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APPROVED
MINUTES
COUNCIL MEETING
REGULAR
JULY 15, 1974
The meeting was called to order by the Mayor at 7:30 P.M.
Present: Mayor Daily, trustees Akin, Graphenteen, Kuchera, McElmury
Also Present: Administrator Ford, Attorney Gorgos, Engineer Blaisdell
The Mayor opened the public hearing at 7:30 P.M. concerning the vacation of certain
public lands now dedicated as portions of Linden Street and of 7th Street. There
being no objections from the audience, Motion by Graphenteen, second by Kuchera
to adopt resolution #64-74 vacating certa ni portions of Linden and 7th Sts. , the
Attorney to prepare the resolution and file with the County Auditor. APIF, motion
carried.
The council earlier had instructed the Administrator to review the 1974 budget and
to suggest wherein the council may find temporary funding for the HRA to be used
for purposes of Phase I and Phase II planning. After some discussion the council
passed the following resolution. Motion by Kuchera, second by Daily to approve
the temporary transfer of $7500 presently allocated in the budget for parkland
acquisition on a temporary transfer to the HRA fund, contingent upon the Administrator
meeting with the Park and Recreation Commission to seek their concurrence. APIF,
Motion carried.
The council took under advisement the informal feasibility presented by the Engineer
to furnish sewer to Ken Hanson and neighbors on 190th Street. The sewer proposal
by the Engineer would include the incorporation of the Stegmaier private 8" line
into the municipal system and continue up along Co. Rd 31 to a point immediately
south of Hansons driveway. It was the consensus of both the council and interested
parties in the audience that this improvement should be pursued further. The council
then instructed the staff to make additional studies as to how the $47,000 cost might
be assessed within the framework of existing public improvement assessment policy.
The City Attorney informed the council that in the matter of the Feely and Nelson
condemnation that new dates had been set for trial in October. He further informed
the council that in the case of the Neilan condemnation matter the Judge had ruled
in favor of the city's motion for a new trial but no date had been set.
The City Attorney was instructed to file with the County Auditor, the City's sub-
division ordinance.
The council devoted approximately the next 12 hours to a full fledged discussion as
to how the existing assessment policy might be applied to .or be deviated from in
the case of the 1974 improvement schedules with special emphasis to the Downtown
project. Members of the audience took part in this discussion in which several
tentative approaches were tested, explored and discussed. Out of this lengthy
discussion the following instructions were given to the staff by the council:
a. All storm sewer, sanitary sewer, liting, pedestrian walkways, plantings,
benches and other items included within the contract would be charged
within the total cost of the project, reaffirming the earlier decision
not to pay any cost thereof out of ad valorem.
b. All sewer and water connections installed to service parcels not previously
serviced will be assessed directly to the parcel on an individual basis and
will be deducted when computing the total cost of the job to be spread back
over.
c. The paving, the sidewalk, the curb and gutter, the liting and all other items
which go into the total cost of the project are to be assessed on an abutting
front footage basis.
d. The staff shall prepare three model assessment rolls which will contemplate
three different methods for handling assessments for corner parcels:
1. The amount to be assessed to a corner lot will be 500 of the sum of
the long and the short side and the total credits deriving therefrom
spread back over the total lineal footage of the project.
2. The amount to be assessed to a corner lot will consist of 1000 of the
short side plus 25% of the long side with the balance to be spread
over the total leneal footage of the project.
3. The amount to be assessed to a corner lot will be the total costs of
the project devided by the number of parcel (one assessment only) that
abut on any portion of the project.
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The matter of municipal utility franchise ordinances was put over to the next
council meeting.
Motion by Akin, second by Daily that the city agree to incorporate within the
municipal sewer system the now private line installed by Stegmaier (811) and
take over the maintenance of same contingent upon the following: (a) That Mr.
Stegmaier grant the necessary 40 ft. easement, (b) that a manhole for clean-
ing purposes be installed at the midway point at no cost to the City, (c)
that a normal LEC be assessed at the point of pipe size reduction. APIF,
motion carried.
