested to shopping each time her son had to practice hockey in different areas. She believes families would do the same when they brought their children to Rosemount. Mayor McMenomy further opened the forum to anyone wishing to disagree. Chet Ellingson, resident since 1960, noted he was not a hockey fan and believed the arena question should be brought to a public vote again. He questioned why the private sector hasn't tried this development if it's such a "good venture Greg Mickelson, 14122 Dearborn, has three small girls and would like to see a swimming pool considered rather than ice arena. Administrator Jilk explained that State Law actually prohibits a referendum in this case because the City is not borrowing money under a general obligation concept. 2 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 14, 1992 Willcox and McMenomy both noted that the arena would be good for community business. They requested someone from the audience to speak representing the businesses of Rosemount. Steve Colby, 13750 Danbury Avenue, owns the McDonalds Restaurant in Rosemount, he believes the arena is an excellent project from a business standpoint. At this point the audience was polled, requesting that only Rosemount residents respond to the four questions as follows: 1. Would you be against the construction of the arena no matter what? 2 responded 2. Would you be against the construction of the arena if there is a tax subsidy needed for its construction and /or operation? 9 responded 3. Would you support the construction of the arena if it would be self supporting? 53 responded 4. Are you neutral on the construction of the arena? 0 responded Mayor McMenomy stated that each meeting has been advertised and this issue has been on agendas for City Council and Port Authority for a long time. He believes the City has made information available over the last three months and he feels comfortable that it was presented to the public. Councilmember Willcox noted that in a letter to the newspaper in which he requested residents to respond, he only received 16 responses for and 13 responses against the arena. Willcox also noted that the cash flow analysis showed an outstanding opportunity for the City. Councilmember Klassen was requested by a resident not in attendance to question why other ice arenas don't break even? Ron Pederson replied that others do not have four high schools to support them. George Boomer, 12545 Danbury Way, noted that just the difference in the interest rate, which is low now, has made investments more feasible now. Administrator Jilk added that just since the original referendum the interest rate has dropped 2% which adds to the cash flow. Also the initial building cost savings is $250,000 because of joint construction with the National Guard Armory. Items such as site preparation, parking lot, and landscaping are not part of the estimated arena costs because the National Guard is willing to pay for them with the original structure. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 14, 1992 Councilmember Klassen asked in response to a residents question, what other development might be impeded due to the use of funds for this project? Administrator Jilk said that HRA -EDA projects debt service is about $170,000 per year and that if $10,000 to $30,000 per year more is needed to subsidize this project it would not curtail greatly any other one project. Councilmember Staats noted that the relocation of the Highway 3 businesses near the Armory would have occurred whether or not the arena and armory were built. Ed Dunn, Chair of the Port Authority Commission, affirmed that the Port Authority did approve the funding needed for the arena and said the facility will help "sell" Rosemount for future businesses and enhancement of existing businesses. Council would like input from anyone who hasn't had a chance before tomorrow's City Council meeting when the issue of the arena will be brought to a vote by Council. MOTION by Willcox to adjourn. Second by Klassen. The meeting was adjourned at 9:30 p.m. Attest: Ste an Jil City Administrator Respectfully submitted, U'2 ;r Linda Jenti Recording Secretary 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 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 15, 1992 at 8:00 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. City staff present included Freese, Wasmund, Bechtold, Knutsen, Aker, and May. Also present was City Attorney Mike Miles. Mayor McMenomy led the group in the Pledge of Allegiance. Additions to the agenda included item 10. f) Salary Discussion, 12. b) Status of Firearms Ordinance, 12. c) Status of Carlson Drainage Problem, and 12. d) Status of Fischer Avenue Complaint. Mayor McMenomy opened the public hearing to consider O'Leary's Hills PUD Amendment. The recording secretary advised the required affidavits were on file. See Clerk's File 1992 -39. Planning Director Freese reviewed the request of Tim Broback, of Parkview, Inc. and developer of the O'Leary's Hills Planned Unit Development to amend the phasing plan that was approved with the PUD in 1987. The developer has not been able to proceed as quickly as desired with O'Leary's Hills Fifth Addition because of the Sewer Diversion Amendment, currently pending before the Metropolitan Council. Members of the audience had no questions or comments. MOTION by Wippermann to close the public hearing. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION GIVING APPROVAL TO ADDENDUM I OF THE O'LEARY'S HILL PLANNED UNIT DEVELOPMENT PLAN. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Mayor McMenomy opened the public hearing to consider O'Leary's Hills Fifth Addition Rezoning Petition. The recording secretary advised the required affidavits were on file. See Clerk's File 1992 -39. Planning Director Freese requested that City Council table action until the Metropolitan Council approves the Major Guide Plan Amendment redirecting sewer flows from this area to the Empire Waste Water Treatment Plant. Members of the audience had no questions or comments. MOTION by Willcox to close the public hearing. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. ROSEM©UNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 MOTION by Willcox to table action until the Metropolitan Council approves Comprehensive Guide Plan Amendment No. 22. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Mayor McMenomy opened the public hearing to consider O'Leary's Hills Sixth Addition Rezoning Petition. The recording secretary advised the required affidavits were on file. See Clerk's File 1992 -39. Planning Director Freese requested that City Council table action in order to allow the developer and the city engineer to work out a plan for 'the improvements to the north -south street, Chokecherry Avenue4I within the plat. Members of the audience had no questions or comments. MOTION by Wippermann to close the public hearing. SECOND by Willcox.' Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by'•Wippertnann to table action until issues relating to street improvements in O'Leary's Hills Sixth Addition are resolved. SECOND by Staats. Ayes: Willcox, Wippermann; McMenomy, Staats, Klassen. Nays: 0. Mayor McMenomy opened the public hearing to consider R -1A Single Family Residential District Zoning Ordinance Text and Map Amendment. The recording secretary advised the required affidavits were on file. See Clerk's File 1992 -39. Planning Director Freese reviewed the proposed amendments and explained that since the Zoning Ordinance was revised in 1989 there has been an increase in variance requests regarding side yard setbacks, particularly in older established neighborhoods. Freese further explained that granting variances in these situations is difficult because of the stringent findings that must be made. At the direction of the Planning Commission, and later, following the submittal of a petition from residents residing in one of the neighborhoods affected by this ordinance, Planning Staff suggested that another Zoning District be created. In this new district, side yard setbacks would be five feet for single story houses and ten feet for two -story houses. The rear setback would be 25 feet instead of 30 feet. Detached accessory structures would be permitted five feet from the side yard property line. A concern was expressed from the Council and a petition was presented from a resident in Carrollton Addition to exclude this addition from the zoning ordinance text amendment. See Clerk's File 1992 -39. 2 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 MOTION by Willcox to close the public hearing. SECOND by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Staats to adopt Ordinance B -22 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE, EXCLUDING CARROLLTON ADDITION. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Willcox to waive the $250.00 application fee and refund those fees back to the residents submitting the petition. SECOND by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. City Administrator Jilk reviewed the proposed Modification of the Rosemount Redevelopment Plan. This modification calls for the expansion of the "Redevelopment Project Area" established in 1979 to encompass the entire Municipal Development District #1 established in 1990. This proposed modification will allow the city, through the auspices of the Rosemount Port Authority, to issue debt and utilize tax increment dollars for the construction of the Rosemount Community Center, the multi purpose arena, and the relocation and acquisition of the existing businesses along Highway #3. Jilk also advised that the Port Authority, at their September 14, 1992 regular meeting, took action and passed a resolution approving the plan. He also advised that the Dakota County Board of Commissioners had received and considered the proposed Modification Plan and concur that it follows the County's policy regarding tax increment financing. Members of the audience had no questions or comments. MOTION by Wippermann to close the public hearing. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION APPROVING MODIFICATION OF THE ROSEMOUNT REDEVELOPMENT PLAN AND THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, AND THE AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1 -1. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. The consent agenda was reviewed by Council with a correction being made to the September 1, 1992 Minutes regarding a motion by Councilmember Klassen. It was agreed, by Council, that a motion was not made but that consensus had been reached to direct staff to study feasibility of extending Highway 3 improvements beyond Armory needs. Item 9. g) Fischer Avenue Maintenance Agreement with Nininger Township was pulled to be discussed under Mayor's Report along with 12. d) Status of Fischer Avenue Complaint. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 MOTION by Willcox to approve the Consent Agenda as amended. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Mayor McMenomy called for a ten minute recess at 9:25 p.m. Meeting reconvened at 9:37 p.m. Mayor McMenomy requested that the agenda be amended to accommodate members of the audience who were in attendance to hear the outcome Of 10•: e) Armory /Community Center Project Contract Award. City Administrator Jilk advised that this item was on the agenda for final consideration and a decision would need to be made on which projects to approve. City Attorney Miles briefly commented on the status of Knutson Construction's appeal on their rejected Armory bid. Miles informed the council that papers had been filed yesterday and that a hearing had been scheduled for September 15, 1992. Miles advised that even though there was no action by the court at this time, there was no reason not to proceed and pass the resolution. Mr. Greg Clausen, Assistant Principal, Rosemount High School, reaffirmed the school district's position on their support and need for the proposed arena and reiterated the school district's commitment in terms of ice time hours. He also recognized the dedicated people involved in the planning of the project over the past four years. Members of the Council individually expressed their views regarding the proposed arena and voiced their support to proceed with the project. MOTION by McMenomy to adopt A RESOLUTION AWARDING THE CONTRACT FOR THE CONSTRUCTION OF THE NATIONAL GUARD ARMORY, ROSEMOUNT COMMUNITY CENTER, MULTI PURPOSE ARENA AND ASSOCIATED BID ITEMS EXCEPT BID ITEMS 14B, 29, AND 35A AT A COST NOT TO EXCEED $5,114,025 AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT DOCUMENTS. SECOND by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: O. Consensus was reached among Councilmembers to direct staff to begin the process of hiring a person to market the new facility which would include establishing a job description and structuring a salary. Parks and Recreation Director Bechtold briefly reviewed his request to award the contract for skating rink materials for Erickson Park and Jaycee Park. Bechtold explained that in order to save money, park maintenance staff would perform the labor required to construct the rinks. MOTION by Willcox to receive quotes and to award the contract for the rink materials to Dakota Lumber for $9,715 with $6,477 to come ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 from CIP Account #202 -24411 and $3,238 to come from CIP Account #532 for rink projects A -92.2 and J -92.5. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Klassen to receive the quotes and to award the contract for the back drop fence materials and labor to Century Fence Company for $10,398 with $6,932 to come from CIP Account #202- 24411 and $3,466 to come from CIP Account #534 for projects A- 92.2 and J -92.5. MOTION by Willcox to receive bids and award the contract to the lowest responsible bidder, Berg Electric Company, for the amount of $59,377 from CIP Account #202 -24411 and CIP Account #534 for rink lighting projects A -92.1 and J -92.5. Council entered into discussion regarding postponing the Fire Station referendum to March of 1993. It was agreed among Councilmembers that more time would not hurt the planning process and would do the project more justice. Discussion ensued regarding the timing of a new referendum and what the cost to the City would be to hold their own election. MOTION by Klassen to delay the holding of the referendum on the construction of the Fire Station and purchase of fire apparatus at a date later to be determined by the City Council in consideration of presenting more complete and timely information to the public on this project. SECOND by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Administrator Jilk reviewed and commented on the draft decision document for the Airport Dual -Track Planning Process. Council concurred that Mayor McMenomy should present comments, drafted by staff, to the Metropolitan Council at their Public Hearing scheduled for Tuesday, September 22, 1992. Council also directed staff to canvass surrounding cities to determine their position on the decision document and present this information to the Metropolitan Council at the hearing. Councilmember Willcox requested that a special meeting be set to discuss City staff salaries and to examine the cost effectiveness of accounting procedures. Councilmembers questioned whether Councilmember Willcox would provide comparison documentation from other municipalities for Council to review at the meeting. Councilmember Willcox indicated that he had information from one City and could get information from another. MOTION by McMenomy to set a special meeting 13, 1992 at 7:30 p.m. to discuss City staff accounting procedures. SECOND by Willcox. McMenomy, Staats, Klassen, Willcox. Nays: 5 for Tuesday, October salaries and Ayes: Wippermann, 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 15, 1992 MOTION by Willcox to table action on O'Leary's Hills Sixth Addition Final Plat to allow the developer and the city engineer to work out a plan for street improvements. SECOND by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Mayor McMenomy proclaimed September 17, 1992 as Child Protective Services Day in the City of Rosemount. Council was advised by Police Chief Knutsen that he would provide a recommendation for their consideration at the October 6, 1992 City Council meeting regarding a revised firearms ordinance. Council requested an update on the status of the erosion problem on the Carlson property that was brought to their attention by Mr. Harold Wachter. Public Works Director Wasmund informed Council that a meeting had been held with Mr. Wachter at the site and that Mr. Wachter was informed that the problem should be resolved when O'Leary's Hills Fifth Addition storm sewer is constructed. Public Works Director Wasmund briefly reviewed the Fischer *i enue Maintenance Agreement with Nininger Township. Wasmund informed Council that he had discussed the agreement with Mr. Robert Rotty, Nininger Township Chairperson, and that Mr. Rotty had concerns with the agreement. Council suggested that the agreement be amended to have either the City of Rosemount or Nininger Township maintain Fischer Avenue all of the time and the other pay for these services in place of the rotating schedule now being used. MOTION by Klassen to table action on the maintenance agreement for Fischer Avenue between the City of Rosemount and Nininger Township until an acceptable agreement can be arranged. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. In regard to the complaint by Jane Myklya, 14999 Fischer Avenue, City Administrator Jilk informed the Council that staff is still investigating the problems noted by Ms. Myklya. Discussions with the Police Chief and Fire Chief have taken place, and as evidenced by the Fischer Avenue Maintenance Agreement, steps are being taken to rectify road maintenance services. MOTION by Klassen to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. The meeting adjourned at 11:20 p.m. ATTE;' tep. n Jilk City Adminis- ator Respectfully submitted, Wbid co ICJ Deborah Widstrom Recording Secretary 6 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 21, 1992 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 21, 1992 at 5:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with all members present. City Administrator Jilk and City Attorney Mike Miles were also present. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy interrupted the special meeting for a closed session. The special meeting reconvened at 6:35 p.m. City Administrator Jilk advised the Council that the purpose of the meeting was to set a new public hearing on the Tax Increment Finance district Modification. he explained that the amount of debt limit stated in the Tax Increment Financing Modification, that the Port Authority and the City Council approved, was too low. Because of a misunderstanding, it was thought that the cost of acquiring and relocating the Highway 3 businesses would not have to be included in the debt issued and therefore was not included in the limit amount. He further explained that in order to correct this and proceed with the project, another public hearing would need to be held. MOTION by Wippermann to adopt A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED MODIFICATION OF THE ROSEMOUNT REDEVELOPMENT PLAN AND THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND A PROPOSED SECOND AMENDMENT TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1.1. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. Meeting adjourned at 6:40 p.m. ATTES S 7 Jilk City dministrator Respectfully submitted, c4 Deborah Widstrom 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED SESSION SEPTEMBER 21, 1992 Note: Closed meeting convened at 5:35 p.m. Meetings will be included when the ligation has been completed. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 29, 1992 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 29, 1992, at 6:30 p.m. in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Willcox, Staats and Wippermann present. Staff present were: Freese, Jilk, May, Sue Walsh and Wasmund. City Attorney Miles was also present. Item 2, Bond Sale /Authorization for Advertisement and Sale was pulled from the Agenda. Public Works Director Wasmund reviewed the street and utility improvements for Country Hills 4th, Project 222. MOTION by Klassen to adopt A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR A HEARING ON THE PROPOSED ASSESSMENT, COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 222. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Director Wasmund noted that for Project 213, the 160th Street Watermain Extension, the assessment policy in effect at the time of initiation will be used, not the recently adopted policy. The Core Funds will pay for half the cost, the rest will be assessed. MOTION by Klassen to adopt A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR A HEARING ON THE PROPOSED ASSESSMENT, 160TH STREET WATERMAIN EXTENSION, CITY PROJECT 213. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Klassen to adopt A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR A HEARING ON THE PROPOSED ASSESSMENT, CHIPPENDALE AVENUE IMPROVEMENTS, CITY PROJECT 191. Second by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: 0. Obstain: McMenomy. Planning Director Lisa Freese gave an update on the Sewer Diversion Amendment. Metropolitan Council staff informed the City that they were delaying the review of Rosemount's Comprehensive Guide Plan Amendment regarding the sewer diversion to Empire Waste Water Treatment Plant. Rosemount is trying to secure a commitment of an upgrade to the waste water system as soon as possible. October 12, 1992 the Waste Commission Committee will meet. At that meeting Rosemount will have a chance to present its needs. On October 22, 1992 the full Metropolitan Council will meet and act on the recommendation of the Waste Commission Committee, no input will be allowed by Rosemount at that meeting. A meeting was held today, September 29, with the Waste Commission staff and they acknowledged that the soonest an upgrade could be done would be 1994. City Administrator Jilk noted that Metropolitan Council's population projections have been low by ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING SEPTEMBER 29, 1992 25% since 1981 causing several near by communities slow downs in their development programs. The City of Rosemount with Lakeville, Farmington, Apple Valley and Eagan are working together to show this is a problem of "The System" and Metropolitan Council needs to address it. Director Freese further explained that the special meeting concerning the Comprehensive Guide Plan on October 5, 1992 would not be timely because the draft will not be ready until November. MOTION by McMenomy to cancel the Special City Council Meeting on the Comprehensive Guide Plan Update from October 5, 1992 and to reschedule it after the approval of the Sewer Diversion Amendment. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by McMenomy to adjourn to the Executive Closed Session. Second by Willcox. The Executive Closed Session convened at 7:00 p.m., Mayor McMenomy withdrew citing conflict of interest. Councilmembers and the Mayor returned to their seats at 8:07 p.m.. MOTION by Willcox to adjourn. Second by Wippermann. Ayes: 5. The meeting was adjourned at 8:15 p.m. Attes tor, Step an Ji City Administrator Reess�s.p!!eectfuully submitted, 'G i�I GLQ/ Linda Jentink, Recording Secretary 2 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING SEPTEMBER 29, 1992 Note: These minutes will be included when litigation is complete for the McDonough /Sunrise case. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1992 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 6, 1992 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox and Staats present. Klassen and Wippermann had excused absences. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Osmundson, and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy led the group in the Pledge of Allegiance. The Agenda was adjusted to have the Executive Closed Meeting first; City Engineer Osmundson corrected dollar amounts in Consent Item 4.n. and pulled Item 4. q. Bids for Section 31 Trunk Sanitary Sewer Facilities, Project 233. See Clerk's File 1992 -42. Mayor McMenomy moved to the Executive Closed Session at 7:35 p.m. The regular City Council meeting resumed at 8:00 p.m. Kevin Carroll represented the SOAR organization giving an update. He thanked the city staff and council for the active roll they played on the Draft Decision Document. Metropolitan Council staff remarked how coherent and constructive comments were at the Rosemount public hearing. The site selection meeting for October 21, 1992 was canceled. The Policy Task Force is seeking community input; Dakota County rejected the list of members presented. A fund raiser is planned for Rosemount October 11th and one in Hastings November 4th which is a pig roast at $5 each. City Administrator Stephan Jilk had received complaints regarding the parking around the high school. A year ago a survey was done which indicated that the majority did not want permit parking. City Council at that time decided to wait and see if complaints were made. Mayor McMenomy drove by 143th Street and noted that residents have an unfair amount of disturbance because of the students parking. Christy Hienz, Cantata Avenue, is concerned for the safety of the children in her day care. She has witnessed crimes, drag racing, litter, and interference with mail and safety vehicles. Mrs. McNearny, 143th Street, has a deaf child who can not be protected from racing cars approaching her. She also has had several bad experiences with non cooperative students and noted contacting the school provided no satisfaction. Police Chief Knutsen has reported 34 incident calls on 143rd Street resulting in 20 citations. Winter parking increases the problem, narrowing the street. Chief Knutsen would recommend parking signs on both sides prohibiting student parking and allow residents to have permit parking signs for their cars and any gisitors. FTbee sign would reach "No Parking Without Permit" monaay y. pm ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1992 Public Works Director Wasmund said the estimated cost last year for signs was $2,000 plus $500 for the printing of the permit cards. MOTION by Willcox to instruct the Police Department and Public Works staff to order signs as needed for parking restrictions near the high school as soon as can be done. Second by Staats. Ayes: Staats, Willcox, McMenomy. Nays: 0. Police Chief Knutsen presented revisions to the Firearms Ordinance. It allows for a nine square mile restricted area west of Biscayne Avenue. See Clerk's File 1992 -42. Earl Marotzke, 535 Gun Club Road, has a tree farm and a problem with deer debarking trees. He requested council approval for him to hunt within his property with the State Law requirements fulfilled. He noted that he has DNR approval to hunt from his truck due to a handicap. Council approved his request subject to a written request to the Police Chief. Vern Napper, 3405 145th Street East, President of the Dakota County Gun Club, has reviewed the ordinance and recommends its approval. He believes it increase safety for residents without being too prohibitive for those wishing to use guns. MOTION by McMenomy to adopt AN ORDINANCE NO. XIV.11 AMENDING TITLE Y, CHAPTER 5 PERTAINING TO BOWS AND FIREARMS. Second by Willcox. Ayes: Willcox, McMenomy, Staats. Nays: 0. A water bill complaint by Street West was made. He Commission on August 17, 1 denied. Finance Director late fees. Robert Chamberlain, 3565 Upper 148th had presented his case to the Utilities 992 and based on consumption, it was Jeff May explained the history of the Councilmember Willcox requested to see a study being completed by the finance department on types of complaints being received. MOTION by McMenomy to postpone any credits to Mr. Chamberlain until staff completes a study and can respond. Second by Willcox. Ayes: McMenomy, Staats, Willcox. Nays: 0. MOTION by Willcox to authorize the hiring of Mr. Kent Harbison to represent the City of Rosemount in the Michael McDonough /Sunrise Builders Supply Case. Second by Staats. Ayes: Staats, Willcox. Nays: 0. Abstain: McMenomy. Motion passed. Fire Chief Scott Aker presented the Semi Annual Report of the Fire Department to Council. Aker noted that two vehicles were not working; one due to failing a recent inspection on the aerial truck and the other, the 1965 pumper, the brakes need repair. Mayor McMenomy questioned the continued down time of the fire trucks. