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04/17/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 17, 1990 A regular meeting of the Eagan City Council was held on Tuesday, April 17, 1990, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Assistant City Engineer Mike Foertsch, and City Attorney James Sheldon. AGENDA City Administrator Hedges recommended the following changes to the agenda: Item N, Consent Agenda, should be corrected to read, of Findings of Fact, Minnesota Public Radio Resolutions." Item B, New Business, Extension of Preliminary Plat, Addition, request to continue indefinitely. 00128 "Ratification Kingswood 3rd Item I, New Business, Discussion of Drainage Problem /Country Home Heights, be moved to Item B, Old Business. Gustafson moved, Pawlenty seconded, a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES Wachter moved, McCrea seconded, a motion to approve the minutes for the April 3, 1990, regular City Council meeting with the following exceptions: Councilmember Gustafson requested a correction on page 17, paragraph 3: Motion should be corrected to read, "McCrea moved, Gustafson seconded, a motion to deny any further study for proposals by Tri -Land Properties for purchasing land adjacent to Trapp Farm Park at the stated lot price." The vote remains the same. Councilmember Pawlenty and Mayor Egan requested that the Conflict of Interest item on page 20 include their concerns. Add the following language after the word, "regarding," "Mr. Ron Cornwell, a principal in the Bieter lawsuit, being represented by Mr. Greene's law firm. In addition, Councilmember Pawlenty indicated he was not comfortable with the arrangement and said considering the nature of the allegations by the Bieter Company in their lawsuit, he did not believe that even the perception of a conflict was wise. Mayor Egan also expressed his reservations and questioned why Mr. Cornwell would choose the City's counsel to represent him particularly if a conflict may be relevant." Page 2 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 DEPARTMENT HEAD BUSINESS FIRE DEPARTMENT JOINT POWERS AGREEMENT SOUTH METRO HAZARDOUS MATERIAL RESPONSE TEAM 00129 Mayor Egan requested that the last item on page 19, Moritorium /R -4 Development Application, reflect the vote: Aye: 5 Nay: 0. Councilmember McCrea requested that a clarification be added to the second paragraph on page 20, after "a.m.," "for the specific reason that decisions made after 1:00 a.m. are not in the best interests of City of Eagan residents." The City Administrator briefly discussed the background on this item and pointed out that the City Attorney had raised several questions regarding the Agreement. However, the City Administrator said it may be helpful to discuss the Agreement but continue approval to a later meeting. Chief Southorn explained that they had looked into forming a Response Team because the area of hazardous materials is the least understood but most feared by public safety. He said that while there are some controls on businesses located within the City, it is unknown what type of materials pass through our borders via rail or freight terminals. Chief Southorn said few cities have a hazardous response team because very extensive training is required and the initial expense for equipment and recovery equipment is relatively high. He said very few communities could handle a hazardous situation single handedly. Chief Southorn said that the Dakota County Chiefs Association had looked at all options. He said there is a movement to have regional response teams in the State, but that is no where near a reality. He added that to form our own regional response team consisting of city personnel operating as a separate entity would be the most economical way to approach the issue. Councilmember Gustafson raised a concern about the initial contribution of each member city. He said there should be a minimum fee for joining the organization and that this minimum should be more equitable for all member cities. Chief Southorn said he had similar concerns but the only common denominator they could find was population. Councilmember Gustafson said they could continue to use population as a basis; however, the minimum charge should have a floor. City Administrator Hedges replied that Burnsville had the same concern. Mayor Egan asked if the $12,500 needed for Eagan's contribution under the Joint Powers Agreement was budgeted. Chief Southorn said that most was. Councilmember Pawlenty asked if the yearly price tag for the team would remain constant. Chief Southorn said that costs the first two Page 3 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 years, and possibly a third, would be high due to the initial formation and training of personnel and the purchase of equipment. After that, he was hopeful that costs would go down. Councilmember McCrea moved, Gustafson seconded, a motion to authorize the negotiation of a Joint Powers Agreement for the South Metro Hazardous Material Response Team with a recommended $2,000 minimum contribution from each member city and to continue consideration of the Agreement indefinitely. Aye: 5 Nay: 0 A. Personnel Items: CONSENT AGENDA 1. It was recommended that Timothy Troje be hired as a temporary seasonal streets /equipment maintenance worker. 