03/16/1976 - City Council Regular MIIdU'~'L~S OF A 1'tiG'.J1.l~R A'~FiIT~~G OF T1IE EA.GAP1 CIT? CGTJA<LIL
Mach 16, ' :~75
A regular me~ts.r.Q of the Eagan Cl tS- Cce;,!nci.l was held cn P4arch 16, 1975 at
6:3J p,M. at the C?_i:y g3s11. All me^beYa ~rere praseut. .P_1sa pres. t iaere F.ase~-!Q,
".~.l.k~ az~-i Iiauge.
$533,GCO GEI^1E2nT, OuI,TG,~?'it~tV IN'°. ECi~1D Or 1976. Z'hc P~,.~.yor a~? au_.ced the c?oc1.~~g
of ~_hA admi~sio*~ of bid3 fnr tha ~v33,0a0 Genci~zl Gbl~.gation Im;~. Band f~:- 3.9'?6.
5:~~~=~, !jZ~an Rf 3;~~-an aa~d Picsody r~AS preserxt. Tlae ClerY cp~red ttt~ ~*:i;'U ar.,t r~:~-LA*.Je~l
t~x2~? {o:-sL' ;::i.c~g as sub1+'iitted. Mr. C!lgon tabu'.ared the bids ar~d reeomnenciec~ ~aYpx^~•al
of itis 1~:Tti bid of ?st Pdatic~r.~..l B^ii?r of St. Paul V~~.t:~ tz:e total in~te:.est cost cf
$)J3,3L!1 anti a net interest rate of 5.b3`o. Upon t~~tion by krscY!.~.er, seaon ed P~:~~~:,,
all ~c;~vnrs t~o4~.rg i:~ favor, it was RESOLVED t?ist the lo-w bid of lst N.c~.ional Bsul:
of Ct. Paul be approved and 2warded and tl~at the good faith checks for t'.!e crhe::
b~_•a3ers be returned to each.
~_~??TL'TES. Upon motion by Polzin, seconded Smith, all mcabers voting ya3, ir.
races RESOLVED that the minutes of the March 6, 1976 spe~isl meeting be aPprcved wit~z
tte understanding on Page 8 that Dakota County will pay for no part of the cost of
installation of trails along connty reads which are requested by the city3 and
also the minutes of the Pfarch 2, 176 meeting be approved2 with an evicep_ioa on
Page 3 that the date of the proposed Rahn P.oad walkway would be included in the
feaaib:ility study for the upgrading of the road.
FT_RF nE?A&tT?FIdT. Lti'ill iam Sc;!:!?.tz and Jerry AdaMS appearzd.
1. Iz!=,,tasl.a*io:a of Doors. Chief Schultz indicated that nev doors have been
i)16C31a.!'_d oil Fire Staticn iil.
2. Uai"orM Fi?:e Gode. The C:.ty Atty. was instructed to w:,rk with the I~'ii-e
C'nief prepari~-!g a draft of a Uniform Fire Code Grdinance.
3. Cnm~tmicntior!s E~rment. The Fire Department requested new equipment to
b<~ pn2cl:aaed by the City consisting of three new portable radios at an esti~aated
G'.p~~ of $~,Q~~s f.:!~r? uL'13,3-1 F^,a732_~.f.?"3 o.~'~ t~st~zz?a?:n3 cri,^, t_ r.~ y1.~~7Jr, i:0i'.'~' ::x'!~.~'.S
~FtdCi u': $t"iJo a*zd t•.~'J Char'i~~l r~: ~i.;.'ij ~•.Ztt~ iii.3 C~.CCi_i.CT1~C ~?.~,.3'G'l .`-1.t'. ~i.~.~ i~'i" a'~~.
tc~-~~. zf $:i,CS:). A revie:~ cf a~~iia:~le ~~ucci: i:z-rys ari_i.l F~a Sl3:'C'..
4. ~.:re Cri_e ict,ult:z Grd P•:r. !1c?,~.a 4I.c:z~fi3 crii:ri t:~~ Cc~~.~:~.1 %ii;: fr;x:
ar~;l~Ctior:.? sp«ce for the hous~ir..,~, of the naw aerial Byre trnc.]::. aL' ~ L.i~.ic~:1 ;k i.. ~~e
CcL:=zciZ t~~ok the matter under adviser,:ent with the possibili*_y cf ?~a~~iz:;; a ~=~a:.'i.~3.
,~~,atJ.~-£~ z:;~ re~if..~ t1aA isaz:~.
