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10/08/1992 - City Council Regularr.r 62 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota Thursday, October 8, 1992 A regular meeting of the Eagan City Council was held on Thursday, October 8, 1992, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Awada, McCrea, and Pawlenty. Absent was Councilmember Wachter. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and Assistant City Attorney Annette Margarit. ........................... City Administrator Hedges noted that because of the expected public testimony regarding Department Head Business, Public Works Item 1, Petition for Children at Play Sign - Fairway Hills Drive, the issue was continued until after Public Hearings. Also, Consent Agenda Item P, Final Plat, Poppler Homestead, was continued to the October 20, 1992, regular City Council meeting; and Item S, Rescind Action Placing Statutory Plan B Form of Government on November Ballot was added. Pawlenty moved, Awada seconded, a motion to approve the agenda for the October 8, 1992, regular City Council meeting as amended. Aye: 4 Nay: 0 Pawlenty moved, Awada seconded, a motion to approve the minutes of the September 17,1992, regular City Council meeting as presented. Aye: 4 Nay: 0 POLICE DEPARTMENT /HUNTING PERMIT McCrea moved, Pawlenty seconded, a motion to approve a special hunting permit for Kevin McGrath for the bow hunting of deer on property located at 3335 Sibley Memorial Highway as presented. Aye: 4 Nay: 0 Councilmember Awada asked that Item A, Hiring of Seasonal Dog Obedience Instructor, be looked at next year as a service that should be provided by the private sector. A. Personnel Items Item 1. Seasonal Dog Obedience Instructor - -It was recommended that Jann Matuseski be hired as a seasonal Dog Obedience Instructor. B. License. Cigarette /Walgreens. Cliff & Rahn Road It was recommended that a cigarette license for the Walgreens Drug Store at Cliff and Rahn Roads be approved. C. Election Judges for the November 3. 1992. General Election It was recommended that the list of election judges for the November 3, 1992, General Election be approved as presented (Exhibit A). ®C fw rA Page 2 /EAGAN CITY COUNCIL MINUTES October 8, 1992 D. Removal of Special Assessment /Donald and Mary O'Hearn It was recommended that a resolution removing a special assessment from parcel #10- 58501- 060-00 for Donald and Mary O'Hearn be approved as presented R -92.89 E. Adoption of Revised Gun Club Lake Watershed Management Organization Joint Powers Agreement It was recommended that the revised Gun Club Lake Watershed Management Organization Joint Powers Agreement be approved as presented. F. Approval. 1993 MAC Part LSO Land Use Compatibili _ Eagan Participants It was recommended that the Eagan participants for the 1993 MAC Part 150 Land Use Compatibility program be approved as presented. G. Contract 92 -07. Acknowledge Completion /Authorize Final Payment (1992 Seal Coating) It was recommended that the second and final payment for Contract 92 -07 (1992 Sealcoating) be approved for Allied Blacktop Company in the amount of $10,800.34 and the improvement accepted for perpetual maintenance subject to appropriate warranty provisions. H. eject 619. Acknowledge Completion (Saddlehorn Addition - Streetlights) It was recommended that the completion of Project 619 (Saddlehorn Addition - Streetlights) be acknowledged I. Maintenance Improvement. Acknowledge Completion /Authorize Final Payment ankee Doodle Reservoir - Emergency Repair It was recommended that the completion of Yankee Doodle Reservoir emergency repair contract be acknowledged and the second and final payment authorized to Ryan Contracting, Inc., in the amount of $6,087.35. J. Contract 92 -06. Acknowledge Completion /Authorize Final Payment Johnny Cake Ridge Road & Cedar Industrial Park - Street Rehabilitation It was recommended that the second and final payment of $91,277.01 to McNamara Construction for Contract 92-06 (Cedar Industrial Park & Johnny Cake Ridge Road - Street Rehabilitation) be approved and perpetual maintenance authorized subject to appropriate warranties. K Contract 91-06. Acknowle a Com leR tion /Authorize Final Payment agandale Center Industrial Park 3rd & 4th Addition - Street Rehabilitation It was recommended that the fourth and final payment of $28,191.05 to McNamara Construction for Contract 91-06 (Eagandale Center Industrial Park 3rd & 4th Addition - Street Rehabilitation) be approved and