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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) 1 Council Minutes 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. 2 0°or 2 r5:• J Council Minutes 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 3 Council Minutes 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. 4 Council Minutes 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. 5 ZJ5 Council Minutes December 15, 1981 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. 6 Council Minutes December 15, 1981 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. 7 xn yb Council Minutes December 15, 1981 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. 8 Council Minutes 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. 9 0." Council Minutes December 15, 1981 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. PHH yL Cit erk 10