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~~.~.~.?,3;.'i:ti` I~z~.Pt~""2-~id~C. B:i. Brarc,l 4~:geare
i~'_'. ~5:;'.:2~eh 8'c7.~J'.Tl~ty'd a r_ol*tpZete rCSUIDe9 Of ma:~11Y_[,n.=~?',C.e and ~_ep~~w^P._^.1+': t ":i•1'S:ice
Ilf~;?'~•=.:1 f~.~~• Ci~~y btzi.:~~.rgs a~z~I ir~di_r_ated that a large share of it r^~:1 b: cf.L,:;.:, L.y
i»::J C~~1r.iOja'.-.::;. ii:'e ~~'?.a1G~1 1'lu.i rer~zte:.,ted t0 $C~?:?C~121~ t:iZ$ TvJ:~"2t F:P.c~ t0 '~f-.~:L!"L`i? 6;-~i.Z; F3
r c.o~!^.a:Y~:Lien as tr: which sh.^,aZd b:' lit out for bids with a pr:i:~.,.te cont-bacto~ .
P~~~~ CC~i~uITTT E. Barbara S~hzntdt, Dale Everson an3 A1yre1 Lure':sta., ~ fir: ^xF.d.
1. Turf A.er.,^~.i.fr. P1r:~. Scl~icidt subznitie3 three writ~~en quotas a~.u zr-.tip:.z;~~~?ici~~'
t:lie low laid of R.L. Gould and Co., St. Psul, P~sinnesota with $1,190 bic?. ~,Tpcz~
motion by Pol~iii, 3eccnasd Rydry.~h, all mel~bers voting yes, it was RLS:;L~LD t.txa~ ti,~
7.n~;~ Lid he accepted and that the cuntract be awarded.
2. Bic;^le Trail. Mrs. S::hmidt indicated that the $1Q,OC10 DNR grsnt cTi11 ba
usa_d towards the cost of corst;ruc._ion of the Gtilderne:;s FLC•a walk*ffz;~.
3. Civic G?r_tei Flea:i~.n. T~i~e Park Coi<mittee recomrae.nded that the Civ3.c Cenf:er
el.ect~.nn be schaduZPa far I•:ay 4, l;'lE in spite of the fact tiimt the Da:;.cta Couzt:y
reo-~r;3n~.zat:t.on ele~ti.on ti~ill be held on April 10, 1976. It was noted that it ra;;
very u.,'_ff:i_c,z.%t: to be prcazred for the Argil 1Qth date and it cwo~zld be logical to use
tha sa:~e i.~~;sa~s 1s the cou~~ty election, 9 A.M. to 5 P.t4. After cens~?dc:r.~b'e di3-
c~sssic~.~, tzt,on azotion by Szrlth, seconded Rydrych, it was RESOLVED that the eiF:.'rion
for tine c;~-tc center bo*.d issue be sche~3uled for May 4, 1976 from 7 A.ii. to $ I'.;1.
at t:h^ n~tta:;.? ;ire^_~.nct locations. All menbe.rs voted yes, e~scPpt Polzin who votsc? no.
It ~.as u~t~ roZooci ti~st the cost of the spec~?al election w3z1 be paAd fo;- ~'•~•~xzz the
r~~ula: p?rk budbet.
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T..t_'~tn 7;~~i~•-na'~~ arc. r~ nn ~
'~.te. Afte• r u~a._n~:zt~.a*.,. ti.e Park t c~m*n ttea,
~'prn mo~cian ',~;r ~;~tit1, secord.ed GT~ihtit~,~', all altr?2IIbe.i'~ ~~~fi.i'~?.,f+, in Fc^9FQr, 7.i: ~•!~i`i
Fu,~ J7,~"i.'i~ s:tld= 3 pT.~bliC i:~i'a~3t3.an :tl^~t:~T`.G ~~~r~'d:_:~ fii~ C~_l .C CC_:1~::Y' bc:~i1 '~.;..;t~
F:e sc'~c~ciriZQd for April nth, zS'/6 at 7 e30 p.u. ut P?ortiivi~i~ S::'yoc~l r_,.*_.h the
poasib:L?..:Lty of additional iri'~a?:~.aticna.l meetings.
