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01/04/1994 - City Council Regular 00001 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota January 4, 1994 A regular meeting of the Eagan City Council was held on Tuesday, January 4, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney James Sheldon. Mayor Egan said there would be an Executive Session to discuss pending litigation immediately following the regular meeting. There were no other changes to the agenda. Wachter moved, Masin seconded, a motion to approve the agenda for the January 4, 1994, regular City Council meeting. Aye: 5 Nay: 0 Councilmember Masin noted the following corrections to the minutes of the December 21, 1993, regular City Council meeting. Page 10, Paragraph 3, Sentence 2, correct names to: "Jerry and Diane Meszaros." Page 11, Paragraph 4, Sentence 1, correct title to: "Director of Community Development" Reichert. Wachter moved, Masin seconded, a motion to approve the minutes of the December 21, 1993, regular City Council meeting as amended. Aye: 5 Nay. 0 A. Personnel Items Item 1. Winter Recreation Leaders--It was recommended that the hiring of Kristopher Cavanaugh, Bryan Crepeau, Ken Fry, Rob Helebrant, Brian Kapferer, and Kristina Kapferer be ratified. Item 2. Assistant Utility Billing Clerk--It was recommended that the hiring of a person to be recommended by the Director of Finance for the position of Assistant Utility Billing Clerk be approved. B. Licenses. Plumbe rs It was recommended that the plumbers licenses listed in Exhibit A be approved. C. Proclamation. Child Passenger Safety Awareness Week. February 13-19. 1994 It was recommended that a proclamation designating February 13-19, 1994, as Child Passenger Safety Awareness Week be approved. R-94.1 D. Exemption. from Lawful Gambling License. The Eagan Foundation It was recommended that a resolution be approved exempting The Eagan Foundation from the lawful gambling license requirement and waiving the balance of the 30 day waiting period for the application. R-94.2 00002 PAGE 2/EAGAN CITY COUNCIL MINUTES January 4, 1994 E. Licenses. Service Station. Tobacco & Off-Sale Non-Intoxicating Malt Liquor. Cedarvale Texaco Food Mart. 3830 Sibley Memorial Hi hway It was recommended that a service station permit, tobacco license and an off-sale, non-intoxicating malt liquor license for Hussein Ansari doing business as Cedarvale Texaco Food Mart, 3830 Sibley Memorial Highway, be approved. F. Resolution. Authorizing Execution of Proxy in Favor of Certain Amendments to the Declaration of Trust of the Minnesota Municipal Money Market Fund It was recommended that the resolution authorizing execution of proxy in favor of certain amendments to the Declaration of Trust of the Minnesota Municipal Money Market Fund be approved. 8-94.3 G. Resolution. Giving Final Approval to the Issuance of the Multi-Family Housing Revenue Refunding Bonds. Aspen Woods of Eagan It was recommended that the resolution giving final approval to the issuance of multi-family housing revenue refunding bonds for Aspen Woods of Eagan be approved. 8.94.4 H. Consideration. Media Equipment Maintenance Service Contract It was recommended that a maintenance service contract for the City Council Chambers media equipment be approved with a firm to be designated. 1. Project 643. Receive Feasibility Rep,/Order Public Hearing (Oslund Timberline Addition - Street Rehabilitation) It was recommended that the feasibility report for Project 643 (Oslund Timberline Addition - Street Rehabilitation) be received and a public hearing scheduled to be held on February 1, 1994. J. Project 607A. Resolutions Restricting Parking, pproving Plans & Requesting Municipal State Aid Financing (Lone Oak Rd & Lexington Ave - Intersection Upgrade & Signalization) It was recommended that resolutions for Project 607A (Lone Oak Road & Lexington Avenue - Intersection Upgrade & Signalization) restricting parking, approving plans and requesting Municipal State Aid financing be approved and the Mayor and City Clerk authorized to execute all related documents. Awada moved, Wachter seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 IS S R--94.5 SURPLUS PROPERTY/FIRE DEPARTMENT Fire Chief Dale Nelson explained the process that has led to the declaring of 10 SCBA bottles as surplus property and the recommendation to donate them to the Deer River, Minnesota, Fire Department. Hunter moved, Masin seconded, a motion to declare 10 SCBA bottles as surplus property and directed the necessary steps to transfer this property to the Deer River, Minnesota, Fire Department. Aye: 5 Nay: 0 Councilmember Wachter noted that there are other small Fire Departments that may be interested in such equipment in the future. 