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04/20/1976 - City Council Regular S I MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL III EAGAN, MINNESOTA April 20, 1976 A regular meeting of the Eagan City Council was held on April 20, 1976 at the t 1 Eagan City Hall at 6:30 P.M. All members were present. Also present were Rexene, Bolke and Hauge. MINUTES. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the minutes of the Council meeting of March 30, 1976, A;sr_i1 6, 1976 and April 13, 1976 be approved with the exception in the April 13th, 1976 minutes that the meeting commenced at 7 P.M. and Project #190-A should read #169-A on Page 2 thereof. PROPOSED BOND ISSUE REFUNDI3G. Steve Mattson and James Olsen of Juran and Moody fiscal consultants, appeared and discussed the proposed refunding of approximately III 4 existing Eagan bond issues. Also Roger Gabbert appeared together with other representatives of Dain, Kalman & Quail and Piper, Jaffrey & Hopwood, Inc. recom- mending that D,R & Q and P,J & H also be included as escrow agents with 1st National Dank of St. Paul. Mr. Gabbert indicated that P,J & H and D,K & Q will pay all costs incurred in the refunded bond issue if it is not sold and also indicated that they would sign an indemnification agreement with the City of Eagan. A representative of the 1st National Bank was present and indicated that they also would sign an indem- nification agreement as requested by the City. After considerable discussion, upon motion by Wachter, seconded Smith, it was RESOLVED that Juran and Moody be authorize= to act as fiscal agents in the refunding of the bond issues and 1st National Bank of St. Paul, P,J & H and D,K & Q act jointly as the three escrow agents; further that a final proposal be made to the City Council for refunding the issues.. further il subject to submission of appropriate indemnification agreements with all escrow agents as requested to be approved by the City Council. POLICE DEPARTMENT. Martin DesLauriers appeared. 1. Divine Redeemer Hospital. The Council reviewed briefly a proposal from 4-20-76 III Divine Redeemer Hospital regarding a subsidy for ambulance service in the City of Eagan and adjoining communities and upon motion by Wachter, seconded Rydrych, all members voting in favor, it was RESOLVED that the City Council be on record favoring the proposed subsidy arrangement and the proposed concept of ambulance service and further that the City Atty. be authorized to work out a contract arrange•- scut with Divine Redeemer Hospital and resubmit it to the City Council for approval. 2. Squad Car. Upon motion by Wachter, seconded Smith all members voting in favor, upon the request of the Police Chief, the P.D. was authorized to acquire. quotes for a 1976 squad car with 1975 squad car trade-in. CEDAR AVENUE SEWAGE PLANT. Mr. Tom Wittmann from Systech of Dayton, Ohio, appeared at the request of the City Council concerning a proposal by Systech for the lease of the Cedar Avenue sanitary sewage plant owned by the City of Eagan for treatment of industrial wastes. A tenative proposal was discussed for the lease of tlh.: facility for up to 10 years with an additional option. The Council appeared recap- ' tive to the suggestion and requested that Mr. Wittmann submit a proposal in writing to the City for review by the City Atty. BUILDING PERMIT APPLICATIONS. 1. David Johnson appeared on behalf of Blackhawk Hills Associates requesting septic tank installation approval for an unplatted parcel in Blackhawk Hills Addition adjoining proposed 135E on an unplatted 2 acre parcel. He requested permission for the installation of septic tank until the sewer line is available. There were no objections to the Council. Upon motion by Polzin, seconded Rydrych, all members voting in favor, it was RESOLVED to approve the installation of the septic tank subject to conformance with the platting ordinance. 2. Wayne Sandeen - Lakeside Estates. Mr. Sandeen appeared on behalf of his application for building permit for the bridge over Lot 33, Block 2, Lakeside Estates Addition and indicated that the DNR had given him tenative approval. The City Eng. explained that a sanitary sewer problem could exist and suggested that water and -2- r 4-20-76 septic tank be provided so that city utilities can be connected from the east. Upon IIImotion by Polzin, seconded Rydrych, all members voting in favor, it was RESOLVED that the building permit for the bridge be approved subject to the recommendations of the City Eng. as to the connection to the City utilities in the future. 