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07/20/1976 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA July 20, 1976 A regular meeting of the Eagan City Council was held at the City Hall on July 20, 1976 at 6:30 P.M. All members were present. Also present were Bolke, Hedges, Rosene and Hauge. MINUTES. After the Pledge of Allegiance, upon motion by Rahn, seconded Rydrych, all members voting yes, it was RESOLVED that the minutes of the July 6 and July 15, 1976 minutes be approved as distributed. POLICE DEPARTMENT. 1. The following roads were specified in a letter from the Police Chief classi- fied as rural roads by the Highway Department as follows: Consisting of Rahn Road South of Shale and North of Cliff Road, Blackhawk Road South of County Road #30 and North of Cliff Road, Dodd Road South of County Road #30 and North of Cliff Road, Dodd Road South of Cliff Road and North of Farm Road. No minimum speed signs would be permitted and therefore authorization from the City for warning signs was requested. Upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the foregoing roads be posted with traffic warning signs. 2.CETA Employee. It was noted that Tami Moe had been recommended to fill the position of Curt Roe as a CETA employee in the Police Department. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the recommendation of the Police Department be approved. FIRE DEPARTMENT. There was no business. UTILITY DEPARTMENT. Bill Branch was present. 1. Mr. Branch indicated that he received four quotes for repair work on the residence in Patrick Eagan Park, and further review will be made. 2. Mr. Branch further reviewed the work that had been accomplished by City employees to date. 3. Water Pumping Record. Mr. Branch distributed a record of the water consump- 7-20-76 tion showing a drastic increase In water demand in the Summer of 1976 over 1975. He recommended a study as to whether a new well would be needed. It was suggested that the July and August demands in 1976 be studied and review be made after August, 1976. 4. Sanitary Sewer T.V. Inspection. The City Engineer discussed with the Council a recommendation that T.V. Inspection be used on new sanitary sewer instal- lations in determining flaws in the pipes and that the costs be included in the cost of new projects and assessed to the benefited owners. Further recommendation will be made at a later time. DAKOTA COUNTY ASSESSOR'S ABATEMENTS. John O'Toole from the Dakota County Assessor's office submitted a list of recommended abatements on real estate taxes and one personal property parcel. Upon motion by Wachter, seconded Smith, all members voting yes, it was RESOLVED to accept & approve the list of abatements. PARK COP ?ITTEE. Barbara Schmidt appeared. 1. Mra. Schmidt updated the Council on the 1975 contract for park develop;r.�:i_L and suggested a hold back on completion of payment because of the corner droppage problem on Oak Chase tennis court. 2. River H ills 9th Addition. Discussion was had concerning maintenance problems. A recommendation was made by the Park Committee that Pemtom be required to make changes at its expense including the recommendations to be made by the Eagan Planner prior to Eagan's accepting the River Hills 9th Addition park for maintenance purposes and release of its performance bond. Several residents from the subdivision appeared and complained about the construction of the path and the City Engineer will also work with the Park Director in respect to the improvements. ENERGY COMMITTEE. A 7:30 A.M. special meeting of the Council will be held on Wednesday, July 28th at Perkins Pancake House with the Energy Committee to discuss recommendations for future action. -2- 7-20-76 BUILDING PERMITS. 1. Dale Peterson appeared and requested that the Council act to provide by resolution that certain improvements be required in Cedar Grove Additions 9, 11 and 12th to comply with the request of FHA. Upon motion by Smith, seconded Rahn, it was RESOLVED that the requests of Mr. Peterson regarding FHA requirements be adopted for the three subdivisions provided, however, that the tree not be placed in the boulevard but at lwast 5 feet from the property line and that the policy concerning the installation of one tree in any new platted subdivision lot develop- ment be required under the same conditions. 2. Jandewerth, 1705 Walnut Lane, Woodgate Addition. Mr. Jandewerth requested a written opinion from the City Engineer concerning inspection of his property and it was explained that the city policy is that consultants not give an opinion as to private property unless there is a municipal issue involved. No action was taken. HOLLY INNS, INC. - TRANSFER OF VOGI'S LIQUOR LICENSE. Atty. Richard Korsch appeared on behalf of Holly Inns, Inc. , a Minnesota corporation, for transfer of the Vogi's liquor license on Highway #13. It was noted that the corporation is controlled by persons with interests of other liquor licenses in the State of Colorado and that the Police Department has made a summary check concerning the background of the principles of the corporation. The Police Chief recommended that there be a local manager responsible for the operation of the restaurant and requested that the matter be tabled for further investigation. Upon motion by Smith, seconded Rydrych, it was RESOLVED that the application be tabled until the August 3, 1976 meeting. Mr. Trujillo and Mr. Pappas were present as principles and indicated that no resident