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06/17/1975 - City Council Regular1~tNUTES OF A REGULAR ~TIhC OF TIC EAGAN CITY C®UNCIL BAGAN, MINNESOTA June 17, 1975 A regulai meeting of the Eagan City Council was held on June 17, 1975 st the Eagan City Hall at 6:30 p.m. All members were present including Rcbert Rcsene, Al;ce Bolke and Paul Hauge. M?NU~. eFter the P1A$ge of Allegiance, upon motion by Rahn, seconded Smith, p7.i members voting yes, it was RESOLVED that the minutes of the previous meeting he approved except on Page 7, the paragraph dealing with slurry coating should provide that "slurry coating shall be providEd as an option in the next Eagan seal coating project". LIABILITY IPISURANCE BIDS. Mr. Donald Sa? t, of the Arnold-I1x~rris Assoc. Ineur- ante Agency, Bruce Medvig of Valley View Insurance Agency and Jim Lynum appeared as potential bidders on behalf of their agencies through Home Insurance Cora:at:y of New York as a bid on the Eagan liability policy. Each requested a letter frown the City of Eagan authorizing him to submit a bid through Hoene Insurance a~a;~y. Upon motion by S~utth, seconded Rahn, all members voting in favor, it was RESOLVED that the Clerk be authorized to submit letters to Home Insurance Company on behalf of Arnold Barris Assce. and Valley View Insurance Agency requesting the right to submit a bid far Eagan liability coverage to Hoene Insurance Company. Mr. Lynam represents Have Insurance Company in the area so no letter is required for him. POLICE DEPARTMENT. Jay Berthe appeared on behalf of the Police Department. A petition aigncd by residents on Chapel Lane alleging discrimination by the Eagan dog catchers in harassing neighboring owners concerning dogs. It appeared that the dog catchers were attempting to do an adequate job throughout the city and upon motion by Polzin, seconded Wachter, all taeffbers voting yes, it was RESOLVED that the petition be received std that na other action be taken on the petition. FIRE RELF.EF ASSOCIATION. Al Fbrrocks an3 John Flood appeared is regard to an L amendment of the Relief Association By-laws to include provisions permitted under IIIthe 1975 Session Laws. There were no objections by the Council members to routine changes, but there were questiouew 00.w e..Lma increases in benefits. Upon motion by Smith, seconded Wachter, all members voting yes, it wa.. p°0nL17ED that the By- laws as submitted be approved by the Council. FIRE DEPARTMENT. Chief Bill Schultz appeared and requested that the City Council notify the Director of the Fort Snelling State Park that the park should cease and desist from permitting Kaplan Scrap Iron Co. or anyone else from dumping potentially combustible materials into any area of Fort Snelling State Park because of potential fire problems. He noted that there had been 4 fire calls between May 17th and June 6th, 1975 with 110 hours expended by firemen and costs for bulldozing to put out a fire. Wachter moved that the City Attorney prepare a letter directed to the Fort Snelling Park Director requesting that further dumping of combustible material be halted and in addition that the State of Minnesota be billed a reasonable hourly charge for fires that have taken place in the park dumping ground on Highway #13. Rydrych seconded the motion and all members voted in favor. Mr. Schultz recommended to the City Council that in the event of railroad fires in the future in the city that the railroads be billed on the basis of $150.00 per hour, which is the standard fee in other neighboring communities. REZONING AND CONDITIONAL USE PERMIT FOR CREW IDLE CHEMICAL DEPENDENCY, CENTER. The applications of John Hildebrandt and Commercial State Bank to rezone Lots 1, 2, and 3 Pilot Knob Heights 3rd Addition from R-3, Mixed residential to LB - Limited Business and for conditional use permit for the Crestridge Chemical Dependency Center, 1345 Crestridge Lane was next reviewed. The Clerk indicated III that she had received a telephone call from the attorney for Mr. Hildebrandt on June 17th, requested that the applications for rezoning and conditional use be dropped and no further action be taken on them. -2- BICE*JTENDTIAL ADDITIONd - 7~. #7..59. The Msvor ttieu cenivened the public hearing regarding Imp. ~~159, sewer, water, storm se-~aer and arrest i~:wements in Bicentennial Addition. The Engineex explained the proposed project. There were no objections but a representative of Surrey Heights Home Oa-ners Association Questioned the potential traffic problems regarding the loop street through Surrey Heights Addition. The Mayor then closed the hearing. Upon motion by Rahn, seconded Smith, all members voting yes, it was RESJLVED that the project be approved and that the Engineer be authorized to prepare plans and specifica- tions. 