perpetual maintenance authorized subject to appropriate warranties. Page 3 /EAGAN CITY COUNCIL MINUTES October 8, 1992 L. Contract 88 -YY. Acknowledge Completion /Authorize City Maintenance (Suncrest Addition - Streets Util It was recommended that the completion of Contract 88 -YY, (Suncrest Addition - Streets & Utilities) be acknowledged and the improvements accepted for perpetual maintenance subject to appropriate warranty provisions. M. Project 622, Receive Final Assessment Roll /Order Public Hearing (Cedar Industrial Park - Street Rehabilitation It was recommended that the final assessment roll for Project 622 (Cedar Industrial Park - Street Rehabilitation) be received and a public hearing scheduled to be held on November 5, 1992. N. Project 608. Receive Final Assessment Roll /Order Public Hearing (Eagandale Center Industrial Park 3rd & 4th Addition) It was recommended that the final assessment roll for Project 608 (Eagandale Center Industrial Park 3rd & 4th Addition - Street Rehabilitation) and a public hearing scheduled to be held on November 5, 1992. O. Vacate Drainage & Utility Easement. Receive Petition /Order Public Hearing (Lot 10. Block 7. Zehnder Acres It was recommended that the petition for the vacation of a drainage and utility easement (Lot 10, Block 7, Zehnder Acres) be received and a public hearing scheduled to be held November 5, 1992. P. Final Plat. Poppler Homestead No. 2 It was recommended that the final plat for the Poppler Homestead No. 2 be continued to the October 20, 1992, regular City Council meeting. Q. Final Plat. Deerwood School Second Addition It was recommended that the final plat for the Deerwood School Second Addition be approved. R -92.90 R. Resolution Giving Host Approval to the Issuance of Health Care Revenue Bonds. Series 1992 ,(Group Health Plan, Inc.. Project It was recommended that the resolution giving host approval to the issuance of health care revenue bonds, Series 1992 (Group Health, Inc., Project) be approved as presented. R -92.91 S. Rescind Action Placing_ Statutory Plan B Form of Government on November Ballot It was recommended that City Council action of September 17, 1992, placing the Statutory Plan B form of government on the November ballot, be rescinded. Pawlenty moved, Awada seconded, a motion to approve the Consent Agenda of the October 8, 1992, regular City Council meeting as amended. Aye: 4 Nay: 0 0 I �- r 1,:,� Page 4/EAGAN CITY COUNCIL MINUTES October 8, 1992 CITY ADMINISTRATOR/BLAIR CELEBRITY CLASSIC Mayor Egan introduced the item and City Administrator Hedges provided the background. Councilmember McCrea said the additional information had clarified the issue and was assured that the event would not interfere with any scheduled for Eagan residents. City Administrator Hedges noted that a major tournament is traditionally held at Northview Park on that weekend but Rahn Athletic Field would be available. Awada moved, Pawlenty seconded, a motion to approve a request by Matt Blair Celebrity Classic to utilize Rahn Athletic Field for a Celebrity Classic on June 12, 1992, with the proceeds of the Celebrity Classic benefitting Cities and Schools, Inc. (CIS). Aye: 4 Nay: 0 CITY ADMINISTRATOR /DNR GRANT AWARD Mayor Egan introduced this item as a grant award to implement landscaping/buffer planting at the Eagan Municipal Center Building. After asking a number of questions about funding, it appears the City will receive a good return on its investment. Mayor Egan recommended that plantings be carefully installed to avoid disruption with any future expansion of the Municipal Center. McCrea moved, Pawlenty seconded, a motion to approve a grant agreement for community forestry assistance in the City of Eagan for a $5,000 grant for fiscal year 1993 from the Minnesota Department of Natural Resources. Aye: 4 Nay: 0 CITY ADMINISTRATOR/LETTER OF SUPPORT Mayor Egan introduced this item as a request for a letter of support/Community Grant. City Administrator Hedges described the service project Sheryl Casey and the Girl Scouts Eagan West Service Unit is coordinating to discourage smoking among minors. McCrea moved, Pawlenty seconded, a motion to approve a letter of support for a Dakota County Community Grant as requested by Sheryl Casey. Aye: 4 Nay: 0 CITY ADMINISTRATOR /PROCLAMATION Mayor Egan introduced this item as a proclamation for Dr. Polly Reikowski Day. Pawlenty moved, Awada seconded, a motion to proclaim Friday, October 9,1992, as Dr. Polly Reikowski Day in the City of Eagan. Aye: 4 Nay: 0 R-92. 