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06/02/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota June 2, 1992 A regular meeting of the Eagan City Council was held on Tuesday, June 2,1992, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. .......................... OEAi ........................... City Administrator Hedges requested that City Administrator Item 2 on the Administrative Agenda, 1991 Comprehensive Annual Financial Report, be moved for consideration under Department Head Business. In addition, Director of Public Works Colbert requested that Director of Public Works Item 3 on the Administrative Agenda, Project #636, Receive Petition /Authorize Feasibility Report (Poppler Addition - Streets and Storm Sewer), be addressed with the Consent Agenda. Wachter moved, McCrea seconded, a motion to approve the agenda for the June 2, 1992, regular City Council meeting as amended. Aye: 5 Nay: 0 ............................ Wachter moved, Awada seconded, a motion to approve the minutes of the May 20, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 Pawlenty moved, Awada seconded, a motion to approve the minutes of the May 26, 1992, special City Council meeting as presented. Aye: 5 Nay: 0 ................................................... ............................... i3EPARTh1ENT`IiEATt1f7S11'iIE. SS ....:.............................................. ............................... .................................................... ............................... After brief introductions by Mayor Egan and City Administrator Hedges, Water Quality Coordinator Rich Brasch introduced Greg McNally, an Eagle Scout candidate who will be leading a volunteer effort by Boy Scout Troop 510 in painting informative stencils near catch basins in the City. Mr. McNally described the stencils and their illustration of the connection between the City's lakes and the storm sewer system that feeds them. He also discussed his Ieadership role in the project. Mr. Brasch pointed out that while the City would provide the materials, Troop 510's efforts would result in a savings to the City of 60 person days. The City Council agreed that it was a very worthwhile project and expressed their appreciation to Mr. McNally for his efforts. 1991 COMPREHENSIVE ANNUAL FINANCIAL REPORT After introduction by Mayor Egan, City Administrator Hedges noted that this was the earliest date the Comprehensive Annual Financial Report had been presented to the City Council. Director of Finance, E. J. VanOverbeke, made brief opening remarks and then turned the presentation over to Jeff Radunz and Beth Monsrud of the City's auditing firm of Deloitte Touche. Mr. Radunz and Ms. Monsrud discussed the audit and presented their company's observations and recommendations. After questions and answers, Pawlenty moved, Awada seconded, a motion to accept the 1991 Comprehensive Annual Financial Report as presented. Aye: 5 Nay: 0 Page 2 /EAGAN CITY COUNCIL MINUTES June 2, 1992 Councilmember McCrea wished to discuss Item B, Extension of the Agreement with the City insurance representative and questioned whether it was a violation of policy. City Administrator noted for the record that the insurance representative provides a service and is, therefore, exempt from the bid process. Director of Finance VanOverbeke said it is not the insurance costs we are dealing with but only the agent. He said First Insurance, when first retained in 1989, had the most government experience and Mr. VanOverbeke said he believes they still provide the best value. If the City Council does not wish to extend the contract for three years, he suggested a one year estension with review at the end of that time. The Council agreed and the item was changed to reflect a one year extension. In regard to Item C, Resolution Supporting MVTA Midday Bus Service From Eagan to the Mall of America, Councilmember Awada asked several questions about transit funding for outlying suburbs. Councilmember Wachter indicated he would vote no on Item F, Resolution for Nitti Disposal Temporary Conditional Use Permit. Director of Public Works Colbert addressed Item 3, Administrative Agenda, Project #636, Receive Petition /Authorize Feasibility Report (Poppler Addition - Streets and Storm Sewer). Mr. Colbert said that normally items such as this are placed on the Consent Agenda for approval. However, staff is looking to require financial guarantees to cover the cost of the feasibility report if the project does not go forward. He estimated that it will cost the City approximately $1,300 to prepare the feasibility report and that they anticipate some objections to the project. Mayor Egan said he had talked to Larry Poppler and the petitioner had