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1991-02-05 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota February 5, 1991 A regular meeting of the Eagan City Council was held on Tuesday, February 5, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, 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. The following changes were recommended to the agenda for the February 5, 1991, regular City Council meeting: Item 0, Consent Agenda, Final Plat, Town Centre 100 - Eighth Addition was recommended for continuance indefinitely. Wachter moved, Pawlenty seconded, a motion to approve the agenda for the February 5, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 Mayor Egan recommended the following change to the minutes of the January 15, 1991, regular City Council meeting: Page 5, first paragraph under Economic Development Commission, second sentence should be changed to read as follows: "Because of the nature of this commission and because a business owned by Mr. Hoffman's family is presently involved in a lawsuit relating to the City, it was the advice of Legal Counsel that his name be removed from consideration." McCrea moved, Wachter seconded, a motion to approve the minutes of the January 15, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 The following change was recommended to the minutes of the January 8, 1991, special City Council meeting: Page 1, first paragraph, first sentence, change the word, "lunchroom" to "conference rooms." Pawlenty moved, Wachter seconded, a motion to approve the minutes of the January 8, 1991, special City Council meeting as amended. Aye: 5 Nay. 0 Mayor Egan introduced this item as the Advisory Parks & Recreation Commission's recommendations for the official naming of three City Parks. City Administrator Hedges said the past practice for naming new parks has been for the APRC to make recommendations to the City Council. He said the recommendations of the APRC are as follows: 1) Coventry Park to Captain Dodd Park, 2) the Willmus park property to Downing Park and 3) the Well Site Park to Clear Water Park. He said all three names were selected based on their history or their reference to a locality. Page 2/EAGAN CITY COUNCIL MINUTES February 5, 1991 McCrea moved, Gustafson seconded, a motion to approve the renaming of: 1) Coventry Park to Captain Dodd Park, 2) the Willmus park property to Downing Park and 3) the Well Site Park to Clear Water Park. Aye: 5 Nay. 0 While there were no other formal items under Department Head Business, Mayor Egan said that a report had been received from Recycling Coordinator, Kris Hageman, on recycling in the City. Mayor Egan said he wanted to acknowledge Ms. Hageman's and the City's accomplishments and to congratulation her on the success of the program. Councilmember Wachter asked Recycling Coordinator Hageman if another day for collecting hazardous waste was planned. Ms. Hageman said that it was currently under discussion with the County, however, beginning with February, hazardous waste may now be dropped off at the Lakeville site between the hours of 9:00 a.m. and 3:00 p.m. the last Saturday of each month. She said with institution of this service, it was the County's intent to phase out the collection days. Councilmember Pawlenty said he had spoken to a number of persons in the community who are active in airport noise and they had commented on the tremendous job that Jon Hohenstein and Councilmember Gustafson had done in stating the City's position before the MAC Blue Ribbon Corridor Task Force. The Councilmember added that the City owes them both a debt of gratitude. Councilmember Gustafson said he believed great strides were made and that the issue had come to a good resolution. Mayor Egan said it was very important that the residents of Eagan recognize the extraordinary results that had come out of the task force meetings. C( EI ' : GE +TD& Item 0 of the Consent Agenda regarding the Final Plat for the Town Centre 100 - Eighth Addition was recommended to be continued indefinitely. Councilmember Wachter also asked that Item F, Consider a Real Estate Exchange Agreement and Authorize City to Execute a Quit Claim Deed for the Blackhawk Park Access/Leo Murphy Property, be pulled for discussion. A. Personnel Items 1. It was recommended that a leave of absence without pay be approved for Terry Gilsrud until Tuesday, February 26, 1991. 2. It was recommended that the unanimous choice of the review board for Eagan's representative on the Drug Task Force be approved with the status of Investigator. 