7dARRY RAY ADDITION - IY~IP. ~~161. The Mayor next convened the public hearing regarding Imp. 4161 relating to the sewer, water, storm sewer an3 street ise- provements to the Harry Ray Addition near Blackhawk Road and Deerwood Drive. Mr. Whittington and Mr. Ince were present and indicated that an agreement between Mr, Ray and themselves will be prepared and will be filed with the City, regarding assessments. There were questions from residents in the area but no objections. Upon motion by Wachter, seconded Smith, all members voting yes, it was RESOL4'ED that the project be approved and ordered in and that the Engineer be authorized to pxepare plans and specifications, but Chat the contract not be awarded until a copy of thz signed agreement between Mr. Whittington and Mr. Ray is submitted to the City. RIDGEVIEW ACRES - STREET II~DPROVEMENTS PROJECT X162. The Mayor then cauveued the public hearing regarding proposed street improvements under Project ~i62 in Ridgeview Acres. The Engineer reviewed the proposal and numerous affected property owners appeared. There were ao objections to the project except for improvements and assessments for Blackhawk Road upgrading. The Engineer indicate4 that if the vacant law lots can not be filled, there may be need to institute a storm sewer project to drain the lower areas to the East, otherwise the area woc±ld be drained to the Weat. A request concerning the signing of streets was referred -3r to the P.D. for review and recommendation. Tha Mayor then closed the haring. A. letter from Richard E. Klein, in favor of the project and a petition from 18 property owners of 31 lots was submitted in favor of the project. Polzin moved and Smith seconded a motion to approve the project and ordered it in and authorize the Engineer to prepare plans and specifications. All members voted yes. WIIDERNESS RtJN ROAD - PUBLiC DARING IMP. PROJECT ~~144. The next public hearing convened with the Mayor was that of s~reet improvements under Project #144 - Wilder- ness Run Road from Pilot I'.nob Road to the east line of Oak Chase Addition. The City Engineer explained the project and Mr. James Frisbee and Mr. Arnold Carlson expressed an indication that they were in favor of the project, Mr. Frisbee will waive notice of hearing concerning the lots on the East end of Oak Chase Addition. Mr. Carlson requested the right to bid on the excavation work. There were n~ objections to the project. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the project be approved and ordered in and that the Engineer be authorized to prepare plans and specifications with the underatandirg that Mr. Carlson be given an opportunity in consultation with the City Engineer to do the excavation work in order to reduce the total cost of the project.. t1TILITY DEPAR7~lENT BUSINESS. Bill Branch appeared on behalf of the Utility Department. 1. Smith waved and Rahn seconded a motion to authorize the Utility Departr~nt to snow plow the one existing sidewalk and the one proposed sidewalk with no decision regarding the snowplowing of future sidewalks in the City. 2. Mr. Branch submitted s roadwork resume' of time and cost of work on gravel roads in the city from April to June, 1975. 3. Mr. Branch reviewed competitive quotes from several bidders for a park depart- ment tractor with the low bid of $10,600. Upon motion by Wachter, seconded Rydrych all members voting yes, it was RESOLVED that the specifications for a park depart- went tractar as submitted by Mr. Branch be approved and that the Clerk be authorized -4- to advertise for bids for a tractor to be opened on July 11, 1975 at 3:00 p,m. at the City hall which payment will be made from park bond funds. PARK DEPARTMENT. Barbara Schmidt appeared, 1, Lindbergh-Pierce Architectural Contract. lvlrs. Schmidt submitted a proposed contract which was recommended for approval by the Park Department with Lindbergh- Pierce, Inc. for architectural services for Rahn Park shelter. Upon motion by Rahn, seconded Wachter, it was RESOLVED that the contract be approved and ordered executed, all members voting yes. 2. Urban Planning~,and Design Contract for design and e~,ineering services fcr the 1975 park improveaent contract. Upon motion by Rydrych, seconded ~Iachter, all members voting in favor, it was RESOLVED that the contract with Urban Planning and Design be approved with the understanding that Article IV be revised as sug- Bested so that fees are determined on a percentage basis only, 3. Tree Inspector. The tree inspector appeared and MrB, Schmidt recommended that mileage at the normal Eagan mileage rate of .12~ per mile a1loWance be granted to the tree inspector for use of his private auto for city purposes and further that admission fees for the Tree Disease School at the U of M be approved for the tree inspector. Upon motion by Rydrych, seconded Rahn, all members voting yes, it was RESOLVED that the foregoing be authorized. 4. Report of tree inspector, The tree inspector indicated that there were quite a few cases of Dutch elm disease and that a request through the Fire riarahall and the PCA to burn diseased trees at the Utility building site on Yankee Doodle Road had been requested. He further indicated that an automatic augex to treat diseased trees if necessary at an estimated cost of $235.00 is desirable. The funds will be acquired from the Park Department budget. 