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HomeMy WebLinkAbout4.a. Minutes of September 1, 1987 Regular MeetingROSEMOUNT CIT PROCEEDINGS T _ . REGULAR MEET SEPTEMBER 1, 1 87 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Rosemount was duly held on Tuesday, September 1, 1987, at 7:30 p.m. in the Council Chambers of the City Hall. The meeting was called to order by Mayor Knutson with all members present. The agenda was amended to include.Item 14(d) Wilroy ford Property. MOTION by Knutson to approve the Consent Calendar as presented. Second by Walsh. Ayes: Walsh, Napper, Knutson, Tucker, Willard. Nays: 0. See Clerk's File 1987-20. City Attorney David Grannis presented his opinion regarding the Hawkins Pond drainage improvement public hearing held on August 11, 1987 at City Hall. Attorney Grannis stated the City should hold another hearing and give notice as required by State Statute to allow people who were not notified an opportunity to speak and to express their opinion on this project. Administrator Stephan Jilk advised city staff recommended a new feasibility report be ordered to include the complete Hawkins Pond drainage area and a complete engineering study of the entire drainage area be completed as a basis for Hawkins Pond development, assessment for that project and future storm sewer development in the area. Jilk stated these reports should be ready for Council review at their September 15, 1987 meeting. See Clerk's File 1987-20. Councilm em ber Tucker stated he attended a neighborhood meeting regarding this improvement project and after meeting with residents and further study of the project, he felt the plans and specifications ordered at the August 11, 1987 public hearing should be cancelled. MOTION by Tucker to table all action taken by Council at the August ll, 1987 public hearing. Second by Walsh.. Ayes Napper, Knutson, Tucker, Willard, Walsh. Nays: 0. MOTION by Napper to order a new feasibility report for the Hawkins Pond drainage area and a complete engineering study of the entire drainage area. Second by Willard. Ayes: Knutson, Tucker, Willard, Walsh, Napper. Nays: 0. Community Development Director Dean Johnson presented the Wensmann Additions Planned Unit Development and Subdivision Agreement and the Development Contract for Wensmann Addition for review and approval. Johnson described the Wensmann Additions Planned Unit Development as well as the final plat for Wensmann Addition and recommended approval. Johnson advised the developer has executed the agreement and contract and recommended approval of these documents as well as the rezoning of the property described as Wensmann Addition from Agriculture District to R-1 Single Family. See Clerk's File 1987-20. NOTION by Knutson to approve the Planned Unit Development and Subdivision Agreement for Wensmann Additions and to affix the necessary signatures. Second by Napper. Ayes: Tucker, Willard, Walsh, Napper, Knutson. Nays: 0. MOTION by Willard to approve the Development Contract for Wensmann Addition and to affix the necessary signatures. Second by Walsh. Ayes: Willard, Walsh, Napper, Knutson, Tucker. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEET SEPTEMBER 1,87 MOTION by Walsh to adopt Resolution 1987-58, A RESOLUTION GIVING APPROVAL TO THE WENSMANN ADDITIONS PUD FINAL DEVELOPMENT PLAN. Second by Tucker. Ayes: Walsh, Napper, Knutson, Tucker, Willard. Nays: 0. MOTION by Knutson to adopt Resolution 1987-59, A RESOLUTION APPROVING THE WENSMANN ADDITION FINAL PLAT. Second by Tucker. Ayes: Napper, Knutson, Tucker, Willard, Walsh. Nays: 0. MOTION by Walsh to adopt Ordinance No. XVII.82, AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 - ZONING ORDINANCE. Second by Willard. Ayes: Napper, Knutson, Tucker, Willard, Walsh. Nays: 0. Community Development Director Dean Johnson provided an update of his attendance at a County Board meeting regarding the board's action of adopting three options for the site selection of a solid waste management facility in Dakota County. Mayor Knutson suspended the regular agenda at 8:00 p.m. to allow the council to conduct a public hearing scheduled for that time. Mayor Knutson opened the public hearing explaining the purpose of the public hearing is to consider the proposed assessment for the utility and street improvements within O Leary's Hills Second Addition. The Administrator/Clerk had in his presence of Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1987-20. City Engineer Rich Hefti presented an overview of the project, the total amount of the proposed assessment and the residential equivalent amount used in determining the proposed assessment unit for each lot. There were no questions or comments from the audience or Council. MOTION by Willard to close the public hearing. Second by Walsh. Ayes: 5. Nays: 0. MOTION by Knutson to adopt Resolution 1987-60, A RESOLUTION ADOPTING ASSESSMENT ROLL O'LEARY'S HILLS 2ND ADDITION UTILITY AND STREET IMPROVEMENTS, (PROJECT NO. 155). Second by Tucker. Ayes: Knutson, Tucker, Willard, Walsh, Napper. Nays: 0. Mayor Knutson opened the public hearing scheduled at this time to consider the proposed assessment for street and utility improvements within the West Ridge Addition. The Administrator/Clerk had in his presence the Affidavit of Publication and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1987- 20. City Engineer Rich Hefti explained the project. Subsequent to the mailing and publication of the hearing notice, it was determined there