3. It was recommended that the placement of the Secretary in the Police Department in Range F of the City's compensation plan to be approved effective February 1, 1991. B. Licenses. Plumbers and Water Softener It was recommended that the Plumbers Licenses be approved as listed in Exhibit A and that the Water Softener License be approved for Miller Company dba Culligan Water Conditioners. C. License. Refuse/Recycle Hauler It was recommended that a refuse/recycle hauler license be approved for Mike's Disposal and Recycling of Lakeville, MN. AIc~ Page 3/EAGAN CITY COUNCIL MINUTES February 5, 1991 D. Amendment. State Uniform Building Code Ordinance. Chapter 4 It was recommended that the State Uniform Building Code Ordinance Amendment for Chapter 4, Section 4.01, regarding building code adoption be approved. E. Proclamation. Volunteers of America Week. March 3 - 10. 1991 It was recommended that the week of March 3, - 10, 1991, be proclaimed as Volunteers of American Week in the City of Eagan. R-91.3 F. Consider Real Estate Exchange Agreement/Authorize City to Execute Quit Claim Deed. Blackhawk Park Access/Leo Murphy Property It was recommended that the real estate exchange agreement be approved and the City authorized to execute the quit claim deed regarding the Blackhawk Park access/Leo Murphy property. G. Declare Surplus Property/Authorize Sale. HP-150 Computer It was recommended that a non-IBM compatible HP-LSO computer be declared surplus property and its sale authorized to the City of Coon Rapids for $400. H. Resolution, City Code Amendment. Chapter 6. Garbage. Refuse, and Recycling Haulers, Redefine "Targeted Recyclables" It was recommended that a resolution amending Chapter 6, Section 6.37, of the Eagan City Code by redefining "targeted recyclables" be approved. R-91.4 1. Contract 89-D. Acknowledge Completion/Authorize City Maintenance (MWCC Nicols Road Meter Station - Watermain) It was recommended that the completion of Project 89-D (MWCC Nicoll Road Meter Station - Watermain) be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions. J. Contract 89-C. Acknowledge Completion/Authorize City Maintenance (Ridgehaven Acres - Streets and Utilities) It was recommended that the completion of Project 89-C (Ridgehaven Acres - Streets and Utilities) be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions. K Contract 89-AA. Acknowledge Completion/Authorize City Maintenance (Kingswood 4th Addition - Streets & Utilities) It was recommended that the completion of Project 89-AA (Kingswood 4th Addition - Streets & Utilities) be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions. Page 4/EAGAN CITY COUNCIL MINUTES February 5, 1991 L. Contract 88-SS. Acknowledge Completion/Authorize City Maintenance (Kingswood 2nd Addition - Streets & Utilities) It was recommended that the completion of Project 88-SS (Kingswood 2nd Addition - Streets & Utilities) be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions. M. Contract 89-13. Change Orders #6 and #7 (Cliff Road Water Treatment Facility) It was recommended that Change Orders #6 and #7 for Contract 89-13 (Cliff Road Water Treatment Facility) be approved and the Mayor and City Clerk authorized to execute all related documents. N. Contract 89-03. Change Order #2 (Maintenance Facility Expansion/Remodeling) It was recommended that Change Order #2, Contract 89-03 (Maintenance Facility Expansion/Remodeling) be approved and the Mayor and City Clerk authorized to execute all related documents. 0. Final Plat. Town Centre 100 - Eighth Addition It was recommended that the final plat for Town Centre 100 - Eighth Addition be continued indefinitely. P. Resolution of Friendship and Goodwill to the City of Pereslavl R-91.5 It was recommended that a resolution extending the people and City of Eagan's pledge of friendship and goodwill to the people and City of Pereslavl be approved. (This item was added to the agenda at the City Council meeting). In response to Item E of the Consent Agenda which notes Volunteers of American Week, Councilmember McCrea said she wanted to encourage some type of volunteer recognition for the City's commission and committee members. The Councilmember said such recognition should also include those members who have left or who were not reappointed. It was decided that volunteer recognition will be a subject for discussion at an upcoming Council work session. Wachter moved, Pawlenty seconded, a motion to amend the Consent Agenda to include an additional item and to approve that additional item as: Item P, Resolution of Friendship and Good Will to the City of Pereslavl. Aye: 5 Nay: 0 Discussion then turned to Item F of the Consent Agenda which concerned the Real Estate Exchange Agreement for the Blackhawk Park access. Director of Parks & Recreation Vraa said that negotiations to acquire this property for access into Blackhawk Park had been going on for the past two years. He said