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Home My WebLink About1992 UC Minutes�ity of Rosemount *HONE (612) 423.4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423.5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS UTILITY COMMISSION MINUTES Sheila Klassen JANUARY 131 1992 James ry w llcox Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on January 13, 1992 at 6:30 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Member Mulhern, Public Works Director Wasmund, Finance Accountant Korpela and Recording Secretary Dorniden present. President Walsh asked for any additions or corrections to the agenda. None were added at this `'time. MOTION by Walsh to approve the minutes of the December 9, 1991 Regular Utility Commission meeting with the spelling correction mentioned. SECOND by`Mulhern. Ayes: 2. Nays;: 0. The first item under Olt Commission as an update. the Commission that the Mir. • Commission had approved al before Council for adopti( Council had received a last objecting to the third fran was jeopardizing their ter Minnegasco Franchise,pendin to finalize what is already Gas voiced their objections prior to the January 9, "19S • siness was brought back to the Lc Works Director Wasmund apprised sco Franchise Agreement, which the e December' 9, 1991 meeting, went t 'their January 7, 1992 meeting. zte letter from Peoples Natural Gas in Rosemount because they felt it ry. Council tabled action on the jal counsel. Minnegasco just wants existence. In 1`989 Peoples Natural Rosemount City Officials and again eting.l President Walsh feels that if designated areas are set up, allowing Minnegasco a franchise should not interfere with Peoples or N.S.P. territories. It's just a matter of denying permits if they want to intrude into anothers territory. Public Works Director Wasmund was to bring back the final copy of the Procedures and Policy for Water Billing Procedures. The way the policy is set up it is an easy reference for both Staff and the general public. As expressed at the last meeting, a section mentioning rates was added at the end so it would be clear to the public that the rates are set out in a resolution annually. It is clearly stated that the Commission, through the Bylaws and Ordinance governing the Utility Commission, has the authority to approve the procedures and policies without Council approval. (Sveryihings (90m,ing `up RosemounlY UTILITY COMMISSION MINUTES JANUARY 131 1992 MOTION by Walsh to approve the new policies and procedures governing Water Bill Procedures, Policy Number WB -1, effective immediately, and as a matter of courtesy send a copy to the City Council for their information. SECOND by Mulhern. Ayes: 2. Nays: 0. Public Works Director Wasmund apprised the Commission that the final document of the Storm Water Utility is going to the City Council so they may call for a Public Hearing. Council still has questions regarding Agricultural, Undeveloped, Cemetery, Parks, Golf Courses - basically open spaces. There are concerns about service level in these areas, especially by farmers. The ASCS is a program that is monitoring farmers. Farmers feel they would be taxed twice. Staff is still working with figures for the Council to show what revenue will be based on connection charges, revenue, etc. Staff also showed a comparison of different cities with the • storm water utility in place. President Walsh feels the numbers for east versus west will have problems balancing. Changes must be provided so that the charges are equal to the benefit received, but everyone should contribute. The public hearing will be scheduled on January 21, 1992 at 8:00 p.m. Finance Accountant Korpela asked the Commission if this utility fee can be certified on property taxes. Public Works Director Wasmund assured her it would be the method of collection, just as the water and sewer bills. It is an enterprise fund for the City. Finance Accountant Korpela then inquired as to where the $4.88 figure came from for the storm water utility as a single unit. Why can't it be rounded off? Again, Public Works Director Wasmund briefly acknowledged this is not a set figure. No policy has been set and this comment will be taken into consideration to round off to the nearest dime. President Walsh announced that the Lakeville City Council will start talking about Storm Water Utility in February. Barr Engineering is going to be doing their analysis also. E r: UTILITY COMMISSION MINUTES JANUARY 13, 1992 Public Works Director Wasmund explained the new subdivision, West Ridge 4th Addition, to the Commission as far as where it is located and who is involved with the project. The temporary lift station serving Wensmann's additions will be eliminated and as a result of the West Ridge 4th Addition. President Walsh was surprised to hear there was a lift station in Wensmann Addition, he had never heard of one being installed. Public Works Director Wasmund stated that once West Ridge 4th is developed the sewage will be running on gravity and not have to depend on the temporary lift station. Public Works Director Wasmund will see that the Commission gets a copy of the feasibility report by the next regular meeting. Shannon Hills 3rd Addition is being brought to the Commissions attention as a new subdivision exactly as the map shows it. This addition backs up to Carrolls Woods. Public Works Director Wasmund • will see that the Commission receives a feasibility report as soon as they are completed. Public Works Director Wasmund apprised the Commission at their last meeting about the offer made to purchase Sunrise Builders Property. The new Mayor has expressed concerns and desires as related to this purchase. Staff is yet not aware of what the status is of this purchase. MOTION by Walsh to adjourn. SECOND by Mulhern. Ayes: 2. Nays: 0. Meeting was adjourned at 7:40 p.m. Respectfully suk;mitted, Cindy Dorniden Public Works Secretary 3 • CITY OF ROSEMOUNT POLICY TITLE: POLICY NUMBER: WATER BILLING PROCEDURES WB -1 PROPOSED BY: UTILITIES COMMISSION DATE APPROVED BY COMMISSION: JANUARY 13, 1992 1) OWNERS RESPONSIBILITY: Water bills are the responsibility of the property owner! Therefore, AU accounts will be put in the property owners name. Meter reading cards and water bills will be sent directly to property owners. This policy shall apply to all owners regardless of City or State of residence. It shall be the responsibility of the property owner to obtain meter readings and submit to the City of Rosemount on or before due dates. It shall also be the responsibility of the owner to remit payment for billings on or before due dates. In all cases the property owner is considered the customer. owner shall be defined as person, persons, agencies or company ,Property listed at the Dakota County Assessor's Office as the taxpayer on a lot or parcel of property within the City of Rosemount. Please call the Public Works Department at 322 -2022 When you need the following utility Services: A. NEW WATER ACCOUNTS - We need to know the name, address and the telephone number of the customer so we can set up the utility account. B. MOVING IN i MOVING OUT (FINAL BILLS) - We need to have one of our utility maintenance personnel come to the home and take a final meter reading prior to the moving day, so please schedule it early. A minimum of 24 hour notice is required, please call during working hours Monday through Friday, 7:30 a.m. to 4:00 p.m. We will need to have the customers forwarding address so we can mail the final bill. We need to have the new customers name before we can take it out of the current listing. C. WATER i SEWER MAINTENANCE - If customers are having some kind of problem with their water meter; would need to have their water service shut off while repairing lines or valves; or, any other type of water or sewer problems, after consultation with plumber. D. DOOR TAGS - If customer has received a door tag, please call the Public Works Department as soon as possible. 4 lease call the Finance Department at 322 -2032 when you need the following Knformation: A. Any questions /concerns regarding meter reading cards or water bills. B. Status of water and sewer accounts. 2) METER READING CARDS: Meter Reading Cards will be mailed out to all customers on or before March 1st, June 1st, September 1st, and December 1st. These cards must be returned by the 15th(or the nest working dap after the 15th) of that same month. If the 15th falls on a weekend or a holiday, the next working day will become the due date, and that date will be the date that shows up on the card as the due date. Customers are required to read their own water meters and return their meter reading cards. Meter cards not received by the I'due datell of the month, which is the deadline date(see "Drop Boxes and Mail" below), will cause a $5.00 penalty to be billed to the account and that customer will receive an estimated water bill. 3) WATER BILLS OR STATEMENTS: Water Bills will be mailed out to all customers on or before January 1st, April 1st, July 1st, and October 1st. These bills must be paid by the •20th(or the nest working day after the 20th) of that same month. If the 20th falls on a weekend or a holiday, the next working day will become the due date, and that date will be the date that shows up on the card as the due date. Customers will not be allowed to make monthly payments without penalties or to write post -dated checks and hold them for a couple of days prior to depositing them. The City will deposit water bills on a daily basis. Any unpaid balances that are not receive by the '$due datell of the month, which is the deadline date(see "Drop Boxes and Mail" below), will result in a past due notice, which will include a penalty. • 4) PAST DUE NOTICES: Past due notices will be sent out approximately 2 to 3 working days after the 11due datell, which allows time to process them. Past due notices are sent out to any customer with an outstanding account. The penalties for past due accounts are calculated at 10% of the total current water balance, 10% of the total current sewer balance, and 10% of the total current surcharge balance. If a past due notice is received and has already paid the bill in full, including any Penalties, the past due notice can be disregarded. 2 .5) DROP BOXES AND MAIL: The City has three drop box locations for the public to use for Meter Reading Cards and Water Bills. They are as follows: (1) Inside South Robert Square(N.W. corner of 145th Street & South Robert Trail); (2) An island drive up box in the lower level parking lot of City Hall; and (3) A drop box near the front doors in the upper level parking lot at City Hall. Cards and bills can also be mailed to the City of Rosemount, P.O. Box 510, Rosemount, MN 55068. Keep in mind the mailing time needed: It must be received by the 11due datell, not postmarked by that date!! It has to be received on or before the close of the business day that is the "due date" printed on the meter reading card or the water bill. The City does empty the drop boxes and pick up the mail every morning of the week, Monday through Friday at 9 :00 a.m. In regards to "due dates ", the contents of the drop boxes picked up and the mail received on the next working day after the 91due datell, which will be 9:00 a.m., will be the last items considered to be turned in #'on time@'. Any meter reading cards or payments put in the drop boxes or received in the mail after that time will be penalized. The City will no longer be accepting through the front reception area at water bills must be put directly in the City of Rosemount Staff. !6) RATES meter reading cards or Mater bills City Hall. All meter reading cards or the drop box by the customer and not Water and sewer rates shall be established on an annual basis by resolution recommended by Utility Commission and adopted by City Council. 3 �iiY of Rosemount *PHONE (612) 423 -4411 2875 • 145th Street West, Rosemount, Minnesota FAX (612) 423 -5203 Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068 -0510 UTILITY COMMISSION MINUTES FEBRUARY 10, 1992 MAYOR Edward B. McMenomy COUNCILMEMBERS Sheila Klassen James (Red) Staats Harry Willcox Dennis Wipperrnann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on February 10, 1992 at 6:33 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Member Mulhern, newly appointed Commission Member Oxborough, Public Works Director Wasmund, City Administrator Jilk, Finance Accountant Korpela and Recording Secretary Dorniden were present. The reorganization of the Utility Commission was the first item of business. City Administrator Jilk swore in new Commission Member John Oxborough. President Walsh opened nominations for Commission President. Commission Member Mulhern nominated Joseph Walsh. Second by Commission Member Oxborough. President Walsh called for any other nominations. is MOTION by Oxborough to close the nominations and cast a white ballot for Joseph Walsh as President of the Utility Commission. SECOND by Mulhern. Ayes: 3. Nays: 0. President Walsh called for any additions or corrections to the agenda. Public Works Director Wasmund added Item 8b.- Contract for architectural services for the re -roof of Well Houses. City Administrator Jilk added Item 6e.- Hawkins Pond Appeals and Condemnation of 1 st Baptist Church Property. • MOTION by Walsh to approve the minutes of the January 13, 1992 regular Utility Commission meeting. SECOND by Mulhern. Ayes; 3. Nays: 0. Public Works Director Wasmund presented the feasibility report to the Commission for West Ridge 4th Addition. He explained, in detail, the estimated costs within the report and also answered the Commissions questions regarding the project. President Walsh asked why the portion now labeled the 5th Addition was taken out of the 4th. Public Works Director Wasmund apprised him that the developer felt the market is not stable and they would not be able to cover the streets and utilities as one entire project. Commission Member Oxborough asked what would be happening to the lift station in the Wensmann Addition since it will be eliminated. Public Works Director Wasmund informed the Commission that since the lift station is owned by Wensmann Properties, but is maintained by the City for an annual cost, the pump and electrical controls will be pulled and turned back over to Wensmann Properties. MOTION by Walsh to accept the feasibility report for West Ridge 4th Addition as presented 'and place it on file. SECOND by Oxborough. Ayes: 3. Nays: 0. i6verylkings (90ming `ULb RosemouvdY • UTILITY COMMISSION MINUTES FEBRUARY 10, 1992 MOTION by Walsh to approve Project #223, West Ridge 4th Addition Street and Utility Improvements and request City Council order the project. SECOND by Mulhern. Ayes: 3. Nays: 0. Public Works Director Wasmund presented the feasibility report to the Commission for Shannon Hills 3rd Addition. He explained, in detail, the estimated costs within the report and answered the questions the Commission had regarding core facility costs, sidewalks (ie. Why sidewalks are in just certain areas? and, Why concrete over asphalt ?). He apprised the Commission the project is feasible and recommended their approval. Commission Member Oxborough expressed a need for more information regarding the sidewalks. Public Works Director Wasmund explained that when a sidewalk is 5' wide it is generally concrete, however if it is 8' wide it would be bituminous. Either way they are usually in a 15' boulevard or right -of -way and State statue provides that adjacent property owners are responsible for maintenance of. • MOTION by Walsh to accept the feasibility report for Shannon Hills 3rd Addition as presented and place it on file. SECOND by Mulhern. Ayes: 3. Nays: 0. MOTION by Walsh to approve Project #225, Shannon Hills 3rd Addition Street and Utility Improvements and request City Council order the project. SECOND by Oxborough. Ayes: 3. Nays: 0. Public Works Director Wasmund apprised the Commission of a complaint he had received from Jack Ryan of Genz -Ryan Plumbing and Heating regarding the billing practices based on meter size. Mr. Ryan was present and spoke to the Commission on the fairness and equitablity of this policy. He feels his past years civic duty should be taken into consideration since he use to let the Fire department draw water from this. Public Works Director Wasmund informed the Commission that Mr. Ryan was given the option of removing the meter and stopping the service, however he appeared unwilling to do this or didn't want to do this. Staff didn't have the power to change the billing policy. Irrigation meters pay minimum amounts in the winter when they aren't using any water at all and they have to pay the minimal amount. If the Commission would allow Mr. Ryan concessions, Public Works Director Wasmund feels that would set a precedent and they would be have to allow minimal users a break. Mr. Ryan felt he would be incurring an expense of $700 -800 a year. City Administrator Jilk pointed out that the amount would only be around $200.00 not the $700 -800. Mrs. Ryan asked about having two surcharges. Commission apprised Mrs. Ryan for each metered service their is a surcharge. Mr. Ryan conceded that the reasons he wanted the minimum dropped was for personal interest, however after the explanations of policy he could see where the problems could • arise. President Walsh encouraged Mr. Ryan to pull his meter if he uses it only to give 2 UTILITY COMMISSION MINUTES FEBRUARY 10, 1992 water to friends. The City does have the capacity to pump and sell bulk water at Well #3. The Commission advised Mr. Ryan to contact the City when he decides he wants the meter pulled and the water shut off. Public Works Director Wasmund presented a memo from City Administrator Jilk regarding the merging of the Utility Commission and Cable Commission. Under the City Code Chapter 4 "Public Utilities Commission ", their is a section