2. It was recommended that Stanley Brouillard, George Scott, Brian Washek and Steven Wilke be hired as seasonal utility maintenance workers. 3. It was recommended that Kim Rinehart be hired as a seasonal park attendant and LuAnn Johnson be hired as a seasonal weed inspector assistant. B. Modification of Smoking /No Smoking Policy. 00130 It was recommended that the no smoking policy creating a smoke -free environment for all City buildings be approved with provision made for a location or locations where employees could smoke which are not directly in the public eye. C. Resolution to Proclaim Arbor Day and Arbor Month in the City of Eagan. It was recommended that April 28, 1990, be proclaimed as Arbor Day and that the month of May 1990 be proclaimed as Arbor Month in the City of Eagan. R -90.22 D. Project 590. Receive Feasibility Report /Order Public Hearing (South Pilot Knob Road Streets Utilities. It was recommended that the feasibility report for Project 590 (South Pilot Knob Road Streets Utilities) be received and a public hearing scheduled for May 17, 1990. E. Project 591, Receive Feasibility Report /Order Public Hearing (Tranby 1st Addition Storm Sanitary Sewer). It was recommended that the feasibility report for Project 591 (Tranby 1st Addition Storm Sanitary Sewer) be received and a public hearing scheduled for May 17, 1990. Page 4 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 00131 F. Project 592, Receive Feasibility Report /Order Public Hearing (Wilmus Addition Trunk Storm Sewer). It was recommended that the feasibility report Wilmus Addition Trunk Storm Sewer) be received and scheduled for May 17, 1990. for Project 592 a public hearing G. Project 87-NNN. Acknowledgement of Completion 2nd Addition Streets Utilities). (Lexington Pointe It was recommended that completion of Project 87 -NNN (Lexington Pointe 2nd Addition Streets Utilities) be acknowledged and the assumption of maintenance responsibility be authorized subject to appropriate warranty provisions in accordance with the subdivision development agreement. H. Project 88 -AA, Acknowledgement of Completion (Lexington Pointe 3rd Addition Streets Utilities). It was recommended that completion of Project 88 -AA (Lexington Pointe 3rd Addition Streets Utilities) be acknowledged and the assumption of maintenance responsibility be authorized subject to appropriate warranty provisions in accordance with the subdivision development agreement. I. Project 88 -R, Acknowledgement of Completion (Thomas Lake Woods Streets Utilities). It was recommended that completion of Project 88 -R (Thomas Lake Woods Streets Utilities) be acknowledged and the assumption of maintenance responsibility be authorized subject to appropriate warranty provisions in accordance with the subdivision development agreement. J. Final Plat, Duckwood Square. It was recommended that the Duckwood Square final plat and resolutions authorizing conveyance of property prior to platting and approving relocation of an existing easement tract be approved. R 90.23,24, &26 K. Final Plat, Frank's Nursery and Crafts Addition. It was recommended that the Frank's Nursery and Crafts Addition final plat and resolutions authorizing conveyance of property prior to platting and approving relocation of an existing easement tract be approved.resolution authorizing conveyance of property prior to platting be approved. R 90.23,25, &26 L. Declare Surplus Property /Authorize Sale at June 2 City Auction. It was recommended that surplus property be declared and its sale be authorized for public auction on June 2, 1990. Page 5 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 M. Appointments, MASAC Alternate Member Recommendations. It was recommended that Larry Alderks and Jerry Woelfel be appointed as Eagan alternate members to MASAC for one year terms. N. Ratification of Findings of Fact. Minnesota Public Radio Resolutions. Councilmember McCrea questioned whether the resolutions outlining the basis for denying Minnesota Public Radio's conditional use permit and variances could be considered subjective or whether they held any legal basis. The City Attorney pointed out that the findings of fact were enumerated responses as to why the applications were denied. He also added that findings of fact in regard to variances allow more latitude than those that relate to questions of zoning. If tested in court, the City Attorney said that the Court would determine whether it would have made the same decision given the same information. Wachter moved, Gustafson seconded, a motion to approve the Consent Agenda except as noted. Aye: 5 Nay: 0 (Exception taken to Item N. by Pawlenty McCrea). PUBLIC HEARINGS There were no public hearings. OLD BUSINESS RESOLUTION FOR DEVELOPMENT PROGRAM AND TAX INCREMENT PLAN FOR DEVELOPMENT DISTRICT NO. 3 /TRI -LAND PROPERTIES RESOLUTION FOR DEVELOPMENT AGREEMENT FOR DEVELOPMENT DISTRICT NO. 3 0t132 The Mayor introduced the item