the agreement involved a land exchange in addition to a requirement for future parkland dedications. Mr. Vraa said that at one time the City had hoped to acquire a portion of the Murphy property including the northeast corner of the intersection of Murphy Parkway and Deerwood Drive but Mr. Murphy was not willing to do that. Mr. Vraa said that the concept of that agreement was reached a year ago but it was not until recently that the survey documents and the legal work through the attorneys' offices had been completed. Mr. Tim Lano, representing a group of 20 families called Citizens for a Better Blackhawk Park, said his group agreed that Blackhawk Park needed a better access, the City has spent considerable time and effort to acquire the property, the park is a community resource, and no one wants it in their backyard. But he asked, before anyone dismissed what they had to say, that the Council ask themselves five questions: 1) Where is the Page 5/EAGAN CITY COUNCIL MINUTES February 5, 1991 plan for the park? 2) How much will it cost and who will pay for it? Mr. Lano said they had an architect do an analysis of the proposed road and it is his opinion that it will cost approximately $495,000. 3) Since the Council has volunteered their time to serve the citizens of Eagan, what do the citizens want? He said a survey had been taken at an APRC meeting and after analyzing the responses, 80% indicated their primary concern was the loss of habitat and 85% want the park left natural. 4) Why move the access from the original to the current access? 5) What is the environmental impact of the proposed plan? How many trees will be lost and what is the habitat damage? Mr. Lano asked the logic of putting an access right through the middle of the park. He asked that the Council study these questions before making their decision. Mayor Egan then asked Director of Parks and Recreation Vraa if he would address Mr. Lano's questions and provide some of the history behind the land exchange. Mr. Vraa said they have been working on the design of the park but as yet have not come up with a true concept plan for public presentation. He said they expect to do that by the third week of the month. In response to how much the park will cost, Mr. Vraa said they did not know but said the figures quoted by Mr. Lano appeared to be excessive. In any case, he said the money for the park would come from the Park Site Fund and a grant from LAWCON/LCMR. Mr. Vraa said the survey referred to by Mr. Lano indicates that many want to keep the park in its natural state; however, there were also those who want ballfields, tennis courts, and hockey rinks. He said such items will be evaluated in relationship to existing amenities or those planned for other facilities. The Director of Parks & Recreation then addressed Mr. Lano's question about why the access would be changed. He said it was an issue that was answered in 1983-1984 with a study of the topography of the area. In addition, he said the geographical center of the park is to the northeast and they did not want to preclude the possiblity of having at least two, and perhaps, multiple accesses. Mr. Vraa said the City has hired a consultant to advise them on road placement in order to reduce the impact on the environment. He said when a plan is prepared, they will be better able to answer environmental questions. Mayor Egan asked Director of Parks & Recreation Vraa to provide some of the history behind the land exchange. Mr. Vraa said that when the City first looked at the park they considered several access alternatives. In addition, Mr. Vraa said he wished to clarify that acquisition of the land by no means indicated the start of construction. He said they have tried to acquire the property through negotiation and without the condemnation process. He said it was thought it would be more prudent to negotiate its acquisition before the surrounding property was developed. Mr. Vraa said it is expected that when the plans for the park have been developed they will be presented at a public meeting to receive comments. He said the meeting would afford staff the opportunity to make modifications to the plan based on input received from the meeting. Mr. Vraa said it was likely that the Advisory Parks and Recreation Commission would recommend that a special date and time be set for discussion of Blackhawk Park because of heavy interest in the issue. He said after review by the APRC, it would go to the City Council for their consideration. Councilmember Pawlenty asked Director of Parks & Recreation Vraa whether the Park Site Fund held the residuals of the Park Bond Referendum. Mr. Vraa said that monies received from the referendum had been spent but the