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12/30/1974 - City Council Special1~;.I~'~r 5 OF TIC SPECLAL 2~EfiING OF EAOAN CITY' CO~i33NCI"L Eagan` Minnesota December 30, 1974 A special meeting of the Eagan City Council was held on December 30, 1974 at 6;30 p.m. Those present were Smith, Rydrych, Polzin, Wachter, also Paul H. Hauge, City Attorney, Robert Rosene, City Engineer and Alyce Bollce, Clerk. IIiP. PROJECT X137 -800 SANITARY SEWER TRUNK. After the Pledge of Allegiance, the Mayor anaou~maed that the principal purpose of the meeting was to reconsider the approval of Tmp. Project X137 consisting of sanitary sewer frank interceptor to tine zoo facility. The City Attorney indicated that Minnesota law requires that au impravemant project to be approved under M.S.A. 429, the local improvement law, requires that 4 out of 5 of all members of the City Council must approve a project in order to adopt the project. It was noted that i:he Eagan City Council on December 17th at a public bearing concerning Imp, Project X137 voted 3 to 2 in faivor of proceed•Zng with the project and therefore the improvement wan not adoptEd, After discussing the matter with Faegre and Benson, the band approval attorney, it was suggested that a m~-er of the City Council on the prevailing $ide of the hearing on December 1?th couL3 make a motion to reconsider and then the Council could proceed with a redetexmiuation of the issue. Smith moved to reconsider the determination regard- ing Imp.. Project X137 a:d Wachter seconded. All members voted in favor, Mr. John Sonsteng, the Dakota County Attorney, appeared and indicated that the Dattota County Board took ttio further action regarding the project and therefore is opposed to assessments by the City of Eagan against land awned by Dakota County is the project area. Mr. Charles Lowery also appeared as did W,C. Alderson, Nub+erous property owners is the areaappeared aacl objected to the project as being preweatur~e. - Co~cilmrn Wachter suggested that the Minnesota Legislature $ssist in the financing of the project because the trunk project is premature due Lo the fact that the Minnesota Zoo has xegvested the installation of the tswak lino. ti'd'. y~i?'.sS~Cl ~T~,t'sgeW84:3Y, ~Il~i ?:.'.".=`.LiBF.~Dw~ :':Oi3 ~S.~QC~:~r~ £Y'~Iti~?~^.~'..~~ Kd~ SQO'b'.8 in favor of tl"F ;project. At approximstety 7,30 p~m. the Ms3er b;;'~,'~~ 6he hearing tc a c~.ose a~ tanoffi motion by Rydrych, seco~3c:I W,ach~'er, { ` ~~as %ESOd;V~ the?: the mof:ion I:o recz~ider be tabled uraL~il the ~-c,gular rt,;,~ee~~_;v of t,~~ Ca"y CoL:zcil o~: ~nuat~ 7th at tx~e City Hall.. All menabexs vated ~i £~ivc:r. CuA?~`~ E ORDERS. The follocain charge orders w•era c~ab~-:~t~:~d b;; t'~.e Clark r~,~x1 z'^~:^z~;r~aded fcr approval by the City En;~ir.~r: a., ~`'! o - Ch.~sa~;e Order ~~1 - $3, 600. CO Change O~~der ~~2 - $':, 6si7.27 bo r' J$ -Change Order 4~2 - $40, 997.65 for Borchert-Trgersoll a~133 - Ci~aage Order #3 - $ 4,039.30 c. #150 - Change Order ~kl - $ 1,288.93 Upan motioa by Wachter, seconded Smith, all members voting in fa•.or, it was RESOLVL'D t'nat t~.e chat~„e orders as listed above be approved. PAYi~NT Fl4dAL ESTIME~TES. T~.e following requests fox payment of final estimates :acre submitted by i:he Clerk and recomrmended for payment by tree City Engineer: Warrax~i: Not s. X370 through ~~326. Projec* ~~~146 - River. Hills 9th Add. -sewer & wager, Richard I~Srts~cn Co. 3xd a*~d final esi•~.a-a!;e -amount $18,481x22 ~oject ~k1i0-A ~ ?~eTenire AvenuA - ~.•ateru~~f.n-truck storm sewer, Austin P. Keller Construction Co. Stn aad final estimatQ - amo+snt $5,682.29 Project X127-A - Woodgate 1st Addo - water & vez~er, Three Way Construction Co. St:h ax~;l final estimate - amount $33,462.30 Project X128-A - S;lverbQll streets , Sos.berg Construction Co. 4ta~ and final Estimate -amount $12,67`L.49 Project r13~} - Elrene Road -street, Mc.N~amera-Vivant Contracting Co. 4th and final estimate -amount $11,205.96 Project X138 -National Building CFrter -sewer & water, Ra~spnhorst Corporation 3rd ansi final estimate -amount $71,004.55 Project X250 - Blackhawk Hills -streets, Fischer Cor..s~:x'uct•'on 3rd and final estimate - amount $].2,793.21 Upon mot~.on by Folzin, seconded S~+ith, ail members voting in fa•3ror, it was RESOL~3ED t,ha~ nc~ torFgoing final estimates be ordered paid as presnted, -2- Es4G~~1 T:~.Ea',~.Pd°S REI.~~' AS~t?C',,ATION. The C:i.ty Clerk i.^~{^_a"_:~ci that pa,*~:~~t had been recP:~.ved from "~-u~.G ~f--tea in the s~~ of t 9,13?e 9~ for Fi~-e~ mews Relief Asgcc{ation psrpcses aid u~eon mo~:iott by Sm~'~.th, 4ecc~~ied Wach+tex, ~±li ~,es~i~ers voting ycs, it was RESOLVED that that sign be paid to tae Eagan FSxe~Qk's Relief AssociaL:~.on. DOisVY;~iOdD AD~J~TTON d STP.EET. ~I~:1:NTEr1~N^R® Upon notion 19y tacht4r, sec~:~~ r<~ P.drycha a1Z members voting yes, it was RL~SOLVED that i:he Donn;~..so:;d Addit3.ca ~iz.ef:c be approved for snowplowing purpo3es. Upon ~otioa the meeting ad~ouxned at approximately 8:00 p~m. { December 3~J, 194 ~ ~ , -3-