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12/06/1977 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 6, 1977 A regular meeting of the Eagan City Council was held on December 6, 1977 at 6;30 p.m. at the City Hall. Those present were Mayor Polzin, Members Rahn, Smith, Wachter and Rydrych. Also present were City Clerk Bolke, City Administrator Hedges, City Engineer Rosene and City Attorney Hauge. MINUTES. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the minutes of the Council meetings of November 10 and 15, 1977 are approved as distributed. ROBERT ROSENE RECOGNITION. Mayor Polzin announced that City Engineer Rosene had received several awards, including the WCCO Good Neighbor Award and the Boy Scouts Silver Beaver Award, recently, The Administrator was requested to prepare a proper recognition on behalf of the City Council commending Bob Rosene for the awards that he has received. PUBLIC WORKS DEPARTMENT. Bill Branch was present. 1. Maintenance Tractor. Mr. Branch requested authorization to advertise for one maintenance tractor to replace the 1961 tractor with an estimated coat of $17,000. In addition he asked for authorization to purchase a dump box and plow for the 32,000 G.V.W. truck recently purchased by the City with an estimated cost of $15,000. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the Clerk be authorized to advertise for bids to be opened on January 11, 1978 at 2 p.m. at the City Hall. 2. CETA Employee. Mr. Branch further recommended that John Rothenberger be approved as a CETA employee in the street department to work on the surface drain- age project. Upon motion by Rahn, seconded Smith, all members voting yea, it was RESOLVED that Mr. Rothenberger be authorized to be hired as a CETA employee as recommended by the Public Works Director to begin work immediately. -1- 12-6-77 3. Wilderness Run 6th Addition Snow Plowing. Mr. Robert Tilsen, the developer of Wilderness Run 6th Addition, requested snow plowing on Balsam Trail and part of Dunroven, North Malmo Lane, and North Nybro Lane in the 6th Addition. It was noted the first layer of blacktop had been installed. Polzin moved and Rahn seconded a motion that Eagan would take over the snow plowing as requested upon the condition that the developer submit an indemnity agreement to the City of Eagan that in the event there is damage to the Eagan equipment, that the developer will be responsible. SNOW PLOWING ON CITY AND COUNTY ROADS. A meeting of the Public Works Committee was held on November 25 concerning snow plowing for city and county roads and recommended a resolution requesting that Dakota County take the necessary effort to improve maintenance of county roads within Eagan after adverse weather conditions. Upon motion by Wachter, seconded Polzin, all members voting in favor, it was RESOLVED that the resolution be approved and ordered forwarded to the Dakota County Board of Commissioners. PARK COMMITTEE. Barbara Schmidt was present. 1. Warmin&House Attendants. Mrs. Schmidt submitted a list of recommended persons for warming house attendants for the 1977-1978 season. Rahn moved and Wachter seconded a motion that the recommendations be approved, All members voted yes, 2. John Weber. Mrs. Schmidt and Mr. Branch recommended that John Weber be re-activated as a CETA Park-Department maintenance employee. Wachter moved and Rahn seconded a motion with all members voting yea to reinstate Mr. Weber, 3. Dakota County Trail Program. It was noted that on December 7 there will be a meeting of the Dakota County Board of Commissioners regarding a proposed Dakota County bikeway trail plan. Barbara Schmidt reviewed the plan and indicated that the Advisory Park Committee endorsed the concept. Wachter moved and Rydrych -2- 12-6-77 seconded a motion to endorse the proposed Dakota County trail system and that the financial contribution by the City be reviewed at the time of the proposed construc- tion. All members voted yes. EASTER LUTHERAN CHURCH AND LARRY ERDOS ASSESSMENT HEARING. The Mayor convened the assessment hearing concerning sanitary sewer laterals for Easter Lutheran Church and the Larry Erdos property on Pilot Knob Road. The Assessment Committee recommended there be no additional assessments on either property for sanitary sewer in that the developer of the adjoining subdivision paid for the installation of sanitary sewer laterals in Easter Lane. It was also noted that Mr. Erdos had connected his service line to the Easter Lutheran Church line, which is not standard policy. Polzin moved and Wachter seconded a motion to accept the recommendation of the Assessment Committee and that no sanitary sewer lateral assessments be levied against either parcel with the understanding that the procedure is not standard policy, and also that the City will not be responsible where two parties are connected to the same service line. IMPROVEMENT PROJECT #122 - BLACKHAWK ROAD. The Mayor then convened the public hearing regarding proposed sanitary sewer laterals in the Blackhawk Road area covering 11 parcels of property. Councilman Rahn vacated his chair and took no part in the hearing. Keith Gordon explained the project to the Council and those present. A number of affected residents were present. Five property owners appeared to be in favor of the project, and about four opposed the project covering 10 residents and 13 parcels. It was noted there were some problems with septic tanks in the area. Some owners were unsure whether they would favor the project. Polzin moved and Smith seconded a motion to continue the hearing until the next regular meeting on December 20. All members voted yes. PROJECT #218. The next public hearing that was convened concerned sanitary sewer and water services to South Delaware Hills Addition under Project #218. It -3- 12-6-77 was noted that there was still a question concerning the acquisition of active park land in the area,and Polzin moved and Rahn seconded a motion to continue the hearing until January 17, 1978. All members voted yes. ANIMAL WARDEN AND DOG POUND. The Council discussed the decision regarding the hiring of Robin Clarey to replace Carey Larsen on a six-month interim basis as the Auimal Warden. Mr. Hedges indicated that Mr. and Mrs. Robert Winter had purchased the Sue Goss property and recommended that the Winters be engaged to operate the City dog pound on an interim trial basis. Upon motion by Smith, seconded Rahn, all members voting in favor, the recommendation of the City Administrator was imple- mented with the understanding that there would be a $3 reimbursement to the dog pound operator for each dog and that the City would pay the fuel oil for the dog pound. PARR TRANSIT - MTC. Gail Kincannon, the Eagan area representative on the MTC, and two staff persons were present from the MTC concerning a proposed pars transit circulation system for four communities including Eagan. The proposal would make the system municipally owned, and each city would have a staff person initially to investiga,te the proposal. Ms. Kincannon indicated that MN/DOT has funding avail- able possibly on a 90-10 basis for all costs. A proposed layout for the vans and small vehicle transit was shown to the Council, and it was intended strictly as a demonstration project. Smith moved and Rahn seconded a motion to authorize the City to participate in the study and that City Administrator Hedges or a representative selected by him be authorized to be the City's liaison person in the study of the G g' para-transit system. All members voted yea. a=ir R.E.S. ItVESTMENT - WAIVER OF PLAT. The application of R.E.S. Investment Company for waiver of plat covering part of Lot 2, Robert O'Neil) Homestead was upon motion by Polzin, seconded Smith, continued until the next regular meeting for lack of appearance by the applicant. -4- 12-6-77 OAK CHASE ADDITION - WAIVER OF PLAT. The application. of Timberline Corporation for waiver of plat for Lots 1 and 2, Block 2, Oak Chase Addition, and Lots 5 and 6, Block 7, Oak Chase 1st Addition was next reviewed. It was noted that a portion of each of these lots will be dedicated to the City for park purposes. The APC recom- mended approval. Upon motion by Smith, seconded Rydrych, all members voting yes, it was RESOLVED that the application for waiver of plat for the above lots be approved subject, however, to completion of the dedication of the lots of all of the Northerly tier lots to the City by the end of 1977. LETENDRE ADDITIOP WAIVER OF PLAT. Mr. Gene Gullord appeared on behalf of his application for waiver of plat to split Lot 12, Block 1, LeTendre Addition. It was noted that the lot abuts on two streets,and assessments on one street had been deferred until the split of the lots in that vicinity. The APC recommended approval. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the application be approved and that assessments will then be levied on the benefited property abutting the property that has been split on the basis of the Eagan regulations and ordinances. DUCI(WOOD ADDITION REZONING. The application of J.K.R. Company to rezone from R-4 to R-1 the Duckwood Estates subdivision was next reviewed, The APC recommended approval. Upon motion by Polzin, seconded Wachter, all members voting yes, it was RESOLVED that the application be approved. Councilman Wachter was excused from the meeting at 8:50 p.m. LINDA SMITH DAY CARE LICENSE. The application of Linda Smith for conditional use permit for group day care license at Lot 16, Block 4, Cedar Grove 5th Addition, 4028 Rahn Road, was next reviewed. airs. Smith'w'as•- preserA;" and the Advisory Plan- ning Commission recopmendied approval.. Smith moved and. Rahn seconded'•a motion that the application be Approved subje.ct.tw the recommendatlona of the APC. 