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Home My WebLink About6.a. Minutes of October 4, 1988 Regular Meeting and Executive Session �-�.�. b �. . � ROSEMO� CITY PROCEEDINGS ER�CUTIYE SESSION OCTOBLR 4, i488 Pursuant to due call and notice thereof an Executive 5ession of the C3.tp Counci.l c�f the Citp of Rosemvunt was cluly he1�i on Tuesday, Oci:ober /�, 19$8, at 11 :00 p.m. in the Council L4unge of the Citq Hall . Mayor Iioke called the meetin� to arder with C�uncil.members Wa1sh, Wippermann and Oxborough present. Councilmember Napper wa:s absent . Council d:Iscussed with City Attorney navid Grannis pending litigati.on with Dakota Central and Ruby Waldo. MOTION by Walsh to ad�ourn. SECOND by Hok�. Aqes: 4. Nagss 0. Respectfully submitted , Susan M. John�znn, De�utp C1,erk ATTEST: Stephan Jilk� Adarinistrator/Clerk Published this dap of , 1988 in Dakota County Tribune. � � ROSEMO CITY PROCEEDINGS �j GC. I y . REGULA��ETING « � OCTOBER 4 1988 . Pursuant to due call and notice thereof a regular meeting of tfie Citp a� Council of the City o£ Rosemo�int was duly held on Tuesdaq, 4ctober �, y�' 1988, at 7;30 p.m. in the Council Chambers of the City Hall. � - ,�� Mayor Hoke call.ed the meeting to order with Counci].membera Wa1sh, `� W3.pperrnann a�nd Oxborough present. Councilmember N��ager �as ab;sent . ,r ; Mayor Hoke led the group in the Pledge of Allegiance. The agenda was amended to add Item 14(a) Empire Townshig/Rosecnount " Joint Meeting ; Item 11(b) Romb Squad Permitting Update and 11(c) CounCp "` Composting Facilitp. Mayor Hoke called f.or an Executive 5ess3.on ta immeciiately foll.ow tlie regular agenda to discuss pending liti�ation. Representat:ives of Oxbow �orporation and Biospn Chemical C,or�or,ltion pr�vided a general exp�,anation of their proposal far the develcs�rment of. an electrieity generating power plant to l�e locatecl in the e�srern �art of Rc�gemount oii a site abutting I�ighway 55. i3rian Ghatlash, M�n��ger of Planning and Dev�lopment .f4r Oxbow Corporatian adviseci the pro��cL- wi11 use a natural gas-fired combustion turbine to pracluce electr. ir.itp f.or sale to Northern States Power Company and for steam f�r use in a carbon dioxide recovery an�i processing plant which w3..11 be constriictPd adjacent to the electric generation facilities. Oxbow re�resentatives further advised approximately 55 MegaWatts of electric power wi.tl be sold to NSP to serve approximatelp 50,000 homes. See Clerk' s Fi1e 19$8-28. Community Development Director Dean Johnson inform�cl Council the county has approved a �unding program, ta a11ow the city to participate in a city-wide recycling program r�ther than a pilot recycl�.ng program which had previouslp been review�d and approved by Council for city participation. Johnson advised the county landfilJ_ abat�ement program would a11aw the entire urban area of the city ta be involved �.n ttae recpcling program and possibly the northwes� area and/or a11 the rural areas of the citp. Johnson reviewed the funding applicati.on form �nd advised a £inal form wi11 b� presented to Council for approval at the next regular meeting. See C1erk� s File 1988-28. The communitp development director regorted on the success of the household hazardaus waste program held in Rr�semot�nt on October l , 1988 at the public works facilities. Mayor Hoke t}ianked Dean Jofinson and staff for their we11 run program and requested that letters of appreciation be sent to Koch Refinerp, Pine Bend Sanitation Landfill, Knutson Rubbish, Dakota County official.s and staff and local res�aurants which fnrnished food r�nd drinks £or the vo].unteers. Mayor Hoke suspended the regular agenda at <4:00 p.m, to all.ow the Council to canduct a public hearing scheduled £or that time. ; : Mayor i�oke opened the puhlic hearing to consider the pro�c�sed assessmettts for Coun�y Road 42 East Improvements, City