which could be amended to include the Cable Commission as responsibilities of the Utilities Commission. City Administrator Jilk advised the Commission that after reviewing the State statute nothing would restrict the Council from revising the ordinance giving the Utility Commission authority over the Cable utility. President Walsh mentioned that a couple of the Council Members had talked to him regarding this issue. Commission Member Oxborough asked how the meetings would be structured. Anything to do with cable would be listed on the Utility Commission Agenda under whatever category it would need to be on fie. Old • Business, New Business, Presidents Report, etc.) City Administrator Jilk gave the Commission a brief update of two Hawkins Pond appeals which won in the courts because the benefit of the Hawkins Pond Project was not proven. He also apprised the Commission that the 1 st Baptist Church is also appealing the offer for lands taken for Hawkins Pond. During condemnation they were offered $37,000 for all the easements and were awarded $40,000. President Walsh expressed concern for Twin Puddles now that it has been legally declared a storm water holding pond, what about the park? City Administrator Jilk implied since it is public purposes it would be alright to remain a park. Public Works Director Wasmund explained the need to the Commission to have a "backup" water test kit. The last report back from the State showed a high level of bacteria. The test kit we have is not EPA approved and also in order to send it out for repairs it would take 5 to 6 weeks to get it back. MOTION by Walsh to approve the purchase of a MC1600 Reagent Kit, for testing water, in an amount not too exceed $495.00. SECOND by Mulhern. Ayes: 3. Nays: 0. President Walsh explained the different tests that have to be run to new Commission Member Oxborough. Public Works Director Wasmund asked the Commission to consider the purchase of a test bench for water meters in the 1993 C.I.P. The cost of the device is $1,600.00 and it was figured the number of meters tested versus the cost would be recuperated over 2 -3 years. • The tanks for the bench would cost around $2,700. Public Works Supervisor Widstrom 3 • • UTILITY COMMISSION MINUTES FEBRUARY 10, 1992 apprised the Commission that now we are sending the meters to Eagan or Apple Valley and they test them at their leisure. The results we get back are only a percentage. We have nothing to prove how the test was administered. Commission Member Oxborough asked about the calibration of the tanks. They are set unless something should be broken. The bench Staff is interested in is only a single bench. Public Works Supervisor Widstrom stated there are adapters available for larger meters. Public Works Director Wasmund reiterated that we don't have a budget for 1992 as of yet, that is why Staff is asking for consideration for the 1993 C.I.P., however if it could be worked into the 1992 that would be alright also. Right now Staff is just asking for a single bench and two tanks. Commission Member Mulhern asked that Staff check the price between a single meter bench and a double meter bench. Public Works Director Wasmund apprised the Commission that Staff would get a firm quote from Water Products for the budget discussion. Public Works Director Wasmund enlighten the Commission as to the current method the Staff uses when pulling a lift station pump out of the pits. A new crane which would definitely improve the safety conditions would cost $2,085.00 from LaHass. Public Works Supervisor Widstrom informed the Commission that there is a crane on the Utility truck, however it only will lift up to 6 feet. There are too many steps and room for error having to lift over the 6' height. President Walsh feels this should be taken from the Sanitary Sewer Core fund since it would be used strictly for pulling the lift stations. MOTION by Walsh to authorize the purchase of a truck crane from LaHass in the amount of $2,085.00 as stated in Public Works Supervisor Widstroms memo of January 24, 1992 and have the expenditure come from the sanitary sewer core fund if possible. If not possible make sure it is in the 1992 budget. SECOND by Oxborough. Ayes: 3. Nays: 0. President Walsh expressed concerns over the Hawkins Pond decision as in regards to Twin Puddles Park. Storm water holding ponds require minimal amount of maintenance, however the maintenance will be coming out of the Storm Water Utility once that is adopted. How could storm water utility be responsible for park maintenance? Public Works Director Wasmund hadn't taken into consideration the storm water utility taking care of parks. President Walsh suggested two options be followed: 1) Limit any kind of permanent improvements in Twin Puddles Park or any other park which also has a storm water holding pond; and, 2) Parks and Public Works should discuss how to share and purchase land for joint use within the entity. Public Works Director Wasmund apprised the Commission that right now anything above high water mark can be used as a park. He also advised the Commission that it should be discussed before it becomes a problem. 4 • UTILITY COMMISSION MINUTES FEBRUARY 10, 1992 Public Works Director Wasmund apprised the Commission about the Public Hearing which was held on the Storm Water Utility. There were roughly about ten residents in attendance for the public hearing. The greatest concerns expressed were over the Agricultural land. Staff was directed to edit the document and bring it back to Council with the updated figures. Public Works Director Wasmund also felt that the policy would probably be adopted as the Council agreed to the concept of the policy. President Walsh asked that the Utility Commission get a second look at the final draft before it goes back to Council. Commission Member Mulhern was at the Public Hearing and he definitely feels it should come back to the Commission before it goes to the Council again. Tentatively a special meeting will be held on February 26, 1992 pending Commission Member Mulhern checking into his schedule. Public Works Director Wasmund let the Commission know that Well House #3 and #6 need re- roofed. He is getting bids for the re- roofing of the Fire Hall and thinks it would be a • good idea to add the well houses as alternates. The two bids received were just for the architectural services for the roofs. An equal distribution of funds would be made to cover these costs. President Walsh and Commission Member Mulhern felt the quote was pretty expensive, however if split proportionately with Fire Hall it might not be so bad. MOTION by Walsh to authorize Staff getting bids for the re -roof of Well Houses #3 and #6 and have the cost of the bids be proportionately divided between the buildings according to size. SECOND by Mulhern. Ayes: 3. Nays: 0. • Public Works Supervisor Widstrom spoke to the Commission regarding the Joint Powers Agreement for Lead and Copper testing. According to the agreement, the City would only have to advertise for seven homes because Public Works Supervisor Widstrom has already arranged for 32 homes out of the 40 required. The other cities are Burnsville, Apple Valley, Lakeville, Northfield and Savage. Since the testing is mandatory it is being brought before the State to pay for the testing. Public Works Supervisor Widstrom will keep Public Works Director Wasmund and the Commission apprised of any new developments he hears of. MOTION by Walsh to adjourn. SECOND by Mulhern. Ayes: 3. Nays: 0. Meeting was adjourned at 8:30 p.m. 5 Respectfully submitted, &A &M"wo Cindy Dorniden Public Works Secretary �iiy of gosemount *HONE (612) 4234411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 4235203 Mailing Address: Edward B. MoMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats Special Utility Commission Meeting Harry Willcox Dennis Wipperrnann February 26, 1992 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Special Utilities Commission Meeting of the City of Rosemount was duly held on February 26, 1992 at 6:22 p.m. in the Upper Level Conference Room of the City Hall. President Walsh called the meeting to order with Commission Members Mulhern, Oxborough, City Administrator Jilk, Public Works Director Wasmund, City, Engineer Osmundson and Recording Secretary Dorniden present. The purpose of the special meeting is to discuss the Storm, Water Utility, Cable Rate Increase and Bylaws for the Commission. Public Works Director Wasmund led the Commission in a detailed discussion relating to the Storm Water Utility. The Commission went through the proposed draft of the Storm Water Utility page by page. ` It was agreed; by all that a page defining terminology would be needed within the text, also formula's on how figures were • reached should be included within document. Exemptions were also discussed in detail. All Commission Members agreed that the policy is not yet ready to go before the City Council and that the final draft of the policy should be presented back to the Commission at the March 9 1992 regular meeting with final action to be taken at the March 17, 1992 regular Council meeting. City Administrator Jilk apologized for having left the last meeting due to a conflicting meeting, then proceeded to let the Commission know that he feels they shouldn't let the fact that Star Cable has violated their franchise agreement go. He apprised the Commission that he can have the City'.: Attorney write a letter letting Star know that they are in violation and that the City is aware that they are in violation. All Commission Members agreed to this letter. President Walsh apprised the Commission that Lakeville is also on top of Stars actions and aren't letting up either. City Administrator Jilk informed the Commission that through his investigation he has found no Bylaws for the Utility Commission, just the Ordinance establishing it. President Walsh had some minor revisions to the Bylaws as presented by City Administrator Jilk. First in Article V referring to the City Clerk as taking the minutes at the meeting, this should be in conjunction with the Ordinance stating that a Secretary shall be appointed by the Executive Director. In Article IX, Order of Business, #7 reads Public Works Director Report, however in the capacity of the Utility Commission the Public Works Director is referred to as the Executive Director, thence #7 should read Executive Directors Report. President Walsh also had comments about Article VII, Section 1 regarding regular meetings being set. City • Administrator Jilk recommended leaving this Article as stated. Some discussion followed this. President Walsh asked about the Statutes governing the Utility 6verylkings (90ming `UJ6 RosemounlY 0 lKytbd'piper • Special Utility Commission Meeting February 26, 1992 Commission and how many votes it would take to abolish the Commission. City Administrator Jilk had a copy of the Statute in his possession and it did read 15% of the electoral voters would be needed to abolish the Commission. MOTION by Walsh to approve the Bylaws of the City of Rosemount Public Utilities Commission as corrected by the Commission and recommend that the City Council adopt them. SECOND by Oxborough. Ayes: 3. Nays: 0. MOTION by Mulhern to adjourn. SECOND by Walsh. Ayes: 3. Nays: 0. Meeting was adjourned at 9:20 p.m. Respectfully submitted, • Cindy Dorniden Public Works Secretary 0 2 �iiy of Rosemount *HONE (612) 423 -4411 2875 - 145th Street West, Rosemount, Minnesota FAX (612) 423 -5203 Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068 -0510 UTILITY COMMISSION MINUTES MARCH 9, 1992 MAYOR Edward B. McMenomy COUNCILMEMBERS Sheila Klassen James (Red) Stasts Harry Willcox Dennis Wipperrnann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on March 9, 1992 at 6:30 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Member Mulhern, City Engineer /Assistant Public Works Director Osmundson, City Administrator Jilk, Finance Accountant Korpela and Recording Secretary Dorniden were present. President Walsh called for Korpela added Item 7c. -A Star Cable and a resident MOTION by Walsh to Commission meeting. MOTION by Walsh to app Commission meeting. SECII MOTION by Walsh to apr Rosemount Cable Commiss Nays: 0. City Administrator Commission that Commission. Jilk the Commission Member additions or corrections to the agenda. Finance Accountant tment Billing Form, City Administrator Jilk added Item 7d.- (n Cope asked that Item 7e. -Twin Puddles Park be added. re the minutes of the February 10, 1992 regular Utility D by Mulhern. Ayes: 2. Nays: 0. re the minutes of the February 26, 1992 special Utility D by Mulhern. Ayes: 2. Nays: 0. ,e the final' minutes of the February 10, 1992 regular meeting as corrected. SECOND by Mulhern. Ayes: 2. d the final draft of the Storm Water Utility explaining to the as revised according to the direction given them by the Oxborough joined the meeting. City Administrator Jilk apprised the Commission that the "Example Ordinance" had been eliminated from the policy and reference to the policy is made in the actual Ordinance. City Administrator Jilk apprised the Commission that City Engineer Osmundson rewrote most of the document they have before them. President Walsh inquired as to whether there was a description written to explain how the rates were derived at. City Engineer Osmundson indicated which pages covered the necessary items. MOTION by Walsh to recommend the City Council approve the Storm Water Utility Policy with the corrections made to the draft for adoption at the March 17, 1992 regular Council meeting. SECOND by Mulhern. Ayes: 3. Nays: 0. City Engineer Osmundson updated the Commission on the mandated water quality testing for lead and copper.' He wanted to assure the Commission that there is no lead in our • supply or distribution. Some of the homes that would be prone to having lead within their systems would be homes built before 1986 which used lead on the solder connections. 6verylkings (9oming ` J6 Rosem.ounlY A `? lKVCIBd p8per • UTILITY COMMISSION MINUTES MARCH 9, 1992 Forty (40) homes will be targeted for sampling. The State is offering no funding as of yet for this program. Public Works Supervisor Widstrom was in attendance to answer any questions the Commission may have regarding the program. He indicated he is receiving help from the Staff and Fire Department by volunteering their homes for the testing. The Federal Government has put Rosemount in a Tier 1 area which indicates the homes we sample have to be built between 1982 - 1986. President Walsh asked what the City would do if the residence have high levels of lead. Public Works Supervisor Widstrom indicated that out of the samples five (5) can be thrown out and then an average of the remaining thirty -five (35) would be used. The City will be helping to educate the public on how to flush their pipes correctly. The City has entered into a Joint Powers Agreement with nine (9) other cities for the testing. This should help with the expense. Bill Jorde, a resident of 14665 Biscayne Way, asked that the Commission review his Utility • bill. He feels he has been overcharged for the year of 1990 and unless some explanation can be provided, an adjustment should be made. After a brief discussion, President Walsh feels Mr. Jorde should meet with City Engineer Osmundson, Finance Accountant Korpela and Public Works Secretary Dorniden to get further explanation regarding his account. City Engineer Osmundson gave a presentation on Carrollton 4th Addition. He explained the grading plans, loop system, ponds and trails. Commission Member Mulhern asked for explanation on the direction of the storm sewer in alignment with the trail. President Walsh asked whose responsibility the bike trail would be and it was indicated by the City Administrator it would be the City's responsibility not the utilities. Commission Member Mulhern questioned the upgrading of a 6" sanitary sewer to an 8 ". City Engineer Osmundson responded that this upgrade was to accommodate up to three (3) lots outside the addition. Reference was made to the Uitdenbogerd property and how an agreement was made with them for easements in exchange for hooking up to sewer and water. MOTION by Walsh to apprise the City Council that the Utility Commission has reviewed Carrollton 4th Addition (Carrollton 2nd, Phase 6) PUD and finds the concept acceptable and has no problems with the plans. SECOND by Oxborough. Ayes: 3. Nays: 0. President Walsh added a few more comments regarding the trail trade off for core charges. City Engineer Osmundson will check on the option and put it in memo form for the Commission. Finance Accountant Korpela presented an "Adjustment Billing Form" which the Finance Department feels will enable them to track adjustments more efficiently for an audit trail. 