and the City Administrator explained the background. The City Administrator said that the proposal is specifically for tax increment financing. He said it is not an issue of whether or not to build an ice arena but whether tax increment financing should be used. He went on to say that at the March 20, 1990, City Council meeting, the public testimony portion of the public hearing was closed and the City Council continued further consideration of the tax increment financing proposal to the April 17, 1990, City Council meeting. The Council also gave instructions to finalize the development agreement and this has been done. The City Administrator then said that the Mayor, City Councilmember McCrea, Director of Parks Recreation Vraa and he had met with John Traver, Executive Director of the YMCA and Mr. Darryl Silverness, also of the YMCA. He said that one of the questions that had been put to Mr. Page 6 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 00133 Traver was if the Y built a facility, would an ice arena be attached. As Traver explained in a letter dated April 10 to City Administrator Hedges, a major financial parameter would be to have an ice arena built that was debt -free, i.e., there would be no repayment made from operating revenues. The City Administrator said the Y is looking at a proposal where the YMCA would build a basic YMCA building and the City of Eagan would provide the land and an ice arena. While the YMCA is not part of the proposal before the Council, the City Administrator felt it necessary to at least report the findings of their meetings with the Y. The Mayor then asked whether or not information had been received from the developer as it relates to the development agreement. The City Administrator replied that they had not. At this time, the Mayor introduced Rollie Crawford, counsel for the developer. Mr. Crawford gave brief introductory comments and then introduced Brad Swenson of Tri -Land Properties, the developer of the project. Mr. Swenson encouraged the City Council to look at the Y proposal as it was a sound concept. He then asked that Tri Land's proposal be tabled. He said if the YMCA complex did not occur, then perhaps Tri -Land would rethink their proposal. Mr. Swenson pointed out that currently, all recreational facilities in Eagan have had construction and maintenance costs attached to them. He said the YMCA proposal to operate the ice arena would mean high construction costs but no maintenance costs. He added that this would be very cost effective. Mr. Crawford then returned to the podium and said that an indefinite tabling of the tax increment financing proposal was realistic and sensible. Mr. Crawford also pointed out that this had started as a public /private partnership and costs to date to the developer have exceeded $140,000. He said much of the costs had been in architectural, engineering and legal consultation, economic and feasibility studies, and surveying. He said the developer had also advanced a deposit of $12,000 to the City to help cover the City's costs. In light of the fact that the City had chosen a different direction, Mr. Crawford said the City should refund these costs to Tri -Land. He also pointed out that the plans they had developed would be valuable to whomever would build an ice arena. The developer would like to convey to the City or any other user, any of the plans that had been developed at a substantially reduced rate. He said this would mean a significant savings to the City and would help the developer recover some of his out -of- pocket expenses. Mr. Crawford said the developer would be happy to work with staff. The Mayor questioned the value of these plans and products and asked the City Administrator if all monies that had been advanced by the developer toward the City's expenses had been expended. The City Admininstrator said that all the $12,000 had been used and that final costs would be sent to the developer. Councilmember Gustafson then commented that everyone had worked long and hard on an issue that was both controversial and complex. In the Page 7 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 00134 Councilmember's opinion, everyone had been up front and above board in trying to achieve an ice arena. Councilmember McCrea then commended the developer for an honest, up front effort. She also reminded the audience that the developer had the right to build a strip center. The issue, she said, was one of tax increment financing. The Councilmember encouraged everyone to work together and provide accurate information. Mayor Egan said they had met with members of the Eagan Athletic Association. He said this issue had proven that Eagan was capable of forming coalitions. He said it was easy to organize for negative purposes and suggested that the same people be organized for positive purposes. He said the City should form a community action committee to look further into the feasibility of an ice arena. Councilmember Wachter said the developer should pay the costs incurred by the City in relation to this proposal. He did not believe it was fair to sell plans to