were lateral costs involved in extending the trunk waterline from Valley Oaks Addition, which would reduce the unit assessment rate from $9,058.07 to $8,417.38 and the total proposed assessment from $507,251.76 to $471,373.39. There were no objections or comments from the audience or Councilmembers. ROSEMOUNT CI PROCEEDINGS i REGULAR MEE1: SEPTEMBER 1, 1987 MOTION by Knutson to close the public hearing. Second by Willard. Ayes: 5. Nays: 0. MOTION by Walsh to adopt Resolution 1987-61, A R€SOLUTION ADOPTING ASSESSMENT ROLL, WEST RIDGE ADDITION UTILITY AND STREET IMPROVEMENTS (PROJECT NO. 153). Second by Tucker. Ayes: Tucker, Willard, Walsh, Napper, Knutson. Nays: 0. Mayor Knutson opened the public hearing scheduled at this time to consider the proposed assessment roll for Valley Oak Addition Replat, Phase 11, utility and street improvements. The Administrator/Clerk had in his presence the Affidavit of Published Notice and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1987-20. The city engineer explained the project, the costs of the project, the proposed assessment for the project and the assessment unit amount for each lot within Valley Oak Addition Replat, Phase I1. There were`no objections or comments from the audience or Council. MOTION by Willard to close the public hearing. Second by Walsh. Ayes: 5. Nays: 0. MOTION by Napper to adopt Resolution 1987-62, A RESOLUTION ADOPTING ASSESSMENT ROLL, VALLEY OAK ADDITION REPLAT, PHASE II UTILITY AND STREET IMPROVEMENTS (PROJECT NO. 154). Second by Knutson. Ayes: Willard, Walsh, Napper, Knutson, Tucker. Nays: 0._ Mayor Knutson opened the public hearing on the proposed assessment for the street improvements within Jay Simons First Addition. The Administrator/Clerk had in his presence the Affidavit of Publication and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1987- 20. Community Development Director Dean Johnson described the total assessment area, the total assessment units and the actual cost of the project in the amount of $122,448.32. Johnson explained the total assessment area included every parcel within the original district known as Jay Simons Addition whether buildable now or in the future. Johnson informed Council and the audience that he has met with some residents who are protesting their assessment because of unbuildable lots, and there are some parcels which may be candidates for drainage easements, street extensions or be subject to a combination with a contiguous parcel. Johnson requested those residents who have a particular objection to register their complaints. Administrator Stephan Jilk read the names of those residents who registered objections in writing. Several residents in the audience voiced their objections to their assessmentnotice. The administrator reiterated the appeals process available for those residents voicing oppositions. See Clerk's File 1987-20. MOTION by Willard to close the public hearing. Second by Knutson. Ayes: 5. Nays: 0. ROSEMOUNT CITY PROCEEDINGS REGULAR MEET SEPTEMBER 1, 87 Mayor Knutson opened the public hearing to consider the proposed assessment roll for 130th Street improvements. The Administrator/Clerk had in his presence the Affidavit of Published Notice and the Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1987-20. Community Development Director Dean Johnson outlined the assessment area, the original estimated cost of the project, the number of assessment units and the actual cost of the project in the amount of $162,559,50. Johnson asked that residents who felt their property may be candidates for drainage easements, street extensions or be subject to a combination with a contiguous parcel to register their objections. Johnson noted the Public Notice contained a typographical error in the legal notice in that the length of the assessment area was listed from TH 3 to 130th Way rather than TH 3 to Bacardi Avenue. Johnson recommended that Council recess the public hearing until the corrected public notice is readvertised and redistributed to the affected residents. Johnson further recommended that Council consider establishing a position that no parcel will receive full assessment on more than one area -wide or collector street improvement. Several residents voiced their objections to their assessment notice and the Administrator read the names of those residents who informed the city staff in writing of their objection. See Clerk's File 1987-20. MOTION by Knutson to recess the public hearing to September 29, 1987, at 8:00 p.m. Second by Tucker. Ayes: Walsh, Napper, Knutson, Tucker, Willard Nays: 0. Mayor Knutson opened the public hearing to receive input on a public right- of-way vacation of Doyle Path scheduled for this time. The Administrator/Clerk had in his presence the Affidavit of Publication and Affidavit of Mailed and Posted Hearing Notice. See Clerk's File 1987-20. City Engineer Rich Hefti described the portion of Doyle Path the petitioner is requesting to have vacated and recommended the vacation request be approved subject to the completion of the paving of the unpaved portion of Doyle Path and receipt of the fully executed easement for the right-of-way necessary resulting from the construction of a new cul-de-sac. The city engineer noted the absence of access to Lot 5 and requested the petitioner to consider a lot combination of Lot 4 and Lot 5 or to provide access to Lot 5. MOTION by Knutson to close the public hearing. Second by Walsh. Ayes: 5. Nays: 0. MOTION by Napper to