0 2 • UTILITY COMMISSION MINUTES MARCH 9, 1992 She wants it stipulated that residents would have to sign the adjustment form and not just be able to call on the phone and expect an adjustment. MOTION by Walsh to concur with the Finance Department not to accept verbal readings over the phone. SECOND by Mulhern. Ayes: 3. Nays: 0. MOTION by Walsh to adopt a policy that the Finance Department will not accept a meter reading adjustment from a resident unless the resident and a City employee has signed the "Adjustment Form ". SECOND by Oxborough. Ayes: 3. Nays: 0. Harry Willcox, a resident in the audience, felt the City would have a problem with people coming in to sign this form and that the City would have to extend their hours to accommodate these people. President Walsh asked if the forms could be mailed out for signature. Finance Accountant Korpela has no problem with mailing out forms, however, it will be the residents responsibility to sign and return. No adjustment will be made until • this form has been received. She feels this will make the resident stop and think before they write down a wrong reading. She explained to the Commission there are several residents who abuse the reading process. Star Cable was added to the agenda because a form had been received from Star asking the City to explain why they had free service and which kinds of service they were receiving. Public Works Secretary Dorniden was directed to send the form back apprising Star the service the City is receiving is documented in the Franchise Agreement. At the beginning of the meeting Arlyn Cope, a resident of Rosemount, asked that Twin Puddles be placed on the agenda. President Walsh asked Mr. Cope his concerns. At this time Harry Willcox, a resident of Rosemount, approached the Commission and explained his and Mr. Copes' court case regarding appeals to the Hawkins Pond project assessments. He felt formal action should be taken to have Twin Puddles listed as a holding pond. He feels since the Judge has awarded their cases and called it a holding pond that a resolution should be adopted designating its primary usage as a holding pond and the secondary usage is a park area. President Walsh informed Mr. Willcox that he nor the Commission has seen the actual findings from the Courts and that Staff should do some research and see what the title shows for the property and how the property is classified. He also apprised Mr. Willcox that the City Council would have to recommend or resolve the usage of the property. The Utility Commission can only recommend in a case such as this, however the City Council would need the same clarification as the Utility Commission before making such a determination. President Walsh informed the Commission that his own personal opinion would be not to allow recreational use on the property. City Administrator Jilk advised the Commission to the facts that Public Works Director • 3 • UTILITY COMMISSION MINUTES MARCH 9, 1992 Wasmund did an initial investigation through the Grannis law firm. In 1975 Don Darling, then City Clerk, entered into an agreement on behalf of the City to purchase the two (2) lots known as Twin Puddles, from Brobacks, in the sum of $ 1.00. It is designated as use for any public needs, whether that need be parks, playground or storm water holding. The Judges order didn't say it should be used for a holding pond alone. Mr. Willcox however did apprise the Commission that it was determined his and Mr. Copes property is draining to Twin Puddles. City Administrator Jilk implied a determination would have to be made regarding the land for multiple uses. The Commission agreed. MOTION by Mulhern to have Staff review as previously discussed, the letters and statements from the courts system, for a determination of all multiple use areas. SECOND by Walsh. Discussion on the above motion was held. City Administrator Jilk believes more direction needs to be given as to what the Commission is asking for. Commission Member Oxborough asked if joint use has been a problem in the past, also which budget maintains the multi -use areas. It was felt by all that a joint meeting should be conducted with the Parks Committee to discuss the item of multi -use areas. Poll of the original motion was taken. Ayes: 3. Nays: 0. Commission Member Oxborough brought up the curbstop in the sidewalk on Lower 147th Street just west of Apco. It is standing up about 4" and could be quite hazardous. Public Works Supervisor Widstrom will have it taken care of. MOTION by Walsh to adjourn. SECOND by Oxborough. Ayes: 3. Nays: 0. Meeting was adjourned at 8:40 p.m. Respectfully Submitted, Cindy Dorniden Public Works Secretary • 4 (Pity of (Rosemount *HONE (612) 4234411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 4235203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats UTILITY COMMISSION MINUTES " Wi Dennis s Wipperm nnann April 13, 1992 ADMINISTRATOR Stephan Jilk • is Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on April 13, 1992 at 6:31 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Members Mulhern, Oxborough, City Engineer /Assistant Public Works Director Osmundson, and Recording Secretary Dorniden were present. President Walsh called for Osmundson added Item 7d MOTION by Mulhern to apprc Commission meeting. SECOND The first item on the agenda Budget. President Walsh ask Commission and indicate anu corrections to the agenda. City Engineer on Community Square Volunteer Committee. tes of the March 9, 1992 regular Utility ►yes 3. Nays 0. ding the 1992 Utility Operating to go over the budget with the City Engineer Osmundson apprised the Commission that Finance Director May had added a depreciation item of $ 130,000, which was not included last year, however no other significant changes or additions were included: Commission Member Oxborough questioned the $ 10,000 transfer figure for repairs on the water tower. ` President Walsh informed Commission Member Oxborough that the $10,000 is very minor for repairs to any water tower. City Engineer Osmundson stated that once the 'Commission gets into the 1993 Budget it will have several additions to be considering such as the eastern water and sewer study and a maintenance program supported by computer software. He also explained that Public Works Director Wasmund isn't asking for action this evening, however any comments the Commission has regarding the 1992 Operating Budget would be appreciated before the May 11, 1992 meeting. President Walsh inquired as to if the Council has established a fund to put the franchise fee received by Star Cable into. MOTION by Walsh to request the City Council establish a fund to collect Star Cable Franchise Fees for further expenditures of cable projects. SECOND by Oxborough. Ayes: 3. Nays: 0. The 4th Annual Minnesota Telecommunications Conference is being held in Brooklyn Park. President Walsh explained that typically City Administrator Jilk tries to attend at least one of the sessions. 6verylking's (Poming `UJ6 RosemounlY L' UTILITY COMMISSION MINUTES April 13, 1992 MOTION by Walsh to authorize expenditure for at least one (1) Staff member to attend the 4th Annual Minnesota Telecommunications Conference. SECOND by Oxborough. Ayes: 3. Nays: 0. MOTION by Walsh to renew the annual membership fee of $150.00 for the Minnesota Association of Cable Television Administrators (MACTA) and correct their mailing list for the newsletter. SECOND by Mulhern. Ayes: 3. Nays: 0. The City of Lakeville sent correspondence to the City of Rosemount regarding the possible use of a mobile production van or other remote multi- camera production equipment. President Walsh doesn't feel the City needs to concern themselves at this time since the City is not active in the access channel, however he does feel that City Administrator Jilk or some other Staff member should attend the meeting scheduled for May 5, 1992 at 8:00 a.m. • City Engineer Osmundson apprised the Commission that he had a request from Enron (Northern Natural Gas) for a permit to install a 12" high pressure pipeline to Koch Refinery. After further investigation it was noted that their company does not have a franchise within the City of Rosemount, plus none of the State requirements have been completed, such as an application to the Environmental Quality Board (EQB). City Engineer Osmundson stated he feels the City should request a legal opinion from the City Attorney regarding the Franchise Agreement since the situation is a little unusual. Enron does not sell gas within Rosemount, however it does sell gas to Peoples Natural Gas, a franchisee of Rosemount. President Walsh reiterated that the districts for the gas companies were laid out a few years ago and if Enron would come in the possibility of negotiating with Minnegasco and Peoples Natural Gas may come up since a franchise agreement isn't in place for them. • Dennis Werkmeister, the Field Supervisor regarding right -of -way for Enron, spoke briefly apprising the Commission that his company is regulated by the Federal Law and not the State. His company has not dealt with the EQB, however he does know that the EQB would make recommendations to the Federal level regarding the transport. The Commission again stated they want to protect the territories of the other utility companies that are franchised within the City and the City should definitely acquire legal assistance on this matter, possibly a secondary franchise would be made up. MOTION by Walsh to request the City Attorney look into the necessity of a Franchise Agreement, and get together with Staff and the other Franchise holders to apprise them of his findings. SECOND by Oxborough. 2 • UTILITY COMMISSION MINUTES April 13, 1992 Discussion followed the motion as to whether a study would be needed to construct and maintain a system through the east side of Rosemount. MOTION by Walsh to amend the previous motion to include other outside permit regulations and the reviewal by EQB. SECOND by Oxborough. Poll taken on the first motion - Ayes: 3. Nays: 0. Poll taken on amended motion - Ayes: 3. Nays: 0. MOTION by Walsh to have City Staff meet with the City Attorney to see how to proceed regarding a Franchise Agreement with Enron and also to set a joint meeting with the other Franchisors and Enron on May 11, 1992 or sooner. SECOND by Mulhern. Ayes: 3. Nays: 0. • President Walsh apologized for not inviting the members of the audience to speak regarding the Franchise matter, but being a unique situation he wants the attorney to handle it first. City Engineer Osmundson had information regarding a proposed permit fee for utility companies. He explained how the fee would not cover the cost of processing the applications, however it will help defray cost somewhat. Research shows that surrounding communities do collect such a fee. President Walsh and the Commission Members feel the proposed permit fee, however a good idea, really should be directed to the City Council because it is best related to the Engineering Department for their time. This fee would be protecting City right -of -ways and easements. City Engineer Osmundson apprised the Commission that he and Public Works Supervisor Widstrom attended another joint powers meeting regarding the lead and copper testing. Since our percentage rate of response to volunteers is down other cities suggested offering a $10.00 rebate on their water bills or some other kind of incentive to have these residents volunteer. The Commission has no problem with this type of approach. President Walsh mentioned the State may be having a $5.00 connection type fee required to be payable to the State for this testing. More information should be available by the May 11, 1992 meeting. President Walsh informed the Commission he didn't think the Storm Water Utility Policy should be denoted as approved by the Utility Commission. He feels the recommendation from the Utility was just a recommendation to the City Council to approve the Policy. It might be semantics however he wants his feelings known. President Walsh wants to know who sets up the budget for this account, who approves the budget and who can take money out of the budget? City Engineer Osmundson wasn't sure where President Walsh • 3 • • • UTILITY COMMISSION MINUTES April 13, 1992 was going with his questions, however the fund wouldn't have anything in it right now. The projects which would be taken from this fund would be first bonded for and then be paid back from the fund. The Commission took a break at 7:30 a.m. President Walsh reconvened the meeting at 7:35 p.m. City Engineer Osmundson passed out a copy of the adopted Ordinance regarding the establishment of a storm water utility, rates to be charged and administration thereof. President Walsh raised the question as to if the budget for the Storm Water Utility Fund has to be adopted. Discussion regarding the budget and the use of funds followed. City Engineer Osmundson explained that the funds, such as for Project #197, Valley Oak Pond Outlet, has been bonded for and with this policy in place it will not be levied on the property owners taxes, but will come out of the storm water fund. The Commission was in agreement that if they are responsible for the set up and administration of the fund, then the projects need their clearance before the budget can be passed. Too many assumptions are being placed on "all" projects. The Commission had a copy of the Agreement the University of Minnesota had prepared for the take over of the rural water system. President Walsh made his concerns known as to several of the items within the Agreement. Miscellaneous costs involved with the system were not covered within the Agreement. President Walsh feels that Staff should not agree to the Agreement. He feels that the original Staff and Council Members are no longer here that were involved with this initial Agreement. More research should be done before the City proceeds with the Agreement. A brief discussion followed regarding the University of Minnesota, Rosemount Research Center, water system. It was noted that they have their own system in place, however their major lines are the only ones which are currently being maintained. City Engineer Osmundson added the Park & Rec Department request regarding Erickson Community Square Committee. They had asked for representation of a Utility Commission Member for this volunteer committee. The next meeting is scheduled for April 20, 1992 at 6:30 in the Flower Garden as part of Town Green. The Commission Members were averse to volunteer on a full -time basis, however between Commission Member Oxborough and Mulhern they should be able to attend most of the meetings if notified. President Walsh declined to sit on the Committee. 0 r UTILITY COMMISSION MINUTES April 13, 1992 City Engineer Osmundson brought up the different Franchise Agreements stating that Dakota Electric Associations agreement is up in 1995. He also asked the Commission about the yearly insurance certificates and required safety classes that are mentioned within the franchise agreements. Staff will check into the insurance certificates and the attorney will look into other matters as when the time comes for renewal everything will be in order. MOTION by Walsh to adjourn. SECOND by Mulhern. Ayes: 3. Nays: 0. Meeting was adjourned at 8:25 p.m. Respectfully submitted, • Cindy Dorniden Public Works Secretary • 5 �iiy of gosemount HONE (612) 423.4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068.0510 COUNCILMEMBERS Sheila Klassen James (Red) Stasts UTILITY COMMISSION MINUTES Harry Willcox Dennis Wippermann May 11, 1992 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on May 11, 1992 at 6:30 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Members Oxborough, Public Works Director /Building Official Wasmund, Finance Accountant Korpela, Park & Rec Director Bechtold and Recording Secretary Dorniden present. President Walsh called for any additions or corrections to the agenda. Public Works Director Wasmund asked that the Commission give the opportunity to Dave Bechtold, the Park & Rec Director, and Jerry Puciaty a member of the Park & Rec Committee to speak to the Commission. President Walsh listed it as Item 5d. Park & Rec Director Bechtold asked if they could be placed earlier on the agenda as he has another engagement. President Walsh could identify with Director Bechtold's request, however the first items on the agenda do take precedents. • MOTION by Oxborough to approve the minutes of the April 13, 1992 regular Utility Commission meeting. SECOND by Walsh. Ayes: 2. Nays: 0. Public Works Director Wasmund presented his recommendations and changes to the 1992 Utility Operating Budget.' He explained to the Commission how some of the new items were derived at, President Walsh questioned the budget in reference to the bench tester, chemical testing and computer update. ' Public Works Director Wasmund apprised the Commission these items were allowed in the budget. The computer update is within the C.I.P.' MOTION by Walsh to approve the 1992 Utility Operating Budget as presented at the April 10, 1992 memo. SECOND by Oxborough. Ayes: 2. Nays: 0. Public Works Director Wasmund made an overhead presentation on the 145th Street Reconstruction project and also touched on the Diamond Path Project, which the • County will be doing with the aid of Rosemount and Apple Valley. The 145th Street project will be constructing a water line and extending it to the properties on the north side of the road. Now the properties are serviced with sanitary sewer only. Storm sewer will be added with a 21 " concrete pipe. The Diamond Path project will mainly deal with surfacing and storm sewer. Storm water will drain to "Sample Pond ", out to a pipe under the shoulder then on to Birger Pond. Commission Member Oxborough questioned the water going down the shoulder. Public Works Director Wasmund explained the process of the right -of -way line and the edge of the ditch with piping to Birger Pond. President Walsh questioned where the money to be used for this project. He figured several projects which add up to more than the • Storm Water Utility income would come from. Public Works Director Wasmund reiterated about bonding and the direction from the City Council. Public Works i6verylking s (90ming `UJ6 Rosemounill 0 feCVCletl.