Park Site Fund was made up of park dedication funds received from commercial, industrial and residential developments. Councilmember Pawlenty then asked if the transaction with Mr. Murphy was costing the City any out-of-pocket money or whether it was strictly a land swap? Mr. Vraa said it was a land swap but some funds had been expended for legal fees and surveying. Then, in answer to the Councilmember's question, Mr. Vraa said that previous analysis had indicated this access would be appropriate even if there were multiple accesses. Councilmember Gustafson asked if the land swap were approved and then for whatever reason never used, whether the City would be ahead or behind. Director of Parks and Recreation Vraa said that the property to the north and east of the roadway is still one the City may wish to acquire. He said if that were to occur, the City would want to protect the roadway aspect of the property. Page 6/EAGAN CITY COUNCIL MINUTES February 5, 1991 Mr. Lano then pointed out that only one person out of the 51 surveyed indicated they wanted ballfields in the park. He said that hardly constituted any type of majority. Councilmember Pawlenty then asked for an explanation of the survey whereupon Mr. Vraa said it was a brief survey distributed at the last Advisory Parks and Recreation Commission meeting. He said the survey asked a number of questions pertaining to Blackhawk Park and was confined only to those in attendance at the meeting. Councilmember Gustafson asked Mr. Lano, in a city of 46,000 residents, whether a survey with 51 respondents would be a definitive survey? Mr. Lano said no. In closing, he said that the Blackhawk residents are concerned with two phases of the process: 1) land is not purchased for a rainy day fund; it is purchased for a reason and 2) the survey was collected and then manipulated. He said he and other residents are losing confidence in the process. Mayor Egan said the City is very sensitive to the wishes of the people who will use the park but there has to be a balance to those interests. He said the City also has to maintain some consistency with the long-term development plans for the park including the wishes of the adjacent neighbors and those who will use the park. Councilmember Pawlenty said the action to acquire this property does not commit the City to anything but keeps all options open and may create better options. He said if it turns out that this road makes no sense, the plans can be cancelled. City Administrator Hedges said that the Director of Parks and Recreation was in the difficult position of trying to follow a master plan as well as remain sensitive to the neighbors and the entire community. Mr. Hedges said the City wants to work with the residents and said the more input from the neighborhood, the better the park design results would be. Ms. Nancy Blasberg, also representing the Blackhawk Park neighbors, asked that a decision on the land swap be postponed until the next Council meeting. She said the only thing accomplished with this transaction was to give Leo Murphy a free road with which to develop his property. Councihnember Pawlenty asked Mr. Vraa if there was any urgency to this request. Mr. Vraa said that there weren't any deadlines but said he would like to conclude the swap because there is always the possibility Mr. Murphy will change his mind. City Administrator Hedges said that negotiations began about two years ago with Mr. Murphy regarding an access to the park. He said one of the reasons there hasn't been any detailed park planning for Blackhawk Park was because of the uncertainty of acquiring this access. He said it should be noted that there are no foregone conclusions about the road width, its length or exactly where it will access the park. Councilmember Gustafson said that knowing the difficulty of these negotiations, acquiring the property would give the City considerably more control, in the long-term, than Mr. Murphy. In answer to a question from Councilmember McCrea, Director of Parks & Recreation Vraa said that the property the City was swapping was acquired without cost. He said after I-35E was built, MnDOT deeded this back to the City as part of the excess right-of-way. Mayor Egan then asked the Council if they wished to pull this item and handle it separately or whether they felt comfortable taking action on Item F as part of the Consent Agenda. Gustafson moved, Egan seconded, a motion to approve the Consent Agenda with the inclusion of: 1) Item F, Real Estate Exchange Agreement/Authorize City to Execute Quit Claim Deed, Blackhawk Park Access/Leo Murphy Property; 2) Item P, Resolution of Friendship and Goodwill to the City of Pereslavl; and 3) the continuance indefinitely