expressed some concerns about the cost of the project as well as indicating that the project may not go forward if the project proves too costly. The Council agreed that some type of escrow fund may be in order but because the petitioner was not present, deferred action to the end of the meeting. A. Personnel Items Item 1. Seasonal Utility Maintenance Workers - -It was recommended that the hiring of Steven Wilke and Darren Wilke as seasonal utility maintenance workers be approved. Item 2. Tennis Instructors - -It was recommended that the hiring of Susan Hodgson, Monica Burhow, Molly Hansen, and Melinda Cohee as tennis instructors and Patricia Mraz as tennis director be approved for the 1992 summer recreation season. B. Extension of Agreement with City Insurance Representative It was recommended that an extension of one year for the City's insurance representative agreement with First Insurance be approved. C. Resolution Supporting MVTA Midday Bus Service From Eagan to the Mall of America It was recommended that a resolution supporting MVTA midday bus service from Eagan to the Mall of America be approved. R -92.45 Page 3 /EAGAN CITY COUNCIL MINUTES June 2, 1992 D. Final Plat, Town Centre 70 - Twelfth Addition It was recommended that the final plat for Town Centre 70 - Twelfth Addition be approved. E. Recommendation, Eagan /Mendota Heights Corridor Test. Airport Relations Committee R -92.46 It was recommended that the recommendation of the Airport Relations Committee regarding the Eagan /Mendota Heights Corridor Test be approved. F. Resolution, Nitti Disposal Temporary Conditional Use Permit It was recommended that a resolution relative to the Nitti Disposal temporary conditional use permit be approved. R -92.47 G. Contract 92 -05. Approve Plans, Specifications & County Agreement /Authorize Advertisement for Bids (Oak Cliff 6th, Woodlands North 2nd, Wilderness Ponds and Yankee Doodle - Utilities It was recommended that the plans, specifications and County agreements associated with Contract 92 -05 (Oak Cliff 6th, Woodlands North 2nd, Wilderness Ponds, and Yankee Doddle Road - Streets and Utilities) be approved and the advertisement for bids authorized with a bid opening to be held at 10:30 a.m., June 26, 1992, and the Mayor and City Clerk authorized to execute Cost Participation Agreement No. 32 -31 with Dakota County. H. Project 631, Approve Plans, Specifications & County Agreement /Authorize Advertisement for Bids (Lone Oak Road & Eagandale Boulevard - Sienalization & Intersection Improvements It was recommended that the plans, specifications, and interagency agreements with Dakota County for Project 631 (Lone Oak Road & Eagandale Boulevard - Signalization & Intersection Improvements) be approved and the Mayor and City Clerk authorized to execute all related documents. I. Project 632, Receive Report /Order Public Hearing - (Weston Hills Addition - Trunk Utilities) It was recommended that the feasibility report for Project 632 (Weston Hills Addition - Trunk Utilities) be received and a public hearing scheduled to be held on July 7, 1992, J. Project 633, Receive Report /Order Public Hearing (Great Oaks Addition - Streets & Utilities) It was recommended that the feasibility report for Project 633 (Great Oaks Addition - Streets & Utilities) be received and a public hearing scheduled to be held on July 7, 1992. K. Project 635 Receive Petition /Authorize Feasibility Report (Lakeview Trails - Streets & Utilitieal It was recommended that the petition be received and the preparation of a feasibility report and related plans and specifications be authorized for Project 635 (Lakeview Trails - Streets & Utilities). L. Contract 92 -02. Approve Change Order #1 (Blackhawk Cove Lift Station - Completion Date) It was recommended that Change Order #1 to Contract 92 -02 (Blackhawk Cove Lift Station Completion Date) be approved and the Mayor and City Clerk authorized to execute all related documents. Page 4 /EAGAN CITY COUNCIL MINUTES June 2, 1992 M. Contract 89 -U, Acknowledge City Maintenance (Lexington Pointe 5th Addition It was recommended that the completion of Project 89 -U, Lexington Pointe 5th Addition - Streets & Utilities, be acknowledged and perpertual maintenance authorized. N. Stipulation of Settlement. Lawrence J. Wigley vs City of Eagan It was recommended that the stipulation of settlement in the matter of Lawrence J. Wigley vs the City of Eagan be approved as presented. R -92.48 McCrea moved, Pawlenty seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 Exception: Item F, Resolution, Nitti Disposal Temporary Conditional Use Permit. Aye: 4 Nay: 1 (Wachter) ........ ............................... ........... ............................... .......... ............................... ........... ............................... RATIFICATION /MEGHAM'S ADDITION DENIAL RESOLUTION . Mayor Egan introduced this item as consideration of ratification of Meghan's Addition denial resolution /presentation of survey results, Pulsar, Inc. City Administrator Hedges presented a history of the item and indicated that a letter had been received from Pulsar, Inc., requesting the Council delay action on the item until a survey of the neighboring property owners could be completed. Mark Parranto, representing Pulsar, Inc., said that at the original hearing before the City Council, a resident presented a petition containing "150 names." He indicated that the applicants' felt the petition had a significant impact on the City Council's decision but when Pulsar obtained a copy, they found that it did not contain 150 names, but 70. Pulsar then surveyed 175 of the neighboring residents and as of June 1, 66 surveys had been returned. Mr. Parranto said their survey indicated 54 of the 66 would prefer multifamily to commercial at this location. He said at least eight of the families who said they would prefer multifamily had indicated otherwise on the original petition. In addition, of the 18 families immediately adjacent to the proposed development, 8 answered the petition and 3 of those were now in favor of the development. Mr. Parranto said that as a result of the survey, Pulsar, Inc., had prepared a new site plan. The pond was relocated and the buildings were rearranged and moved as far from. the single family homes as possible. Mr. Parranto asked the Council for reconsideration of the denial of the comprehensive guide plan amendment for the Meghan's Addition. Mayor Egan asked Mr. Parranto what the setbacks from the property line were for the new plan as compared to the plan presented at the April 9 meeting. Mr. Parranto said that the setbacks were 50' to 60' previously but were 70' to 140' on this plan. In answer to a question, Mr. Parranto indicated they have not gone to the County regarding an access onto Diffley Road. Councilmember McCrea said that in light of the information presented and because of changes to the project, she would be willing to reconsider denial of the comprehensive guide plan amendment. Mayor Egan recommended that the issue be taken back to the Advisory Planning Commission for public hearing to enable residents to give testimony. Councilmember McCrea asked Mr. Parranto if it would jeoparize the project if it were referred back to the Advisory Planning Commission. Mr. Parranto admitted that it would be difficult to Page 5 /EAGAN CITY COUNCIL MINUTES June 2, 1992 get the project "in the ground this year" if they were required to go back to the APC. In addition, Mr. Parranto said he appreciated the reconsideration but if the Council was going to vote to reconsider and then deny the project again, he would like to know now. Councilmember Pawlenty advised Mr. Parranto that if he did not wish to go through the Advisory Planning Commission's public hearing process, without the AFC's recommendation, the Councilmember would be inclined to vote no. Discussion then ensued as to the timing of the APC hearing and this item's return to the City Council for consideration. Because notice requirements could not be met for the June 16 regular City Council meeting, the earliest possible Council date would be July 7. Therefore, returning to the Planning Commission for a public hearing would not delay the Council's consideration of the project. McCrea moved, Wachter seconded, a motion to reconsider the denial of a Comprehensive Guide Plan Amendment for the Meghan's Addition based on new information presented by the developer as well as a new site plan and direct the Advisory Planning Commission to hold a new public hearing based on the revised proposal. Aye: 3 Nay: 2 ( Awada & Pawlenty) CONDITIONAL USE PERMIT /EAGAN AUTO MALL PARTNERSHIP Mayor Egan introduced this item as reconsideration of the denial of a Conditional Use Permit for Eagan Auto Mall Partnership, to allow an automobile service station in a CSC (Community Shopping Center) District on Lot 1, Block 1, Town Centre 70 Sixth Addition located along Town Centre Drive in the NW 1/4 of Section 15. City Attorney Sheldon said the Council had agreed to reconsider this issue at their May 20 regular City Council meeting and scheduled consideration of the conditional use permit for this meeting. Councilmember Wachter asked a question regarding outside storage. He said a reference was made in the Planning report that "no more than 12 customer vehicles will be parked outside." The Councilmember said that the applicant had indicated at the last meeting that all vehicles would be stored