3. Upon motion by Smith, seconded Rahn, all members voting in favor, it waa Pr'SOLVED that the application of Donald Simon for the installation of a 6 foot fence at the intersection of Copper Lane and Copper Point at 2094 Copper Lave be granted because of its set-back from the intersection and it appeared to be in compliance with Ordinance #52. MURPHY HOUSE WATER EXTENSION. Ray Murphy, the owner of the Murphy House, appeared and requested that a study be ordered regarding extension of water main to the Murphy House on Highway #13. Mr. Rosene indicated that the estimated cost is about $15,000 and there is a question as to which property would be ascri ed. 1450 feet of additional main is necessary. Upon motion by Rahn, seconded S:u_ ii, all members voting in favor, it was RESOLVED to order the City Eng. to prepare a preliminary report regarding the request. PROJECT #172 - WILDERNESS RUN 6th ADDITION UTILITY PROJECT. The Mayor announced the opening of the public hearing regarding Imp. Project #172, sewer, water and storm sewer for Wilderness Run 6th Addition on County Road #30. Arnold Carlson was present. There was considerable discussion concerning the need for storm sewer trunks and proposed assessments in the Wilderness Run area because of the apparent high water in the adjoining lakes. After review and upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that Project i172 be ordered in, that the plans and specification be prepared, subject however to the execution of a development contract covering the improvements to include storm sewer trunk by assessment or bond and further subject to the completion of the final plat of Wilderness Run 6th Addition; further that the City Eng. and City Atty. submit to the Council a proposal as to storm sewer trunk recommendations for the entire city. -3- 4-20-76 PROJECT #168 - SIBLEY TERMINAL INDUSTRIAL PARK. The Council again considered Imp. Project #168, storm sewer extension to Sibley Terminal Industrial Park, which project had been delayed from an earlier meeting. A number of owners were present and generally objected to the project. A letter from Murphy Trucking was read by Robert Wehage and a letter from Royce Real Estate Co. also objecting to the project were reviewed. There was a suggestion that an open swail be used instead of a submerged sewer pipe for lateral purposes and the engineer indicated the potential maintenance and erosion problems that could result from an open swail. Arlan Erickson of Pre--Hung Doors appeared with objections and recommended that a study of alternatives including a smaller pipe and swail as an alternate. Rydrych moved and Rahn seconded the motion to order in Phase 1 of Project #168 but to provide for and explore alternate methods to handle the lateral portion and that the City Eng. be authorized to prepare plans and specifications covering Phase 1. JOHNNY CAKE RIDGE ROAD - IMP. PROJECT #142. The City Eng. submitted a pre- liminary report for street improvements for Johnny Cake Ridge Road consisting of Project #142. The Council reviewed the suggestion of the City of Apple Valley that a Joint Powers Agreement be set up for construction purposes. There was further discussion concerning right-of-way acquisition. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the report be accepted and a hearing on the preliminary report be scheduled for May 11, 1976 at 8 P.M. at the City Hall. PROJECT #181 - CEDAR GROVE 9, 11, 12 ADDITIONS STREET IMPROVEMENTS. The City Eng. submitted a preliminary report covering Project #181 consisting of street imp. in Cedar Grove #9, 11, 12 Additions. Upon motion by Rahn, seconded Wachter, it was RESOLVED that the report be accepted and that a public hearing be scheduled for May 18, 1976 at 7 P.M. at the City Hall. HIGHWAY #55 - PROJECT #182. The next preliminary report submitted by the City Eng. covered Project #182 consisting of storm sewer improvements for the -4- i f 4-20-76 IIIHighway #55 area East of Highway #49. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED to accept the report and schedule a public hearing for June 1, 1976 at 7 P.M. ORDINANCE #52 AMENDMENTS. Paul Hauge submitted proposed revisions to Ordnance #52 including an additional request for revision relating to barber and beauty shops in residential areas. Upon motion by Rahn, seconded Rydrych, it was RESOLVED to approve the revisions but resubmit the final draft to the Council. All members voted yes. ASSESSMENT COMMITTEE RECOMMENDATIONS. The minutes of the March 30, 1976 Assessment Committee meeting were reviewed and upon motion by Polzin, seconded Smith, it was RESOLVED that the recommendations relating to the Airliner Motel water area assessments, existing developments on county and city roads and Martin Shields water main oversizing be accepted and approved. All members voted 11 favor. IMPROVEMENT PROJECT #173. The City Eng. requested that the acceptance of a bid for Imp. Project #173 be continued until the next meeting so that further review of the low bidder's