00003 PAGE 3/EAGAN CITY COUNCIL MINUTES January 4, 1994 ITUR There were no Public Hearings. There were no Old Business items. WAIVER OF PLAT/GREAT OAKS ADDITION Mayor Egan introduced this item as a waiver of plat for Robert Engstrom Companies, in order to split Outlot C, Great Oaks Addition, and combine it with Lots 3, 6, and 7, Great Oaks Addition, located south of Great Oaks Place in the NE 1/4 of Section 14. City Administrator Hedges advised that this item had been before the Advisory Planning Commission at their December 28, 1993, meeting and they had recommended approval subject to conditions. Director of Community. Development Reichert explained the application and its location noting that the subject waiver is a condition of the Woodlands 4th Addition plat approval. Awada moved, Hunter seconded, a motion to approve a waiver of plat for Robert Engstrom Companies, in order to split Outlot C, Great Oaks Addition, and combine it with Lots 3, 6, and 7, Great Oaks Addition, located south of Great Oaks Place in the NE 1/4 of Section 14, subject to the following conditions: 1. The applicant shall record the waiver of plat with Dakota County and provide documentation to the City within 60 days of City Council approval. 2. The applicant is required to have the tax parcel identification numbers for the new lots in Outlot C to be the same as the tax parcel identification number of the lot with which it is combined. Aye: 5 Nay: 0 R-94.6 SITE PLAN REVIEW/PERKINS RESTAURANT TOWN CENTRE 70 - SIXTEENTH ADDITION Mayor Egan introduced this item as site plan review for the Perkins Restaurant, Lot 2, Block 1, Town Centre 70 - Sixteenth Addition, containing a Perkins restaurant located along the west side of Town Centre Drive in the NW 1/4 of Section 15. City Administrator Hedges stated that this item had been before the Advisory Planning Commission at their December 28, 1993, meeting and they had recommended approval subject to conditions. Director of Community Development Reichert explained the application and its location. She briefly discussed parking requirements and noted that a number of issues had been resolved. Councilmember Hunter suggested approval subject to an additional condition that the trash enclosure be constructed of brick. Councilmember Wachter indicated agreement if the building materials adjoining the 00004 PAGE 4/EAGAN CITY COUNCIL MINUTES January 4, 1994 enclosure were also brick. The trash enclosure is intended for a comer of the building and the material at that location is brick. Hunter moved, Wachter seconded, a motion to approve a site plan review of Lot 2, Block 1, Town Centre 70 - Sixteenth Addition containing a Perkins Restaurant along the west side of Town Centre Drive in the NW 1/4 of Section 15, subject to the following conditions: 1. The pylon sign height maximum is 27. A reduction of 8' is required to meet code. 2. The maximum height for the flag pole is 35'. 3. The northerly driveway connection to Town Centre Drive shall be shifted to the north 60' to provide improved separation to the proposed Kohl's driveway. 4. The proposed sanitary sewer service shall include a manhole on the service line at the edge of the drainage and utility easement. 5. The trash enclosure shall be constructed of brick. Aye: 5 Nay: 0 CEDARVALE SPECIAL SERVICE DISTRICT PUBLIC HEARING Mayor Egan introduced this item as reschedule Cedarvale special service district public hearing. Hunter moved, Awada seconded, a motion to approve a rescheduling of the public hearing on the Cedarvale retail area special service district to February 1, 1994. Aye: 5 Nay: 0 PROPOSED 1994 PENSION CHANGES FIRE RELIEF ASSOCIATION Mayor Egan introduced this item as proposed 1994 pension changes/Volunteer Fire Department Relief Association. In their review of this item, the City Council requested additional information from the Fire Relief Association which would outline specific justification for an increase and why the Association believes an increase is necessary. The City Council did, however, agree to support current legislative funding levels and suggested that the City's Fire Relief Association join other associations in seeking a change in the cap on pensions approved by the State Legislature. If the Legislature does remove the cap on pension amounts, the City Council will again review the issue to determine whether any changes should be made at the local level. Wachter moved, Hunter seconded, a motion retaining current legislative pension levels but directing the City Administrator to support the City's Volunteer Fire