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02/15/1994 - City Council Regular f 1 0004 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota February 15, 1994 A regular meeting of the Eagan City Council was held on Tuesday, February 15, 1994, 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. AGEI*11E?A Masin moved, Wachter seconded, a motion to approve the agenda for the February 15, 1994, regular City Council meeting as presented. Aye: 5 Nay: 0 Awada moved, Masin seconded, a motion to approve the minutes of the February 1, 1994, regular City Council meeting as presented. Aye: 5 Nay: 0 D PA tT I 'X' HEAD BUSINESS PARKS AND RECREATION DEPARTMENT Mayor Egan introduced this item as direction/architectural selection process, civic arena project. City Administrator Hedges provided background on this item and indicated that Director of Parks and Recreation Vraa was available to answer any questions. It was noted there are two alternatives being proposed by staff regarding the selection of an architectural firm. One alternative would be the distribution of an RFP to any and all architectural firms that may be interested in the project and the other would be to pre-select architectural firms for interviews. Councilmember Awada asked what the difference in time frame would be between the two alternatives and staff indicated approximately two to three weeks. It is the Civic Arena Fund Raising Committee's preference to go with the shorter list and Councilmember Hunter pointed out that since they are spending money they have raised, they should do what they prefer. Mayor Egan noted that some architects are very experienced in the field and since the selection of an architect will facilitate solicitation of funds, he added his support for alternate 2. City Councilmember Wachter also agreed with the short list and volunteered to serve as a member of the selection committee. Hunter moved, Awada seconded, a motion to authorize staff to proceed with the selection process for a civic arena architect as defined by alternate 2 and that Councilmember Wachter be appointed as a member of the Architect Selection Committee. Aye: 5 Nay: 0 Discussion then turned to the wading pool and whether it should be included in this phase of the project development. Councilmember Hunter stated that the wading pool was intended to be built at the same time as the Civic Arena and not as a part of a subsequent phase. Mayor Egan agreed, however, questioned whether the wading pool should be included at this time or if it would be more appropriate in a subsequent phase or as a part of the downtown development. He said wading pools have a typical neighborhood orientation and would like to see the facility built, but in an appropriate location. Hunter disagreed saying a wading pool would have city-wide benefit, not just neighborhood. After additional discussion about various possibilities including a water spray park, whether or not the wading pool could be moved at a later date, and the impact on operations, it was suggested that the wading pool be deferred to a workshop session. Mayor Egan agreed that a workshop would be beneficial. The Council then 0004 1 Page 2/EAGAN CITY COUNCIL MINUTES February 15, 1994 discussed the preparation of schematics for the site and it was agreed that it would be valuable in planning the entire site. It was additionally agreed that their cost should be borne by the City and not the responsibility of the Civic Arena Fund Raising Committee. 1tiIISCELL4NI OUS I EMS< CITY-WIDE NEWSLETTER Joanna Foote, Communications Coordinator for the City, reviewed the upcoming changes to the city- wide newsletter format. MOSQUITO CONTROL With Councilmember Awada's concerns about the costs associated with the Mosquito Control Board and Councilmember Wachter's concerns about contamination of ground water, Director of Parks and Recreation Vraa explained that the Advisory Parks, Recreation and Natural Resources Commission would be researching the entire issue. .CONSENT AGENDA Councilmember Masin explained that she would abstain from voting on item D, Premises Permit Renewal for Eagan Lion's Club/Cedarvale Lanes, to avoid the appearance of a conflict of interest. Councilmember Masin's husband is a member of the Lion's Club and is also involved in the pull-tab gambling operation. In reference to Item H, Approve Waiver of Interest and Penalties on Special Assessments, Fish and Wildlife Service Property, staff noted that because the City does not have the authority to force payment, the Fish and Wildlife Service's agreement to pay the principal if the City waives the penalties and interest, seems a reasonable compromise. In answer to a question from Councilmember Wachter regarding Item I, City Administrator Hedges will look into the reimbursement of the City for any out-of-pocket costs for the Cable Coordinator, including rent. A. Licenses. Plumbers It was recommended that the plumbers licenses listed in Exhibit A be approved. B. Gambling Permit. Minnesota Valley Humane Society, Valley Lounge Premises It was recommended that the gambling permit for the Minnesota Valley Humane Society at the Valley Lounge premises be approved. R-94.11 C. Premises Permit. Renewal for Knights of Columbus #7604. Richard's Food and Liquor Premises It was recommended the premises permit renewal for Knights of Columbus #7604 at Richard's Food and Liquor, be approved. R-94.12 D. Premises Permit. Renewal for Eagan Lion's Club. Cedarvale Lane It was recommended the premises permit renewal for the Eagan Lion's Club at Cedarvale Lane be approved. (Abstain: Masin) R-94.13 Page 3/EAGAN CITY COUNCIL MINUTES 0 0 February 15, 1994 E. Massage Therapy Establishment Business License. Kokomo Tan. 1960 Cliff Lake Road. #108 It was recommended that a massage therapy establishment business license be approved for Kokomo Tan at 1960 Cliff Lake Road, #108. F. Massage Therapy License. Susan Stearns. Kokomo Tan It was recommended that a massage therapy license for Susan Stearns at Kokomo Tan at 1960 Cliff Lake Road, #108 be approved. G. Proclamation. Volunteers of America Week. March 6 - 13. 