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1992 MOTION by McMenomy to approve the Consent Agenda with corrections to the September 15, 1992 regular meeting and removing Item 4.q. Second by Willcox. Ayes: Willcox, McMenomy, Staats. Nays: 0. See Clerk's File 1992 -42. Planning Director Lisa Freese presented O'Leary's Hills Sixth Addition Rezoning and Final Plat. MOTION by Willcox to adopt ORDINANCE B -23 AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. Second by Staats. Ayes: McMenomy, Staats, Willcox. Nays: 0. MOTION by Willcox to adopt A RESOLUTION APPROVING O'LEARY'S HILLS SIXTH ADDITION FINAL PLAT and to authorize the execution of the development contract. Second by Staats. Ayes: Staats, Willcox, McMenomy. Nays: 0. Administrator Jilk reviewed the schedule to appoint three members to the U.S.P.C.I. Trust Fund. MOTION by Staats to approve the appointment of Steve Toombs, Cathy Busho, and Jack Warweg, recommended by Mayor McMenomy to the USPCI, Inc. Rosemount Community "Trust Boar of Trustees for a period of three years commencing January 1, 1993 or until replaced by the City Council according to the Trust Agreement. Second by Willcox. Ayes; Willcox, McMenomy, Staats. Nays: 0. Planning Director Freese presented the Shannon Hills PUD Amendment. This new phasing plan was required for the approval of the Fourth Addition. The original agreement was executed on August 29, 1989 and the Planning Commission approved it at the September 22, 1992 meeting. MOTION by Willcox to adopt A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT ADDENDUM II, SHANNON HILLS ADDITION. Second by Staats. Ayes: McMenomy, Staats, Willcox. Nays: 0. Administrator Jilk reviewed the contract with Heikkila Productions, Inc. for the publication of a weekly newspaper in the City of Rosemount. The City plans to take a more active role in the layout of the City's Happenings Page. Todd Heikkila will review the contract and further discussion will be requested at the October 20, 1992 City Council meeting. The Mayor requested that the circulation be increased to areas in eastern Apple Valley since those residence also shop in Rosemount. Mayor McMenomy also asked to have a meeting with Mr. Heikkila. Administrator Jilk discussed the upcoming bond issues series 1992C, D, and E. Bonds 1992C are for the banquet facility and the theatre. Bonds 1992D are for public improvement projects. And, Bonds 1992E are related to the Port Authority's support for 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1992 Highway 3 business relocations, multi purpose arena, and cost overruns on the banquet facility and theatre. See Clerk's File 1992 -42. MOTION by Willcox to approve expenditures not exceeding $7,000 for the modifications and enhancements to our existing PC network from account 101- 41520 -01 -391. Second by Staats. Ayes: Staats, Willcox, McMenomy. Nays: 0. MOTION by Staats to authorize use of a Indemnification Agreement document for administrative purposes to the Zoning Ordinance allowing security fences in the General Industrial and Waste Management Zoning District. Second by Willcox. Ayes: Willcox, McMenomy, Staats. Nays: 0. City Engineer Bud Osmundson water for eastern Rosemount. with development projects. companies that also require requested studies on the sewer and These studies are used constantly Funds may be provided by some major potable water systems. MOTION by McMenomy to approve the Eastern Rosemount Sewer and Water Request for Proposals and authorize staff to solicit responses. Second by Willcox. Ayes: McMenomy, Staats, Willcox. Nays: 0. The Geographic Information System discussion and Highway 3 Improvement Update, City Project 239 were removed from this meeting to be presented on October 20th due to time restrictions. The city's financial consultant, Springsted, Inc., has recommended that three people represent the City of Rosemount in New York for the Moody's Bond Rating interview. The City's rating now is "A if it would be lowered to the next rating, BAA, it could require to 1 percent increase on the bonds. Finance Director May, Administrator Jilk, and Port Authority Chairperson Ed Dunn have been requested to represent Rosemount. MOTION by McMenomy to authorize up to three people to represent Rosemount in New York for the Moody's Bond Rating interview. The recommended people would be Jeff May, Stephan Jilk, Edmund Dunn; and Mayor McMenomy as an alternative. Second by Staats. Ayes: Staats, Willcox, McMenomy. Nays: 0. MOTION by McMenomy to direct the City Administrator to begin the Committee /Commission Member selection process as set out in Policy AD -1 for final appointment selection on January 15, 1993. Second by Willcox. Ayes: Willcox, McMenomy, Staats. Nays: 0. See Clerk's File 1992 -42. Administrator Jilk explained the State legislation which has a 2% trust fund dedicated to fund local governments and how it has not provided relief to cities yet. St. Paul Coucilmember Bob Long is leading an effort to amend this legislation to protect this fund for property tax relief. 4 1 1 MOTION by Willcox to adopt RESOLUTION 1992 -78, A RESOLUTION CONCERNING A CONSTITUTIONAL AMENDMENT TO CREATE A NEW PROPERTY TAX PAYERS TRUST FUND IN MINNESOTA. Second by Staats. Ayes: McMenomy, Staats, Willcox. Nays: 0. Mayor McMenomy read a proclamation calling for October 4 through October 10 as "Fire Prevention Week This year it emphasis' early detection and prevention. Administrator Jilk noted that Dakota County would be doing a presentation on the Dakota County Incinerator on Tuesday, October 13, at 6:30 p.m. for staff, City Council and any interested city commissioners. MOTION by McMenomy to adjourn the meeting. Second by Staats. All ayes. The meeting was adjourned at 10:35 p.m. ATTEST: ‘,06(..d Zi Step an Jilk, City Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 6, 1992 Respectfully submitted, Linda Jentink, Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING OCTOBER 6, 1992 Note: These minutes will be included when litigation is complete for the McDonough /Sunrise case. ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING OCTOBER 8, 1992 Note: These minutes will be included when litigation is complete for the McDonough /Sunrise case. 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 13, 1992 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 13, 1992, at 8:00 p.m. in the Council Chamber at City Hall. Mayor McMenomy called the meeting to order with Staats, Willcox, Klassen and Wippermann present. City Administrator Jilk, City Attorney Miles and all of city staff were also present. The purpose of the special meeting was to authorize bond issues and discuss City salary and budget information. See Clerk's File 1992 -43. Finance Director Jeff May presented information on the 1992C, 1992D and 1992E Bond Issues. These bonds are for the portion of the National Guard Armory upgrades to the banquet facility and the theatre that were approved by referendum in February of 1991. Bids will be opened Tuesday, October 27, 1992 at 11:00 a.m. for presentation to City Council that evening at 8:00 p.m. The transfer of funds is recommended to buydown the bond and enable the City to incur less debt. MOTION by McMenomy to authorize the transfer of funds for the buydown of the Port Authority issue, Series 1992E, from the Paid Up Debt Service Bond Fund the amount of $36,310 and from the CIP Fund the amount of $200,000. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,080,000 GENERAL OBLIGATION COMMUNITY CENTER BONDS, SERIES 1992C. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Director May noted that Bond Series 1992D will be used for four city projects, O'Leary's Hills 5th Addition, #232; Section 31 Trunk Sanitary Sewer Improvements, #233; Shannon Hills 4th Addition, #234; and the National Guard Armory Water Improvements, #237. MOTION by Wippermann to adopt A RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,470,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992D. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Mayor McMenomy said Council requested more facts on city staff salaries, discussing a wage freeze possibility. Citizens raised some concerns through a Taxpayer's for a Responsible Budget Committee about the budget, inconsistencies, and high salary raises. Mr. Donald Sinnwell introduced the Taxpayer's for a Responsible Budget (TRB) Committee as a professional group of citizens concerned that city funds could be more wisely spent. ROSEMOUNT CITY PROCEEINGS SPECIAL MEETING OCTOBER 13, 1992 Marge Ryan, a member of TRB, noted that all citizens have a responsibility for involvement, contribution, scrutiny and responsibility to the City regarding the budget. The budget should be more readable so that City Council and citizens can understand, compare and make educated judgments. Discussion followed regarding staff position salaries and benefits. One city employee expressed her opinion, urging TRB to get accurate figures and told the council to have faith in city staff. Mayor McMenomy indicated that the citizens deserve a budget that is easily understood and since the employment policy is five years old, a review is in order. The Mayor emphasized that we need to work together, with better communication, trying to be financially responsible and go from there. Administrator Jilk requested that council consider a presentation by Professor Paul Light who is a member of a national committee that has studied for two years the plight of cities in the United States. Council agreed. TRB presented a list of questions that Administrator Jilk agreed to answer by October 23, 1992. A Special Meeting was called for October 27, at 8:00 p.m. to continue discussion on the budget and salaries. MOTION by Mayor McMenomy to adjourn. Second by Willcox. The meeting was adjourned at 9:45 p.m. ATTES Step 4n Jilk, •`ity Administrator Respectfully submitted, 2 Linda Jentink, •ecording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 20, 1992 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 20, 1992 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Osmundson, Walsh and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy led the group in the Pledge of Allegiance. Items were added to the Agenda as follows: 3.b. Minnesota Valley Transit Authority; 3.c. Downtown Scoping Committee Update; Mayors Report 12.a. Letter from I.S.D. 196, 12.b. Letter from City Intern; Administrator's Report 13.a. Legislative Program, and 13.b. Notice of Representation by AFSCME (American Federation of State, County and Municipal Employees.) Sheila Klassen announced that the Minnesota Valley Transit Authority will be receiving the award for "Transit Provider of the Year" at the St. Cloud Transit Conference, October 28, 1992. The City Council congratulates them on the award and the rapid growth incurred by this young organization. Mr. Bernard M. McGarrigle represented the newly formed "Downtown Scoping Committee He provided the Council with the mission statement, goals and objectives, and a proposed scope of recommendations. The group has had a good start and wish to keep up communication between staff and commissions. Past reports and progress updates have been reviewed with the Port Authority scheduled next to report to. They expect to draw on staff for expertise. The final document is intended to have a body of standards that will not be directed to specific properties but rather set the guidelines for future development and /or improvements. See Clerk's File 1992 -44. Klassen commented that the Downtown Scoping Committee include in defining boundaries the idea of senior housing, the central business core and that the description of walkways also include lighting for a decorative continuity to enhance downtown. Mayor McMenomy hoped that some recommendations would come from the Downtown Scoping Committee on the removal or re- construction of buildings where needed. McGarrigle noted that the intent would be to go with a "non- conforming" procedure that would be sensitive to the need of economic development. Wippermann said the scope of the outline shows an excellent base and fills a necessary review of the downtown area. He looks forward to the final recommendations. Planning Director Lisa Freese gave an update to the Sewer Diversion Amendment to Metropolitan Council. She and City Administrator Jilk met individually with several members of the ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 20, 1992 Metropolitan Council with good success. The Community Development Committee of the Metropolitan Council has recommended approval of the amendment. Adjoining cities have voiced concerns for their own needs but did lend their support to Rosemount's amendment featuring the "system's" flaw in projections should not create competition between cities. Freese noted the Metropolitan Council staff report includes several items that will be pertinent to the Comprehensive Guide Plan in the future. See Clerk's File 1992- 44 MOTION by Wippermann to approve the Consent Agenda as presented. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Mayor McMenomy opened the Public Hearing for Kady's Liquor License Extension at 8:00 p.m. Administrator Jilk noted that the public notice had been published October 9, 1992 and that affidavits are in transit to this office. Administrative Assistant Susan Walsh requested Council to consider the extension of Mr. Louie Walsh's liquor license to include the restaurant portion of his business. Mr. Walsh was present. Councilmember Willcox talked with Mr. Walsh's lawyer at length and he was satisfied that Mr. Walsh was not directly involved in criminal action. Mr. Phil Byrne of the St. Paul City Attorney's Office said action against Mr. Walsh resulted in suspension of his gambling license for thirty days and the condition of an annual audit. Mr. Scott Nelson, Danbury Avenue, spoke in favor of Kady's liquor license extension and noted that with the new armory drawing additional people to Rosemount that his restaurant will enhance the choices available to them. Ms. Debra Marthalar, Claret Avenue West, opposed Kady's approval because of Mr. Walsh's recent conviction on the gambling offense and the negative message of encouragement to other city businesses. At minimum an annual audit or suspension should be considered. Council consensus was caution should be used, but noted that no liquor violations had occurred. MOTION by McMenomy to close the Public Hearing for Kady's Liquor License Extension. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Klassen to approve the request to amend the On -Sale and Special Sunday Liquor License Applications submitted by Louie's, Inc. to allow service of intoxicating liquor in the restaurant side of Kady's with the condition if any violation of the State of Minnesota Gambling Laws occur by Mr. Louie Walsh that this would automatically trigger the Liquor License' revocation process; and that this condition would remain until Mr. Louie Walsh's probation period as determined by the Court is terminated. Second by 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 20, 1992 Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Mayor McMenomy opened the Public Hearing of Chippendale Avenue Improvements Assessment Hearing. Let the record show the proper Affidavits were on file with the City Clerk. See Clerk's File 1992 -44. City Engineer Bud Osmundson reviewed the past history of City Project 191 which began in 1988. The project was delayed by Minnesota Department of Transportation and lack of state aid funds. MOTION by Wippermann to close the Public Hearing for Chippendale Avenue Improvements Project 191. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Willcox to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, CHIPPENDALE AVENUE IMPROVEMENTS, PROJECT 191 IN THE AMOUNT OF $182,857. Second by Wippermann. Discussion ensued. Klassen asked City Attorney Miles if the difference in total cost amount matters. He replied that a new Public Hearing should be ordered. City Clerk Susan Walsh noted that an objection letter had been received. Willcox withdrew his motion; Wippermann removed his second on the motion. Motion was withdrawn. Attorney Miles said re- noticing due to the larger amount would be required. MOTION by Willcox to re- notice City Project 191. Second by Klassen. Ayes: Wippermann, Staats, Klassen, Willcox. Nays: 0. Abstain: McMenomy. Mayor McMenomy opened the Public Hearing for the 160th Street Watermain Extension, Project 213. The affidavits of publication are on file. See Clerk's File 1992 -44. City Engineer Osmundson reviewed the project in which the final cost was lower than first presented estimated. One property owner to be assessed, Jerry Anderson, noted that the grass seeding was not acceptable and Mr. Wasmund had indicated that corrections to that would be made. Wasmund also clarified that the City Core Fund is a city fund made available for improvement projects when the City requires a larger sized project than is needed for serving a development. MOTION by Wippermann to close the Public Hearing for 160th Street Watermain Extension Project 213. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Willcox to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, 160TH STREET WATERMAIN EXTENSION, PROJECT 213 IN THE AMOUNT OF 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 20, 1992 $125,344. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: 0. Abstain: McMenomy. Mayor McMenomy opened the Public Hearing for Country Hills 4th Addition Street and Utility Improvements, Project 222. The proper affidavits are on file. See Clerk's File 1992 -44. City Engineer Osmundson reviewed Project 222. The original public hearing held July 2, 1992 informed the property owners that up to $242,700 would be assessed. The final cost to property owners is $235,275. MOTION by McMenomy to close the Public Hearing of Country Hills 4th Addition Street and Utility Improvements, Project 222. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL, COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, PROJECT 222 IN THE AMOUNT OF $235,275. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Mayor McMenomy called for the executive closed session at 8:50 p.m. Council returned at 9:20 p.m., the Mayor called the meeting to order and resumed the agenda. Public Works Director Wasmund reviewed the lease agreement with the University of Minnesota for cold storage on the Rosemount Experiment Station property in Rosemount. The larger space, 8000 square feet, would satisfy the immediate needs for storage. Additional space may be required in two years. The consensus of Council was not to commit for the length of a year, but for six months or have a thirty day release clause if possible. Staff was directed to investigate the University's willingness to participate in this type of contract. MOTION by McMenomy to approve the rental agreement for six months for added cold storage with the University of Minnesota Research Center and Authorize the necessary signatures. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Ron Bray, P.E. from OSM Engineering, projected costs for Highway 3 improvements near the armory as an urban section with curb and gutter and decorative lighting and the funding of Project 239. MnDot may be willing to fund up to 50% of a project plus 8% of engineering costs. MnDot is willing to work with the City and suggests working in phases for the downtown area. Klassen suggested that the "Downtown Scoping Committee" address lighting for Highway 3 from Connemara to County Road 42. No action was taken at this time. 4 Administrator Jilk reviewed negotiations with Mr. Todd Heikkila for an agreement to produce and distribute a Rosemount newspaper. Mr. Heikkila requested a substantial increase in the amount and expressed a desire to sell the paper by subscription. Mr. Heikkila thanked the City for the eighteen months of working together, he felt the arrangement benefited the City but he was unable to sustain much of a profit. The weekly mailing costs were often more than the advertising income from the City. Rosemount's retail base is small so he didn't see any future increase. Heikkila plans to qualify the "Rosemount Town Pages" as a "legal" newspaper as soon as possible. Wippermann commented that the paper has helped with the "identity" concept in Rosemount. The consensus was to direct staff to research whole page ad versus a newsletter cost. Klassen added Council hoped the best for the paper and thanked them for their services. MOTION by Staats arrangements for through December Staats, Klassen, 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 20, 1992 to proceed with the existing contractual the publication of the Rosemount Town pages 31, 1992. Second by Willcox. Ayes: McMenomy, Willcox, Wippermann. Nays: 0. Administrator Jilk introduced Craig Gerkin from Materials Recovery, Inc. who reported that the Capital Assistance Grant through Metropolitan Council has helped his firm purchase a construction grinder that will grind large pieces of wood like pallets into recyclable material. This will help keep 200,000 cubic yards of materials out of the landfills. The City does not contribute funds but acts as a sponsor, as it has for Knutson Recovery Systems also, which allows Metropolitan Council to encourage resource recovery. Materials Recovery, Inc. works with construction companies, not individual residents. MOTION by Wippermann to approve the sponsorship of the Capital Assistance Grant for Materials Recovery, Inc. and to direct staff to continue to process the necessary application documents for Metropolitan Council and City Council approval. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. Jack Tonkin enthusiastically presented the possibility of the International 1994 Ringettes Championship scheduled to be held in the United States this year, hopefully to be held in Rosemount. South St. Paul also has an interest in this and is willing to have a joint venture. It has been held once every two years including Winnipeg, Canada, and Helsinki, Finland. Mr. Tonkin was requesting ice time in March for ten days, including two weekends. Discussion was held on the amount of staff time this might engage, cost and involvement of the community. Debra Marthalar, representing Rosemount Organized Special Events, R.O.S.E., noted that the concept of a Championship Tournament would excite her group. The month of March is a very good time ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 20, 1992 because no other events are planned. She believed her group could offer support. MOTION by McMenomy to support the City of Rosemount's bid for the 1994 International Ringette Championship and commit involvement of up to $15,000. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Willcox to proclaim the last Friday of April as Arbor Day and the Month of May to be Arbor Month and to approve the signing of the necessary documents to apply for the Tree City USA Award. Second by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Planning Director Lisa Freese noted that there will be a presentation of the Geographic Information Systems (GIS) on November 4, 1992 at 5:00 p.m. for about one hour and a half. MOTION by Willcox to adopt A RESOLUTION OF THANKS TO MR. WILLIAM C. NORRIS FOR HIS ASSISTANCE TO THE CITY OF ROSEMOUNT AND HIS CONTINUED DEDICATION TO THE DEVELOPMENT OF SMALL BUSINESS. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Mayor McMenomy received a letter from the school district regarding appointing a liaison from City Council to School District 196. Mayor McMenomy consented to be that liaison. The Mayor asked City Attorney Miles to respond to a letter received from the attorney of an employee. City Administrator Jilk reported that he received by mail the notification of representation by AFSCME, American Federation of State, County, Municipal Employees. A union that is representing city employees not covered by either of the other two unions, those who are exempt, or are supervisory personnel. Jilk and City Attorney Miles advised Council that further discussion of salaries may take place but no implementation will be allowed until negotiations have taken place with the union. The legislative programs were discussed by Administrator Jilk. A new format is being developed to better represent Dakota County cities. The League of Minnesota Cities and AMM have scheduled a workshop November 13, 1992. MOTION by Klassen to support the proposed Dakota County legislative process. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Staats to authorize attendance at the League of Minnesota Cities and AMM Policy Adoption Meetings. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. 6 MOTION by Willcox to adjourn the meeting. Second by Staats. All ayes. The meeting was adjourned at 11:35 p.m. Respectfully submitted, ATTESB: Step Jilk,/ ity Administrator 7 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 20, 1992 Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING OCTOBER 20, 1992 Pursuant to due call and notice thereof an executive closed session of the City Council of the City of Rosemount was duly held on Tuesday, October 20, 1992 at 7:50 p.m. in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order with all City Council Members present, Public Works Director Ron Wasmund, City Administrator Jilk and City Attorney Grannis. Director Wasmund advised the purpose of the meeting was to update the Council on the condemnation proceedings with the First Baptist Church easement. The Baptist Church is protesting the land value appraisal amount being offered. Attorney David Grannis said the trial will be October 27, 1992, for which he request testimony of staff and other witnesses including Thomas Metzson, appraisal; Steve Campbell, SEH Engineer; Bud Osmundson, Engineer; and Dean Johnson, Planning Department. The Court Appointed Commissioners of Dakota County have set the land value at $40,250; Rosemount's appraisal was $37,000; and the Baptist Church is requesting $115,000. The City tried to comply to the future plans of a "campus development" on the property, adjusting easement positions accordingly. Also, black dirt was stock piled to provide for future landscaping. It was the consensus of Council for Mr. Grannis to negotiate for a counter proposal if the opportunity came for up to $55,000 plus a $5,000 addition if necessary plus interest. Council also authorized Mr. Grannis to contact Dean Johnson of Resource Strategies, Corp. and Steve Campbell of SEH Engineering to testify in behalf of the City. ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING OCTOBER 20, 1992 MOTION by Willcox to adjourn. SECOND by Wippermann. Ayes: 5. Nays: 0. ATTEST tepha Jilk, Ci Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 27, 1992 Respectfully submitted, Linda Jentink, Recording Secretary 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, October 27, 1992, at 8:00 p.m. in the Council Chamber at City Hall. Mayor McMenomy called the meeting to order with Willcox, Klassen and Wippermann present. councilmember Staats was absent. City Administrator Jilk, City Attorney Miles, financial consultants Dan O'Neill and Roger Schaunus and most of city staff were also present. The purpose of the special meeting was to authorize bond issues and discuss city salary and budget information. Finance Director Jeff May presented information on the General Obligation Bonds 1992C approved in February 1991. Bids were accepted this morning at Springsted, Inc. Dan O'Neill from Springsted, Inc. reported that Norwest was sole bidder for this issue at 6.38% interest rate. he explained the higher interest rate was due to the large number of bonds for sale at this time and the climate created by the Presidential race. See Clerk's File 1992 -45. Mr. O'Neill attended with City Administrator Steve Jilk, Finance Director Jeff May and Port Authority Chairman Ed Dunn the interview with Moody's Investment Services. he said all participants did an excellent job presenting Rosemount's future plans and past history which resulted in a reinstatement of an "A" Rating for the City and the Port Authority. Moody's was impresses by the strong city funds level, low debt in terms of value and commented that Rosemount looked like a very positive investment. Klassen asked what that means for Rosemount. O'Neill explained that the interview included presentations of demographics, planning for the future, government structure, budget structure, ratios of debt to value and per capita. The interview was very ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 27, 1992 intense, lasting over three hours. The National Guard Armory Project was reviewed, the facility study, the Master Parks Plan, the Erickson Park Master Plan, all budget information, the Port Authority's background and budget, and past history provided by Ed Dunn. The "A" Rating now qualifies the City of Rosemount to receive better interest rates and insurance to other interested parties that "Rosemount is a good investment." MOTION by Wippermann to adopt a RESOLUTION ACCEPTING THE SALE OF $1,080,000 GENERAL OBLIGATION COMMUNITY CENTER BONDS, SERIES 1992C, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. Second by McMenomy. Ayes: Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Wippermann to adopt a RESOLUTION ACCEPTING THE SALE OF $1,470,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992D, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF. Second by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Klassen. Nays: 0. MOTION by McMenomy to adopt AN ORDINANCE AUTHORIZING THE ISSUANCE OF $3,425,000 GENERAL OBLIGATION MUNICIPAL BUILDING BONDS, SERIES 1992E BY THE ROSEMOUNT PORT AUTHORITY AND PLEDGING THE FULL FAITH AND CREDIT TO THE PAYMENT THEREOF. Second by Willcox. Ayes: Wippermann, McMenomy, Klassen, Willcox. Nays: 0. Councilmember Willcox noted that he believed that the document changes for these bonds should have been tracked better to clarify information for Council. The financial consultants commented that because of the federal, state, and National Guard regulations required, it was even difficult for Springsted, Inc. to follow at times. It was a unique interaction requiring legal procedures not usually dealt with. Mayor McMenomy introduced the budget discussion. City Administrator Jilk read through the list of questions made by the Taxpayers for a Responsible Budget (TRB) and answers provided by the City to familiarize the audience and allow for comments. See Clerk's File 1992 -45. TRB spokesman, Don Sinnwell, asked each City Councilmember to respond as to the amount of time they spent on reviewing this proposed budget information. Klassen responded that damage had been done to the City image when in fact information was interpreted wrong without consulting with city staff. Klassen added that several days were spent by her reviewing the proposed budget. Willcox responded by referring to his letter dated October 18, 1992 to Steve Jilk and City Council. See Clerk's File 1992 -45. He agrees with Sinnwell that the budget should be simplified and each department should have an individual budget. Also his letter indicated support for a wage freeze for city employees, eliminating longevity benefits and car allowances, investigating salaries, and changing advancement policy. