10/01/1991 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
FAGAN, CITY COUNCIL
Enna- Minnesota
October 1, 1991
A regular meeting of the Eagan City Council was held on Tuesday, October 1, 1991, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, and Pawlenty.
Councilmember McCrea was absent due to a funeral. Also present were City Administrator Hedges, Director
of Parks & Recreation Ken Vraa, Director of Public Works Tom Colbert, City Planner Jim Sturm, and City
Attorney James Sheldon.
NMI"
City Administrator Hedges advised the City Council that New Business, Item F, Waiver of Plat, Merila
& Associates, to Split Lot 8, Block 1, Bur Oak Hills 2nd Addition, Located Along Rolling Hills Court in the SE
1/4 of Section 12, was being withdrawn by the applicant. Because Public Hearin& Item A, Vacate Drainage and
Utility Easements, Lots 7, 8, and 9, Block 5, Bur Oak Hills 2nd Addition, was contingent upon the Waiver of
Plat, this item will be recommended for denial.
Wachter moved, Gustafson seconded, a motion to approve the agenda for the October 1, 1991, regular
City Council meeting as amended. Aye: 4 Nay. 0
Councilmember Pawlenty recommended the following change to the minutes of the September 16, 1991,
regular meeting:
Page 7, Paragraph 4, Sentence 1, insert the following after the word, "issue:" "regarding business signs
but not billboards. He a l s o indicated he (strike the word, "but") would "
Pawlenty moved, Wachter seconded, a motion to approve the minutes for the September 16, 1991,
regular City Council meeting as amended. Aye: 4 Nay: 0
NATOA AWARD
Mayor Egan recognized the National Association of Telecommunications Officers and Advisors
bestowing their first "President's Award for Chapter Excellence" on the Minnesota Association of Cable
Television Administrators. Coordinator Mike Reardon was commended for being the chapter's President at the
receipt of this award.
SPECIAL HUNTING PERMIT/DALE HUBER
Mayor Egan introduced this item as a special hunting permit for Dale E. Huber in the SW 1/4 of
Section 11. Councilmember Gustafson expressed concern that this is the second firearm permit issued "inside"
Highway 13. He said if this is permitted, he would prefer that this be the last year it is. Mayor Egan suggested
that some action to curb the permits be anticipated for next year; however, believed a uniform policy would have
to be applied in this instance. Councilmembers Pawlenty and Wachter agreed.
Gustafson moved, Egan seconded, a motion to approve a hunting permit for Dale E. Huber of 9703
Cavell, Bloomington. Aye: 4 Nay: 0
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October 1, 1991
SPECIAL HUNTING PERMIT/JEFFREY ADELMANN
Mayor Egan introduced this item as a special hunting permit for Jeffrey Adelmann for the SE 1/4 of
Section 10. Chief of Police Pat Geagan indicated the applicant was unsure of whether a previous Special Hunting
Permit granted him permission to bow hunt deer on this property. The request before the Council, in effect,
is an extension of the hunting permit granted to the Adelmann's at the August 6, 1991, regular City Council
meeting.
Jeffrey Adelman said the hunt organized with the DNR has not proven to be effective because with
the unusual hours (midnight to 4:00 a.m.) and the amount of cover, it was very difficult to get the deer into the
open.
While the Council agreed that the number of deer in the area are presenting traffic safety problems,
Councilmember Wachter expressed his reservations about using bow and arrow hunting to control deer
populations. The City Council indicated that it would address the entire issue of special hunting permits in a
future workshop session. There were additional concerns expressed about the number of hunters included with
this permit and after discussion the Council determined that a limit to the number of hunters permitted to be
on the property at one time would be appropriate.
Gustafson moved, Egan seconded, a motion to approve a bow hunting permit for Jeffrey Adelman of
24149 Chippendale, Farmington, with the conditions that: 1) no more than five hunters will be allowed on the
property at one time and 2) the Police Department will be notified each time of the names and the hours the
hunters will be on the property. Aye: 3 Nay: 1 (Wachter)
Residents who were present and had interest in Consent Agenda Item J, asked what further initiatives
should be taken with regard to their concerns. It was suggested that the City's letter to the County include the
residents' petition. City Administrator Hedges said he would notify a representative of the residents of any
response from the County and if and when the issue goes before the County Board.