Pro�ject No. 164. �:. ; � ROSEM�� CITY PROCEEUINGS ,. � . RRGULA EETING ' `` OCTOBER 4, 1988 The administrator/clerk had in his prPsence the Af.Ei.davit o.f Mai.lecl �nct {'' Posted �teari�ig Notice and the Affidavit of Publication, See G1erk' s ;�� File 1988-28. ., Citp Engineer Ri.ch �iefti displaped an ov�rview af_ the �ro�jer_t de�cribing the realignment of Cauntp Road 42 and 3£3 and the prop�sed assessmertt area. He£ti stated that becau�e County Roa�l 38 ia situated one-half rnile narth of CSAH 42, that the assessment district be extended one-quarter mile on either side of CSAH 42 which would a11ow , assessments to be based upon benefit to the particular road being „�. imgroved and would prevent double assessments from occttr.r3.ng. Hefti a � 5�,� further stated that citp sta�f 3s proposing that Council consider a deferment opfiian for parcels located south of CSA�i 42 in the "haek 40" since there is no apparent henefit to these parcels unless a new public road was constructed far acces,s purposes. Community Development Director Dean Johnson advised the city's comprehensive guide plan discvurages new pttblic roads for residential purposes in cammercia]_ and agricultural areas. Johnson advise� that if the four te'n-acre parcels were de£erred for ten pears, the number of pears prvposed £or paying the assessments, approximatel� $27,500 would not be assessed at this time. Marlin Rechtzigel, 14727 Claqton Avenue Fast, ob�jected to the assessment against his property located on the so�itheasi: corner of CSAH42 and TH55. Rechtzigel stated he has received a verbal commitment � from the Minnesota Department of Transportation for access onto THSS, #' and therefore felt access benefits did not exist for this particular '� parcel. City staff invited Mr. Rechtzigel. to meet with them cot�cerning �; his ob�ection. ;.;j �:? Residents in the audience expressed concerns regarding the safetq o£ � the hiking and biking trails on County Raad 42 and County Road 38 ' ` adv3sing motorists use these trails ae passing lanes. City Engineez +. Hefti advised he will contact the County to determi.ne wfiether signs can ' be placed to inform motorists ths lanea are far hiking �nd biking � �rails. ; � � � `,�� The administratar/clerk advised Council af the written ab�ections = received from Melvin G. Astlefard and Rieh T. Burger regarding the � proposed assessments €�gainst their propexties. See Clerk' s Fi�.e 1988- �,; � � ��• . . . � . � � . . } t;� MOTION by Wippermann to close the public hearing. SECOND by Axborough. Ayes: Wa1sh, Wipper�ann, Hoke, Oxborough. Naps: Q. MOTION by Wa1sh to adopt A RESOLUTION ADOPTING ASSE5SMENT ROLL COUNTY ROAD 42 EAST IMPROVEMENTS, PROJECT N0. 164. SECOND bp Wippermann. Discussion was held regarding the proposed deferre�l .3sspssment policp for the "back 40" parcels with Counc�l agree�.ng the city should defer t�lose specific par.cels. �ity Attornep Grannis discussPd with CocinGi.i the recommended format of the deferment agreement, 2 - �, • � ROSEMO CITY PROCEEDINGS '' �' REGULA�EETING OCTOBER 4, 1988 C,ounc�.lmember Walsh withdrew his original motion, and Council.me�nber Wippermann withc�rew his second to the motion. MOTION by Walsh to table action to the October l$, 19$$ regu].ar council � meeting to a11ow the resolution to be redrafted to include reference to the deferment option and to a11ow the city attorn�p to draft a deferment agreement for CounciX review and approval. SECQND hy > >V Wippermann. Ayesc Wippermann, Hoke, Oxborough, Walsh. Nays: 0. City Engineer Rich Hefti recommended that the publlc hearing to consider the Shannon Parkway excess right-of-wap vacation be reset to Oetober 18, 1988, at 8:OD p.m. , or as soon thereafter as possible, since the puhlic notice was nv� sent out in time to meet legal requirements. See Clerk' s Fi1e 1988--2$. MOTION hp Wippermann to approve the Consent Agencla wi.th