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12/20/1977 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 20, 1977 A regular meeting of the Eagan City Council was held on December 20, 1977 at 6:30 p.m. Those present were Mayor Polzin, Councilmen Rahn, Smith, Wachter and Rydrych. Also present were City Clerk Bolke, City Engineer Rosene, City Administra- tor Hedges and City Attorney Hauge. In addition, Mrs. Jan Smith, Mrs. Agnes Polzin and Mrs. Clara Rahn were also present. At 6:30 p.m., the Mayor, Herbert Polzin, convened the last regular meeting of the Eagan City Council for 1977 and the last regular Council meeting for Mayor Polzin, Councilman Rahn and Councilman Rydrych. MINUTES. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the minutes of the December 6, 1977 meeting be approved with the exception on page 4 that Wachter voted no on the motion regarding para-transit. POLICE DEPARTMENT BUSINESS. Martin DesLauriers appeared. 1. Cliff Road Speed Survey. Mr. DesLauriers requested a speed survey be done by MN/DOT covering Johnny Cake Ridge Road from Cliff Road to the Eagan-Apple Valley boundary. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the request be granted and that a speed survey be requested of MN/DOT. 2. Pilot Knob Speed Survey, Mr. DesLauriers then requested that the Council approve his recommendation that the speed limit on Pilot Knob Road be reduced to 45 miles per hour throughout the City noting that the existing limits range from 45 to 55 miles per hour. Wachter moved and Rahn seconded a motion with all members voting yea to recommend to MN/DOT that the maximum speed limit throughout the City of.Eagan on Pilot Knob Road be set at 45 miles per hour because of the heavy traffic congestion on the highway. 3, Telephone Contract. Chief DesLauriers text presented a proposed contract between Northwestern Bell and the 14.~y of Eagan for the new .Police Facility. After discussion, upon motion by Wachter, seconded Rydrych, all me-mbers voting in favor, -1- 12-20-77 it was RESOLVED that the proposal of. Northwestern Bell be approved. 4. Furniture for Police Facility. Quotes for furniture for the new Police Facility were next presented, and Mr. DesLauriers recommended approval of the low quote of $8,805.90 from JAK Office Products. $8,000 of the money for furniture will come from Federal Revenue Sharing, and $805.90 from auction receipts. Smith moved and Rydrych seconded a motion to approve the quote from JAK Office Products, and order the equipment. All members voted in favor. 5. Stop Sign Installation. Police Chief DesLauriers recommended a stop sign be installed at the intersection of McCarthy Road and Pine Ridge Drive. Rydrych moved and Wachter seconded a motion with all members voting in favor to recommend approval. 6. Beau d'Rue and Rahn Road Intersection. Councilman Smith recommended that the City consider the purchase of a traffic signal at Rahn Road and Beau d'Rue Drive because of the extreme traffic congestion at that intersection. The Police Chief was requested to submit a report concerning the accident history at that location and report back to the Council. PARK COMMITTEE. Park Director Schmidt was present at the meeting. She presente, to the Council the 1977 Diseased Tree List including elms and oak4 consisting of 114 owners with diseased elms and 29 owners with reported cases of Oak Wilt. She indicated that only two owners have now not complied with the procedures of the City concerning removal, and these two owners have requested an extension of time, which has been granted. Polzin moved and Rahn seconded a motion with all members voting in favor to accept the Diseased Tree List for 1977 according to the Eagan Tree Disease Ordinance. Councilman Smith was temporarily excused from the meeting. R.E.S. INVESTMENT COMPANY PLAT WAIVER. Mr. Pete Parranto and Mr. James Imre appeared on behalf of the application of R.E.S. Investment Company for waiver of -2- 12-20-77 plat concerning a portion of Lot 2, Robert O'Neill Homestead consisting of 3 3/4 acres to be acquired by Mr. Imre for a total of 6 3/4 acres. Mr. Imre stated that the property would be platted prior to the acquisition of a building permit on the parcel. The APC recommended approval. Wachter moved and Rydrych seconded a motion with all members voting yes to approve the application conditioned upon the recommen- dation of the Advisory Planning Commission. NWCC NORTH DISTRICT INTERCEPTOR. City Attorney Paul Hauge reviewed with the Council a proposed agreement submitted by the attorneys for the Metropolitan Waste Control Commission concerning the acquisition by the NWCC of the Eagan North District Interceptor. He indicated that negotiations have been taking place over a period of months and that a cost determination project dated December 5, 1977 prepared by Roger Katzenmeier, the City Accounting Consultant, covering the take-over costs had been approved by the MCC staff. After considerable discussion, Polzin moved and Rahn seconded a motion with all members voting in favor to approve the agreement subject to the following conditions: 1. That the exhibits attached to the agreement concerning current value deter- mination and local government debt service be approved by Mr. Katzenmeier. 2. That an attempt be made to re-negotiate the indemnification clause concernin4 title of the easements to be conveyed by the City to the Commission.. 3. That negotiations continue concerning reimbursements for Eagan expenses involved in the take-over by the NWCC. 4. That negotiations take place concerning the payment by the MWCC to the City covering the $8,500 for the recent pumping equipment for the McKee Area Lift Station. 