5. Oak Chase Addition - dedication. Mr. Frisbee appeared and with the City o. Attorney discussed the dedication of Lot 1, Block 1, Oak Chase 1st Addition to tte citq during 1975 to be included in t:~e 1975 park improvEment project. Mr. Frisbee -5- indicated that he will dedicate the parcel with the understanding that tha assess- ments on Lot 1, Block 1, including future Wilderness Rua street assessments be shifted to at least two other adjacent lots other than proposed park property to relieve payment of the assessments at the time of dedication. The City Attorney was requested to report with a recommendation at the next regular tweeting. ELIZABETH BASSETT PROPOSED HAt~ ICAPPED HOME. Mrs. Elizabeth Bassett, the owner of a 5 acre parcel in Section 31 West of Cedax Avenue at the Soutl•~~est corner of the city appeared and discussed with the Council a proposed handicapped home project on her site with 3 acres of buildable land currently zoned agricultural. The Land Use Plan provides for R-3 and Mrs, Bassett questioned whether sewer and water would be extended to the property and k-hether the Council would be receptive to granting necessary permits for a home for l6 handicapped adults in the area. Numerous neighboring residents appeared and objected to the proposal. After dis- cussion concerning the lack of sewage facilities in the area, Mrs, Bassett indicated that she may attempt to plat the property for 3 single family homes and a question arose as to whether under Chapter 60 of the 1975 Session Laws regarding zoning for handicapped homes in single family residential areas were then more than one home with a maximum of 6 handicapped persons in each would be permitted. No action was taken by tFie Council. GOLDEN HOURS DAY-CARE CENTER. Mrs. Golden as2:ed that her appearance be continued regarding the special use permit for the Golden Hours Day-care Center. VOL^ UNTEER FIREMAN'•S PENSION BILL - 1975. Upan motion by Smith, seconded Wachter, all members voting yea, it was RESOLVID that Chapter 43 of the 1975 Session Laws regarding Volunteer Firemen's Pension Benefits for the City of Eagan, be approved and the resolution be forwarded to the Secretary of State. FIDERAL REVENUE SHARING FU1~ID. After discussion, upon motion by Rahn, seconded Rydrych, ali members voting in favor, it was RESOLVID that the Entitlement VI Federal Revenue Sharing Funds of 1974 -75 in the sum of $89,959.00 be accepted and -6- be authorized to be used for the expansion of the Eagan City Hall. TRAILER REVEWAL PERMITS. The City Clerk submitted a list of 27 permits for trailers in the City and after review, upon motion by Polzin, seconded Rahn,all members voting yea, it was RE50LVED that permits for renewal be granted with the excegtion of permits for NIr, Wills, Mrs. Mohr and Mr. Hanson to be reviewed by the Building Inspector before final grant; further that PSr. Mueller be granted a permit to replace the permit formerly held by Raymond Bowar at 875 Wescott Road be permitted. RAHN SCHOGL ACCESS. A letter from Mr. Robert Bratland, the property super- visor for District ~~191, Burnsville, concerning Eagan's request relating to a pro- posed access from Rahn Road to the Rahn School site, was reviewed. No action was taken. MARICE DRIVE ROAD INLpROVI+;I~NTS. A petition from Highsite, Inc. for completion of a short portion of Marice Drive near the Highsite project East of Pilot Rnob Road was upon motion by Rahn, seconded Smith, accepted and referred to the Engineer for preparation of a feasibility report. All members voted yes. METROPOLITAN COUNCIL TRANSPORTATION PLAN. The Cfty Engineer reviewed briefly with the Council the proposed plan by the Metro Council for highways for the general vicinity. After review and upon motion by Smith, seconded Wachter, all members voting yea, it was P.ESOLVED ti~at the Council be on record indicating the plan appears to be generally acceptable and in conformance with the Eagan City plan and that a letter be sent to the Metro Council indicating that the City Council had no objections but that any comments from the APC shou'!d also be incorporated in the letter. ROBERT DRIER - 4165 BLACIO•IAWK ROAD - RETAINING WALL. Mr. Drier appeared and indicated that the retaining wall on the city right-of-way on Blackhawlc Road adjacent to his property is in need of repair snd requested the city should repair at its cost because it is within the right-of-way. There was discussion concerning O~- alternates or rebuilding the stone wall again,t the possibility of reslopiag a part or all of the area in that immediate vicinity. The City Engineer was requested to review and report to the Council. CHANGE ORDERS. The following change orders were submitted: 1. Erickson Brothers - Change Order ~1, revised, Woodgate T'aird Addition, Project ~~147. 