12/15/1981 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
DECEMBER 15, 1981
A regular meeting of the Eagan City Council was held on Tuesday, December
15, 1981 at 6:30 p.m. at the Eagan City Hall. All members were present. Also
present were City Administrator Hedges, Public Works Director Colbert and City
Attorney Hauge.
AGENDA
Upon motion by Smith, seconded Egan, it was resolved that the Agenda be
approved with the understanding that the hearing on Project #247 will be
continued until about 9:30 p.m. All voted yes.
MINUTES
1. December li 1981 regular meeting. Upon motion by Egan, seconded
Smith, it was resolved that the Minutes be approved with exception on page 2,
that gravel pit permit renewals were continued until the following meeting.
All voted in favor.
2. November 19, 1981 special Council meeting. Smith moved, Wachter
seconded the motion to approve the Minutes. All voted in favor.
FIRE DEPARTMENT
Chief Robert Childers was present.
1. Fire Awards. Childers indicated that three Fire Department members
have received awards and the Council acknowledged recognition of the awards.
2. Additional Firefighters. Chief Childers then recommended to the
Council that nine (9) additional firefighters be added to the Fire Department
and outlined the availability for days and nights at the three stations. He
noted that the objective is to intend to acquire additional firefighters for
daytime duty because of the small numbers of firefighters available during
that time in each of the Fire Stations. Couneilmembers suggested that the
Fire Department compare the numbers of firefighters in Eagan with other com-
munities and suggested that per capita, Eagan has a high ratio of fire mem-
bers. They also discussed the Fire Department Ordinance which provides for a
maximum of 75 firefighters, plus the Chief and Assistant Chiefs and the pos-
sible need for By-Law change in the event that the number is increased above
75. Councilman Parranto stated that the Fire Department would have more
members than authorized if additional members are added; that there are some
severe budgetary problems incurred by the City and additional costs may not be
warranted and that the City of Eagan may have more firefighters per capita
than other fire departments in the metropolitan area. Parranto then moved
that the Volunteer Fire Department be directed to add at least ten (10)
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December 15, 1981
firemen to the day-available list for Fire Stations #2 and #3, and further,
that the department staffing not exceed more than 75 firefighters in compli-
ance with the existing ordinance. Smith seconded the motion. It was sug-
gested that existing fire members be reassigned to day-available duty. Coun-
cilman Wachter suggested deferring the issue until further study, including
availablility of financing and exact information on the numbers of fire-
fighters. All members voted in favor, except Wachter who voted no.
3. Training Acadamy. Wachter moved, Parranto seconded the motion to
accept the recommendation of the Fire Chief that five (5) firefighters be
authorized to attend the Mankato Area Vo-Tech School for Federal Emergency
Management Agency Seminar on January 16 and 17, 1981 noting however, that the
Fire Department may be requested to out its budget in the very near future.
All voted in favor.
PARK DEPARTMENT
Park Director, Ken Vraa was present.
1. Johnny Cake Ridge Road Snowmobiling. Mr. Vraa recommended that the
City Council consider utilizing the east side of Johnny Cake Ridge Road for
snowmobiling for access to the Dakota County Park. His Memorandum of November
30, 1981 outlined the request of the Snowmobile Club and the Park. Committee's
recommendation. Smith moved, Wachter seconded the motion to accept the recom-
mendation and authorize the snowmobile trail on the east side of Johnny Cake
Ridge Road. All voted yea.
2. High Line Trail. The Committee, at the request of the Snowmobile
Club is also recommending that the High Line Trail from Rahn Road to Pilot
Knob Road be posted for motorized vehicles and that a trail be provided next
to the bituminus trail for snowmobiling. Smith moved, Wachter seconded the
motion to designate a snowmobiling trail along the High Line Trail and that
the Park Department be directed to designate the trail in compliance with the
City regulations. All voted in favor.
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December 15, 1981
PUBLIC WORKS DEPARTMENT
1. Stop Signs at Wilderness Run Road and Oak Chase Road, and Wilderness
Run Road and Wilderness Run Drive. Petitions have been submitted from
residential property owners in the neighborhood of Wilderness Run Road and Oak
Chase Road that the stop signs be removed in that location, or the stop sign
on Oak Chase Road be left in place to control traffic. In addition a request
was made from residents near the Wilderness Run Road and Wilderness Run Drive
area requesting that the stop signs be removed with some residents requesting
the stop sign be removed from Wilderness Run Road only. Donna Tilton and
other interested area residents appeared and had questions as to why the stop
signs were installed. Mayor Blomquist indicated that there had many com-
plaints in the past about traffic at those locations. The neighboring proper-
ty owners objected to the Wilderness Run Drive location but were not as
concerned about the Oak Chase location. Jay Culberth also opposed the stop
signs as did numerous other persons present. After considerable discussion
and an explanation as to why the stop sign had been installed initially,
Parranto moved, Egan seconded the motion to deny the request and to leave the
stop signs as installed. All voted in favor except Wachter who voted no.