the next "developer" and hold them to a specific facility. He went on to say that he had received 137 phone calls, 132 of which had been negative as to the TIF proposal. He suggested that the Council vote either yes or no and expressed concerns that if the proposal were tabled, that the center could come up for a vote in the future. The Mayor said that the Eagan Athletic Association wants a decision. They are interested in looking at an ice arena with or without the Y. He said to table the issue may hamper their future plans. Councilmember Pawlenty asked if the Council did nothing, whether it would be the same as a denial. The City Attorney said that action must be taken within a specified time after the closing of a public hearing on a tax increment financing issue, or it is considered denied. Councilmember Pawlenty went on to say that the Y was the preferred option and should be explored. He then asked, however, where the $1 -$3 million would come from to build the facility and who would be responsible for operating costs. He asked if the YMCA would be willing to agree to operate and maintain the ice arena. Wachter moved, Egan seconded, a motion to deny the resolution for the development program and tax increment financing plan for Development District #3, Tri -Land Properties ice arena project and the resolution regarding the development agreement for Development District #3. Aye: 5 Nay: 0 In response to questions about a Y proposal, Mr. John Traver made a few brief remarks. Mr. Traver reported that the Y had been interested in a facility in the area for some time and that the YMCA was willing to consider an ice arena and YMCA complex such as that presently operating in the Eden Prairie area. Page 8 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 00135 The Mayor said there were strong feelings from the community and the desire to resolve the ice arena issue. Egan moved, Pawlenty seconded, a motion to direct staff, through the City Administrator and the Director of Parks Recreation, to form a Community Action Committee made up of as many constituencies as possible to develop a policy for an ice arena included with a YMCA or separately, with the policy to include a financial mechanism, site selection process and total use package. Councilmember McCrea expressed concerns regarding the committee. She said that the YMCA already had a committee working on the issue and perhaps they should be working with the committee. The Mayor said that the committee could look at site selections with the YMCA. He said they could also look at the financial mechanisms, i.e., fundraising, and then bring the information back to the City Council. He said any study would be with the assistance of staff. The City Administrator said it may be appropriate for staff to define the objectives and role of the committee in conjunction with the YMCA committee. He said the Community Action Committee could look at financial options, master planning, identification of issues, and then bring the suggestions of the committee and the YMCA back to the City Council. Councilmember Gustafson said he was in favor of a community action committee and allowed that it would be advisory to the City Council. Councilmember Pawlenty suggested that the Council develop a working document which would include a framework outline and checklist for the committee to use. He suggested this could be done at a workshop session. Councilmember McCrea said that if one of the responsibilites of the committee was to look at whether or not to have an ice arena, she would not agree. She said that Eagan needs an ice arena. The Mayor said he had no problem with that issue; however, he wouldn't want to suggest that just because a committee was formed, that an ice arena proposal would succeed. Aye: 5 Nay: 0 Page 9 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 DRAINAGE PROBLEM /COUNTRY HOME HEIGHTS Consideration of this item was continued to later on the agenda to allow for the arrival of Mr. Joe Christensen, who is representing homeowners in the Country Home Heights Addition. NEW BUSINESS RESIGNATION /APPOINTMENT SOLID WASTE ABATEMENT COMMISSION Pawlenty moved, Wachter seconded, a motion to: 1) accept the resignation of Brenda Marshall from the Solid Waste Abatement Commission, 2) appoint Alternate Terry Schnell to the regular commission position, 3) develop a library of names from those who have indicated past interest in this commission, and 4) establish terms for commission members as part of the Council's organizational business in January 1991. Aye: 5 Nay: 0 EXTENSION OF PRELIMINARY PLAT KINGSWOOD 3RD ADDITION WAIVER OF PLAT FIRST SERVICE OF HASTINGS WAIVER OF PLAT HELEN A. CLAPP 00136 Gustafson moved, Wachter seconded, a motion to continue indefinitely a request for an extension for preliminary plat, Kingswood 3rd Addition. Aye: 5 Nay: 0 Gustafson moved, Pawlenty seconded, a motion to approve a waiver of plat for First Service of Hastings to permit a duplex lot split for Lot 2, Block 2, of Oakwood Heights 2nd Addition, subject to all applicable Code requirements, a common wall maintenance and