inside. The issue was clarified with Condition #1 of the Planning Commission minutes providing for "no outside storage." Mayor Egan noted a past precedent that was not brought to the attention of the City Council at the last meeting and which narrowed the discretion the Council had in interpreting what an auto body service center is. He said that in light of this information, he was inclined to believe the Council was on tenuous ground to support their last action not because he liked or had less concerns about the aesthetics of the auto mall but because he . believed the City Council had already established a precedent. Charles Bartholdi, representing Federal Land Company, asked that they be permitted to see the new information and make comments; however, if the City Council approved the permit, he hoped they would limit it to this applicant. In addition, he noted a concern that ABRA would not limit their repairs to small repairs. Mayor Egan observed that conditional use permits run with the land and asked the City Attorney if the Council could restrict the permit to one applicant. City Attorney Sheldon said that ABRA had indicated they would be willing to make that restriction a part of the conditions. Bob Hoffmann, attorney representing Eagan Auto Mall, said they would agree to restricting the conditional use permit to this applicant. Awada moved, Egan seconded, a motion to reconsider the denial of the conditional use permit for the Eagan Auto Mall Partnership. Aye: 5 Nay: 0 Awada moved, Pawlenty seconded, a motion to direct the preparation of a conditonal use permit for the Eagan Auto Mall Partnership to allow an automobile service station in a CSC (Community Shopping Center) District on Lot 1, Block 1, Town Centre 70 - Sixth Addition, located along Town Centre Drive in the NW 1/4 of Section 15. Aye: 5 Nay: 0 Page 6 /EAGAN CITY COUNCIL MINUTES June 2, 1992 DAKOTA COUNTY CIP Mayor Egan introduced this item as a review of Dakota County's proposed five -year Capital Improvement Program (1993 - 1997). Director of Public Works Colbert noted that the County and City Capital Improvement Programs were in sync with few exceptions. He explained that the intersection of Yankee Doodle Road and T.H. 149 was unique, however, in that it involved the State, County and City. He went on to explain the various options available to the City regarding the intersection with a final recommendation to schedule signalization for 1994 when Yankee Doodle Road is upgraded. While it will result in the loss of State design fees of $7,00049,000 by not waiting for the State's recommended signalization in 1995, it appears to be the most prudent option. Mr. Colbert advised that staff is not recommending any changes to the County's bikeway or road programs; however, in addition to the signal at Yankee Doodle Road and T.H. 149, they are recommending the following changes in signalization: 1) Cliff Road and T.H. 3 - 1994; Pilot Knob Road and Towerview Road - 1993; and Diffley Road and Rahn Road - 1996. Resident David Mann asked if the City installed the signal at Yankee Doodle Road and T.H. 149 in 1992, whether the State would reimburse the City in 1995. Mr. Colbert said it was not State policy to do so. Mr. Mann said that in view of the number of accidents at this intersection, he would appreciate any help the City could provide in speeding up the process. Mayor Egan said that if possible the City would, although it probably would not be wise without State and /or County participation. Councilmember Awada suggested that if the only loss to the City for moving up the installation of a signal at Yankee Doodle Road and T.H. 149 was the design fee, it could be done in 1994. Awada moved, McCrea seconded, a motion to accept the Dakota County 5 -Year Capital Improvement Plan (1992 -1995) as amended with the proviso that if State design fees amount to more than $9,000 for the signalization of Yankee Doodle Road and T.H. 149, staff will bring the issue back to the City Council. Aye: 5 Nay: 0 SPECIAL USE PERMIT /SS MARTHA & MARY CHURCH Mayor Egan introduced this item as a Special Use Permit for Ss. Martha and Mary Church to allow a temporary vegetable stand on an unplatted piece of property located on Parcel #10 -02300 -016 -54 in the SW 1/4 of Section 23. Director of Community Development Runkle explained the application and its location. Reverend George Martin said Gary Pahl had approached the church with a proposal to locate a vegetable stand on church property. Reverend Martin said access to the property would be worked out with the County. He said they had talked to the neighbors and none were opposed. Reverend Martin also asked that the closing date be moved to October 31, 1992, to allow the sale of pumpkins. McCrea moved, Wachter seconded, a motion to approve a special use permit for Ss. Martha and Mary Church to allow a temporary vegetable stand on unplatted church property and subject to the following conditions: 1. The applicant shall provide City staff written access approval from Dakota County prior to any site preparation. Page 7 /EAGAN CITY COUNCIL MINUTES June 2, 1992 2. The parking area shall be set back a minimum of 20' from all property lines. 