of Item 0, Final Plat, Town Centre 100 - Eighth Addition. Mayor Egan said the residents had the assurance of the Council that they would listen very carefully and attentively to the issue of Blackhawk Park. Councilmember Gustafson said that the Lions' Club donation was originally targeted for a park building or shelter and it was negotiated to be a gift without strings from the Lions' Club. Page 7/EAGAN CITY COUNCIL MINUTES February 5, 1991 Councilmember McCrea said she did not know what would be gained by continuing the item but said she felt that an affirmative vote would indicate approving the land swap with the intention of putting the road in. She then asked Director of Parks and Recreation Vraa if the land the City was swapping had any value and whether another developer would be interested in purchasing the land from the City for cash. Mr. Vraa said that while the property had value to Mr. Murphy, he did not know what the value would be from a development perspective. Aye: 5 Nay: 0 WINE AND BEER LICENSE/APPLES PLUS, INC. Gustafson moved, Pawlenty seconded, a motion to approve a wine, Sunday wine, and strong beer licenses for Apples Plus, Inc., subject to providing a bond, liquor liability insurance and license fees. Aye: 5 Nay: 0 ORDINANCE AMENDMENT/PAWN SHOPS Mayor Egan introduced this item as an ordinance amendment for Chapter 6, Other Business Regulation and Licensing, Section 6.44, Pawn Shops. City Administrator Hedges said that an ordinance regulating pawn shops in the City had been drafted by the City Attorney's office and had also been reviewed by the City's Prosecuting Attorney. Mr. Hedges said that staff would answer any questions the Council might have. Councilmember Gustafson asked a question regarding the license fee in relationship to a statement in the City Council packet that it is "very modest considering the amount and type of proposed regulatory activities." He asked if there would be more regulation than in another type of business. City Administrator Hedges said there is more reporting, for instance, involved with a pawn shop than other businesses, as well as the daily contact with the pawn shop owner. McCrea moved, Wachter seconded, a motion to approve an ordinance amendment to Chapter 6 of the City Code, Other Business Regulation and Licensing, Section 6.44, Pawn Shops, and to set the license and investigation fees at $1,500 and $350, respectively. Mayor Egan said that one of the few references in Minnesota statutes to pawn shops was found in Chapter 471 which delegates authority over pawn shops to counties. Mayor Egan asked City Attorney Sheldon if that would indicate exclusive authority. City Attorney Sheldon said their research had indicated it would not. He said statute gives cities the right to delegate such authority to the counties. He said a county could enforce authority over pawn shops if that authority were transferred to a county by a city or if that city entered into a joint powers agreement with the county. Mr. Brad Rixman said he had filed an application for Eagan's first pawn shop. He said it was his intention to operate correctly and would work very closely with the City Council and the Police Department. Mr. Rixman said he had just received a copy of the ordinance and had not had an opportunity to review it with his partner or their legal counsel. He said he understood there are people who are very concerned about bow pawn shops have operated in the past and they have no intention of operating their business in such a manner. Mr. Rixman asked that the item be tabled to allow them to review the ordinance. Mayor Egan asked Lt. Jerry Meszaros, representing the Police Department, whether they had any concerns about granting a continuance. Lt. Meszaros indicated they did not. After discussion about passing the ordinance subject to review and possible modification, City Attorney Sheldon expressed his concerns about passing an ordinance conditionally as there were no conditional ordinances. Page 8/EAGAN CITY COUNCIL MINUTES February 5, 1991 He did say, however, that it would probably work if the Council's stated intention was to pass the ordinance and then review it within a reasonable period of time for amendment, etc. Councilmember McCrea said if there were problems with the ordinance at a later date, she would consider modifications at that time. The Councilmember said she was comfortable with the ordinance as it stood. She said she was uncertain as to how she felt about having a pawn shop in Eagan because of the negative connotations associated with them. Councilmember McCrea said she associated pawn shops with quick money for gambling, alcohol and drugs. Mr. Rixman said he had a report from the United States