repair agreement, and a requirement that when the buildings are repainted that they remain one color. Aye: 5 Nay: 0 R 90.27 Wachter moved, Pawlenty seconded, a motion to approve a waiver of plat for Helen A. Clapp to permit a duplex lot split for Lot 13, Block 1, of Oakwood Heights 2nd Addition, subject to all applicable Code requirements, a common wall maintenance and repair agreement, and a requirement that when the buildings are repainted that they remain one color. Aye: 5 Nay: 0 R 90.28 With the arrival of Mr. Christensen, the City Council then addressed Item B. of Old Business Page 10 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 OLD BUSINESS (continued) DRAINAGE PROBLEM COUNTRY HOME HEIGHTS ADDITION 00137 The City Administrator reported that the City had received letters from residents in the Country Home Heights Addition regarding continued drainage and erosion control problems. The City Administrator said that the problems were related to the lack of measures that normally control storm water, such as, storm sewer and curb and gutter, Mr. Joe Christensen, a resident in Country Home Heights, then gave background information on the issue. Mr. Christensen said that the problem has been chronic and occurring on a regular basis since he has been in the neighborhood for the past 10 -11 years. He said there is a low area which floods in the spring before the frost leaves the ground. He reported that when the ground thaws, the drainage is improved. He said that rainwater ponds in the park and on his property. He said at times the water is as deep as 3' -4'. Besides the safety factor, Mr. Christensen said it destroys his lawn each year. He then went on to say that there had been talk in the neighborhood of upgrading streets with gutter; however, there were a lot of views on the subject but little agreement. He personally leaned toward the improvements but the main problem is the drainage problem. Mr. Christensen said they had petitioned to have it fixed eight years ago with two storm sewer proposals. He said at that time, the Council split and neither proposal passed. Mr. Christensen said he would provide an easement to the City without cost to allow the storm sewer to cross his property. His only condition would be that the City repair his driveway once it is traversed by the storm sewer. Councilmember Wacheter asked if there was flooding this year due to the large amount of rain we received before the frost was out of the ground. Mr. Christensen said the flooding occurs every year and while conditions may change, it is basically the same every year. He said that rain can cause temporary problems throughout the season; however, the worst is in the spring. Councilmember Wachter asked what the master plan proposed for this area. Assistant City Engineer Foertsch said it is normal procedure to wait for a petition from the residents and while the Capital Improvements Program (master plan) is in the works, it is not yet operational. McCrea moved, Pawlenty seconded, a motion to direct staff to prepare a feasibility report for storm sewer only for the Country Home Heights Addition and with the receipt of the feasibility report, set a public hearing for its consideration. Aye: 5 Nay: 0 Page 11 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 00138 NEW BUSINESS (continued) VARIANCES /JOSEPH CONNOLLY ADDITION Gustafson moved, Wachter seconded, a motion to approve setback variances for the Joseph Connolly Addition. Aye: 5 Nay: 0 OUTSIDE WATER USE CONSERVATION PROGRAM The City Administrator discussed the background on this item. He said that for the past three years, the City had implemented a seasonal outside water use restriction from June 1 to September 1. He reported that in evaluating the effects of the 1989 preplanned water use restriction, the City was able to maintain adequate water supply and reserves for the entire community during the construction season and another summer of extended dought. However, the City Administrator wanted to point out that this was not being proposed due to shortcomings of the water distribution system but solely as a conservation measure. Mr. Bill Duggin then addressed the Council and questioned whether the June 1 to September 1 restriction should be a permanent, year round conservation move. Mr. Duggin cited the fact there had already been grass fires this spring and no one could predict what else lies ahead. He stressed the importance of conservation and felt it was a statement the City should make. Wachter moved, Gustafson seconded, a motion to approve the implementation of an outside water use conservation program for lawn sprinkling on a permanent, year round basis, effective June 1, 1990, with annual, spring notification to residents reminding them of the program. Aye: 5 Nay: 0 TRANSPORTATION CORRIDOR STUDY YANKEE DOODLE ROAD The Director of Community Development said the Metropolitan Council had recommended that the City conduct a comprehensive transportation corridor study of Yankee Doodle Road between Lexington Avenue and Pilot Knob Road. He said the Met Council is recommending that this study