04/04/1978 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 4, 1978
A regular meeting of the Eagan City Council was held on April 4, 1978, at
6:30 p.m. Those present were: Mayor Murphy, Councilmen Egan, Parranto, Smith and
Wachter. Also present were: City Administrator Hedges, City Clerk Bolke, City
Engineer Gordon and City Attorney Hauge.
AGENDA. Wachter moved and Parranto seconded a motion, with all members voting
yes, to approve the agenda as distributed.
MINUTES. Parranto moved and Egan seconded a motion to approve the minutes of
the regular March 21, 1978 meeting with the exception that on page 4, Parranto
voted in favor of continuing the request of William Smith for extension of his
trailer permit. Parranto then moved and Wachter seconded a motion to approve the
March 27, 1978 minutes as prepared and distributed. All members voted yes on each
motion.
FIRE DEPARTMENT. Fire Chief Bob Childers appeared.
1. Annual report of the VFD. Council members complimented the VFD for the
preparation of an excellent annual report of the VFD for 1977.
2. Volunteer Fire Fighters' Service Pension. City Administrator Hedges dis-
cussed House File 2219, consisting of the Volunteer Fire Fighters' Service Pension
bill special legislation for the City of Eagan adopted by the 1978 Legislature.
Smith moved and Wachter seconded a motion to approve the special legislation and
to implement the increased amounts effective January 1, 1979. All members voted
in favor.
POLICE DEPARTMENT. Martin Des Lauriers appeared.
1. Duckwood Drive. Mr. Des Lauriers recommended that the Council order the
completion of the grading of the balance of Duckwood Drive to Denmark Lane for
service vehicles only. Mr'. Gordon estimated the cost at $3,000 for 6 inch gravel
base and temporary grading. Smith moved and Parranto seconded a motion, with all
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members voting yes, to approve the grading and graveling of the balance of Duckwood
Drive to its connection with Denmark Lane at the present time with the change order
to the existing Duckwood Drive street improvement contract.
2. Johnny Cake Ridge Road. The Public Works Committee was requested to review
the grading on Johnny Cake Ridge Road connecting County Road #30 through the Wood-
gate Addition area for service vehicle passage only.
PARK COMMITTEE. City Administrator Hedges stated that Dorothy Peterson, an
employee in the Park and Recreation Department, is eligible for PERA under the
Coordinated Fund and recommended a motion by the Council qualifying Mrs. Peterson
under PERA effective September 22, 1977. Smith moved and Wachter seconded a motion,
with all members voting yea to approve PERA eligibility for Mrs. Peterson described
above.
WILLIAM JONES TRAILER PERMIT. Mr. William Jones, 985 Cliff Road, requested
the City Council for an extension of time for the location of a mobile home on his
property. Mr. Jones appeared as did a group of neighboring home owners. He stated
that plans are now ready to commence construction on his residence immediately at
that location and that he would be willing to dedicate the Cliff Road right-of-way
requested by the City. Neighboring owners objected to the mobile home, but did not
object to a reasonable extension of time. Smith moved and Wachter seconded a motion,
to grant up to November 1, 1978, extension for the mobile home permit with the
understanding there would be no renewal and further, that the easement be granted
to the City on Cliff Road prior to grant of the building permit. All members voted
yes.
CEDAR AVENUE TRAFFIC FLOW. City Administrator Hedges reviewed the recommenda-
tions of Glen Van Wormer of District 9 MN/DOT to alleviate the Cedar Avenue traffic
problem. Alternatives had been reviewed by the City staff and various suggestions
were discussed by the Council members. Smith moved to eliminate left hand turns
from Cedar Avenue to Silver Bell Road between 4 to 6 p.m. weekdays,to eliminate
right hand turns from Highway #13 onto Silver Bell Road between 7 to 9 a.m. week-
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days; and further, to erect barricades on the frontage roads on both sides of the
former Phillips 66 station to eliminate access between Trunk Highway #13 and Cedar
Avenue as soon as possible. All members voted in favor, except Wachter who abstain-
ed.
EAGAN HILLS NORTH/HILLTOP ESTATES FINAL PLAT. The final plat for Eagan Hills
North/Hilltop Estates was submitted for approval by the Council. Wachter moved and
Egan seconded a motion, with all members voting yes, to approve the final plat,
subject, however, to compliance with all ordinances including the final approval of
a development agreement.
