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HomeMy WebLinkAbout4.a. Minutes of may 17, 1988 Regular Meetingr ROSEMOUNCITY PROCEEDINGS REGULAR ETING MAY 17, 1988 Pursuant to due call and notice thereof the Regular Meeting of the City Council of the City of Rosemount was duly held on Tuesday, May 17, 1988, at 8:00 p.m. in the Council Chambers of the City Hall. Mayor Hoke called the meeting to order with Counciimembers Walsh and Napper in attendance and Councilmembers Wippermann and Oxborough absent. Mayor Hoke led the group in the Pledge of Allegiance. Mayor Hoke opened the public hearing scheduled for 8:00 p.m. to consider street and utility improvements for O'Leary's Hills 4th Addition, City Project 184. The Administrator/Clerk had in his presence the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1988-15. Consulting Engineer Steve Campbell described the project area and gave a breakdown of estimated costs. The total estimated cost of the project is $274,000. Campbell advised approximately $24,000 will be appropriated from the sanitary sewer core facility fund for oversizing. City Engineer Rich Hefti advised the project was initiated through a petition received from the developer of the project. There were no comments or objections from the audience regarding this project. MOTION by Walsh to close the public hearing. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. MOTION by Napper to adopt Resolution 1988-36, A RESOLUTION FOR APPROVAL OF STREET AND UTILITY IMPROVEMENTS IN O'LEARY's HILLS 4TH ADDITION, PROJECT #184. SECOND by Walsh. Ayes: Hoke, Napper, Walsh. Nays: 0. MOTION by Walsh to adopt Resolution 1988-37, A RESOLUTION ORDERING THE PLANS AND SPECIFICATIONS FOR STREET AND UTILITY IMPROVEMENTS IN O'LEARY'S HILLS 4TH ADDITION, PROJECT 0184. SECOND by Napper. Ayes: Napper, Walsh, Hoke. Nays: 0. Regular agenda discussion resumed at this time. MOTION by Walsh to approve the Consent Calendar. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. See Clerk's File 1988-15. Al Heinen from the city audit firm of Boeckerman, Heinen & Meyer presented a brief overview of the annual financial report for the year ended December 31, 1987. Since the report was just received by Council at the meeting, Council agreed to postpone action on the audit report to the next regular Council meeting. See Clerk's File 1988-15. MOTION by Walsh to table the 1987 annual financial report to the June 7,1988 Council meeting. SECOND by Napper. Ayes: Iioke, Napper, Walsh. Nays: 0. Jerry Shannon of Springsted, Inc. presented the bids for the $1,100,000 Taxable General Obligation Tax Increment Bonds, Series 1988A which were R • ROSEMOUN CITY PROCEEDINGS REGULAR WTING MAY 17, 1988 opened at 7:30 p.m. at the Rosemount Housing & Redevelopment Authority meeting on this date. Shannon recommended accepting the bids and awarding the sale of the bonds to Cronin & Co., Inc. at a net effe^tive rate of 9.4853%. The Administrator/Clerk had in his presence the Affidavits of Publication. See Clerk's File 1988-15. MOTION by Walsh to accept the seven bond bids received and to place the bids on file. SECOND by Napper. Ayes: Napper, Walsh, Hoke. Nays: 0. MOTION by Walsh to adopt Resolution 1988-38, A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $11100,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1988A. SECOND by Hoke. Ayes: Walsh, Hoke, Napper. Nays: 0. MOTION by Napper to approve the Tax Increment Pledge Agreement between the City of Rosemount and the Rosemount Housing & Redevelopment Authority. SECOND by Walsh. Ayes: Hoke, Napper, Walsh. Nays: 0. City Engineer Rich .Hefti presented staff's recommendation to award the contract for the tractor/loader/backhoe replacement to Carlson Tractor & Equipment for the Ford Model 555B, including all options, in the amount of $46,257. Hefti reviewed the reasons the John Deere Model 310C did not meet all the specifications. See Clerk's File 1988-15. MOTION by Walsh to award the contract for the tractor/loader/backhoe replacement with options to Carlson Tractor & Equipment in the amount of $46,257. SECOND by Napper. Ayes: Napper_, Walsh, Hoke. Nays: 0. Architect Milt Bruflodt reviewdd the plans and specifications for the fir, station stucco project. Bruflodt informed Council the proposed stucco type finish would be sprayed over insulation board around the exterior of the fire hall causing an increase in the insulation capacity of the building and a reduction of the moisture and air inflow problems currently being experienced. The architect requested Council's further consideration to bid alternates for a colored stripe and lettering. See Clerk's File 1988-15: MOTION by Walsh to approve the plans and specifications and to authorize advertisement for bids for the fire station stucco project with a bid opening date of June 16, 1988, at 10:30 a.m. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. City Engineer Rich Hefti updated Council regarding a recent meeting of city staff with School District 196 officials regarding the school district's potential cost sharing of the Chili/Chippendale,intersecxt.ion project. Hefti advised the school district can only expend funds for public roads if the public roads are adjacent or through school district property. Hefti stated there was discussion at this meeting regarding the possibility of re-routing some of the bus traffic in an attempt to eliminate traffic problems at the Chili/Chippendale and 145th Street intersection. No action was taken by Council, and City Engineer Hefti advised further meetings will be held with the school district regarding this matter. See Clerk's File 1988-15. N ROSEMOU*CITY PROCEEDINGS REGULAR ETING MAY 17, 1988 City Engineer Rich Hefti presented the Feasibility Study for sidewalk Replacement for 1988, City Project 186. The city engineer cited past precedence demonstrated a 50-50 cost sharing for sidewalk cost and replacement. Hefti recommended maintaining this 50/50 policy for sidewalks that require removal and replacement; and in areas where sidewalks are in good condition but out of alignment at the contraction joints, the city would be responsible for 100 percent of the cost to repair by the method of mud jacking. Discussion ensued regarding the proposed assessment policies with Council unanimously agreeing to table any action until the full Council was in attendance. Hefti requested that Council approve the expenditure for the mud jacking portion of the project. See Clerk's File 1988-15. MOTION by Napper to approve the proposed mud jacking improvements listed in the feasibility report and recommended by City Engineer Hefti. SECOND by Walsh. Ayes: Hoke, Napper, Walsh. Nays: 0. Community Development Director Dean Johnson presented for Council approval a resolution authorizing the joint powers agrev:!ment necessary to allow the six cities, who are pursuing a study to opt -out of the Metropolitan Transit Commission system, to enter into contractural agreement with the Regional Transit Board to receive a grant and to enter into a contract with a consultant to perform the study. Council further reviewed a draft request for proposal for this consultant service. See Clerk's File 1988-15. MOTION by Walsh to adopt Resolution 1988-39, A JOINT RESOLUTION FOR THE AREA NEEDS ASSESSMENT/TRANSIT STUDY. SECOND by Hoke. Ayes: Napper, Walsh, Hoke. Nays: 0. MOTION by Walsh to approve Change Order #1 for 130th Street/Jay Simon Addition in the amount of $10,481.75. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. MOTION by Walsh to approve the hiring of Rhonda Weber for the position of Community Development Secretary. SECOND by Hoke. Ayes: Hoke, Napper, Walsh. Nays: 0. As president of the Cable Commission, Councilmember Walsh advised the Cable Commission at their last meeting discussed the sale of stock of Metro Cable Company to Star Midamerica IV, Inc. The Cable Commission's main concern was if there was a possibility of renegotiating the public access portion of the franchise agreement. Administrator Stephan Jilk advised the city attorney indicated that unless there is evidence that the proposed buyer is in poor financial condition, the City cannot renegotiate any portion of the franchise agreement because of ownership transfer. Jilk further stated staff has received extensive research from other communities which has indicated the new company is in sound financial condition. See Clerk's File 1988-15. MOTION by Walsh to adopt Resolution 1988-40, A RESOLUTION APPROVING THE CHANGE OF CONTROL OF METRO CABLE, INC., A MINNESOTA CORPORATION, TO STAR MIDAMERICA IV, INC., A WISCONSIN CORPORATION, SAID FRANCHISE HAVING BEEN ORIGINALLY GRANTED BY ORDINANCE NO. XI.12. SECOND by Hoke. Ayes: Walsh, Hoke. Nays: 0. Abstain: Napper. 