- UTILITY COMMISSION MINUTES • May 11, 1992 Director Wasmund expressed his feelings of understanding to President Walsh, however this was explained within the two special meetings and one regular meeting when the storm water utility was being discussed. Public Works Director Wasmund presented a draft copy of a Joint Powers Agreement for Lead and Copper testing. The different cities have been meeting to evaluate the situation of the requirements of the lead and copper testing. This agreement will be handled much in the same way the cities handle seal coating, street sweeping and stripping. There will be a bidding process to see which lab can perform the services needed at what discounted cost. Public Works Director Wasmund reiterated the Commissions request to have the City attorney check into the Enron situation. On May 6, 1992 Staff met with the Enron Attorney, the EQB Attorney, Koch representatives and the City Attorney, Mike Miles. It was established that Northern Natural Gas is not working as a distributor, it is an interstate pipeline which is a vessel to convey gas to current sitings. President Walsh wondered about a franchise agreement with limited distribution. Dennis Werkmeister, a representative from Northern Natural Gas, apprised the Commission the 12" high pressure gas pipeline they want to install to Koch Refinery • is 4.5 miles long, would not encumber any public right -of -way, would all be underground except for a small 9x6 building that will house the meter. President Walsh asked if any other taps would be available, he's sure that farm taps could be made from this type of a line. No direct response to President Walsh's question was received. Jim Johnson, a representative from Koch Refinery, indicated that Koch is very pollution conscientious and are trying to comply with the Federal Clean Air Act. The purpose of this line would be to help reduce the sulfur burnoff from fuel oil. Public Works Director Wasmund indicated that the City would not issue the permit in the above case, Enron would have to get the permit from the State. The matter of the franchise will have to wait until direction from the City Attorney is received. The Commission feels clarification of action of the EQB and local authority should be addressed. Possibly the City could write up an agreement with the EQB that it would not object to this distribution line as long as it is used only for transportation of gas to Koch. Commission Member Oxborough asked if Peoples Natural Gas would ever be able to supply Koch with the type of high pressure they need. Roger Lee, a representative from Peoples Natural Gas, didn't really answer the question, he feels his company is being bypassed and that their franchise agreement is being disregarded. Peoples Natural Gas is the principle supplier for Koch and should have been called to sit on the meeting between the attorneys and the City. The attorney for Northern Natural Gas, Mike Ahern, explained that Northern Natural Gas values Peoples Natural Gas as on of their biggest and best customers and don't mean to take away their business. • 2 • UTILITY COMMISSION MINUTES May 11, 1992 Peoples Natural Gas has filed a lawsuit against Northern Natural with FERC, however the suit is still pending. President Walsh decided the City should let the attorneys determine what is going on and then act on the attorney's information. Dave Bechtold, Rosemount Park & Rec Director, and Jerry Puciaty, a member of the Park & Rec Committee, were in attendance to address the Utility Commission on the importance of working together for the betterment of the City. All the Commissions and Committees want what is best for the City of Rosemount and it is felt by the Park & Rec Committee that everyone needs to work together. One of the items, in particular, is the joint usage of properties owned by the City. Parks Director Bechtold mentioned the issue of Birger Pond and how the Commission shouldn't dwell in the past, but move ahead. He invited the Commission to attend any and all meetings of the Park & Rec Committee so they would be aware of what is going on. The Park Committee should also attend the Commission meetings or get information through Staff. Mr. Puciatys' main goal was to impress upon the Commission that we have one City to work with and we should all work together. President Walsh extended his appreciation to Mr. Puciaty and Mr. Bechtold for coming before the Commission and agreed that they should have been working together all along. It seems the Master Park Plan drove the wedge and drove the Committee and Commission apart. Now the Comprehensive Guide Plan will identify • any properties in question for us to work together on. Public Works Director Wasmund introduced Jack Richter, the manager of Rosemount Woods Mobile Home Park. Mr. Richter was representing management of Rosemount Woods with a plea to have their late penalty reversed since they were only five (5) days late. The Commission, although sympathetic with the situation, has to stand behind the policy set regarding late fees. Finance Accountant Korpela expressed concern that if the Commission should compromise that this would set a precedent for not only big consumers that are late, but also small consumers. The Commission agreed with this and although they would like to accommodate Rosemount Woods they don't want to set precedents. Finance Accountant Korpela explained the error which was made and the credit that was given to the Tom Thumb store. She further explained that Tom Thumb has two accounts in Rosemount and once they were told they couldn't apply the credit from the one onto the other they wrote a letter requesting their money be refunded. Finance Accountant Korpela further explained it has always been the Citys' policy not to refund credits until a final bill has been done. The Commission asked Finance Accountant Korpela to send the Commissions regrets however since it is common practice not to refund unless a final has been taken the Commission will uphold that policy. Public Works Director Wasmund reiterated the changes in the billing cycle the past couple years, plus the new meter replacement policy has allowed the City to be able to get actual readings and incur some rather large bills or some large credits depending if the readings weren't being read properly. 0 3 UTILITY COMMISSION MINUTES May 11, 1992 The next item of business on the agenda regarding a letter from the State Attorney Generals Office in reference to a complaint about Star Cable has the Commission perplexed as to why this was brought to their attention. The complainant is from Red Wing and not within the City of Rosemount jurisdiction. The City does not have jurisdiction over late fee within its Franchise Agreement with Star Cable. The Commission ask that City Administrator Jilk respond to the Attorney Generals letter, either by phone or in writing, and let them know that this is not within the City of Rosemounts' jurisdiction. Public Works Director Wasmund informed the Commission of a situation where Andrew Ostertag had bought a quad home in Winds Crossing back in 1983 and had his water straight piped up until recently. The Commission asked how something like this could happen and Mr. Wasmund informed them that our inspections were not as involved back then as they are now. Of course Mr. Ostertag doesn't feel he should be charged late penalties on the fee calculated to cover the last nine (9) years. He was billed at minimum rate. Finance Accountant Korpela explained that he will not be billed any penalties until after the 20th of July. In essence, Mr. Ostertag has illegally been using City water whether he was aware of it or not. This would be something he would have to investigate through his contractor. Public Works Director Wasmund explained that the State passed a $5.10 fee on all residents for the testing of water for lead and copper. The individual municipalities will be responsible for collecting this fee and making quarterly payments to the State. There are still a lot of unanswered questions regarding this program, which should be answered soon. The question of replacing residents water systems is one that may result if a high volume of lead is found. MOTION by Walsh to adjourn. SECOND by Oxborough. Ayes: 2. Nays: 0. Meeting adjourned at 9:00 p.m. Respectfully submitted, 0"V Cindy Dorniden Public Works Secretary 0 4 �iiy of Rosemount ,PHONE (612) 423 -4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats UTILITY COMMISSION MINUTES Harry x Dennis Wipper ipperrnann June 8, 1992 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on June 8, 1992 at 6:30 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Members Mulhern, Public Works Director /Building Official Wasmund, City Administrator Jilk, Finance Accountant Korpela and Recording Secretary Dorniden present. There were no additions or corrections to the agenda. MOTION by Walsh to approve the minutes of the May 11, 1992 regular Utility Commission meeting. SECOND by Mulhern. Ayes: 2. Nays: 0. Public Works Director Wasmund apprised the Commission the University of Minnesota is again asking the City to take over the ownership of the Rural Water System. The City has been operating the system since July of 1991. The City • Attorney, University of Minnesota Attorney, City Administrator Jilk, Dr. Fay Thompson of the University and Public Works Director Wasmund have met and all issues and concerns have been addressed The warranty on the system has been extended to five years and will be transferred 'over to the City once the documents are executed. President Walsh expressed concern if all records have been kept and also if anyone in the City; of Coates is hooked up to the system. The end of the distribution line is the hydrant at the Rosemount border. City Administrator Jilk reiterated that the City of Coates was involved in the planning and Coates Council did not proceed with hooking up. President Walsh indicated that the Commission had never received test results and wondered if the results were favorable. Public Works Director Wasmund indicated all testing had been performed by Delta Environmental and had come back alright. Public Works Director Wasmund apprised the Commission that all restorative work had been done and all the bugs had been worked out of the supervisory control system. The City does have the asbuilts on file. Dr. Fay Thompson of the University of Minnesota was in attendance. She informed the Commission that they could have the system tested within the next week before the Agreement goes to the City Council. The Commission was in agreement with that. President Walsh questioned if Item #7 of the Agreement had been complied with. Public Works Director Wasmund apprised the Commission that the University has complied with all items, and to date has paid any outstanding operating costs the City has billed them for. The cost of operating this type of system will be more than operating the municipal system, however, City Administrator Jilk explained the preliminary budget, having the Dakota County Technical College on the system, will • help defray the operating cost so that the residents can pay the same rates as. other customers within the City. Commission Member Mulhern feels the City should send 6veryihtng s �ovntng `(JL,¢ 90sem.ouni ll 0 wvC� wPff C� UTILITY COMMISSION MINUTES June 8, 1992 a letter and conduct a neighborhood meeting to explain to the residents the billing process and required minimum payment. There was unanimous agreement. Public Works Director Wasmund informed the Commission that the system consists of two (2) drilled wells, a pumphouse with pump and controls and a hydrostatic tank. The storage is within the pressure tank. This type of system does require a higher level of maintenance. The elevated tank on the University's property will serve as fire protection for the Technical College and for the University of Minnesota property. There is no fire fighting capacity within the current rural system. MOTION by Walsh to recommend the City Council accept the Rural Water System and execute the Agreement between the University of Minnesota and the City of Rosemount. SECOND by Mulhern. Ayes: 2. Nays: 0. Finance Accountant Korpela presented a few changes to the Utility Billing • Procedures, which the Commission had no problem with. MOTION by Walsh to approve the changes in the Utility Billing Procedures as outlined in the memo dated June 4, 1992 by Finance Accountant Korpela. SECOND by Mulhern. Ayes: 2. Nays: 0. Public Works Director Wasmund presented a Joint Powers Agreement between the City of Rosemount, City of Apple Valley, City of Eagan, City of Faribault, City of Farmington, City of Lakeville, City of Northfield, City of Prior Lake, City of Savage and the City of Burnsville. Along with the agreement was a bid tabulation for testing services. This Agreement will allow the various cities to take advantage of a lower cost of testing. MOTION by Walsh to enter into a Joint Powers Agreement for Lead and Copper Testing and award the contract for the testing to Minnesota Valley Testing Laboratories having the Mayor and City Clerk execute the necessary documents. SECOND by Mulhern. Ayes: 2. Nays: 0. President Walsh altered the agenda at this time to move into New Business. He explained to the Commission he's had a phone call from Dick Heinen, a property owner with rental property. The property he owns has been rented out to a senior citizen, Sally McDonald. Ms. McDonald has been on the Senior Exemption plan for water billing since it was initiated. With the change in policy making the property owner responsible for the water bill the criteria for the exemption is not being met as the senior must reside at the residence and be responsible for the bill. President • 2 • UTILITY COMMISSION MINUTES June 8, 1992 Walsh now is questioning if the City can use age as a determining factor for a senior citizen or if this would be some form of discrimination. He wondered if the City should ask for clarification from the State Attorney General's office. City Administrator Jilk apprised the Commission the City could ask the City Attorney, Mike Miles, for an interpretation on this ruling. Our Assessment Deferment Policy regards age, income or hardship. President Walsh explained to Ms. McDonald that no decision could be made tonight. Helen Duff, also a resident of Rosemount, informed the Commission she didn't understand why they can't allow senior exemptions that are already inplace. President Walsh explained they have no control over renters and with the property being in the property owners name they would have no knowledge if a senior citizen was there or not. Ms. McDonald asked why she couldn't be "Grandfathered" in. If someone abused the system why couldn't we shut them off. Public Works Secretary Dorniden explained we have alternative methods for collecting delinquent • billings, such as certifying them on property taxes. Public Works Director Wasmund reiterated what had been stated regarding the policy changes and suggested that legal counsel be sought so the City may comply with the State law. President Walsh wanted Ms. McDonald to know he is on her side, however policy does have to be followed. Legal counsel will be consulted and then the subject will be readdressed. President Walsh thanked Ms. McDonald and Mrs. Duff for expressing their views and bringing this matter to the Commissions attention. City Administrator Jilk reiterated what was in his memo regarding the Armory Site Utilities. He wanted it understood by the Commission that he didn't want a commitment from them at this point he just wants to inform them of the options they have been presented and the estimated cost of each option. After the Commission has had time to review all the options, possibly more discussion could take place next. President Walsh asked why the businesses aren't being assessed on the water service. City Administrator Jilk informed the Commission that the Port Authority has committed to moving the businesses out, however the east side of Highway 3 should be assessed if water goes under Highway 3. The City doesn't want to go under the highway unless it's requested. The sanitary sewer service being recommended is Option B listed in the feasibility study. The storm drainage is still under investigation as there are a number of options regarding storm water, from collecting and ponding on site to being brought over to Erickson Park in the natural ponding area that is designated for storm water. Any option is physically possible it's the cost comparison and best option to consider. Commission Member • 3 UTILITY COMMISSION MINUTES June 8, 1992 Mulhern turned the discussion back to the water line in the future Connemara Trail alignment. This would provide better fire protection not only for the Armory but for the school. It would provide a loop connecting the 12" line. Developers are looking at the Kelly and Daley property along with the realigning of Dodd Road so this 12" line could be hooking to the 16" line. Commission Member Mulhern said it would be best to plan for the loop now since U. S. Homes has no other way to go but east. City Administrator Jilk apprised the Commission that the City is not meeting with U. S. Homes, however the development scheme for the entire parcel is being addressed. President Walsh agrees that the Commission has to support the different options to supply funding to make the Armory project work and Commission Member Mulhern agrees that Core Funds shouldn't be the only supplier. They both agreed that the people who would benefit should bear some of the assessment. City Administrator Jilk also apprised the Commission that to move the businesses would probably cost the City around $400,000. Public Works Director Wasmund had to excuse himself from the meeting at this time. MOTION by Walsh to recommend the City Council approve the three (3) fund transfers as presented to the Commission. SECOND by Mulhern. Discussion followed regarding if it was necessary for these transfers to come before the Commission or if they have to be approved by the Council. City Administrator Jilk apprised the Commission that it isn't necessary to have the Council approval if the Commission approves the transfers. MOTION by Walsh to amend the above motion and have the Utility Commission approve the transfer of funds as presented. SECOND by Mulhern. Ayes on original motion: 2. Nays: 0. Ayes on amended motion: 2. Nays: 0. As advised by the City Attorney, the Commission went into a "Closed Session" regarding litigation on Star Cable