1982 BUDGET AND FEDERAL REVENUE SHARING FUND USE
The Mayor convened the public hearing regarding the 1982 Budget as certi-
fied to Dakota County and also the hearing regarding the use of Federal
Revenue Sharing Funds. The General Fund Budget is proposed at $3,287,130.00
and the Public Enterprise Budget at $1,746,480.00 for a total of
$5,163,492.00. Mr. Hedges stated that there is some uncertainty as to the
receipt of local government aid and homestead tax credit from the State of
Minnesota in 1982 with the anticipated amount of $816,774.00 for Eagan. At
the November 17, 1981 Council Meeting, the council had directed no further
hiring and other restrictions on expenditures without Council approval. There
being no objections expressed at the hearing, Smith moved, Parranto seconded
the motion to close the public hearing and approve the 1982 General Fund
Public Enterprise Budget and the Federal Revenue Sharing Use Fund for 1982.
All voted in favor. D 81-56
TRUNK HIGHWAY #13 AND ROBIN LANE STORK SEWER EASE ENT VACATION
Mayor Bea Blomquist then convened the public hearing regarding the vaca-
tion of a portion of storm sewer easement on property north of Trunk Highway
#13 and Robin Lane owned by Ellerbe Architects. Mr. Colbert explained the
proposed vacation because of a relocation of a manhole as required by the
Minnesota Department of Transportation and there were no objections to the
vacation. Egan moved, Wachter seconded the motion to close the hearing and to
authorize the vacation, including the execution of all necessary documents
with the understanding that a revised easement will be received from the
property owner and recorded by the City. All voted yes.
R 81-74
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December 15, 1981
LONE OAK HEIGHTS ADDITION - PRELIMINARY PLAT AND VARIANCE
City Administrator Hedges again reviewed the background of the applica-
tion of Midwestern Association (Orrin Aune) for preliminary plat approval of
Lone Oak Heights and for variance to exceed lot coverage. The Planning Com-
mission held a public hearing concerning the application on September 22, 1981
and recommended approval of the preliminary plat, subject to conditions. The
Council last heard the application on October 20, 1981 and referred the matter
for further study, including the preparation of a brief appraisal concerning
the probable cost incurred by the City regarding the down-zoning in the event
the Council should determine that a portion of the property should be down-
zoned from R-4 to R-3 and further, from R-4 and R-3 to R-1 with R-2 buffer
areas, and further, to allow the the staff to continue to study the project,
including the density determinations utilizing a private street. A Petition
had been received from the Timberline Association area residents, including
other neighboring residents, requesting the Council hold a hearing to consider
the down-zoning of the property. Other correspondence had been received by
the City and a report dated December 4, 1981 from Dan Dwyer, Appraiser,
concerning the proposed down-zoning was reviewed. He estimated the damage to
be $54,000.00 if the R-4 land is rezoned R-3; and $103,000.00 if all the land
is rezoned to R-1 in the project. There were a large group of interested area
residents present, including John Gusten who stated there are serious ques-
tions concerning the integrity of the developer's proposed plans. He also
reviewed impact of the park, schools, roads, traffic, etc. He also stated
that the project may become an eye-sore within a few years and it would not be
compatible with the development in the surrounding area and that the popula-
tion density of Section 9 exceeds the density that is proposed in Eagan's
Comprehensive Guide. Also, Tom Nicolai submitted a letter objecting to the
proposal and cited some of the above objections, including the additional
impact upon police facilities in the City.
Sheridan Buckley also appeared and argued in favor of the dowp-zoning and
against the project, and stated that it was his opinion that the City could
down-zone the property without paying damages. He as well as others indicated
that there was no agreement by Timberline residents at the time of the re-
zoning in 1975 to condone the rezoning in exchange for contribution to park
land.