3 ROSEMOU*CITY PROCEEDINGS REGULAR STING MAY 17, 1988 Council' reviewed the proposed ordinance to renew the franchise granted to Peoples Natural Gas Company for a period of 25 years. CouncilmAmber Walsh, a president of the Utilities Commission, advised the commission recommended approval of the franchise renewal. See Clerk's File 1988- 15. MOTION by Walsh to adopt Ordinance XI.13, AN ORDINANCE OF THE CITY OF ROSEMOUNT, MINNESOTA GRANTING TO PEOPLES NATURAL GAS COMPANY, DIVISION OF UTILICORP UNITED, INC., ITS LESSEES, SUCCESSORS AND ASSIGNS A NON- EXCLUSIVE AUTHORITY FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO ERECT,, MAINTAIN AND OPERATE, A GAS DISTRIBUTION SYSTEM AND ANY AND ALL NECESSARY MAINS, PIPES, SERVICES AND OTHER APPURTENANCES THEREUNTO APPERTAINING IN, UPON, OVER, ACROSS AND ALONG THE STREETS, ALLEYS, BRIDGES, AND PUBLIC PLACES OF THE SAID CITY, AND FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF NATURAL AND/OR MIXED GAS FOR LIGHTING, HEATING, INDUSTRIAL AND ALL OTHER USES AND PURPOSES IN SAID CITY AND FOR THE PURPOSE OF TRANSMITTING AND CONVEYING SUCH AS INTO, THROUGH OR BEYOND THE IMMEDIATE LIMITS OF SAID CITY TO OTHER CITIES, TOWNS AND CUSTOMERS, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE SAID COMPANY IS TO OPERATE, AND REPEALING ORDINANCE NO. XI.4 OF SAID CITY. SECOND by Napper. Ayes Walsh, Hoke, Napper. Nays: 0. Community Development Director Dean Johnson introduced the final plat for South Robert Square. Johnson advised the final plat was changed somewhat from the preliminary plat because of changes in square footage of the structures and changes in future ownership. Johnson also noted the outlot which will serve as a common area to be shared by the owners of Lots 1 and 2. Council was informed the Planning Commission recommended approval of this final plat. See Clerk's File 1988-15. MOTION by Napper to adopt Resolution 1988-41, A RESOLUTION APPROVING THE SOUTH ROBERT SQUARE FINAL PLAT. SECOND by Walsh. Ayes: Hoke, Napper, Walsh. Nays: 0. Council reviewed the final plat for Wensmann Second Addition which consists of 65 single family lots. Community Development Director Johnson advised the Planning Commission recommended approval subject to execution of the development contract. See Clerk's File 1988-15. MOTION by Walsh to adopt Resolution 1985-42, A RESOLUTION APPROVE THE WENSMANN SECOND ADDITION FINAL PLAT. SECOND by Hoke. Ayes: Napper, Walsh, Hoke. Nays: 0. There was a ten minute recess at 9:30 p.m. Community Development Director Johnson advised that during the recess the developer Wensmann Additions indicated he is ready to sign the development contract and requested Council's approval in order that he may begin on the second addition immediately. MOTION by Walsh to approve the development contract and to authorize the necessary signatures. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. City Engineer Rich Fefti requested Council action to approve the plans and specifications for Sanitary Sewer Extension, Lift Station ##4 to 4 ROSEMOU CITY PROCEEDINGS REGULARWETING MAY 17, 1988 Shannon Parkway, Contract 1988-02 and to authorize advertisement of bids with a bid opening date in early July, 1988. Hefti further recommended initiation of condemnation action for the necessary easements in the event staff's attempt to obtain the easements is delayed or denied by the property owners. Hefti did not anticipate any problems, but in order to have this project coordinated with the Hawkins Pond project and the Shannon Hills development project, he felt a deadline should be establish. Council agreed to defer any discussion on the assessment policy for this project to the June 7, 1988 regular Council meeting. See Clerk's File 1988-15. MOTION by Walsh to adopt Resolution 1988-43, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, SANITARY SEWER EXTENSION, LIFT STATION #4 TO SHANNON PARKWAY, CITY PROJECT #181. SECOND by Napper. Ayes: Hoke, Napper, Walsh. Nays: 0. David Strese, 4063 145th Street West, expressed opposition against the offer made by the city for easements needed to be acquired from his father and for the proposed initiation for condemnation proceedings. MOTION by Walsh to adopt Resolution 1988-44, A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR SANITARY SEWER EXTENSION, LIFT STATION #4 TO SHANNON PARKWAY, CITY PROJECT 0181. SECOND by Napper. Ayes: Napper., Walsh, Hoke. Nays: 0. City Engineer Rich Iiefti recommended that Council receive the petition to vacate a portion of the south part of Dodd Boulevard just west of the intersection with Delft Avenue and to set a public hearing to consider the vacation on June 21, 198€3, at 8:00 p.m. or as soon thereafter as possible. See Clerk's File 1983-15. MOTION by 'Walsh to receive the petition to vacate a portion of Dodd Boulevard and to order a public hearing to consider the vacation for June 21, 1988, at 8:00 p.m., or as soon thereafter as possible, in the Council Chambers. SECOND by Napper. Ayes Walsh, Hoke, Napper. Nays: 0. In order to insure the Hawkins Pond project will be complete this year, City Engineer Hefti requested that Council initiate eminent domain