at 7:59 p.m. The Commission reconvened after "Closed Session" at 8:26 p.m. President Walsh discussed Section 31 -Sewer Diversion as it relates to the Comprehensive Guide Plan amendment. This would transfer sewage flows from Rosemount to the Empire plant. Portions of Section 31 have been going there already, however the City of Lakeville also uses this plant so our usage isn't as cut and dry as we'd like it. to be. Commission Member Mulhern expressed his concern • UTILITY COMMISSION MINUTES June 8, 1992 about the situation since he was not here in the early 1980's when discussions with Met Council over our sewered population projections began. President Walsh explained the hiring of Dean Johnson to help straighten out situations like this and how it was worked out to send the sewage to the Empire plant. There has been constant discussion with the Metropolitan Council over our changes in the Comprehensive Guide Plan. City Administrator Jilk apprised the Commission that we've been on record with the Met Council since 1985 regarding the growth rates and have been consistent with our projections since 1980. The City has to have Met Council look at an interim improvement since it would be 1997 before a new plant could come on line. Since there is a major sewer trunk line in Rosemount, progress usually follows trunk lines. A separate MUSA was established on the eastern side of Rosemount at Koch's request. Koch has their own wastewater treatment and can handle their capacity and load. Discussions have taken place to connect Koch and other potential new industries to the Waste Treatment Plant. • Public Works Secretary Dorniden apprised the Commission that the letter regarding the policy change regarding property owners responsibility for water bills was mailed out May 28, 1992. The letter regarding the Storm Water Utility is scheduled to be mailed out just prior to the July 1, 1992 utility billings. MOTION by Walsh to adjourn. SECOND by Mulhern. Ayes: 2. Nays: 0. Meeting adjourned at 8:44 p.m. Respectfully submitted,. Cindy Dorniden Public Works Secretary • 5 (pity of osemouni HONE (612) 423 -4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats UTILITY COMMISSION MINUTES Harry Willcox Dennis July 13, 1992 Dene wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on July 13, 1992 at 6:30 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Members Mulhern, Oxborough, Public Works Director /Building Official Wasmund, City Administrator Jilk, Finance Accountant Korpela and Recording Secretary Dorniden present. City Administrator Jilk added Item 5c. -Smoke Free Policy to the agenda. MOTION by Walsh to approve the minutes of the June 8, 1992 regular Utility Commission meeting. SECOND by Mulhern. Ayes: 3. Nays: 0. Public Works Director Wasmund received on the Section 31, Trui Wasmund indicated to the Con prepared the feasibility study wi apprised the Commission that hE "Gergen Property" on a developn developers like the alignment and Amendment has to be approve( viewed the feasibility report the Commission had Sanitary Sewer Facility. Public Works Director Fission that Dave Simons, P.E. of S.E.H., Inc. two options. Public Works Director Wasmund iad met with a developer this day regarding the nt brought to him known as Shannon Pond. The Kpressed interest. The Comprehensive Guide Plan by Metropolitan Council before this project can move ahead. Commission Member Mulhern had questions as to why Option A and Option B assessment cost werE explained the alignment, whicl Oxborough expressed his concer station. Public Works Director y affected. Much discussion foil subdivisions to the Empire plant. so different. Public Works Director Wasmund made the difference. Commission Member about the ponding; area in relationship to the lift ismund assured him the lift station would not be need regarding the diversion from the ' different MOTION by Walsh to receive the feasibility report for Project #233, Section 31 Trunk Sanitary Sewer Facilities, and pass it along to the City Council for their approval. SECOND by Oxborough. Ayes: 3. Nays: 0. The next item presented before the Commission was the Armory Site Watermain and Sanitary Sewer Feasibility Reports. Public Works Director Wasmund asked the Commission for any questions or comments to City Engineer Osmundson's memo. President Walsh addressed the watermain issue first. He felt more should be assessed than I.S.D. #196, the Armory Fund and the Core Fund. City Administrator Jilk apprised the Commission that the cost for the few business along the line can be broken out, however the Port Authority is working on having them relocated, is which would mean those properties would be included in the Armory Fund as the property would be combined with the Armory site. As far as water to the east side 6verylkings coming `U J6 Rosemounill A `J rKVCbE paper UTILITY COMMISSION MINUTES July 13, 1992 of Highway 3, he wasn't sure how that would work as far as assessing the properties. President Walsh thought that it would be like a deferred assessment, the properties wouldn't be assessed unless they hooked up. Public Works Director Wasmund reiterated that different uses and different demands would depend on how the cost is spread. Public Works Director Wasmund apprised the Commission that Staff recommends going with Option B on the Armory Site Sanitary Sewer, with major reasons being less duplication of cost and a more permanent facility. Residents wanting to connect would bring the recoverable portion down with assessments. The Commission referred to the Feasibility Report for figures. Public Works Director Wasmund asked for support from the Utility Commission with Staffs recommendation of Option B. President Walsh apprised him that the support was there as long as the Daley Farm is considered and that Option C would be forthcoming in the long term range. Commission Member Mulhern agreed. Public Works Director Wasmund presented the feasibility report for Shannon Hills 4th Addition Street and Utilities, City Project 234. He explained the project is 100% assessable to the developer, Ground Development, Inc. and that the assessments per lot would be estimated at $8,000. Staff has found this project to be feasible and recommends the Utility Commission receive the feasibility report and pass it along to the City Council. MOTION by Walsh to receive the feasibility report for Project #234, Shannon Hills 4th Addition Street and Utilities and pass said report to City Council. SECOND by Oxborough. Ayes: 3. Nays: 0. Public Works Director Wasmund discussed the report the Commission received regarding the Water System within Rosemount. The report was prepared by the Minnesota Department of Health. Public Works Director Wasmund had gone over the report with Public Works Supervisor Widstrom and has tried to make contact with a representative from the Department of Health. President Walsh asked that this report be compared to past years reports to make sure they are comparable. Commission Member Mulhern commented that he feels the City Crew is doing a really good job maintaining the system, but wondered why it took the State so long to get our report out to us. City Administrator Jilk presented a new draft policy to the Commission regarding City buildings and vehicles going "Smoke Free ". The policy addresses a "smoke free" environment in buildings and vehicles only, not on City grounds. President • 2 • UTILITY COMMISSION MINUTES July 13, 1992 Walsh feels the policy should extend to manholes, lift stations, park shelters w /bathrooms, etc. Commission Member Mulhern referred to "confined spaces" as considered smoke -free. Commission Member Oxborough respected what President Walsh was saying about the parks, however he doesn't see parks being smoke - free. All the City could do is post it smoke free and ask the public to respect the posting. City Administrator Jilk thanked the Commission for their input on the policy. MOTION by Walsh, due to conflict, to change the regular August 10, 1992 meeting to August 17, 1992 at 6:30 p.m. in the upper level conference room. SECOND by Oxborough. Ayes: 3. Nays: 0. Public Works Director Wasmund gave an update of the calls that have been received since the July 1, 1992 Utility Bill went out with the Storm Water Utility on it. Most of the calls this department has received were on clarification of Parcel Identification Is Number (P.I.D.) and exactly what the billing was for. There were roughly 150 calls. Koch Refinery had 76 parcels and billings, however their P.I.D.'s didn't mean anything to them. The Engineering Department made up 20 section maps to show them their property. Dakota County Parks billing wasn't correct, it was listed as public property rather than park property. The City of Apple Valley felt they should be exempt because one City shouldn't charge another. It was explained to them that the fee was based on land use and there are no exemptions for government agencies, our Port Authority and School District are also being charged. To reiterate what he had just said, the majority of the calls were from Rural Residential and Agricultural. Some were billed improperly and adjustments will be made. He will have another tally at the next meeting. President Walsh took this opportunity to add another item to the agenda. He felt the Commission had to address the flooding on Lower 147th Street and Cambrian Avenue. It is becoming apparent that physical damage is being done to property surrounding that intersection and ponding is occurring in the yards. He wanted to assure the Commission that there are no easements for this within the property. All the water from the downtown area is coming down to that intersection because the drain at Highway 3 and Lower 147th Street is not doing its job. Public Works Director Wasmund established the fact that this problem has been addressed within the 5 year C.I.P., however it may have to be prioritized. He went on to explain about all the different ponds, such as Samples, Valley Oak, Brockway, White Lake Acres, Jay Simons, all are having some degree of drainage problem because of the increase in storm water over the past few years. • 3 • UTILITY COMMISSION MINUTES July 13, 1992 Finance Accountant Korpela apprised the Commission that the Finance Department had 240 calls regarding the bills, not only the storm water but the sewer charges as well. Between 6 -10 people informed her they are sending letters to the Utility Commission. The Commission agreed that the City has to do meter readings to keep the readings accurate. President Walsh reiterated that the City needs to proceed with the meter replacement program. MOTION by Walsh to adjourn. SECOND by Oxborough. Ayes: 3. Nays: 0. The meeting was adjourned at 8:38 p.m. Respectfully Submitted, Cindy Dorniden Public Works Secretary 0 4 �iiY of Rosemount *PHONE (612) 4234411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 4235203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen James (Red) Stasts UTILITY COMMISSION MINUTES Harry pper x Dennis Wippennann August 17, 1992 ADMINISTRATOR Stephen Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on August 17, 1992 at 6:30 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Members Mulhern, Oxborough, Public Works Director /Building Official Wasmund, Finance Accountant Korpela and Recording Secretary Dorniden present. Public Works Director Wasmund added Item 5f.- Request for Land Purchase and Item 5g.- Receive Feasibility Report-Armory Site Storm Drain Utility. MOTION by Walsh to approve the minutes of the July 13 1992 regular Utility Commission meeting. SECOND by Oxborough. Ayes: 3. ` Nays: 0. Upon the Commissions request, Staff has researched and received the Federal Energy Regulations Commission (FERC)'ruling for Enron. The City Attorney, Mike Miles, has • met with the Attorney Generals office, Environmental Quality Board (EQB), FERC and Staff regarding the issue of the line Enron has requested. Mr. Miles, along with the attorney for Northern Natural Gas, has drafted a "-Memorandum of Agreement" between the City of Rosemount and Enron. President Walsh felt that the "Memorandum of Agreement" should specify that the line goes from point A to point B with no other taps allowed to infringe on the different franchise areas. Dennis Werkmeister, a representative from Enron, reiterated what the very first paragraph of the Agreement stated, noting that it specifically states what is going to be in place. Mr. Werkmeister feels Enron managers won't be receptive to President Walshs' ideas and feels that Enron has been 'mislead as to the Citys' position. President Walsh feels City Attorney Miles needs to clarify within the language of the Agreement, to read that the line is for transporting only. Mr. Werkmeister apprised the Commission that construction was due to start in September. Public Works Director Wasmund asked if the Commission could come up with the language to be changed and then the progress of Enron wouldn't be hampered. MOTION by Walsh to approve the "Memorandum of Agreement" between the City of Rosemount and Enron with a change noted under #2 to read "Northern shall not construct any new or modified installations within or upon any land in the City of Rosemount without receiving the prior written consent of an authorized representative of City for each such new installation ". SECOND by Oxborough. A brief discussion followed the motion. President Walsh recognized Mr. Roger Lee of Peoples Natural Gas Company for comments. Mr. Lee asked that the Commission not restrict Enron from future connections by other gas distributors because Peoples have filed to be serviced. • Poll taken on the above motion: Ayes: 3. Nays: 0. 6verylkings Cooming `Ut b AosemounlY `J IKVCbd p8PM . UTILITY COMMISSION MINUTES August 17, 1992 Public Works Director Wasmund feels this is the time to have a Utility Study done on the east side of the City. The City should study anything not currently included in a Comprehensive Plan. There has been interest in water and sewer lines out on the east end. The City is scheduling meetings with Koch Refinery, University of Minnesota and the Port Authority to discuss the need and funding for this study. Request for Proposal (RFP) will be developed and sent out outlining the scope of the study. Interested consultants will return their Proposals including costs for the study. Information regarding flows and serviceability will be provided to Met Council and MWCC for their use in sewer plant expansion plans. Public Works Director Wasmund asked for the support of the Commission for this study. Commission Member Mulhern asked if the MWCC has been contacted to get information from them. Public Works Director Wasmund apprised the Commission that the MWCC has not specifically been addressed on this issue however they may have some information we can glean from them. Commission Member Oxborough feels that both water and sanitary sewer should be addressed at the same time. The consensus of the Commission is that there is adequate cause for a Utility Study on the east end. Robert Chamberland of 3565 Upper 148th Street West was in attendance to contest his water bill, saying he felt the City owed him a credit for overestimated water bills • back four quarters ago. Discussion took place after Mr. Chamberlands presentation. President Walsh sympathized with Mr. Chamberland, but based upon actions taken as reported by Finance Accountant Korpela and recommendation from Finance Accountant Korpela and Public Works Secretary Dorniden he felt the current billing was appropriate. See Recording Secretarys file. MOTION by Walsh to deny any credit to Mr. Chamberland on the basis that his account has proved right. SECOND by Mulhern. Ayes: 3. Nays: 0. President Walsh reiterated his stand on getting the replacement of meters done so the City can start reading the meters. This way we could eliminate problems of improper readings and having so many estimated readings. He feels there should be no exceptions when dealing with estimated readings and once we've changed out the meters there wouldn't be any estimated readings. If outside plumbers need to be hired for the installations then it should be done. Public Works Director Wasmund recognizes the urgency the Commission expresses in this replacement and also agrees it needs to be done in a timely fashion. He will get an estimate of what it will cost to have it all done at once. This will include the number of meters, material and labor costs. Public Works Director Wasmund explained the reason for Continental Nitrogens appeal to the Storm Water Utility billing they received. The Commission feels that a meeting should be set up with Continental Nitrogen to explain the charges and to further explain that no piece of land is "totally" exempt. Public Works Director Wasmund suggested tabling the item until after the meeting, then coming back to the Commission with a recommendation for action. • 2 • UTILITY COMMISSION MINUTES August 17, 1992 Public Works Director Wasmund reiterated what the Carlson Property appeal has stated. He informed the Commission that an adjustment was made for one of the properties which was zoned improperly, and he further acknowledged that Staff clearly recognizes the contributions of paying for storm sewer on the plat. President Walsh inquired as to the undeveloped rate. Public Works Director Wasmund apprised the Commission that any property within a zoning district which is platted is considered "developed" and therefore is charged the going rate. Ron Carlson, the representative of Carlson Property, feels that something inbetween should be ruled. Platted properties can be differentiated as other properties. Right now part of his commercial property is still vacant land. President Walsh feels that a meeting between Mr. Carlson and Staff should be set up to discuss the property. As a point of clarification, Public Works Director Wasmund apprised the Commission that there is no established rate for undeveloped platted land. President Walsh addressed the accuracy of the policy and agreed that the policy may have some "bugs" to be worked out. Mr. Carlson will call Public Works Director Wasmund to set up an appointment and then his appeal will be readdressed in September. Staff will review both appeals and come back to the Commission with recommendations. MOTION by Walsh to waive the late fees of the Carlson Properties and Continental Nitrogen utility bills, which are under appeal, due to the appeal process. SECOND • by Mulhern. Ayes: 3. Nays: 0. MOTION by Walsh to set regular meeting dates for the rest of the year as follows: September 14, 1992 October 5, 1992 November 9, 1992 December 7, 1992 SECOND by Oxborough. Ayes: 3. Nays: 0. President Walsh reminded the Commission that Special meetings can be called anytime. Public Works Director Wasmund offered explanation to the Commission on the fund transfers which they had in their packets. President Walsh asked if there is money in the Storm fund. Bonds have been issued according to the schedule identified in the appendix of the Storm Water Utility Policy. Proceeds of the bond sales have been deposited into the account so the transfers can be made. In the future, Staff will provide a more current or timely method regarding the activities of the accounts the Utility Commission is responsible for administering. Commission Member Mulhern asked why the difference in the transfer for the Diamond Path Project. Public Works Director Wasmund will check with the Finance Director, Jeff May, and get back to the Commission. President Walsh asked if a budget had been established for the storm utility? Public Works Director Wasmund reminded him that the budget was part of the Policy adopted as an appendix attachment. 