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HomeMy WebLinkAbout4.a. Minutes of April 2, 1991 Regular Council MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, April 2, 1991, at 7:30 p.m. in the Council Chambers at City Hall. Mayor Napper called the meeting to order with all members present. Mayor Napper led the group in the Pledge of Allegiance. The agenda was amended to include the following: Item 3(c) Community Flower Garden Award; Item 4(h) Contract Approval for Resource Strategies; and Item 4(i) Approve Purchase of Softballs. See Clerk's File 1991-12. Parks & Recreation Director David Bechtold presented to the City Council an award the City received from Governor Arne Carlson on February 19, 1991. The award entitled, "Minnesota Green Community Gardening Award", was presented to the City in recognition of the Rosemount Community Flower Garden. The Consent Agenda was reviewed by the City Council. The last sentence in the first paragraph on page 5 of the March 19, 1991 minutes was corrected by replacing the word "impede" with the word "require". MOTION by Wippermann to approve the Consent Agenda with the addition of Item 4(h) and Item 4(i) and with the correction to the March 19, 1991 minutes. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. See Clerk's File 1991-12. Public Works Director Ron Wasmund reviewed with Council the bid tabulations for the purchase of maintenance equipment. Wasmund recommended authorization to purchase a utility tractor and implements from Carlson Tractor in the amount of $31,433.00 and to purchase an 18' Howard Mower from McQueen Equipment in the amount of $39,650.00. Since the bids received for a snow plow did not include the required bid bond, the public works director requested Council to consider rejecting the snow plow bids and authorize staff to obtain quotes on this item. Discussion was held concerning the feasibility of purchasing the equipment at this time in lieu of the loss of state aid the City will experience this year. City Administrator Jilk advised amendments to the 1991 budget have been addressed by staff and recommendations will be provided to Council for consideration in the very near future. See Clerk's File 1991-12. MOTION by Napper to accept the bids for utility tractor and award the bid to Carlson Tractor & Equipment, to accept the bids for the 18' mower and to award the bid to McQueen Equipment and to reject the bids for the snowplow and authorize staff to obtain quotes for the snowplow. SECOND by Oxborough. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. City Administrator Stephan Jilk presented for Council consideration a draft letter to USPCI, Inc. confirming the City Council's position on the University of Minnesota land as the location for all waste management projects within the City. The letter reconfirmed the City Council's desire for USPCI, Inc. to move their project to the University of Minnesota property and the low possibility of Council approval for the Highway 55 location. See Clerk's File 1991-12. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 MOTION by Willcox to approve the letter to USPCI, Inc. indicating the City's position on the location of their facility. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. Council considered a resolution to release funds available in certain debt service accounts and transfer those funds to a bonds paid up account. Administrator Jilk advised once the funds are available in the bonds paid up account, Council will be requested to take action to transfer the funds to the General Fund. See Clerk's File 1991-12. MOTION by Oxborough to adopt A RESOLUTION ORDERING THE DEFEASANCE OF CERTAIN OUTSTANDING DEBT OBLIGATIONS. SECOND by Wippermann. Ayes: Oxborough, Klassen, Wippermann, Napper. Nays: Willcox. City Administrator Stephan Jilk commented on the discussions with representatives from the Cities of Farmington, Lakeville and Vermillion concerning the airport search process and referred to resolutions adopted by these cities regarding this issue. Administrator Jilk informed Council of a meeting scheduled for April 3, 1991, at Vermillion City Hall to discuss -a potential effort by townships and the Cities of Farmington, Lakeville and Vermillion to lobby the Legislature to stop the process of a search area designation until a feasibility study is completed on the relocation of the airport. See Clerk's File 1991-12. MOTION by Klassen to support the coalition to lobby the Minnesota State Legislature tostopthe airport search process until a feasibility study is completed on the moving of the Minneapolis/St. Paul International Airport. SECOND by Wippermann. Ayes: Klassen, Willcox, Wippermann, Napper, Oxborough. Nays: 0. On behalf of the Blandin Community Leadership Program delegates, Joe Walsh thanked the City Council for their support of the program and for funding the transportation of the delegates to the program. Mr. Walsh requested Council consideration