3. All signage shall meet sign code requirements and be subject to the one -time fee of $2.50 /s.f. 4. This permit is temporary and shall expire October 31, 1992. 5. All other applicable City codes. Aye: 5 Nay: 0 SETBACK VARIANCE /OSTERHAUES Mayor Egan introduced this item as a Variance for Jeff & Diane Osterhaues, of 5' to the 30' setback on Trotters Ridge for Lot 12, Block 2, Bridle Ridge 2nd Addition in the NE 1/4 of Section 23. Director of Community Development Runkle reviewed the application and noted that the house would fit on the lot if the house were shifted. The applicant was not present. After discussion, Egan moved, McCrea seconded, a motion to deny a variance of 5' to the 30' setback from Trotter's Ridge for Jeff and Diane Osterhaues on Lot 12, Block 2, Bridle Ridge 2nd Addition, citing a lack of demonstrated hardship or practical necessity. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT /CONDURA TIRE GROUPE Mayor Egan introduced this item as a Conditional Use Permit, Condura Tire Groupe, Ltd., to allow an automobile service station in a CSC (Community Shopping Center) District on Lot 1, Block 1, Eagan Convenience Center Addition located along the south side of Duckwood Drive and east of Krestwood Lane in the NW 1/4 of Section 15. Director of Community Development Runkle described the application and its location. Mr. Runkle said agreement had been reached on the condition dealing with signage and two building mounted signs and an update of the existing pylon sign would be permitted. Director of Public Works Colbert addressed a recommendation to remove curbing located in the parking lot's interior to aid two -way traffic. The attorney for Tires Plus said they had just become aware of the condition but were not opposed to it. Pawlenty moved, Wachter seconded, a motion to approve a conditional use permit for Condura Tire Groupe, Ltd., to allow an automobile service station in a CSC (Community Shopping Center) district on Lot 1, Block 1, Eagan Convenience Center Addition located at the intersection of Duckwood Drive and Krestwood Lane subject to the following conditions: 1. Employee vehicles and customer vehicles left for service shall be parked on the south side of the building. 2. No outside display, or storage, shall be allowed. 3. The sign plan shall be revised to permit two building- mounted signs and a pylon sign. 4. All trash and recycling shall be stored inside the principle building. 5. All landscape materials shall meet City size requirements. Page 8 /EAGAN CITY COUNCIL MINUTES June 2, 1992 6. Internal traffic circulation will be modified to accommodate two -way traffic flow on the east side of the building. Aye: 5 Nay: 0 INTERIM USE PERMIT /R D PICAR /COMPOST FACILITY Mayor Egan introduced this item as Interim Use Permit, R. D. Picar, to allow a compost and yard waste facility on Outlots H and I, Gopher Eagan Industrial Park 2nd Addition, Located Along the North Side of Yankee Doodle Road, East of Mike Collins Drive in the SE 1/4 of Sec it and SW 1/4 of Section 12. City Administrator Hedges said the applicant would be relocating operations from the current County yard waste compost site near the Municipal Center to a private sector site as a part of the County's overall effort to privatize the yard waste management program. Mr. Hedges said the Municipal Center site will continue to operate temporarily with an orderly transition to the new site during June and July. Director of Community Development Runkle reported that one of the Advisory Planning Commission's concerns regarded the renewal and time frame for the conditional use permit, however, agreement had been reached with the applicant for a five year limit with annual review. Richard Picar said the Minnesota Pollution Control Agency had visited the new site and issued a permit. He also indicated that the APC had recommended an interim landscaping plan because of the pending reconstruction of Yankee Doodle Road. Councilmember Awada asked a County representative about environmental testing near the Gopher Smelting property. John Springsted of the environmental staff said they had performed lead tests in April. While the results have not been fully analyzed, he noted that lead levels dropped as they got further away from