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 27, 1992 Wippermann advised Mr. Sinnwell that he had spent several days reviewing the budget and salary process. Wippermann noted that taxes are a popular topic right now and a concern for all. Wippermann did not understand why residents would be upset about cutting $216,000 from the proposed budget since this is what would prevent their city taxes from raising. Council directed staff to find additional funds to provide priority funding to city services. Staff was able to commit to increasing the police force by two officers and increase funds for police, fire and street maintenance services. Because of this, it is projected that city taxes will not increase for the typical homeowner. Staff has provided a budget which met the direction given to them by the Council. Many negative feelings have resulted from the inaccurate information that TRB put in several newspaper editorial letters and a flyer that was circulated through much of Rosemount Wippermann noted. Had TRB reviewed this information with city staff this could have been prevented. Wippermann said he does not support a wage freeze; it is a popular idea, but not the correct thing to do. Staff has been asked to work harder for each tax dollar and the reward should not be to freeze their salaries. Last year the Council projected to have a wage study done in 1993 for which the process has already begun. Salaries in city governments are governed by the Comparable Worth Laws of the State of Minnesota, so some restrictions already exist. Wippermann commended residents for their interest and their right to express concern. Council and city staff have been and plan to continue to act in a responsible manner on all city issues. Administrator Jilk explained that cities in Minnesota are now required to update their Comparable Worth Plan for the State. Labor Relations Corporation is an outside business that can impartially evaluate each position and make suggestions. The last study of this type was done in 1988. Jilk and department heads have further suggested a Financial Management Committee made up of the Finance Director, City Administrator, two councilmembers, city auditor and city financial consultant. This committee could look at compensation packages and make short term and long term goals. Mayor McMenomy commented on the time needed to review the budget. He felt that time was being wasted and he would like to move ahead to a resolution regarding a wage freeze. McMenomy agreed that the negative mood created by the conflict of facts, right or wrong, was harmful. He commented it is his responsibility to lead the Council. Mayor McMenomy said city employees are well paid compared to the private sector although there are obligations by the State. MOTION by McMenomy to freese city employees' salaries. No second made at this time. Audience comments were received. 3 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 27, 1992 Marie Jensen, 14325 Cameo Avenue, a member of TRB believed staff should conduct policy reviews, make understandable budgets, and freeze the 1993 salaries. She also commented that the agendas are too lengthy; she referred to Cindy Dorniden's comments from the October 13, 1992 meeting, a city employee, and said they had not meant to cause any anguish for her; and she thanked Lisa Jost for her aid in restoring the Tiny Tots Program. She quoted from a recent news article, "Cities must begin to define, defend and advance for a common destiny working together." Lucy Holzer, 15614 Cornell Trail, a member of TRB, responded that she had addressed the City Council with a letter from the Rosemount Chamber of Commerce and had not received any response from city staff at the October 6, 1992 City Council meeting. The additional actions of TRB seemed to be required to have staff take action. Lorrayne Ingram, 3310 137th Street, noted that Council has to be realistic, times are hard, a freeze of salaries would be in order. she asked, "Can we believe our taxes will not go up now, when they will not be know to us until January or March? Politicians do not have a good image right now." The City seems to have a good staff, we don't want to discredit the, but we are all (residents too) deserving of a raise. Ingram encouraged Council and staff to work together. Klassen also encouraged the TRB Committee to work with staff to solve any facts and figure differences. Klassen said the employees deserve a more credible format for discussion. City staff has reached a work saturation point, and yet, they are asked to endure a wage freeze. There are better ways to cut spending than freezing salaries. Willcox noted that the labor cost for the City are high, 67% of budget. He believes this should be cut to 60% of budget. Administrator Jilk replied that the per capita number of full time employees per 1000 people in population in Rosemount is 4.9. Taking the total operating budget of $2,114,573 puts our labor costs at 59% of budget now. The population since 1990 (9,129) has increase by 220 homes per year and so would be estimated at 10,000 people. The Community Center will add three new employees next year so the per capita will increase by .3 to 5.2. Employees per 100 population may not be a realistic comparison to use. MOTION by McMenomy to establish a policy that City Council will seek a salary freeze on all city employees for January 1, 1993. Second by Willcox. Ayes: McMenomy, Willcox. Nays: Klassen, Wippermann. Motion failed. The Mayor called for a 10 :30 adjournment or as near as possible. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 27, 1992 Willcox requested that at the November 3, 1992 regular meeting under OLD BUSINESS, the salary freeze issue be brought back for full Council vote. Mayor McMenomy said, "Now the salary issue is back in the Council's lap where it belongs." Administrator Jilk reminded Council of the matters with the police union, public works union and now the possibility of a third union for the remaining employees which are not department heads. Jilk suggested having a representative from Labor Relations Corporation who deals with unions and comparable worth attend a Council meeting to discuss comparable worth and employee compensation programs. Mayor McMenomy recommended going ahead with authorizing the $7500 expense for the Comparable Worth Study after hearing the speaker from Labor Relations Corporation. Mayor McMenomy noted Jan Myklya's presence in the audience. She had a complaint with city services and requested a response from staff which was not received. Administrator Jilk apologized for the delay and would follow up by the end of the week. The City Auditor, Roger Schaunas of Boeckermann Heinen Mayer, reviewed the reasons why a budget is developed including many requirements by the State and Federal agencies. Each city develops one differently. Rosemount uses the State Chart of Accounts for account numbers, legal restrictions, and generally accepted accounting principals. Rosemount has made several improvements to clarify the budget in the past two years, some are: revenue line items, cash flow reports, and monthly financial statements. Willcox noted that he had not seen cash flow reports. Sinnwell thought each department should have a budget which reflected all costs of their operation. Mr. Schaunas said that kind of detail requires additional staff time daily so Council would have to decide priorities and if this staff time expense would be efficient. Public Works Director Wasmund explained the maintenance of all city fleet vehicles was moved to the Public Works Department because the mechanics required an efficient way to expedite purchase orders. Each category can be broken out to identify department costs so expenditures can be tracked. Administrator Jilk presented some examples of interim budget reports. Jilk suggested a quarterly review of these reports to help Council discern the City's financial position. 5 MOTION by Willcox to adjourn. Second by McMenomy. All in favor. The meeting was adjourned at 10:45 p.m. Respectfully submitted, k ATTEST: Step n Jil City Administrator Linda Jentink, Recording Secretary 6 Eel Z ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING OCTOBER 27, 1992 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 3, 1992 Pursuant to due call and notice thereof a Regular Meeting of the Rosemount City Council of the City of Rosemount was duly held on Tuesday, November 3, 1992 at 8:00 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. Also present were city staff members Osmundson, Bechtold, Aker, Knutsen, Freese, Wasmund, and Pearson. City Attorney Mike Miles was also present. Mayor McMenomy led the group in the Pledge of Allegiance. City Administrator Jilk added to the agenda Item 8. a) Reorganization of the League of Minnesota Cities. City Administrator Jilk advised that Kevin Carroll of SOAR was not able to attend but had sent a fax regarding a couple of comments Mr. Carroll would like mentioned. The fundraiser on October 10, 1992 was considered successful and raised approximately $4,000 towards their effort and another one is being planned. SOAR has provided to the City a copy of the Study Design document from Metropolitan Airport's Commission. Jilk also mentioned the recent article in the St. Paul Pioneer Press regarding the decline in the airline industry. Also mentioned was the upcoming meeting on November 30, 1992 at the Dakota County Extension Building regarding land acquisition and how it affects the area's residents. Planning Director Freese announced that the city had received official notice that two comprehensive guide plan amendments had been approved at the Metropolitan Council's October 22, 1992 meeting. They are: 1) the National Guard Armory Community Center MUSA Expansion; and 2) the Empire WWTP Diversion and MUSA Expansion. Freese further explained the recommendations made by Metropolitan Council regarding the city's policies which will ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 3, 1992 have to be addressed before any future submittals can be made to the Metropolitan Council. See Clerk's File 1992 -46. MOTION by Wippermann to approve the consent agenda as printed. SECOND by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Mr. Cy Smythe of Labor Relations, Inc. was introduced to the council and was present to discuss several items in relation to salaries for city employees, and specifically, how the city's compensation package relates to pay equity and where the city stands as far as compliance. Mr. Smythe provided four documents analyzing where the city has been in regard to pay equity and the city's current status. Mr. Smythe suggested that staying in compliance was the easiest standard to maintain and that the city should reduce the number of current inequities while still remaining competitive within the market place and compliance with the law. Mr. Smythe suggested organizational changes and used maintenance I, II, III positions as an example. He explained that the city's structure does not promote a desire to improve. MOTION by Willcox to direct staff to develop a work program to present to council for review and adoption and then submit to Cy Smith for review and for proposing a budget to complete it. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. City Administrator Jilk explained that the employee salary and benefits freeze consideration was back on the agenda at council's request after the motion failed at the October 27, 1992 meeting. Discussion ensued whether to proceed with the current budgeted pay increase until the compensation review from Labor Relations is complete or to freeze salaries and benefits until the compensation review is complete. MOTION by Willcox to establish a policy that the City Council will seek a salary freeze on all city employees for January 1, 1993 until the salary report from Cy Smythe of Labor Relations, Inc. is complete. SECOND by McMenomy. Ayes: McMenomy, Willcox. Nays: Staats, Klassen, Wippermann. Planning Director Freese reviewed information regarding O'Leary's Hills Fifth Addition final plat approval. The request to rezone this property from AG to R -1 was tabled until the Metropolitan Council acted on the city's comprehensive guide plan amendment. Freese explained that this land is now included in the Metropolitan Urban Service Area (MUSA) after the Metropolitan Council approved the sewer diversion amendment on October 22, 1992 and this rezoning would now be consistent with the policies of the City of Rosemount's Comprehensive Guide Plan. MOTION by Wippermann to adopt Ordinance B -24, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE. SECOND by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 3, 1992 MOTION by Wippermann to adopt A RESOLUTION APPROVING O'LEARY'S HILLS FIFTH ADDITION FINAL PLAT AND TO AUTHORIZE EXECUTION OF THE DEVELOPMENT CONTRACT. SECOND by McMenomy. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. Planning Director Freese reviewed Hampton Development Corporation's lot split and condemnation request for Shannon Pond PUD. Much discussion centered around the condemnation request and the failed attempts at negotiation between the property owners. Council agreed that it was for the public's best interest to proceed with condemnation, but would approve condemnation proceedings only if Hampton Development agreed to pay for costs associated with it. MOTION by Klassen to adopt A RESOLUTION APPROVING A METES AND BOUNDS LOT DIVISION REQUESTED BY HAMPTON DEVELOPMENT CORPORATION FOR PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 115, RANGE 19. SECOND by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Willcox to authorize condemnation for public roadways being the 120 feet described in this instrument with all costs to be paid by Hampton Development. And as such, the City is not acting as an agent for the developer but in the best interest of the City. SECOND by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Willcox to authorize condemnation for public roadways at Danville Avenue, 156th Street, and Danbury Avenue with all costs to be paid by Hampton Development. And as such, the City is not acting as an agent for the developer but in the best interest of the City. SECOND by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Public Works Director Wasmund apprised the Council on the status of the Fischer Avenue Maintenance Agreement with Nininger Township. Wasmund advised that he had spoke with David Tanner, legal counsel for Nininger Township, regarding some suggested changes to the agreement. Council reached a consensus that staff should revise agreement to have the City of Rosemount maintain Fischer Avenue for the annual cash payment required by Nininger Township. Wasmund also advised that the City of Rosemount will maintain Fischer Avenue beginning November 1, 1992 until a new contract is in place. Jerry Anderson, owner of AAA on 160th Street, suggested that the City also consider entering into the same agreement with Empire Township for 160th Street maintenance. Staff was directed to revise the Fischer Avenue agreement and bring back recommendations for council consideration. MOTION by Willcox to authorize staff to proceed with the selection of GIS software /hardware and obtain quotes from vendors. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Klassen to support the Dakota County Project #73 -08 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 3, 1992 MOTION by Klassen to support the Dakota County Project #73 -08 (County Road 73 /Akron Avenue) for completion in 1995 with funding to come from other sources other than City funds or assessments to property owners and to continue to support funding for the project through an agreement with Koch Industries. SECOND by McMenomy. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by McMenomy to establish the Town Meeting for 1992 on December 16, 1992 at 7:00 p.m. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. City Engineer Osmundson updated council on deterioration problems with 126th Street and Biscayne Avenue in the White Lakes Acres addition. Braun Intertec was hired to complete a sub surface investigation for these two streets and was asked for their recommendations to correct the problems. Braun's recommendation was to just remove the distressed pavement and repair in a normal construction sequence. Osmundson advised that he will update City Council in the spring on the street conditions and the condition of the repairs that were made this year and advise of the work that has to be done. MOTION by Wippermann to authorize the Planning Department to obtain quotes from planning consultants to update the City's Flood Plain section of Ordinance B. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. City Administrator Jilk briefly reviewed the memo from the League of Minnesota Cities regarding their recent re- organization. MOTION by Willcox to adjourn. SECOND by Staats. Ayes: 5. Nays: 0. Meeting adjourned at 11:00 p.m. Respectfully submitted, ATTEST: Step ;:n Jilk, g'a'ty Administrator eborah Widstrom, Recording Secretary 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 17, 1992 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 17, 1992 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present. Staff present were: Aker, Freese, Jilk, Knutsen, May, Osmundson, Walsh and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy led the group in the Pledge of Allegiance. There were no additions to the agenda. Item 4.e, Animal Control Agreement was pulled for discussion from the Consent Agenda. Administrative Assistant Susan Walsh introduced the representatives from the Rosemount Middle School Student Council. Gail Messenger and Sara Tieri presented a banner to City Council with signatures from 95% of the students giving their support and pledge to stay chemical free. National Chemical Health Week involved students with drug and environment awareness and was supported by the D.A.R.E. Program with Officer Robideau. The Mayor expressed his thanks and said it was a pleasure to hear from the youth. Finance Director Jeff May reviewed interim financial designed to be used as a financial tool to help with These reports allow Council to get a general idea of condition of the City Funds and will be continued on basis. reports planning. the a quarterly City Administrator Stephan Jilk displayed site plans of the proposed flight patterns for the airport relocation. Three selections were south west of Hastings and four were north of the Vermillion River. Several Dakota County cities are extremely concerned with Metropolitan Council on these siting plans. The selection process shows a lack of cohesiveness and leaves no opportunity for local input. See Clerk's File 1992 -47. Councilmember Klassen noted a meeting November 30, 1992 at the Farmington Extension Services Office at 7:30 p.m. for the purpose of informing property owners who may face their land being used for this airport. Professor Ann Berkhart from the U of M will explain the rights for property owners, explain noise easements, and discuss the available funds for sound proofing of homes. Kevin Carroll, representing S.O.A.R., "Stop Our Airport Relocation explained that the legislature started the Dual Track Process and the legislature has the power to stop it. A Public Hearing will be held on Dec. 15, 1992 at the Rosemount High School which will need a large percentage of resident participation to make an impact. Carroll noted Rosemount is very fortunate to have Steve Jilk on the siting committee to represent these views. Sheila Klassen has also been very active. Klassen had been asked to speak at the National League of Cities Conference in New Orleans in December. Klassen is unable to be ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 17, 1992 there so Administrator Jilk will be speaking in her place. This is quite an honor to be on the cutting edge of city planning which involves growth management issues interacting with surrounding areas. This will bring national recognition for Rosemount, Minnesota. The Star City Program has begun a "Star Cluster" program for cities and counties that work with a cooperative attitude, avoiding a competitive attitude. MOTION by Wippermann to approve the Consent Agenda removing Item 4.e, Animal Control Agreement for discussion. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Mayor McMenomy called for a ten minute break at 8:30 p.m. The meeting was resumed at 8:40 p.m. The Dodd Road Improvements were reviewed by Public Works Director Ron Wasmund. A petition was received requesting the paving of Dodd Road from 132nd Street to 125th Street. Wasmund explained that paving through to 120th Street would be more appropriate from a city planning perspective. There are 58 properties that would be assessed. A survey was sent to all property owners; those responding indicated that 7 were in favor, 33 said no, and 5 were undecided. City Engineer Bud Osmundson reviewed three alternatives. One would be not paving the road, but have continued grading and erosion control of ditches. Another alternative would be the bituminous rural section which would include major alteration of the ditches and affect property owners trees, driveways, etc. The other alternative is the bituminous urban section which is the most expensive but allows for curb and gutter and would not require a major ditch alteration. Many property owners on Dodd Road were in attendance providing input for staff. Items noted were: excessive speed of traffic; high truck traffic; stop signs at all corners; many wetlands may cause use of the Stormwater Drainage Fund; it is now a safety hazard; priority grading and snow plowing requested; and one resident noted a toll booth could be installed to help pay for it. Wasmund advised that additional traffic from the Armory /Community Center would not occur if Dodd Road would no longer come out on Highway 3. Klassen asked residents to be sensitive to all the other residents that also live along gravel roads and have been scheduled for needed repairs or upgrades. Willcox summed up the requests: 1) a traffic study, 2) check into lowering the speed limit, 3) post no truck traffic signs, and 4) have a meeting with residents to explain the Storm Water Policy and the Road Assessment Policy. The petition was received before the new assessment policy was adopted. 2 1 Mayor McMenomy excused Council to the Closed Executive Session at 10:10 p.m. The meeting resumed at 11:30 p.m. Dakota County is asking the City to proceed with the local permitting of the Waste -To- Energy facility. Lisa Freese reviewed the current status of the Planning Review. See Clerk's File 1992 -47. MOTION by Willcox to authorize staff to proceed with the review process and staffing arrangements, with a different consultant firm than noted, everything else as outlined in the attached memo. Second by Staats. Discussion ensued. Staats withdrew his second. Willcox withdrew the motion. The motion was withdrawn. Mayor McMenomy requested this be postponed to the next meeting. MOTION by Willcox to adjourn the meeting. Second by Staats. Ayes: Willcox, Staats. Nays: Klassen, Wippermann, McMenomy. Motion failed. Councilmember Willcox left the meeting. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 17, 1992 Staff was directed to review consultant needs and this will be addressed at the November 24, 1992 Special City Council meeting. Berry Schade from Dakota County advised that in the interest of time and money use of the same consultant would be best. Planning Director Freese noted changing consultants will impact other projects because of the added work necessary. Berry Schade said Dakota County plans to move ahead with the incinerator. Site clean up will begin, the selling of bonds, updating the new board, then about mid March, 1993 building should begin. Wippermann and Klassen requested any new information from staff regarding the consultant prior to the November 24 meeting. Osmundson reviewed the East Side Utility Study contract. The Utilities Commission approved the firm of Bonestroo, Rosene, Anderlik and Associates at its November 9, 1992 meeting. MOTION by Klassen to award the contract for the Eastern Sewer and Water Studies to Bonestroo, Rosene, Anderlik and Associates. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. The City Newsletter /Newspaper Options discussion was tabled. Klassen noted that the Town Hall Meeting scheduled for December 16, 1992 at 7:00 p.m. will include the Chamber of Commerce. It should emphasize the positive events that have taken place in Rosemount like the "A" Bond Rating the city received and the arrival of the MVTA bus route. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 17, 1992 MOTION by Klassen to approve the work program for completion of the review and analysis of the Employee Compensation Program and the development of a compensation system for the City of Rosemount which will be consistent with state and federal law, general principals of equitable compensation and the City's financial resources and to direct the city administrator to request a proposal from Labor Relations, Inc. for its completion with the inclusions to reference a bargaining agent. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy to call a special Council meeting for November 24, 1992 at 8:00 p.m. to discuss the proposed 1993 Operating Budget and Levy. Second by Wippermann. Ayes: McMenomy, Klassen, Wippermann. Nays: Staats. Motion carried. MOTION by McMenomy to set a Special Council Meeting on the Comprehensive Guide Plan Update for December 14, 1992 at 7:00 p.m. Second by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: 0. MOTION by presented Second by Nays: 0. Klassen to support the Flood Plain Management concept in the draft text amendments dated November 12, 1992. McMenomy. Ayes: Klassen, Wippermann, McMenomy, Staats. See Clerk's File 1992 -47. MOTION by McMenomy to approve the Dispatching /911 Service Contract with the City of Eagan at a cost of $2.50 per capita in 1993 and $2.75 per capita in 1994, and to approve the expenditure of up to $3,000 for the cost of the change -over. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Klassen to authorize the fire department to spend up to $7,800 to engage the services of Emergency Apparatus Maintenance to repair the aerial truck with the understanding that this expenditure along with a previous authorization of $500 will put the fire department approximately $8,300 over budget for 1992. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: 0. Fire Chief Aker reported that about $20,000 has been spent this year on vehicle repairs. CIP Reserves will be used. MOTION by McMenomy to support the staff recommendation not to assume the administration of the Dakota County Street Numbering and Addressing Ordinance No. 51 and to authorize staff to notify the County. Second by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: 0. The Animal Control Agreement was tabled. The community is invited to attend the Christmas Tree Lighting Ceremony on November 27, 1992 at 6:30 p.m. at the Rosemount City Hall. Rosemount High School students will lead us in Christmas Carols followed by the tree lighting and refreshments. 4 1 1 MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: all. The meeting was adjourned at 12:25 a.m. ATTEST: Step ./:n Ji1k ty Administrator 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 17, 1992 Respectfully submitted, corA z/t Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING NOVEMBER 17, 1992 Note: This closed meeting will be inserted when the litigation for McDonough /Sunrise case is complete. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 24, 1992 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Tuesday, November 24, 1992, at 8:00 p.m. in the Council Chamber at City Hall. Mayor McMenomy called the meeting to order with Willcox, Klassen, Staats and Wippermann present. City Attorney Miles was absent. Staff present were Jilk, Walsh, Wasmund, Freese, Knutsen, May, Bechtold, and Aker. The Mayor led the group in the Pledge of Allegiance. The purpose of the special meeting was to discuss the 1993 Operating Budget with Council input and public input. The agenda also included the Dakota County Incinerator Review Process and a review of some legal services. City Administrator Jilk introduced the Dakota County Incinerator Review Process which would require a consultant firm to proceed with the local permitting. Jilk presented a letter from Jeff Connell of Resource Strategies Corporation showing its qualifications in waste management and its familiarity with the Dakota County project. City staff along with Dakota County staff would recommend the use of Resource Strategies Corporation. Mayor McMenomy and Councilmember Willcox expressed hesitations with this firm. Councilmember Staats noted that Dakota County is paying for these consultant fees and also paying for the City of Rosemount's staff time involved with the incinerator project. MOTION by Wippermann to authorize City staff to proceed with the process to continue review of the Dakota County Resource Recovery project and the necessary consulting and staffing arrangements as outlined in the staff memo from Planning Director Freese and Public Works Director Wasmund dated November 13, 1992. Second by Staats. Ayes: Wippermann, Staats, Klassen. Nays: McMenomy, Willcox. Motion carried. Mayor McMenomy expressed concerns over the quality of services of the legal firm Fluegel, Moynihan and Miles regarding the McDonough /Sunrise litigation. MOTION by McMenomy to reconsider payment for legal services rendered from Fluegel, Moynihan and Miles, P.A. until settlement of the McDonough /Sunrise litigation. Second by Willcox. Ayes: McMenomy, Staats, Willcox. Nays: Klassen. Wippermann voted present. Motion carried. The Hampton Broback condemnation issue was tabled until legal advise can be obtained. Administrator Jilk reviewed the budget process to this time. The Preliminary Budget was set September 9, 1992. Changes are being incorporated into the document that will make it more readable and easier to understand. The wage freeze motion was defeated 1 ROSEMOUNT CITY PROCEEDINGS :SPECIAL MEETING NOVEMBER 24, 1992 and now Labor Relations, Inc. has been hired to help negotiate and do a comparison study for city employee's salaries and benefits. The final budget public hearing will be December 10, 1992 at which council and residents can still make changes. Willcox noted that the budget has caused a 5.5% increase to property owners. Jilk clarified that this increase is due to the tax formula used by the State of Minnesota impact the homes that are valued at $60,000 to $115,000. The increase for these homes are between $12.00 and $28.00 for the year. Homes valued above this have no increase or actually incur a decrease in taxes. Dakota County has not made any information on the commercial tax rates available yet. Mayor McMenomy led the Council through a line -by -line review of the 1993 CIP Budget Worksheet. The consensus of the Council was to cut an additional $150,000 to obtain a 5% decrease in spending from the presently proposed budget. Questions and answers by Council, staff and residents aided in the cutting of an additional $97,875. Council felt this was very much a "bare bones" budget and felt city services would be hampered if any more was reduced. See Clerk's File 1992 -48. Marie Jensen, 14325 Cameo Avenue, noted that in the future, further development of Rosemount's industrial base may bring needed relief and added funds to the budget without an increase to the residents. MOTION by McMenomy to adjourn. Second by Willcox. All in favor. The meeting was adjourned at 10:35 p.m. ATTE S ep.4 n Jilk, ¢'t Administrator Respectfully submitted, Linda Jentink, Recording Secretary 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 1, 1992 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 1, 1992, at 7:30 p.m., in the council chambers at City Hall. Acting Mayor Willcox called the meeting to order with Councilmembers Staats and Klassen present. Mayor McMenomy and Councilmember Wippermann were absent. Acting Mayor Willcox led the group in the Pledge of Allegiance. Acting Mayor Willcox recognized scouts from Boy Scout Pack 295 who were in attendance at the meeting. The agenda was amended to include Item 6(a) Approval to Amendments to Loan Agreement Koch Refining. MOTION by Klassen to approve the Consent Agenda. Second by Willcox. Ayes: Willcox, Staats, Klassen. Nays: 0. See Clerk's File 1992 -49. Council reviewed the Animal Control Agreement between the City and Animal Warden Greg Goldsworthy for 1993. Police Chief Knutsen advised that because Mr. Goldsworthy will be providing his own liability insurance, there will be a savings of $200 as compared to the 1992 contract. See Clerk's File 1992 -49. MOTION by Staats to approve the Animal Control Agreement for 1993. Second by Klassen. Ayes: Staats, Klassen, Willcox. Nays: Mary Dyrseth presented for Council consideration a resolution approving the execution of a First Supplemental Indenture and First Amendment to a Loan Agreement regarding Koch Refining 1984 Pollution Control Revenue Refunding would be responsible for all costs involved in this transaction. See Clerk's File 1992 -49. MOTION by Klassen to adopt A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF THE FIRST SUPPLEMENTAL INDENTURE AND FIRST AMENDMENT TO LOAN AGREEMENT IN CONNECTION WITH POLLUTION CONTROL REVENUE REFUNDING BONDS, (KOCH REFINING COMPANY PROJECT) SERIES 1984. Second by Staats. Ayes: Klassen, Willcox, Staats. Nays: 0. MOTION by Staats to adjourn. Second by Willcox. ayes: willcox, Staats, Klassen. Nays: 0. ATTEST: ii Harry Acting Mayor Respectfully syTbmitted, san V Walsh, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 7, 1992 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, December 7, 1992, at 7:00 p.m. in the Council Chamber at City Hall. Acting Mayor Wippermann called the meeting to order with Councilmembers Willcox, Klassen, and Staats present. Also City Administrator Stephan Jilk was present. The purpose of the special meeting was to discuss active litigation regarding the purchase of the Sunrise Builders property. MOTION by Wippermann to go into Executive Closed Session to discuss the McDonough /Sunrise Builders case. Second by Klassen. Ayes: Willcox, Klassen, Staats, Wippermann. Nays: 0. The Council then went into Executive Session. They reconvened the Special meeting at 8:06 p.m. Motion by Wippermann to adjourn. Second by Willcox. All in favor. The meeting was adjourned at 8:10 p.m. ATTEST: Respec fully submi Dennis Wippermann, A ting Mayor S eph. Jilk, C, y Administrator 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING DECEMBER 7, 1992 Note: The minutes for this meeting will be inserted when litigation is complete for the McDonough /Sunrise case. Pursuant to due call and notice of the City Council of the City Thursday, December 10, 1992, at at City Hall. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 10, 1992 5:30 P.M. thereof a special closed meeting of Rosemount was duly held on 5:30 p.m. in the Council Lounge Mayor McMenomy called the meeting to order at 5:40 p.m. with Councilmembers Willcox, Klassen, Staats and Wippermann present and City Administrator Stephan Jilk. The meeting recessed for an 8:00 p.m. public hearing on the 1993 Budget, then reconvened at 10:10 p.m. The purpose of the special meeting was to discuss the performance evaluation of the City Administrator. Mayor McMenomy indicated he had concerns about Steve Jilk's performance. He felt it was appropriate to have City Council and Mr. Jilk discuss these concerns openly. Council needs to focus on issues so Steve and staff can work on issues. Council needs to set goals and give directives for Steve to work on. The Mayor indicated that lack of council consensus and direction makes it very difficult for staff and the city administrator. The Mayor said his concerns were very specific and had a lot to do with lack of follow up by Jilk. McMenomy mentioned several issues; a meeting with owners of the Mobile Home Park on September 30, 1992 not followed up on; USPCI project by Ron Wasmund not followed up on; lack of follow up on the Mosquito Control District land use matter; the Condo project and two matters relating to it; David Strese's request for information on drilling a well no follow up on; work attire worn by staff in City Hall and the "messiness" of some offices in City Hall. McMenomy also suggested staff is busy but not necessarily productive. Are some employees re: Ron Wasmund and Lisa Freese qualified? Council and the City Administrator discussed these issues. Councilmember Willcox noted several concerns: Poor follow up and timeliness of completed payments on Hawkins Pond appeals Ron Wasmund hard position on the use of space in the Rosemount Mall and indicated he (Willcox) had called the State Fire Marshall to discuss this Highway 3 business relocations no information to Council on this Rich Lonnquist Employment status, no feedback to Council Length of meetings too long, not good for Council or staff Staffing level is too high, state level of 54% of budget should be met Lisa Freese Mr. Willcox suggested he had City Administrator write a deficiency report. She creates problems with developers and should be disciplined Better follow up to Council on Port Authority matters Council and the City Administrator discussed these issues. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 10, 1992, 5:30 P.M. Councilmember Klassen noted that she understands staff City Administrator need to respond in a timely manner, is burdened with an excessive work load. City Council less condemning of staff. A positive support of staff to better performance. Councilmember Wippermann feels positive about staff. Staff has to be the "front lines" with developers and special projects. Council should be more supportive of staff. City Council must communicate with staff and discuss matters before going public with disagreements and issues. City Council and the City Administrator discussed these issues. The City Administrator brought up the Mayor's discussion with him on November 18, 1992 and concerns about issues raised in the community and possible need for the City Administrator to leave. Mayor McMenomy discussed this and potential severance payment to the City Administrator. Councilmember Willcox agreed that he discussed a potential severance package but denied discussing or agreeing to a specific severance package. City Council and the City Administrator discussed this. Mayor McMenomy indicated that he was of the opinion that he wanted to have the City Council work together with the City Administrator to "turn things around" and he felt if everyone would work together it could be turned around. The City Council and City Administrator Jilk agreed to meet again on February 1, 1993 at 6:00 p.m. to continue these discussions and to discuss progress being made. MOTION by McMenomy to adjourn. Second by Willcox. All in favor. The meeting was adjourned at 11:25 p.m. ATTEST: ks fvUze t E.B. McMenomy, Mayor Respe, tfull subm_ted, Step ..n Jilk, I Administrator 2 and the but staff should be will lead ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 10, 1992, 8:00 PM 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 10, 1992, at 8:00 p.m. in the Council Chamber at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Klassen, Staats and Wippermann present. City staff present included Fire Chief Scott Aker, Public Works Director Ron Wasmund, Administrative Assistant Sue Walsh, Finance Director Jeff May, Parks Recreation Director Dave Bechtold, Police Chief Lyle Knutsen, City Administrator Steve Jilk and Planning Director Lisa Freese. Mayor McMenomy led the group in the Pledge of Allegiance. The Public Hearing for the 1993 City of Rosemount Budget was opened by Mayor McMenomy. City Administrator Stephan Jilk presented the 1993 Budgets. The Preliminary 1993 Budget was approved by City Council on September 9, 1992. Figures from this proposed budget was what Dakota County used to calculate tax amounts to residents. These figures were lowered by City Council action after further review lowering these estimated residential tax figures by about one third for the city share of the taxes. See Clerk's File 1992- 52. Mayor McMenomy requested comments from the audience. Several residents responded with questions or viewpoints. Marlin Rechtzigel had questions on the Operating Budget's recycling costs which were explained by Mr. Jilk. Deanna Simpson, 3534 Upper 143rd Street, a Parks Recreation Committee member and is head of the Community Flower Garden, noted that recent budget cuts drastically affected the Parks Master Plan and the enthusiasm of the volunteers involved. Mayor McMenomy responded that Council is not abandoning the Parks Master Plan. Cuts were major, but for the long range plan the Parks Master Plan will be supported. Willcox justified the shift of funding to the Fire Department from the Parks and Recreation budget as they have needs that affect public service for fire safety. Marie Jensen, 14325 Cameo Avenue West, asked for clarification on some of the charges for services such as user fees, plan reviews, specifically on fees from U.S.P.C. I. Jilk advised that one third of the U.S.P.C. I. income goes into the General Operating Fund. Don Sinnwell, 3691 147th Street West, a member of Taxpayers for a Responsible Budget, expressed appreciation to the Council for the work and cooperation extended to this community group. Sinnwell felt the educational expenses should not be included in the Council Budget. Sinnwell noted the need for City Council to ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 10, 1992 8 PM make it a priority to get a arena manager for the Community Center as soon as possible. Mayor McMenomy explained that funding for the arena manager position is in existing Armory Funds. Jilk noted that until an "opening date" can be considered firm, bookings should not begin. Jilk estimated hiring of an arena manager would be six months prior to completion or about June, 1993. Kevin Carroll, 3325 127th Street West, was concerned about the negative comments at prior meetings and about a employee wage freeze and proposals. Carroll has worked with city staff on the airport relocation issue and said from his experience with staff he has been impressed by the competence and dedication shown. Carroll would not like to see staff demoralized by the underlying thought of a wage freeze or think of having to retrain and update new staff on subjects which have been ongoing for years. Cost cuts have to be made, but not in personnel. The human element has to be handled differently than trucks or supplies. The community must continue a cooperative approach, and city staff needs more recognition for jobs well done. In the future, more creativity will be needed in the budget for common interests and self interest groups; or items will have to be put on the side so what is best for Rosemount can be accomplished. Administrator Jilk thanked city staff for the time and effort all have put into the budget process since it started in April. Finance Director Jeff May did an excellent job on the newly created format and graphs. Thank you Jeff for all good work and additional hours it required. Jilk thanked the Taxpayers for a Responsible Budget group for their input and concern. Also, Jilk thanked the City Council for the many additional meetings and work required. Marge Ryan, a member of the Taxpayers for a Responsible Budget, noted her concern was for the older people and the young poor people since they are the hope for the past and the future of Rosemount. Lucy Holzer, 15614 Cornell Trail, noted she was pleased with the progress of the budget and felt that the business owners and city staff were cooperating. Holzer thanked Administrator Jilk and the City Council and said, "We are on the right track." Lee Knutson, 3310 144th Street West, said the CIP Budget cannot be cut any further without shortfalls happening soon in the future. Mr. Knutson expressed concern that tough cut backs like this year's cannot continue without harm to long range programs. MOTION by Mayor McMenomy to close the public hearing for the 1993 Budgets. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Each Councilmember was asked to comment. 2 Councilmember Willcox noted he was opposed to the hiring of a Engineering Aide. Willcox would rather contract a person and receive approval from the Utilities Commission. Willcox suggested holding all departments next year to a 5% increase, review the CIP Budget, and invite a true partnership with the business community and City Council. Willcox predicted the next ten years will be tough, but with cooperation and the old teaching the young, the best can be done for Rosemount. Mayor McMenomy noted that a good foundation has Budget; it is more readable and informational. appreciated the good comments from the audience. community is working well together and concerns respectfully, honestly and then dealt with. Councilmember about holding be premature, Councilmember presented and ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 10, 1992 Staats felt the 1993 Operating Budget was very workable. been set for the McMenomy It shows the can be raised Klassen agreed with the Mayor, but had concerns departments to a 5% increase in 1994. This would and she could not support it. Wippermann felt comfortable with the 1993 Budget as thanked the residents for their valuable input. MOTION by Willcox to approve A RESOLUTION APPROVING THE 1993 GENERAL FUND OPERATING BUDGET, THE 1993 C.I.P. BUDGET AND THE 1993 LEVY REQUIRED BY THE CITY OF ROSEMOUNT. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Klassen to approve A RESOLUTION LEVYING A TAX FOR CONSTRUCTION OF A STATE ARMORY BUILDING. Second by McMenomy. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Willcox to approve A RESOLUTION APPROVING A SPECIAL TAX LEVY FOR FUNDING OF AN ARMORY. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Motion by Willcox to adjourn. Second by McMenomy. All in favor. The meeting was adjourned at 9:37 p.m. ATTES Stephan Jilk, ity Administrator Respectfully submitted, o 4 <J Linda Jentink, Recording Secretary 3 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 14, 1992 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Monday, December 14, 1992, at 7:00 p.m. at the Rosemount Fire Hall at 14425 Brazil Avenue. Mayor McMenomy called the meeting to order at 7:00 p.m. with Councilmembers Willcox, Klassen, Staats and Wippermann present. Also present were City Administrator Stephan Jilk, Economic Development Coordinator John Miller, Planning Director Lisa Freese, Planning Assistant Rick Pearson, Port Authority members: Bill Mawe, Joan Anderson, and Ed Dunn; Planning Commissioners: Al Meyer, Jay Baago, and Cathy Busho; and Parks and Recreation Committee member Jerry Puciaty. City Consultant Fred Hoisington and City Attorney Shawn Moynihan assisted in presenting the Comprehensive Guide Plan. Several other residents and interested people attended the meeting. Mayor McMenomy lead the group with the Pledge of Allegiance. Planning Director Lisa Freese noted that the purpose of the special meeting was to discuss the final draft of the Comprehensive Guide Plan and obtain recommendations from City Council. Director Freese reviewed the Residential PUD for the Kelley Trust property. Fred Hoisington explained many of the details and answered questions. MOTION by McMenomy to support the Residential Planned Unit Development with noted changes for inclusion to the Comprehensive Guide Plan. Second by Staats. Ayes: Klassen, Staats, Willcox, Wippermann, McMenomy. Nays: 0. Attorney Moynihan noted that a Public Hearing would be necessary prior to formal adoption of the Guide Plan. Fred Hoisington reviewed the "Mixed Use Planned Unit Development" concept. MOTION by McMenomy to support the PUD Mixed Use in the Comprehensive Guide Plan but to remove the last two sentences in paragraph three referring to TIF eligibility. Second by Wippermann. Ayes: Staats, Willcox, Wippermann, McMenomy, Klassen. Nays: 0. Director Freese reviewed the policies section of Chapter 4 of the Comprehensive Guide Plan. MOTION by McMenomy to support the Agriculture Area policies of the Comprehensive Guide Plan with a 1/10 density. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Klassen, Staats. Nays: 0. MOTION by McMenomy to support the Conservancy Areas policies of the Comprehensive Guide Plan. Second by Klassen. Ayes: Wippermann, McMenomy, Klassen, Staats, Willcox. Nays: 0. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 14, 1992 MOTION by McMenomy to support the Housing and Neighborhoods policies of the Comprehensive Guide Plan with the table of Residential Density Summary for Year 2010 showing the percentage of Single Family at 80 Multi- Family at 17% and Mobile Homes /Other at 3 Second by Klassen. Ayes: McMenomy, Klassen, Staats, Willcox, Wippermann. Nays: 0. MOTION by McMenomy to support the Public and Institutional Plan policies of the Comprehensive Guide Plan. Second by Klassen. Ayes: Klassen, Staats, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Klassen to support the Commercial Area policies of the Comprehensive Guide Plan removing the last two sentences from the first paragraph under the sub -title Plan Elements and under the sub -title Policies, number seven, change the word "provide" to "insure" regarding parking. Second by Willcox. Ayes: Staats, Willcox, Wippermann, McMenomy, Klassen. Nays: 0. MOTION by McMenomy to support the Industrial Areas policies of the Comprehensive Guide Plan with the following clarifying the description of the "Pine Bend" area and removing the phrase following the word "fashion" in item three of the sub -title Objectives. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Klassen, Staats. Nays: 0. MOTION by McMenomy to support the Waste Management policies of the Comprehensive Guide Plan. Second by Wippermann. Ayes: Wippermann, McMenomy, Klassen, Staats, Willcox. Nays: 0. Director Freese and Planning Commissioner Baago reviewed the Islamic Community Cemetery proposal. A representative from the Islamic Community said the northern portion would be available to the city for easement at no cost. The cemetery would be developed in phases with burials starting in 1996 or 1997. future phases would be developed after the year 2000. the site will provide for the Islamic Communities burial needs for several hundred years. MOTION by Willcox to redesignate the parcel considered by the Islamic Community from Urban Residential to Public land use on the Comprehensive Guide Plan Land Use Map. Second by Staats. Ayes: Klassen, Staats, Willcox, Wippermann. Nays: 0. Abstain: McMenomy. Motion carried. Public Works Director Ron Wasmund reviewed the Mosquito Control Commission Facility proposal. Richard Gager, consulting engineer working in the seven county area, noted how other cities have dealt with similar facilities. Gager said the closing for the land is planned for March of 1993 and Mosquito Control Commission would agree to hook up to sewer when it is made available. 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 14, 1992 MOTION by Willcox to have the Comprehensive Guide Plan public hearing by February 15, 1993 and go ahead with a Minor Comprehensive Guide Plan Amendment. Second by Staats. Discussion followed. Motion was withdrawn by Willcox and second withdrawn by Staats. MOTION by Wippermann to support the Mosquito Control Commission Facility redesignation from Agricultural to Industrial conditional on connecting with sewer when it is available. Second by Willcox. Ayes: Klassen, Staats, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by McMenomy to recommend to have staff proceed with a Minor Comprehensive Guide Plan Amendment relating to the parcel requested by the Mosquito Control Commission after the Comprehensive Guide Plan Public Hearing. Second by Staats. Ayes: Staats, Willcox, Wippermann, McMenomy, Klassen. Nays: 0. Councilmembers Willcox and Staats left the meeting at this point in time. Director Freese said the land use designation for CMC Heartland Partners proposal would change from Industrial to Residential for the 103 acre parcel which is included in the present MUSA estimations. MOTION by McMenomy to support the land use designation for the CMC Heartland Partners proposal as Residential. Second by Wippermann. Ayes: Wippermann, McMenomy, Klassen. Nays: 0. Motion carried. MOTION by McMenomy to support a Urban Residential land designation for the Chicago Northwestern Property residential development proposal. Second by Klassen. Second by Klassen. Ayes: Wippermann, McMenomy, Klassen. Nays: 0. MOTION by McMenomy to support the redesignation of the northeast corner of Biscayne Avenue and CSAH 42 to Urban Residential from Industrial Park. Second by Wippermann. Ayes: McMenomy, Klassen, Wippermann. Nays: 0. Motion Carried. MOTION by McMenomy to adjourn. Second by Klassen. All in favor. The meeting was adjourned at 11:05 p.m. Step n Jilk, %ity Administrator Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1992 -53. 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1992 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 15, 1992 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, and Staats present. Klassen was absent. Staff present were: Aker, Freese, Jilk, Knutsen, May, Osmundson, Walsh and Wasmund. Also in attendance was City Attorney Shawn Moynihan. Mayor McMenomy led the group in the Pledge of Allegiance. Additions to the agenda included 3.c Parking Signs for High School Ron Jacobson; 3.d Introduction of John Thomas from Americinn; Consent 4.m Set Special Council Meeting on Comprehensive Guide Plan; and 8.b Commission Selection Process. Mayor McMenomy introduced resident Ron Jacobson, 3647 143rd Street West, who requested that the no parking signs in front of his house be removed and indicated that in talking with his neighbors they also felt the signs were not needed this distance from the high school. Discussion followed on enforcement of the no parking signs and cost and liability issues. MOTION by McMenomy to remove the no parking signs west of Chili Avenue on 143rd Street, Upper 143rd Street and 144th Street, other than at the entrance of each street. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Willcox. Nays: 0. Mayor McMenomy introduced Mr. John Thomas, a representative of the Americinn motel chain. Thomas met with the City Economic Development Coordinator John Miller whom he felt was a good advocate for Rosemount, regarding locating a motel in Rosemount. Thomas plans to attend some city meetings to get a feel for the people and community. Councilmember Wippermann said he has had occasion to stay at Americinn, and they were very nice facilities. City Engineer Bud Osmundson reviewed the Wetland Conservation Act discussing the impact it will have on the City. Protection and replacement of all wetlands will be required. There will be a public hearing on January 17 at 1 p.m. and 7 p.m. at the Minnesota State Office Building. Staff and City Council are encouraged to attend as it will be informational. Greg Larson from BWSR and Barb Ohman from Dakota County Conservation are the contacts for wetland information. Public Works Director Ron Wasmund explained the teleconference on the Safe Drinking Water Act scheduled for January 15. This video teleconference is specifically about the lead /copper rules and how they affect cities and public water suppliers. Rosemount has passed all testing. Please register with Mr. Wasmund prior to January 5, 1993 if you would like to attend. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1992 MOTION by McMenomy to approve the Consent Agenda with the addition of setting a special meeting for January 7, at 7:00 p.m. Second by Staats. Ayes: McMenomy, Staats, Willcox, Wippermann. Nays: 0. See Clerk's File 1992 -54. Councilmember Willcox thanked staff and asked the record to show that the Hawkins Pond Assessment refund checks approved in the Consent Agenda were 45 days beyond the due date. Chuck Rickart, Traffic Engineer for OSM, reviewed the Connemara Trail Dallas Avenue traffic investigation. A petition was presented to Council on November 3, 1992 from residents to install a stop sign for safety. Councilmember Wippermann noted that because of the dip and curve it is difficult to see approaching cars at the intersection of Shannon Parkway and Connemara Trail. However, the City's policy has been to follow the guidelines from the Manual on Uniform Traffic Control Devices which is used by Federal and State Traffic Agencies. This code directs staff that a stop sign is not warranted but that a "Blind Intersection" sign east of Delta Avenue would warn motorists of the Dallas intersection. A further traffic study of Connemara Trail with a traffic count and sight lines considered is in process. MOTION by Willcox to direct staff to place a "Blind Intersection" sign on Connemara Trail east of Delta Avenue warning motorists of the Dallas Intersection. Second by Staats. Ayes: Staats, Willcox, Wippermann, McMenomy. Nays: 0. Administrative Assistant Susan Walsh introduced Cy Smythe from Labor Relations Associates, Inc. Staff has requested Consultant Smythe to help develop an employees' salary and benefit package. Mr. Smythe noted that because of the American Disability Act job descriptions must be identified so employment opportunities can be determined. Mr. Smythe reviewed his proposal for the development of a new employee compensation program. Mr. Smythe explained how standards of performance are used to measure activity. A single pay system is now used in several cities of which Golden Valley is one. MOTION by Willcox to approve the proposal received from Labor Relations Associates, Inc. for the development of a compensation system at a cost of $6,100 and for the development of Performance Standards and Evaluation System at a cost of $5,100 with the funding to be expended from the accounts recommended by the Administrative Assistant. Second by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats. Nays: 0. See Clerk's File 1992- 54 Mayor McMenomy requested that consideration of a newspaper /newsletter be tabled to a work session meeting when more information is available. Staff agreed but requested direction from Council. 2 1 MOTION by Wippermann to direct staff to review, in more detail the option of re- establishing the production of a City Newsletter and designation of an official newspaper for 1993, bringing cost estimates to Council on January 5, 1993. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Willcox. Nays: 0. Planning Director Lisa Freese recommended Rowekamp Associates for consultant on the Geographical Information System (GIS) being purchased for 1993. MOTION by McMenomy to approve the GIS consultant, equipment and training package for a total amount of $23,555 to be funded as recommended by staff. Second by Staats. Ayes: McMenomy, Staats, Willcox, Wippermann. Nays: 0. See Clerk's File 1992- 54. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1992 Planning Director Freese reviewed the progress on the Hampton Development Corporation condemnation. City Attorney Moynihan recommended that the City Council proceed to clearly set the need of public purpose for the condemnation to development city streets and utilities in this development. This would require Council to rescind the motions from the November 3, 1992 City Council meeting. MOTION by Willcox to rescind the motions of November 3, 1992 whereby it authorized condemnation proceedings on the land in question that was to be utilized in developing residential lots by Hampton Development Corporation. Second by McMenomy. Ayes: Staats, Willcox, Wippermann, McMenomy. Nays: 0. Gary Berquist of the Hampton Development Corporation, noted that to qualify for a 429 Project the City had set a February 1, 1993 deadline. Staff and City Council assured Mr. Berquist this deadline would be changed to allow Hampton Development to qualify. MOTION by Willcox to have staff and legal counsel to return to the January 5, 1993 City Council meeting with all necessary information and documents to proceed expediently with the Hampton Development Condemnation. Second by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Willcox directing the Planning Staff and Public Works Director Wasmund to extend the February 1, 1993, deadline for a 429 Project with Hampton Development Corporation impacting this land use development. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Willcox. Nays: 0. Mayor McMenomy called for a ten minute recess at 9:20 p.m. City. Engineer Osmundson received a petition from concerned residents regarding the safety for children living on Shannon Parkway north of Connemara Trail. Staff noted a speed study was done in 1989 which set the speed at 40 mph, but that a new speed ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1992 study is recommended and that staff will look into the need for stop signs on Shannon Parkway at Current Circle and 137th Street. MOTION by Willcox to adopt A RESOLUTION REQUESTING THE COMMISSIONER OF TRANSPORTATION TO CONDUCT A SPEED STUDY FOR SHANNON PARKWAY FROM CONNEMARA TRAIL TO MC ANDREWS ROAD (COUNTY ROAD 38). Second by McMenomy. Ayes: McMenomy, Staats, Willcox, Wippermann. Nays: 0. Administrative Assistant Susan Walsh presented the 1993 Fees and Rates Resolution for consideration. Public Works Director Wasmund referred to a study by TKDA Engineering Consultants in 1989 showing Rosemount's charges in the top third of surrounding cities. Discussion followed. Director Wasmund was requested to complete a comparative study for connection charges of surrounding cities. MOTION by Willcox to approve A RESOLUTION ESTABLISHING THE SCHEDULE OF RATES AND FEES FOR 1993 with the exception of the connection fees and the Septic Maintenance Inspection Fee of $40 which will not be initiated until the City adopts Dakota County Rule 113 Resolution. Second by Wippermann. MOTION by Willcox to amend the above motion as follows: To approve A RESOLUTION ESTABLISHING THE SCHEDULE OF RATES AND FEES FOR 1993 with the exception of the connection fees thereby retaining the 1992 Connection Fees and the Septic Maintenance Inspection Fee of $40 will not be initiated until the City adopts Dakota County Rule 113 Resolution. Second by Wippermann. Ayes: Staats, Willcox, Wippermann, McMenomy. Nays: 0. Poll of Council for original motion: Ayes: Willcox, Wippermann, McMenomy, Staats. Nays: 0. Administrator Jilk received notice that the City will receive a larger than expected payment of Local Government Aid (LGA) from the State. The League of Minnesota Cities has advised cities to hold this amount until the 1993/1994 LGA is determined in case of a shortfall. MOTION by Wippermann to apply the additional State Aid payments to be received in 1992 to the General Fund Reserve. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Willcox. Nays: 0. MOTION by McMenomy to thank Diana Korpela and other City staff for their efforts in managing the City's insurance and loss control program which provided for the $21,733 return in premium. Second by Staats. Ayes: McMenomy, Staats, Willcox, Wippermann. Nays: 0. MOTION by Willcox to adopt A RESOLUTION APPROVING ALL CITY COMMISSION AND COMMITTEE PER DIEM PAY effective January 1, 1993. Second by McMenomy. Ayes: Staats, Willcox, Wippermann, McMenomy. Nays: 0. 4 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1992 Discussion followed giving consideration for City Council to receive payment for special meetings. City Attorney Moynihan noted that this could not become effective until after the next city election if approved. Council did not have a consensus on this, so no action was taken. MOTION by Wippermann to request Councilmember Klassen to contact the persons recommended by Sam Garofalo to determine their availability to serve on the Dakota Alliance for Prevention and to appoint a candidate at the January 5, 1993 Council Meeting. Second by Willcox. MOTION by Wippermann to amend the above motion as follows: To request Councilmember Klassen to contact the persons recommended by Sam Garofalo, and Judy Lyndsey, to determine their availability to serve on the Dakota Alliance for Prevention and to appoint a candidate at the January 5, 1993 Council Meeting. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats. Nays: 0. Poll of Council for original motion: Ayes: Wippermann, McMenomy, Staats, Willcox. Nays: 0. MOTION by Staats to approve the rate of $1600 per year of service for the Fire Relief Association benefits for 1993. Second by Willcox. Ayes: McMenomy, Staats, Willcox, Wippermann. Nays: 0. MOTION by Wippermann to approve the employment of Ms. Wendy Foreman as an Assistant Program Director in the Recreation Department at the rate of $8.16 per hour starting December 16, 1992 until the end of March, 1993. Second by Willcox. Ayes: Staats, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by McMenomy to approve the continued employment of Rich Lonnquist as the Engineering Intern for up to 60 days in 1993. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats. Nays: 0. Administrator Jilk received nine applications for positions on City commissions and committees. These people will be contacted for interviews by Council on Saturday, January 23, 1993 beginning at 8:00 a.m. Administrator Jilk was notified by the Bureau of Mediation Services that a vote had been completed and the majority of city employees not now represented by a union and who are non supervisory employees and eligible to vote in regards to the formation of a union, had voted in favor of having ASFCME represent them. This is the third union representing a segment of city employees. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 15, 1992 MOTION by McMenomy to adjourn the meeting. Second by Willcox. All were in agreement, the meeting was adjourned at 10:30 p.m. ATTEST: t -pha Jilk, Citr1 Administrator Respectfully submitted, 6 Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1992 -54. 1 1 1 DECEMBER 15, 1992 WAS THE LAST MEETING HELD IN 1992 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, January 5, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Klassen, and Staats present. Councilmembers Wippermann and Willcox were absent. Staff present were: Aker, Freese, Jilk, Knutsen, Osmundson, Walsh and Wasmund. Also in attendance were City Attorneys Mike Miles and Shawn Moynihan. Mayor McMenomy led the group in the Pledge of Allegiance and Pastor Hall of St. John's Lutheran Church gave an invocation. Changes to the agenda included removing 5.f Designation of Official Newspaper and 5.r Goal Setting Schedule from the Consent Agenda and adding 5.0 Fire Station Committee Member Addition. Klassen requested discussion of the newspaper be included with 6. c City Newspaper /Newsletter and the Ringette Tournament be discussed with 10. a Armory Update. Kevin Carroll, representing S.O.A.R., discussed the trickle down effects of Northwest Airline's financial difficulties and the investment by Metropolitan Council's airport study. Legislative issues regarding the airport planning process are being evaluated with the help of State Representative Dennis Ozment. An attempt to introduce a bill to stop the airport process is being considered. There will be a retreat planned to work on this January 24, 1993 in Prior Lake for S.O.A.R. members. Councilmember Klassen attended a meeting November 30, 1992 given by the Minnesota Extension Services providing home, business, and farm property owners in the airport siting locations an understanding of their rights under condemnation. Ann Berkhart and Phil Parsons were speakers. Noise easements are a consideration for fly over problems which do affect the quality of life. Local governments would incur a loss of tax base due to the buffer zone Metropolitan Airport Commission (MAC) has required. However, businesses, ie. the airlines, could be taxed if located in that buffer zone. Potentially the University of Minnesota Rosemount business could be taxed also. Lt. Nevill from the U.S. Navy Base reported that the Navy Base will be closing June 1, 1997 because of technological advancements which reduce the need for operations the base provides. The Air Force now provides satellite control (GPS) which is very accurate. The Navy Base has been in Rosemount since 1964. Lt. Nevill will be excused from his duty June, 1993 and has hope of finding an interested tenant before he leaves. A phasing down will start immediately and final dismantling will be done by June, 1997. Lt. Nevill commented that the Navy Base has been a great duty station and Councilmember Klassen said they have been a good neighbor and will be missed by the community. The consulting architects from Arthur Dickey Associates, Steve Belmont and Mary Hustad with Anne Lundberg an interior designer, 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1993 presented the color and material selection recommended for the Armory /Community Center Project. The roof design has been changed to a flat roof rather than a sloping blue roof. A glazed blue brick would be a "focus point" for the exterior of the assembly hall joining the Armory to the Community Center. Council consensus was to see a more neutral color at that focus point such as the proposed dark brown brick with blue accents. The interior rooms will all be carpeted with coordinating wall color ranges in blue, grey and burgundy. The Banquet Hall will also have oak wood accents. Council requested this item be returned to the next City Council meeting for consideration. MOTION by McMenomy to approve the Consent Agenda as amended, including removing 5.f Designation of Official Newspaper and 5.r Goal Setting Schedule and adding 5.0 Fire Station Committee Member Addition. Second by Klassen. Ayes: McMenomy, Staats, Klassen. Nays: 0. Planning Director Lisa Freese reviewed the Hampton Development residential plat and the possibility of a condemnation for utilities. Freese recommended that condemnation not be used and Hampton agreed to submit a re- designed plat to the Planning Commission. Discussion followed. MOTION by Klassen to table action on the condemnation proceedings to enable Hampton Development to proceed with review of a redesigned preliminary plat. Second by Staats. Ayes: Staats, Klassen, McMenomy. Nays: 0. City Engineer Bud Osmundson has contacted the Minnesota Department of Transportation (MnDot) regarding Trunk Highway 3 near the Armory Project. MnDot has plans to improve Highway 3 from Highway 149 in Inver Grove Heights south to 147th Street with "mill and overlay" which will extend the road life an additional 5 to 10 years. Ron Bray from OSM Engineering, reviewed the recommended lane alignment from the Armory through the downtown area which would provide an opportunity to use the "streetscape" idea without a large investment. Staff will work with the Downtown Scoping Committee to explore this possibility. MOTION by McMenomy to adopt A RESOLUTION REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ON STATE TRUNK HIGHWAY NO. 3 IN ACCORDANCE WITH THE ARMORY /COMMUNITY CENTER PROJECT, CITY PROJECT 239. Second by Staats. Ayes: Klassen, McMenomy, Staats. Nays: 0. MOTION by McMenomy to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT FOR THE ARMORY SITE HIGHWAY 3 IMPROVEMENTS, CITY PROJECT 239. Second by Klassen. Ayes: McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy to adopt A RESOLUTION FOR APPROVAL OF THE ARMORY SITE HIGHWAY 3 IMPROVEMENTS, CITY PROJECT 239. Second by Klassen. Ayes: Staats, Klassen, McMenomy. Nays: 0. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1993 MOTION by McMenomy to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR ARMORY SITE HIGHWAY 3 IMPROVEMENTS, CITY PROJECT 239. Second by Klassen. Ayes: Klassen, McMenomy, Staats. Nays: 0. Mayor McMenomy called for a five minute break at 9:05 p.m. City Administrator Jilk explained the options available to provide better communication to the public. Councilmember Willcox contacted Administrator Jilk to advise Council that he would be uncomfortable with the Farmington Independent as the City's legal newspaper because it is not from the Rosemount area and would rather have the Dakota County Tribune as official paper. Mayor McMenomy noted that use of cable T.V. should be considered at this time and requested this item be tabled and proceed to set a workshop to consider all options. Council member Klassen related information from a survey in Lakeville which pointed out that printed material reaches about 700 of the public, cable T.V. only 30-40%. The goal that was top priority for 1992 was communication; with the Rosemount Town Pages requiring subscriptions, only a third of the households would now be reached. Administrator Jilk advised Council that a paper must be designated for 1993 by State statutes and a change would be possible if warranted after the workshop. MOTION by McMenomy to designate the "Farmington Independent" as the City of Rosemount Official Newspaper for 1993. Second by Klassen. Ayes: McMenomy, Staats, Klassen. Nays: 0. MOTION to table City Newspaper /Newsletter item until a work session can be set and direct staff to research additional information. Second by Klassen. Ayes: Staats, Klassen, McMenomy. Nays: 0. Councilmember Klassen contacted Sharon Peterson who seemed very eager to become a part of the Dakota Alliance for Prevention. Ms. Peterson has a degree in secondary education, has experience with teaching children in Washington, D.C., and currently is employed with 3M in the Government Contracts Department. Klassen requested staff to send a certificate of appreciation to Sam Garofalo for serving on that committee. MOTION by Staats to approve the appointment of Sharon Peterson to the Dakota Alliance for Prevention. Second by Klassen. Ayes: Klassen, McMenomy, Staats. Nays: 0. MOTION by McMenomy to accept the offer from the Rosemount Area Hockey Association to purchase a reconditioned Zamboni to be donated to the City for its use in the new Multi- Purpose Arena. Second by Staats. Ayes: McMenomy, Staats, Klassen. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1993 MOTION by Staats to authorize the Chief of Police to seek qualified police officer candidates from the Minnesota Police Recruitment System for the purpose of hiring one police officer to begin employment on or about April, 1993. Second by McMenomy. Ayes: Staats, Klassen, McMenomy. Nays: 0. MOTION by Staats to approve the full -time hiring of Mike Fricke as Building Inspector effective January 18, 1993 as outlined in the Public Works Director's memo dated December 30, 1992. Second by Klassen. Ayes: Klassen, McMenomy, Staats. Nays: 0. Public Works Director Ron Wasmund explained the reporting and administrating responsibilities for the mandated recycling for the City of Rosemount by the county. Funding has been applied for covering these expenses and staff recommends the "sharing" of a position with the City of Farmington for a Solid Waste /Recycling Specialist. Councilmember Klassen commended staff for the consolidation of services needed. MOTION by Klassen to enter into a Joint Agreement with the City of Farmington for a Solid Waste /Recycling Specialist position. Second by Staats. Ayes: McMenomy, Staats, Klassen. Nays: 0. MOTION by Staats to approve expenditure of up to $19,000 to purchase and equip a four -wheel drive utility vehicle. Second by Klassen. Ayes: Staats, Klassen, McMenomy. Nays: 0. Administrator Jilk noted the written report giving an update on the Armory /Community Center. Councilmember Klassen had concerns with the completion date of the arena in regard to the Ringette Tournament. Klassen is on a steering committee with the City of South St. Paul in conjunction with the International Ringette Tournament. Jilk indicated that this concern was recognized and staff is working with the PCL Contractors on changing priorities to make the finish date earlier. MOTION by McMenomy to proceed to the Council Lounge for a Special Closed Meeting regarding union negotiations for the Police Department. Second by Staats. All ayes. MOTION by McMenomy to adjourn the meeting. Second by Klassen. All were in agreement, the meeting was adjourned at 10:15 p.m. ATTEST; Respectfully submitted, (4-2- C0 -CC L C' Linda Jentink, ecording Secretary Stephayf Jilk, Ci4`y Administrator The City Council Agenda Packet is Clerk's File 1993 -1. 4 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 7, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Thursday, January 7, 1993, at 7:00 p.m. at the City Hall Council Chamber. Mayor McMenomy called the meeting to order at 7:00 p.m. with Councilmembers Willcox, Klassen, and Wippermann present. Also present were City Administrator Stephan Jilk, Planning Director Lisa Freese, Planning Assistant Rick Pearson, Parks Recreation Director Dave Bechtold, and Public Works Director Ron Wasmund; Port Authority Commissioner Joan Anderson; Planning Commissioners: Al Meyer, Kurt Gundacker, and Cathy Busho; and Utilities Commissioner Shawn Mulhern. City Attorney Mike Miles was also present. Mayor McMenomy lead the group with the Pledge of Allegiance. Planning Director Lisa Freese noted that the purpose of the special meeting was to discuss the Comprehensive Guide Plan and obtain recommendations from City Council. Director Freese presented the case of the Rhodes property zoning as directed by the Comprehensive Guide Plan. There is an opportunity to change it from Rural Residential (RR) to Urban Residential (UR). Zoning it UR on the Land Use Map and RR on the Zoning Map would provide the most flexibility allowing the property owner to change it when necessary without a Comprehensive Guide Plan Amendment. Council did not feel comfortable changing the land use designation without consulting the property owner and /or having a public hearing. Director Freese reviewed Chapter V, C. Public Facilities and Services, D. Environmental Protection, and E. Economic Development. Several small changes were made and discussion followed. The Implementation Plan of the Comprehensive Guide Plan was reviewed. Further comments, corrections, or recommendations were encouraged by staff. Staff indicated the sections to be added and where major editing was required. A discussion of the schedule for the completion of the final document and review process ensued. Mayor McMenomy noted his dissatisfaction with the length of time required for the completion of this document. Wippermann requested that all City Council members be given the final draft two full weeks prior to the meeting that the City Council sets the public hearing. Planning Director Freese said the Comprehensive Guide Plan is a high priority project, but the daily routine business must also be balanced with this project. The document will be presented to the Planning Commission first, then at the February 19th, 1993 City Council meeting if the Plan is acceptable, a Public Hearing can be set for March 8th or later, in order to meet the statutory notice requirements. 1 1 MOTION by McMenomy to adjourn. Second by Willcox. All in favor. The meeting was adjourned at 9:55 p.m. ATTEST: eph. Jilk, ty Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 7, 1993 Respectfully submitted, Linda Jentinkrding Secretary The City Council Agenda Packet is Clerks File 1993 -2. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, January 19, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Wippermann, and Willcox present. Staff present were: Aker, Freese, Jilk, Knutsen, Pearson, Osmundson, Walsh and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy led the group in the Pledge of Allegiance. Additions to the agenda included 3.b. Comment Cards Mr. Sinnwell; the following Consent Agenda Items were moved for discussion to 3.a. Cobblestone Lane Easement (4.r.), 7.b. Payment to Dakota County for Damages to Enright Property on C.R. 38 (4.$), 7.c. Confirmation of Indemnification (4.n), 7.d. Building Inspector Hiring Process (4.p); and 10.b. was added MPRS Litigation. Mark Geier, an attorney, presented easement agreements for Cobblestone Lane. City Attorney Miles has reviewed these documents. The agreements convey the necessary easements from each property owner to the City and from the City to the property owners for their driveways. MOTION by Staats to approve two Cobblestone Lane easement agreements as presented. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Mr. Don Sinnwell submitted a Comment Card to City Council for their review. This would be a way to have residents respond to the Mayor and Council on many different aspects of city services and involvement. This item will be placed on the next council meeting agenda for discussion. MOTION by McMenomy to approve the Consent Agenda as amended. Second by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. City Administrator Stephan Jilk explained the process for a referendum to consider the construction of a new fire station and acquisition of a new aerial truck. The recommended election day would be May 4, 1993. MOTION by Wippermann to adopt A RESOLUTION CALLING FOR A SPECIAL ELECTION TO CONSIDER THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE CONSTRUCTION OF MUNICIPAL BUILDINGS, THE REMODELING OF EXISTING BUILDING AND THE ACQUISITION OF EQUIPMENT. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Wippermann to adopt A RESOLUTION AFFIRMING INDEMNIFICATION OF CITY EMPLOYEE LEGAL FEES AND CLAIMS. Second by Klassen. Ayes: Wippermann, Klassen. Nays: Willcox, Staats. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1993 Abstain: McMenomy. Motion failed. (Please note further action at end of meeting.) Councilmember Willcox requested discussion on the hiring of a building inspector because he thought it would be better to wait to see the results of studies now being conducted on city employee structure and benefits. MOTION by Klassen to amend the hiring date of Mike Fricke as Building Inspector to be effective February 1, 1993 subject to a satisfactory pre employment physical and driver's license check and to extend the termination date of the agreement between Mr. Fricke and the City from January 16, 1993 to January 30, 1993. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: Willcox. City Engineer Bud Osmundson explained the contract the City had with Dakota County in 1986 which required the City to pay 45% of the cost of the County Road 38 Improvement Project. The Enright property owners received damages through the court system requiring the City to pay $24,204.89. These damages involved a grade change in the driveway access. Council agreed that payment must be made but that a policy question should be reviewed by staff so that the City would not be liable for a county engineered job in the future. Staff is asked to review this and consideration will be made at the next regular City Council meeting. Mayor McMenomy opened the public hearing for the Knodt Rezoning Request. Administrator Jilk assured the Mayor the appropriate affidavits of publication were on file. Assistant Planner Rick Pearson reviewed this request of changing zoning from Agricultural Preserve to Agricultural. Also noted was an easement necessary for a driveway in the lot division. MOTION by McMenomy to close the Knodt Rezoning public hearing. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Wippermann to adopt Ordinance No. B -26, AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by McMenomy to adopt A RESOLUTION APPROVING A METES AND BOUNDS DIVISION OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 115, RANGE 18, DAKOTA COUNTY, MINNESOTA (15102 CLAYTON AVENUE AND 15150 CLAYTON AVENUE) ON THE EAST SIDE OF STATE TRUNK HIGHWAY 52. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1993 Mayor McMenomy continued the public hearing for Flood Plain Ordinance Revisions from the January 2, 1993 meeting. Administrator Jilk noted the affidavits for publication were on file. Planning Director Lisa Freese noted that the Department of Natural Resources and the Federal Emergency Management Agency have required the City of Rosemount to amend its ordinances into compliance with these state and federal standards. There are now only six properties within flood zones next to the Mississippi River. The Department of Natural Resource has not completed their review of the proposed amendment, so staff requested the City Council to continue the hearing until the first meeting in February. MOTION by McMenomy to continue the Public Hearing for the Flood Plain Ordinance Revisions to February 2, 1993. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Mayor McMenomy made a proclamation making the week of February 20th to February 27th, 1993 the "Salute to Dakota County World War II Vets This will be celebrated with a program at Lakeville High School on February 25, at 7:30 p.m. Many residents came to hear the information presented by City Engineer Osmundson on the reconstruction of 145th Street from Shannon Parkway to Cameo Avenue. This would include installing new utilities, sidewalk and new roadway. There would not be any enlargement to the width of the street. A television inspection of the sanitary sewer last year showed the entire length of sanitary sewer needed replacement. The watermains would be increased in size from 6 inch to 12 inch which conforms with the 1988 Comprehensive Water System Plan and should greatly improve pressure problems in the area. This project would also include the realignment of the Chili Avenue and Chippendale Avenue intersection improving traffic safety. State Aid funding will pay for a major share of this project. Estimated assessments to a 100 foot lot would be $6,000 to $7,000 spread over a ten year period. Mrs. Baumgartner said as a spokesman for the resident's group that they would not be willing to pay for these improvements. Residents felt that the cost should be spread across the whole city because many more people use 145th Street than just those living on it. Vern Kelley represented the Super America gas station, protesting the changing of Dodd Road intersecting with Chippendale Avenue to a cal -de -sac. He felt this would negatively affect his business. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1993 Mr. Osmundson noted that the City's Assessment Policy was established with fairness in mind and standardized assessments so all residents would be treated the same. Receiving the feasibility report for Project 235 does not automatically mean it will be done. Further input from residents can be heard at the Public Hearing recommended to be set on February 16, 1993 at 8:00 p.m. The Mayor also invited anyone with questions to contact the City's engineering staff prior to the public hearing and they will be glad to go over their concerns. MOTION by McMenomy to adopt A RESOLUTION RECEIVING FEASIBILITY REPORT AND SET THE PUBLIC HEARING FOR 145TH STREET IMPROVEMENTS FROM SHANNON PARKWAY TO CAMEO AVENUE, CITY PROJECT 235. Second by Wippermann. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Mayor McMenomy called for a ten minute break at 9:45 p.m. Administrator Steve Jilk gave an update on the building of the Armory /Community Center. He reviewed the colors and materials selection, the first pay request from PCL, and a cost analysis proposed for a construction priority change to have the Multi Purpose Arena completed by December 15, 1993. MOTION by Klassen to allow staff to spend $640 to hire a project cost analysis to determine the cost of completing the arena by December 15, 1993. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Klassen to set a Special City Council meeting with the Parks and Recreation Committee to review management options for the Community Center for February 4, 1993 at 6:30 p.m. Second Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Willcox to approve the materials and colors proposed for the Armory /Community Center as presented by the Architect on January 5, 1993. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Willcox to move Council to a Closed Session regarding Minnesota Police Recruitment System litigation and the McDonough litigation. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Council reconvened the meeting at 10:50 p.m. MOTION by Klassen to hire the firm of Holmes Graven, 470 Pillsbury Center, Minneapolis, Minnesota to represent the Police Department in the Starks -Field v.s. Minnesota Police Recruitment System, et al. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. 1 1 1 MOTION by Staats to reconsider Item 4.m of the Agenda confirming the indemnification of City employee legal fees and claims for E. B. McMenomy and Stephan Jilk. Second by Willcox. Ayes: Staats, Klassen, Wippermann. Nays: Willcox. Abstain: McMenomy. Motion carried. MOTION by Wippermann to adopt A RESOLUTION AFFIRMING INDEMNIFICATION OF CITY EMPLOYEE LEGAL FEES AND CLAIMS. Second by Klassen. Ayes: Klassen, Wippermann, Staats. Nays: Willcox. Abstain: McMenomy. Motion carried. MOTION by McMenomy to adjourn the meeting. Second by Staats. All were in agreement, the meeting was adjourned at 10:55 p.m. Respectfully submitted, ATTEST: Stephan Jilk, /City Administrator The City Council Agenda Packet is Clerk's File 1993 3. Linda Jentink, Recording Secretary ROSEMOTJNT CITY PROCEEDINGS REGULAR MEETING JANUARY 19, 1993 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED MEETING JANUARY 19, 1993 TO BE INSERTED WHEN MCDONOUGH LITIGATION IS COMPLETE. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 23, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount was duly held on Saturday, January 23, 1993 at 8:00 a.m. at the Rosemount City Hall in the Council Chamber. Mayor McMenomy opened the special meeting with Councilmembers Willcox, Staats, Wippermann and Klassen present. Also City Administrator Stephan Jilk was present. The purpose of the meeting was to interview applicants for the open positions of the Utilities Commission, Planning Commission, Port Authority and Parks and Recreation Committee. Each applicant was interviewed for approximately twenty minutes. The City Council discussed the applicants and determined that the final appointments would be made at the regular February 2, 1993 City Council meeting. MOTION by McMenomy to close the special meeting. Second by Klassen. The meeting was adjourned at 12:15 p.m. ATTEST: G S. ti E.B. McMenomy, Mayor Respegtfully submitted, Ste an Jil City Administrator The City Council Agenda Packet is Clerk's File 1993 -4a. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 26, 1993 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 26, 1993, at 7:30 p.m. in the Council Chambers at City Hall. Acting Mayor Wippermann called the meeting to order. Councilmembers Willcox, Staats and Klassen were present. Mayor McMenomy joined the meeting at 7:40 p.m. Administrator Stephan Jilk reviewed the different options for staffing the community center. These options were reviewed by the Parks Recreation Committee at their January 25, 1993 meeting. Administrator Jilk also reviewed a revised Option 3 which was the staffing concept the Parks Recreation Committee members reached a consensus on. Parks Recreation Committee Member Scott Rynerson presented a further revision to this Option 3 which he advised was agreed upon by some members of the Committee following their meeting on January 25, 1993. Rynerson advised some members felt the management of the ice arena should be assigned to one person rather than the responsibility of the facilities manager. Scott Rynerson further advised a consensus has not been reached by the Parks Recreation Committee members as to what the extent of involvement will be by the members with regards to the community center. Administrator Stephan Jilk advised his recommended staffing option was based upon community center staffing at Brooklyn Park and Shakopee. These cities mirrored the closest to Rosemount's community center operations. Following discussion, staff was directed to obtain staffing information from other cities who have community centers. Council discussed different alternatives for communicating with the citizens. Suggestions provided by the Council were cable broadcasting, re- establish the "Happenings Page" in the "Town Pages" on a monthly or weekly basis, or publish a "Happenings Page or something similar, in either the "Rosemount This Week" or "Current Discussion was also held on whether to continue the City's legal notices with the "Farmington Independent" or with the "Dakota County Tribune Following further discussion, Council reached a consensus that staff should negotiate with the owner of "Rosemount This Week" to find out the cost for a monthly ad, legal notices costs and weekly community service announcements such as meeting agendas. Discussion was held on the final appointment to be made by the City Council as a result of their interviews of applicants for the City's commission and committees held on January 23, 1993. Council concurred that Pat McDermott should be appointed to the Planning Commission. 1 1 City Attorney Mike Miles updated Council on a recent meeting he attended with the city administrator regarding the Starks /Fields litigation matter and how this matter should be defended on behalf of the 36 cities since a determination was made by the League of Minnesota Cities Insurance Trust that the majority of cities' liability insurance would not cover this law suit. Attorney Miles advised that the majority of cities agreed to have the law firm of Holmes Graven represent them and that each city would pay $500, plus an assessment based on population, if needed. MOTION by Wippermann to approve the joint defense with other cities and MPRS by retaining the law firm of Holmes Graven and agreeing to the $500 fee plus any additional assessment based on population. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: 5. Nays: 0. ATTEST: Stepl$n Jilk, C y Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 26, 1993 Respectfully submitted, Susan M. Walsh Administrative Assistant The City Council Agenda Packet is Clerk's File 1993 -5. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, February 2, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present. Staff present were: Freese, Jilk, Osmundson, and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Changes to the agenda included moving 4.i. Goal Setting Schedule for 1993 from Consent Agenda to New Business and adding 3.c. Law Firm Inquiry of Councilmember, 5.c. Mosquito Control Minor Comprehensive Guide Plan Amendment, 5.d. Starks /Field Minnesota Police Recruitment System Attorney Confirmation, and 7.f. Strese Property Update. Kevin Carroll, representing S.O.A.R., discussed siting developments at the January 27th Technical Committee meeting. Two Hastings sites and one Rosemount site were chosen, then at a Policy Committee meeting one more Rosemount site was chosen. Some arguments against these sites are bird strikes, hampered development for Hastings, the major roadways around Hastings (i.e. 61, 316) and Rosemount (Hwy 55/52) would be disturbed. Site 5 would allow air patterns over downtown Rosemount. The Noise Zones and Safety Zones are regulated by State and Federal laws, these are not all included in the Search Area as required. The Search Area may have to be expanded. A Public Hearing is set for Thursday, February 25, 1993 at 7:00 p.m. at the Hastings Middle School Auditorium, 9th Street and Vermillion Street (Highway 61), Hastings, Minnesota (call 726 -8189 if questions). Diane Pinkert, President of the Rosemount Chambers of Commerce introduced Lucy Holzer from the Government Action Committee. Ms. Holzer listed some of the goals, concerns and strategies of the group. Emphasis was placed on communication with staff and council; shared visions and common goals; vendor protection; sign ordinance; clarifications, concerns with policy, Star Cable User Fee; donations; tracking of TIF monies; better notification of special meetings and agendas. The Government Action Committee would like to have round table discussions with staff and council, conduct a new survey of businesses in Rosemount, and have Chamber members attend City Council meetings and vise versa. Councilmember Willcox said a written response will be provided to the Government Action Committee for further review. Staff and Council agreed. Mayor McMenomy and Councilmembers received a letter alleging Councilmember Willcox acted inappropriately regarding the relocation of businesses by the Armory /Community Center site. Attorney Keller said, "Willcox advised his (Keller °s) clients they should sue the city and get better representation." Keller 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1993 requested the Rosemount City Council to respond to this serious matter. Mayor McMenomy noted that City Attorney Miles will investigate the allegations and noted that this type of influence is not acceptable behavior. Councilmember Willcox said there was no truth to this and he will respond in a letter. Councilmember Klassen was concerned that the letter assumed an individual councilmember's alleged actions represented the entire council; and since the council's collective decisions set policy, councilmembers as individuals need to be careful to state when they are representing council and when they are stating their individual opinions. She was also concerned about an additional incident where a developer noted a similar situation with Councilmember Willcox. Mayor McMenomy opened the Public Hearing for the Flood Plain Ordinance Amendment which was continued from the January 19, 1993 public hearing. Staff recommended adoption as the changes put the City of Rosemount in compliance with the state and federal regulations. MOTION by McMenomy to close the Public Hearing on the Flood Plain Ordinance. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by Willcox to adopt ORDINANCE NO. XVII.102 AN ORDINANCE AMENDING ORDINANCE NO. XVII.4 SUBDIVISION ORDINANCE AND ORDINANCE NO. B -25 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. MOTION by Willcox to approve the summary of the contents of Ordinance B -25 for official publication. Second by Wippermann. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Wippermann to approve the Consent Agenda amending the January 19, 1993 City Council minutes on page 4 to include Stephan Jilk and E.B. McMenomy's name. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. Administrator Jilk reviewed the "comment card" proposed by the Taxpayers Committee. Jilk will outline options, costs, and formats at the March 2, 1993 City Council meeting and invite residents to participate in its development. Don Sinnwell noted that establishing use of the comment cards by summer should be possible. The City Council interviewed residents for commissions and committees on January 23, 1993 and have come to a consensus on the appointments. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1993 MOTION by McMenomy to approve the appointments of three year terms for Lorrayne Ingram, Planning Commission, Patrick McDermott, Planning Commission, Linda Ladzun, Parks and Recreation Committee, Dave Giliuson, Parks and Recreation Committee, and Joseph Walsh, Utilities Commission. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Klassen to approve the appointment of Kevin Carroll to the Port Authority for a six year term. Second by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: 0. Abstain: McMenomy. The Mosquito Control property owners are requesting a Minor Comprehensive Guide Plan Amendment to be moved ahead as soon as possible. Director Freese said that it could be processed one week earlier and then the Planning Commission will set Public Hearing on March 2, 1993. Administrator Jilk and Attorney Miles reviewed the Starks /Field Minnesota Police Recruitment System litigation initiated by two minority persons who felt the testing procedures used did not offer fair employment opportunities. MOTION by Willcox to approve the Joint Defense Agreement with Holmes Graven in regard to the Starks /Field Minnesota Police Recruitment System litigation. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. City Engineer Bud Osmundson asked City Council to consider a Transportation Utility as supported at a recent Engineers Annual meeting. Currently State Statutes allow cities to impose a Utility Fee for the use of sewer, water and storm sewer. Support is being sought to influence the State Legislators and Senators for future legislation. This would allow additional funding to be available to cities to do reconstruction and maintenance of streets and utilities and yet spread the cost more evenly to residents. MOTION by Wippermann to table the adoption of a resolution supporting enabling legislation allowing municipalities to establish transportation utilities for future consideration. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by Willcox to approve the hiring of Rich Lonnquist for the position of Engineering Technician effective March 1, 1993 subject to passing the pre employment physical and Drivers License Check and approve the salary, benefits and conditions as outlined in Administrative Assistant Susan Walsh's memorandum dated February 2, 1993. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. 1 1 Councilmember Willcox requested staff to develop a process where by the 1994 Debt Service Levy would be reflected in feasibility reports. Jilk noted that the danger with this is realizing that these numbers would be projected, not actual, and dependent on whether projects were approved or not. Jilk said that it would be helpful information in the decision process. This information is reviewed yearly at budget time. City Engineer Bud Osmundson will have this information for the 145th Street Reconstruction at the February 16, 1993 meeting. Mayor McMenomy called for a ten minute break at 8:55 p.m. City Administrator Jilk presented information about a process by which appeals to the fire and building codes are to be handled as set forth in the Uniform Building Code and Uniform Fire Code which have been adopted by the City. An establishment of an "Appeals Board" would be comprised of members which are professionals like architects, firefighters, and construction trade contractors. Two appeals have been received by Council and Administrator Jilk advised these appeals could be reviewed by the City council or by a newly created Appeals Board. Wippermann noted that a Board would provide assistance to the City Council dealing with safety and /or environmental issues with professionals making the review rather than City Council. Klassen agreed that Council needs to take a progressive approach to the future. Willcox said the elected officials should be held accountable. There is no guarantee the Board could remain neutral. Attorney John Burns addressed the Council regarding The Rosemount Plaza Condominium Association's appeal. No action was taken by Council at this time. Further review will be considered at a later date. Planning Director Freese introduced Barb Schmidt, Director of Dakota County Parks Department. Ms. Schmidt gave some background on the Spring Lake Park development which originally called for dykes that would create up stream flooding for water recreation. This was determined not to be feasible so an alternative plan was made including siting for a family campground and archery range in Rosemount, sites for a nature interpretive center and a visitor center in Nininger Township and an equestrian trail head. Both the Parks and Recreation Committee and the Planning Commission have voted to support the proposed amendments to the Spring Lake Park Master Plan. MOTION to direct planning staff to send a letter to the Metropolitan Council indicating the City's support of the amendment to the Dakota County Park Plan for Spring Lake Park. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. ROSE4OUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1993 Mayor McMenomy advised Council of a public acknowledgement of an error made regarding the Strese Oil property involved a 90 -day notice for vacaton of 14810 South Robert Trail to David Strese. Conworth, Inc. based this action on the continuing quick -take condemnation resolution approved by the Port Authoirty. As the condemnation proceedings were not proceeding, Conworth, Inc. mailed a rescission of the 90 -day vacate notice to the Strese's with apologies. The Goal at 6:30 p.m. 1993 at 6:30 p.m. meetings Administrator Jilk gave an update on the construction now taking place at the Armory /Community Center site. Communication processes and billing processes are in place and are working well. Jilk would encourage staff and council to arrange a visit to the construction site. In negotiating to move the ice arena completion date up cost estimates have ranged from $10,227 to $51,297. Revenue loss from the ice -time lost could be as high as $20,000 if not open by December 15, 1993. This will be reviewed at the Parks and Recreation meeting on February 22, 1993. MOTION by McMenomy to go into a closed session to discuss the McDonough /Sunrise Builders lawsuit. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. The meeting was resumed at 10:30 p.m. MOTION by McMenomy to adjourn the meeting. Second by Staats. All were in favor, the meeting was adjourned at 10:35 p.m. ATTEST: t ,J4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 2, 1993 Setting Meetings for 1993 will be set for March 3, 1993 for City Council and the Administrator and March 10, for City Council and Department Heads. Additional will be scheduled later. Respectfully submitted, //11 //L L'2 Linda Jentin Recording Secretary E.B. McMenomy, Mayor The City Council Agenda Packet is Clerk's File 1993 -6. 5 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 4, 1993 Pursuant to due call and notice thereof a special meeting of the City Council of the City of Rosemount held jointly with the Parks and Recreation Commission was duly held on Thursday, February 4, 1993, at 6:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Klassen, and Staats present. Parks and Recreation Committee members present were Dave Giliuson, John Howard, Linda Ladzun, Scott Rynerson, Jerry Puciaty, Deanna Simpson. Also present were City Administrator Stephan Jilk, Parks Recreation Director Dave Bechtold, Assistant to Director of Parks and Recreation Lisa Jost, Parks Supervisor Rick Cook, Port Authority Commissioner Sinnwell, RAAA Representative Ron Pederson, and RAHA Representative Steve Hawkins. Mayor McMenomy led the group in the Pledge of Allegiance. The purpose of the special meeting was to consider management options for the Community Center operations. Administrator Jilk reviewed six organizational charts, noting that the chain of command needed to be determined but that the number of employees needed under this management level or the exact positions would not be determined until after a manager is hired. The manager selected and his /her experience and guidance would influence further development of positions. It was determined that an interview team would be formed consisting of some of the Parks and Recreation Committee, Director of Parks and Recreation, City Administrator, a Councilmember, a RAHA representative, and possibly an arena manager from a close city. The person selected would need managing skills and appropriate background; scheduling experience, promotional skills and public relations. Giliuson noted that if the ice arena is operated separately, the Red Wing Facility School would possibly send students to run it as an apprentice program. He felt that profits could be generated year around with a strong manager. Mayor McMenomy asked each Parks and Recreation Committee member to comment on their ideas and concerns. Did they want direct involvement or have the Community Center stand separately? Director Bechtold talked about the many programs that are not profit oriented for the community, i.e. teen programs, latch key, Tiny Tots, Rosettes, summer youth programs. Many felt the financing would be hard to track if the arena was not considered separate. The banquet hall, gym, classrooms, and auditorium /theater could be run as a non profit facility for the community. Ladzun voiced concern for the transition time for the community programs already in place. She felt the Parks and Recreation Committee should stay involved to help these programs under go any changes and to insure they remain a strong element in the community. Choices were narrowed to Options 2 and 5. Each person commented on their choice and why. Steve Hawkins from the Rosemount Area Hockey Association noted that speed was essential in hiring a manager so that equipment purchases and scheduling could begin. There are already items needed and residents inquiring about the rental of the banquet facility. City staff recommended Option 5 of the operations charts. MOTION by Willcox to adopt Option 2 of the operations charts for the Armory /Community Center. Second by Staats. Ayes: McMenomy, Staats, Willcox. Nays: Wippermann, Klassen. Motion carried. Staff said that a revised job description and salary range would be recommended at the regular March 2, 1993 City Council meeting. Motion by Willcox to adjourn. Second by McMenomy. All in favor. The meeting was adjourned at 8:15 p.m. Respectfully submitted, �J LC =1 C Linda Jentink, Recording Secretary ATTEST: E.B. McMenomy, Mayor ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING FEBRUARY 4, 1993 The City Council Agenda Packet is Clerk's File 1993 -8. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1993 Pursuant to due call and notice thereof a Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, February 16, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Wippermann, and Willcox present. Councilmember Staats and City Administrator Jilk were absent. Staff present were: Aker, Freese, May, Osmundson, Walsh and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Changes to the agenda included moving 4.k. Broback Industrial Park to NEW BUSINESS from Consent Agenda and adding 3.a. Willcox' Report on Allegations. Councilmember Willcox presented a letter to the City Council responding to Attorney David Keller's allegations. City Attorney Miles advised the allegations against Willcox were still under investigation. MOTION by Wippermann to approve the Consent Agenda with the minutes of February 2, 1993 amended and removing 4.k. Broback Industrial Park for discussion. Second by Willcox. Ayes: McMenomy, Klassen, Willcox, Wippermann. Nays: 0. City Engineer Bud Osmundson gave an update on Project 239, Highway 3 Improvements. MNDOT has agreed to fund a mile of overlay. Any other improvements would be a direct cost to the City. Osmundson will be working with the Downtown Scoping Committee for input and will be contacting affected businesses. Staff recommends a trial time of one year of no parking on Highway 3 gaining an additional traffic lane without moving sidewalks or businesses. If this is acceptable, at a later time curb and gutter could be improved. McMenomy did 42 needed to be worth it. deleted, but a later time that funding not believe Highway 3 from the APCO to County Road have mill and overlay, the tax dollars used may not Osmundson noted that parts of the project could be once MNDOT approves it, they would not come back at and do an additional portion. The City would lose provided by MNDOT. Klassen requested that Council take time to look at the whole picture, not a section at a time. Willcox noted that consideration of the trail corridor be made. Following further discussion Council directed staff to continue their discussions with MNDOT and meet with the Downtown Scoping Committee and business owners. Public Works Director Ron Wasmund reviewed the Building Permit Fees with a comparison study of fees of surrounding communities. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1993 Staff and the Utilities Commission is recommending a 4.5% increase. MOTION by Wippermann to adopt A RESOLUTION AMENDING RESOLUTION 1992 -140, A RESOLUTION ESTABLISHING THE SCHEDULE OF RATES AND FEES FOR 1993. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy. Nays: None. Mayor McMenomy called for a five minute break at 7:55 p.m. The meeting resumed at 8:00 p.m. and Mayor McMenomy opened the Public Hearing for the 145th Street Reconstruction, Project 235. The Mayor established that the public notice affidavits were on file. City Engineer Osmundson reviewed Project 235 including information on the watermains, sanitary sewers, storm sewer, streets, electric utilities and street lighting. The residents would be assessed up to 26% of the cost of the project. Discussion followed with questions and objections to the cost of the project from most of the residents in the audience. Vern Kelly, owner of the Super America on 145th Street and Chippendale Avenue, opposed the closing of the Dodd Road exit on Chippendale Avenue. MOTION by Willcox to close the Public Hearing on the 145th Street Reconstruction Improvements, Project 235. Second by Klassen. Ayes: Willcox, Wippermann, McMenomy, Klassen. Nays: None. Mayor McMenomy felt the project should go forward and commented that further discussion and compromise regarding assessments should be considered. The issue of traffic safety at the corner of Chili Avenue and 145th Street needs to be addressed. That corner would be safer if realigned. Councilmember Willcox was against the project noting that parking on one side was not fair to elderly residents and noted that coming onto 145th Street from a driveway was very difficult. Wippermann and Klassen stood by the assessment policy used to figure the assessments for residents and agreed the final apprasial of establishing benefit. The utilities are almost 50 years old and really need replacement, and it only makes sense to replace the street at the same time. Home values will not be maintained if utilities fail. MOTION by Willcox to table action on the Public Hearing of the 145th Street Reconstruction Improvements, Project 235, until further information is available. Second by Klassen. Discussion followed. MOTION by Willcox to amend the above motion to table action on the Public Hearing of the 145th Street Reconstruction Improvements, Project 235, until further information is available ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1993 and to consider this at the March 16, 1993 City Council meeting. Second by McMenomy. Ayes: McMenomy, Klassen, Willcox, Wippermann. Nays: None. Polling of original motion: Ayes: Wippermann, McMenomy, Klassen, Willcox. Nays: None. Direction was given to city staff to 1) have two or more additional appraisals completed 2) explore alternatives to a cal de -sac on Dodd Blvd. 3) continute looking at the cost of burying electrical lines and 4) consider decorative lighting with Downtown Scoping Committee. MOTION by McMenomy to set a special meeting on March 3, 1993 at 7:30 p.m. at City Hall to continue the Public Hearing on the 145th Street Reconstruction, Project 235. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by Willcox to accept Update 2000 and to set a public hearing at 7:30 p.m. on March 10, 1993 for the purpose of receiving public comment on the proposed Comprehensive Guide Plan Update 2000. Second by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Klassen. Nays: None. MOTION by Willcox to approve the goal setting meeting schedule for 1993 and the Department Heads and Council meeting on March 18, 1993 at 6:30 p.m. Second by Klassen. Ayes: Wippermann, McMenomy, Klassen, Willcox. Nays: None. Lisa Freese explained that the lot combination for Broback Industrial Park was due to the realignment of County Road 33 by Dakota County and easement was needed for the ditch. MOTION by McMenomy to adopt A RESOLUTION APPROVING A RELOCATION OF AN EXISTING CI.TY ROAD EASEMENT IN BROBACK INDUSTRIAL PARK AND THE TRANSFER OF EASEMENT TITLES. Second by Klassen. Ayes: McMenomy, Klassen, Willcox, Wippermann. Nays: None. Mayor McMenomy proclaimed for the "Volunteers of America Week" to be March 7 through March 14, 1993. MOTION by McMenomy to adjourn the meeting. Second by Willcox. All were in favor, the meeting was adjourned at 10:35 p.m. Respectfully submitted, Linda Jentink, Recording Secretary 3 1 1 ATTEST: E.B. McMenomy, Mayor ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 16, 1993 The City Council Agenda Packet is Clerk's File 1993 -9. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1993 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 2, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Staats and Klassen present. Councilmember Wippermann was absent. Staff present were: Aker, Bechtold, Freese, Jilk, Knutson, May, Osmundson and Walsh. Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Changes to the agenda included moving 4.i. Legal Fees to OLD BUSINESS 5.g.; adding 4.m. Temporary Liquor License; and an addition to 4.f. Donation Expenditure. Two other additions were made, 3.f. Investigation of Councilmember Activity Report and 7.f. Agricultural Preserve Certification. Fire Chief Scott Aker reported that the Fire Department held its annual election. Mike Reis, is Assistant Fire Chief and Dan Corrigan is Secretary for the next year. City Administrator Steve Jilk administered the Oath of Office to each of them. City Engineer Bud Osmundson introduced Rich Lonnquist as a full time employee for the City as an Engineering Technician. Lonnquist acknowledged it has taken a long time but he appreciates city staff and Council's assistance. Kevin Carroll, representing S.O.A.R., noted that the State Auditor's Report on Metropolitan Council's Airport Siting has confirmed that the adequacy study had over stated the needs, noise problem and operational delay times of the current airport. The Metropolitan Airport Commission is holding a Public Hearing on March 18, at 7:00 p.m. at Rosemount High School regarding the Environmental Procedure Scoping Document. There are two bills for repealing the Dual Track Airport Siting Process under 479 HF and 472 SF. The Legislative Auditor's Report has shown that the process is technically flawed and the data generated is incorrect. The Chamber of Commerce Government Action Committee was not present for an update. Administrative Assistant Susan Walsh noted that the City has received their Pay Equity Compliance Notification from the State of Minnesota. Staff is waiting for completion of a joint study for revisions to the Point System by Labor Relations. This will not be complete until July 1, 1993. Mayor McMenomy opened the Public Hearing for the Mosquito Control District, Dakota Division Headquarters. Administrator Jilk noted the Affidavits of Notice were on file, but the Affidavits of 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1993 Publication had not been received from the newspaper, but had in fact been published. Planning Director Lisa Freese reviewed the information for the Minor Comprehensive Guide Plan Amendment request for the Mosquito Control District Headquarters. Richard Gager of the Mosquito Control District spoke in favor of the amendment. MOTION by McMenomy to close the Public Hearing on the Mosquito Control District. Second by Klassen. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. MOTION by Klassen to adopt A RESOLUTION AMENDING THE COMPREHENSIVE GUIDE PLAN OF THE CITY OF ROSEMOUNT TO REDESIGNATE THE 9.90 ACRE SITE FOR THE METROPOLITAN MOSQUITO CONTROL DISTRICT FROM AGRICULTURAL TO INDUSTRIAL. Second by Staats. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. Attorney Mike Miles reviewed his investigation of Councilmember Willcox's activity in regard to the relocation of businesses near the Armory /Community Center site. The facts are in dispute as to the letter received by Attorney David Keller. Council directed Attorney Miles to draft a letter for Council approval. In this regard, Council asked the City Attorney to put together a policy that all commissioners and City Council could follow and also a policy on conflict of interest so as to avoid any further incidents. This could be discussed at the Goal Setting session on March 30, 1993. The League of Minnesota Cities has draft policies available. Administrator Jilk reported on the concept of a Community Comment Card for residents to offer input regarding city services. A phone survey was taken by staff of twelve Minnesota cities, half do not have a form for community input and the other half had a card or survey for input. Several communities commented that very few people have responded and those that have have been positive comments. Mayor McMenomy noted the example of the Burnsville comment card was adequate and further research would be unnecessary. MOTION by Klassen to instruct staff to draft a Rosemount Comment Card and find out printing costs. Second by Willcox. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. Administrative Assistant Susan Walsh reviewed publishing a monthly one page ad for city information to the residents. Publication with the "ThisWeek" would insure every resident in Rosemount would receive city information. The "legal" notices would than be published in the "Dakota County Tribune" rather than the "Farmington Independent." The Parks and Recreation Department would most probably publish a brochure twice a year for their programs. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1993 Councilmember Klassen noted the publisher of the "Farmington Independent" Todd Heikkila said the subscriptions for the "Rosemount Town Pages" are expected to be 2000 in the next few months and he could do a similar job for one third the cost. Council's consensus was that communication was a primary goal and that even if the cost is greater it would be worth while to have the city information get to each household. MOTION by McMenomy to publish a monthly newsletter, agenda, city council minutes in the "Rosemount ThisWeek" and to designate the "Dakota County Tribune" as the City's official newspaper effective April 1, 1993. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. Councilmember Willcox requested review of the Port Authority's operating powers in view of the recent problems with the six businesses near the Armory /Community Center site. City Attorney Miles was instructed to research this. Attorney Miles reviewed the establishment of the Port Authority, City Council's request to the Port Authority for involvement in the Armory /Community Center Project, and some projects that were inherited from the EDA. The City Attorney assured Council that the Port Authority had acted within its scope of authority and within all state laws and regulations. Willcox noted it was disappointing that none of the businesses by the Armory /Community Center site could be relocated within Rosemount. Willcox requested the Tax Increment Financing report furnished to the State March 1. Mayor McMenomy called for a ten minute break at 9:10 p.m. Administrator Jilk presented the Community Center Manager job description. This person would administer all facets of the Center and coordinate use with the National Guard. Jilk recommended a mid management salary range. Discussion followed. MOTION by McMenomy to approve the job description and salary range ($41,448 to $55,965) for the Community Center Manager including Department Head status and placing the Mayor on the interview committee. Second by Willcox. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. MOTION by McMenomy to authorize advertisement of the Community Center Manager position opening. Second by Willcox. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. MOTION by McMenomy to approve the hiring schedule for the Community Center Manager position as proposed. Second by Willcox. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1993 MOTION by Willcox to approve the Community Center Commission and the appointment process to select Commission members. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. Planning Director Freese reviewed the legal requirements of the Comprehensive Guide Plan Public Hearing. A quorum of Planning Commissioners is required and City Council approval. Metropolitan Council has ten days to review it and commonly request additional information from the city. MOTION by Willcox to set a Special City Council Meeting on March 15, 1993, at 8:00 p.m. at the Fire Hall for the purpose of holding a Joint Planning Commission /City Council Workshop on the Comprehensive Plan if so needed. Second by McMenomy. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. Legal fees were reviewed for representation on the McDonough /Sunrise Builders case. Lindquist and Vennum was requested to supply an itemized list for services. MOTION by Willcox to approve payment to Fredrikson and Byron, Attorneys at Law, in the amount of $6,923.75. Second by Klassen. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. Discussion ensued on a position for a part -time Deputy Registrar Clerk. Council requested a profit -loss statement from this department. MOTION by Klassen to table the issue of a part -time Deputy Registrar Clerk. Second by Willcox. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. MOTION by McMenomy to approve the transfer of funds as presented by the Finance Director. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by Klassen to adopt A RESOLUTION APPROVING THE ENCUMBRANCE OF CERTAIN 1992 BUDGET ITEMS TO 1993. Second by Staats. Ayes: Staats, Klassen, McMenomy. Nays: Willcox. Motion carried. MOTION by McMenomy to adopt A RESOLUTION OPPOSING LEGISLATION RELATING TO RESTRICTING CITY ANNEXATION RIGHTS. Second by Willcox. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. MOTION by McMenomy to authorize the obtaining of appropriate appraisals on the proposed new fire station site property. Second by Willcox. Ayes: Willcox, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to adopt A RESOLUTION CERTIFYING LANDS ELIGIBLE FOR AGRICULTURAL PRESERVES. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: None. 4 1 MOTION to table the Administrator's Update on the Armory /Community Center and the Fire Station Referendum to the next City Council meeting. Second by Willcox. Ayes: Staats, Klassen, Willcox, McMenomy. Nays: None. MOTION by Willcox to move to the Closed Session regarding the Police Union negotiations. Second by McMenomy. Ayes: Klassen, Willcox, McMenomy, Staats. Nays: None. The Closed Session began at 10:40 p.m. and Council returned at' 10:58 p.m. MOTION by Willcox to adjourn the regular meeting. Second by McMenomy. Council was in agreement, the meeting was adjourned at 11:00 p.m. ATTEST: Respectfully submitted, S pE Jilk, ty Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 2, 1993 Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -10. 1 1 Pursuant to due call and notice thereof a special closed executive session of the City Council of the City of Rosemount was duly held on Tuesday, March 2, 1993 in the Council Lounge at City Hall. The purpose of the closed council meeting was to update the City Council on the negotiations with the police union. Administrator Stephan Jilk reviewed his recommendations for settlement of a two year contract. Also in attendance were Administrative Assistant Susan Walsh and Police Chief Lyle Knutsen who discussed the pay for performance plan to be offered to the union members as an option to longevity. Following further discussion, Council unanimously agreed with the staff recommendations. MOTION by McMenomy to adjourn. SECOND by Willcox. Ayes: 4. Nays: 0. y Administrator ROSEMOUNT CITY PROCEEDINGS CLOSED EXECUTIVE SESSION MARCH 2, 1993 Respectfully -ubm'tted, S san M/Walsh Administrative Assistant 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 3, 1993 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Wednesday, March 3, 1993 at 7:30 p.m. in the Council Chambers at Rosemount City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, McMenomy, and Klassen present. Also present were City Administrator Jilk, City Engineer Osmundson, and City Attorney Miles. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy explained to the audience that the purpose of the informational meeting was to discuss the 145th Street reconstruction project. Councilmember Willcox requested clarification on the amount of Minnesota State Aid funds to be used on the 145th Street project. City Engineer Osmundson explained that two years of the MSA funds would be used. Mayor McMenomy addressed the issue of constructing a cul -de -sac on Dodd Boulevard near the SuperAmerica store. Consensus was reached that Dodd Boulevard should continue to be a through street, therefore a cul -de -sac should not be constructed. Also decided was the intersection of Dodd Boulevard and Chippendale Avenue should be moved to intersect just south of its current location. The possibility of eliminating left -hand turns at the intersection was also discussed. Discussion continued regarding the dollar amount to be assessed to the affected property owners. Consensus was reached to order two more property appraisals. There was consensus that the value of $4300 as indicated in the first set of appraisals received, as opposed to the $6,200 figure calculated by using the current assessment policy, should be used. If the comparison analysis of the new appraisals show that the improvements do not benefit the properties to be assessed by $4300 or more, consideration will be given to reduce the $4300 value. Also discussed was the assessment amount for properties on Chili Avenue, which is earmarked for street improvements only, and not utility improvements. Consensus was reached to eliminate any electric utility line burial. Councilmembers also concurred that the decision on decorative lighting should be tabled until further information is received and that any new street lights should be similar to those used in the downtown area with costs not to exceed $8,000. Council was informed that the Downtown Scoping Committee would make a recommendation to them regarding street lighting at their March 16 meeting. 1 Mayor McMenomy informed the audience that Council would make their decisions on the project at the March 16, 1993 City Council meeting. MOTION by Klassen to adjourn. SECOND by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Klassen. Nays: 0. Meeting adjourned at 9:10 p.m. Attes '4 /i S ep n Jilk City Administrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 3, 1993 Respectfully submitted, dnk (t1 Deborah Widstrom Recording Secretary 2 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING MARCH 3, 1993 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Wednesday, March 3, 1993, at 6:30 p.m. in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, and Klassen present and City Administrator Jilk. The purpose of the meeting was to continue evaluation of the City Administrator. Council reviewed the written evaluations on the Administrator provided by the Council and Mayor. Mayor McMenomy and Councilmember Willcox suggested that the Administrator should resign. Klassen and Wippermann did not agree. Mayor McMenomy and Councilmember Willcox suggested that the City Council should ask for the Administrator's resignation. The Mayor and Council agreed to meet again on March 10, 1993 with Councilmember Staats present. MOTION by McMenomy to adjourn. Second by Klassen. Ayes: 4. Nays: None. The meeting was adjourned at 7:35 p.m. ATTEST: r. /3 E.B. McMenomy, Mayor Respectfully s.mitted, Stephan J City Administrator ROSEMODNT CITY PROCEEDINGS SPECIAL MEETING MARCH 10, 1993 Pursuant to due call and notice thereof a special meeting of the City Council and the Planning Commission of the City of Rosemount was duly held on Wednesday, March 10, 1993, at 7:30 p.m. in the Council Chambers at City Hall. Mayor McMenomy called the meeting to order. Councilmembers Willcox, Wippermann, Staats and Klassen were present. Planning Commissioners present were Busho, Gundacker, Baago, Ingram and McDermott. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor McMenomy opened the public hearing scheduled at this time to discuss and receive input and comments from the audience on a revised Comprehensive Guide Plan for the entire city through the year 2000 and beyond. The city clerk presented for the record the Affidavit of Posted Hearing Notice and attested to publication of the hearing notice in the city's official newspaper. Mayor McMenomy acknowledged receipt of written comments from the Utilities Commission. Director of Planning Lisa Freese did an overview of the proposed Comprehensive Guide Plan by reviewing the purpose of such plans, the distinction between planning and zoning and by reviewing the different land uses of the plan. Ms. Freese answered several questions from the City Council and audience members. MOTION by Wippermann to close the public hearing. SECOND by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. Planning Commissioner Chair Busho advised the members of the commission had no additional comments and concurred a recommendation for approval should be made at this time. MOTION by Busho to recommend approval of the Comprehensive Guide Plan 2000 Update. SECOND by Gundacker. Ayes: Busho, Gundacker, Baago, Ingram, McDermott. Nays: 0. MOTION by Willcox to adopt the Comprehensive Guide Plan as presented and forward same to the Metropolitan Council for approval. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: 5. Nays: 0. Resptfully ubmitt =d, Sian M�/Walsh Administrative Assistant 1 ATTEST: l�yC/ Jilk, City inistrator ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MARCH 10, 1993 The City Council Agenda Packet is Clerk's File 1993 -11. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL CLOSED MEETING MARCH 10, 1993 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on Wednesday, March 10, 1993, following the Public Hearing in the Council Lounge at City Hall. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present and City Administrator Jilk. The purpose of the meeting was to continue evaluation of the City Administrator. Mayor McMenomy and Councilmember Willcox suggested that the Administrator should resign. Other Councilmembers indicated a lack of their support for the Administrator's resignation. City Council agreed to wait and see what the election this fall will bring. No further meetings on the evaluation of the administrator were set. MOTION by McMenomy to adjourn. Second by Willcox. Ayes: 5. Nays: None. The meeting was adjourned. ATTEST: C 4 E.B. McMenomy, Mayor Resp -ctfu lyj bmi ed, an Ci y Administrator ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 1993 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 16, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Staats, Wippermann and Klassen present. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Miller, Osmundson, Pearson, Walsh and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Additions to the agenda included 3.e) Closed Session McDonough Litigation and 4.p) Comprehensive Guide Plan Resolution. Bernie McGarrigle, Chairperson of the Downtown Scoping Committee, reviewed the mission statement and some of its goals. The Committee gave some preliminary recommendations as to the boundaries for the Downtown Area and the Contiguous Associated Commercial Area. Several members are local merchants and input from other businesses has been incorporated into their recommendations. Mayor McMenomy noted that Marie Jensen is the "Shamrock Award" winner this year from the Rosemount Chambers of Commerce. Congratulations. Police Chief Knutsen presented an appreciation plaque to Steve Strese for fifteen years on the Police Reserves. He called Strese "the most generous volunteer" on the force and regretted his resignation. Council thanked Strese for his years of service. Strese was also acknowledged for his years as a part time officer. Fire Chief Aker presented the Fire Departments Semi Annual Report. He noted that the department is not called "volunteer" anymore but is now a "Paid -On -Call" department. Aker highlighted some of the information in the report and said he is anxiously anticipating the approval of a new fire hall and aerial truck. MOTION by Staats to accept the Fire Department's Annual Report. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. Parks Recreation Director Dave Bechtold gave credit to Mark Joosten and Lacelle Cordes for meeting the requirements necessary for the Tree City U.S.A. Certification. A State of Minnesota Forester will be presenting this award formally to the City in the future. MOTION by Willcox to approve the Consent Agenda with the March 2, 1993 minutes amended on page two, fourth paragraph by adding, "City Council could follow and for conflict of interest" and the March 3, 1993 minutes amended on page one, third paragraph from 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 1993 bottom, to include, "a decision on decorative lighting should be tabled until input from the Downtown Scoping Committee is received." Second by Klassen. Ayes; Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for Bituminous Roadways /Otto Ped Mining Permit. The recording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. Planning Assistant Rick Pearson reviewed the background of the mining permit which had been renewed twice for mining in an agriculturally zoned area. The interested parties now wanted to change the conditions of the permit to allow stock piling and not to require yearly restoration of the site. The economic and market conditions are such now that it would be too costly to restore the site each year. The Planning Commission's recommendation was to continue the permit as before, noting that the land use change could set precedent for that agricultural area. Otto Ped, 4992 E. 145th Street, said he is a member of the Farm Plan with the county and the Soil Conservation Department is monitoring his farm program. Mr. Ped's intention is to level out the land so that he can install an irrigation system and continue agricultural programs. MOTION by McMenomy to close the Public Hearing for the mining permit for Bituminous Roadways /Otto Ped. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Willcox to table approval of the mining permit for Bituminous Roadways /Otto Ped. Second by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by Willcox to have the Planning Department staff draft a document with Otto Ped and Palmer Peterson /Chad Nelson from Bituminous Roadways for stock piling both gravel and top soil. Second by Staats. Ayes: McMenomy, Staats, Klassen, Willcox. Nays: Wippermann. Planning Director Freese noted that this mining permit was to be temporary in nature and a full mining process will not blend in with the agricultural area. Any berming, fencing or landscaping will not hide the operation. Wind and rain erosion controls would be needed. MOTION by McMenomy to start the Special Closed Session regarding the McDonough litigation. Second by Willcox. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. The regular City Council meeting was resumed at 9:00 p.m. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 1993 City Engineer Bud Osmundson requested approval of Project 235 and approval to order plans and specs for the 145th Street reconstruction. Much discussion followed. MOTION by McMenomy to adopt A RESOLUTION APPROVING 145TH STREET AND UTILITY IMPROVEMENTS FROM SHANNON PARKWAY TO CAMEO AVENUE AND CHILE AVENUE FROM 145TH STREET TO NORTH TERMINUS, CITY PROJECT 235. Second by Wippermann. Ayes: Klassen, Wippermann, McMenomy. Nays: Staats, Willcox. Motion failed requiring a 4/5 vote. MOTION by Willcox to approve a Change Order Request #2C.13 in the amount of $28,587.00 for work to be completed for the construction of the Armory and Community Center to allow the acceptance of the Arena by December 15, 1993. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. David Kroos from Boarman Associates Architects reviewed the upcoming Fire Station referendum with recommendations from the citizens committee. The committee worked hard to find the minimal square footage necessary and feels the floor plan is adequate and at the lowest cost possible. MOTION by Willcox to adopt A RESOLUTION CALLING FOR A SPECIAL ELECTION TO CONSIDER THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE CONSTRUCTION OF MUNICIPAL BUILDINGS AND THE ACQUISITION OF A NEW AERIAL PLATFORM TRUCK, Second by Klassen. Ayes: Willcox, Wippermann, Staats, Klassen. Nays: None. Abstain: McMenomy. Motion carried. MOTION by Willcox to call for a Special Council meeting for April 26, 1993 for the purpose of providing the public with information on the May 4, 1993 Special Election. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by Klassen to adopt A RESOLUTION SUPPORTING THE REPEAL OF LEGISLATION AUTHORIZING THE DUAL TRACK PLANNING PROCESS. Second by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Police Chief Lyle Knutsen reviewed the hiring process for a new police officer and noted the entry level salary per month is $2,329.29. MOTION by Wippermann to approve the hiring of Stephen Beberg as a Rosemount Police Officer subject to his successful completion of a pre employment physical and psychological examination. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays:. None. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 1993 MOTION by Willcox to table the hiring process for a part -time Deputy Registrar Clerk. Second by McMenomy. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Discussion followed regarding an interest in a private party opening a Deputy Registrar in Rosemount. The County would rather not get involved in any transfer of services and State density requires only one Deputy Registrar within a five mile radius in which the City Hall was "grandfathered in" when it moved into town. The City would have to relinquish the Deputy Registrar to the State and there would not be a guarantee it could be given to a specific person or that one may continue in Rosemount. The City Attorney was requested to research the possibilities of changing the operation of the Deputy Registrar for later review. Economic Development Coordinator John Miller presented the Star City recertification plan for the next three years. The timeline is an ambitious one which the Star City Committee recommends for approval. MOTION by McMenomy to approve and submit to the Minnesota Department of Trade and Economic Development the Star City one year and three -year economic development plans. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by Klassen to approve and submit to the Minnesota Department of Trade and Economic Development A RESOLUTION APPROVING ONE -YEAR AND THREE -YEAR ECONOMIC DEVELOPMENT PLANS FOR STAR CITY RECERTIFICATION. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. Police Chief Knutsen noted some changes to the job descriptions and titles for sergeant and lieutenant positions. MOTION by Willcox to abolish the Patrol Sergeant position and replace it with the position of Sergeant, approving the Sergeant job description and salary range of 94 points and to approve the Lieutenant job description and salary range of 96 points. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Bud Osmundson, City Engineer /Assistant Public Works Director, explained that each year the City updates the mileage in its entire street system and certifies this information to the Municipal State Aid District Engineer. This allows Rosemount to receive funds for construction and maintenance of streets. MOTION by Klassen to adopt A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS (MSA SEGMENT 104) CONNEMARA TRAIL FROM TRUNK HIGHWAY 3 TO BACARDI AVENUE. Second by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. 4 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 1993 Parks and Recreation Director David Bechtold presented the Adopt A -Park Program. This program was approved by the Parks and Recreation Committee. It will help give ownership and pride to our residents for our parks and credit where credit is due. Lacelle Cordes spearheaded this program during her internship here. MOTION by Klassen to support the Adopt -A -Park proposal and recommend that the Parks Director move forward to implement it into the Parks operations. Second by Willcox. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. Director Bechtold continued, with the approval of the Adopt A- Park program, it is critical to add staff that will be able to see that this program succeeds. A part -time Parks Programmer is requested with responsibilities relating to the Adopt -A -Park program, USA Tree City program, safety programs, Earth Day, Arbor Day, Parks Improvement Day, ordinance updates, and grant research and application. MOTION by Wippermann to approve the job description for the position of Parks Programmer and authorize the hiring process. Second by Klassen. Ayes: Wippermann, Staats, Klassen, Willcox. Nays: McMenomy. Motion carried. The Minnesota Valley Transit Authority (MVTA) has requested a change to the Joint Powers Agreement. Councilmember Klassen has become the President of the MVTA and noted that the major change in the agreement is that a member of each city's staff will become a member of the Technical Work Group and is the alternate for that city's commissioner with voting privileges in the commissioner's absence. Rick Pearson, Assistant to the Planning Director is Rosemount's member of the Technical Work Group. MOTION by Willcox to approve the amended MVTA Joint Powers Agreement establishing the Minnesota Valley Transit Authority to be approved by the MVTA Board on March 24, 1993. Second by McMenomy. Discussion followed. The motion and second were withdrawn. MOTION by Willcox to approve the amended MVTA Joint Powers Agreement establishing the Minnesota Valley Transit Authority to be approved by the MVTA Board at the next regular meeting. Second by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Planning Director Freese presented a request from USPCI to revise the Zoning Ordinance in order to allow the disposal of coal ash from power plant facilities. Staff is recommending that Barr Engineering be hired to provide technical assistance in the review of this request and that USPCI reimburse the City for these expenses. 1 1 MOTION by Willcox to authorize Barr Engineering to provide technical services as outlined in the March 12 1993 letter from Barr Engineering and require USPCI to reimburse the City for said expenses, and if not, the request will not go forward. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by McMenomy to adjourn the meeting. Second by Staats. Council was in agreement, the meeting was adjourned at 10:30 p.m. ATTEST: /0 Jilk, Cit! Administrator The City Council Agenda Packet is Clerk's File 1993 -12. Respectfully submitted, eJ Linda Jentink, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 16, 1993 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 1993 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on April 6, 1993 at 7:30 p.m. in the Council Chambers at Rosemount City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats, and Klassen present. Also present were staff members Wasmund, Freese, Osmundson, Walsh, Bechtold, Knutsen and City Attorney Mike Miles. Mayor McMenomy led the group in the Pledge of Allegiance. Additions and corrections to the agenda included adding 3.(f) Tree City Award and pulling 3.