1978 LICENSE SCHEDULE. A schedule of licenses according to the list attached to these minutes scheduled for renewal on January 1, 1978, including burglar alarms, cigarette license, gas fitters, gravel pit licenses, heating, ventilation, - 3- 12-20-77 refrigeration and air conditioning, outside sewer and water, plumbing, rubbish, vending machine, water softener and well drillers was submitted by the City Clerk. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the licenses according to the list attached be approved. CONDITIONAL USE PERMITS FOR 1978. A list of four conditional use permits scheduled for renewal on January 1, 1978 was submitted by City Clerk Bolke. Wachter moved and Rydrych seconded a motion with all members voting yea to approve the conditional use list as scheduled for January 1, 1978. TRUNK HIGIVAY X636 PLANS. City Engineer Rosene reviewed briefly the preliminary plans for Trunk Highway #36 from 1,821 feet South of County Road #30 to the Minnesota River. He indicated that 1.6 million cubic yards of earth will be excavated, a bituminous by-pass will be constructed around County Road #30, that old Highway #13 will be removed West of Cedar, that a haul bridge will be constructed over Highway #13, and that the bids for the next phase will be accepted on February 24, 1978, with two construction seasons to complete that phase of the project. The Engineer recommended approval of the plans. Polzin moved and Rahn seconded a motion to approve the preliminary construction plans. Councilman Smith,returned to the meeting at this point. PROJECT #215 REVISED PARK PLANS. City Engineer Rosene and Park Director Schmidt reviewed with the Council the revised park plans for construction work in various parks in the City in 1978. It was recommended that the City re-advertise for bids and that the Council accept the plans and specifications. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the plans and specifications be accepted, and that the Clerk be authorized to advertise for bids to be opened on February 6, 1978 at 3 p.m. at the City Hall. PROJECT #222 = BLACKHAWK ROAD SANITARY SEWER. The Mayor then convened the continued public hearing concerning sanitary sewer improvements on Blackhawk Road -4 12-20-77 near County Road #30. Several affected residents appeared and a letter was sub- mitted signed by five property owners opposing the project and seven property owners in favor of the project. After discussion and after reviewing the letter submitted by affected owners, Smith moved and Wachter seconded a motion that the project be approved. Councilman Rahn vacated his chair for the hearing and did not vote on the matter.. Those in favor were Smith, Polzin, Rydrych and Wachter,and the motion requiring 4/5 vote of the Council was adopted. 1978 EMPLOYEE SALARY SCHEDULE. The City Clerk next submitted the salary schedule concerning City employees for 1978. After review, Smith moved and Wachter seconded a motion to approve the salary schedule as submitted by the City Clerk and prepared by the City Administrator. PUBLIC RELATIONS COMMITTEE N94SLETTER. Councilman Wachter distributed a sample copy of the first City of Eagan Newsletter and indicated that itfs expected that there will be three additional editions for 1978 prepared under the direction of the Public Relations Committee. LADE WATER QUALITY MONITORING CONTRACT. The contract covering lake water quality monitoring between the City of Eagan and USGS covering the period from October 1, 1977 through September 30, 1978 was submitted. Eagan's share of the project will be $3,200, and a grant of $3,200 will be paid by USGS. Smith moved and Rahn seconded a motion with all members voting in favor to approve the contract, and it was suggested that Dakota County be contacted requesting that the County pay its share of the water quality monitoring covering Holland Lake and Jensen Lake in Eagan. EAGAN HILLS - HILLTOP ESTATES ADDITION. A letter from Dunn & Curry was read by the Clerk indicating that it would be unable to comply with the request of the City Council that developers not use the term "EstatestP in plats submitted to the City because of the confusion with the estate zoning category. It was noted that -5- 12-20-77 the final plat work had been completed before the Council had made the recommendation concerning the name change. POLICE PUBLIC SAFETY CONTRACT FOR 1978. A contract covering the Public Safety Department with the Eagan Police Association for 1978 was submitted for approval, Mrs. Bolke indicated the long term disability would cover only sworn police officers. Rahn moved and Rydrych seconded the motion with all members voting in favor to approve the contract for 1978. DEEP WELL No. 5. The City Engineer recommended an extension of time for completion of the Project with Bergerson-Caswell Engineering covering the Deep Well No. 5 project. Polzin moved and Wachter seconded a motion with all members voting in favor to approve the extension of completion to March 1, 1978. PUBLIC WORKS EMPLOYMENT CONTRACT. The contract with Teamsters Local #320 covering the Public Works employees was next submitted for approval. Wachter moved and Smith seconded a motion with all members voting yes to approve the contract with the Public Works employees for 1978. LAWCON - EAGAN PARK GRANT. It was noted that the City of F-ogan has received preliminary approval for a Lawcon Grant for acquisition of 34 acres adjacent to Patrick Eagan Park. No action was taken. BRAUN PROPERTY PARTITION ACTION. City Attorney Hauge reviewed with the