th�e amended page 8 of the September 20, 1988 minutes. SECOND by Wa1sh. Ayes: Iioke, Oxborough, Wa1sh, Wippermann. Nays: 0. See Clerk' s Fi.le 1988- 28. William Morris and Diane Traxler from Decis�.on R�saurces, Ltcl . reviewed with Council their propogal. to conduct a citizens atGitude survey. Mr. Morris reviewed the goals of the aurvey, the d�sign and scheciul� which would consiat of surveying 4Q0 randomly selected hausehalds, anci the pro�ects costs. See C1erk' s File 1988-28. MOTION by Wipgermann to approve the necision Resources, Ltid. survey r�search propoeal as presented. SECOND by Qxbarough. Ayes: Oxborough, Walsh, Wippermann, Hoke. Naqs: 4. Independent Schonl District 196 School Board Member Mar�,aret Gohman p�esented infarr�ati.on regarding the upcoming schoal hur�d re£erendum. See Clerk' s Fi1e 198�-28. Wayne Dahmes, 12556 Danbur Wa resented a � � p, p pet�.tion to Counci7, si.gned : by approxima�ely eighty residents, requesting that the school di.strict � re-examine the selection o£ the Mullerp property in northwest �oseinount � ' as a site for a proposed school lveation and that the �ity Counc�.l � request that the 196 Sehool Board re-evaluate this site selection. Other resid�nts from this �rea presented cvncer. ns regardin� environmentaX 3ssues and excavation costs. See Clerk' s Fi1e 1988-28. Sc11oo1 Board Member Gohman advi�ed council and thP r. esidents that the concerns af the residents have been we11 taken by the schvo�. baard and that the school district is in the process of laoking at ather sites. MOTION l�y Wippermann to direct the city administrator to f.orma:ll.y commttni.cate �.n wr. itl.ng to the Schoc�l B�nrd of tndepe�ic�e�►L- Schoc�l ll�tstrict 1�6 informing them that a signi.f.ic�int ni�inber o� re:�idents hr�vP exPressed coneern over the use o£ the Mu2:lerq pr��F3rty as a sclia�l. sit� , nnd that the con�erns expres�eci rai.�c�l ±�om� vnti.�i {in�i l.c��;tc:�l. �uc�sCi.ons ahoufi tlie opproPriaten�4s oE tlie site �nd rh�r. r_t�� (:i.ty 3 � � ROSEMO� CITY PROCEFDING5 REGULAR�[EETING OCmOBER 4, 1988 Council requests that the School Board re-examine the appropriateness of tlie Mullerp site and consider additianal sites and that the Ci.ty Counctl £urther encaurages that the school district sta�f commu�iicate with citp staff to discuss possible addi.tianal sites. SECOND by Wa1sh. Ayes : Wa1sh, Wippermann, I�oke, Oxboraugh. Nays: Q. Councilmember Wippermann advised he has met with the cleveloper a£ I.imerick Way, Bi11 .TEIGObf30A� and his p€�rtner whca have agr�ect to aeveral modificat3.ons in site plan regarding his concerns on the overall. image of the townhome pro,�ect. Wippermann adviseci the modt�ications tnvolved not extending the garages beyond the living units, elim_tnatin� parking spaces hetween the garages and Shannon Parkwa� and additinnal brick on ths exterxor of the units. MOTION by Wippermann to reconsider the rezoning c�f Limerick t�ay . SECOND by Ox�arough. Ayes: Wippermann, Hoke, Oxbarough, tdal�h. Nays: 0. MOTION by Oxborough to adopt ORDINANCE NQ. XVII.87, AN ORDINAAICE AMENDING ORDINANCE N0. 7CVII.3 - ZON�NG ORDINANCE. SECOND by Wippermann. Ayes: Hoke, Oxborough, Walsh, Wippermann. Nays: Q. Mayor Iioke acknowledged receipt of a letter Erom ISD l96 Cornm�tnity Eciucation Director JoAnne Ellison thanking the c�tty counci.:l £or filieir 3upgort �nd funding of the senior ci.tizen program. Counci�.member Wa1sh recommended that the second joint r�eeting betw�en Em�ire Township Board and the Gitp Council be sched��led for sometime in November, 1988. Council unanimougly agreed with this recommenda�ion. City Aclmi�iistrr�tor Stephan Ji.lk reported on hi.s at:t�n�i�nce oF L-tie MSP Ad�qu�cy Task Force on September 29, 1988 when the conse�ltar�tq' f3.nal. repUrt �n the adequacy study �nd the �ieci.r�ton strategp for er3mpi..li_n� n f.inal r. eport to L•he Metropol;i.tan Council