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06/15/1976 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL III EAGAN, MINNESOTA June 15, 1976 A regular meeting of the Eagan City Council was held on June 15, 1976 at 6'30 P.P. at the City Hall. All members were present except Rahn. Also present were Bolke, Rosene and Hauge. MINUTES. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the minutes of the May 27, 1976 meeting and June 1, 1976 meeting of the Council be approved with the following exceptions: 1. One page 4 relating to the motion regarding the Daniel Fendrick application the words ".. . and that commitments had been made by the Council and Developers that the lots would not be subdivided at the time of platting and sale to the owners..." be stricken. 2. One page 6, the application of Associated Families - Blackhawk Hills 2nd IIIAddition for preliminary plat approval, add that approval was conditioned upvn recommendation of the Advisory Park Committee and final approval by the Council concerning park dedication. 3. On page 7, Project #181 that bids be opened on Friday, July 2nd, 1976 at the City Hall. GROUP LIABILITY INSURANCE. Bruce Medvec of Valley View, Inc. , the insurance agent for the city for liability policies, appeared and gave a review for 1975-76 loss information to June 15, 1976. He reviewed the workmen's compensation, auto insurance and police liability claims. No action was taken. POLICE DEPARTMENT. Martin DesLauriers appeared. 1. Chief DesLauriers requested a resolution appointing the Police Chief as the recipient for Minnesota Police Training Funds. Upon motion by Polzin, seconded Wachter, all members voting yes, it was RESOLVED to approve such resolution. 2. Chief DesLauriers indicated Curt Roe had resigned from the CETA program and Air. DesLauriers recommended hiring a combined cadet and fill-in dispatcher from -2- ' - 6-15-76 City funds. It was noted that no definite decision concerning CETA funds is •IIIexpected until about October, 1976. Upon motion by Smith, seconded Wachter, it was RESOLVED to hold the proposed position open until a determination is made as to whether CETA funds will be available in the Fall of 1976. All voted in favor except Polzin who voted no. 3. Man-Power Service Agreement. The Chief indicated that Bill White is entitled to a 25 cent per hour increase under the CETA program. Upon motion by Polzin, seconded Smith, all members voting yea, it was RESOLVED to grant the increase 4. Harrington Property. A letter from the Cedarvale Medical Clinic concerning the Minnesota Humane Society recommendation relating to health aspects on the Harrington property, South of Cliff Road was read and the Chief indicated that the carcasses that had presented a potential health problem had now been removed. PFIREDEPARTMENT. BillSchultzwaspresent. III The Fire Chief submitted a DNR Cooperative i.. R C operative Fire Protection Agreement w.I...< the City of Eagan proposed to cover fires primarily on DNR property within the city. A letter from the City Atty. was also reviewed indicating that wild fires within the agreement appeared to be those that exist anywhere in the City and assistance from DNR will be given when equipment is available. Upon recommendation of the Fire Chief. upon motion by Wachter, seconded Rydrych, all members voting yes, it was RESOLVED that the DNR Cooperative Fire Agreement be approved with the recommended changes suggested by the City Atty. BOARD OF REVIEW. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the minutes of the Board of Review meeting of May 27, 1976 be and they hereby are approved. UTILITY DEPARTMENT. Bill Branch gave the report. 1. Mr. Branch indicated that the well that was broken down on Saturday, June 5th had now been repaired and is pumping and that watering is controlled on an odd-even day basis. -2- 6-15-76 111 2. Federally Funded Street Sign Program. An agreement with the Minnesota Highway Department Safety Program to upgrade signing on the streets in the cities was submitted by the City Engineer who indicated that about 90% of $3,000 for signing purposes will be acquired from the Federal Government under the program and in addition $1500 of federal funds toward installation costs. The total direct cost to the City of Eagan will be $821. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED to enter into the agreement to participate in the federally funded street sign program with the Minnesota Highway Department and to execute the agreement and submit it to the Minnesota Highway Department. PARK COMMITTEE REPORT. Barbara Schmidt appeared. 