Council a letter received from Grannis & Grannis, Attorneys, requesting that the City Council re-allocate assessments covering three parcels between Elrene Road and Highway 149 owned by the Braun family to provide that all assessments consisting of approximately $56,000 be allocated to one of the three remaining partitioned parcels, according to a Dakota County District Court Judgment and Decree dated June 4, 1976, Questions arose concerning the reason for the re-allocation, why the City had not been named a party in the action because it is affected by the re-allocation, whether under the Green Acres provision at the time of partition the assessments must be paid in -6- 12-20-77 full, and other applicable questions. The City Attorney was requested to investigate the matter further and report back to the Council. City Administrator Hedges appeared at the meeting at this point and announced the arrival of the newest resident to the City of Eagan, an 8k pound addition to the Hedges family,born on December 20 at Abbott Hospital in Minneapolis. CHES MAR FOURTH ADDITION. Mr. Dave Gabbert requested that the City Council approve the final plat for Ches Mar Fourth Addition and requested that the develop- ment agreement,including escrow, be delayed for a period of 60 days with the under- standing that the City not grant building permits until the development contract is finally approved. Council members did not appear to favor the grant of the extension of time for the development agreement and suggested that Mr. Gabbert appear at the next Council meeting to make a formal request for the extension to the City Council. COUNTY ROAD AND BRIDGE ALLOCATION. A resolution was submitted by City Clerk Bolke from Dakota County providing that the Road and Bridge Allocation from County funds be used exclusively for street and bridge construction and maintenance in the City. Upon motion by Polzin, seconded Rydrych, all members voting yes, the resolution was approved. WILDERNESS RUN SIXTH ADDITION DEVELOPMENT ESCROW. Robert Tilsen, the developer of Wilderness Run Sixth Addition, requested a reduction in the escrow bond of $30,104.42 on the basis of improvements completed in the addition. The City Engineer recommended a reduction of $18,657.30 and upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOT,VED that the recommendation of the City Engineer be approved. EAGAN FIRE RELIEF ASSOCIATION. Mrs. Bolke recommended the City Council approve the reimbursement of the 2% insurance premium refund from the State 'Of Minnesota and the allocation of the balance of the funds scheduled for the Eagan Fire Relief Association in the total sum of $30,450.85. Smith moved and Wachter seconded a -7- 12-20-77 motion with all members voting in favor to approve the reimbursement to the Eagan Relief Association as recommended. EAGAN TOWNSHIP GAVEL. The gavel used by the Eagan Town Board Chairman, the Eagan Village Mayor, and the Eagan City Mayor, hand-made by a resident of Eagan, and with a carving marked Eagan Township done by Fred Heuer, was recommended for official retirement by the City. Wachter moved and Polzin seconded a motion with all members voting yea to retire the Eagan Township gavel and that it be placed in an appropriate case in the City Hall. KENNEL OPERATOR CONTRACT. Rahn moved and Wachter seconded a motion with all members voting in favor to approve the contract with the operator of the Eagan Kennel. MALLARD PARK FIRST ADDITION DEVELOPMENT CONTRACT. The City Attorney submitted a development contract and escrow covering Mallard Park First Addition and recommended approval. Rydrych moved and Wachter seconded a motion with all members voting yes to approve the contracts. OAK CHASE PARK ASSESSMENTS. Paul Hauge and Alyce Bolke discussed with the Council the recommended reallocation of assessments covering Lots 5 and 6, Block 7, Oak Chase 1st Addition as requested by Mr. James Frisbee, the developer. Mr. Arnold Carlson was present and indicated that he intends to acquire the South half of Lot 6, Block 7, and that he would assume all of the assessments on Lot 6. It was understood, however, that the South half of Lot 5 has not been sold and there was concern that that parcel, which is land-locked, may become forfeited for non- payment of taxes and assessments, and it was also understood the developer had originally agreed to pay assessments on both lots. Wachter moved and Smith seconded a motion that the City would reallocate the assessments from Lot 6, Block 7 to the South half of Lot 6, Block 7, but that the developer be required to pay the assess- ments in full on Lot 5, Block 7 during 1977 prior to transfer of title to the City -8- 12-20-77 covering the park la,:d oz: each of hose lots. MONTHLY BILLS. Rahn made a motion and Wachter seconded the motion with all members voting yes to pay the bills according to the followii,.g schedule: 360 - 380; 5428 - 5505; and 8239 - 8400. RETIRING MAYOR AND COUNCIL MEMBER PLAQUES. Council member Ted Wachner presented plaques o rehiring Mayor Polzin, retiring Councilmen Rydrych and Rahn for their lo.z con-inued and dedicated service ':o the City of Eagan. RECOGNITION OF OUTGOING MAYOR AND COUNCIL MEMBERS. Newly elected Mayor Murphy, on behalf of all Eagan residents, chanked the outgoing Mayor and members of the Council for their dedicated service, and he indicated it was the end of a very important era in -he history of Eagan. ADJOURNMENT, Upon motion by Wachter, seconded Polzin, all members voting yes, it was RESOLVED that the meeting be adjourned at approximately 9:30 p.m. PHH DATED : «L l !7 7 ~12e" " 3 / 7City Clerk - 9-