1994 It was recommended that a proclamation declaring March 6 - 13, 1994 as Volunteers of America Week be approved. R-94.14 H. Approve Waiver of Interest and Penalties on Special Assessments. Fish and Wildlife Service Property It was recommended to waive penalties and interest of $1,358.98 and accept the settlement offer of the U.S. Fish and Wildlife Service on parcel 10-0800-021-57. 1. Approve 1993 General Fund Budget Adjustments and the 1993 and 1994 Special Revenue Fund Budgets It was recommended the 1993 General Fund Budget adjustments and the 1993 and 1994 Special Revenue Fund Budgets be approved. J. Extension for Recording Final Plat with Dakota County. Johnston Addition (Coca Cola Bottling) It was recommended a 30 day extension for recording of the final plat for Johnston Addition (Coca Cola Bottling) at the County be approved. K. License. Non-Intoxicating Malt Liquor License at Cub Foods. 1940 Cliff Lake Road. Change in Name of License Holder It was recommended a change in name of the license holder of the non-intoxicating malt liquor license for Cub Foods at 1940 Cliff Lake Road be approved. L. Project 667. Receive Report/Order Public Hearing(Cedarvale Drive - Reconstruction) It was recommended the feasibility report for Project 667 (Cedarvale Drive - Reconstruction) be received and a public hearing scheduled to be held on March 15, 1994. M. Project 638. Receive Report/Order Public Hearing (Yankee Doodle Road - Reconstruction It was recommended the feasibility report for Project 638 (Yankee Doodle Road - Reconstruction) be received and a public hearing scheduled to be held on March 15, 1994. 00043 Page 4/EAGAN CITY COUNCIL MINUTES February 15, 1994 N. Amended Legislation. Cedarvale Special Service District #1 It was recommended the amended draft legislation clarifying the authorities being requested for a special service district #1 for the Cedarvale retail area be approved. 0. Contract 92-11. Approve Final Payment /Authorize City Maintenance (Lakeview Trail Addition - Streets & Utilities) It was recommended that the 7th and final payment in the amount of $30,969.70 for Contract 92-11 (Lakeview Trail Addition - Streets, Utilities & Streetlights) to Northdale Construction be approved, and the improvements for perpetual City maintenance authorized subject to appropriate contractual warranty provisions. Hunter moved, Wachter seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 [except item D, Premises Permit, Renewal for Eagan Lion's Club, Cedarvale Lanes, Aye: 4 Nay: 0 Abstain: 1 (Masin)] 1BLIC'!'iIEARINGS BLUE CROSS ROAD, STREET RECONSTRUCTION AND TRAILWAY IMPROVEMENTS Mayor Egan introduced this item as Project 646, Blue Cross Road (Street Reconstruction and Trailway Improvements). Director of Public Works Colbert explained that in accordance with the City's five year capital improvement program, a detailed feasibility report had been investigated and prepared addressing improvements to Blue Cross Road from Blackhawk Road to Yankee Doodle Road. With the exception of Sky Hill Park, 100% of the assessable frontage is under the ownership and jurisdiction of Blue Cross/Blue Shield and they are in support of the project as proposed. Mark Hanson, Bonestroo, Rosene, Anderlik & Associates, explained the project and its location and addressed the total costs and proposed assessments. After brief additional discussion, Hunter moved, Wachter seconded, a motion to close the public hearing and approve Project 646, Improvement B (Blue Cross Road - Street Reconstruction and Trailway Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 ENGLERT ROAD/STREETS & UTILITIES Mayor Egan introduced this item as Project 647, Englert Road (Streets & Utilities). After brief remarks by the Director of Public Works, Mark Hanson of Bonestroo, Rosene, Anderlik & Associates, explained the location and the proposed project. Mr. Hanson noted the estimated costs and those properties proposed to be assessed. He said the developer is working with the adjacent property owners. Don Peterson, Good Value Homes, then described the agreements reached with the adjacent property owners. He said Lots 1 and 2 of the Bruestles Addition would have their assessments capped at $6,000. They have reached agreement with Margaret Bruestle to purchase 17,000 square feet needed for an easement and her assessment will also be capped at $65 a front foot. If the assessments come to more than the capped amount, Mr. Peterson asked that any excess be spread to the Good Value property. If that is not possible, Good Value will provide the City with a letter of credit for the difference. Mr. Peterson then addressed the Ron Bruestle property (010-77) and noted that the assessments are proposed at approximately $22,000. Considering the size of the property, that amount is very high; however, Good Value Homes will indemnify and pay the difference between the appraised value and the actual benefit to the property. He said an appraiser would be hired by the City but paid by Good Value Homes. In answer to a question by the City Council, Director of Public Works 00044 Page 5/EAGAN CITY COUNCIL MINUTES February 15, 1994 Colbert stated that the agreements appear to be reasonable and are acceptable to the City if they are acceptable to all adjacent property owners. He noted that the agreements would be clarified in the development agreement. Ron Blomquist, representing