Dan Beeson, attorney, appeared for Mr. & Mrs. Shields and opposed any
changes in zoning and asked that the application be acted upon shortly. He
stated that there was an agreement concerning the zoning in 1975 at which time
park land was purchased and dedicated to the City for Pilot Knob Park and
further stated that the appraised damage is greatly understated. He further
indicated that the property owner would ask that in the event that the
property is down-zoned, that the Court rescind the 1975 Agreement and that the
park land dedicated to the City be returned to the Shields. Vince Kennedy, a
neighboring property owner stated there were discrepancies in the proposal by
Mr. Aune, there are some-serious precedent problems in down-zoning the
property and some serious precedent problems that would be incurred by the
City in down-zoning the property.
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December 15, 1981
Joel Carpenter, an Engineer, appeared for Mr. Aune and reviewed certain
aspects of the project. Councilmembers were concerned about the amount of
potential damages, the serious precedent problem if the Council proceeds to
down-zone the land and that here is more than an expectation because a
buyer/developer currently has an application before the City. Mayor Blomquist
stated that she opposed rezoning in general until a specific use is being
proposed for property. It was noted that certain variances were required,
including the 20% lot coverage variance and that set-backs from certain
buildings did not comply with ordinance requirements along the proposed 60
foot street. There was a question as to how the density in the project should
be determined in light of the proposed public street and it was recommended by
certain councilmembers that the street be determined to be a public street and
that the plat be held in abeyance until the ordinance is revised to provide
for density on semi-public streets. Councilman Smith stated that the plat
design needs revision and suggested that the road be shifted to the east so
that it is not on the property line, and in addition, the density should be
reduced. Ron Swanson of Valley Engineering on behalf of Mr. Aune stated the
developer recommended there be no through street whereas the Consulting Engi-
neer, Bob Rosene recommended that it be a public street. After lengthy dis-
cussion, Blomquist moved, Smith seconded the motion to continue the applica-
tion for reasons including those stated above, and in order to allow the staff
and City Attorney to determine answers to the legal questions raised during
the course of the hearing, including those in the letter from Tom Nicolai and
also to study further the variances required, the density issue in relation to
the proposed public street and also a determination as to whether damages
would be incurred in the event the council should down-zone the property;
further, that the staff request further information from Dakota County as to
its policy on further access points to Pilot Knob Road. All voted in favor.
The question of the mobile home located on the property on Lone Oak Road
was then discussed by council members. It appeared that Mr. Aune is using the
trailer as an office and had been instructed by the staff to. remove the
trailer and not to use it for office or construction purposes. Blomquist
moved, Egan seconded the motion that the trailer be removed within two weeks,
on the basis that the trailer was not authorized on the property and that it
violates the applicable Eagan ordinance. All voted in favor.
NAEGELE OUTDOOR ADVERTISING SIGN PERMIT
The application of Naegele Outdoor Advertising Co. for advertising sign
at 4215 Cedar Avenue was next considered. The matter had been presented at
the November 17, 1981 Council meeting and there were questions concerning the
size of the sign, the assessment appeal presented by Luther Stalland in 1978
and also visual aids to determine how the sign would be positioned along Cedar
Avenue. A representative of Naegele was present and he indicated that
billboards ordinarily extend beyond the limits of the normal billboard size
with extenders. Councilman Smith stated that it would not constitute a
nuisance in the location proposed. Parranto moved, Egan seconded the motion
to deny the application based upon the information received indicating that
extenders will undoubtedly be placed on the sign, that it exceeded the Eagan
Ordinance limitation and that the extenders are generally quite unsightly.
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All voted in favor except Smith who voted no. Smith then moved to grant the
application for a 250 foot billboard in the same location, but there was no
second and the motion died. There was then discussion about whether Naegele
would agree that there would be no extenders placed on the sign and the terms
of such an agreement. Parranto moved, Smith seconded the motion to reconsider
the previous motion. Those in favor were Parranto and Smith, those against
were Wachter, Egan and Blomquist.
ANCON CORPORATION REZONING - PRELIMINARY PLAT AND VARIANCE
The City Administrator recommended continuance of the application until
January 19, 1982, due to the fact that the Height Limitation Committee had not
met and should have recommendations by January 19. Egan moved, Wachter sec-
onded the motion to continue the consideration of the application until the
January 19, 1982 meeting. All voted yes.
ALEYANDER ROAD REASSESSMENT HEARING - PROJECT #2247
The Mayor convened the public hearing regarding the reassessment hearing
covering Improvement Project #247 consisting of street improvements for Alex-
ander Road, north of Highway #13. City Attorney Paul Hauge indicated that
there was some recent discussion concerning the possibility of negotiating a
settlement of the assessments and recommended that the hearing be continued
until a later date. Upon motion by Egan, seconded Wachter, all members voting
in favor, it was resolved that the hearing be continued until February 2, 1982
at 7:00 p.m. at City Hall.