were disctts9ed. The administrator summarized that the f.in�l repc�rt w:i.].l Pred-C�t that the �resent Minneapolisf St. Panl Ai.xport wil�. not he �►c�eq�r�te i.n 20 years; �hat the present airport shou7.d be expr�nded ancl eff.rjrts to 1€lnd b�nk for a new �irport should begin frnmediately. Ji1k �dvtsed the f.ina�. repo.rt will be pres�nted to the Metropolitan Council sometime in December, 1988 and also presented to local o£ficin7.s during the pe.r.iocl b�tween mid-October and mid-December. See Clerk` s Fi1e 1988-28. City Administrator Ji1k discussed with Council the permitr_i�ng prac:ess involving the bomb squad £acility lncated on Unl.ver. sity of Minnesota �roperty in Rosemount. Ji1k advised Council tha� aft�r meeting wi�h Buildino �fficial Ron Wasmund,� Ch�t �he bomb squad oEficials hacl in fact never been given permit applications by city staff to complete the perm_itting process for development on the bomb squad site. The administraL-nr further advised that as o£ this date the Permits h�ve been com�leted bp Officer Dave Estenson of �he bomb qqua�l f�c�.lity and have been received bp the ctty . Jilk concluded that he felt the bomb sc�uad officials have d.emonstrated their com�nitment to cooperate with 4 , . � ROSEMO� CITY PROCSEDINGS REGULAR EETING OCTOBER 4! 1988 the city in keeping the citp informed of activities at the homb :�c�uad site. Becat�ee of this coaperation and the fac� that Ieg�1�.y 3 permiC and a��acisted fees are not required, the admin.i.��rator xecr�mmended that the permit fees fvr the recent dev�l.opment at the bomb s�uac� site be based on out-of-pocket expen•�es onlp for completion of the wc�rk at the site. Council unan3mausly agreed with this recommei�dat3.an. Council di.4cussed the invitation rec�ived from the Minneap�lis and St . Paul Police Bomb Squad ta attend a dedicativn ceremony �f the development of an explosive stoxage Rnd training yard on October 25, I988. Council referred to the explosive de�nonstrat9.ons and bomb handling robots to be demonstrated on that dap, Council re,st�ted th� total lack crf control over such activities and vther aci:ivities that take place on the Univereitp of Minn��ota property. Fallowing further discussion, Council dir��ted the city adrninistrator to send Ietters to �he appra�ri.ate of£icials that the city do�s not condone or pc•o�note Ehe activities of the bomb sc�uad facility . See Clerk' s File 198E3-2�3. Community Develnpment Director Deart J�hngon advised t;llat tt►e p�kot� County Board of Cc�mmissioners approved a tempnrary compo�sting faci.li.ty on Rich Va11ey Boulevard contingent upon the citp issuing the perm�_ts for such a facility. Council unanimously 3greed that actt.�n far such a faciliLy would no� be appropriate aince they ,�ust 7.carf��c1 of_ th-[.s informsition. Mayor Hoke reminded Council of the Busin�ss Forum to be held in the Council Chambers on October 11 , 1988 and the Town Meet.i_n� to be held on the sante date at the Rosemount I3igh Schaol Student Center. . MOTION hy Hoke to recess to Fxecutive Session to discuss pending litigata.on with the city. SSCOND by WaYsh. Ayes: t+. Nays: d. The regular meeting of tlte City Council reconvened at 11 : 30 p.!n. , MOTION by Walsh to suthori7e a settle�nent payment of $l0,Op0 to Dakata Central. SECOND by Wipperrnann. Ayes: Walsh, Wipperr�ann, Hoke. Nays: Oxborough. • MOTION by Wippermann to offer the reduc�ion of up to twa assessment units assessed to Ruby Wal�io as a set�lement regarding County Road 42 construetion project. SEC4ATD bp Oxborough. Apes: Wa1sh, Wippermann, Hake, Oxborough. Nays: 0. � 5 , • � ROSEMO� CITY PROCEEDINGS REGULA EETING OCTOBER 4, 1988 MO'PION by Wal.sh to ad�ourn. SECOND by Wi.pp�rm�nn. Ay��v: 4 . Nays: 0. Respectfutlp sui�miteed , Susan P4. �Tohnson, De��u�y C1erk ATTEST: Stephan Ji.lk, Administratar/Clerk Published this day o£ , 1988 in Dakota Goun� Tribune. � __. � b