DONALD KNIGHT AND THOMAS KARNER. Mr. Donald Knight and Mr. Thomas Karner
appeared concerning a half improved street entitled Highview Terrace North of High-
view Avenue. Mr. Kamer intends to build a residence on the East 100 feet of the
West 130 feet of Lot 4, Highview Acres and Mr. Knight objects to the use of the 30,
foot half right-of-way on Highview Terrace which has been improved and assessed to
the Knight property because of safety problems. Several alternatives were suggested
including improvement of the Easterly 30 feet of the right-of-way, temporary im-
provements on the Easterly 30 feet of right-of-way by Mr. Karner or that he exit
onto Highview Avenue. Council members strongly suggested that utilities be installed
on Highview Terrace at the present time in the event that the North half of the
:arner property is developed in the future. Smith moved and Egan seconded a motion,
aith all members voting yes, to refer the issue concerning utilities and street
improvements on Highview Terrace to the City Engineer for further report to the
:ouncit.
EAGAN HILLS WEST PUD. The application of Dunn & Curry Real Estate Management,
Inc. for approval of the Planned Unit Development of Eagan Hills West located in
Sections 20 and 29 between Rahn Road and Blackhawk Road was next presented. Mr.
lod Hardy, Mr. Ed Dunn and Mr. Astelinidos of Urban Scope appeared on behalf of the
.pplicants. It was noted that the Planned Development generally follows former
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Mission Hills proposed PD, but that the density is reduced. The APC recommended
approval on March 14, 1978. About 30 acres of the area for PD will be included for
park and trail purposes. The proposed double bungalow area adjacent to Rahn Road
was discussed. Numerous adjacent residential owners lying North of County Road #30
appeared and were concerned about the density and the lack of conformance with single
family adjoining the R-4 high density areas. A petition, including 76 signatures of
residents in the area, was submitted. They also objected to lack of park area pro-
posed in that immediate area, but generally the neighboring residents did not ob-
ject to phase development including a lower density buffer adjoining the single
family. Mr. Dennis Castle appeared representing the neighboring owners. It was
noted that the underlying zoning of the entire area is R-4 and that individual plat
approval will be required in the future. The developers present agreed to a lower
density being reviewed at the time of development with each plat. Smith moved and
Parranto seconded a motion to approve the Planned Development with the understanding
that the density including buffers in the North area will be subject to Advisory
Planning Commission and Council review in the future and further, that it be subject
to all of the recommendations of the Advisory Planning Commission. All members
voted yes.
EAGAN HILLS WEST FIRST ADDITION PRELIMINARY PLAT. Mr. James Hill appeared for
the developers of the 1st Addition and reviewed the proposal. The APC recommended
approval with conditions. There would be an additional 37 feet of right-of-way for
sidewalk or trail on County Road #30 and Rahn Road. The 161 lot subdivision is
located on 64.7 acres. Mr. Hill indicated that the parking lot owned by Christ
Lutheran Church will have unlimited access to Beaver Dam Road. Wachter moved and
Egan seconded a motion to approve the preliminary plat subject, however, to the
recommendations of the Advisory Planning Commission, which had recommended approval.
All members voted yes. Councilman Parranto suggested that all streets in the City
include names rather than numbers for their designation.
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EAGAN HILLS WEST 1ST ADDITION FEASIBILITY STUDY. A request from the developers
of the Eagan Hills West ist Addition that the City authorize a feasibility study
for utilities and street improvements was accepted by the Council. Smith moved and
Parranto seconded a motion to accept the petition and to refer the petition to the
City Engineer for the preparation of a feasibility study. It was understood the
developer agrees to pay the cost of the study. All Council members voted in favor.
ST. FRANCIS WOOD REZONING AND PRELIMINARY PLAT. Mr. John Klein appeared on
behalf of the developers of the proposed St. Francis Wood subdivision, formerly
called Eagan Wood, South of Duckwood Drive and East of Lexington Avenue. The first
application was to rezone the property, including 67 lots of R-1 zoning, proposed
Outlots B and C for R-3 zoning, and Outlot A for R-4 zoning. Earlier Council
approval had been given to the basic zoning. The APC recommended approval with
conditions. Parranto moved, Smith seconded a motion to approve the application
to rezone subject to the APC recommendations. All members voted yes. Smith then
moved and Wachter seconded a motion to approve the preliminary plat of St. Francis
Wood again subject to the conditions proposed by the Advisory Planning Commission.
All members voted in favor.