proceedings for the necessary easements. Hefti noted that one property owner has indicate he will execute a waiver of entry. See Clerk's File 1988-15. MOTION by Napper to adopt Resolution 1988-45, A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR HAWKINS POND EASEMENTS, CITY PROJECT #176. SECOND by Walsh. Ayes: Hoke, Napper, Walsh. Nays: 0. MOTION by Walsh to set a Special City Council Meeting to meet with the City Housing and Redevelopment Authority to discuss port authority for the City of Rosemount on Tuesday, June 7, 1988, at 7:00 p.m. in the Council Chambers. SECOND by Hoke. Ayes: Hoke, flapper_, Walsh. Nays: 0. Mayor Hoke spoke about the recent newspaper article relating to Senator Waldorf asking the University of Minnesota Board of Regents to delay action on two proposals that could divide the 8,000 acres owned by the 5 ROSEMOU CITY PROCEEDINGS . REGULARWETING MAY 171 1988 University of Minnesota in Rosemount. The article stated the senator felt the division of property would help eliminate the university property as a potential site for a new airport. By the Board of Regents delaying action on the Dakota County's 160th Street corridor item and Dakota County Area Vocational Technical Institute's request to purchase 150 acres to a June meeting, Mayor Hoke felt there was a real violation of the process that the legislature had established as proposed by the Metropolitan Council to do an airport adequacy study. The Mayor also added the rural water system will also be discussed at their June meeting. Mayor Hoke further stated he understood that Interim -President Sauer had responded by letter to Senator Waldorf asking him to deal directly with Rosemount officials regarding the airport site. Because of Sauer's letter, Mayor Hoke felt Sauer could be receptive to the City of Rosemount being directly involved in land use decisions by the University of Minnesota. Mayor Hoke proposed that a meeting be set up with a subcommitttee of Rosemount officials to meet with Interim -President Sauer to discuss .the uniqueness of the relationship between the City of Rosemount and the University of Minnesota regarding land use decisions, thank him for his letter to Senator Waldorf and ask for his advise and support. Hoke stated he felt this subcommittee would have a greater impact than dealing through the Rosemount Advisory Council. Mayor Hoke further proposed that a letter be sent to the Board of Regents expressing the same point of view and that this subcommittee begin immediately to prepare strategy for the June Board of Regents meeting. Other suggestions offered were to consider a lobbyist and to start discussing and formulating objectives, analyze the university site as a potential airport and possibly meet with the executive director of the Metropolitan Council. In-depth discussion followed by Council and staff regarding Mayor Hoke's proposals and the feeling that because of the large bureaucracy of the university, Interim -President Sauer and other executive officers of the university are not being informed of requests by the City of Rosemount or the Rosemount Advisory Council, of the activities taking place on the Rosemount university property or action and requests by local governments and committees are being misrepresented to the upper management force. Council was in unanimous agreement that a meeting be set up with Interim -President Sauer before the next Board of Regents meeting and that staff begin preparation for meetings with Sauer and the Board of Regents. Councilmember Walsh announced that Peoples Natural Gas Company has purchased the Dakota Learning Center. This office will house the administrative and service forces. Administrator Stephan Jilk advised at the last Rosemount Advisory Council meeting, he with the support of County Commissioner Chairman Steven Loeding gave a presentation on the topic of payment in lieu of taxes for property located at the university research site and agriculture station as well as other university property in Dakota County. The advisory council adopted a resolution to be sent to administration at the university to request the university to contact T ' ROSEMOUNZakCITY PROCEEDINGS REGULAR WETING MAY 17, 1988 the Dakota County Assessor to do valuations on all properties the university leases rather than the university establishing its own values on the leased properties. Jilk stated the advisory council felt the real issue is not whether the values increase or decrease but more equitable treatment by the university. The administrator noted that the university is now making payments on all leased properties rather than