A. Personnel Item
It was recommended that the hiring of two seasonal recreation program assistants, Diana Carlson and
Patty Soldner, be ratified.
B. Resolution for Re-Issuance of Lost Bond Certificate
It was recommended that the resolution approving re-issuance of Lost Certificate No. R-203, Eagan
Minnesota General Obligation Improvement be approved. R-91.64
C. Resolution for Default of Conditional Use Permit for Lembke Trucking
It was recommended that the City Council approve the Findings of Fact and the Resolution Revoking
the Conditional Use Permit for Werner Lembke for a trucking terminal and outside storage at 545 Wescott Road
in Eagan. R-91-65
D. Receive Assessment Receive Assessment Roll/Order Public Hearing. Delinquent Bills
It was recommended that the assessment roll be received and a public hearing for the assessment of
delinquent bills be ordered for November 7, 1991.
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October 1, 1991
E. License. On-Sale Liquor. West Jersey Associates. Inc.. Potential Buyers for Richards Food & Liquor.
4185 South Robert Trail
It was recommended that the on-sale liquor license for West Jersey Associates for Richards Food &
Liquor at 4185 South Robert Trail be approved.
F. Election Judges for City Election. November 5. 1991
It was recommended that the attached list (Exhibit A) of election judges for the City election of
November 5, 1991, be approved as presented.
G. Contract 91-08. Approve C e Order #1 (Wilderness Run Road)
It was recommended that Change Order #1 to Contract 91-08 (Wilderness Run Road - Streets &
Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents.
H. Approve Resolution Requesting MnDOT Speed Study (Blackhawk Road - T.H. 13 to Diffley Road
It was recommended that a Resolution Requesting a MnDOT Speed Study on Blackhawk Road from
Diffley Road to T.H. 13 be approved and the Mayor and City Clerk authorized to execute said document.
R-91.66
1. Adjustment. 1991 General Fund Budget
It was recommended that miscellaneous adjustments to the 1991 General Fund Budget be approved as
presented.
J. Request to Dakota County Reaming Safety Concerns on Cliff Road/Holland Lake
It was recommended that staff be directed to prepare a letter to Dakota County regarding traffic safety
concerns on Cliff Road near Holland Lake.
Wachter moved, Pawlenty seconded, a motion to approve the Consent Agenda as presented. Aye: 4
Nay: 0
VACATION/BUR OAK HILLS 2ND ADDITION
Mayor Egan opened the public hearing to vacate drainage and utility easements (Lots 7, 8, & 9, Block
5, Bur Oak Hills 2nd Addition). Because the Waiver of Plat to split Lot 8, Block 1, Bur Oak Hills 2nd Addition
was withdrawn by Merila & Associates, the Council voted to deny this vacation.
Wachter moved, Gustafson seconded, a motion to dose the public hearing and deny the vacation of the
common lot line drainage and utility easements between Lots 7, 8, and 9, of Block 5, Bur Oak Hills 2nd
Addition. Aye: 4 Nay: 0
fry ( r
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October 1, 1991
VACATION/UNISYS PARK 2ND ADDITION
Mayor Egan introduced this item as a public hearing to vacate a utility easement (Lot 2, Block 1, Unisys
Park 2nd Addition). Director of Public Works Colbert said that staff is recommending a continuance for two
weeks because of the need to execute an amendment to the Well Field Development Agreement with Unisys.