PILOT KNOB PROPERTIES REZONING. Mr. Ralph Wohlers appeared on behalf of the
application of Pilot Knob Properties to rezone the proposed Drexel Heights Addition
from R-4 Residential Multiple to R-1 Single PD and the application for rezoning of
proposed Pilot Knob Heights 5th Addition from Commercial PD to R-1 Residential
Single PD. Smith moved and Egan seconded a motion to approve the applications.
The APC recommended approval. All voted yes.
PILOT KNOB HEIGHTS PD. Mr. Wohlers reviewed with the Council the application
of Pilot Knob Properties for annual approval of the Pilot Knob Heights PD. It
originally included 121 acres with changes only regarding development during 1977-
1978. The APC recommended approval. Wachter moved, Parranto seconded a motion,
with all members voting yes, to approve the Planned Development application for
annual review.
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DRAGON PALACE CONDITIONAL USE PERMIT. Mr. Fred Ko appeared on behalf of his
IIIapplication for conditional use permit for on-sale non-intoxicating beer in Lot 1,
Block 1, Bicentennial Addition consisting of the Dragan Palace in Yankee Square
shopping center. In addition, Mr. Ko submitted an application for 3.2 beer license.
No objections were submitted by the Police Department. Parranto moved and Wachter
seconded a motion to approve the application for conditional use permit. The APC
recommended approval. All members voted yes. Parranto then moved and Egan second-
ed a motion to approve the application for 3.2 beer license on-sale and all members
voted yea.
WEST PUBLISHING COMPANY REZONING. Mr. Ed Ryberg of Rauenhorst Corporation and
John Nassef of West Publishing Company appeared on behalf of the application of
West Publishing Company for rezoning a 15 acre parcel from Agricultural to R-1
Limited Industrial in Section 13. They noted that the first phase construction of
West Publishing Company's building is now nearly complete and occupancy will be in
early May, 1978. The applicant requested that the rezoning and the preliminary
plat include 18 acres rather than 15 acres because of the change in ownership. It
was noted, however, that the Council could not act on the 18 acres because of the
improper publication of the notice. In addition, the application for preliminary
plat approval of West Publishing Company 2nd Addition was reviewed by the Council.
The APC recommended approval of both. Wachter moved and Smith seconded a motion
to approve the rezoning of the 15 acre parcel. All members voted favorably.
Wachter then moved and Egan seconded a motion, with all members voting yes, to
approve the preliminary plat of West Publishing Company 2nd Addition.
RUSTIC HILLS ADDITION - DERRICK LAND COMPANY. Mr. Roger Derrick appeared on
behalf of the application of Derrick Land Company for approval of rezoning of two
IIIlots from R-1 to R-2 in Rustic Hills Addition and for preliminary plat approval of
Rustic Hills Addition. Mr. Derrick indicated that pursuant to the APC recommenda-
tion, Derrick LandCompany withdrew its application for rezoning the two lots to
R-2. There would be 15 Single Family lots and the APC recommended approval, sub-
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ject to certain conditions. Certain Council members expressed their concern about
IIIthe steep grade of the Easterly three lots. Egan moved to approve the variance of
up to 675 feet for the cul-de-sac and Smith seconded the motion. All members
voted in favor except Parranto who voted no. Egan then moved for approval of the
preliminary plat of Rustic Hills Addition; Wachter seconded the motion, subject to
the following:
a) Submission and approval of the detailed site grading plan by the City
Engineer.
b) Approval of the street connection from Rustic Hills Drive to Trunk Highway
#13 frontage road by MN/DOT.
c) Satisfaction of park dedication requirements.
d) Approval of the variance for the cul-de-sac beyond the 500 maximum to
675 feet as measured from the frontage road.
e) That adequate screening be provided for the lots adjoining Highway #13, in-
cluding the submission and approval of landscape plan to be approved by
III the Building Inspector at the time of approval of building permits.
All members voted yes except Parranto who voted no. A request for feasibility
study was submitted by Mr. Derrick for utilities and streets. Wachter moved and
except Parranto who voted against
Egan seconded a motion, all members voting yea/ to accept the request and refer
the request to the City Engineer for report.
ROBERT WINTER KENNEL PERMIT. The application of Robert Winter for transfer of
kennel permit on property formerly owned by Sue Goss was next presented. Mr.
Winter operates the City dog pound. Parranto moved and Egan seconded a motion,
with all members voting yes, to approve the transfer of the kennel permit.