Margaret Bruestle, said they would not oppose this project based on the capping of the costs to Ms. Bruestle's property as well as Good Value's purchase of 17,000 square feet of property for the road easement. In regard to the "capping" agreement, he said their concern was the agreement would depend upon Good Value Homes' funding the difference. Mr. Blomquist said they would prefer that the City spread any excess assessments over the Good Value properties rather than look to Good Value Homes for compensation. City Attorney Sheldon said such an arrangement should not be a problem if all parties agree. Mr. Peterson stated that all parties are in agreement, however, noted that arrangements with Ron Bruestle had not been worked out yet. Councilmember Wachter expressed his concern that access onto Pilot Knob Road from Englert would present a problem. Director of Public Works Colbert said that the installation of a signal at Wescott Road and Pilot Knob in 1994 should provide sufficient gaps in traffic to allow access opportunities from Englert Road. Hunter moved, Wachter seconded, a motion to close the public hearing and approve Project 647 (Englert Road - Streets and Utilities) as represented and referenced by the agreements between Good Value Homes and the adjacent property owners and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 WILDERNESS RUN 1ST - 4TH ADDITIONS STREET RESTORATION Mayor Egan introduced this item as Project 660, Wilderness Run 1st - 4th Additions (Street Restoration). City Administrator Hedges explained the history of the City's five year capital improvement program and its development as a planning tool so that improvements are not all scheduled for the same time. After brief remarks by Director of Public Works Colbert, Steve Gatlin of Maier, Stewart and Associates, explained the project area and the proposed improvement. Mr. Gatlin then described the cost of the project and the amount proposed to be assessed. Mayor Egan then made opening remarks regarding the City's reconstruction program. He noted that representative appraisals would be performed to insure that assessments do not exceed the benefit to the affected properties and opened the hearing to public comment. Bob Pfaff, 1301 Wilderness Run Drive, said the alligator cracking on his street was caused by truck traffic when the Wilderness Run Additions were developed. Mr. Pfaff said the costs are too high and he cannot afford the assessments. Lon Weidenhaft, 1358 Cosmos Lane, agreed that the streets have to be maintained but said this project is overkill. He said the roads have not deteriorated at all since he moved in and he does not believe the project would increase the value of his home. He said slides shown earlier by Mr. Gatlin were obviously taken in the spring when streets look their worst (Note: the slides were taken in the late fall) and he indicated he would like to see the project delayed and reevaluated. Mr. Weidenhaft said milling and seal coating should be sufficient but not complete reconstruction. He also wanted to point out that "City money" and assessed money are still taxpayer's money. Mayor Egan noted that the cost of maintaining deteriorating streets is also taxpayer money. Phyllis Ligman, 4374 Garden Trail, asked for clarification of the different terms used in the project and asked why the higher costs weren't passed on to those who need more extensive reconstruction. She said if there is less work involved in paving in front of your home, you should pay less. Director of Public Works Colbert explained the different terms involved in the project and noted that the City looks at a project from the Page 6/EAGAN CITY COUNCIL MINUTES February 15, 1994 standpoint of the entire neighborhood. It is assumed that the entire neighborhood uses the streets and they are of benefit to the entire neighborhood. City Attorney Sheldon later clarified that with public improvements, state law requires that similar property be assessed similarly. Director of Public Works Colbert then addressed a question that was included in a letter of concern to the City asking why improvements in this neighborhood were approximately $3,500 when they were only $1,800 to $2,000 in Cedar Grove. Mr. Colbert said the feasibility report indicated a similar price for Cedar Grove but as a result of the appraisal process, the benefit was deemed to be less and the amount proposed to be assessed reduced. Mayor Egan also explained that with the project in Cedar Grove last year there were 790 homes and 8.2 miles of street but not one assessment appeal. He said the City is trying to accomplish the same with this project and while concerns about the cost are well taken, if the project is not completed in a timely manner, the costs will only go higher. Mary Beth Johnson of Ches Mar Circle said it would be helpful if appraisals were completed before approving the project. Mayor Egan pointed out, however, that the City needs to know if it's going forward with the project before spending money on appraisals. It was explained the opportunity to further discuss assessments at the final assessment hearing. Ms. Johnson then asked if milling where reconstruction was indicated would be a total waste of money. Director of Public Works Colbert said unfortunately the bituminous cannot really be ground down when nothing is holding it together. In addition, there are areas where the sub-grade has lost its stability and milling with an overlay would not do any good. Councilmember Wachter noted that these are the preliminary steps and the decision to move forward comes when the bids are received. Joe Kryschyshen, 4455 Ches Mar Circle, discussed the cost to those intended to be assessed and said $35 per month is an