Pawlenty moved, Gustafson seconded, a motion to continue the public hearing to October 15, 1991, for
the vacation of the utility easement over Lot 2, Block 1, Unisys Park 2nd Addition. Aye: 4 Nay: 0
FINAL ASSESSMENT HEARING
HILLS OF STONEBRIDGE 3RD ADDITION
Mayor Egan introduced this item as Project 597, Final Assessment Hearing (Hills of Stonebridge 3rd
Addition - Trunk Storm Sewer). Director of Public Works Colbert provided background stating that the Council
had requested staff research the minutes pertinent to the assessments for Project 241 in 1980. He said, however,
that their investigation found nothing that would indicate there was an understanding that future trunk area storm
sewer assessments were taken into consideration with the 1980 assessment or that it was to be abated at a later
date when and if it ever arose. All discussion found in the minutes referred to storm sewer laterals which are
the catch basins and pipes located within the streets. There were cost overruns associated with Project 241 and
there was a motion that the City should pick up all the costs associated with the storm sewer. That particular
motion was defeated on a 2 to 3 vote and a subsequent amendment that the City pay up to one-half of those
storm sewer costs was eventually approved and applied to assessments associated with Project 241. Mr. Colbert
said while there could have been some confusion, all discussion referred to storm sewer laterals.
Mayor Egan then opened the meeting to public testimony. Mrs. Jim Ingram, 743 Hackmore Drive,
expressed her concerns about the assessment and was the only resident to come forward.
After brief discussion, Gustafson moved, Wachter seconded, a motion to close the public hearing and
approve the final assessment roll for Project 597, Hills of Stonebridge - Trunk Storm Sewer and authorized its
certification to Dakota County. Aye: 4 Nay: 0
FINAL ASSESSMENT HEARING
PARK CENTER ADDITION
Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve the modified
special assessment roll for Project 583 (park Center Addition - Streets & Utilities) and authorized its certification
to Dakota County. Aye: 4 Nay: 0
FINAL ASSESSMENT HEARING
WEST PUBLISHING 3RD ADDITION
Gustafson moved, Wachter seconded, a motion to close the public hearing and approve the modified
final assessment roll for Project 585, Final Assessment Hearing for West Publishing 3rd Addition - Trunk Storm
Sewer and authorized its certification to Dakota County. Aye: 4 Nay: 0
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October 1, 1991
FINAL ASSESSMENT HEARING
SILVER BELL APARTMENTS
Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the final
assessment roll, noting all objections, for Project 588, Final Assessment Hearing (Silver Bell Apartments - Water
Main Looping) and authorized its certification to Dakota County. Aye: 4 Nay- 0
FINAL ASSESSMENT HEARING
DIFFLEY ROAD
Mayor Egan introduced this item as Project 533, Final Assessment Hearing (Diffley Road - Streets &
Utilities). Director of Public Works Colbert noted a modification to the assessment roll for this project. He
said that after research, Boulder Ridge 2nd Addition was found to have prepaid its assessment and that property
had been removed from the assessment roll. In answer to a question from Councilmember Gustafson, Mr.
Colbert indicated that the prepayment was subtracted from the total assessment and the roll modified
accordingly.
Attorney Richard Margula, representing Willmus Properties, was present to insure the receipt of his
client's written objection.
Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve the modified final
assessment roll for Project 533 (Diffley Road - Streets & Utilities) and authorize its certification to Dakota
County. Aye: 4 Nay 0
STUDY/PARK SERVICE AREA. #16
Mayor Egan introduced this item as a study of park needs for Park Service Area #16. As a result of
a petition received from the neighbors in Park Service Area #16, in September 1990 the City Council requested
staff hire a consultant to perform a study of the area to determine whether additional parkland was needed.
Consultant Tim Erkkila, of Westwood Professional Services, was hired to do the analysis and format
recommendations regarding the service area. Director of Parks & Recreation Ken Vraa reported that the study
had been completed; however, no attempt had been made to locate land in the area or check its availability.
Tim Erkkila then explained the study process and indicated that, based on specific criteria, there was
general agreement that a park facility was appropriate. He said it was his recommendation that the City pursue
park area development of approximately six acres in the northeast portion of #16 as a "mini" park for the short-
term, with future development of additional facilities based on site suitability, neighborhood and facility
standards. He said if possible, the site should remain open for non-programmed, neighborhood use.