qualifications can take place. PROJECT #161. OAK RIDGE ACRES 1ST ADDITION. A preliminary report was submitted by Bob Rosene covering Imp. Project #161 regarding sewer and water services to Oak Ridge Acres 1st Addition on Deerwood Drive. Upon motion by Polzin, seconded Smith, all members voting yes, it was RESOLVED to accept the report and schedule a public hearing for May 13, 1976 at 7 P.M. at the City Hall. 1976 SEWER AND WATER RATES. Upon motion by Smith, seconded Rydrych, all members voting yea, it was RESOLVED that the proposed rates for 1976 covering sewer, water and storm sewer services for the City of Eagan as submitted by the City Eng. be approved with an effective date of April 1, 1976 for lateral benefit from sewer IIIand water mains and that assessment for water supply, storage and mainoversizing on existing projects become effective July 1, 1976 with the exception, however, -5- f 4-20-76 IIIof the water area assessments for Phases 1, 2 and 3 which are currently being scheduled for hearing or have been heard by the City Council. PHASE 3 WATER AREA ASSESSMENT HEARING PROJECT #179. Upon motion by Smith, seconded Wachter, it was RESOLVED that Phase 3 of the water area assessments be scheduled for hearing for June 15, 1976 at 7 P.M. at the City Hall. All members voted yes. 3.2 BEER LICENSES. The application of T.D. Anderson for the Univac Go-Fers Softball Team and Robert G. Spurr of the St. Paul Union Printers Baseball Team for 3.2 licenses for the Univac baseball site for the May 8 & 9, 1976 and May 22 & 23, 1976 dates respectively were reviewed. Upon motion by Smith, seconded Rahn, all members in favor, the applications were approved. TAX FORFEITED LAND ACTIISITION. The City Clerk submitted information from Dakota County regarding the acquisition of land by the City of Eagan of a tax forfeited parcel consisting of the N1/2 of Lot 12, Block 2 McKee 3rd Addition. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the City of Eagan exercise its right to acquire the tax forfeited land above described and that the Clerk be instructed to notify Dakota County of its election; FURTHER RESOLVED that non-conservation classification be approved for the tax for- feited property described in parcel 1003400-020-29 located in Section 33 and 34. LAKESIDE ESTATES UTILITY EASEMENTS. The request from Thomas Waite as the developer of Lakeside Estates Addition to abandon certain utility and drainage easements in the subdivision was turned over to the City Engineer for review and recommendation. PARK COMMITTEE BUSINESS. 1. Tree Control Department Truck. A request from the Park Committee that IIIquotes be requested for a 4 wheel drive truck for the tree control department was upon motion by Rahn, seconded Wachter, all members voting in favor, approved & tha request for bids be authorized. -6- i 4-20-76 III 2. Park Committee Appointment. The Council reviewed the resumes of about 12 persons requesting appointment to the Eagan Park Committee. After secret ballot, Thomas Brown was appointed to the committee. DOG CATCHER AGREEMENT. Upon motion by Smith, seconded Polzin, it was RESOLVED that Mike Tucker be appointed the dog catcher and that the agreement regarding dog catcher services be approved and ordered executed. I . PROJECT #180 - RAHN ROAD IMPROVEMENTS. A preliminary report regarding street improvements on Rahn Road South of Rahn School was submitted by the City Eng. and upon motion by Polzin, seconded Wachter, all members voting yea, it was RESOLVED that the report be accepted and the hearing be scheduled for May 11, 1976 at 9 P.M. at the City Hall. PROJECT #169-A. The City Eng. requested a resolution of the City Council combining certain projects for bidding purposes and upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that Project #1566;. #169 Fx #171 be combined for bidding purposes and be referred to Imp. Project #169-A with the understanding that said individual projects have remained separate improvements under M.S.A. Chapter 429. HIGHWAY #13 - YANKEE DOODLE ROAD INTERSECTION. The City Atty. indicated that he had been negotiating with the attorney for James Tousignant regarding the acquisition of 2,500 square feet or about 1/18th of an acre for purposes of improving the intersection of Yankee Doodle Road and Highway #13 due to extremely unsafe conditions. He conveyed the demand of Mr. Tousignant for the taking of the easement. The Council members indicated that the demand was grossly excessive and refused to negotiate further concerning the parcel. BILLS. Upon motion by Wachter, seconded Rahn, all members voting in favor, III it was RESOLVED that the bills according to the following schedule be approved and ordered paid: #136 - #1419 #2545 - #2663; #3951 - #4154. The meeting adjourned at about 12:15 p.m. Dated: 'd, -7-