inconvenience to any family. More notice would have been appreciated to permit proper planning time for this increase in expenses. Mayor Egan agreed and noted that if a resident lives in a neighborhood that is 20 - 30 years old, they can plan on this type of project in the near future. Councilmember Hunter pointed out that the City has a five year capital improvements program and a resident could call and verify whether their neighborhood is in the plan and whether such a project is coming up. Councilmember Awada also advised that if the project is approved, the first assessment payment wouldn't be due until October of 1995. The hearing was then closed to public input. After brief discussion regarding the Pavement Condition Index numbers, Wachter moved, Hunter seconded, a motion to close the public hearing and approve Project 660, Wilderness Run 1st - 4th Additions (Street Restoration) and authorize the preparation of detailed plans, specifications and representative appraisals. Aye: 5 Nay: 0 OLDBUSL WES CITY CODE AMENDMENT/GENERAL GOVERNMENT Mayor Egan introduced this item as ordinance amendment, Chapter 2, Administration and General Government, Section 2.11 regarding salary of mayor. City Administrator Hedges said it had been some time since a change had been considered in the salaries for the Mayor or City Council. He noted that if they are amended, the increases will not take effect until after the next election on January 1. City Administrator Hedges said a survey had been performed in the metro area and Eagan's salary for the Mayor and City Council were the lowest per capita. 0004 Page 7/EAGAN CITY COUNCIL MINUTES February 15, 1994 Councilmember Hunter said his original intent was to raise the salary of the Mayor only. However, based on the survey showing the Mayor and the City Council having the lowest salaries per capita in the metro area, consideration could be given to amending both the Mayor and City Council salaries because: 1) the salaries have not been raised since 1987, 2) the population has increased greatly since 1987, prompting a corresponding increase in responsibilities and demands and 3) the City wants to attract quality candidates. Therefore, City Councilmember Hunter proposed $750 per month for the Mayor and $540 per month for the City Council, salaries that are the third lowest rather than the lowest. He recommended an appropriate ordinance amendment be placed on the consent agenda and brought back for ratification at the February 28 regular City Council meeting. Mayor Egan noted that even if the salaries are increased from lowest to third lowest, they could be last again by the time they are implemented. He stated he had intended to abstain from voting, however, since the salary increases will not take effect until after the election, he did not believe it necessary for any of the City Council to abstain. Councilmember Awada added that the job takes a toll and people are surprised at how low the salaries are. Hunter moved, Wachter seconded, a motion to approve an ordinance amending City Code, Chapter 2, Administration and General Government, Section 2.11, raising the salary of the Mayor to $750 per month and the salaries of the City Council to $540 per month effective January 1, 1995, and to be ratified with the consent agenda on February 28, 1994. Aye: 5 Nay: 0 INDUSTRY PRESENTATION/ON-SALE LIQUOR LICENSES Mayor Egan introduced this item as licenses for on-sale liquor availability and criteria. City Administrator Hedges explained the original request received, the events leading up to the reevaluation of policy and the subsequent plan to go to the state legislature to increase the number of on-sale liquor licenses available in the city from 18 to 28. He said while this action was taken at a regular City Council meeting and the agenda published, members of the business community have subsequently asked for the opportunity to address the City Council regarding this issue. Al Baker, owner of Al Baker's Restaurant, provided a history of his involvement in the industry and his business in Eagan. He spoke of the difficult economic times and noted that competition increased dramatically in 1993. Much of this change was due to the opening of the Mall of America and expansion of casino gambling. Mr. Baker referred to the recent closing of Mississippi Live in Minneapolis saying the biggest reason was too much competition. In closing, he said in the best interest of the community, the restaurant owners in Eagan ask the City Council to withdraw their request for additional liquor licenses. Discussion turned to whether withdrawing the request for legislation increasing the number of liquor licenses, could be construed as protectionism. The Council agreed there are too few licenses available as the policy exists now, but there was some disagreement as to how to address the issue. Councilmember Wachter suggested deferring the request to the next legislative session and reopening discussion regarding the three the City still has available for issue. A question arose as to whether the City could hold the existing licenses until the "right" applicant came along; however, it was noted that if an applicant met all criteria, the license could not be denied. The City Attorney said without a basis for denial, denial could be interpreted as arbitrary and capricious. Mayor Egan stated that it was a matter of fairness. He said if the City regulates an operation, it should enhance the value of what is being regulated or there is no point in regulation. He said he was willing to reconsider the number of licenses being requested from the Legislature as long as the City Council faced the reality regarding the licenses it has reserved. Councilmember Masin cautioned