(c) Chamber of Commerce, Government Action Committee. New Police Officer Stephen Beberg was introduced to the City Council by Police Chief Knutsen. Officer Beberg was welcomed by the Council. In the absence of SOAR representative Kevin Carroll, Councilmember Klassen and City Administrator Jilk updated the City Council on the status of the Dual Track Planning process and Environmental Review Procedures by the Metropolitan Airports Commission. Planning Director Freese advised Council that the Metropolitan Council has accepted the Major Guide Plan Amendment, Update 2000 for review without requiring any more information. They will now proceed with the 90 -day review period which should be complete by June 22, 1993. Freese also advised that the Metropolitan Council had approved the Minor Guide Plan Amendment for the Mosquito Control Commission's land use designation change from agricultural to industrial. Police Chief Knutsen advised the Council that because of a shortage of radio frequencies in Hennepin and Ramsey counties, the Metropolitan Council has been studying the feasibility of a shared radio system throughout the Twin Cities area called the 800 MHz Trunk Radio System. Because of the projected $73,000,000 cost and because Dakota County's current radio frequencies are adequate, Knutsen advised that the Dakota County Police Chief's Association opposes the proposed radio system. Parks Recreation Director Bechtold presented to the City Council the Tree City USA plaque. Rosemount was one of twenty nine cities in the state to receive the award. Mayor McMenomy thanked Dave and staff for the good work. Councilmember Willcox requested that item 4.(p) Safety Procedures Manual be pulled from the Consent Agenda so that he may discuss certain sections of it with Lieutenant Kuhns. MOTION by Wippermann to approve the consent agenda as amended. SECOND by Klassen. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 1993 City Administrator Jilk advised that the 145th Street Reconstruction project was back on the agenda to reconsider a revised project which would include the reconstruction of 145th Street from Shannon Parkway to Chile Avenue and the realignment of the Chili- Chippendale intersection. City Engineer Osmundson informed the Council that the land acquisition for the intersection realignment could delay construction by a month, otherwise the schedule as shown could be met. He also stated that MSA funds will cover the cost of land acquisition. Police Chief Knutsen reviewed with Council safety issues and the number of accidents that have occurred on 145th Street. Mayor McMenomy stated that he did not want to call for the Public Hearing if there was not four votes to carry an approval of the project. He felt that Council had all the facts and just needed to make a decision and any further consideration by calling for a Public Hearing without the four votes was wasting everyone's time. After considerable discussion, Mayor McMenomy polled the Council and found that their was consensus among four councilmembers to continue with the project and call for the Public Hearing. Staff advised the Council that more property appraisals would be ordered. MOTION by McMenomy to adopt a resolution calling for a Public Hearing on 145th Street improvements from Shannon Parkway to Chile- Chippendale Avenue, the realignment of Chile Chippendale intersection and Chile Avenue from 145th Street to the north terminus, City Project #235. SECOND by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: Willcox. MOTION by Klassen to approve legal fees to the Law Firm of Fluegel, Moynihan and Miles as submitted in the amount of $15,101.19. SECOND by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: McMenomy. Councilmember Klassen requested that the City Council hold a special meeting with other City commissions and committees to discuss various issues and topics. Concerns were raised that the council was not in a position to do service to these committees because of the difference of opinions among the Council. Another concern was the lack of an agenda with specific items to discuss. Staff was directed to contact the commissions and committees and request specific topics for discussion and then bring it back for council consideration and to set a date. MOTION by McMenomy to direct staff to contact the members of the commissions and committees for determining a meeting date and topics and issues to discuss with the City Council. SECOND by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. City Administrator Jilk presented to the council a proposed draft of a "Community Comment Card." He suggested that 2000 cards should be printed and advised that the cost would be about $220.00 per thousand. Councilmember Willcox requested that all 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 1993 building permit customers receive the "comment card" instead of the suggested one in every ten. MOTION by McMenomy to approve the establishment of the Rosemount Community Card, the process to utilize it and the funding as outlined in the City Administrator's memo of April 1, 1993. SECOND by Willcox. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: 0. City Engineer Osmundson led a brief discussion regarding the Intermodal Surface Transportation Efficiency Act (ISTEA) Enhancement Funds application which is a federally funded transportation improvement program. Councilmember Klassen will be writing the application for the grant which would be used for enhancing Highway 3 from 143rd Street to the Armory /Community Center with a bituminous path, decorative lighting and landscaping. MOTION by Willcox to approve the funding application for the Intermodal Surface Transportation Efficiency Act (ISTEA). SECOND by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by Klassen to approve the hiring of Lacelle Cordes as the Parks Programmer at a salary of $9.61 per hour effective April 7, 1993 and Wendy Foreman as the Assistant. Athletic Program Director at a salary of $8.16 per hour, effective April 7, 1993, subject to Ms. Foreman passing a pre employment physical. SECOND by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: 0. City Administrator Jilk requested that the City Council consider a change order request to fund a portion of the cost to brick parts of the lobby of the Armory /Community Center. He advised that the cost would have to be born by the State and the City since it is a "local" cost. He also advised that the City's cost would be half of the $19,000 or $9,500. Discussion followed regarding the exact location of the areas to be bricked and consensus was reached that the entire lobby area should be of the same design. MOTION by Willcox to approve the change order to add brick to the lobby area of the Armory with the City paying half of the cost or $9,500. SECOND by Wippermann. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: 0. Councilmember Willcox advised that he had received complaints regarding rabbits and cats straying into neighbor's yards resulting in damage to gardens. Willcox and Public Works Director Wasmund did not feel that the applicable ordinance should be amended to include the control of rabbits, but other options should be explored to try to solve the problem. Police Chief Knutsen suggested that residents should be advised to call ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 1993 property damage report if they the police department to file a incur damage to their property. Mayor McMenomy proclaimed April 12 through April 16, 1993 as "National Building Safety Week." City Administrator Jilk briefly updated the City Council on the progress of the Community Center project and the hiring process of the Community Center Manager position. He also advised that members of the new Community Center Commission had been named. Members, and the organizations they represent, include George Souders, RAAA; Ron Pederson, RAHA; Rita Gundacker, School District #196; Jon Ryan, Rosemount High School student; Lee Knutson, Chamber of Commerce; Marion McNearney, Senior Adult Advisory Council; Linda Ladzun, Parks Recreation Committee. MOTION by Staats to approve the list of candidates to be appointed to the Community Center Commission as submitted. SECOND by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: 0. MOTION by McMenomy to adjourn to a closed executive session to discuss union negotiations with the police union, LELS. SECOND by Willcox. Ayes: 5. Nays: 0. Meeting adjourned at 9:30 p.m. By unanimous consent the regular meeting was reconvened following a closed executive session held by Council to discuss police union negotiations. MOTION by Klassen to approve the two -year contract with Law Enforcement Labor Services, Inc. according to the conditions submitted by the City Administrator in a memorandum dated April 1, 1993. SECOND by Staats. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: 0. MOTION by McMenomy to reconsider the motion for approval of Item 4.(j), Set Public Hearing for Chippendale Avenue Improvements, Project 191. SECOND by Klassen. Ayes: Willcox, Wippermann, Staats, Klassen. Nays: 0. Abstain: McMenomy. MOTION by McMenomy to adjourn. SECOND by Staats. Ayes: 5. Nays: 0. 4 Respectfully submitted, V� Deborah Widstrom Recording Secretary 1 1 ATTES ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 6, 1993 Step an Jil City Admin3'strator The City Council Agenda Packet is Clerk's File 1993 -14. 1 1 ROSEMOUNT CITY PROCEEDINGS CLOSED EXECUTIVE SESSION APRIL 6, 1993 Pursuant to due call and notice thereof a special closed meeting of the City Council of the City of Rosemount was duly held on April 6, 1993, at 9:30 p.m. in the Council Lounge. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present. Also present were City Administrator Stephan Jilk and Administrative Assistant Susan Walsh. The purpose of the meeting was to review the settlement reached between city staff and police union representatives who have been attending negotiation sessions for settlement of a new two year contract for 1993 and 1994. City Administrator Stephan Jilk reviewed the contract proposal with the members of the City Council. Following discussion of the proposed changes, Council unanimously agreed with the items contained in the contract proposal dated April 1, 1993. By unanimous consent, the City Council adjourned and reconvened the regular city council meeting in order to take action for approval of the police union contract. ATTEST: E.B. McMenomy Mayor Respectfully submitted, usan M: a sh Administrative Assistant ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1993 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 20, 1993 at 7:30 p.m. at the Rosemount City Hall in the Council Chambers. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, Staats and Klassen present. Staff present were: Aker, Bechtold, Freese, Jilk, Knutsen, May, Osmundson, Pearson, and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the group in the Pledge of Allegiance. Additions to the agenda included 5.d) Leroy Mullikin Lot Division and 12.a) Metropolitan Council Consideration of MUSA Moratorium. Consent Item 4.j. Fund Transfers /Budget Amendments was pulled for discussion under New Business Item 10.e. The Rosemount Chamber of Commerce President Diane Pinkert, reported on a meeting held April 6, 1993 with area business people. They presented to Council an updated list of the businesses belonging to the Chamber which is now 80°% of all area businesses. Executive Director of the Northern Dakota County Chambers of Commerce Dan Aberg said the Town Meeting of April 6 brought out three areas of concern: 1) government, 2) sense of community, and 3) Chamber business issues. The first concern in government was communication. Aberg suggested "one stop" shopping for City Hall services requested by business owners. The City of St. Paul has recently adopted this program allowing one city staff person to direct the complete needs of a request. Aberg noted that a renewed partnership and new found respect between city government and businesses can be developed. Councilmember Klassen was happy to see discussion by Rosemount businesses taking place. She indicated that the Chamber members and the work done by the city and citizens' groups do have common ground in regard to the downtown area. Similar ideas stated by the Chamber have already been discussed in a citizens' attitude survey, by the University of Minnesota Design Team, by the Town Green Committee and the Downtown Soaping Committee in regard to bike paths, street soaping, light and sense of community. Federal funds are being sought for this. Klassen would like to present the information of past and current committees that have been gathered to the Chamber of Commerce, and Klassen also mentioned that councilmembers do take an interest in Chamber meetings by attending the Saturday morning meetings and the monthly luncheon. Klassen noted that one item listed under government concerns was trust, and this lends to the idea of possible retaliation by city staff with building code violations, etc. Any idea that this may occur must be eliminated and open discussion is one way to do it. City Administrator Jilk noted that John Miller, Economic Development Coordinator, is the person hired to work on economic development issues and his office is already designated to help 1 1 business and potential developers. Councilmember Willcox said Miller is excellent for business developers but residents of Rosemount need assistance in the form of "one stop" shopping from other departments as well. Silk said then possible additional staff may be required and clarification of who in each department would be available. A report to the Council on how this idea can be developed will be presented by the City Administrator at the May 4th meeting. Mayor McMenomy called for a four minute break at 7:56 p.m. Mayor McMenomy opened the Public Hearing for the Tom Thumb Center Rezoning Petition by owner Mr. Markos Chouliaris. The recording secretary verified that the affidavits of mailed, posted, and published notice of the Public Hearing were on file. Assistant Planner Richard Pearson reviewed the Tom Thumb Center rezoning request. The request was to change from Convenience Commercial (C -1) zoning to Community Commercial (C -2) zoning. The C -2 zoning is typically seen along Highway 3 and 145th Street in the older downtown area. The Planning Commission reviewed this and concluded that the suburban character be maintained near Chippendale Avenue, Dodd Boulevard and 145th Street and therefore, the Commission recommended to deny the petition. Pearson noted that alternative processes available to Mr. Chouliaris for expansion of his business would be a zoning text amendment, a variance, or a PHD application at the time when he has a complete design prepared. Attorney Reid Hansen represented Mr. Chouliaris. Hansen said Chouliaris started his restaurant business, T.O.P.S., in August 1990. Since then Chouliaris has purchased the Tom Thumb Center, moved his family here, and runs a good family style business. Hansen requested City Council to defer action tonight because of the six month period required before another petition could be brought before the Planning Commission. Klassen noted that the zoning request may be premature since Mr. Chouliaris does not plan to expand for two or three years and does not have a design plan. Planning Director Lisa Freese requested that Council take action now since other procedures are in place that would work as well but still have controls to protect the residents, land value, and city plan. Freese noted that staff should be directed to investigate the parking issues for that property. MOTION by McMenomy to close the Public Hearing for the Tom Thumb Center Rezoning Petition. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by McMenomy to table action on the Tom Thumb Center Rezoning Petition by Mr. Chouliaris. Second by Willcox. Ayes: McMenomy, Staats, Willcox, Wippermann. Nays: Klassen. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1993 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1993 MOTION by Willcox to direct staff to take ninety days to review the Tom Thumb Center expansion request. Second by McMenomy. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for the Shannon Pond PUD, Preliminary Plat, and Rezoning. The recording secretary verified that the affidavits of mailed, posted, and published notice of the Public Hearing were on file. Planning Assistant Pearson reviewed the Planned Unit Development by Hampton Development Corporation for Shannon Pond. The Preliminary Plat was revised because of a 120 foot wide strip of property owned by another developer which could not be acquired. Development of this two acre strip of land and the eight acres of property south of it were not included in this Preliminary Plat. The Planning Commission recommended approval of the Shannon Pond Development. MOTION by McMenomy to close the Public Hearing for Shannon Pond PUD, Preliminary Plat, and Rezoning Petition. Second by Klassen. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE SHANNON POND CONCEPT PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: Willcox. MOTION by Wippermann to authorize execution of the Planned Unit Development and Master Subdivision Agreement. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: Willcox. MOTION by Wippermann to adopt Ordinance No. B -27, AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: Willcox. Council discussed the possibility of the southern portion of this land not being desirable for development and that some future Council will have to deal with that. Condemnation does not clearly meet "public purpose" requirements in this area because the condemnation would need to include areas that were outside the storm sewer easement. The Hampton Development Corporation noted that the two parcels together (ten acres) would not be that difficult to develop. Willcox requested commitment from Hampton Development Corporation for removing the storm sewer pipe or to escrow money to insure it will be taken care of. Hampton motioned that they would. However, Attorney Miles counseled that since Hampton Development Corporation didn't own the easement property, they would not be obligated to maintain it. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1993 Mayor McMenomy noted that Council was to look out for the "public good" but legally there was no recourse at this time. McMenomy did acknowledge Hampton Development Corporation and Broback Builders for their financial commitment by building in Rosemount. Mayor McMenomy opened the Public Hearing for the Chippendale Avenue Improvements, Project 191. The recording secretary verified that the affidavits of mailed, posted, and published notice of the Public Hearing were on file. City Engineer /Assistant Public Works Director Bud Osmundson presented an overview of the Chippendale Avenue Project. There are three property owners to be assessed. The Water Core Funds will pay $9,115 of the cost which leaves $182,857 to be assessed. The original project was presented June 5, 1990 at a Public Hearing. Mayor McMenomy vacated his chair to Acting Mayor Wippermann because this Public Hearing involves his home site property Acting Mayor Wippermann called for comments from Council and the audience. Attorney John Burns, representing all property owners regarding Project 191 noted that the benefit incurred to the value of the property would be far less than the assessed amount. His clients are opposed to the method used to assess these properties and in regard to dividing the cost on a per acre basis inappropriate. State law requires that the appraised benefit must match or surpass the assessment cost to a property owner. MOTION by Wippermann to close the Chippendale Avenue Improvements Project 191 Public Hearing. Second by Willcox. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: None. Absent: McMenomy. MOTION by Willcox to forgo any action on Chippendale Avenue Improvements Project 191 until the appraisals are received. Second by Klassen. Discussion ensued. Appraisals are for determining benefit. Motion and second were withdrawn. MOTION by Willcox to direct city staff to get an appraisal for all involved properties on the Chippendale Avenue Improvement Project 191. Second by Klassen. Ayes: Willcox, Wippermann, Staats, Klassen. Nays: None. Absent: McMenomy. MOTION by Wippermann to adopt A RESOLUTION APPROVING CHIPPENDALE AVENUE IMPROVEMENTS, CITY PROJECT 191. Second by Klassen. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: None. Absent: McMenomy. MOTION by Willcox to table any further action on assessments for Project 191. Second by Wippermann. Ayes: Staats, Klassen, Willcox, Wippermann. Nays: None. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1993 Mayor McMenomy resumed his chair and opened the Public Hearing for 145th Street Reconstruction Project 235 at 10:20 p.m. The recording secretary verified that the affidavits of mailed, posted, and published notice of the Public Hearing were on file. City Engineer Bud Osmundson presented Project 235 which would include the reconstruction of 145th Street West from Shannon Parkway to Chile Avenue, plus the realignment of the Chili /Chippendale Avenue intersection, plus the reconstruction of Chili Avenue from 144th Street northerly to the high school property line. Appraisals of the property have been ordered. A reference had been made to an agreement with the School District on the maintenance of Chili Avenue after 1959 when Chili was reconstructed, however, no paper work has been found to support this by either the City or the School District. Many residents responded against the Project, siting the assessment amount would not increase the value of their homes, that the School District should be responsible for some costs since the school bus traffic has made the street wear out long before neighboring streets, and 145th Street is no longer a "residential" street but a busy connector street. These reasons make the Project undesirable. Some residents who spoke against the project were: Mr. Ken Gist, Mr. Todd, Mary Hynes (represented by her son), Mr. Heinen, Mr. Carroll, John Wetterhom, and other unidentified people. Suggestions were made to cal -de -sac Chili or make Chili Avenue able to bear higher tonnage loads for school buses. Osmundson noted that Chili Avenue will be constructed for heavier weight traffic. Osmundson said that Connemara Trail, north of the Armory /Community Center will be a connector street when continued to Highway 3 and could provide another exit from the high school. This would draw more traffic away from 145th Street also. MOTION by McMenomy to close the Public Hearing on the 145th Street Reconstruction, Project 235. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by McMenomy to adopt A RESOLUTION FOR THE APPROVAL OF 145TH STREET IMPROVEMENTS FROM SHANNON PARKWAY TO CHILI CHIPPENDALE AVENUE, THE REALIGNMENT OF CHILI- CHIPPENDALE INTERSECTION AND CHILI AVENUE FROM 145TH STREET TO NORTH TERMINUS. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: Willcox. Motion carried. MOTION by McMenomy to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR 145TH STREET IMPROVEMENTS FROM SHANNON PARKWAY TO CHILI CHIPPENDALE AVENUE, THE REALIGNMENT OF CHILI CHIPPENDALE INTERSECTION AND CHILI AVENUE FROM 145TH STREET TO NORTH TERMINUS. Second by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: Willcox. Motion carried. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1993 MOTION by Willcox to adjourn the meeting. Willcox suggested continuing the meeting tomorrow evening. Motion died for lack of a second. Cathy Busho, a member of the Jaycee's presented $15,000 to City Council for cable casting equipment to be used for the City Council meetings and possibly other commission meetings by June, 1994. This is start -up costs and Council agreed to proceed with the purchase. Councilmember Willcox left the meeting at 11:10 p.m. MOTION by Wippermann to accept the $15,000 donation from the Rosemount Jaycees for the purchase and installation of cablecast equipment and to direct the City Administrator to work with city staff to acquire cost estimates and procedural information for Council to decide on whether to proceed, and determine what process to follow. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: None. Council and City Administrator Jilk thanked Cathy Busho and the Jaycees for their community pride and involvement. Busho presented donations to the Community Center, Carroll's Woods, and other programs. Rick O'Geara from SKB Environmental, Inc. reviewed his company's intent to purchase the compost site from Richard Pecar and the Joint Powers of the Cities of Lakeville, Apple Valley, Rosemount, and Farmington. SKB Environmental owns two other compost sites in Minnesota. The cities involved would be able to continue to operate the compost site in Lakeville as before. City Attorney Miles said the contract was in order. MOTION by Wippermann to approve the assignment agreement to transfer the agreement for operation of the Joint Powers Yard Waste Facility from R. D. Pecar to SKB Environmental, Inc. and authorize the Mayor and City Clerk to sign on behalf of the City. Second by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: None. Mayor McMenomy presented Leroy Mullikin whom has had difficulty obtaining a lot division. He has had $5000 in expenses to this point partly due to a 20 foot parcel that was given to him from a neighboring developer. Staff recommends further surveying to finalize all lot lines and then the Board of Appeals of Adjustment can examine it further. City Council directed staff and Attorney Miles to get further information to present at the next City Council meeting. Councilmember Klassen said the Minnesota's State Senate has approved $30,000 for the International Ringette Tournament to be held in March, 1994. This is being co- sponsored by South St. Paul and Rosemount and some events will be in our new Community Center Arena. There will be an estimated 2000 people attending t 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1993 this and Rosemount businesses are expected to "gear up" for the event. The Bill has to be passed through the House and signed by the Governor. MOTION by McMenomy to approve the Consent Agenda not including Item 4. j. Fund Transfers /Budget Amendments. Second by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: None. Public Works Director Ron Wasmund reviewed the Connemara Water Tower site purchase and easement agreements. MOTION by Wippermann to concur with the expenditure of funds made by the Utility Commission in the acquisition of the Connemara Water Tower site in the amount of $25,856 from the Water Core Funds. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: None. Finance Director Jeff May presented to Council the need for an additional person for the Deputy Registrar position. This would be a part -time position. Saturday's 9:00 a.m. to 12:00 p.m. opening of the Deputy Registrar's window is also being considered. Mayor McMenomy, Councilmembers Klassen and Wippermann said they had talked with many residents and were surprised at the number that do use the service provided by the Deputy Registrar's Office for vehicle tabs and DNR registrations. It is a service Rosemount would not like to lose. MOTION by Klassen to approve the job description for the position of Deputy Registrar Clerk, the hiring process for this position, and the points and salary range as outlined in the attached Finance Director's memo dated February 23, 1993. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Klassen. Nays: None. Councilmember Staats questioned staff on the Storm Water Utility Fund transfer shown in the Budget Amendments. It was clearly shown that the funds were for staff time reimbursement for services on the Storm Water Utility set up. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE AMENDMENT OF CERTAIN 1993 BUDGET ITEMS for the General Fund and the Storm Water Utility Fund as outlined in the attached memo. Second by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: None. MOTION by Wippermann to approve the fund transfers per the April 20, 1993 memo. Second by Klassen. Ayes: Staats, Klassen, Wippermann, McMenomy. Nays: None. The Rosemount Methodist Church has filed a petition for the vacation of the public right -of -way which extends south from Lower 147th Street to their south property line. The church desires to improve and expand their parking lot. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 20, 1993 MOTION by Klassen to set a Public Hearing for vacation of certain Right -Of -Way on May 18, 1993 at 8:00 p.m. Second by Wippermann. Ayes; Klassen, Wippermann, McMenomy, Staats. Nays: None. MOTION by McMenomy to set Public Hearing of Eminent Domain on May 18, 1993 at 8:00 p.m. Second by Klassen. Motion and second withdrawn. MOTION by McMenomy to adopt A RESOLUTION OF THE CITY COUNCIL OF ROSEMOUNT, MINNESOTA DIRECTING CONDEMNATION OF LANDS NEEDED FOR PROVIDING SEWER SERVICE TO THE NATIONAL GUARD ARMORY AND COMMUNITY CENTER PRESENTLY BEING CONSTRUCTED IN ROSEMOUNT, MINNESOTA. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: None. MOTION by Staats to authorize staff to proceed with negotiations for a Deferred Assessment Agreement for payment on an installment basis with the Kelly Trust for Project 194. Second by Wippermann. Ayes: Staats, Klassen, Wippermann. Nays: None. Abstain: McMenomy. Motion carried. City Administrator Jilk testified at a Special Metropolitan Council meeting called Monday, April 19, 1993 along with many other suburban communities. Metropolitan Council had intended to put a moratorium on all MUSA expansions. This would in effect push development back into the inner city. A motion was passed instead to continue the interim permitting and no moratorium was placed on the MUSA expansions. MOTION by McMenomy to adjourn the meeting. Second by Staats. Council was in agreement, the meeting was adjourned at 12:57 p.m. Respectfully submitted, ATTES Step an Jilk, c ity Administrator Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1993 -15.