manager had been selected as yet. All members voted yes. ZOO DEVELOPMENT GUIDE. The Council reviewed the recommendations of the Planning Commission regarding revisions to the Guide and upon motion by Smith, -3- 7-20-76 IIIseconded Rahn, all members voting in favor, it was RESOLVED that the guide be accepted officially and approved by the City Council with the APC recommendations. PLANNED DEVELOPMENT AGREEMENTS. Paul Hauge reviewed the Gopher-Eagan Planned Development Agreement with the Council and upon motion by Polzin, seconded Rydrych, all members voting in favor, it was RESOLVED that the contract be approved and ordered executed. CEDAR GROVE 9,11, 12 - STREET LIGHTING. It was noted that the main developer of the subdivision had requested that he not be required to install street lighting. The City Administrator, Tom Hedges, was requested to study the street lighting issue and report back to the Council. JOHNNY CAKE RIDGE ROAD. 1. The City Eng. reviewed the plans of Johnny Cake Ridge Road including the proposed revisions to Cliff Road at the intersection of Johnny Cake Road. He IIIestimated that a traffic signal would cost $60,000 and reviewed the cost breai -;n between the City and the County. He recommended approval of the plans and that bids be advertised for August 31, 1976 at 31.,M. He further indicated that there would be two non-participating costs for watermain crossing across the road to be paid by Eagan exclusively. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the plans and specifications be approved and that the Clerk be authorized to advertise for bids to be opened on August 31, 1976 at 3 P.M. . 2. Joint Powers Agreement. A Joint Powers Agreement drafted by the Apple Valley City Atty. was presented and upon motion by Polzin, seconded Rahn, all members voting yes, it was,RESOLVED that the agreement be approved with slight revisions to be made by the City Atty. and ordered executed. 3. The City Atty. and Engineer indicated that they have been negotiating the easements on all ofthe parcels along the road and stated that Mr. Almquist -4- 7-20-76 requested $300 reimbursement for loss of pasture land for a lease in 1976 and that Mrs. Armagost requested payment for crop loss for about 21 acres. The Council indicated approval and further negotiations will take place. 4. The City Engineer reviewed three possible revisions to the intersection of Cliff Road and Johnny Cake Ridge Road and recommended the A-1 proposal of the County requiring additional right-of-way on the South side to avoid the heavy tree growth on the North side of Cliff Road. Construction would take place in 1977 and the city would acquire the easements on the South side. Upon motion by Smith, seconded Rahn, all members voting yea, it was RESOLVED that the Council be on record favoring A-1 with the additional right-of-way on the South side of Cliff Road. 135E HEARING. The Council discussed the presentation of the City at the hearing of July 22, 1976. The City Eng. reviewed some recommendations that he would make for the presentation and Mr. Rosene and Mayor Polzin were asked to IIIrepresent the city at the hearing. David Johnson's letter of July 16, 1976 regL.. at- ing the Council to change its position from the A-1 to the A-2 alternate to avoid the bridge over Biackhawk Lake was reviewed. No change in favoring the A-1 position of the City Council was made. TENNIS COURT REPAIR. Barbara Schmidt reviewed three bids solicited for tennis court repair and recommended the System 1 bid of Hauenstein and Burmeister for $2957. to be accepted. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED to approve the low bid of Hauenstein and Burmeister with the understanding that the source of the payment be determined upon recommenda- tion of the Park Director and Clerk. CARL JOHNSON INVESTMENT COMPANY - ROAD IMPROVEMENT RE9UEST. A request of C.L. Johnson Investment Company, Inc. for blacktopping 570 feet of Meadowview Road North of Highway #13 was upon motion by Rahn, seconded Smith, all members voting in favor, referred to the City Engineer for study and submission of a feasibility report. -5- 7-20-76 SUBSIDIZED HOUSING ALLOCATION. There was discussion relating to the involve- ment of the city in a subsidized housing allocation program through Dakota County but no action was taken. ASSESSMENT HEARING - SEPTEMBER 7, 1976. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the assessment hearing of September 7, 1976 at 7 P.M. for the following projects be and they hereby are scheduled: 1. #144A - Wilderness Run Road Street Improvements 2. #156A - Woodgate 3rd, Pilot Knob Heights 4th and Bicentennial Addition Street Improvements 3. #160A - Bicentennial Addition and Barton-McGray Addition sewer, water and storm sewer 4. #162 - Ridgeview Acres Street Improvements 5. #169 - Lost Spur main 6. #173 - Ches Mar Addition and Oak Ridge Acres sewer, water and storm sewer. PRELIMINARY PLANS FOR CEDAR AVENUE. A letter from the Minnesota Highway Department requesting a resolution approving preliminary plans for Layout #12 5P 1925-01 (36=279) was reviewed as the layout requested for approval of the extension of Silver Bell Road westerly eventually being extended under Cedar Avenue by bridging south of the railroad right-of-way. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the layout as submitted be approved and adopted by the City Council. LEXINGTON AVENUE - CHROMY CONSTRUCTION CO. A letter from the City Engineer of July 14th regarding repairs due to construction of sewer, water and storm sewer under Project #104 on Lexington Avenue regarding Chromy Construction Company's defective work was reviewed by the Council. There was discussion whether Dakota County ought to enter into the negotiations and a letter from Great American Insurance Company, the bonding agent for the defunct Chromy Construction Co. offered a 50% contribution toward the cost of the improvementm. Upon motion by IIISmith, seconded Wachter, it was RESOLVED that further negotiations concerning the repair work be undertaken with Great American Insurance Co. and the County -6- 7-20-76 III of Dakota, and report back to the City Council. DAKOTA ELECTRIC ASSOCIATION - EAGAN PUMP'HOUSE NO 4. Upon motion by Rahn, seconded Smith, all members voting yes, it was RESOLVED that the agreement with Dakota Electric Association for electrical service to Eagan pumphouse No.4 be and it hereby is approved and ordered signed. CETA AGREEMENT WITH DAKOTA COUNTY. A CETA Agreement was submitted by the City Clerk extending the agreement with the County to September 30, 1976. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the contract be approved. IMP. PROJECT #169 - LOST SPUR WATER MAIN. The City Eng. submitted a request for approval of the final estimate for Imp. Project #169 - Lost Spur water main in the amount of $12,498.38. Upon motion by Polzin, seconded Smith, all members voting yea, it was RESOLVED that the project be accepted and that the final estimate be ordered paid. WORKMEN'S COMPENSATION FOR MAYOR AND CITY COUNCIL. A resolution prepared by the City Clerk including the Mayor and City Council under workmen's compensation insurance coverage from July 1st, 1976 was upon motion by Smith, seconded Wachter, all members voting yes, approved. HIGIIVIEW AVENUE ASSESSMENTS - RUTH SMITH. Atty. Donald Campbell appeared on behalf of Ruth Smith regarding the Herbert Lentsch development on Ruth Smith's property on Highview Avenue and requested that the 1970 rates be used without interest for assessing at the present time. In addition, a request was made for extension to September 1, 1976 to determine whether to pay the assessments under the 1975 rates. The Council indicated that its position is that only until August 1, 1976 it will permit the developer to apply and pay or be assessed on the IIIbasis of 1975 rates. TAX FORFEITED LAND ASSESSED. Upon motion by Smith, seconded Wachter, all -7- 7-20-76 members voting in favor, it was RESOLVED that Lots 1, 2, 3, 4, 5 and 6 and the IIIEast half of Lot 7 and Lot 9, Block 3, Oslund Timberline Addition be reassessed as tax forfeited land according to the 1976 statutes which assessment hearing will be September 7, 1976 at 7 P.M. WILLIAMS - LaRUE ADDITION. Upon motion by Polzin, seconded Wachter, all mem- bers voting yes, it was RESOLVED that Lot 4 of Williams and LaRue Addition not be charged for park dedication fees until a building permit is acquired for construction on that lot, to be paid at the rates then in effect. ORDINANCE NO. 66 - ASSESSMENT DEFERRMENT. The City Atty. submitted a draft of proposed Ordinance No. 66 concerning deferrment of assessments for senior citizens. The Council will review the ordinance again at the next regular meeting. STATEMENT & BILLS. Upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the bills according to the following schedule be ordered paid: # 4505 through #4753: #163 through #173: and #2914 through #3041. 1976 ICMA CONVENTION. After discussion, upon motion by Rydrych, seconded Wachter, all members voting in favor, it was RESOLVED that Tom Hedges, the City Administrator, be authorized to attend the ICMA convention beginning September 26 in Toronto, Canada with the city to pay his expenses at the convention and that no salary be paid in transit to the convention only. JOHNNY CAKE RIDGE ROAD RESOLUTION. The City Atty. submitted a resolution requesting that the Dakota County Board grant an easement to the City of Eagan covering land owned by the county adjacent to Johnny Cake Ridge Road. Upon motion by Rahn, seconded Polzin, all members voting in favor, the resolution was adopted. JII TREE REMOVAL CONTRACT. There was discussion concerning the possibility of the City entering into a contract to provide for assistance for private owners -8- • 7-20-76 III in removal of diseased trees on private property which expense would be paid for by the owners. More review will be made and a recommendation will be made to the Council. 1976 SEAL COAT PROJECT AND STREET IMP. PROJECT FOR CEDAR GROVE 9, 11 & 12. The contracts covering the seal coat project for 1976 for Eagan streets and the contract for street improvements in Cedar Grove 9, 11 & 12 consisting of Project #181 were submitted and upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the contracts be approved and ordered executed. POLICE FACILITY. James Horne was present and discussed with the Council a lay out and site plan for the police facility on the East side of Pilot Knob Road. After discussion, upon motion by Rydrych, seconded Wachter, all members voting yea, it was RESOLVED that the site plan as presented be approved for the new IIIpolice facility. Upon further motion by Rydrych, seconded Wachter, it was RES0' FED that Mr. Horne be authorized to proceed with working drawings for the facility. All members voted yes. Upon motion duly made and seconded, the meeting adjourned at approximately 12 P.M. 7 - - 74 DATED: 8- 3 .74- `'y'(.e 42/(7 se 8-3v-. (4- - I -9-