1. The list of summer employees for summer park programs was submitted and upon motion by Wachter, seconded Smith, all members voting yes, it was approved. 2. Kathy Beck of the Park Committee appeared and recommended the purchase and installation of wood play equipment for the Blackhawk Park play area. She indicated the ad=o enlisttlneighborhood support in the selection of the equipment. n 13 wit6006.0weeems. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the sum of $3228 be authorized for the purchase of the play equipment as recommended by the Park Committee which had solicited bids on various types of equipment. WILDERNESS RUN 6th ADDITION PARK DEDICATION. Barbara Schmidt asked for directier from the Council for the Park Committee to proceed to negotiate for additional park land in the Wilderness Run 6th Addition and the Council authorized Mrs. Schmidt to continue negotiation and report back to the Council. ASSESSMENT HEARING FOR WATERMAIN OVERSIZING - PROJECT #179. The Mayor convened the assessment hearing for watermain oversizing under the third phase of Project #179 covering parts of Section 16, 17, 18, 19, 20, 21, 28, 29, 30, 31 and 32. -3- 6-15-76 III The City Engineer explained the proposal in detail indicating that the rates to be charged were 1975 watermain oversizing rates and indicated that in the event that a property owner had adequate reason to be eliminated from the assessment roll he could write a letter to the Assessment Review Committee stating the reasons and requesting elimination. There was a large number of affected property owners present some objecting to the project. Others asked if they could pay lateral assessments at the present time to avoid the proposed increases in the future. There were questions from the audience and the hearing was closed with no action taken at 8:30 P.M. PREPAY?ENT FOR WATER LATERAL ASSESSMENTS. The Council discussed a proposed plan for permitting property owners to pay lateral assessments prior to actual connection. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED III to permit property owners to pay for lateral assessments from water trunks prior to August 1, 1976 utilizing 1975 rates provided a waiver of hearing is signed by the property owners; further RESOLVED that property owners in the City of Eagan could prepay lateral benefits from sanitary sewer or water trunks at any time at the prevailing rate that even though the property owner does not desire to hookup at that time provided however that the water or sewer main is directly accessible for lateral purposes at the time of the assessment; further that such assessment can be 1 levied in the form of the special assessment or prepaid in cash. PROJECT #182 - STORM SEWER, HIGHWAY #49 & #55. The City Engineer indicated that he had contacted the Minnesota Highway Department concerning contribution toward the storm sewer Project #182 improvements and indicated that no reply had been re- ceived from the MHD. Verbal indications from DNR indicated that there were no basic problems with pumping water into Burrview Lake. Several affected property owners IIIwere present and requested that they he notified at such time as the report was brought back to the Council and decision by the Council was made concerning the project. The Clerk was instructed to place the matter on the agenda for the second regular meeting of the Council's in August, 1976. -4- M 6-15-76 ill TEMPORARY BEER LICENSES, 1. Anthony Daub, Allar Motors Softball, Univac field 6-26 and 6-27-76. 2. Donald Klober, Eagan 4th of July Assn. , 7-2, 7-3 and 7-4-76. Upon motion by Poizin, seconded Smith, all members voting in favor, subject however to the provision that in no event will the Council grant temporary beer permits in the event that beer drinking contests are scheduled or held. All members voted yes. PROJECT #171 - DEEP WELL NO. 4. The final pay estimate for Project #171 - Deep Well No. 4 with Bergerson, Caswell, Inc. in the amount of $22,322 was submitted and recommended for approval by the City Engineer. Upon motion by Polz3n, cccondsd Smith, it was RESOLVED to approve the payment for the final estimate. All members voted yes. WILDERNESS RUN 1st & 3rd PARK DEDICATION. Arnold Carlson appeared and requested an extension of time for 60 days with the submission of a promissory note with IIIsecurity if necessary for payment of park dedication for Wilderness Run 1st and 3rd Additions. After extended discussion, upon motion by Wachter, seconded Rydrych, all members voting yes, it was RESOLVED to extend the period for an additional 60 days from the date of expiration of the previous 60 day note upon submission and approval of the proper promissory note at 8% with the understanding that no further extension will be granted beyond that period. CUES MAR 1ST ADDITION FINAL PLAT. It was noted that the documents concerning dedication of various parcels in Ches Mar 1st Addition including streets have now been received by the city and now are ready for recording; the Council read the report from the Building Inspector dated June 9th concerning the excavation work in the subdivision. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the final plat of Ches Mar 1st Addition be approved IIIand that the deeds to the property be accepted by the Council and ordered to be recorded. -5- 6-15-76 WILDERNESS RUN HOME OWNERS ASSOCIATION PRESENTATION. Members of the Wilderness Run Home Owners Association appeared and had questions concerning improvements in the Wilderness Run area generally including Wilderness Run Road. No specific action was taken including the proposed assessments for Wilderness Run Road improvements. It was noted that the developer of the property had posted letters of credit to guarantee payment of the improvements for Wilderness Run Road. No action was taken. 1976 SEAL COAT PROJECT. The City Engineer submitted plans for the 1976 Seal Coat project and recommended advertising for bids to be accepted at 3:00 P.M. on Friday, July 2, 1976 at the City Hall. Upon motion by Poizin, seconded Wachter, all members voting in favor, it was RESOLVED that the plans be approved and that the Clerk be authorized to advertise for bids as provided above. 1976 REFUNDING BOND ISSUE. The City Atty. submitted a proposed Indemnification Agreement which has now been signed by itt National Bank of St. Paul, Dain, Kalman IIIand Quail and Piper, Jaffrey and Hopwood as recommended by the City Atty. and City Accountant, Roger Katzenmeier and upon motion by Smith, seconded Poizin, all members voting yea, it was RESOLVED that the Indemnification Agreements be approved and ordered signed and that all other appropriate documents be authorized for approval and execution. JOHNNY CAKE RIDGE ROAD IMPROVEMENT PROJECT #142. An agreement with the Minn. Highway Department to authorize allocation of state aid funds from 1980 through 1989 regarding improvements for Johnny Cake Ridge Road was upon motion by Poizin, seconded Smith, all members voting in favor, approved with the understanding that the road is actually installed. USGS LAKE WATER QUALITY SAMPLING PROGRAM. The City Engineer submitted a proposed continued agreement with the U.S. Geological Service for the Lake Water IIIQuality Sampling Program that had been carried on for a number of years in the City of Eagan covering 17 lakes. The proposal was for three additional samplings from -6- 6-15-76 IIIJuly through September, 1976 at a total cost to the City of Eagan at 50% of $4,080. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED to approve the agreement with the understanding that in 1977 the project will be re- analyzed. CEDAR INDUSTRIAL PARK STORM SEWER IMPR0VEMENT - PROJECT #174. Bob Rosene reviewed his letter to the Council concerning the improvements and„ the request from the MWCC for plans and profiles for their property at an estimated cost of $800. No action was taken as it appeared the MWCC was unwilling to pay for the cost of the plans and profiles in the event that they do not approve the installation of the project. SIBLEY TERMINAL INDUSTRIAL PARK PROJECT #168. The City Engineer indicated that the DNR will not permit the discharge of storm water into the DNR Fort Snelling Park area directly and recommended the acquisition of the Alexander Gravel Pit Pond North of the railroad right-of-way. It was noted that a contact with the property owners indicated that they were not willing to grant an easement to the property and the City Engineer recommended that an appraisal be made by the City for the proposed acquisition of the parcel of 5 to 7 acres. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that an appraiser be hired to appraise the parcel and report back to the City. The plans and specifications for the Sibley Terminal Industrial Park project were submitted by the City Eng. and an open ditch as opposed to a covered storm pipe was reviewed by the Council. Wachter moved, Rydrych seconded, all members voted yes to accept the plans and proceed to order in the improvement covering the first phase of. the project with the understanding that the project will provide for a covered storm sewer pipe rather than open ditch. IIIENERGY COMMITTEE REPORT. A report from the Energy Committee recommending the City Council formally contact the Minnesota Public Service Commission as follows: -7- 6-15-76 1. That the City Council formally protest to the Minnesota Public Service lit Commission regarding the action taken by the MPSC granting temporary curtailment of any new residential hookups to People's Natural Gas Co. in the City of Eagan. 2. To request that the MPSC review whether they have allocation power for the distribution of natural gas within the state. 3. That the MPSC be requested to intervene in the FPC proceeding requesting a grant of. the Northern Natural Gas Company application for an LNG facility in Hancock County, Iowa. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the recommendations of the Energy Committee be accepted and that City Council be directed to implement the recommendations. PILOT KNOB HEIGHTS 4TH ADDITION DEVELOPMENT CONTRACT. The City Atty. submitted the development contract of Pilot Knob Heights 4th Addition and indicated that all deeds and easements for parks and trails in the Pilot Knob Heights planned development IIIarea have now been received by the City. Upon motion by Wachter, seconded Poizin, all members voting yea, it was RESOLVED to accept the dedication of the park land and trails and that the development contract be approved and ordered executed. REID IMPROVEMENT REQUESTS. The City Clerk submitted a letter from Bill Reid covering three residential parcels West of Pilot Knob Road near Fish Lake requesting that a feasibility study for utility improvements be prepared by the City. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the request be referred to the City Eng. for report back to the Council. BILLS. Upon motion by Poizin, seconded Wachter, all members voting yea, it was RESOLVED that the bills as presented by the City Clerk to the Council be approved add ordered paid as follows: #4327 through #4504; $156 through #162; #2720 through #2913. OLD TOWN HALL. The Council requested that the City Clerk place on the next IIIregular City Council meeting agenda a request from any interested persons for removal of the Old Town Hall for construction of the new police facility. -B- c 6-15-76 III WATER EMERGENCY RESOLUTION. A resolution was submitted by the City Atty. (1 covering emergency powers given to the Utility Supervisor dated Amen, 1976 granting the Public Works Superintendent authority to impose emergency regulations concerning the use of water in the city and upon motion by Poizin, seconded Smith, it was RESOLVED to ratify the resolution of June15, 1976. All members voted yea. FOND FUND TRANSFERS. A proposed resolution submitted by Paul Hauge authorizing the transfer of $359,757.33 from the 1-1973 sewer, water, storm sewer and street construction fund to the 2-1976 sewer, water, storm sewer and street construction fund and the transfer of $30,345.92 from the 1-1974 sewer, water,. storm sewer and street construction fund to the 2-1976 sewer, water, storm sewer and street construction fund was upon motion by Smith, seconded Wachter, all members voting in favor, approved. ADJOURNMENT. Upon motion, the meeting adjourned at 12:10 P.M. DATED: G /f / ` 7 C �� tge 63'244— -4— -9- E'.~,i.CT OF MINUTES OF MEETLVG OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, flIllll~JESOTA HELD ON JUNE 15 19 76 Pursuant to due call and notice thereof, a regular meting of the City Council, of the City of Eagan, Dakota County, N~innesnta was duly held at the City Hall in said municipality on the 15 day of June , 19 7g at 7 o T clock p.M. The following members were present: Mayor Polzin, Councilmen Wachter, r Rydrych and Smith aid the following were absent: Councilman Rahn Th® C7.erk preapnted an affidavit showing publication of Notice of Hearing on the prapo~ad assesments for Imp. Project ~~179 - Consolidated Citywide water area assessments - Phase 3 iii the offioia,7. ne~,rspaper in e.eccrdanac -with a resolution herwtoiore adop°Ged by the Ci-~y Council, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor anrounoed that the m©etirg wa.a cpvn Pox tha con~idexat~,~d~ of objections, if any, to said proposed assessments. All persons were tl~sn gawex~~an.•mpportunity to present oral objections, and all written objedtion4 theretofore filed with the Clerh T-ere p_tesented and considered, ~n NAPS PROFERTY NAT'JFE OE Ofi.7ECTI0N No action was taken at this time. -1-