In answer to a question from Mayor Egan, Mr. Vraa said that, without including acquisition costs, he
would estimate the cost of a neighborhood park to be $80,000-5100,000. Councilmember Pawlenty asked whether
funds were still available and Mr. Vraa said there were no funds in the Park Site Acquisition Fund. He also
indicated that the City may go through the process but not find land available.
Recognizing that funding difficulties may prevent the park from being built, Wachter moved, Gustafson
seconded, a motion directing City staff to complete the study regarding another park in Park Service District #16
including the initiation of investigation into a possible location for said park. Aye: 4 Nay 0
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October 1, 1991
AMENDMENT/CITY CODE/ANIMALS & FOWL
Mayor Egan introduced this item as a request to amend an ordinance, City Code, Section 10.12, Animals
and Fowl - Keeping, Transporting, Treatment and Housing. City Administrator Hedges provided background
on the issue and indicated that Eugene Pfeifer of 1339 Easter Lane had received a warning that he was in
violation of the above ordinance and was now seeking an amendment to that ordinance.
Mr. Pfeifer then explained that raising and racing homing pigeons was his hobby and he had received
no complaints until abandoned "show" pigeons began following his birds home after a race. Mr. Pfeifer said he
had gone to each of his neighbors and even the person who filed the complaint with the Police Department had
no complaint with Mr. Pfeifer but only with the stray birds which were inhabiting the neighborhood. Mr. Pfeifer
said some of the strays were captured and the rest have left. Mr. Pfeifer asked that the City Council consider
a permitting process such as that currently in effect in Minneapolis. When Mayor Egan asked Mr. Pfeifer what
could be done to keep the stray birds from mixing with his pigeons, Mr. Pfeifer said it was a rare occurence but
when it does happen they normally capture the strays and return them to their owners.
Dick Powell, the Chief of Police of Prior Lake; Ron Pavlik, of 890 Lakewood Hills Road; and Angelo
Gulianni, formerly of the Minnesota Twins organization; all spoke in favor of an ordinance amendment which
would allow homing pigeon owners to continue to practice their sport. Mayor Egan asked if there were any
members of the audience who wished to speak in opposition to the keeping of pigeons in the City and no one
came forward.
Pawlenty moved, Wachter moved, a motion to continue this item with direction to the staff that the
consensus of the City Council is to maintain the current ordinance but that staff explore options to allow people
who are currently maintaining birds to obtain a permit under that ordinance if certain criteria is met.
No enforcement of the ordinance as it currently stands will take place until the study is complete.
Aye: 4 Nay: 0
SPECIAL PERMIT/CHRISTMAS TREE SALES
Mayor Egan introduced this item as a Special Use Permit, Bill Brabec, for Temporary Sale of Christmas
Trees, on Lot 12, Block 1, Knob Hill Professional Park, Located in the SE 1/4 of Section 21. The applicant, Bill
Brabec, was present to answer any questions.
Gustafson moved, Wachter seconded, a motion to approve a special permit for Bill Brabec for temporary
Christmas tree sales at Knob Hill Professional Park subject to the following conditions:
1. This Special Use Permit is temporary and shall expire January 10, 1992.
2. All other applicable code requirements shall be met.
Aye: 4 Nay: 0
SPECIAL PERMIT/CHRISTMAS TREE SALES
Mayor Egan introduced this item as a Special Use Permit, Robert Jorgenson, for Temporary Sale of
Christmas Trees, on Lot 1, Block 1, Cliff Lake Centre, Located in the SW 1/4 of Section 29. City Administrator
Hedges advised the Council that the applicant was now requesting that their Christmas tree sales be moved from
the site indicated on the application to an area on the west side of the Cub Foods building.
Page 7/EAGAN CITY COUNCIL MINUTES
October 1, 1991
Jim Sturm indicated that staffs greatest concern with the new location was the congestion at the
entrance to the Cub Foods parking lot, especially for items as large as Christmas trees. Councilmember Wachter
said he did not consider the parking lot at Cub to be an appropriate location for the continual sale of seasonal
items. The remainder of the Council, however, generally agreed that if these sales were to be permitted at all,
the applicant should confine his request to the consideration of the original location. Tom Zelnik, representing
the applicant, said the management firm that oversees the shopping center had denied their original request and
suggested the alternate site.