Motion by McElmury, second by Kuchera that a public hearing be scheduled to
coni er the proposed assessments for project 70-11, land acquisition along
CSAH 31, for 7:30 P.M. , August 19, 1974, with the Attorney to furnish the
administrative office the notice to be mailed and the publication to be
placed. APIF, motion carried. Resolution #R65-74.
Motion by McElmury, second by Daily to approve retroactively the payment of
Estimate #4 to Orfei, Inc. , under contract 1973-1(A) in the amount of
$70, 693.08. APIF, motion carried.
Motion by Kuchera, second by Daily to adopt resolution #R66-74 approving the
plans and specifications of the Minnesota Highway Department for the Improve-
ment of Trunk Highway 3. APIF, motion carried.
Motion by Kuchera, second by Daily to adopt resolution R67-74 approving the
plans and specifications of the Dakota County Highway Department for the
surfacing of CSAR 31. APIF, motion carried
Motion by Daily, second by Graphenteen to adopt resolution R68-74, rectifying
tie a-&ninistrative error of omission of board of canvasers findings of election.
APIF, motion carried.
The Engineer reported to the council that contract 1973-2, Layne-Minnesota,
had still not been completed, not withstanding the correspondence which the
Engineer had had with the firm and the 48 hour letter which the Administrator had
sent. The council instructed the Engineer to immediately take steps to ter-
minate the contract and to complete it to his satisfaction in whatever way he
saw fit.
The council took under advisement the request of school Superintendent Robert
Boeckman to acquire surplus light standard from the City and requested the
Administrator to confer with General Services Department and Park and Recreation
Department.
The Engineer informed the council that on Thursday Morning, July 18, 1974, a
pressure test would be conducted on the Water lines in the Downtown area in
conjunction with the Water Board prior to surfacing.
The council conferred with the City Attorney regarding the deficiencies of the
sewer and water ordinances in requiring people to connect to the municipal
system.
The council conferred with the City Attorney regarding the deficiency in the
city ordinance prohibiting the subdividing of land and penalties attendant
thereto after the fact.
The Engineer reported to the council that the ditch constructed by the School
Board adjacent to and parallel with the south side of Spruce Street would be
moved southward so that no portion of the ditch would be with the right of way.
He also informed the council that he had consulted with the County Highway De-
partment and the cross culvert at Spruce and #31 would be placed low enough to
coordinate with the school and to handle their drainage and ponding area.
The Mayor informed the council that a meeting was scheduled for the next day
in the Lakeville Council Chambers among several communities to discuss the
establishment of a CATV joint commission.
The council was informed that the Administrator intended to go to the Public
Hearing at the Metropolitan Council Chambers on Thursday in which the new
Framework Development Guide implementation was to be discussed. The council
authorized the Administrator to have City Planner Charles Tooker accompany
him.
47-,
Minutes of July 15, 1974 cont.
The council was informed by the Engineer that certain portions of the patching
and repair to the streets in Hill-Dee had failed. The Engineer assured the
council that the contractor would be required to immediately repair the
deficiencies ahead of seal coating for which bids are being taken.
The council instructed the Administrator to put on the agenda of the next regular
meeting the forthcoming study and feasibility report concerning pumping and ponding
area at the Townsedge shopping center.
Motion by Daily, second by Akin that the administrator be authorized and directed
to contract with Hilite Electric the emergency repair of the public street liting
on Elm Street between 2nd and 4th Streets in the amount of $4800 to be paid for
out of General Services capital outlay. APIF, motion carried.
Motion by Akin, second by Daily authorizing the City Administrator to donate, on
bielialT of the City, the ancient and original books of ordinances of the City to
be refurbished and safeguared as historical documents, having no legal force and
effect since codification of the ordinances. APIF, motion carried.
Motion by Graphenteen, second by Daily to approve the payment of estimate #1 to
Fischer Construction under contract #1974-2 in the amount of $93,490.62. APIF,
motion carried.
Motion by Graphenteen, second by Daily to approve the payment of estimate #1,
1974 Improvements to D.S. Blaisdell and Assoc. , in the amount of $16,588.09.
APIF, motion carried.
Motion by Daily, second by Graphenteen that the bills be approved for payment as
presented. APIF, motion carried.
Motion made and carried to adjourn at 10:50 P.M.
Respectfully submitted,
William J. Ford
City Administrator
WJF/kg
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