5. Gy:~~nasiLm Alternate. The Park Cammittee recommended a.ztF.r regt~~~,s: vi
m::~Qrcus residents that an zlterzk.te for an addition to the Civic Cc~:::a~- ro~,sssr~.~.~
cif a fi,~~~.~sium at an estimated coat of $300,000 be placed o*~ i:h~: U~ila€: ~r_~
*~f g ? `.•?:'u. Upor. motion bJ Smith, SE'.COnded I:ylrvch, a?.1 members t'Ct~s.:3`~, ~~.'3~i, `l:
u; c ~:~'.~C+7~~~uD w~~t t?~e altern~.gte for the g~*mnasium at the approx.-a~.~:e su:~ cf $3~090i;:?
be is c~_~d~_' c : L?~e ballet aL the Civic Center Election ~~:hich would gives ttae vc,~;:rs
a. chance t.o c,*.cz-iuine whether thep desire a gyrmasium~ it was f~:~-t.'aer noted tha~
a su'oaran*..ial savinUs coLld be made compared w~.th the construction o£ the g~~rna-~n~.um
sepa:-ately at a later time. All sembers voting yes, except b7achi:er wiio ~;~o:~s~i. r.~.
6. Cash Dedication far Park Puro~~es. F~yrel I,undsten made a reco:~,:en~`.-.ti_on
f~•om the Park Committee that cash dedication in lieu of land be bassd an an est'i.-
mated currant value of single family property at $4,500 per acre as ccn~ps.red to
the £orn~ex figu:.•e of $3,000 established in 1973. This would increase the cash
dedication fE~r sin„le family f;.om $120 to $1S0y R-2 throi;h Townhouse f~cm $i.GO
to $i50s A?art:ment -multiple from $75 to $1159 and mobile home from $100 to $~_~0
per unit. The Park Committee was requested to submit additional inrcrnation
conce~rr.j a~; t?~<:l'i rer_ommonda*_icn at a la'~er meeting.
GrP.P,'_'u. IA'1'~TEBEIiG PTSZC:FdATI02]. Upon motion by Wachter, seco~~.ded P~ai.n, :il
members voted yes, it was RESOLVrD to accept t?~e resignatior.. of Gerber ~Ilttebarg
i
from the P.3rk Committee snd the Clerk was instructed to forward a letter. to him
thanjc~.ng lam for his wonderful ,job and long gears of service. A request ion'
rEplacca~:a:-;t zs? 11 be circulated through the local n^wspapers.
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III'. PROJECT ~~173 - CHES MAI. ADDITION PUBLIC HEAP.IPIG. The Mayor convened
the public hearing concerning Imp. Project ~~173 consisting of sewer, water and
storm sewer improvements to Ches Mar Addition and the Engineer explained the project
including proposed estimated costs. After discussion, noting that there were no
objections, the lia~or closed the hearing. Upon motion by Smith, seconded E~lachter,
all members voting yea, it was RESOLVED to order the project in and the Engineer
be authorized to prepare plans and specifications.
CHES MAR FIRST ADDITION FINAL PLAT. Dave Gabbert appeared and submitted a
proposed final draft of Ches Mar 1st Addition. It was noted that a number of items
had not been co~tpleted including development contract, dedication of land, trails,
etc. Upon motion by Polzin, seconded Smith, all members voting in favor, it was
RESOLVED to approve the final plat subject to the completion of all of the necessary
requirement.. There was discussion concerning payment by Gabbert Development Co.
of consultants fees and it was requested that a breakdown by each of the cor.~ultants
be submitted to the City Clerk. Further, Air. Gabbert requested that the Council
commit itself to improvement of the North-South road from Cliff Road on the East
side of Ches liar. lir. Gabbert indicated that in the event that the City does not
improve the area abutting the well site property, the developer may have to improve
the entire road at its cost. lIo action was taken.
PUBLIC HEARIPIG IMP. PROJECT ~~168 - STORM SEWER IN SIBLEY T~'RMIl1AL ITIDUSTRIAL
PARY. AREA. Mayor Polzin convened the hearing and the City Eng. explained the
project. He indicated that serious erosion problems have existed near the railroad
right-of-way and reviewed the proposed trunks in the area. Frank Iiasselmann of
LaHass Corporation requested a diversion of water from the Blue Cross Land running
Northerly to avoid the ponding problem on the LaHass property. A large number of
property owners in the area were at the meeting and generally opposed the project
at the present time. Phase 1 of the project would consist of 5112,800, Phase 2
$217,000 and Phase 3 $78,800. The TZayor announced the hearing closed and indicated
that the project would be taken under advisement.
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PUBLIC HEARING IMP. PROJECT ~I74. The F4ayor then convened the public hearing
on Imp. Project ~1~174 - storm sewer in Cedar Industrial Park at about 9:00 p.m.
