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Home My WebLink About4.a. Minutes of October 3, 1989 Regular Meeting s.. ��. . . � . . . . . . . .• . . . � � . . . .: . � . ROSEi�+iOt� CTTY PR�CEEDINGS REGULAR MEETING OCTOBER 3, 1989 Pursuant to due call and not3.ee �heareof a �regu�ar meetirtg af the City Council of the City of Rosemount was duly held on Tuesday, Octok�r 3, 1989, at 7:30 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with all members present. t�iayor Hoke 1ed the group in the Pledge of Allegiance. The agenda was amended to inc3ude Item 7(g) HRA Market Study Funding Request; I�em 7(i} American Legian Sidewalk, Curb & Gutter Improvements; and Item 9(b) Goals and Objectives Sessian Discussion. Mayor Hoke proclaimed th� week of October 8-14, 1989 as Fire Prevention Week. See Clerk' s F3.le 1989-33. MOTIDN by Wippermann to approve the Consent Agenda as presented. SECOND by Oxborough. Ayesz ►�alsh, Wippermann, Hoke, axborough, Napper. Nays: 0. See Clerk' s File 1989-33. Couneil 3iscussed the justi�ication o� spending several hundred dollars for publishing the entire Ordinance B, as opposed to publishing a summary of the ordinance, Council reviewed the summary as prep��red by staff and coneurred the summary was an appropriate m�ans for publishing the new zoning ordinance adopted at the September 19, 1969 Council m�et�.ng, CQuncil requested that the �ummary aiso bs �.ncludec� in the next edition of the community newsletter. Fil,e 1989-33. '''. MOTION by I3oke to �pprove the SUMMARY f3F CONTENT �F ORDINANCE 8, AN 4RDINANCE E32ABLISHIAIG Zt7NING RBGULATIONB IN GITY OF R4S�Mt?UNT, with the pr4vi�i,on that a printed capy of Qrdinanee B be ava3.lable for inspection during regular 4ffice haurs at City Hall. SECOND by �xbo.rough. Ayes; Wippermann, Hake, Oxbarough, Napper, Walsh. Nays: 0. Charles Lowery, Director of Dakota Cc�unty Parks Depar�ment, requested pE:rmission from the City Couneil to allow the cQun�y to hold a bow and arrow d�er hunt in the city's portion of Sparing Lake Bark Reserve. Lowery advised a rec�ntly conducted deer count indicat�d th� park axe� is over-populated with deer which could result in automobile aeeiden�s, damage to crops and poss�.ble starvat3.on of the deer, Lowery stated the county w3,11 issue approximately 100 permits on a firs� come first serve basis, and the special hunt wi].1 be from the end of O�tober through November. See Cl.erk' s Fil� 1989-33. MOTI4N by Hoke to a�prove the bow and �.rrow deer hunt in Spring Lak� Park Reserve on dates to be det�rmined by the eount�r, SECOND by Napper. Ayes; Hake, tJx�nrough, Napper, Walsh. Playsz Wippermann. A3ministrator Stephan ,7zlk presented the recommendation o� the committee charge� with int�rviewing the three firms chosen in respanse to �he city's reques� for proposal� for a space needs study for city facilities, Jiik outlined the committee' s reasons for reaching a � CI�� pgpG�� gE�►�R �EE NG EGULA 19�g _ �, tlte � �C�OF3ER 3' eg to c��pl�t y , rm�� a�a ��o��t � Q� ��o,�m�nd $Oa � � me�o�can A��o��,ate�a �onsen�u� F,°.a.�-� 19�9"'33• �,�txa��xtQ$Q��m�`iY 1� as�u t��f �in�dY o U S�Q C l e r k � Wit� A c 3 m�-�o�t r�� e�d s A n� t h e �' s� ' t o eOn��w a xa �'��h e Spa��s F'�°�e�� ,�,x, wa�-�h' bY Napgez a9 an�, ta 1Qt ri O f fQ.� t h� � h� 1 3 a p F N 1cJ'�;��b�� 2� , �� t}�,e �Qm� ��y' � R e�. pxb°ro �J �x a.� SePtem �l.�s� �a a.rid �h h• Ay ' ona�cY Y't►e m al ou9 ��nneap �ap°s Q�,box ,�o�at�- �al�h� �n �he�� p S��pND bY NaY�' �� o Mat�° �'��Ye' �`�'ppE�I 33 ke• and �. Wipp��mannr xO aPpr°�� p k�Y Oxbo�Q g zopo��` CitY bY goke t e� S�C4.