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
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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.
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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.
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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
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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
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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
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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.
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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.
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