9 2 FINAL ASSESSMENT HEARING /DELINQUENT WEED NOTICES Mayor Egan introduced this item as the final assessment hearing for delinquent weed notices. There was no one in the audience who wished to address this issue. Pawlenty moved, Awada seconded, a motion to close the public hearing and approve the final assessment roll for delinquent weed notices and authorized its certification to the County for collection. Aye: 4 Nay: 0 Page 5/EAGAN CITY COUNCIL MINUTES October 8, 1992 FINAL ASSESSMENT HEARING /OAKS OF BRIDGEWATER 2ND ADDITION Mayor Egan introduced this item as Project 610, final assessment hearing for the Oaks of Bridgewater 2nd Addition - Streets & Utilities. Director of Public Works Colbert said the assessments had been reviewed with the developer and all notices published in the legal newspaper and sent to all affected property owners. He said staff had not received any objection to the roll. No one was in the audience who wished to address this item. McCrea moved, Pawlenty seconded, a motion to close the public hearing and approve the final assessment roll for Project 610 (Oaks of Bridgewater 2nd Addition) and authorized its certification to Dakota County. Aye: 4 Nay: 0 FINAL ASSESSMENT HEARING/WILLBROOK ADDITION Mayor Egan introduced this item as Project 613, final assessment hearing for the Willbrook Addition - Streets & Utilities. Director of Public Works Colbert said the assessments had been reviewed with the developer and all notices published in the legal newspaper and sent to all affected property owners. He said staff had not received any objection to the roll. No one was in the audience who wished to address this item. McCrea moved, Pawlenty seconded, a motion to close the public hearing and approve the final assessment roll for Project 613 ( Willbrook Addition - Streets & Utilities) and authorized its certification to Dakota County. Aye: 4 Nay: 0 REFUNDING /CINNAMON RIDGE PROJECT Mayor Egan introduced this item as proposal to issue refunding bonds or notes to prepay and redeem the City's $11,350,000 multi- family housing revenue bonds (Cinnamon Ridge Project) Series 1985. City Administrator Hedges explained the background of the bond issue and introduced Jim Dinnerstein of Dain Bosworth. Mr. Dinerstein, representing the applicant, was available to answer any questions. Awada moved, McCrea seconded, a motion to approve the resolution authorizing the issuance of multi- family housing revenue refunding bonds for the Cinnamon Ridge Project. Aye: 3 Nay: 1 ( Pawlenty) R -92.93 Awada moved, McCrea seconded, a motion to approve a resolution entitled "Final Note Resolution" for multi- family housing revenue mortgage refunding note of 1992. Aye: 3 Nay: 1 ( Pawlenty) R-92.94 RECESS At approximately 7:20 p.m. the regular meeting of the Eagan City Council was recessed in order to convene a meeting of the Eagan Housing and Redevelopment Authority. RECONVENE At approximately 7:25 p.m. the regular meeting of the Eagan City Council was reconvened. PUBLIC WORKS /PETITION Mayor Egan introduced this item as a petition for Children at Play signs on Fairway Hills Drive. Page 6/EAGAN CITY COUNCEL MINUTES October 8, 1992 Director of Public Works Colbert provided a brief history of this request and the City's policy regarding installation of Children at Play signs. Mr. Colbert explained that if a request does not meet the criteria for sign installation, the petition is then forwarded to the City Council for their review. Mark Selby, 4672 Fairway Hills Drive, emphasized the increased traffic on Fairway Hills Drive. Mr. Selby said the neighborhood's original thought was that Children at Play signs would be the most appropriate; however, signs directing park traffic away from the neighborhood may also alleviate the problem. Councilmember McCrea asked Director of Public Works Colbert what the warrants were for installing Children at Play signs. Mr. Colbert said City policy has been to install signs wherever children are not expected and to make drivers aware of unusual conditions. Mr. Colbert noted that because there are children in every neighborhood, signs would have to be posted on every street. Such an overabundence of signs would negate their benefit. Mark Hager, 4648 Fairway Hills Drive, said that because Fairway Hills Drive runs straight for about four blocks without interruption, it provides an oppportunity for drivers to pick up speed. He asked that the City be proactive in addressing