0 3 • UTILITY COMMISSION MINUTES August 17, 1992 The next item on the agenda, request for land purchase, was added by Public Works Director Wasmund. The City has been approached by Hampton Development for the acquisition of a 15' strip of land along the west end of Well #8 property. Public Works Director Wasmund apprised the Commission that the park access to Jaycee Park was across the well site also. Commission Member Mulhern is concerned that the Parks Committee should be made aware of the plans to sell some of the property. Public Works Director Wasmund informed the Commission that the issue had been discussed with the Parks Director extensively and the access can be made to the park even if 15' of land is sold. President Walsh asked the Public Works Director about the long term plans for a possible treatment plant to be added onto the pumphouse. The north wall would be common in for the treatment plant. Public Works Director Wasmund will go back and research that possibility. President Walsh then asked how they figure a cost for this type of a sale. Public Works Director Wasmund explained how a dollar value would be arrived at. Staff will check further on the drawings and driveway access for the September meeting. Public Works Director Wasmund presented the feasibility report for the Armory Storm Drainage. The report presented four different scenario's of how the storm water would be handled. Public Works Director Wasmund explained that the storm water would not have to go off -site. Each of the four alternatives was discussed in length among the Commission. Commission Member Mulhern felt that Alternate 2 would allow the City to build for the future connection to Schwarz Pond. Public Works Director Wasmund apprised the Commission that the School District is interested, however it is not in the fiscal planning for this year. Public Works Director Wasmund explained again that any of the four alternatives would allow for future connections. MOTION by Walsh to approve the feasibility report for Project #238 - Armory Site Storm Drain Utility and "highly recommend" Council approve Alternative #2 as first priority and Alternative #3 as second priority. SECOND by Oxborough. Ayes: 3. Nays: 0. The Commission feels Staff should inform the School District of the alternatives so they can budget for it. Public Works Director Wasmund updated the Commission on the number of storm water utility complaints. He felt that all the attempts to reach the community fell short in some areas. For instance, the local newspaper doesn't go to anyone without a Rosemount address, which meant the residents with Hastings addresses don't receive it. Some of the other notices and information was returned as undeliverable. He feels that continued public education and information needs to go out. The majority of people who did call and received explanation were satisfied once it was explained to them, then the other small percentage view it as another form of taxation. 0 4 • UTILITY COMMISSION MINUTES August 17, 1992 The sanitary sewer complaints were conveyed to the Commission simply as informational. The structure of the sanitary sewer billing is being questioned and challenged. Finance Accountant Korpela had put together a summary of the 2nd quarter billing for the Commission. Because people started watering early this year the second quarter sewer bill was relatively high because it is based on the actual consumption of water. We need to examine our entire billing process. Public Works Director Wasmund reiterated as the sewered population grows the account also grows and it is more and more difficult to tell what the needs will be. It is good for the Commission to look at different scenario's. The scenario of paying for what you use may be the only way to go. President Walsh restated that everyone gets a minimum utility bill because fixed cost need to be covered. MOTION by Walsh to adjourn. SECOND by Oxborough. Ayes: 3. Nays: 0. Meeting was adjourned at 10:05 p.m. Re e uu-, submitted, Cindy Dorniden • 0 5 0ii� of Rosemount *PHONE (612) 423 -4411 2875 - 145th Street West, Rosemount, Minnesota FAX (612) 423 -5203 Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068 -0510 UTILITY COMMISSION MINUTES September 14, 1992 MAYOR Edward B. McMenomy COUNCILMEMBERS Sheila Klassen James (Red) Staats Harry Willcox Dennis Wippennann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on September 14, 1992 at 6:32 p.m. in the Upper Level Conference Room of the City Hall. President Walsh called the meeting to order with Commission Member Oxborough, Public Works Director /Building Official Wasmund, Finance Accountant Korpela and Recording Secretary Dorniden present. Public Works Director Wasmund added Item 5c.- Complaints and President Walsh added Item 6a.- Possible Changes of Utility Commission. Finance Accountant Korpela expressed a concern as to the minutes of the August 17, 1992 meeting regarding the Robert'Chamberland item. No where within the minutes did it express the policy that adjustments are only made during the current quarter. • MOTION by Walsh to approve the minutes of the August 17, 1992 regular Utility Commission meeting as corrected. SECOND by Oxborough. Ayes: 2. Nays: 0. President Walsh tabled'' the appeals of 'CNR '° and Carlson Properties as per Staff request. It will be brought back to the Commission as soon as the report is completed. The next item on the agenda was the meter replacement program. President Walsh expressed his bewilderment at the number of meters yet to be replaced. Much discussion took place as to numbers and costs. Public Works Director Wasmund reiterated the fact that this program would eliminate the opportunity for confusion and improper readings. President Walsh asked if funds could be borrowed from the Water Core account and then paid back in 5 -10 years. Public Works Director Wasmund will examine the account and make the necessary listing for expenditures. President Walsh felt that possibly Sewer Core funds could also be used since sewer bills are based upon water readings. Other items which have to be added to the expenses would be another reading gun and the reading software package for the computer: These cost will be added to the total for consideration of expenditures. Public Works Director Wasmund presented the research he did in relationship to the request for land purchase from Hampton Development. He apprised the Commission • that there had been no definite plans for a filtration system attached to Well #8 6verylkings (90ming (UP RosemounlY A• `J recycled Paw • UTILITY COMMISSION MINUTES September 14, 1992 Pumphouse. He also apprised the Commission that consideration for access to the park has always been considered across the property. There is sufficient area within the well site. Staff feels that if the Commissions decision is to not sell this land the development project will still be able to proceed without it, however if the Commission should decide to sell, then the sale should be contingent upon final approval of the plat. President Walsh led a lengthy discussion on Jaycee Park driveway and its relationship to the grading in the area. Public Works Director Wasmund encouraged the Commission not to take any action until he has had the opportunity to meet with Park Director Bechtold regarding the joint use of the property. After Staff has met then a joint meeting between the Commission and Committee would be appropriate to • discuss the issues at hand regarding Jaycee Park and also any other joint use questions there may be according to the Master Park Plan. The Commission Members were in agreement that Public Works Director Wasmund should invite Park Director Bechtold to the next Utility Commission meeting. MOTION by Walsh to inform Hampton Development that the City of Rosemount is not interested in the disposal of any land at this date due to unknown future uses of this land. SECOND by Oxborough. Ayes: 2. Nays: 0. Public Works Director Wasmund wanted the Commission to know that he did follow through with the changes to the Enron "Memorandum of Agreement" and the agreement had been copied to them. President Walsh asked who the authorized signature would be to the "Memorandum "? Public Works Director Wasmund did discuss this issue with City Administrator Jilk and the Mayor is the only authorized signature in an agreement such as this. The "Memorandum" is in lieu of a "Franchise" and a "Franchise" is in ordinance form so therefore has to be signed by the Mayor. MOTION by Walsh to approve the "Memorandum of Agreement" with Enron as corrected and recommend the City Council approve and affix the proper signatures. SECOND by Oxborough. Ayes: 2. Nays: 0. 0 2 • UTILITY COMMISSION MINUTES September 14, 1992 President Walsh reiterated that any other gas lines or connections would have to go before the Utility Commission and City Council, this agreement just enforces this one connection. MOTION by Walsh to approve the expenditure to Vermillion River Watershed Management Organization in the amount of $5,148.33 for 1992 Annual Dues and underpayments of 1988 and 1989 Dues and take these funds from the Storm Water Utility Fund. SECOND by Oxborough. Ayes: 2. Nays: 0. Minnesota Association of Cable Television Administrators ( MACTA) sent a notice to all governing bodies asking for their support of a new bill being introduced to Congress. President Walsh felt the Commission should pass on supporting this "bill" because they have not received a copy so have no idea what it is about. A brief discussion followed regarding the MACTA Mini - Conference that is held annually. • Public Works Director Wasmund addressed the two sewer complaints he passed out and added at the beginning of the meeting. The problems these two residents experienced allegedly happened when our crew was jetting sewer lines. He feels that if the homes were plumbed properly this pressure should have been driven out vents rather than the fixtures. It has been past policy that the City should be notified right away when there is a problem. If not notified, there is no way to tell how much damage really occurred. Public Works Director Wasmund stated the only basis for a credit or adjustment would be a public relations effort. Discussion followed and the consensus was that a written policy should be addressed that stipulates the City has to be notified immediately and someone would have to respond to the problem and assess the damage. MOTION by Walsh to deny claims for compensation relating to a sewer problem experienced by Mike Smolak and Mary Hickey based on past practice and policy followed by the Utility Commission. SECOND by Oxborough. Ayes: 2. Nays: 0. President Walsh handed out a memo he had drafted regarding possible changes within the Utility Department. He discussed each item he had within the memo and wanted the Commission Members to read it carefully and hopefully come up with some related ideas. He feels a cost analysis of each of his ideas need to be done. Finance Accountant Korpela defended the billing system software informing the Commission that it could do what President Walsh wanted done. President Walsh feels the Utility is 3 • UTILITY COMMISSION MINUTES September 14, 1992 Department should be a stand alone operation giving approval for each step within a development which requires additions or corrections to the public utilities within the City of Rosemount. Public Works Director Wasmund feels that the Bylaws should make reference to several of the different items mentioned. The Commission feels they should work directly with the other Commissions and Committees along with the City Council. Public Works Director Wasmund reiterated that strategies should be outlined and asked the Commission how they wanted to proceed. President Walsh wants to start with the billing. Target dates were set for Operating Budget at the October 5th meeting, billing questions at the November meeting and final recommendations to be presented to Council would be at the meeting in December. Public Works Director Wasmund took this opportunity to invite the Commission the October 6, 1992 Council meeting. Mr. William Norris of Rosemount will be speaking to the Public and City Council as to how to attract the types of businesses Rosemount may want. He feels it would be a beneficial meeting for the Commission Members to attend. • Public Works Director Wasmund apprised the Commission that the required water samples for lead and copper testing had been taken and delivered to the State. Also, the quarterly charge for this has been sent to the State. At the next regular meeting the $5.21 charge will be discussed as to which billing to collect this on. Every year the charge will be at least $12,000, however this fee will change with the expansion and growth of Rosemount. It is based per household. He wanted the Commission to realize that the American Water Works Association and the American Public Works Association are lobbying to have this fee go back to the State not the City. Also, he wanted the Commission to know that the one -time credit of $10.00 was given to all those who volunteered to provide a water sample. MOTION by Walsh to adjourn. SECOND by Oxborough. Ayes: 2. Nays: 0. Meeting was adjourned at 10:20 p.m. Respectfully Submitted, C� Q Cindy Dorniden Public Works Secretary 0 4 (Pity of (O?osemouni *PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota FAX (612) 4235203 Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068 -0510 UTILITY COMMISSION MINUTES October 5, 1992 MAYOR Edward B. McMenomy COUNCIIMEMBERS Sheila Wasson James (Red) Staats Harry Willcox Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on October 5, 1992 at 6:30 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Member Mulhern, Commission Member Oxborough, City Administrator Jilk, Public Works Director /Building Official Wasmund, Finance Director May, City Engineer Osmundson, Park Director Bechtold, Finance Accountant Korpela and Recording Secretary Dorniden present. There was nothing added to the agenda. MOTION by Oxborough to Utility Commission meetinc • Park Director Bechtold mac and cooperation in develo Commission that he had w President Walsh doesn't rec the Pumphouse site, howev about the Commission and • pprove the minutes of the September 14, 1992 regular SECOND by Walsh. Ayes: 3. Nays: 0. a presentation to the Commission recalling the efforts meat of Jaycee Park and Well #8. He apprised the rked with previous City Engineer Hefti on these plans. II the Commission being informed of the Park access from r he does feel before any further joint development comes :ommittees should talk about them together. Joint use agreements should be developed. City Administrator Jilk reminded the Commission that their purpose is to advise and recommend" to the City Council in these matters and found it difficult to believe that the Commission hadn't been apprised of the situation at the time it was developed. Park Committee Member Jerry Puciaty spoke to the Commission reiterating his stand from a couple months ago that the Commission needs to work with the Parks Committee and the lines of communication needs to be open. President Walsh thanked Parks Director Bechtold and Park Committee Member Puciaty for coming. Park Director Bechtold thanked the Commission for inviting him and allowing him to make his presentation. He invited the Commission to attend the Park Committee meetings. President Walsh asked Public Works Director Wasmund about the Hampton Development since the Commission had denied their purchase of the 15' strip of land. Public Works Director Wasmund indicated that Hampton Development was reconfiguring their lot layout. i6verylhings (9oming (Up RosemounlY • UTILITY COMMISSION MINUTES October 5, 1992 City Engineer Osmundson summarized the Request for Proposal on the Eastern Rosemount Sewer and Water Study. He went over the maps of the study and showed the Commission that this study would show compatibility and possible utilization between the western district, the rural