After discussing whether to continue the item to allow Mr. Zelnik to advise the Cliff-Lake Center's
management company of the Council's recommendation, Gustafson moved, Egan seconded, a motion to approve
a special permit for Robert Jorgenson for temporary Christmas tree sales in a 90' by 60' (5,400 sq.ft.) area in
the northwesternmost portion of the grocery store parking lot (as outlined in the staff report dated September
26, 1991), subject to the following conditions:
1. This Special Use Permit is temporary and shall expire January 10, 1992.
2. All Other applicable code requirements shall be met.
Aye: 3 Nay: 1 (Wachter)
WAIVER OF PLAT/LAYNE & SHIRLEY ANDERSON
Mayor Egan introduced this item as a Waiver of Plat for Layne and Shirley Anderson, to Split Lot 11,
Block 1, Letendre Addition, into Two R-1 (Single-Family) Lots Located Between Donald Avenue and Heritage
Lane in the SW 1/4 of Section 9. The applicant was present.
Wachter moved, Pawlenty seconded, a motion to approve a waiver of plat for Layne and Shirley
Anderson to split Lot 11, Block 1, Letendre Addition into two single family lots subject to the following
conditions:
1. Recording with Dakota County within 60 days of City Council action with documentation to the City.
2. All other applicable Code requirements.
3. The development is required to dedicate 10 foot wide drainage and utility easements along Heritage
Lane and Donald Avenue.
4. The driveway for proposed Parcel B shall be constructed in accordance with City Code requirements.
5. A cash water quality dedication fee of $327 is required.
6. A cash parks dedication fee of $700 and a trailway dedication fee of $100 is required.
R-91.67
Aye: 4 Nay: 0
WAIVER OF PLAT/MERILA & ASSOCIATES
Mayor Egan indicated that a Waiver of Plat for Merila and Associates, to Split Lot 8, Block 1, Bur Oak
Hills 2nd Addition, Located Along Rolling Hills Court in the SE 1/4 of Section 12 was withdrawn at the request
of the developer.
Page 8/EAGAN CITY COUNCIL MINUTES
October 1, 1991
NOTOA AWARD
Discussion of the National Association of Telecommunications Officers and Advisors' "President's Award
for Chapter Excellence" took place earlier in the meeting.
TOASTMASTER MONTH PROCLAMATION
Gustafson moved, Wachter seconded, a motion to proclaim October as Toastmaster Month in the City
of Eagan. Aye: 4 Nay: 0 R-91-68
VARIANCE TO LIQUOR APPLICATION DEADLINE
Because it was determined that the applicant, Lynn Vannelli, had sufficient time in which to make
application for a liquor license and because the shopping area where he wishes to locate has not even been
platted yet, the City Council did not consider his request for a variance to the City Code requirement that liquor
license applications be received no later than August 31 for the following year.
.MMCUAANW
EASEMENT VACATION/OUTLOT A, COVENTRY PASS
RECEIVE PETITION/ORDER PUBLIC HEARING
Gustafson moved, Wachter seconded, a motion to receive the petition and order a public hearing to be
held November 7, 1991, for the vacation of a public easement in Outlot A, Coventry Pass. Aye: 4 Nay: 0
STATE SUPPORT FOR UNISYS JOB CONSOLIDATION
Pawlenty moved, Gustafson seconded, a motion to encourage the Department of Trade and Economic
Development to support financial assistance from the State of Minnesota for a Unisys jobs consolidation at the
marketing facility. Aye: 4 Nay: 0
METROPOLITAN COUNCIL AIRPORT RE-USE COMMITTEE
City Administrator Hedges said the Metropolitan Council had asked the City to recommend a staff or
elected official to serve on their newly created Airport Re-Use Committee. The committee has been formed
to develop conceptual plans for the re-use of the Minneapolis/St. Paul International Airport when and if a new
airport is built. Because of the redevelopment nature of the task, Mr. Hedges said the City Council may wish
to consider a staff person from the Community Development Department. After discussion, a recommendation
will be returned to the City Council for their consideration at the October 15, 1991, meeting.