this problem instead of being reactive. Director of Public Works Colbert reported that the Police Department had performed a traffic sampling and their study had shown that approximately two-thirds of drivers were over the speed limit and traffic increased significantly when there were activities in the park. After additional discussion, the Council noted that because there are no sidewalks on Fairway Hills Drive and because it is being used as a major entrance to George Ohman Park, an exception could be made to policy regarding Watch for Children signs. City Administrator Hedges said the suggestion would also be made to the Eagan Athletic Association that parents not use this entrance on game days. McCrea moved, Awada seconded, a motion to approve the petition for Watch for Children signs on Fairway Hills Drive at both its intersections with St. Andrews Boulevard. Mayor Egan said he believed the warrants for this signage were present; however, if in the future there are requests that were found not to be within the City's warrants, the City may consider installing the signs with the benefitting parties paying the costs. Aye: 4 Nay: 0 ASSESSMENT RATE AGREEMENT /LUM IEW TRAILS ADDITION Mayor Egan introduced this item as Project 635, Assessment Rate Agreement, Lakeview Trails Addition - Streets & Utilities. Assistant City Attorney Annette Margarit said the City Attorney's office had met with the affected property owners in an attempt to negotiate an agreement regarding the assessments for Project 635. She said that after meeting, it appears there is a difference of opinion as to Council's direction. Staff's understanding is that the Council expected the assessments to be paid in full, with half paid now and half paid at the time of connection to the system. She said the homeowners, however, expect to pay only half of the assessments, with one - fourth now, and the other fourth at the time of connection. The Council agreed that while there was sympathy for the property owners' situation, they had not agreed to a 50% reduction in the amount of the assessments. City Attorney Margarit stated that she would take this information back to the property owners, and if it was not acceptable, the residents had the right to appeal. Page 7/EAGAN CITY COUNCIL MINUTES October 8, 1992 ' . r .. i. t Director of Public Works Colbert noted that if agreement is not reached, no further action need be taken until the final assessment hearing. CITY CODE AMENDMENT /SPECIAL VEHICLE USE Mayor Egan introduced this item as an ordinance amendment to the Eagan City Code, Chapter 8, Traffic Regulations, special vehicle use by handicapped. City Administrator Hedges advised the Council that this item would be continued for further study. Councilmember Pawlenty asked that staff check to see if the word, "handicapped," is outdated. Awada moved, Egan seconded, a motion to continue indefinitely an ordinance amendment to Eagan City Code Chapter 8, Traffic Regulations, Special Vehicle Use by Handicapped. Aye: 4 Nay: 0 PUBLIC RIGHT -OF -WAY SETBACK /RON VESCAVAGE Mayor Egan introduced this item as a variance for Ron Vescavage of 15' to the 30' required setback from public right of way, located at Lot 8, Block 2, Ridgecliffe First Addition. Director of Community Development Runkle provided background on the item and noted that staff was directed to work with the applicant which has resulted in a revised plan with a request for a 1T versus a 15' variance. In response to a question as to hardship, the applicant said he has run out of room and needs additional space for his work. Mr. Vescavage said he had changed his plans and was extending the existing garage and driveway in response to Council's concerns about a detached garage with its own access onto another street. Awada moved, Egan seconded, a motion to approve a variance for Ron Vescavage of 12 feet to the 30 foot required setback from public right -of -way located at Lot 8, Block 2, Ridgecliffe First Addition and subject to the following conditions: 1. No additional accessory structures shall be permitted. 2. No access from Bamble Circle shall be permitted. 3. No other variances shall be approved. 