The City Engineer reviewed the project and the three phases included Phase 1 at
$205,300, Phase 2 at $393,000 and Phase 3 at $2aB,200. Mr. Rosene explained the
problem areas particularly the erosion problem along the MWCC property South of
the railroad right-of-way in the deep gully area. He further indicated that
contacts had been made with the Minnesota Highway Department regarding contribution
toward the project and indicated that it is studying the proposal and that no funds
will be available until after July 1st, 1976. He expected that the MIiD will share
the cost and recommended that no lines be installed in their area until a commitment
from the A~1D. A letter from Richard Stryker, DCR Company, objecting to the project
and assesst~ents was read. Several other property owners appeared and objected to
the project at the present time. There was a suggestion that an increased culvert
size under Highway X13 be installed and that an open drainage ditch adjacent to
MWCC property be constructed. At about 10:00 p.m. the Mayor closed the hearing and
the Council tools the matter under advisement.
PUBLIC HEARIY3G IMP. PROJECT 4175 - RIVERGATE VILLA STORM SEWER. The Mayor
next convened the public hearing relating to Improvement Project ~~175 - Rivergate
Villa storm sewer which commenced at about 10:00 p.m. It was noted that a serious
erosion problem developed in the Rivergate Villa area and the project consisted of
storm sewer lateral installation only. There were no objections to the project.
Upon motion by Polzin, seconded 6dachter, all members voting yea, it was RESOLVED
that the project be ordered in and the City Engineer be authorized to prepare
plans and specifications.
WARREN HUBBARD - LOT 3 McCARTHY RIDGE. The application of Warren Hubbard to
divide Lot 3 into two equal parts for single family building lots in McCarthy
Ridge Addition was next reviewed. Mr. Hubbard appeared. The APC recommended
denial. It was noted that each parcel would consist of about 20,000 sq. feet.
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There is a one acre restriction on each lot in TZcCarthy Ridge aad a letter from
Mr. Doheny, a neighboring owner, objected. Mr. Hubbard indicated that the previous
owner of Mr. Doney's lot also owned Lot 3, and therefore adverse possession would
not apply. In light of the fact that the lot is located on busy Highway ~~13 and
it is surrounded by streets on thxee sides, upon motion by Smith, seconded Wachter,
all members voting in favor, it was RESOLVED that the application be approved without
the approval constituting a precedent in comparable lot split situations. All
members voted yes, except Rydrych who voted no because of the precedent setting
factor.
DIVINE REDEEPIER AMBULANCE SERVICE. It was noted that South St. Paul and
West St. Paul had not determined whether to join the proposed aabulance service
program from Divine Redeemer Hospital and no action was taken by the Eagan City
Council.
WATER AREA ASSESSMENT - PHASE 2. The Council discussed in detail the method
of assessing water area purposes in the Pdorth and ~lestern portions of the City s:~3
it was determined that the original projects be followed to as great extent as
possible and to assess the amount above the previously assessed benefits to equate
as nearly as possible the actual cost of the projects. Upon motion by Rahn,
seconded Smith, it was RESOLVED that the heariag on Phase 2 for water area assess-
ments be scheduled £or May 11, 1976 at 7<00 p.m. All members voted yes, It was
recommended that the actual formal adoption of the assessment rolls be delayed,
however, until September 1st to avoid excessive interest being charged against the
property.
POLICE DEPARTMENT. Martin DesLauriers appeared.
1. A request for a G-way stop at Shale and Sandstone in the Cedar Grove
area near Rahn School was discussed. Upon motion by Polzin, seconded Rahn, all
members voting yes, it was RESOLVED to install a 4-way stop on a trial basis.
2. Speed limit on Beau d'Rue Drive. Upon recommendation of the Police Chief,
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upon motion by Rahn, seconded Wachtex, all members voting yes, it was RESOLVED
that a 30 m.p.h. speed limit be authorized and signs be authorized to be installed
on Beau d'Rue Drive from Silver Bell Road to Cedar Avenue.
3. A letter was read from John Klein recommending a City Council resolution
that the insurance carriers of the City not settle any claims against the City
regarding the Benford case without the consent of the Council. Because of the
inherent right under the policies of the companies to do this, the Council took no
action but had already recommended to the companies that the Council review any
settlement negotiations.
APC RESOLUTION - CLIFF ROAD SECTION 27 NORTH-SOUTH ROAD. A recommendation of
the APC on February 24th, 1976 that a connecting link between Wilderness Run Drive
and Cliff Road East of Ches PRar Addition be planned in future development of the
area. Upon motion by Rahn, seconded Wachter, all members voting yes, it was
RESOLVED that provision be made for a road from the platted stub running Southerly
from Wilderness Run Addition and Wilderness Run Drive to Cliff Road. Copies of
the resolution will be sent to the Wilderness Run Home Owner's Association and
affected property owners.