GRAVEL PIT LICENSE RENEWALS
The staff has reviewed the two applications for gravel pit license re-
newals including Arnold Leitner on Meadowview Drive and Rauenhorst Corporation
in Section 2, 3, 10 and 11. Staff recommended approval, subject to the
confirmation with MnDOT as to the excavation on the Rauenhorst sites, noting,
however, that they do not appear to comply with City Ordinance requirements.
Smith moved, Wachter seconded the motion to continue the applciations until
January 5, 1982 and that a request be made through MnDOT to review the Rauen-
horst excavation and further to make a determination as to the use of the
Leitner gravel pit location. All voted in favor.
DAVID FURLONG - AMUSEMENT DEVICE PERMIT
The application of David Furlong for conditional use permit for more than
three amusement devices in a neighborhood business district at 4215 Nicols
Road was next discussed. The APC recommended denial for several reasons. A
letter from the Principal of Metcalf Junior High School objecting to the
application on the basis of the hours that the applicant intended to be opened
was considered. Wachter moved that the application be denied on the basis of
it being too close to the Metcalf Junior High School. Blomquist seconded the
motion. Smith then moved, Parranto seconded the motion to amend the main
motion to include a provision that the reason for denial was because it
proposes to operate during school hours. All voted in favor except Wachter
who voted no. All members then voted yes to the main motion as amended.
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EILEEN FOURNIER - CONDITIONAL USE PERMIT - CLIFF ROAD
The application of Eileen Fournier for conditional use permit for a
building to store commercial vehicles in an Agricultural district at 1810
Cliff Road was then considered. The Planning Commission recommended approval
of the application with certain conditions. Representatives of the applicant
were present as was Ms. Fournier. It was noted that the Fourniers intend to
operate a maximum of two rubbish trucks from the location on Cliff Road, which
is a lot being purchased from Orrin Thompson Homes. Councilman Wachter re-
ceived a letter from Mr. & Mrs. Gil Amundson, neighboring owners, opposing the
application and indicated that Mr. & Mrs. Larry Strohkirch also opposed. It
was noted that Outlots A and C of the surrounding subdivision were combined
with the lot. Councilmembers indicated the location is not desirable and that
there may be potential violations and objections when homes are constructed
around the location. Wachter moved, Smith seconded the motion to deny the
application on the basis of the foregoing reasons. All voted yes except
Parranto who voted No.
FITZGERALD/GRESSER I.R. FINANCING
The final resolution for $750,000 I.R. Financing for Fitzgerald/Gresser
Office Project in Cedarvale Center was presented to the Council and recom-
mended for approval by the staff. Smith moved, Parranto seconded the motion
to approve the final resolution. All voted in favor.
SEE BOND FILE
DUCKWOOD TRAIL APARTMENT - ADVERTISING SIGNS
An application had been submitted for two temporary advertising signs for
Duckwood Trail Apartments to be located at the northwest quadrant of Yankee
Doodle Road and Lexington Avenue, and the southeast quadrant of Pilot Knob
Road and Yankee Doodle Road. Each sign would have 64+ square feet and be no
more than 12 feet in height. The two signs were erected without a special
permit and the advertising company had been notified to remove the signs or
apply for a permit. There was a question as to whether the signs are located
within the road right of way and Mr. Ralph Wagner appeared for the applicant
indicating his understanding was that they were not. There was considerable
discussion concerning the precedent being made for location of rental signs on
property not owned by the developer and it was noted that in only one other
instance did it appear that such an application had been granted by the
Council. Smith moved, Wachter seconded the motion to approve the applications
for the two signs for a one-year period from October 1, 1981. All voted yes.
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METRO COUNCIL STORM WATER MANAGEMENT PLAN
Public Works Director Tom Colbert explained to the Council a proposed
draft of a storm water management plan from the Metro Council. He submitted a
written review dated December 10, 1981 detailing the 121 page document inten-
ded as a part of the Metropolitan Development Guide Chapter on Water
Resources. He noted that several surrounding cities have submitted comments
objecting to the program noting that existing programs are presently utilized
in the City of Eagan. A public hearing will be held by the Metropolitan
Council on December 17. Councilman Parranto indicated he opposed Watershed
Districts in general, that they are not responsible to local governments, they
have power to assess without responsibility to any party and have power to
enforce regulations without responsibility to the local governments or people.