�. NaYs. � t�e P �gg� , �Q�IF�,�re �e'�Ko e� �XbO�ou� aring t° ��,mFr v�me�� of n �p�Q�m�ri , the publ�� S�orm Sew� ��av�t Q �ee �aY Qx t�ok�= °�Qr��I�Wk�'�� pp� h� re�Ora e s�� Qt��'g. as e�t ��6. k P��sent��°an �Q`�'�ed ti. a�d a b�ie� s�� pro'� r I��`�r Q� Ma xovi �� admin�st an ��i�avit � m�,�agex� p ' t�� 'P �u�li�at�'°ie 19$`�-3�• m b�,li r p��Q th� P�o�je�� m�� p� �a� Cl�rk� g E� ees 5t�'v� ox� �-�'yO�v�d t11e 5torm�� l�y�sme d vo row ��lti�q �nhe �QnstruGt� repo�tea r P��e' th�he '��'�`�t3,on� a�a Go ervi�� o�. t �ev Klei� �� to P develoP Q�men�� e es to rec �V En9i��e� garr En9iin relp�n��,ng t�`� � �?6 �On�u itY �Ont�sory comm�-fl�e asP�at s�w x plan� th�, �a�c�o�°m wa�e� ��.t��,��rePhe �ty�wiae St°rm �hQ a��a v�p°ri �'ha $e��in9a�9e ��e pra ec��e� o� t revi.ewea s 1p��e� m�nd� on c� �, °b� Ri.ah Ke�'ti U��t xate �f h�s ��en G°��e ar�� x�to�� . t En9�'�e e=asses�me�t�dvi.�ea�to th� G�� a�aix�e�;fo� t113.in'�� un Ci Y �'� K�fti Val�n �o ma� tifi t eng ��,al aav�'s t on �e�• xat� equ�- vements e was �u� 2h�m�lY res�dg�' Kc�f'�i cQ�n ssm��t un�-t�n� �� -�nP�t�on Gha�th�►t ygar� la fa �, �cat�' �:sse e ��'d conr1e �a in $ s�n.�3 ��t��es �ost� a f a'� �'u�ha� t�e 1 t$wa� in�ie�a�ed °�a h�,n �•�� st��M�ari.n9 t° t� na�,ed �ne F�o�ment a�heau �en Yea�Qm�ax�.son ,�Q�emen'� s�,nce Qa a paY r�,ad Qv� on the ��13.c imP �cs'�� at e°� ��,aea a� o�c�x 1 � �h�pro�$Gt' ��,,�ez�� f x �Qj,� o Pxa� th� pQ a v�3.th �,�,ua he�� ent als ented at a��oc�ate ,��,�, on hi n�emx►a�i°th$ a�s��m es i�'`�O� ac�u�l �os�� xQn �omm�nat �h�a��►i.n�a�he P�oP�r�'�' x��'� �and h� ��e� a�V��Ue rea�n�nt$a� A�p o�e �g1 T�e ass��t of the ��e�� px � ��un�, tX� �,h� �mou ar►��,��,�;� �Y be 2 ' . � ROSEMOiJ� CITY P�2CICEEDINGS REGULAR MEETING OCTOBER 3, 19$9 Several questions of clarification w�r� asked by Council and members of the au�ience. Administrator Stephan Jilk presented for the reeord letters received prior to the public hearing �rom individual property owners objecting to the propQsed assessment against their property. See Clerk's File 1989-33. Attorney Gerald �, Duffy informed Council he represented a iarge ' contingent o� property owners in the assessment d3.strict who ob�ected to ths proposed assessments. DuEfy outiined to Council several r�asons why �he proposed assessments should not be approved. The attorney also presented numerous letters of abjections fram property owners oppasing �he assessment against their specific property. See Clerk's File 1989- 33. Several other members in the audtence voiced their objections �.o the assn,>>nents and/or prc�sented letters of ol�jeotion. See Clerk' � Fil.e 1989-33. MOTTON by Napper to close the public hearing. SEGOND by Oxborough. Ayes: Walsh, Wippermann, Ht�ke, Oxborough, Napper. Nays; Q. Me�nbers of the Couneil concuxred Froject 176 was n�cessary far praviding a drainage pond far the present and future drainage needs arf the ass�ssea azea. Couneil fur�her concurred that Pro�ect i76 was one of the first phases in meeting the Qbjectives o� �he sstorm water master plan €or �he city's overall storm sewer needs. Council discussed whether the assessed prope�ties received immediate bene€it or whether assessments should be deferred until benefit was �rovided through City Pro�ect 177. Council reached a cons�nsus the proper�ies in the ass�ssan�nt area rec�ived benefit from the improvements at le�st equivaien� to the assessrnent rate. M�TTON by Hoke to adopt A RES�LUTIQN, A RESOLUTTQN ADOPTING ASSES�MEAIT ROLL, HAWKINS POND STORM SLWSR IMPROVEMENTS, PROJSCT AiO. 176. SECQAfD by Napper. Ayes: Wipperrnann, Hoke, Napper, Walsh. Nays; Qxborough. Counc�.1 unanimausly consen�ed to a reeess at 10tUO p.m. with the meeting eontinuing at 10:14 p.m. Administratar Stephan �ilk reviewed with Council a draft of the Development Commitment and Trust Agreement entitled, �JSPCI, Znc. Rosem�unt Community Trust, }�etween the city and USPCI, Ine. The dc�cuments set out the finaneial. comrni�ments }�y USPCIr Inc. regarding th� �roposed location of a non-hazardous industrial waste containment facility in the city. t1SPCI, Inc. representatives were available tQ discuss and answer questions from the Council. See Clerk's File 1989- 33. 