JOHNNY CAKE RIDGE ROAD. It was noted that a Legislative Committee has
recommended approval of the bill regarding the improvement of Johnny Cake Ridge
Road to provide that SO% of the cost would be paid by the State and SO% would be
paid bq each city which portion would be allocated from State aid funds in future
years. There was a question about whether the City would be permitted to assess
affected property and the possibility of deferring the assessment in the +~vent
the property has developed at a future time.
WILDERNESS RUN SIRTH ADDITION -UTILITY REPORT. The City Engineer submitted a
feasibility report for the area which is intended to consist of the t~ilderness Run
6th Addition area and upon motion by Rahn, seconded Wachter, all members voting in
favor, it was RESOLVED that the report be accepted and the hearing be scheduled for
April 20, 1976 at 7000 p.m. and that the Engineer be authorised to prepare plans &
specifications. -7-
CHES MAR ADDITION - PROJECT #173. The plans for Improvement Project #173
consisting of utilities in Ches Mar 1st Addition were submitted by the Engineer.
Upon motion by Poizin, seconded Rydrych, all members voting yes, it was RESOLVED
to accept and approve the plans and specifications and that the Clerk be
authorized to advertise for bids to be opened at 3:00 p.m. on April 20, 1976.
ENGINEERING ISSUES. Copies of the sanitary sewer and storm sewer master plan
for 1976 were distributed by the City Engineer.
I35E ALIGNMENT. Mr. Rosen indicated that the State Highway Department in its
recent EIS for I35E has included an alternate alignment running Easterly of
Blackhawk Lake because it is fearful that the EIS will be turned down without
the alternate alignment. The EIS is nearly completed according to reports from
the MHD.
HOURLY RATES FOR THE CITY ENGINEERING CONSULTANTS. Rates for the City
Engineering Consultants as revised were submitted and upon motion by Smith, seconded
Rahn, all members voting yes, the rates effective April 1, 1976 were approved.
SPECIAL COUNCIL MEETING. A special council meeting with Jim Horne, architect,
concerning proposed additions and improvements to the City Hall was scheduled by
the Mayor for Saturday, March 20, 1976 at 8:30 a.m. at the City Hall.
DEEP WELL NO. 4. The City Engineer indicated that the contractor for Deep
Well No. 4 had requested an extension of time without penalty for construction of
the Deep Well. No action was taken at the present time.
OAK RIDGE ACRES 1ST ADDITION. Harry Ray submitted a petition requesting sewer
and water to be installed by the city in Oak Ridge Acres 1st Addition on Deerwood
Drive and that the request for the utilities for the former proposed plat be
withdrawn. Upon motion by Poizin, seconded Rahn, all members voting yea, it was
RESOLVED to authorize the Engineer to prepare a preliminary report on the project.
III ELECTION JUDGES. The Clerk submitted a schedule of election judges for the
April 10, 1976 and May 4, 1976 special elections. Upon motion by Smith, seconded
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tJachter, all members voting in favor, it was RESOLVED that the slate of election
judges be approved for both elections.
BOARD OF EQUALIZATION. It was noted that the request had been made for the
Board of Equalization to he scheduled to meet at the City Hall on May 27, 1976 from
P.n.
7 ~ to 10 P.M.
CITY ADMINISTRATOR RESOLUTION. Upon motion by Rydrych, seconded Wachter, it
was RESOLVED that the City Atty. be authorized to prepare a resolution covering
the Position Description of the City Administrator and that the resolution be
approved.
WILLIAM ALMQUIST ASSESSt~PTT APPEAL PROJECT ~~137. Paul Hauge described to the
Council the decision of the District Court indicating that the assessments for
William Almquist property had been reduced from approximately $26,500 to $23,500
eliminating the 35 acres of existing roads and approximately 5 acres of unusable
land from the assessment roll. Upon motion by Polzin, seconded Smith, all me^~bers
voting in favor, it was RESOLVED that the request of Mr. Al~iquist for statutory
allowable costs be approved and ordered paid with the understandin; that no appeal
will be made from the District Court's decision.
Upon motion duly made by Polzin, seconded Rahn, all members voting in favor,
the bills according to the following schedule were ordered paid' ~~129 through X135;
42428 through 4r`2544° 43788 through X3950.
Upon motion the meeting adjourned at 12;45 p.m.
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