4. All applicable City Codes. Aye: 4 Nay: 0 LEXINGTON ADDITION/LAND USE STUDY Mayor Egan introduced this item as Lexington Addition/RTC Property, Land Use Study. Director of Community Development Runkle said that an analysis had been performed on this property and staff was requesting a public hearing be held to consider a Comprehensive Guide Plan Amendment and rezoning for the subject property. Mr. Runkle advised that the analysis had brought an additional five acres of adjacent AG zoned property to light which should also be included in the public hearing. Councilmember McCrea asked if the property was subject to airport noise. Mr. Runkle advised that technically, it was out of the noise contour. He went on to say that notices had been sent to adjacent property Page 8/EAGAN CITY COUNCIL MINUTES October 8, 1992 owners and the proposed changes will be discussed with them prior to the public hearing. There was no one in the audience who wished to address the issue. Pawlenty moved, Awada seconded, a motion to accept the land use study and direct that it be placed on the October 27, 1992, Advisory Planning Commission agenda for a public hearing to consider a Comprehensive Guide Plan amendment and rezoning of the RTC property, Leidngton Addition. Aye: 4 Nay: 0 RECEIVE BIDS /AWARD CONTRACT (POPPLER ADDITION) Mayor Egan introduced this item as Contract 92 -12, Receive Bids /Award Contract (Doppler Addition - Streets & Storm Sewer). Because the final plat for Poppler Homestead No. 2 was continued, action on this item was also continued. McCrea moved, Awada seconded, a motion to continue award of Contract 92 -12 (Doppler Addition - Street & Storm Sewer) to the October 20, 1992, regular City Council meeting. Aye: 4 Nay: 0 APPROVE CHANGE ORDER #1 (POPPLER ADDITION) Mayor Egan introduced this item as Contract 92 -12, Approve Change Order #1, Poppler Addition - Streets & Storm Sewer. Because the final plat for Poppler Homestead No. 2 was continued, action on this item was also continued. McCrea moved, Pawlenty seconded, a motion to continue consideration of Change Order #1 to Contract 92 -12 (Poppler Addition - Streets & Storm Sewer) to the October 20, 1992, regular City Council meeting. Aye: 4 Nay: 0 CANCEL PROJECT Mayor Egan introduced this item as cancellation of Project 642, Crestridge Drive. Director of Public Works Colbert indicated that the public improvement process will be cancelled with the developer proceeding privately with the improvements. Pawlenty moved, Awada seconded, a motion to cancel Project 642, Crestridge Drive. Aye: 4 Nay: 0 ........... ............................... LIQUOR LICENSE /CHILI'S Mayor Egan introduced this item as a license for on -sale liquor, Chili's Southwest Bar & Grill, Duckwood Crossings. City Administrator Hedges stated that the application had been reviewed and the City's Police Department found no reason to deny the license. McCrea moved, Awada seconded, a motion to approve an application for an on -sale liquor license for Chili's Restaurant located at Lot 2, Block 1, Duckwood Crossings. Aye: 4 Nay: 0 SPECIAL USE PERMIT /BOY SCOUT TROOP #510 Mayor Egan introduced this item as Special Use Permit, Wendy Porter, d.b.a. Boy Scout Troop #510, for the temporary sale of Christmas trees on Outlot A, Town Centre 70 - 11th Addition, located in the NW 1/4 of Section 15. Page 9 /EAGAN CITY COUNCIL MINUTES October 8, 1992 McCrea moved, Pawlenty seconded, a motion to approve a special use permit for Wendy Porter, d.b.a. Boy Scout Troop #510, for the temporary sale of Christmas trees on Oudot A, Town Centre 70 - 11th Addition and subject to the following conditions: 1. This permit is temporary and shall expire January 1, 1993. 2. All applicable City Code requirements. Aye: 4 Nay: 0 SPECIAL USE PERMIT /BOY SCOUT TROOP #345 Mayor Egan introduced this item as a Special Use Permit for Valerie Tinker, d.b.a. Boy Scout Troop #345, for the Temporary Sale of Christmas Trees on Outlot D, Park Center Addition, Located in the SW 1/4 of Section 30. McCrea moved, Pawlenty seconded, a motion to approve a special use permit for Valerie Tinker, d.b.a. Boy Scout Troop #345, for the temporary sale of Christmas trees on Outlot D, Park Center Addition and subject to the following conditions: 1. This permit is temporary and shall expire January 1, 1993. 2. All applicable City Code requirements. Aye: 4 Nay. 0 SPECIAL USE PERMIT /KEY DESIGN Mayor Egan introduced this item as a special use permit for Key Design, for a temporary advertising sign for St. Thomas Becket Church on Parcel #10- 02500- 010 -75, located in the SE 1/4 of Section 25. Director of Community Development Runkle described the application. Pawlenty moved, Awada seconded, a motion to approve a special use permit for Key Design for a temporary advertising sign for St. Thomas Becket Church on parcel #10- 02500 -010 -75 and subject to the following conditions: 1. The sign shall be placed at least 10 feet from all property lines. 