In addition, Council members objected to the proposed mill levy and the power
to assess without showing benefit. Blomquist moved, Wachter seconded the
motion to oppose the mill rate levy and the assessment proposed under the
program and further, the proposal indicated to duplicate functions of existing
agencies and that such existing agencies, including the local municipalities,
appear to be able to handle the issue effectively. All voted in favor.
R 81-75
CONSENT AGENDA
The following consent agenda items were submitted to the Council and
recommended for approval:
1. Improvement #210A - Final Acceptance. The staff recommended
approval of the final payment for Improvement Project #210A consisting of
Projects #198, #2014, #210 and #211 in the final sum of $5,490.30 to Hardrives,
Inc.
2. 1982 MSAS Street Designations. It was recommended by the staff that
the City designate 1.68 miles of Wescott Hills Drive as a Municipal State Aid
Street and approval of the resolution requesting acceptance of the MSAS
designation by MnDOT and authorize the Mayor and City Clerk to execute the
Resolution. It was noted that presently the City has 24.52 miles of MSAS
streets with 2.16 additional miles available. R 81-76
3. Tax Forfeited Land Classification. The County has informed the City
that certain lands in the City are available to be acquired by the City as tax
forfeited land which were classified as nonconservation lands by the County
Board. The staff recommended that Outlot B, Wilderness Run 5th Addition and
the east 10 feet of Harvey Addition be determined as nonconservation lands and
authorize the sale of these properties by the County at public auction and the
City not acquire the property.
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December 15, 1981
4. Improvement Project #353 - Trunk Highway 55 Utility Revisions. It
was noted that the city has approximately 1,700 feet of water main within
existing trunk highway right of way on Highway 55 and 1149, which are necessary
to relocate and adjust, due to the proposed improvements. The Public Works
Director also recommended that certain sanitary sewer and storm sewer
crossings be installed at this time to avoid extensive future costs. Staff
further recommended authorization to prepare a feasibility report detailing
the costs associated with the project and that a cost participation agreement
be entered into with MnDOT covering the improvements. R 81-77
Smith moved, Wachter seconded the motion to approve the foregoing Consent
Agenda items as recommended. All voted in favor.
SOUTH DELAWARE HILLS - PLANNED DEVELOPMENT
A question has arisen as to the initial date of approval of the planned
development for South Delaware Hills by the City Council, and it was noted
that there were two dates, including September 6, 1977 or September 18, 1979.
The staff recommended the September 18, 1979 date. Smith moved, Eagan sec-
onded the motion to approve the recommendation. All voted in favor.
NORMAN VOGELPOHL VARIANCE - YANKEE SQUARE
An application had been submitted by Norman Vogelpohl for approval of a
set back variance at his restaurant location in Yankee Square. It was noted
that the Council has denied an application for variance recently and that the
ordinance prohibits the approval of a variance within 12 months, unless cir-
cumstances have changed substantially. Staff was requested to return the
application to Mr. Vogelpohl unless he can comply with the ordinance require-
ments.
SULLIVAN'S SUPERMARKET - I.R. FINANCING
Councilman Wachter recommended that the Council adopt a resolution to
reconsider the Industrial Revenue Financing for Sullivan's Supermarket in
Pilot Knob Shopping Center that had been denied by the Council. Smith moved,
Wachter seconded the motion to reconsider the motion of the Council to deny
the request. Those in favor were Smith and Wachter; those against were Blom-
quist, Egan and Parranto.
DIFFLEY ROAD
Councilman Parranto recommended and then moved that Diffley Road in the
City of Eagan be renamed to Quigley Road because of the historical signifi-
cance of the Quigley name. There was no second and the motion died.
HONDA/MOTORCYCLE VEHICLES
Councilman Parranto then moved to cancel all orders for the Police
Vehicles for 1982 and in place, to order Honda AFC 90 Motorcycles for the
Police Department. There was no second and the motion died.
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COUNCIL MEMBERS PENSION
Councilman Parranto then moved to declare a pension for all Council
members retiring on or after December 31, 1985 at five times the rate of the
outgoing salary for the prior year. Smith seconded the motion. Those in
favor were Smith and Parranto. Those against were Blomquist, Egan and
Wachter.
CHECKLIST
Wachter moved, Blomquist seconded the motion to approve the Checklist
dated: December 15, 1981.
All voted in favor.
ADJOURNMENT
Upon motion by Parranto, seconded Smith, it was resolved that the meeting
adjourn at 11:40 p.m. All voted in favor.
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