water and the University of Minnesota water system. The study will also include the City of Coates. President Walsh questioned whether Coates would annex to Rosemount if they need sewer. City Engineer Osmundson inferred that Met Council and MWCC could ask Coates to connect to Rosemount Sewer Treatment Plant. At this time, the City is asking Coates for $ 1,000, however, the study will be presented to Coates and if they wish to participate within the system then a monetary value will be assessed to Coates for the study. The Commission expressed concerns of funding for such a project. • Koch Refinery and the University of Minnesota will be possibilities for funding, once the study is done and benefits for municipal utilities are shown. MOTION by Walsh to approve the RFP for the Eastern Sewer and Water Studies and recommend City Council approval. SECOND by Mulhern. A brief discussion, in answer to Commission Member Oxborough's question regarding the effect this study would have on the Rural Water System, took place. It was explained that this study would address the compatibility of the Rural Water System and the University of Minnesota Water System. Vote on the above motion: Ayes: 3. Nays: 0. City Administrator Jilk updated the Commission of the status of the Armory project, approved components of the building and anticipated project start. He also discussed the mixture of funding methods such as bond issues by the State and Federal Governments, the City, Port Authority and possibly a major company considering a donation. Public Works Director Wasmund informed the Commission that a pre - construction meeting will be held tomorrow. Completion of the project is expected to be in March 1994, however there is a possibility of having a portion open by Thanksgiving of 1993. Council will be awarding contracts on the water and sewer 0 2 • UTILITY COMMISSION MINUTES October 5, 1992 at their next meeting. Discussion took place regarding the costs of the separate projects along with the upgrade of Highway 3 from 143rd Street to Connemara Trail. President Walsh brought up the fact that the Council had approved a different alternative on the Storm Drainage project than the Utility Commission had recommended and asked what the basis was for that. Public Works Director Wasmund informed the Commission that the alternative that the Council approved had the same future expansion abilities as the Commissions choice but incorporated more storage. The Port Authority will be paying the relocation costs for relocating the businesses. The original estimates did not include the purchase of the easements across Highway 3. • City Administrator Jilk added that since the signing of the Armory there has been four motel chains showing an interest in coming to Rosemount. The Commission and Staff discussed at length the bill approval process. City Administrator Jilk felt a quarterly report by Public Works Director Wasmund summarizing income and expenses would keep the Commission informed. The monthly statement he gives the Commission does list a summary of the year -to -date totals. The quarterly report could let them know exactly where each line item stands. The Utility Billing process was discussed with Public Works Director Wasmund reiterating what was presented to Staff at the last regular meeting. Some of the items facing the Commission are quarterly billing versus monthly billing, fixed rates versus actual rates, availability charges, exemptions and actual consumptions versus estimated. President Walsh doesn't feel there should be any exemptions, including City owned properties. He feels the bills themselves should be broken down more and possibly an outside entity should do the bills. Discussion followed regarding shut -off rather than certification. Finance Director May concluded that since the option to certify is upon the City it is in our best interest to use it. Commission Member Mulhern feels that we need a speedier program for the replacement of the meters. Public Works Director Wasmund apprised the Commission that the City would be looking at approximately $ 185,000 and that would not include the software package • 3 • UTILITY COMMISSION MINUTES October 5, 1992 to upgrade the current system or the reading gun to download to the computer. He will list the commitments to the Core fund to let the Commission know where the fund stands and if it could handle this type of a major expense. Finance Director May wanted the Commission to realize the additional personnel it would take and also the possibility of the system being obsolete by the time it is all completed. It was the consensus of the Commission that a workshop need be set up to discuss this issue. Public Works Director Wasmund reiterated his memo regarding the letter received from Larry Kane regarding his mothers final utility bill. He explained the problems with addresses which incurred because of the conversion. MOTION by Walsh to deny the senior exemption for Frances Kane at 2419 145th • Street West on the grounds that she didn't qualify for the exemption because she listed 14575 Burma, #101 as her legal residential address, which is not consistent with the senior policy. The late penalties would stand as recorded due to Ms. Kane's failure to supply Dakota County with proper legal address for mailing and the bill was mailed to the legal property owner as listed within the County files. SECOND by Mulhern. Ayes: 3. Nays: 0. MOTION by Walsh to approve the expenditure, not to exceed $300.00, for the replacement of trees as noted in Public Works Supervisor Widstroms memo. SECOND by Oxborough. Ayes: 3. Nays: 0. The Commission briefly discussed the list of 1992 Certified Utility Bills. Public Works Director Wasmund informed the Commission that he doesn't have the forms ready yet for the 1993 Proposed Operating Budget. He feels a workshop would be in order to discuss the various budget items. He feels he should have all the figures by the October 13 Special Council meeting. President Walsh doesn't really think this should have any bearing on the City budget meeting, however Public Works Director Wasmund believes although it doesn't have a direct effect with the editorials that have been printed lately he feels everything should be out in the open and not 0 4 • UTILITY COMMISSION MINUTES October 5, 1992 appear as if Staff is trying to hide anything. It would get the basic numbers out in the open. It was the consensus of the Commission to schedule the workshop for October 21, 1992 at 5:00 p.m. President Walsh had several pictures to share with the Commission regarding erosion problems in several different sites within the City of Rosemount. Commission Member Mulhern asked Public Works Director Wasmund how the City did during the last heavy rain storm we had. Public Works Director Wasmund told the Commission that the City Crew handled the situation very well. They were called out is to Valley Oak Pond around 1:00 a.m. and pumped there until 8:00 p.m. the following evening. Birchview Terrace, 135th Street and Lower 135th Street, had a problem because one resident put a driveway in and blocked a culvert which backed water up. White Lake Acres had some minor backup and Jay Simons in the vicinity of 128th Street and Bacardi had some problems. MOTION by Walsh to adjourn. SECOND by Mulhern. Ayes: 3. Nays: 0. The meeting was adjourned at 9:40 p.m. Respectfully submitted, 64Daw-"� Cindy Dorniden Public Works Secretary 0 5 �iiy o {Rosemouni OPHONE (612) 423 -4411 2875 - 145th Street West, Rosemount, Minnesota FAX (612) 423.5203 Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068 -0510 UTILITY COMMISSION MINUTES November 9, 1992 MAYOR Edward B. McMenomy COUNCILMEMBERS Sheila Wasson James (Red) Starts Harry Willcox Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on November 9, 1992 at 6:30 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Member Mulhern, Commission Member Oxborough, City Administrator Jilk, Public Works Director /Building Official Wasmund, Finance Director May, Finance Accountant Korpela and Recording Secretary Dorniden present. There was nothing added to the agenda. MOTION by Walsh to approve the minutes of the October 5, 1992 regular Utility Commission meeting. SECOND by Oxborough,. Ayes: 3. Nays: 0. • Public Works Director Wasmund reviewed what was in the Executive Summary prepared by City Engineer Osmundson regarding the Eastern Sewer /Water Study RFP. Public Works Director Wasmund reminded the Commission that the Selection Committee was made up of City Engineer Osmundson, 'Planning Director Freese, Utility Commission Member Mulhern, City Council Member Willcox and himself. City Engineer Osmundson and Public Works' Director Wasmund met with Bonestroo, Rosene, Anderlik and Associates today and were notified the firm is committed to the price and proposal. They appear to be a very reputable firm. President Walsh asked how and who selected the Committee? Public Works Director Wasmund explained the process which was used. President Walsh wondered who actually initiated this study, since he knew the Utility Commission did not. Public Works Director Wasmund informed the Commission that it was at Staff's inclination that the proposal was derived. It only made sense since MWCC and Met Council need to know Rosemount is thinking of its future land uses. President Walsh was curious as to how the City was going to finance this proposal. Public Works Director Wasmund, although not all the details and dollar amounts are worked out, Fisted several options for collecting and recouping the costs. There would be shared financing from both the sewer and water core funds, the Port Authority would probably contribute, the two potential user (Koch Refinery and University of Minnesota) will be approached and the City of Coates has already been approached. At this time a minimal amount is being asked from Coates, however if they would need to utilize the study then their share would be sought. Public Works Director Wasmund informed the Commission that Staff is open to suggestions on how they think the funding should be recuperated. City Administrator l6veryikings COoming Vp RosemounW UTILITY COMMISSION MINUTES • November 9, 1992 Jilk spoke on behalf of the Staff letting the Commission know the reason it has been placed with the Utility Commission is because of the existing infrastructure and future infrastructure that would be built and maintained. The lack of this study could hold up the Comprehensive Guide Plan. The City might also look for some help from Dakota County. The Water and Sewer Core Funds could pick up the cost and then once other sources are finaled the funds could be replaced. Commission Member Mulhern agreed with everything being said. President Walsh was still curious as to what brought Staffs attention to doing this study. Public Works Director Wasmund replied that it had to do with the MUSA and not getting caught up in thinking everything was set and then finding out it isn't. It will be comprehensive planning too! Commission Member Oxborough agrees that the Commission should recommend the study and then at the next regular meeting get the figures. MOTION by Mulhern to recommend City Council approve and award the contract to Bonestroo, Rosene, Anderlik and Associates for the Eastern Rosemount Sewer and Water Studies. SECOND by Oxborough. Ayes: 3. Nays: 0. • Public Works Director Wasmund presented what he felt it would take to get the Rural Water System on the Utility Billing Program, with the billing to start the first of the year and the first billing to be April 1 st. He listed three (3) items which would have to be completed before the billing could take place: 1) software changes for setting up accounts would take an estimated one (1) week; 2) a physical check of all meters to make sure the seals are still inplace and they are equipped with the exterior reader. This is expected to take approximately two (2) weeks; and 3) Final reading of the meter so the billing can begin. Public Works Director Wasmund advises the Commission that a public meeting should be held to answer any questions the residents may have and also explain to them how the billing process works. Much discussion took place regarding the $4.50 surcharge that is on the municipal systems billing. City Administrator Jilk apprised the Commission he feels there would be no legal implications involving the surcharge. Commission Member Mulhern asked if the rural residents are being charged the connection charge. Public Works Director Wasmund informed the Commission that the residents which were already hooked up to the system prior to the City taking the system over in July did not have to pay connection fees. If we would need to collect them retroactively they would have to be collected from the University of Minnesota since the wells were contaminated and the residents more or less forced to hook up. If a resident should chose to hook up to the system and their well wouldn't be contaminated then connection charges would be charged. Commission Member Oxborough suggested holding the public meeting on December 14, 1992 at 7:00 p.m. Along with mailing the notice of the public 0 2 UTILITY COMMISSION MINUTES • November 9, 1992 meeting the residents should be notified of the basic rates and policies that go along with the connection. As much information as possible should be given to the residents prior to the public meeting. Commission Member Oxborough asked if all the residents that were connected to the system had been inspected. Public Works Director Wasmund did inspect all the connections with the exception of a few recent ones. Those were inspected by Paul Heimkes. Before the City took the system over another check was done because a couple of the residents nitrate levels came out high on routine testing and it was thought cross connections had been allowed. It proved out that the samples were just taken from wrong areas coming off the active wells. Most of the residents maintained their old wells for irrigation, etc. MOTION by Walsh to set a public meeting for December 14, 1992 at 7:00 p.m. for the purpose of informing the public of the intention to start water billing as of January 1, 1993 with the first bill to come on April 1, 1993. SECOND by Oxborough. Ayes: 3. Nays: 0. MOTION by Walsh to amend the water billing policy and fee resolution as necessary • to include the rural water customers after the public meeting. SECOND by Oxborough. Ayes: 3. Nays: 0. Public Works Director Wasmund had to go to court on October 27, 1992 regarding the easement settlement with the 1st Baptist Church of Rosemount. This case has been going on since 1986 when the City condemned the necessary property for Hawkins Pond and the Lift Station #4. Public Works Director Wasmund did inform the Commission that the case was settled before a trial was necessary and the total amount of the settlement was $75,000. A little discussion occurred regarding the settlement. MOTION by Walsh to recommend acceptance of the settlement to 1 st Baptist Church of Rosemount and authorize payment to come from Storm and Sewer Core Funds. SECOND by Mulhern. Ayes: 3. Nays: 0. President Walsh determined at this time to alter the agenda and move to the New Business item of Fund Transfers. Public Works Director Wasmund reiterated the Executive Summary going over each of the ten (10) transfers and how they are all project related. He wanted to make sure the Commission understood that Item #4 and Item #8 are the first payment of ten. Finance Director May explained to the Commission about buying down debts and 0 3 UTILITY COMMISSION MINUTES • November 9, 1992 how it is more prudent to keep money on hand and make the payments. Regarding the Armory payment, the permit revenue will help a portion of the revenue bond. MOTION by Walsh to approve the transfer of funds as listed on the transfer sheets and documented in the Executive Summary as presented by Public Works Director Wasmund. SECOND by Oxborough. Ayes: 3. Nays: 0. President Walsh asked the City Administrator if it is possible to adjourn the regular Commission meeting and go into a workshop session on the 1993 Operating Budget. City Administrator Jilk could find no reason why the Commission couldn't adjourn, however they should formally state that they are holding a workshop to discuss the budget. MOTION by Walsh to set a workshop to discuss the 1993 Operating Budget immediately following the regular November 9, 1992 Utility Commission meeting. SECOND by Oxborough. Ayes: 3. Nays: 0. 0 MOTION by Walsh to adjourn. SECOND by Oxborough. Ayes: 3. Nays: 0. Meeting was adjourned at 8:15 p.m. Respectfully Submitted, Cindy Dorniden Public Works Secretary 0 4 �iiy of Rosemount OPHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota FAX (612) 4235203 Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068 -0510 UTILITY COMMISSION MINUTES December 7, 1992 MAYOR Edward B. McMenomy COUNCILMEMBERS Sheila Klassen James (Red) Staats Harry Willcox Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Utilities Commission Meeting of the City of Rosemount was duly held on December 7, 1992 at 6:30 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Member Mulhern, Commission Member Oxborough, Public Works Director /Building Official Wasmund and Recording Secretary Dorniden present. There was nothing added to the agenda at this time. MOTION by Oxborough to approve the minutes of the November 9, 1992 regular Utility Commission meeting. SECOND by Walsh. Ayes: 3. Nays: 0. Finance Director, Jeff May and Finance Accountant, Diana Korpela joined the meeting. • Public Works Director Wasmund discussed the rate structure for 1993. He specifically addressed the connection chargee. Commission Member Oxborough asked how long the current rate, $980.00, has been in effect? Public Works Director Wasmund explained that this rate, set in 1989, was set" at lower than it was recommended because the rate of $1,320.00, which should have been set according to the Construction Cost Index was an astronomical increase from $200.00 the City was at. Public Works Director Wasmund is recommending a 5% increase to raise the fee to $1,030.00. President Walsh expressed his concerns that if the "Index" is only showing a 3.9% increase, and the City raises to 5% he is afraid of the outcome. He feels a 4% increase should be substantial. Instead of trying to make up for years when the charges were not increased, the Utility Commission should increase fees a small percentage every year and not get into big increases. It was felt by all Commission Members that the fees shouldn't try to make up for years already gone by. • MOTION by Oxborough to recommend to Council a 3.9% increase to the Sewer, Water and Storm Sewer Availability Charges as per the En4ineers News Record "Cost Index" of 1992 and no change in the Utility Billing structure. SECOND by Walsh. Much discussion followed the motion. Commission Member Mulhern feels that the Availability Charges should be rounded to $1,020. While Finance Director May was doing some figuring the Commission went on to discuss the minimum billing process. 