'R,&. JO,1tNN$0P1-VAR A7 HCE, °hc application of R. L'.' Johnson. Investment oa:pany for building permit and variance for an industrial building on unplatted property in -5- 12-6-77 Section 8, North of Highway #13 was next reviewed. The APC recommended approval subject to a list of conditions. Bob Johnson appeared on behalf of the applicant. There was considerable discussion concerning the traffic expected to be genera':ed a: the intersection of highway #13 and a question was raised as to whether an additional access should be granted to Highway #13 with access already at Meadow- view Road. One suggestioa was that ,.here be direct access across from Four Oaks Road, which evecitually will be implemented because an easement for a service road had already been dedicated by the developer which owns the two warehouse buildings on Highway #13. Easements were reflected on a proposed plat and an application is being submitted to plat the property. Mr. Johnson indicated that there is no plau for the developer to use the property for other than warehouse purposes. There was also discussion concerning whether an Environmental Worksheet is necessary, and it appeared according :o the staff that neither the EQB nor the DNR required an EAW or EIS. The staff recommended that no EAW be required because of the buffer caused by the railroad adjacent to the Fort Snelling State Park area. Smith moved and Rydrych seconded a motion with all members voting in favor to approve the applica- tioa subject to the recommendations of the APC aad that no EAW be required and further that-in the event that there is any change in use of the building for other than warehouse purposes, that City Council approval will be acquired. PROJEC'T' #219 - DUCKWOOD ESTATES IMPROVEMENTS. The bids for street improvements for Project #219 consisting of Duckwood Drive were next reviewed. The low bidder was Husting & Engstrom at $66,751, and the Engineer recommended approval. Polzin moved and Rahn seconded a motion to approve the low bid and award the contract. All members voted in favor. ES;A"E ZONING RECOMMENDATION. The Advisory Planning Commission recommended that the word ESTATE not be included in any new plat submitted or approved by the City because of the confusion with the Estate Zoning classification. Polzin moved .•6- 12-6-77 and Rahn seconded a motion to approve and adopt the recommendation. All members voted in favor. FEDERAL ANTIRECESSION FUNDS. City Administrator Hedges indicated that $904 had been received in Federal Antirecession funds and recommended that it be used for salaries in the general fund, Smith moved and Rahn seconded a motion with all members voting yea to approve the recommendation. PROJECT #217 - EAGAN HILLS IMPROVEMENTS. City Engineer Rosene indicated that the plans and specifications for Project #217 were not completed but would be completed at the next meeting. No action was taken. PROJECT #221 - UTILITY IMPROVEMEN'T'S. The plans and specifications for Improve- ment Project #221 consisting of sanitary sewer, water, and storm sewer improvements for Duckwood Estates *ere submitted by City Engineer Rosene. Rahn moved and Smith seconded a motion that the plans and specifications be approved and accepted, and the Clerk be authorized to advertise for bids to be opened on January 12, 1977 at 3 p.m. at the City Hall. PROJECT #180 - RAHN ROAD STREET IMPROVEMEN'.i'S. The City Engineer recommended that the Council approve the completion of the Rahn Road Street improvements and make final payment of $26,920.82. Polzin moved and Smith seconded a motion to approve the recommendation, accept the street and make the final payment. PROJECT #168A - SI$LEY 'T'ERMINAL STORM SEWER. The City Engineer recommended final approval of Project #168A consisting of storm sewer improvements in the Sib- ley Terminal Industrial Park area and that final payment be made to the contractor in the sum of $17,711.71. Rahn moved and Polzin seconded a motion with all members voting in favor to approve the recommendation, accept the project and make final payment. COUNTY ROAD 'T'RAFFIC SIGNALS. A contract with Dakota County was submitted by Mr. Hedges for traffic signal lights at County Road #32 and Johnny Cake Ridge Road -7- 12-6-77 and another contract for County Road #32 and County Road #31 intersection. The first contract was for $63,000, and the City would be paying $26,000 with the second contract being $30,000, and the City paying $15,000. Mr. Hedges recommended approval. Rahn moved and Smith seconded a motion with all members voting in favor to approve the contract. CONDITIONAL USE PERMIT RENEWALS. Conditional use permit renewals for Dakota Homes for the operation of a sales lot at 3660 Dodd Road and for John Bushnelifor temporary storage building at 4890 South Robert Trail were submitted and recommended for renewal. Smith moved and Rydrych seconded a motion to approve the conditional use permits on the same basis