Federal Reserve Bank of Kansas City regarding the reasons people use pawn shops. He said the pawnbroking industry has had a poor name in the past but he intended to run a responsible business. Mr. Rixman said he also intended to make both exterior and interior improvements to the building at 3935 Cedarview Drive. Councilmember McCrea said that if it was Council's intention to continue the item, she would like a clarification as to the pawn shop hours and the definition of a "minor." Councilmember Pawlenty said he had no problem with the ordinance as written but because Mr. Rixman had received the information late and there were a number of unanswered questions, he thought it unduly burdensome for the Council to take action to pass the ordinance and then subsequently amend it. The question was asked whether a motion to continue would supersede a motion on the table and while it was determined that it would, the Councilmembers who made and seconded the original motion agreed to an amendment to continue the item to the next meeting. McCrea moved, Wachter seconded, a motion to continue: 1) an ordinance amendment to Chapter 6 of the City Code, "Other Business Regulation and Licensing," Section 6.44, "Pawn Shops," and 2) the license and investigation fees to the February 19, 1991, regular City Council meeting. Aye: 5 Nay: 0 REFUND REQUEST/VARIANCE APPLICATION CUSTOM ENERGY HOMES Mayor Egan introduced this item as a request for a refund of the variance application fee for Jim Koestering of Custom Energy Homes, 12645 Florida Lane, Apple Valley. Mayor Egan asked if the applicant was present and he was not. City Administrator Hedges said staff normally tried to resolve issues such as this refund request; however, applicants were always entitled to appeal directly to the City Council. Mr. Hedges said Director of Community Development Runkle had prepared a cost breakdown for this application. Director of Community Development Runkle said approximately one-half of the fee had been expended in direct costs incurred by the City in preparing this application for action by the Council even though it was withdrawn prior to that time. Councilmember McCrea said that $76 was not a large amount of money but asked what would happen in those cases where the fees were significant. She was concerned that taking action on this request would be precedent setting and the Council would be asked to review all applications. Mayor Egan said this request was not unlike the Tranby case and perhaps the precedent had already been set. Director of Community Development Runkle said that this fee, like other fees collected by the City, is an average with some applications requiring more time and expense and some less. Councilmember Gustafson asked if staff had already denied the request for refund and Mr. Runkle said they had. Gustafson moved, Wachter seconded, a motion to deny a request from Jim Koestering of Custom Energy Homes for a refund of a variance application fee in the amount of $76. Aye: 5 Nay: 0 Page 9/EAGAN CITY COUNCIL MINUTES February 5, 1991 VARIANCE/LEROY SIGNS Mayor Egan introduced this item as a variance for Leroy Signs, Inc., to the sign requirement of one sign per major street frontage, located at 3880 Sibley Memorial Highway (First Minnesota Building). City Administrator Hedges said this request for variance did not require action by the Advisory Planning Commission and had come directly to the City Council for consideration. Director of Community Development Runkle said the application was from Norwest Banks for the former First Minnesota Building. He said the request was to permit Norwest to replace First Minnesota signage with Norwest signs for building identification and visibility purposes. Mr. Runkle said removal of the old signage and installation of the new would reduce the total existing square footage by 200 square feet. Mr. Chris Clark of Leroy Signs said they had acquired the building in December of 1990 and were only replacing the First Minnesota signs with the new Norwest signs. He said they were doing this in all locations to provide consistent Norwest signage throughout the metro area. Councilmember Gustafson asked Mr. Clark if they intended to place signs on all four sides of the building and Mr. Clark said they did. The Councilmember said that current regulations only allowed one sign per major street yet the building presently had signs on all four sides. He asked the Director of Community Development when this regulation was put into place. Mr. Runkle said the ordinance was approved in 1975 but the existing signs were probably in place before that time. Mayor Egan then pointed out that the City was attempting to enhance the use of an attractive and beneficial building in an area subject to redevelopment. He said a variance would probably economically benefit this operation as well as those businesses surrounding it thus providing sufficient reason to allow it. After prefacing her motion by saying the City was not now allowing signs on all four sides of buildings and that the signs in question were replacing existing signage resulting in an overall reduction of 200 square feet, McCrea moved, Gustafson seconded, a motion to approve the variance to the sign requirement of one sign per major street frontage for Leroy Signs, Inc., for property located at 3880 Sibley Memorial Highway subject to all applicable Code requirements. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/PYLON SIGN RHC ASSOCIATES JOINT VENTURE I After introducing this item as a conditional use permit for RHC Associates Joint Venture I to allow a pylon sign located on Lot 1, Block 1, Cliff Lake Centre 2nd Addition along Cliff Lake Drive north of Cliff Road in the SW 1/4 of Section 29. City Administrator Hedges said this item was first considered by the Advisory Planning Commission at their January 22 meeting and they had recommended approval. Director of Community Development Runkle said the sign in question was smaller in height and size than could be allowed with a pylon sign and met City Sign Code and setback requirements. Gustafson moved, Wachter seconded, a motion to approve a conditional use permit as requested by RHC Associates Joint Venture Ito allow a pylon sign located on Lot 1, Block 1, Cliff Lake Centre 2nd Addition along Cliff Lake Drive, north of Cliff Road in the southwest comer of Section 29 subject to the following conditions: 1. Sign shall be subject to the one-time sign fee of $2.50/sq. ft. 2. Sign face shall be limited to user identification/logo and time and temperature messages only. Page 10/EAGAN CITY COUNCIL MINUTES February 5, 1991 3. All other applicable code requirements. Councilmember Pawlenty said the minutes of the Advisory Planning Commission made reference to a master sign plan that was never adopted. He asked Mr. Runkle if they were operating without an agreement. Mr. Runkle said a plan is in place and is being followed, however, the City does not have a formal sign agreement with the applicant. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/OUTDOOR STORAGE KEVIN MELLON/MAGNUM TOWING Mayor Egan introduced this item as a conditional use permit for Kevin Mellon, dba Magnum Towing, to allow outdoor storage in a LI (Light Industrial) district on Lot 3, Block 1, Halley's 1st Addition located along the west side of Biscayne Avenue in the SE 1/4 of Section 36. City Administrator Hedges said the item had been considered at the January 22 Advisory Planning Commission meeting and the APC had recommended approval. Director of Community Development Runkle said that the application was for a conditional use permit renewal. He said the parcel in question was located in an area presently zoned Light Industrial (LI). Mr. Runkle said many of the concerns expressed by the APC were in regard to resident complaints that Mr. Mellon's tow truck was being operated out of his home. Mr. Kevin Mellon of Magnum Towing said problems caused by parking his tow truck at his home had been resolved. He said he had planned to eliminate all outside storage and store towed vehicles in a large building; however, abandoned the idea when there was no interest on the part of the property owner to sell. Councilmember McCrea asked Mr. Mellon if he was aware the conditional use permit being considered was for one year only and not the two year approval he had received in the past. Mr. Mellon indicated he was aware of the change. Wachter moved, Gustafson seconded, a motion to approve a conditional use permit for Kevin Mellon dba Magnum Towing for outside storage of vehicles in the Light Industrial district east of Highway 3, west of Biscayne Avenue, and north of Gun Club Road, Lot 3, Block 1, Halley's 1st Addition in the southeast quarter of Section 36 subject to the following conditions: 1. The permit shall allow storage of impounded and/or towed vehicles only. 2. The permit shall be valid for one year from the date of Council action. 3. This conditional use permit shall be recorded with Dakota County within sixty days of Council action and shall not become effective until the date of recording. 4. No "For Sale" signs shall be displayed and no sales or repair operations shall be conducted. 