2. The sign shall be subject to the one -time sign fee of $2.50 per square foot. 3. The sign shall be removed upon completion of Phase I church construction. Aye: 4 Nay: 0 VARIANCE /SIDE YARD POOL SETBACK Mayor Egan introduced this item as a variance for Gene Studt, of 5' to the required 5' sideyard pool setback on Lot 10, Block 1, Chatterton Ponds, Located in the SW 1/4 of Section 22. Director of Community Development Runkle said that a request had been received from the applicant to continue this item. Page 10 /EAGAN CITY COUNCIL MINUTES October 8, 1992 Pawlenty moved, Awada seconded, a motion to continue indefinitely a variance for Gene Studt of 5' to the required 5' side yard pool setback on Lot 10, Block 1, Chatterton Pond. Aye: 4 Nay: 0 VARIANCE/EAGAN ROYALE Mayor Egan introduced this item as a variance for Mentor Development, of 25' to the required 50' setback from interstate right -of -way for Lot 19, Block 2, Eagan Royale, located in the SE 1/4 of Section 31. Director of Community Development Runkle reported that the topography and shape of the parcel had prompted the request for a variance. Larry Vossen of Meritor Development stated that a "regular" shaped house will not fit on this lot and the buyer wants to design the house to fit the lot. He said that no trees will be harmed because of the variance and all adjacent lot owners have been notified. Mr. Vossen added that a variance was granted to the owner of the lot across the street from this property. When asked why the lot was designed in this manner to begin with, Mr. Vossen stated that the angle of the freeway had dictated the layout of the lot. Pawlenty moved, Awada seconded, a motion to approve a variance for Mentor development of 25' to the required 50' setback from interstate right -of -way for Lot 19, Block 2, Eagan Royale, and subject to the following condition: 1. All applicable City Codes. Aye: 4 Nay: 0 WAIVER OF PLAT /LEO MOGOL Mayor Egan introduced this item as a waiver of plat for Leo Mogol, in order to split Parcel 040-12 for individual ownership located on the southeast side of Beau D'Rue Drive in the NE 1/4 of Section 19. Director of Community Development Runkle stated that the waiver is being requested in order to split the property for individual ownership. He said that the residential land use is not consistent with the existing commercial zoning or the Comprehensive Land Use Guide Plan and dividing the property may or may not help in its development. Mr. Runkle explained that a waiver was being requested rather than a rezoning as staff does not believe this to be the final solution for this property. Mark Parranto, representing the owner of the property, provided a brief history of the property and noted that nothing is changing except the individual ownership. Awada moved, Pawlenty seconded, a motion to approve a waiver of plat for Leo Mogol in order to split Parcel 040-12 for individual ownership located on the southeast side of Beau D'Rue Drive. Mr. Parranto asked for clarification of whether or not water quality requirements would have to be met. After discussion of the zoning of the property, it was recommended that Condition #5 be deferred to a later date and the earlier motion was changed to read: McCrea moved, Awada seconded, a motion to approve a waiver of plat for Leo Mogol in order to split parcel 040-12 for individual ownership located on the southeast side of Beau D'Rue Drive subject to the following conditions: 1. Recording within 60 days of Council action and documentation provided to the City. Page 11 /EAGAN CITY COUNCIL MINUTES October 8, 1992 2. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right -of -way. 3. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 4. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 5. The cash dedication fees in addition to /in lieu of ponding requirements in accordance with the criteria identified in the City's Water Quality Management Plan were deferred until such time as the property is subsequently developed or formally platted. Aye: 4 Nay: 0 PRELIMINARY PLAT/TOBY STEVENS R -92.95 Mayor Egan introduced this item as a preliminary plat for Toby Stevens, consisting of one lot on approximately one acre of previously -zoned R-1 (Single Family) land located on the southeast side of Wuthering Heights Road in the SE 1/4 of Section 18. City Administrator Hedges advised the Council that the applicant had requested this item be withdrawn. McCrea moved, Awada seconded, a motion acknowledging the withdrawal of a preliminary plat application for Toby Stevens consisting of one lot on approximately one acre previously zoned R-1 (single family) land located on the southeast side of Wuthering Heights Road. Aye: 4 Nay: 0 CITY ADMINISTRATOR /RETIREE INSURANCE Mayor Egan introduced this item as retiree insurance, Police Association. As a point of clarification, it was noted that the provision of retiree insurance is mandated by the State with the only question being how much of its cost is paid by the City and for how long. City Administrator Hedges explained that some police officers are eligible for retirement at age 55, however, cannot afford to retire because of the insurance obligation. He said discussions had been held regarding setting up a fund wherein the difference in salaries would go into a fund to pay for the retiree's insurance. The difference in salaries was defined as the difference between the retiring officer's salary and the officer's replacement as well as the salary saved between the date of retirement and the date of replacement. Discussion continued as to the long -term costs to the City with the conclusion being that additional information is needed before a decision can be made. Councilmember Pawlenty suggested that other cities' approaches be included with the information. Awada moved, McCrea seconded, a motion to continue to the October 20, 1992, regular City Council meeting, further consideration of a proposal of the Police Association regarding retiree insurance coverage with the understanding that the Personnel Committee will meet in an attempt to formulate a resolution. Aye: 4 Nay- 0 PUBLIC WORKS/VACATE UTILITY EASEMENT Mayor Egan introduced this item as vacate utility easement, receive petition /order public hearing (Lot 4, Block 1, Hawthorne Woods 1st Addition). Page 12/EAGAN CITY COUNCIL MINUTES October 8, 1992 ©" 4 Pawlenty moved, Awada seconded, a motion to receive the petition to vacate all drainage and utility easements over Lot 4, Block 1, Hawthorne Woods 1st Addition, and schedule a public hearing to be held on November 5, 1992. Aye: 4 Nay. 0 PUBLIC WORKS /PROJECT 590 Mayor Egan introduced this item as Project 590, receive final assessment roll/schedule public hearing (South Pilot Knob Road - Streets & Utilities). Pawlenty moved, Awada seconded, a motion to receive the final assessment roll for Project 590 (South Pilot Knob Road - streets & utilities) and schedule a public hearing to be held on November 5, 1992. Aye: 4 Nay: 0 NO PARKING RESOLUTION/LEXINGTON AVENUE Director of Public Works Colbert advised the City Council that Dakota County had requested that the City take formal action regarding a small portion of Lexington Avenue which does not have a formal resolution addressing on -street parking. A copy of the proposed resolution is attached (Exhibit B). McCrea moved, Awada seconded, a motion approving a resolution banning the parking of motor vehicles on the east and west side of County Road 43 (Lexington Avenue - MSA 111) from Diffley Road to CSAH 32 (Cliff Road) at all times. Aye: 4 Nay: 0 R -92.96 DEER CONTROL /MIKE POLLOCK City Administrator Hedges advised that at the September 17,1992, regular City Council meeting, action was taken to conditionally approve the use of propane cannons to control deer on Eagan property leased by Mike Pollack, 1785 East 96th Street, Inver Grove Heights, Minnesota 55077. He stated that the condition of approval was that no noise complaints be received from neighboring property owners. Mr. Hedges reported that approximately 18 complaints had been received in a 24 hour period and a letter asking Mr. Pollack to shut down effective October 8, 1992, was sent by messager to Mr. Pollack's home. DRIVING RANGE /MIKE KING City Administrator Hedges informed the Council that Mike King had asked that he present a letter to the City Council regarding a proposal for an enclosed golf driving range. Mr. King had intended to address the Council but was unable to attend the meeting. After discussion it appears that Mr. King's request is a zoning issue and it was recommended that Mr. King work with staff and follow the process. CHANGE ORDER #1 /CITY COUNCIL CHAMBERS After the Council voiced concerns that the work performed in this change order should have been