ROGER OLSON GRADING PERMIT. Mr. Roger Olson, 2850 Pilot Knob Road, appeared
on behalf of his application for grading permit for Wade Construction Company to
grade Lots 6 and 7, Sibley Terminal Industrial Park, and in addition, to place the
fill material on unplatted land adjacent to the railroad right-of-way near Sibley
Terminal Industrial Park. Council members inquired as to whether an EAW is neces-
sary due to the proximity to the flood plain. Because of the uncertainty of
whether an EAW or EIS is required, Smith moved to approve the application subject,
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however, to compliance with environmental assessment requirements. Wachter second-
ed the motion; all members voted in favor.
EAGAN CONSTRUCTION COMPANY BOWLING ALLEY. A letter from Eagan Construction
Company requesting the Council to determine a bowling alley as a permitted use
within the Neighborhood Business district for the proposed bowling alley on Yankee
Doodle Road South of Fox Ridge Addition was presented. Jean Parranto appeared on
behalf of the applicant. Egan moved to add bowling alleys as a permitted use
under Neighborhood Business category under Ordinance #52. Councilman Wachter
seconded the motion, but objected to the motion because he stated it should not be
included as a permitted use in all Neighborhood Business areas. Those in favor
were: Egan and Murphy; those against: Wachter and Smith; Parranto abstained. The
motion failed. Smith moved to include a bowling alley as a similar conditional use
in this Neighborhood Business District. Wachter seconded the motion;
all members voted yes, except Parranto who did not vote on the motion.
BICENTENNIAL 3RD ADDITION FINAL PLAT. The application of Federal Land Company
for approval of final plat of Bicentennial 3rd Addition was next reviewed. Bruce
Colon appeared for the applicant. Smith moved and Parranto seconded a motion, all
members voted yes, to approve the final plat.
PROJECT #216 PART 1 PLANS. The City Engineer submitted the plans and specifi-
cations for Improvement Project #216 Part 1 consisting of Mallard Park 2nd and 3rd
Addition utility improvements and recommended bids be advertised to be opened on
May 5, 1978 at 3 p.m. Also submitted were street improvements under Improvement
Project #216 Part 2 for the same subdivision. No action was taken because the
final plats have not been submitted or approved.
PROJECT #167 CLEARVIEW ADDITION UTILITIES. The City Engineer indicated that
the report had not been completed and no action was taken.
M.S.A. ANNUAL REPORT. The annual report submitted by the City Engineer cover
ing Minnesota State Aids Streets was distributed, which report was dated March 20,
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1978. Wachter moved to accept the report and Egan seconded the motions all members
voted yes.
URBAN PLANNING & DESIGN COMPREHENSIVE PLAN CONTRACT. A proposed contract was
reviewed with Urban Planning & Design for preparation over a two year period of a
revised comprehensive plan for the City. There was discussion concerning the use
of the Zoning Administrator, Dale Runkle, whose CETA position has now been extended
to December 31st for the project. The matter was turned over to the Personnel
Committee for review and recommendation.
SEWER AND WATER RATE STUDY. The study prepared by Bonestroo, Rosene, Anderlik
& Associates covering sewer and water rates in the City was reviewed, including
the MWCC charges. It was noted that there was a 172% increase from $189,000 to
$515,000 by the MWCC for sewer service Area 5 charges to Eagan for 1978. Parranto
moved and Wachter seconded a motion, with all members voting yes, to direct the
Administrator to forward a letter to the MCC requesting an explanation and letter
relating to the increases and that copies be sent to surrounding communities.
Smith then moved and Wachter seconded a motion, to approve the sewer and water rate
increase proposal as proposed by Bonestroo, Rosene, Anderlik & Associates, and that
a notice be included with the statements to the water and sewer users, which rates
will go into effect upon the revision of the programming by the City.
ORDINANCE 416. City Administrator Hedges reviewed the recommendations of the
APC that the City Council order a study of certain aspects of Sign Ordinance #16.
APC Commissioner Hedtke was present and indicated that he has prepared certain
revisions and the Council asked that copies be distributed to Council members for
later review.
BLACKHAWK ROAD IMPROVEMENTS. The City Engineer submitted a report dated March
23rd regarding the request of MN/DOT to include the upgrading of a portion of
Blackhawk Road North of Cliff Road within the 135E construction project. The City
Engineer was requested to report back to the Council concerning the relative con-
struction costs.
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SUPER AMERICA UTILITIES PETITION. A letter from John J. Hoganson, manager of
Super America, requesting a feasibility study for utilities to the Super America
station on Highway X113 was reviewed. Smith moved and Wachter seconded a motion to
refer the request to the City Engineer for report. All members voted yes.