take place because of the O'Neil Planned Development and other developments which will use Yankee Doodle Road such as West Publishing and Eagan Corporate Center. The Director of Community Development estimated the cost of the study to be $15- $20,000, with $28,000 budgeted for this purpose. After discussion, Pawlenty moved, McCrea seconded, a motion to approve the authorization to conduct a Comprehensive Transportation Corridor Study at Yankee Doodle Road between Lexington Avenue and Pilot Knob Road including an analysis of the impact of development in the area on I -35E interchanges and appropriate mitigative measures. Aye: 5 Nay: 0 Page 12 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 PRELIMINARY PLAT /UNISYS PARR 2ND ADDITION The Director of Community Development reported that the Unisys Campus was originally platted in 1983 as the Sperry Park Addition containing two lots: one allowing multiple buildings on a single lot and the other, the City's water tower. He said in 1988, the site was replatted into four lots: one for each of the three buildings on the site and one for the water tower. He said this was done to provide the potential for individual ownership of each lot if they were ever sold. He went on to say that this proposal will split the existing Lot 4 into two lots. Lot 1 will contain the existing CSD facility and Lot 2 will be platted as a buildable lot. The Director of Community Development said as with the 1988 replat, there will be no construction as a direct result of this platting process. Mr. Dick Peterson of Unisys was available for questions. Gustafson moved, Wachter seconded, a motion to approve a preliminary plat entitled, Unisys Park 2nd Addition, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2, B3, B4, and G1. 2. The development will be required to provide assurance to the City of Eagan, either by appropriate easements on the plat or by executing the appropriate agreement, that future well site needs on the Unisys property will be provided for in accordance with the City's Comprehensive Water Supply and Distribution Plan. 3. The development will be required to provide assurance, either by the appropriate easement on the plat or by executing the appropriate agreement, of provisions for storm sewer requirements as identified in the City's Comprehensive Storm Drainage Plan. 4. The development shall provide appropriate easements for vehicle access between the lots in the Unisys campus. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA LEXINGTON /DIFFLEY SITE 1990 LAND RENTAL AGREEMENT 40139 As background, the City owns approximately 34 acres at Lexington and Diffley which have been rented in the past for growing and harvesting agricultural crops. Councilmember Wachter asked if the rent being paid this year was the same as last. The City Administrator replied that it was. Page 13 /EAGAN CITY COUNCIL MINUTES APRIL 17, 1990 Councilmember McCrea questioned whether or not the City should advertise to rent this property. After determining that there was sufficient time to advertise the rental of the property, City staff was directed to proceed with a request for proposal and place a notice in the newspaper. Councilmember Wachter recommended that the proposals be ready for consideration at the next Council meeting on May 1. Wachter moved, McCrea seconded, a motion to advertise land rental for agricultural uses for the Lexington /Diffley site with the proposals to be presented at the May 1 City Council meeting. Aye: 5 Nay: 0 EXEMPTION FROM LAWFUL GAMBLING LICENSE TRANSPORTATION CLUB OF ST PAUL MINNEAPOLIS The City Administrator said that the Transporation Club of St. Paul and Minneapolis, represented by Mr. Dennis Ellingson, was requesting an application for Exemption from Lawful Gambling License. He said this would be the final drawing in a program previously approved by the City Council on December 5, 1989. The Club is also requesting a waiver from the State Gambling Control Board of the 60 -day waiting period. Gustafson moved, Pawlenty seconded, a notion to approve an application for the Transportation Club of St. Paul and Minneapolis for exemption from lawful gambling license and a waiver from the State Gambling Control Board of the 60 -day waiting period. Aye: 5 Nay: 0 RESIGNATION /SANDRA WENBMANN ADVISORY PARKS RECREATION COMMISSION 00140 The City Administrator then said the City had received a letter from Sandra Wensmann who is resigning from the Advisory Parks Recreation Commission. Pawlenty moved, Wachter seconded, a motion to accept the resignation of Sandra Wensmann and to pursue replacement through the lists of those who have expressed interest in the past. Aye: 5 Nay 0 CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated March 31, 1990, in the amount of $2,084,055.69 and the checklist dated April 17, 1990, in the amount of $561,963.72. Aye: 5 Nay: 0 EXECUTIVE SESSION /ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider attorney /client privileged information at 9:45 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session was adjourned at 10:45 p.m. CITY OF EAG anOverbeke, City Clerk KF