table any action on the Doyle Path partial street vacation subject to receipt of the right-of-way easement, completion of the unpaved portion of Doyle Path by the petitioner and recommendation from staff regarding Lot 5. Second by Knutson. Ayes: Knutson, Tucker, Willard, Walsh, Napper. Nays: 0. Mayor Knutson called for a recess at 9:25 p.m. The meeting reconvened at 9:35 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEET SEPTEMBER 1,4187 Administrator Stephan Jilk reported on the recent meeting held to review the cost of construction and operation for three alternative rural water systems for east Rosemount. Jilk reviewed,the three alternates and advised the city staff is recommending a fourth alternate which would be to locate, two new wells at the old city hall site, extend service across County Road 42 to serve Dakota County Area Vocational Technical Institute, and extend to the system to the east to serve those residents with contaminated wells. Service could also be extended to the City of Coates boundary for potential hookup. Jilk stated by including the school as a purchaser of water the water rate would be similar to city residents on the existing municipal water system. Council were in agreement with this option and requested city staff to research the most feasible source for a backup system. See Clerk's File 1987-20, MOTION by Napper to authorize city staff to pursue option four with the University of Minnesota. Second by Knutson. Ayes: Tucker, Willard, Walsh, Napper, Knutson. Nays: 0, Community Development Director Dean Johnson presented the updated revised parking ordinance and the suggestions received from Council since the last Council meeting held on August 18, 1987. In depth discussion ensued regarding these suggestions particularly the definition of a passenger vehicle and the storage of recreational vehicles on private property. See Clerk's File 1987-20, MOTION by Knutson to refer the revised ordinance and suggestions and comments from Council to the Police Department for evaluation. Second by Willard. Ayes: Willard, Walsh, Napper, Knutson, Tucker, Nays: 0, MOTION by Knutson to accept with regrets the resignation from Jack Herrley, building inspector. Second by Walsh. Ayes: Walsh, Napper, Knutson, Tucker, Willard. Nays: 0, See Clerk's File 1987-20. MOTION by Walsh to award Contract 1987-5, O'Leary's Hills 3rd Addition street and utilities to American Contacting Company in the amount of $148,675.47 and to authorize the necessary signatures. Second by Tucker. Ayes: Napper, Knutson, Tucker, Willard, Walsh, Nays: 0, Administrator Stephan Jilk advised Item 12(a) Section 30 Expanded Drainage Study was discussed and authorized as a part of Item 5(a), MOTION by Knutson to approve a commercial kennel license to Dayna Genovese for Bell -E -Acres Kennels. Second by Napper. Ayes: Knutson, Tucker, Willard, Walsh, Napper. Nays: 0, MOTION by Tucker to approve a residential kennel license for Gregg Bakker. Second by Walsh. Ayes: Tucker, Willard, Walsh, Napper, Knutson. Nays: 0. City Engineer Hefti advised he and staff have met with fire department officers regarding the ongoing water and moisture problem at the fire hall. Hefti recommended that Council authorize an architect to do a study of the problems and present a proposal for their review; but also authorize the hiring of a contractor to repair and caulk the worst joints and cracks in the exterior walls before winter. + ROSEMOUNT CTU PROCEEDINGS REGULAR NEE SEPTEMBER 1, 987 NOTION by Knutson to authorize the caulking of the fire hall building according to the city engineer's recommendations and to authorize an architect to prepare a proposal for solving the water problems at the fire hall. Second by Tucker. Ayes: Walsh, Napper, Knutson, Tucker, Willard. Nays: 0. NOTION by Knutson to approve Joe Gerrits and Wayne Paulsen as regular members of the fire department as approved by fire department members. Second by Napper. Ayes: Napper, Knutson, Tucker, Willard, Walsh. Nays: 0. Administrator Stephan Jilk presented the proposed 1988 Operating, CIP and Debt Service Budgets for preliminary review and discussion by Council. The administrator answered some questions on the budget and advised department heads will be present at the September 15, 1987 Council meeting to answer more specific questions from Council. Mayor Knutson reminded Council of the Minnesota Pollution Control Meeting regarding University of Minnesota Research site cleanup on September 16, 1987, at 7:00 p.m., at city hall. Administrator Jilk reminded Council of the tour of Koch Refinery on September 3, 1987, at 3:30 p.m. Administrator Jilk reminded Council of the assessment hearing scheduled for September 8, 1987, at 7:00 p.m. Administrator Stephan Jilk advised city staff has contacted Stan Nelson regarding the city buying back the Nelson property which is located west of the city hall parking lot and east of Dakota Central offices. Jilk requested Council's authorization to purchase this piece of property at a - purchase price of $10,000. NOTION by Walsh to authorize city staff and the city attorney to offer the sum of $10,000 for the property known as the Wilroy Ford property owned by Stan Nelson. Second by Knutson. Ayes: Knutson, Tucker, Walsh, Napper. Nays: Willard. NOTItN'1 by Willard to adjourn. Second by Knutson. Ayes: 5. Nays: 0. Respectfully submitted, ATTEST: Stephan Jilk Administrator/Clerk Published this day.of Susan M. Johnson Deputy Clerk , 1987, in Dakota County Tribune.