just on residential properties which had been their past practice. Administrator Stephan Jilk reported on the tour of the Minneapolis Bomb Squad site on university property on May 5, 1988 attended by himself, Ron Wasmund, Councilmember Napper, Commissioner Chairman Loeding, county health department officials and some university officials. Officer Dave Estenson explained the operation of the bomb squad, various types of explosives, plans for the future and how the operation is'funded. Councilmember Napper commended Officer Estenson and the operation and stated he felt the problems experienced at this site the last several months are the result of their association with the university. Administrator Stephan Jilk provided an update on the proposed rural water system for the approximately 27 residences in east Rosemount with contaminated water. Jilk stated in February, 1988, the university _ directed that test wells be drilled at the old city hall site, and by the end of that month, an order was given to stop the drilling. Jilk advised it was not until March 26, 1988 that city officials were apprised of the stop order, and the reason given was that the university's legal department was not satisfied with the process being involved in obtaining the required easements and permits. After several phone calls to university officials and meetings of the affected residents, the city officials and residents were informed that the Minnesota Department of Health and the Minnesota Pollution Control Agency were going to raise the acceptable level of chloroform in private drinking water wells from 5 PPB to 57 PPB which would cause the wells to be considered free from contamination according to MPCA officials. The administrator advised the issue before the university is whether or not the university will continue the rural water system when there are no legal requirements to go forward with the project. Jilk further added there have been meetings involving the MPCA, County Health Department, university officials, city officials and the residents regarding this new information with the university advising that the proposed rural water system will be discussed by the Board of Regents at their June 9 and 10, 1988 meeting. Councilmember Napper advised the affected residents have reached the unanimous agreement that the only solution to the problem is a rural water system. Napper faulted the project leader from the MPCA for leaking the information regarding the new chloroform levels to university officials approximately two months before the information was officially released. Napper stated he felt the university official in charge of the rural water system had deliberately held back the real reason for stopping the rural water project. Councilmember Napper recommended that Council adopt a resolution removing the MPCA project leader from the project and that a new leader be assigned in order to regain the integrity of the MPCA and the Rosemount community. 7 ROSEMOUIOCITY PROCEEDINGS REGULAR MEETING MAY 17, 1988 MOTION by Walsh to adopt Resolution 1988-46, A RESOLUTION REQUESTING CHANGE IN MINNESOTA POLLUTION CONTROL AGENCY PROJECT MANAGER FOR UNIVERSITY OF MINNESOTA WATER CONTAMINATION PROJECT. SECOND by Napper. Ayes: Walsh, Hoke, Napper. Nays: 0. In-depth discussion followed regarding the residents' decision to go before the Board of Regents, the taking of pictures of the abandoned well site at old city hall and the consensus of the Council to schedule a meeting with Interim -President Sauer prior to the June Board of Regents meeting. Administrator Jilk recommended that Council attend the League of Cities Conference in June. Jilk outlined some of the activities and lectures. The administrator informed Council of recent discussions he and Chief Staats have had'with Mitch and Leanne Schneider regarding the renewal of the animal control contract which expired December 31, 1987. The Schneiders' new proposal contains a considerable increase in fees while maintaining similar services. Jilk stated Chief Staats and he have investigated several other alternatives for animal control and at this time find it feasible to hire a person from a local clinic on a part time basis which would allow for more patrol time and better control by the police department as well as being more economically feasible. Jilk advised a recommendation will be made at the June 7, 1988 Council meeting. MOTION by Walsh to adjourn. SECOND by Hoke. Ayes: 3. Nays: 0. Respectfully submitted, Susan M. Johnson Deputy Clerk ATTEST: Stephan Jilk Administrator/Clerk Published this day of , 1988 in Dakota County Tribune. 8