6verylkings Coming `UJ6 RosemounlY 0 fmvcWd paper UTILITY COMMISSION MINUTES • December 7, 1992 Commission Member Oxborough asked Public Works Secretary Dorniden why she felt the billing structure should change. Public Works Secretary Dorniden expressed her concerns basically with the way the sewer rate was structured. She felt the billing should go back to the sewer being billed on the first quarter of the year and that quarter would set the rate for the remainder of the year. She feels there would be a lot less questions regarding bills if it were structured this way. Public Works Director Wasmund didn't necessarily disagree with this rationale, however he feels a more in depth study needs to be done with the structure and can't recommend changing at this time. Finance Accountant Korpela asked the Commission to consider making the minimum billing on the sewer to be based on 18,000 gallons instead of 15,000 gallons. Public Works Director Wasmund didn't know what the rationale was for basing the sewer on 15,000 gallons rather than 18,000. Finance Director May informed the Commission that more revenue was needed from sewer henceforth former City Engineer /Public Works Director Hefti and City Administrator Jilk figured the 15,000 gallons. President Walsh wanted to reiterate that as long as he's on the Commission the question of the rate structure would not be dropped, it does need to be clarified or changed. is Finance Director May apprised the Commission Members that the percentage they were looking for in answer to the motion on the floor was 4.08% to give an approximate $ 1,020.00 for Availability Charges. MOTION by Walsh to amend the above motion to read a 4.08% increase for an even amount of $ 1,020 for the Sewer, Water, Storm Sewer Availability Charges and no change in the Utility Billing structure. SECOND by Mulhern. Poll on Amended Motion: Ayes: 3. Nays: 0. Poll on Original Motion: Ayes: 1. Nays: 2. Motion failed. Since the original motion failed, therefore the amended motion also failed. MOTION by Walsh to recommend to Council a 4.08% ($1,020.00) increase to the Sewer, Water and Storm Sewer Availability Charges and no change in the Utility Billing structure. SECOND by Oxborough. Ayes: 3. Nays: 0. After two extensive budget workshops, Public Works Director Wasmund presented the Commission with the final drafts of the budgets for Funds 601, 602 and 603. Finance Director May helped Public Works Director Wasmund explain the fixed assets • 2 UTILITY COMMISSION MINUTES • December 7, 1992 to the Commission and the advantage of depreciation. Public Works Director Wasmund also explained a couple items which were added to the budget according to new laws which were adopted. Commission Member Mulhern asked for an explanation of the Sewer Utility Budget and how it is designated. Metropolitan Waste Control Commission gives the City for the estimated bill for the next year. It is based on usages from the previous year. President Walsh asked if the Storm Water Utility budget includes any bond payments. Finance Director May indicated only one payment for 1993 which will be made in August. The year 1994 will show much higher payments. MOTION by Walsh to adopt the 1993 Operating Budget for Funds 601, 602 and 603. SECOND by Mulhern. Ayes: 3. Nays: 0. At the last regular meeting the Commission was presented with the Eastern Sewer /Water Study and approved the study. Questions did arise from that meeting • as to where the funding would come from for the study. Public Works Director Wasmund apprised the Commission that no commitments have been made from anyone at this time, however the money would come from the Water and Sanitary Sewer Core Funds and then when commitments for payment are made they would be deposited into these funds respectively. President Walsh asked if developers could be charged for this study? Commission Member Mulhern asked if the City has heard from Coates at this time? Public Works Director Wasmund answered in regard to developers, if anything they need for developing is gleaned from the report, then yes they would be charged. Public Works Secretary Dorniden has spoken with Karen Mogen, City of Coates Mayor, and she thought Coates would be contributing, however it hasn't formally gone to their Council yet. The Comprehensive Study is going to be very broad, but will not get detailed as far as lateral designs. The next item on the agenda regarded the Informational Meeting the Commission has scheduled for December 14, 1992 regarding the Rural Water Residents. Public Works Director Wasmund asked the Commission if they have any changes they may want to inject on the agenda he has presented them for the meeting. President Walsh asked if we are going to charge the Rural Water Customers the Surcharge? Public Works Director Wasmund apprised the Commission that "yes" we will be charging the Surcharge because it is not tied to any specific process. We are 0 3 UTILITY COMMISSION MINUTES • December 7, 1992 now operating and incurring cost of the system. The underlying reason for the surcharge is for system repair and replacement. Finance Accountant Korpela asked Public Works Secretary Dorniden if the City had any problems when the residents of Biscayne Way and Dodd Road hooked up? Public Works Secretary Dorniden replied there was no problems with the ones that did hook up however there are still ones that need to hook up which haven't. Finance Accountant Korpela wants the Commission to make sure that the residents are aware that the new water bill will be combined with the Storm Water bill they are already getting. Public Works Director Wasmund indicated that the Commission needs to establish policy on the rural rate structure. At this time the rate structure will be the same as the municipal structure. Since it is a separate system being operated as a municipal system, the policy could simply state it is considered the same. • Public Works Director Wasmund added Item 4e. at this time - Fee for Lead /Copper Testing. Public Works Director Wasmund apprised the Commission that along with the January 1, 1993 Utility Billing there will be a charge of $5.21 for the Lead /Copper Testing. Finance Accountant Korpela has been in touch with the Department of Commerce and the Department of Health and has been notified that this annual charge may continue indefinitely. Public Works Director Wasmund informed the Commission of a seminar he attended given by the Department of Health. At that seminar they indicated the fee may go down and also the testing may not continue. The billing sent out in January will be for 1992. The City can bill later in 1993. The payment to the State is on a quarterly basis. The results of the testing will be copied to the Commission at the next regular meeting. Finance Accountant Korpela added Item 4f. - Utility Billing Inquiry Summary. Finance Accountant Korpela gave a brief description of the form she handed out. She talked with the Commission about the certification customers and amounts. Public Works Director Wasmund presented the request for an antenna on the water tower for the Police Department. President Walsh had two questions regarding this • 4 UTILITY COMMISSION MINUTES . December 7, 1992 proposal. 1.) Is an FAA permit required because of the height and proximity to the airport ?; 2.) Should a rental fee for usage of the tower be established? Public Works Director Wasmund hasn't discussed rental fee with the Police Department. The City of Eagan will be providing us a service. President Walsh feels we are not trading services so a fee should be established, if only for electrical services. Also an agreement with Eagan should be reached for a time of abandonment when it is time for the equipment to be removed. Commission Member Mulhern would like to see a set of plans and specifications. He would like to know if coax cable is used and how it is attached. He showed concern that the contract documents with PDM Tank could nullify the warranty if we install without their approval. The City needs approval if any welding needs to be done. Public Works Director Wasmund apprised the Commission that it is coax cable that is being used. Commission Member Oxborough feels a policy needs to be established before allowing the installation of the antenna. President Walsh feels there should be a rental agreement or policy made. (Shouldn't be brought up on a meeting night, should already be made up.) Since this doesn't need to be done immediately it can be brought back to the Commission. Public Works Director Wasmund agreed to talk with the Police Chief and bring answers to the Commissions questions back to the next Utility Commission meeting. Public Works Director Wasmund apprised the Commission of a teleconference being held for Lead /Copper sponsored by the Minnesota Department of Health. If there is sufficient interest there is the possibility of having the teleconference brought to Dakota County Technical College. Commission Member Mulhern and Commission Member Oxborough would be interested in attending if it could be arranged at the College. If it can't be attended at the College Public Works Director Wasmund, City Engineer Osmundson and Public Works Supervisor Widstrom will be attending one of the other sites. It will be taken to Council to see if there is any interest on their level. Public Works Director Wasmund will take a straw poll of surrounding communities to see if any of them would be interested in attending at the Dakota County Technical College. President Walsh added Item 6a. -Cable Rate Change. • 5 UTILITY COMMISSION MINUTES December 7, 1992 President Walsh received another change for Star Cable as of November 30, 1992. The fees relate to a change in service, Basic and Standard. Since these are different levels of service it's hard to tell if this is an infraction of the franchise agreement. Public Works Wasmund will send a letter to Mike Miles, City Attorney, to see how these changes relate to our City's franchise agreement. The Commission also discussed the franchise fees and where they are in the City's system. Even though it is received into the General Fund, by request from the Commission it should be able to be put into a different fund. These funds should be built up for the installation of equipment even if the Council doesn't want to be televised at this time. At one time Public Works Director Wasmund had gotten costs for installation of camera equipment, but because Council didn't want to be televised nothing happened. Commission Member Mulhern expressed his thoughts that even if the Council didn't want to be televised that some Public Hearings or Park and Recreation programs could be televised. President Walsh reminded the Commission that the City still has the Public Access Channel to use, however the studio is off -site. Public Works Director Wasmund addressed a letter the Commission received from Mr. Reis. Public Works Director Wasmund wanted clarification if it was true that we wouldn't take one name off a billing unless it was done at the County. Finance Accountant Korpela upholds the policy that we follow the County's listing for the taxpayer to pay the bill. If Mr. Reis wants his name off the bill he would have to change it at the County. An address change can be done simply with a phone call, but a name change is a change on the title. Commission Member Mulhern asked about flushing of hydrants. Public Works Director Wasmund indicated fall flushing is done and now we're in the process of jetting the sewer system. We have had some problem areas which are being dealt with. MOTION by Walsh to adjourn. SECOND by Mulhern. Ayes: 3. Nays: 0. Meeting was adjourned at 9:05 p.m. Respectfully Submitted, Cindy Dorniden Public Works Secretary • 6 �iiy of Rosemount *PHONE (612) 423 -4411 2875 - 145th Street West, Rosemount, Minnesota FAX (612) 423 -5203 Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068 -0510 SPECIAL UTILITY COMMISSION MEETING December 14, 1992 MAYOR Edward B. McMenomy COUNCILMEMBERS Sheila Klassen James (Red) Steals Harry Willcox Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Special Utilities Commission Meeting of the City of Rosemount was duly held on December 14, 1992 at 7:04 p.m. in the Council Chambers of the City Hall. President Walsh called the meeting to order with Commission Member Mulhern, Commission Member Oxborough, Public Works Director /Building Official Wasmund, Finance Accountant Korpela and Recording Secretary Dorniden present. President Walsh welcomed the residents of the rural water system and explained the purpose of this special meeting, ie: 'billing procedures, rates and specifically how to read the meter which establishes the bill. He went on to introduce the Commission and give a brief description of what the Utility Commission does. This is a municipal enterprise funded by the fees charged for the sewer and water. • Public Works Director Wasmund discussed the billin g procedures. He explained that the meter reading which the Public Works Department will take sometime the end of December or first part of January will be the starting point for their first water bill. Around March 1, 1993 a meter reading card will be sent out for your first water bill, which will be April 1, 1993.. The meter card and bill will be sent to the property owner. He explained the dropboxes and penalties and general billing structure. He also explained that this is called a rural water system,' however in every essence of the word it is a municipal system now. It is fluoridated, chlorinated and has polyphosphate. The supply of these chemicals is set up on a demand basis. Water testing is done monthly and sent to the Department of Health. He also explained the connection charges that the residents which aren't hooked up will have to pay to hook up. Myron Napper expressed his concerns about the connections charges. He feels the City should have negotiated better with the University of Minnesota. Public Works Director Wasmund explained the certification process and the senior exemption. Right now no one on. this system will qualify for the senior exemption. They have to be on the system for four consecutive quarters before they can qualify. • Public, Works Secretary Dorniden gave a brief presentation on how to read the water meter, whether it is inside or outside the house. She also explained if the resident has 6verylkings (Poming (UP Rosemounifl A cs myow pow 0 SPECIAL UTILITY COMMISSION MEETING December 14, 1992 a problem with their meter and the City should come out to pull that meter for testing there is a $25.00 deposit to pull that meter. If the meter tests is within limits the $25.00 will be cashed, if not, it will be returned. Public Works Director Wasmund wanted to remind the residents that the City is not charging back to July 1, 1992 when the City took the system over. The billing will start the first of January as soon as the Maintenance Personnel can get out and read that meter. President Walsh closed the special utility /informational meeting at 8:25 p.m. The Commission met with the residents and answered any other questions they had informally. A workshop resumed at 8:40 p.m. to discuss the antenna request from the Police Department. Police Chief Lyle Knutsen and Police Lieutenant Dwayne Kuhns joined the Commission at a conference table to look at the plans and specifications on the antenna in relationship to the tower. President Walsh wanted it known he has no problem with the antenna, he just wants • it done correctly. Commission Member Mulhern expressed his concerns regarding safety and any damage which could be caused to the tower. Police Chief Knutsen wanted them to remember this would be the eyes and ears of the City, not a private business. Only benefits can be gained through emerging response. All parties agreed that a standard boilerplate agreement would be drafted. Police Chief Knutsen expressed his reason for doing it in 1992. The Commission agreed that the boilerplate agreement could be presented at the January 11, 1993 regular Utility Commission meeting, but the Police Department has the Commissions' go ahead on the project. Commission Member Mulhern expressed his disappointment in not being able to give permission at the last meeting, but is glad it is being taken care of now. Police Chief Knutsen apprised the Commission that the City is in hopes of having everything operational by March 1, 1993, possibly earlier. Workshop adjourned at 9:30 p.m. Respectfully Submitted, • Cindy Dorniden Public Works Secretary K C from the desk of RECEii/ED Andy & Starr Ostertag MAY 131992 Z4 - r� A -O -K Acres CITY OF ROSEMOUM ;'ti, New Trier, MN i n 'te ""'� �"- 6 ` %