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1991-10-01 City Council Minutes 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Lot 8, Block 1, Bur Oak Hills 2nd Addition, Located Along Rolling Hills Court in the SE 1/4 of Section 12, was being withdrawn by the applicant.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 Page 2/EAGAN CITY COUNCIL MINUTES 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. Page 3/EAGAN CITY COUNCIL MINUTES 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 Page 4/EAGAN CITY COUNCIL MINUTES 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 Page 5/EAGAN CITY COUNCIL MINUTES 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 r ao• ~r6 Page 6/EAGAN CITY COUNCIL MINUTES 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. Page 9/EAGAN CITY COUNCIL MINUTES 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