the facility. He said that MPCA remediation levels are 300 parts per million and all tests indicated levels well below that figure. Mr. Springsted said that the compost would be essentially uncontaminated by lead. Mr. Springsted went on to say that the April testing had centered around soil lead, however, air quality monitoring had been on -going since 1983. John Tapper of Gopher Smelting said that the County study would be completed within 3 -6 months. In addition, air quality monitoring has indicated levels well within EPA guidelines. Pawlenty moved, Awada seconded, a motion to approve an interim use permit to allow a compost and yard waste facility on Outlots H and I, Gopher Eagan Industrial Park 2nd Addition located along the north side of Yankee Doodle road east of Mike Collins Drive and subject to the following conditions: The permit shall be for a five -year period and reviewed annually. 2. The composting facility shall provide documentation from the Dakota County Environmental Management Department verifying there is no soil contamination. 3. A detailed landscaping plan shall be prepared and implemented after the Yankee Doodle Road improvement. 4. The first 100' of the entrance shall be paved with the opening of the facility. The entire cul de sac shall be paved after the Yankee Doodle Road improvement. 5. A grading /excavation permit in accordance with Chapter 4 of the City Code is required for the grading of the site. Page 9 /EAGAN CITY COUNCIL MINUTES June 2, 1992 6. A grading, drainage, and erosion control /restoration plan is required with the grading /excavation permit. 7. The proposed entrance onto Yankee Doddle Road will require a permit from Dakota County prior to the issuance of the grading permit. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING U S FISH & WILDLIFE SERVICE Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment, City of Eagan, changing the land use designation from IND (Industrial) to P (Parks) and a Rezoning, from I -1 (Light Industrial) to P (Public Facilities /Park) for approximately 13.01 acres of land, owned by the U.S. Fish and Wildlife Service, located in the SE 1/4 of the SW 1/4 of Section 18. After brief discussion, Wachter moved, Pawlenty seconded, a motion to approve the comprehensive guide plan amendment changing the land use designation from IND (Industrial) to P (Parks). Aye: 5 Nay: 0 McCrea moved, Pawlenty seconded, a motion to approve a Rezoning from I -1 (Light Industrial) to P (Public Facilities /Park) for approximately 13.01 acres of land, owned by the U. S. Fish and Wildlife Service, located in the SE 1/4 of the SW 1/4 of Section 18. Aye: 5 Nay: 0 R -92.49 CITY CODE AMENDMENT/WETLAND CONSERVATION ACT Mayor Egan introduced this item as an Ordinance Amendment for the City of Eagan, to City Code Chapter 13, entitled "Subdivision Regulations (Platting)" by amending Section 13.30 regarding compliance with the Wetland Conservation Act for plat approval, and by adopting by reference Eagan City Code Chapter 1 and Section 13.99. McCrea moved, Awada seconded, a motion to approve an ordinance amendment for Eagan City Code Chapter 13, entitled, "Subdivision Regulations (Platting) by amending Section 13.30 regarding compliance with the Wetland Conservation Act for Plat Approval and adopting by reference Eagan City Code Chapte 1 and Section 13.99. Aye: 5 Nay: 0 CITY CODE AMENDMENT /EXCAVATION PERMITS Mayor Egan introduced this item as an Ordinance Amendment for the City of Eagan, to City Code Chapter 4, entitled "Construction Licensing, Permits and Regulation, Including Signs, Excavations and Mobile Home Parks" by amending Section 4.30 regarding compliance with the Wetland Conservation Act as an Excavation Permit, and by adopting by reference Eagan City Code Chapter 1 and Section 4.99. Wachter moved, Awada seconded, a motion to approve an Ordinance Amendment for the City of Eagan, to City Code Chapter 4, entitled "Construction Licensing, Permits and Regulation, Including Signs, Excavations and Mobile Home Parks" by amending Section 4.30 regarding compliance with the Wetland Conservation Act as an Excavation Permit, and by adopting by reference Eagan City Code Chapter 1 and Section 4.99. Aye: 5 Nay: 0 Page 10 /EAGAN CITY COUNCIL MINUTES June 2, 1992 CITY CODE AMENDMENT /PUBLIC PROTECTION, CRIMES AND OFFENSES Mayor Egan introduced this item as an Ordinance Amendment for the City of Eagan, to City Code Chapter 10, Entitled "Public Protection, Crimes and Offenses," by amending Section 10.25 regarding compliance with Wetland Conservation statutes and regulations, and by adopting by reference Eagan City Code Chapter 1 and Section 10.99. McCrea moved, Awada seconded, a motion to approve an Ordinance Amendment for the