as done previously. BARTON-Mc GRAY ADDITION DRAINAGE. The recommendation of the City Engineer at the request of MN/DOT to approve a temporary drainage easement permit on a part of Lots 3 and 4, Block 1, Barton-McGray Addition was next reviewed. Rahn moved and Rydrych seconded a motion to approve the permit as recommended by the City Engineer. CHES MAR DRIVE. The Engineer recommended the payment of $200 as final grading for that portion of Ches Mar Drive abutting the City property to be paid from the water fund. Polzin moved and Rahn seconded a motion with all members voting in favor to authorize the payment. DECEMBER 13, 1977 SPECIAL MEETING. It was noted that a special meeting of the City Council will be held at 6;30 p.m. on December 13 at the City Hall to discuss the 1978 budget, assessment policy, and miscellaneous other matters, Z00 ROAD SIGNS. City Administrator Hedges reviewed a proposal of the Zoological Society concerning signing for the Zoo on various county roads in the City. He outlined the locations and recommended approval of the locations for the signs. Smith moved and Rahn seconded a motion with all members voting yea to approve the locations proposed by the zoo board. -8- 12 6-77 IIISEALCOATING - 1977 PROJECT. City Administrator Hedges reviewed the-1977 seal- coating contract and indicated the bid originally was $23,000 with a proposed $6,653 change order. Rahn moved and Smith seconded a motion to approve the $6,653 change order to the 1977 sealcoating contract. MWCC NORTH DISTRICT INTERCEPTOR. Mr. Hedges and City Attorney Hauge explained to the Council the progress concerning the turn-over of the North District sanitary sewer interceptor to the MWCC and stated that the agreement was proposed to be completed prior to the end of 1977. It was noted that the financial arrangements were quite complex as is the assignment of the easements to the Commission. It was recommended that a request be made to the ?MCC for reimbursement of the City's consulting and administrative costs involved in the turn-over to the Commission. Rahn moved and Smith seconded a motion that the City staff pursue the proposed IIIreimbursement to the City for the costs of turning over the interceptor to the I4JCC. PILOT KNOB ROAD COMMITTEE. Mayor Polsin announced the appointment of the following persons to a Pilot Knob Road Improvement Study: John Klein - Chairman, Joseph Harrison, Arnold Carlson, Roger Fredlund, Vincent Kennedy, Gene Abramson, Paul Taylor, Dale Vogt, and Robert'Loainski. CEDARVALE HIGHLANDS PARKING LOT, Mark Parranto appeared and recommended that the Council review the feasibility of additional barriers in the parking lot of Cedarvale Highlands to avoid cars from rolling down the hill and across Beau d'Rue Drive causing damage to buildings and property. The Public Works Director will be requested to review the matter. BILL AND ADJOURNMENT. Upon motion by Rahn, seconded Rydrych, all members voting in favor, it was RESOLVED that the bills according to the following schedule be approved: 5335 - 5427; 8133 - 8238. The meeting adjourned at approximately 11 p.m. PHH DATED: �e-. -K..--ev--L- ‘� / 4 7`� U-�.� .. _ o-Q.4„ ay�d A9�lf a--47 i /4, 7 7 City Clerk -9. E;PLar CT OF MINUTES OF 14EETING OF THE CITY COUNCIL . CITY OF EAGAN, DAKOTA COUNTY, 'NIINIMSOTA HELD ON DECEMBER 6, 1977. Pursuant to due call and notice thereof, a regular meeting of the City Council, of the City of Ealgan, Dakota County, Minnesota was duly held at the City Hall in said municipality on the 6th day of December , 1977 at 7 o'clock P.M. The following members were present: Mayor Polzin, Councilmen Smith, Rydrych, Rahn and Wachter aad the following were absent: None. The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Easter Lutheran Church and Larry Erdos property on Pilot Knob, sanitary sewer improvements. in the official newspaper in accordance with a resolution heretofore adopted by the City Council, which affidavit was eyamined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting was open for the consideration of objections, if any, to said proposed assessments. All persons were then aiven.:an.•ipportunity to present oral objections, and all written objedtions theretofore filed with the Clerk were presented and considered, and all such objections were tabulated as follows: NAME PROPERTY NATURE OF OBJECTION A motion was made by Mayor Polzin, seconded by Wachter, and approved, all members voting in favor, that there be no assessments for sanitary.sewer laterals on the two parcels because the developer of the adjoining,,,subdivision paid for the in- stallation of sanitary sewer laterals in Easter Lane. The action was taken with the understanding that the connection between the service lines of Mr. Erdos and of Easter Lutheran Church is not standard policy and that the City will not be responsible where two parties are connected to the same service line. -1-