3 j • • RUSSMOt1� CTTY FROCTEUINGS REGULAR MEFTTNG OCTflBER 3, 1989 MOTIQ�T by Walsh to conaur with �he Developm�nt Commitment presen��d by USPCT, tne. and to authori�� th� necess�rX siqnatures. SBGt?ND by Hcake. Aye�: Hoke, Oxborough, W�lsh� Wippermann. Nayst Na�per. MOTION by Walsh to accept the USPCz, Tnc. Rosemount Cammunity Trus� farmat and content as Exhibit "B" to the Development Comm3.tment sub�ect �o changes in Item No. 7, to inelude that Tru�tees must be a resident of RosemQunt and to de3.ete th�e prcavision that a Tru�tee "s'hall always include one member from the business community of Rosemount". SECC?ND by Hoke. Ayes: Oxborough, Walsh, Wippermann, HQke. Nays: Napper. Cornmunity �?evelopment Direetor Dean Johnson reviewed with Council a pro�aosed amendment ta the Wensmann Additions Planned Unit Development Agreement to allow the city to assess sanitary sewer costs t,he developer owes for W�nsmann 1st through 4th Aclditions ancl to assess estimated cans�ructian costs for Diarnond Path. Johnson advised assessing the �stimatecl construct3on costs prior to cQmpletion Q£ the Diamond Path project would avoid assessing individual property ovrners when the �ro�ect is com�leted. See Clerk's Fil� 1989-33. MOTION by Walsh to approve th� amendment to the Wensmann Additi�n� Planned Uni� Development Agreem�nt. SEC4ND by �xboraugh. Ayes: Walsh, Wi.ppermann, Hoke, Qxborough, Napper. Nays: Q. Following a propasal �.rom Admi,n#.strator Stephan Jilk regarding possihle city involve�nent i.n �he Red Rik�bon C�mpaign, Council coneurred with the conce��t presented by the adm3.nistratQ�. Council requ�sted t�at the administrator pr_esent a fina� recvmmendation regarding the etty's invalvement in the drug freeJchemical abuse eampaign a� the Oe�ober 1T, 1989 meeting. See Clerk's File 1989-33. 1�dminis�rator Stephan Jilk informed Council. of the Rosemoun� HR�'s autlzarization ta 11ire cc�nsultants to conduct a market study of the downtown area and the commerci�.i area on Caunty Road 42. Jilk adv3sed th� HRA Board requested tha� Council authorize eost sharing of the study as we11. as participating in the final presentation and review of the market study. MOTION by Wipperrnann to approve sharing the expense of the market study initiatAd by the Rosemoun� �iRA on a fifty percent bas3.s 3.n an amount not to exceed $4,500.00 for the eity's share of the total eost. SECOAID by Hoke. Ayes: Wippermann, Hoke, Oxborough, Napper, Walsh, Nags: 0. City Engineer Rich Hefti recommend�d that the Caun�iT approve the bid presented to the American Legion by Berg Construction for tfie sidewal.k, curb and gu�ter improvements pro�ect. Iie€ti advised the b�,d offered by Berg Construction was below the estimated cost and app:roval of this expenditure wou].d a11ow the projec� to continue con�urrent].y with the Atnexiaan Legion project. 4 - ,� , • ROSPMOi� CITY PROCEEDINGS REGULAR MEETING OCTOBER 3, 1989 MOTZON by Oxborough to app�ove the expenditure not tQ �xceed $47,586 far the American Legion 5id�waik, Curb and Gutter Pro�ect. SECOND by Hoke. Ayes: Hoke, Oxbo�qughr NaPPex'� Walsh, Wipp��nann. Nays; 0. t�ayor Hoke advised the Towz� Green Ad Hac Committee will hold its first meeting on Oatober 1a, 'l989, at 7t00 p.m. Administrator Stephan Jilk �dvised Diane Traxler of Decision Resourees has rPcammended that the goals and objpetives ses�ion seheduled for October 11 , 1989 be postponed t� the end of Nov�mb�r. Jilk advised he concurre�3 with the recommendations af Decision Resources ta include any newly electad members to the cauncil in the session, Jilk stated tl�e transition from the current council to the new coune3l �ould be much more effeetive in dealing with the issues brought out from the recent citizen involvement process. The Coune�l unanimously concurred with this r�commendatian. MQTZON by 4xborouqh to adjourn. SECONt? by Wipt�ermann, Ayes: 5. Nays: U. Respeetfully submitted, Susan M. Johnson, neputy Cierk ATTEST; St�pli�n Jilk, Administrator/Clerk Published �his day o€ , 1989 in Dakota Countv Tribune. 5