SPECIAL CITY COUNCIL MEETING
Gustafson moved, Wachter seconded a motion to hold a special City Council meeting on October 22,
1991, at 5:00 p.m. for the general purpose of discussing the 1992 General Fund Budget. Aye: 4 Nay: 0
RESIDENT LETTER REGARDING CEDARVALE
A letter from resident Floyd Hiar regarding suggestions for including an ice arena and outdoor
swimming pool in the Cedarvale area was brought to the City Council's attention by City Administrator Hedges.
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October 1, 1991
Mayor Egan then asked if there was any possibility for a port authority, HRA grant, or tax increment financing
district for that area. Because the City is taking an active role on Cedarvale, City Administrator Hedges said
he would refer Mr. Hiar's letter to the consultant retained by the City to study alternatives for the Cedarvale area
and further that funding alternatives will be presented to the Economic Development Commission for
consideration.
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated October 1, 1991, in the amount
of $1,317,655.57. Aye: 4 Nay. 0
ADJOURNMENT/EXECUTIVE SESSION
The City Council adjourned the regular meeting to an executive session to consider attorney/client
privileged information at 9:10 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, Pawlenty
and Wachter, City Administrator Hedges, Director of Public Works Colbert, and City Attorney Sheldon. The
executive session was adjourned at approximately 10:00 p.m.
KF
CITY 0 EAGAN
L
E. J. anOverbeke, City Clerk
.74
LIST OF JUDGES TO WORK
MUNICIPAL ELECTION NOVEMBER 5, 1991
REPUBLICANS DEMOCRATS
KAREN UECKER SHARON SCHOELLER
ANN OURDANIK EVELYN COTA
BARBAR SHIELDS PATRICIA KAEDER
AURELIA POPPLER HELEN KENNEDY
MARILYN LEGLER LEO AMUNDSON
IRENE KREIDBERG IRENE WACHTLER
JUNE KETCHAM MARY KELLNER
JIM DECH RUTH TWOMEY
KAY KOHLMAINEN ORLEAN GARNESS
MARK OLSON JOAN USELMAN
NEAL BLACK SHARON ORTH
WALTER LAWRENCE GARY DODGE
JOHN BELLOWS JAMES KENNEDY
SHARON ASTLEFORD CHUCK LANGNICKEL
MARIE LANE ROBERT MANNING
ETHEL GROFF JUDY SAIMA
LYLE SEVERSON OLIVER MCCULLOCH
JOAN BOHLIG KAY DODGE
CLARENCE HANSON JANET SCHUETZE
ELEANOR BRUCE BARB SCHREINER
JEAN KIMBER PAULINE LEGENDRE
CAROL VIHOVDE ANNE SULLIVAN
SOYNA LARSON EMILY RODICH
PHYLLIS LIGMAN DOROTHY PETERSON
IONA RAY BEATRICE COOPER
MICHELLE SKINDELIEN JEAN FONTAINE
PATTI BENJAMIN MARILYN HOLM
GLADYS BYRNES HELEN JARVI
MARY HANSEN JUDY KAZDA
NANCY HENDREN CATHERINE GORDON
MARVEL THORNE LOIS AGRIMSON
CAROLYN THURSTON JUNE NELSON
EMILY MEDIN PAT RASK
CATHY BROST EDITH DRAKE
BARB NUTTALL MARIE DESLAURIER
MARGE JACOBS JUDITH MUNDAHL
ZELLA MIRICK JAN GIEFER
BARB LINERT MARTI ANN GUETZLAFF
ADELINE BUEHLER FRANK HAMERNIK
GLORIA CZYCALLA JAMES DRISCOLL
WILLIAM SKAR ROBERT GORDON
DON HANSEN ELAINE JONES
MARY JANE LAROCK TERRI BERKNESS
SHIRLEE KLANG
MARILYN PORTER