City of Eagan, to City Code Chapter 10, Entitled "Public Protection, Crimes and Offenses," by amending Section 10.25 regarding compliance with Wetland Conservation statutes and regulations, and by adopting by reference Eagan City Code Chapter 1 and Section 10.99. Aye: 5 Nay: 0 ......................................... ............................... iAU1VIIN ;I$TRA'fII?Et1!Fa'rE�TDA SPECIAL SIGN TASK FORCE Mayor Egan introduced this item as consideration for appointment of a special sign task force. This task force would further study regulations relative to outdoor advertising. It was agreed that a representative of the sign industry would be invited to participate as an ad hoc, or advisory, member. After discussion, McCrea moved, Awada seconded, a motion to approve a special sign task force to review outdoor advertising sign regulations as follows: (3) Residents at large (3) Chamber of Commerce members (1) Advisory Planning Commission member (1) Advisory Parks, Recreation & Natural Resources Commission member (1) Economic Development Commission member Aye: 4 Nay: 0 Abstain: 1 (Pawlenty) ELECTRONIC INTERIORS, INC /FEES FOR SERVICES Mayor Egan introduced this item as a review of Electronic Interiors Inc.'s fees for services. After discussion of the percentage of the contract attributed to service fees, it was determined that staff will check further as it appears there has been a misunderstanding as to the amount represented in the contract. FOURTH OF JULY CELEBRATION DONATION Mayor Egan introduced this item as a request from the Fourth of July Celebration Committee for a donation. McCrea moved, Wachter seconded, a motion to approve a $1,500 donation to the Fourth of July Celebration Committee which has been budgeted for fireworks. Aye: 5 Nay: 0 Page 11 /EAGAN CITY COUNCIL MINUTES June 2, 1992 McCrea moved, Wachter seconded, a motion to approve a $500 donation to the Fourth of July Celebration Committee which was not budgeted but will assist the Committee in offsetting electrical wiring expenses. The Council noted that this is to be a one -time, rather than on- going, expense. Aye: 5 Nay: 0 JOINT POWERS AGREEMENT/WATER QUALITY TESTING SERVICES Mayor Egan introduced this item as a joint powers agreement /award contract (Water Quality Testing Services). Pawlenty moved, Awada seconded, a motion to receive the bids for water quality testing services and award the contract to MVTL Laboratories, approve the ten - community joint powers agreement and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT #623 /RESOLUTION RESTRICTING ON- STREET PARKING Mayor Egan introduced this item as Project #623, Approve Resolution Restricting On- Street Parking (Johnny Cake Ridge Road - Cliff Road to Apple Valley). Pawlenty moved, Wachter seconded, a motion to approve a resolution prohibiting parking on Johnny Cake Ridge road (Project #623) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 R -92.50 POPPLER ADDITION /STREETS & STORM SEWER Mayor Egan introduced this item as Project #636, Receive Petition /Authorize Feasibility Report (Doppler Addition - Streets and Storm Sewer). Director of Public Works Colbert said that some discussion on this item occurred earlier in the meeting, however, further discussion and action were deferred to allow the property owner to be present. Mr. Colbert said that because not all of the affected property owners have petitioned for the improvement, staff is recommending financial security for the cost of preparing the feasibility report. Larry Poppler asked if it wasn't usual procedure to include the cost of the feasibility report in the assessment roll. The Director of Public Works said while that was true, financial guarantees would be required if the report were prepared and then the contract was not awarded. In answer to an additional question from Mr. Poppler regarding the form the guarantee should take, staff recommended the funds be escrowed. McCrea moved, Wachter seconded, a motion to receive the petition and authorize the preparation of a feasibility report for Project 636 ( Poppler Addition - Streets and Storm Sewer) with an escrow to be established by the petitioners in an amount appropriate to cover the cost of preparation of the feasibility report. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING McCrea moved, Wachter seconded, a motion to schedule a special City Council meeting for 5:00 p.m. on June 16, 1992. Aye: 5 Nay: 0 s — Page 12 /EAGAN CITY COUNCIL MINUTES June 2, 1992 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated June 2, 1992, in the amount of $444,352.85. Aye: 5 Nay: 0 ADJOURNMENT The regular meeting of the Eagan City Council adjourned at 10:20 p.m. 4" CITY OF EAGAN — N. 0% 0 1 WL 94— E. anOverbeke City erk