DEFERRED COMPENSATION PLAN RESOLUTION. A resolution submitted by City Attorney
Hauge and City Administrator Hedges recommended by the League of Cities in favor
of congressional legislation over-ruling the IRS plan to eliminate deferred com-
pensation plans for municipal employees was discussed. Smith moved and Egan
seconded a motion, with all members voting yes, to approve the resolution, a copy
of which is attached to these minutes.
SPECIAL COUNCIL MEETING - APRIL 12th. A memorandum from Councilman Egan was
explained by him regarding the special meeting scheduled for April 12th concerning
the intersection on 1494 either at Pilot Knob Road or Highway #13. He recommended
the following petition be forwarded to MN/DOT for a thorough investigation of fac-
tors concerning the differences between the two locations. He recommended that
MN/DOT analyze the significant factors as follows:
1. The impact on all of Eagan°s roads and highways affected by the intersec-
tion with the following premises:
a. Intersection at Highway 413;
b. Intersection at Pilot Knob Road, with a two lane road on Pilot Knob;
c. Intersection at Pilot Knob Road, with divided four lane Pilot Knob Road
construction.
2. Detailed analysis of all pollution factors.
3. Analysis of the safety factors at each intersection and along the affected
traffic routes.
4. Additional data concerning costs.
5. Possible impact on values of property affected within Eagan by the inter-
section.
Egan then moved that the request be forwarded to MN/DOT for information outlined
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above. Councilman Smith seconded the motion although he indicated he was not cer-
tain about what portion of the recommendation should be studied. Mayor Murphy
indicated he opposed the motion because he felt it is important to improve County
Road #31 amongst other reasons and that the hearing has now been set and should be
conducted on April 12th. Each councilman expressed his views regarding certain
aspects of the motion. Egan then withdrew his motion with the consent of Smith
and submitted the following motion: That the City Administrator be directed to
forward a request to M/DOT to analyze the impact of the shifting traffic patterns
on all of those area roads and highways determined to be affected by the location
of the intersection whether at Pilot Knob Road or Highway #13 assuming each of the
premises under No. 1 above. Smith seconded the motion. Wachter suggested that
the Council adopt a resolution requesting ICJ/DOT install intersections at both
Highway #13 and Pilot Knob Road, indicating that the Highway #13 intersection
would be important for future development in that general area. Those in favor of
the motion were Egan and Smith. Those against the motion were Wachter, Murphy and
Parranto, and the motion died.
SCHOOL SITE SELECTION COMMITTEE. Alyce Bolke indicated that Lee Sheldon,
Nancy Curtis and Bea Blomquist had asked to become members of the Rosemount
District School Site Selection Committee. Egan moved and Wachter seconded a motion
to accept the additional three members of the committee. All voted for the motion.
NURSES ASSOCIATION PROCLAMATION. Mayor Murphy proclaimed April 13th as the
Day of the Nurse according to a proclamation, a copy of which is attached to these
minutes.
MRS. LEVINE, 2034 BLACKHAWK ROAD. City Administrator Hedges indicated that a
complaint had been issued against Mrs. Levine, who lives at 2034 Blackhawk Road,
that she had two goats in a residential area. Council members generally indicated
that they may favor giving her special consideration if she can get consent from
all the neighboring affected residents. No action was taken.
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IMPROVEMENT CONTRACT APPROVAL. The City Attorney submitted two contracts for
approval by the Council consisting of water booster station, Project #193, Part 5,
with Lee Richert Plumbiag & Heating, Inc. and Deep Well Pump No. 5, Project #193,
Part 3, with Keyes Well Drilling Co. It was noted that the insurance coverage is
not sufficient under the Keyes Well Drilling Co. contract. Smith moved and Wachter
seconded a motion, with all members voting yes, to approve the contracts subject,
however, to submission of adequate insurance coverage.
CHICAGO, MILWAUKEE RAILROAD ASSIGNMENTS. City Attorney Hauge submitted two
assignment forms covering assignment of sewer interceptors under the Chicago,
Milwaukee Railroad right-of-way running in favor of the Metro Waste Control Con.-
mission. Wachter moved and Egan seconded a motion to approve and order the assign-
ments executed. All voted yea.
VOUCHERS. Egan moved and Wachter seconded a motion, with all members voting
in favor, to approve the following vouchers:
5999 - 6068; 9042 - 9113.
ADJOURNMENT. Parranto moved and Egan seconded a motion to adjourn at approxi-
mately 12:45 p.m. All members voted in favor.
PHH
DATED: April 4, 1978.
City Clerk
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