that what had brought the City 00Q4"x7 Page 8/EAGAN CITY COUNCIL MINUTES February 15, 1994 Council to this point was being hemmed in by too few on-sale liquor licenses left for issuance. As a compromise, she suggested changing the City's request for special legislation to a lower number. Councilmember Hunter expressed his interest in protecting the value of existing establishments, however, he too cautioned against protectionism. He agreed that ten additional licenses may be too many, however, the City Council needs some freedom as there is no existing breathing room. Mayor Egan suggested the City take all existing licenses including those reserved for hotels off the shelf before going to the legislature. Councilmember Wachter agreed saying that the City could use what it has now and then defer any action to increase that number to the next legislative session. Councilmember Awada acknowledged little interest in taking away the licenses reserved for a hotel until being assured that additional licenses can be obtained. She added that while she understands the problem, she has philosophical differences with the proposed solution. Councilmember Hunter suggested the City go ahead with the special legislation but reduce the number from ten additional licenses to three. In the meantime, he recommended that the City Council revisit the ordinance and the criteria for the issuance of its licenses. Mr. Baker suggested that based on current economic conditions, that the City does not need additional licenses as yet. He said the City has three licenses available now and even if all were issued, by the time a hotel needed a license, one could be obtained through special legislation. Mr. Baker then addressed the criteria and suggested that under today's economy, the criteria are too stringent. Mayor Egan agreed that if the numbers were increased, the criteria would have to be reviewed and perhaps reestablished. After additional discussion, Hunter moved, Masin seconded a motion directing staff to contact representatives Tom Commers and Tim Pawlenty and Senator Deanna Weiner to advise them of the City Council's decision to change the request for special legislation from ten, on-sale liquor licenses to three. Aye: 5 Nay: 0 RATIFICATION/MUNICIPAL CENTER/POLICE FACILITY Mayor Egan introduced this item as ratification of the Municipal Center/Police Facility project. The City Administrator provided background and explained the proposed project costs as well as the use of Community Investment Funds for this purpose. He said the basic public policy issue, however, is whether interest earnings would be used for the project or whether the City Code should be amended and principal used to cover the cost. He said he and the Director of Finance had reviewed the options available and feel the City would be best served through a repeal of the CIF ordinance and through utilization of the option of spending the principal. Councilmember Hunter said the Community Investment Fund ordinance does not belong as an ordinance. He suggested the City Council repeal the ordinance and utilize the principal for the building project. Mayor Egan said the Community Investment Fund has restrictions as to its uses, however it was never intended that the funds be held indefinitely but, rather, used as needed. Councilmember Awada agreed that the Community Investment Fund is the right mechanism to pay for the building project, however, stated she would vote against the Municipal Center portion of the project because of the costs. After further discussion, it was noted that the ordinance will be retained only as it makes provision for the creation of a City policy. Wachter moved, Masin seconded, a motion to approve the Police Department building project as presented. Aye: 5 Nay: 0 Wachter moved, Egan seconded, a motion to approve the Municipal Center remodelling project as presented. Aye: 4 Nay: 1 (Awada) 0004 . Page 9/EAGAN CITY COUNCIL MINUTES February 15, 1994 City Administrator Hedges stated that language dealing with the Community Investment Fund will be brought back as an action item on an appropriate ordinance. Mayor Egan also added that the public should be aware that the City Council had met numerous times in workshop session regarding the building project and commended staff on the work they had done. NEW BUSINESS> SPECIAL USE PERMIT/TARGET TEMPORARY GREENHOUSE Mayor Egan introduced this item as a special use permit for Target Stores, Inc., to allow a temporary greenhouse located at 2000 Cliff Lake Road. City Administrator Hedges said this item had been before the Advisory Planning Commission at their January 25 meeting and they had recommended approval. Director of Community Development Reichert explained the request and its time frame and noted that a temporary greenhouse had been approved for Target in 1993. Councilmember Wachter questioned the 20' drive aisle next to the temporary greenhouse; however, Hunter said it had not proved to be a problem last year. Tammy Larson, representing Target Stores, was available to answer any questions. Awada moved, Hunter seconded a motion to approve a special use permit for Target Stores, Inc., to allow a temporary greenhouse located at 2000 Cliff Lake Road, subject to the following conditions: 1. This permit is temporary and shall be valid from April 15, 1994 through July 7, 1994. 