Department Relief Association's efforts with other relief associations to establish special legislation lifting the cap on pension levels. If the cap is subsequently removed, the City Council will again review the lump sum pension amounts and whether any increase in the benefit should be allowed. Aye: 5 Nay: 0 PAGE 5/EAGAN CITY COUNCIL MINUTES January 4, 1994 000 0 BUILDING/REMODELING PROJECT Mayor Egan introduced this item as a Municipal Center Remodeling/Police Department Building Project Update. City Administrator Hedges reported on a meeting of the Public Works Committee held on December 29, 1993, with the City Administrator and Construction Manager Mike Stowe. After a number of questions about the Summary of Items Discussed, which was included with the Administrative Agenda, it was recommended that the Public Works Committee continue to meet as the project progresses. SPECIAL CITY COUNCIL MEETINGS Hunter moved, Masin seconded, a motion to approve special City Council meetings for January 18 at 5:00 p.m. for a presentation on a "downtown" concept and for January 25 at 5:30 p.m. to discuss annual departmental work programs. Aye: 5 Nay: 0 JAMES E. OSLUND/BUILDING PERMIT Director of Community Development Reichert explained that a request had been received from James E. Oslund for a building permit to build an accessory structure, 28X45' and 12' in height on his property located at Lone Oak Road and Pilot Knob Road. The metal building is proposed to be constructed in addition to an existing tuck-under garage and detached garage. Ms. Reichert indicated that according to her interpretation of the City Code, this structure would go beyond the definition of a private garage and would not be permitted. She said it was possible Mr. Oslund would appeal her interpretation; however, the Council indicated their support for staff's position. FISCAL DISPARITIES Councilmember Wachter brought up the subject of fiscal disparities and his concerns that while it is much discussed, nothing ever seems to change. He wondered if other communities felt the same way. Councilmember Hunter indicated that with new boundaries, the net losers seemed to be losing more, and the net gainers, gaining more. The Councilmember said he had talked to Bob Renner of the Municipal Legislative Commission (MLC) and Mr. Renner had indicated that many communities feel the same way as Eagan does about fiscal disparities but perhaps not to the same extent. Councilmember Hunter recalled that the Legislature was close to a change in the formula for fiscal disparities approximately three or four years ago when it fell apart at the last minute. He said that while a lot of work went into that effort and left many people reluctant to try again, it may be time to refocus. Councilmember Wachter stated that Eagan should take a more aggressive stance and Councilmember Hunter suggested having Mr. Renner draft ideas for legislation. He said someone else could spearhead the effort but at least the City would have something tangible to take to other cities in garnering their support. Mayor Egan said the MLC is the right organization to deal with this issue and noted that their legislative agenda annually is 10 - 15 items with the biggest issue still fiscal disparities. Councilmember Hunter asked if it might help to come to an MLC Board of Directors meeting. City Administrator Hedges said the Council could do that or perhaps Bob Renner could be invited to a workshop session to discuss issues and the overall "metro-politics" regarding fiscal disparities. The Council agreed it would be beneficial. 0000E PAGE 6/EAGAN CITY COUNCIL MINUTES January 4, 1994 NOTES Placement of Visitors to be Heard on the agenda will be addressed at the Organizational Meeting on January 18. Councilmember Masin reported on her involvement with the upcoming Community Forum on January 13 and the Land Planning Symposium on January 23. Councilmember Hunter said he was still working on the issue of school district boundaries and indicated it would take special legislation. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist in the amount of $1,134,892.60, dated December 30, 1993. Aye: 5 Nay. 0 ADJOURNMENT/EXECUTIVE SESSION The regular meeting of the Eagan City Council was adjourned to Executive Session to discuss pending litigation at approximately 8:15 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, Hunter, Masin and Wachter, City Administrator Hedges, Director of Public Works Colbert, and City Attorney Jim Sheldon. The Executive Session was adjourned at approximately 8:30 p.m. KF CITY OF EAGAN J erk If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535).