5. All applicable City ordinances. Aye: 5 Nay: 0 Page 11/EAGAN CITY COUNCIL MINUTES February 5, 1991 COMPREHENSIVE LAND USE GUIDE PLAN MAP REPRINT Gustafson moved, Pawlenty seconded, a motion to approve the updating and reprinting of the Comprehensive Land Use Guide Plan Map. Councilmember McCrea asked that the HUD property on Daniel Drive be clarified in the future as the entire parcel is presently designated as parkland when in reality the intent was to use part of the property as park with the remainder to be sold for possible development. Aye: 5 Nay: 0 REQUEST TO USE CITY LOGO/1991 SPECIAL OLYMPIC GAMES Mayor Egan said that staff member Ken Damlo had volunteered to serve on the 1991 Special Olympic Community Program Committee and as a member of that committee has asked for consideration of a request to incorporate the City of Eagan's logo in promotional activities. The Mayor said that when the City Council adopted Eagan's official logo, it was intended for the exclusive use of the City with any exceptions to be determined by the Council. Additionally, Mayor Egan said any exceptions to the policy could not result in profit for the user. Assistant Finance Director Damlo said he appreciated the Council's consideration. He said the main interest of the Community Program Committee was to promote interest in the 1991 Special Olympics. Mr. Damlo said the exact design incorporating the City's logo would be available within the next few weeks. Mayor Egan said that the intended use appeared to be dignified and sensitive to the City's concerns. Councilmember Gustafson said that if approval were given, he would assume that the integrity of the logo, i.e., its color and design, would be kept intact. Mr. Damlo said the logo would be incorporated into a larger design but would remain distinct and recognizable. Councilmember Pawlenty said he appreciated Mr. Damlo's involvement on this Special Olympics committee. Mr. Damlo said it had been gratifying for him and found the committee to be a very educational experience. City Administrator Hedges said a short video tape promoting the Special Olympics was available and the Council may wish to view it at an upcoming workshop session. Gustafson moved, Wachter seconded, a motion to approve a request by the 1991 Eagan Special Olympics Community Programs Committee to utilize the City's logo in a design to be used on posters and other promotional items for the purposes of education and community involvement. Aye: 5 Nay: 0 t 5 AGI'A 1991 CAPITAL EQUIPMENT Pawlenty moved, Wachter seconded, a motion to approve the 1991 Capital Equipment for the General Fund as revised and the allocation of a portion of the 1990 tax levy as a contingency to the General Fund Operating Budget during 1991. Aye: 5 Nay: 0 AMM BOARD OF DIRECTORS McCrea moved, Wachter seconded, a motion endorsing Mayor Tom Egan for an elected officials' vacancy on the AMM Board of Directors. Aye: 5 Nay: 0 Page 12/EAGAN CITY COUNCIL MINUTES February 5, 1991 MWCC AGREEMENT City Administrator Hedges said a letter had been received from the Metropolitan Waste Control Commission regarding a potential amendment to the agreement that the City and other entities spent so much time developing. He said it was important to evaluate what the changes meant to the overall agreement and whether these changes would require an amendment to the agreement. Mayor Egan said the City's consultant would investigate and give an opinion on the matter. He added that it was important that the City not lose credibility with the residents on this issue. Councilmember Pawlenty recommended that the neighborhood coalition be kept informed of any developments. SPECIAL CITY COUNCIL MEETING Gustafson moved, McCrea seconded, a motion to approve a special City Council meeting for February 26, 1991, at 5:30 p.m. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated January 31, 1991, in the amount of $7,008,156.48; the checklist dated February 4, 1991, in the amount of $310,445.67; and the checklist dated February 5, 1991, in the amount of $334,959.27. Aye: 5 Nay: 0 . E ECUTMp' SAi)JOLfRNtl r. The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 9:15 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session was adjourned at approximately 9:45 p.m. KF CITY OF EAGAN - lone LAL E. kanOverbeke, City Clerk EXHIBIT A .1991 PLVXBERB LICEN8E8 FEBRUARY S, 1991 AAA Abbott Plumbing & Heating Avoles Plumbers & Builders Bruckmueller Plumbing, Inc. Galaxie Mechanical Contractors, Inc. Gilbert Mechanical Contractors, Inc. J. Baars Plumbing & Heating Kelly Plumbing & Heating, Inc. Main Line Plumbing Matthew Daniels, Inc. McGuire & Sons Plumbing & Heating, Inc. Minnesota Mechanical, Inc. Nickelson Plumbing Northland Mechanical Contractors Nova-Frost, Inc. Nybo-Peterson Plumbing Co., Inc. Sauber Plumbing & Heating Co. Scherer Plumbing Star Plumbing & Excavating Summit Plumbing Thompson Plumbing Corp. United Water & Sewer Co. Valley Plumbing Co., Inc. Williams Plumbing