2. Change Order #2 to Project X139 including improvements at the Eagan Pet Pet Clinic for $990.00 and concrete steps at Shattuck's Dairy Milk Store for $1,282,50, 3. Change Order ~1 to Project X137, part 1, for sanitary sewer to the Heine property on County Road ~~30 - $4,450.00. Part 2 - drainage repair oa County Road x`30 near Johnny Cake Ridge Road at Mallard Park for $4,087.44. Upon motion by Smith, seconded Rydrych, all members voting in favor, it was RESOLVED that the foregoing changes be approved wihh the understanding that the cost for Part 2 to Change Order ~1 of Project X137 be charged agaiast the ar.~ners of the Mallard Park area to be included in future storm sewer assessments for the reason that the cost arose because of erosion due to lack of reseeding after excavating. ORDINANCE CHANGE REGARDIPdG SEEDING. The City Attorney was requested to prepare an amendment to the Subdivision Ordinance requiring seeding of the property in newly developed areas after co~letion of excavation to avoid erosion problems. S7CGN PERMIT APPLICATIONS. The following sign permit applications were submitted; 1. Sign permit for Vogi's Restaurant on the building on Highway #13. Upon motion by Smith, seconded ~~Iachter, all members voting yes, the application was approved. 2. Holmes Quarter Horse sign on Pilot Knob Road -double faced. Upon motion by Rydrych, seconded Wachter, all members voting yes, it was RESOLVED that the application be approved. 3, E. L. Murphy Contracting - 2 metal signs on building at 3303 Terminal Drivc, one on front side and one on East side. Upon motion by Wachter, seconded Smith, -8- all members voting yea, it was RESOLVED that the application be approved. 4. Borchert-Ingersol sign on frdnt of building. Upon motion by Polzin, seconded Rydrych, all members voting in favor, it was RESOLVED that the applica- tion be approved. 5. Shannon-on-the-Green, 3' x 12' sign on Highway X13, 1,000 feet East of Cedar Av~,nue on the North side. It was rioted that there was an additional 3'x sign on the Barton property and both signs would be located on the Barton property, There was discussion concerning a proposed future need by the Barton developers for on-site signs on their property for the future shopping center and it was requested that the building inspector discuss the issue with the Barton developers to determine whether they would desire to preclude future signs on their property. BEAU d' RUE IM.PROVEMENT5. A letter of commendation for efficient work done by the Engineer for design and construction of Beau d'Rue Drive street improve- ments in 1974 was from Lesley J. Reneer, a property owner on Beau d'Rue Drive was read to the Council. UNEMPLOYMENT COMPENSATION CLAIM, A claim for unemployment canpensation by Gregory Franzen, a former City employee has been filed with the Unemployment Compensation Division according to the Clerk, An answer to the claim will be submitted to the Division.. GOPHER-EAGAN PRELIMINARY PLAT. A letter from the Attorney for Gopher-Smelting Co. concerning approval of the industrial plat, East of Hightaay ~+9 was next reviewed. Mrs. Bea $lomquist was present and was requested by the Council to arrange for a letter from the MPCA and Eagan explaining the reason for the delay of approval in the plat. There is potential danger due to high lead content in the soil and the Council suggested that the developer should be requested to cooperate to avoid future problems by owners and developers in the area. ~' „ PROTECT ,1164 - DODD ROAD SEWER & WATER Il~2PROVEMCNTS. The City At€er~sy submitted a preliminary report concerning proposed improvements for Project X164 -9- in the general area of Dodd Road which have been requested by property corners in Saddlehorn Addition. After discussion, upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the report be accepted and that the Clerk be authorized to advertise for a public hearing which will be scheduled on July 15, 1975 at 7:00 p,m. TEMPORARY EMPLOYEE HIR71`dG POLICY. There was discussion concerning potential abuse in hiring temporary employees on a non-competitive basis who are relatives of employees, appointed officials and elected officials. After discussion, upon motion by Rydrych, seconded Smith, all members voting in favor, it was P.ESOLVED that the Council policy for the future he that temporary employees hired on a non-competitive basis not be relatives of any employee, appointed official or elected official. MISCELLANEOUS RESOLUTIONS. The City Attorney submitted two resolutions as follows; 1, Martin Shields park dedication resolution. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the resolution be approved. 2. Project X1].4 - Lexington Avenue street improvements, A resolution was submitted regarding approval of plans and specifications for Imp. X114 which had been prepared by Dakota County and which was required for the 1975 Utility Bond transcript. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that it be approved. PAYMENT OF BILLS. Upon motion by Smith, seconded Rydrych, all members voting in favor, it was RESOLVID that the bills according to the following schedule be ordered paid: X375 - #381; X1437 - #1493; X2118 - $22.16. The meeting adjourned at ,12:35 a.m. after motion made and seconded. Z JJ ~ ~~ ~ !" ~ ~ lO-