to support a project chosen by the Rosemount Blandin delegation entitled, Community Media Resource/Reference Center. Mr. Walsh explained the purpose of the project and advised the overall goal of the project to develop a community resource reference center. A task force would be formed to determine and take the necessary steps to realize the project. See Clerk's File 1991-12. MOTION by Kiasseri supporting the proposed Rosemount Community Media Resource/Reference Center Project as presented by the Rosemount Blandin delegation and further designating Tracie Pechonick to represent the government sector on the proposed task force. SECOND by Wippermann. Ayes: Willcox,-Wippermann, Napper, Oxborough, Klassen. Nays: 0. City Clerk Susan Walsh presented for Council adoption a proposed city policy entitled, "Hepatitis B Vaccine Policy", which would allow the City to offer to its volunteer firefighters, sworn police officers and police reserve officers}a series of vaccinations against Hepatitis B infection. City Clerk Walsh advised Federal OSHA has mandated employers evaluate and assess which employees are at risk of Hepatitis B infection and provide the Hepatitis B vaccine at no cost to the employee. The city clerk advised vaccine clinics have been arrange with Rosemount Family Physicians, 15120 2 r ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 Chippendale Avenue. The estimated cost of the series of three vaccinations provided over a 180 day period would not exceed $9,000 if all the City's "at risk" employees consented to the vaccinations. See Clerk's File 1991- 12. MOTION by Napper to adopt the Hepatitis B Vaccine Policy and to approve the cost as proposed by the City Clerk for the Hepatitis B Vaccinations for police officers, police reserve office and volunteer firefighters. SECOND by Willcox. Ayes: Wippermann, Napper, Oxborough, Klassen, Willcox. Nays: 0. Public Works Director Ron Wasmund presented a petition received from U. S. Homes Corporation to do the public improvements of streets, utilities, street lights and walkways for Country Hills 4th Addition. Wasmund recommended ordering the feasibility report and plans and specifications noting the project is 100% assessable to U. S. Homes Corporation. See Clerk's File 1991-12. MOTION by Oxborough to. -adopt A RESOLUTION RECEIVING PETITION AND ORDERING THE FEASIBILITY REPORT FOR COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #222. SECOND by Napper. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. MOTION by Napper to adopt A RESOLUTION ORDERING PLANS AND SPECIFICATION FOR COUNTRY HILLS 4TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #222. SECOND by Oxborough. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. City Administrator Stephan Jilk requested that Council approve the date of May 4, 1991 as the City's annual Rosemount Community Clean-up Day. Jilk advised that because of increasing costs to operate the clean-up event, staff will be able to minimize costs by not accepting yard waste, charging a small fee for the disposal of tires and mattresses/box springs and reserving the right to limit loads brought to the collection site. See Clerk's File 1991-12. MOTION by Wippermann to approve the date of Saturday, May 4, 1991, as the date for the 1991 Rosemount Community Clean -Up and to authorize staff to prepare the appropriate notification for the event. SECOND by Klassen. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. Council discussed the appointment of a city representative to serve on the Dakota County Ground Water Planning Task Force. It was recommended that Dan O'Neill, 12549 Danbury Way, who represents the city on the Vermillion River Watershed WMO, be asked to serve on this task force. Council unanimously concurred to Dan O'Neill's appointment to the task force if he accepted. See Clerk's File 1991-12. Parks & Recreation Director David Bechtold requested Council authorization to purchase a six foot wide slit seeder from Carlson Tractor. Bechtold recommended accepting the net quote of $3,960.00. Carlson Tractor quoted a trade in value for the City's 1989 four foot slit seeder in the amount of $3,445.00. See Clerk's File 1991-12. 3 MOTION by Napper to accept the Rosemount and to authorize the price of $7,405.00 and at the Oxborough. Ayes: Wippermann, 0. a ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 quote form Carlson Tractor Company of purchase of a Landpride 72 seeder for a net price not to exceed $3,960.00. SECOND by Napper, Oxborough, Klassen, Willcox. Nays: Parks & Recreation Director David Bechtold requested authorization to purchase a field drag from MetroTurf, Inc. of Farmington in the amount of $3,170.00. See Clerk's File 1991-12. MOTION by Napper to accept the quote form MetroTurf, Inc. of Farmington, MN and to authorize the purchase of a Model 784HD-3,2-96 field and maintenance drag for the amount of $3,170.00. SECOND by Oxborough. Ayes: Napper, Oxborough, Klassen, Willcox, Wippermann. Nays: 