provided in the design phase, Pawlenty moved, Awada seconded, a motion approving Change Order #1 for up to $400 for recessing the monitors on the "wing" areas of the City Council dais. Aye: 4 Nay: 0 PERSONNEL COMMITTEE MEETING Awada moved, McCrea seconded, a motion to schedule a Personnel Committee meeting for October 20, 1992, at 5:30 p.m. Aye: 4 Nay: 0 Page 13/EAGAN CITY COUNCIL MINUTES October 8, 1992 CHECKLIST Egan moved, Pawlenty seconded, a motion to approve the checklist dated September 30, 1992, in the amount of $1,852,051.87 and the checklist dated October 6, 1992, in the amount of $924,977.20. Aye: 4 Nay: 0 ADJOURNMENT The regular meeting of the Eagan City Council was adjourned at 8:52 p.m. CITY OF EAGAN E. anOverbeke City Clerk r14-A VELYN COTA AWE PLOTT SHARON BRUCE PAT KAEDER HELEN KENNEDY WILLIAM GUELCHER BARBARA SHIELDS LED AMUNDSON MARY KELLNER IAENE WACHTLER RUTH TWOMEY DONN KIRC IGATTER ORLEAN GARNESS GARY DODGE PHYLLIS NEChMLLE ROBERT ZIMMERMAN ELIZABETH BASSETT JIM KENNEDY JEREMY YARWOOD ARLENE LEISEL JUDY SALM MARIE LANE OLIVER MCCULLOCH STEPHEN OLSON KAY DODGE JANET SCHUETZE LINDA BUCHANAN TERRY MESTNIK ANNE SULLIVAN ELEANOR GRIMMER 'AROLEE JONES NEB SHAY AGIE FLYNN BARBARA SCHREINER LORRAINE RIEGER CAROL SUE CRUZ JACK SWAN SUSAN KRETZMANN LUCIA JOHNSON YVONNE KRISNIK ALYCE BOLKE DICK BEATTY MAUREEN PREBELICH JAN GIEFER BERNADINE GOESS FRANK HAMERNIK JAMES KLASEUS JIM DRISCOLL DOROTHY PETERSON BEATRICE COOPER PAMELA HOCHHALTER HELEN JARVI MARILYN HOLM KAREN DARE JUDY MUNDAHL CHARLOTTE O'DONNELL VICKIE JABBRA CAROLYN THURSTON JUNE NELSON MARIE DESIJWRIER 1EN RAINFORD AN COFFEY AM PETERSON WARY TESKE LOIS AGRIMSON IONA RAY FLORENCE MULLEN BEVERLY LINE CYNTHIA VOELKE MARIE OVEFBY VIRGINIA ZEITZ ELAINE JONES SARA TIDRICK JULANN KELLER JACK LATTEN STELLA LUNDOUNST HELEN OLSON ROBERTA SMITH MARGARET PELLERIN VMAN DATE ARHTUR PAULSON GLORIA PAULSON KAY GRABNER JOHN GLYNN EVELYN OTTERNESS ANN THOMAS MICHELLE DICK WALTER LAWRENCE EMILY RODICH VIRGINIA NICOLAY JUDY HANSEN MARY FLEMING PENNY JOHNSON CAROL DILLE ELAINE FISCHER PAT LARSON ANNELISE HOLM T • 0 c —• • Al" : 7' c • •r REIPLIBLICAN ANN OUFADNIK BARB EDGERTON POSE VIMR TERRI BERK NESS MI.DRED HARTLE AURELIA POPPLEI ELEANOR KEEGAI BOB VOGEL TRACY JONES MARILYN I EGI.ER .JUDY HAWLEY KAREN FLOOD RUNE KREIDBERC JUNE KETCHAM CJAROLVENIA RICH LORRAINE BUNKE MARK OLSON JOSEPHINE THOd GROVER BELLILE JIM DECH BONNIE TRANSY LYLE SEVERSON JOAN BOHLIG SUE OLSON MARILYN PORTER JEAN KIMBER NITA SWAN KIM EDSON KAY URTZ c i31 _ 77 NONA DAVIS TOM PEDERSON MARGE JACOBS JENNY BAKER AMY 10 ISLE ELIZABETH HANELY KRISTIN HARREN LAURA KINSELL JENNIFER BALDUS AARON BROWNE CARRIE HATFIELD KARRI FOSNOW MANDY HANKERSON HEATHER WALL JULIE 8004M BETH BEECHER KEN PETRASHEK ERIC CARNEY BEN HALASH MIKE HOEY FAITH ZIMMIZIMAN JULIE MAT nm JEAN HARMON AURELIA PETERSON LYNN PRAZAK CAROL RICHTER MARY JANE LAROCK ROSEMARY TEAFORI KAREN FACTOR fIOBERT MILLER .EANNE KOEHLER PHYLLIS MANTHEY CHUCK L ANGNICKEL JOYCE LANGNICKEL RICHARD IFFERT TRUDY ZLfiMERMAN MARY HAGBERG ZELLA MIiICK NANCY SEVERSON LESLIE STANAWAY MARY HALL DONALD SEKTNAN DONALD LUND GLAM BYRNES PATTI BENJAMIN NANCY HAMMEL BARB L INERT BARB NUTTALL CATHY BROST EMILY MEDIN ELEVYN LISS MARY HANSEN DANN ENGLE JANICE PARKER CHERYL OSCARS PHYLLIS LIGMAN NORMA WADE SONYA LARSON CAROL VIHOVDE SHARON LINDHOI PAUL YOUNGNER DON HANSEN WILLIAM SKAR BRIAN STANAWAY ERIC LOCKFART Z, CITY OF EAGAN NO PARKING RESOLUTION City Street Proi From To Diffley Road 607 Blueberry Lane TH 3 (CSAH 30) Lexington Avenue (County Rd. 43 - MSA 111) 607 Diffley Cliff Road THIS RESOLUTION, passed the 8th day of October, 1992, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City ". WHEREAS, these improvements do not adequate width for parking on both sides of County Road 43 (Lexington Avenue - MSA 111); approval of the proposed construction as a State Aid Street Project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a State Aid project in the "City" has been determined. NOW, THEREFORE, BE IT HEREBY RESOLVED that the "City" shall ban the parking of motor vehicles on the east and west side of County Road 43 (Lexington Avenue - MSA 111) from Diffley Road to CSAH 32 (Cliff Road), at all times. Motion made by: Pam McCrea CITY OF EAGAN Seconded by: Pat Awada CITY COUNCII: , Those in favor: 4 Those against: 0 Dated: October 8, 1992 By: 7 'c Attest. CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 8th day of October, 1992. E. anOverbeke, City Clerk