2. This permit shall be subject to all applicable code requirements. Aye: 4 Nay: 1 (Wachter) REZONING/NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY Mayor Egan introduced this item as a rezoning for Northwestern Mutual Life Insurance Company of approximately 5.8 acres from NB (neighborhood business) and GB (general business) to a PD (planned development) district located along the west side of I-35E south of Lone Oak Road in the NE quarter of Section 10. City Administrator Hedges advised that this item had been before the Advisory Planning Commission at their January 25 meeting and they had recommended approval. Director of Community Development Reichert explained the location and the facility proposed. She then discussed the major issues addressed by the Advisory Planning Commission and while most had been resolved, three issues remained. The first issue involved the trash enclosure for the Hampton Inn. The Hampton Inn standard design does not include an enclosure for trash and they proposed a freestanding building set into a berm, constructed of materials and of a color that would blend in. Ms. Reichert indicated it was the Advisory Planning Commission's preference that the building be redesigned. An additional concern of the Hampton Inn is the amount of noise that a trash area would generated next to a hotel guest room. Community Development Director Reichert then showed photographs illustrating other trash enclosures in use throughout the City. Ms. Reichert explained the APC's second issue of concern regarding the rear elevation of the Cracker Barrel restaurant which would face I-35E. The APC feels strongly that landscape screening would be inadequate and that the rear side of the building should be redesigned to look like a "front" with windows. It is the applicant's recommendation that the berm be built up and additional landscaping installed. 00043 Page 10/EAGAN CITY COUNCIL MINUTES February 15, 1994 Lastly, Ms. Reichert explained the pylon sign issue. The applicant is requesting two, 60' pylon signs while the City Code permits a maximum height of 27 feet. She said the applicant had performed a study which they believe shows both signs are needed. Director of Community Development Reichert said her concerns deal with policy and the implications of this request on other locations along the freeway. Ms. Reichert then noted the Advisory Parks, Recreation and Natural Resources Commission's concern regarding the 10' parking stalls. It is their recommendation that 9' stalls be implemented, thereby reducing the amount of impervious surface. Mark Anderson, representing Opus Corporation and the Northwestern Mutual Life Insurance Company, indicated their approval and provided a history of the Eagandale Industrial Park. He stated that the Hampton Inn and Cracker Barrel restaurant are consistent with their long range planning and further stated his client's support for the 9' parking stalls. Mr. Les Taylor, representing Cracker Barrel restaurants, discussed the restaurant's concept. He stated that the building is approximately 10,000 square feet, attracts interstate travelers, and employs 135-150 people. Mr. Taylor indicated that Cracker Barrel does not advertise by radio or television so a pylon sign variance for a greater height is important to the project. He also stated that the rear elevation of the building includes trees and other vegetation instead of just berming. Ron Smith, representing he and his partner Dave Lenz, the developers and owners of the Hampton Inn, provided information regarding their partnership and the hotels they own. He said while the signage is important, it is perhaps more important to Cracker Barrel restaurant. The major issue to the Hampton Inn is the refuse container enclosure and Mr. Smith proposed working with staff to resolve. He gave several reasons why the refuse enclosure requirement should be modified: 1) will the City or its residents benefit from the requirement because it involves no messy garbage and is only trash from the hotel, 2) the requirement is extremely rare and is unprecedented among the other 380 Hampton Inns constructed throughout the country, 3) the attached trash enclosure would present a safety hazard because the Hampton Inn stores not only trash in their enclosures but also lawn chemicals, mowers, snow blowers, etc., 4) the Hampton Inn will not permit an attached refuse enclosure and without their consent, the project will not proceed. Mr. Smith said he agrees with the goals of the requirement but attaching the enclosure to the building is not the answer. As a compromise, he suggested a four-sided, detached enclosure, properly located and built into the berm with appropriate landscaping. He said conditions should benefit rather than cause hardship and there is no question that emptying trash would disturb guests. With the Hampton Inn's satisfaction guarantee, Mr. Smith said they would be refunding a good deal of money to dissatisfied customers. The City Council then discussed the outstanding issues. Mayor Egan indicated his concerns about implementing and adopting policy at the same time. While he agreed he would consider a variance at a separate time, he was not willing to take action on a sign variance with the pending application. After additional discussion, it was the Council's consensus that they would support a freestanding trash building with significant berming and landscaping because it was fully enclosed, and because of safety issues involving chemicals and machinery. As to the design of the rear of the Cracker Barrel building, staff will work with the applicant to reach a satisfactory solution. The pylon signs will have to be considered on their own merits, although the Council would agreed to permit two 27' pylon signs and then review the policy at a later date. Lastly, because the parking area will not change whether stalls are 9' or 10', it was the recommendation of the City Council that the City stay with the 10' width. Councilmember Wachter stated he would rather agree to less stalls than to agree to all of the stalls being 9'. The rest of the Council agreed. Therefore, Hunter moved, Awada seconded, a motion to approve a rezoning of 5.77 acres from neighborhood business and general business to a planned development district for a Cracker Barrel Old Country Store, Inc. and the Hampton Inn for property located on the west side of I-35E, south of Lone Oak Road in the NE quarter of Section 10 subject to the conditions set forth in the minutes of the Advisory Planning Commission as follows: Page 11/EAGAN CITY COUNCIL MINUTES February 15, 1994 General Conditions: 1. A four-story, 122 unit Hampton Inn shall be an approved use on Lot 1. 