0. City Administrator Stephan Jilk presented to Council his recommendation to appoint the law firm of Hertog, Fluegel, Sieben, Polk, Jones & Laverdiere, 999 Westview Drive, Hastings, Minnesota as the City's legal counsel effective May 1, 1991. Administrator Jilk reviewed the process involved in making the final selection of this law firm as the City's legal counsel. The administrator further reviewed with Council the proposal submitted by Attorney Eric Short which outlined the law firm's proposal to represent the City during the period of May 1, 1991 through December 31, 1991. A concern was expressed from the City Council that the City would not have the ability to select other law firms for special projects based upon the proposal received from the law firm of Hertog, Fluegel, Sieben, Polk, Jones & Laverdiere. Another concern expressed from the Council was the existing and potential conflicts of interest this law firm would present if selected as the City's legal counsel. See Clerk's File 1991-12. MOTION by Willcox to adopt A RESOLUTION APPOINTING THE FIRM OF HERTOG, FLUEGEL, SIEBEN, POLK, JONES & LAVERDIERE AS THE CITY'S GENERAL LEGAL COUNSEL and to direct the completion of a contract with that firma SECOND by Napper. Council concurred the preceding motion should be amended to clarify the legal services would include both general and prosecuting services. MOTION by Willcox to adopt A RESOLUTION APPOINTING THE FIRM OF HERTOG, FLUEGEL, SIEBEN, POLK, JONES & LAVERDIERE AS THE CITY'S LEGAL COUNCIL FOR GENERAL AND PROSECUTING SERVICES and to direct the completion of a contract with that firm. SECOND by Napper. Poll of amended motion: Ayes: Napper, Oxborough, Willcox. Nays: Klassen, Wippermann. Poll of original motion: Ayes: Oxborough, Willcox, Napper. Nays: Klassen, Wippermann. MOTION by Napper to authorize attendance of Council members and staff at the League of Minnesota Cities Conference, June 11-14, 1991 with expenses to be funded from account 101-41110-01-437. SECOND by Wippermann. Ayes: Oxborough, Klassen, Willcox, Wippermann, Napper. Nays: 0. See Clerk's File 1991-12. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 City Administrator Stephan Jilk reviewed the conference program for the League of Minnesota Cities Legislative Conference to be held on April 10, 1 991 . See Clerk's File 1991-12. City Administrator Jilk presented for Council approval a proposed press release regarding the special investigation completed by Attorney Jack Clinton. Jilk recommended publishing the press release in the "Countryside", "ThisWeek" and "Farmington Independent". Council concurred to the content of the release as revised and requested city staff to take the necessary steps to insure the press release will be printed in its entirety. See Clerk's File 1991-12. MOTION by Napper to approve the press release to the news media. SECOND by Wippermann, Napper, Oxborough. Nays: release as amended and to direct its Klassen. Ayes: Klassen, Willcox, 0. City Administrator Jilk presented for discussion the potential ability of the City to control land use on the University of Minnesota property and the potential authority the City will have in approving projects on the University property. Administrator Jilk referred to correspondence received from the Metropolitan Council and the Dakota County Attorney's office which indicates these entities' recognition of this potential control if exercised by the City of Rosemount. Jilk advised the RECOMP project, the County's hazardous material storage proposal and even the Resource Recovery Project may all be determined by the City if the City has and is willing to exercise its land use authority. Jilk advised further clarification needs to be made on this issue, and he will keep the Council well advised. See Clerk's File 1991-12. Council reviewed the third draft of the proposed stormwater utility for the City which was reviewed by the Utilities Commission at a special meeting on March 25, 1991. Administrator Jilk advised the Utilities Commission has requested staff to prepare examples illustrating how projects and operation and maintenance would effect the rates. See Clerk's File 1991-12. Administrator Jilk requested Council consideration to set a special council meeting on April 30, 1991, immediately following the Board of Review special council meeting to allow city department heads to update the City Council on each of the department's programs and projects. See Clerk's File 1991-12. MOTION by Napper to approve a special council meeting work session with department heads on April 30, 1991 following the Annual Board of Review. SECOND by Willcox. Ayes: Willcox, Wippermann, Napper, Oxborough, Klassen. Nays: 0. 0 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 2, 1991 MOTION by Napper to adjourn. SECOND by Klassen. Ayes: 5. Nays: 0. Respectfully submitted, Susan M. Walsh, City Clerk ATTEST: Stephan Jilk, City Administrator Published this day of , 1991 in