2. A 9,748 sq. ft. Cracker Barrel restaurant shall be an approved use on Lot 2. 3. The associated Final Plat shall be approved and recorded at Dakota County. 4. Execution of a Final Planned Development Agreement including: final building elevations; final overall landscaping on a grading plan; final overall signage plan; and final pedestrian walkways and lighting detail plan. 5. All landscaped and green areas shall be irrigated. 6. All rooftop mechanical equipment shall be screened so as not to be visible from any public right-of-way or street. 7. Two pedestrian access points lighted with bollards shall be provided along the common lot line shared by Lots 1 and 2. 8. The pedestrian ingress/egress easement to be executed and recorded by the landowners which includes the City as a third party beneficiary shall be approved by the City Attorney prior to Final Plat. 9. All pylon signs must be constructed to be consistent with City Sign Code requirements. of-ft height of 60', 125 Sq. ft. ffial4iffitiffi SigH faee POF side, and pFevide the Fainifflum 309! spacing. 10. All exterior materials shall be maintained in a first-class manner. 11. The entire Planned Development shall utilize uniform pole lighting and cut-off fixtures. Hotel Conditions: 1. On site P04ifig Stalls Shall 60 pOr-Filitted 9' . 1. The hotel shall be constructed so as to achieve a maximum interior should level of 50 dBA as certified to the City by an architectural acoustics specialist. 2. All trash receptacles shall be located within a detached, four-sided enclosure, constructed into the berm and of the same materials as the principal building and landscaped to a level acceptable to the City. Restaurant Conditions: 1. A revised landscape plan shall be submitted providing additional plant material, including evergreen trees, to provide year round color and parking lot screening along 1-35E and Eagandale Place. 2. Cracker Barrel shall consider the potential noise exposure to restaurant patrons. 0GO51 Page 12/EAGAN CITY COUNCIL MINUTES February 15, 1994 3. The rear (west) exterior of the restaurant building will be screened with berming and landscaping. Aye: 5 Nay: 0 Councilmember Awada left at 10:30 p.m. due to illness. PRELIMINARY PLAT/EAGANDALE LEMAY LAKE 4TH ADDITION Mayor Egan introduced this item as a preliminary plat for Eagandale Lemay Lake 4th Addition/Northwestern Mutual Life Insurance Company, consisting of two lots on approximately 5.8 acres located along the west side of I-35E, south of Lone Oak Road in the NE quarter of Section 10. Director of Community Development Reichert explained the plat and its location. She said one of the major issues of the Advisory Parks, Recreation and Natural Resources Commission is the runoff from the impervious surfaces into Lemay Lake. In answer to a question from Councilmember Wachter, Director of Public Works Colbert explained that I-35E drains into Lemay Lake also. The Councilmember noted that wherever 9' stalls are permitted, it is too tight. Councilmember Hunter agreed that nine foot stalls are too small and Mayor Egan indicated he would rather grant a variance to the number of spaces than reduce the size. Councilmember Wachter said drainage from I-35E is more of a problem than the parking and it should be recognized that the overall parking area would remain the same regardless of the width of the spaces. After a brief discussion, Hunter moved, Wachter seconded, a motion to approve the preliminary plat for Eagandale Lemay Lake 4th Addition, consisting of two lots on approximately 5.8 acres located along the west side of I-35E, south of Lone Oak Road in the NE quarter of Section 10, with the understanding that the City will not require a change in the parking stall widths from 10' to 9' and shall be subject to the seven conditions recommended by the Advisory Planning Commission and the five conditions recommended by the Advisory Parks, Recreation and Natural Resources Commission: APC Conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B3, C1, C2, C4, D1, El, F1, G1 and H1 2. The storm water layout for this development shall show drainage going to existing 15" and 21" storm sewer lines in Eagandale Place. 3. The development shall construct a manhole at the property line on each sanitary sewer line. 4. A hydrant shall be added off of the 8" water main along Lone Oak Road. 5. Restricted access shall be dedicated along the north edge of the plat where it abuts Lone Oak Road and along the east edge of the plat where it abuts I-35E. 6. This development shall be responsible for cash parks dedication. 7. The developer shall be required to make a cash dedication in lieu of on-site ponding to meet water quality requirements for this plat. 0(it Page 13/EAGAN CITY COUNCIL MINUTES February 15, 1994 APRNRC Conditions: 1. This development shall be responsible for cash parks dedication. 2. There are no trails dedication relative to this plat. 3. There are no wetlands issues relative to this plat. 4. There are no tree preservation issues relative to this plat. 5. The developer be required to make a cash dedication in lieu of on-site ponding to meet water quality requirements for this plat. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE RESOLUTION/CITY OF RED WING Mayor Egan introduced this item as a resolution for the City of Red Wing and City Administrator Hedges explained the request. After discussion, it was agreed that no action would be taken to pass the resolution in support of legislation allowing the temporary storage of spent fuel by NSP at their Prairie Island Nuclear Power Plant because of insufficient information with which to take such action. FEDERAL ISSUE/POLICY PRIORITY SURVEY Mayor Egan introduced this item as federal issue, policy priority survey. The City Administrator will send copies of each Councilmember's federal issue priorities ballot to the League of Minnesota Cities. ;ADMINISTRATIVE AGENDA: CITY ADMINISTRATOR/ORGANIZATIONAL BUSINESS City Administrator Hedges explained Councilmember Masin's request that City Councilmembers be appointed as liaisons to all advisory commissions. Councilmember Masin referred to the City of Burnsville's use of liaisons and their findings that it promotes better rapport between the City Council and the commissions. Councilmember Hunter indicated his primary concern was the presence of a City Councilmember at an advisory commission meeting causing the commission to defer to the councilmember and modify decisions based on what they felt the City Council wanted to hear. Mayor Egan agreed that if a councilmember attended a commission meeting only as an observer it would not cause a problem. However, it would be a problem if a member tried to exert influence or if they tried to represent the position of the entire Council. He said the creation of one-on-one communications with commission members in an attempt to influence decisions, would be an improper use of the liaison position. He added that no individual City councilmember has the authority to represent the entire City Council. He said the potential harm would far outweigh any opportunities. Councilmember Masin explained that it may be a way to exchange more information, thereby establishing better informed commission members and establishing better contact between the City Council and the commission. Mayor Egan said having a City councilmember present while the advisory board was trying to make an independent decision would have a chilling affect. After brief additional discussion, Masin made a motion to appoint City Councilmembers as liaisons to Page 14/EAGAN CITY COUNCIL MINUTES C February 15, 1994 advisory commissions. There was no second, the motion failed. City Administrator Hedges explained the second suggestion from Councilmember Masin that the City Council impose term limits on the chair positions of the various commissions. Mayor Egan suggested that because the selection of a chairman has been left to the individual commissions, that they also have the authority to remove those appointments through the democratic process. Councilmember Masin suggested that the length of time a member serve as chair of a commission be held to four years. Director of Community Development Reichert explained that the Economic Development Commission had set two year terms for the chairman and the vice chairman. She said the vice chairman automatically succeeds to the chairmanship when the chair steps down. City Administrator Hedges suggested that the commissions be permitted to honor the democratic process or create their own standard and that these options be explained at the organizational meeting in January. Councilmember Hunter agreed saying he didn't believe there was a need for the City Council to impose term limits and suggested each commission establish its own policy and once established, it would require a majority of the commission members voting to change. Councilmember Masin said that process would be acceptable as long as each commission was advised of its options. MISCELLANEOUS ITEMS NLC/ANNUAL MEMBERSHIP City Administrator Hedges discussed the pros and cons of the City's joining the National League of Cities organization. Cost savings were discussed on conference attendance, however, Mayor Egan did not believe those finite savings would be worthwhile unless the City looked at what the organization had to offer in a priority of the organizations the City already belongs to. City Administrator Hedges suggested that he discuss membership with other member cities while at the NLC conference in March and then an analysis would be provided for the City Council's decision. RELIEF ASSOCIATION The City Council reiterated their direction that rather than change the City Council's acceptance of the maximum pension schedule adopted by the 1993 legislature, that the Fire Department collaborate with other suburban or state-wide fire departments in an effort to change the lump sum caps in affect as a result of that legislation. SPECIAL CITY COUNCIL MEETING Hunter moved, Wachter seconded, a motion to ratify scheduling a special City Council meeting for February 22 at 5:00 p.m. Aye: 5 Nay: 0 CHECK LIST Wachter moved, Egan seconded a motion to approve the check list dated February 11, in the amount of $6,067,846.97 and the check list dated February 11, in the amount $369,943.68. Aye: 5 Nay. 0 ADJOURNMENT/EXECUTIVE SESSION The regular meeting of the Eagan City Council adjourned to Executive Session to discuss pending litigation at 11:35 p.m. Those present at the Executive Session were Mayor Egan, City Councilmembers Awada, 0005 4 Page 15/EAGAN CITY COUNCIL MINUTES February 15, 1994 Hunter, Masin and Wachter, City Administrator Hedges, and City Attorney James Sheldon. The Executive Session adjourned at approximately 12:00 a.m. KF CITY OF EAGAN ft a9h. 'L VE.anO4verbeke^ 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) 6814600 (TDD phone: (612) 454-8535).