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12/20/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 20, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. There were no visitors who wished to be heard. Councilmember Fields was not yet present. A regular meeting of the Eagan City Council was held on Tuesday, December 20, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director Garrison, Director of Parks and Recreation Johnson, Public Works Director Colbert, Assistant City Engineer Gorder and Deputy Chief of Police Johnson. AGENDA City Administrator Hedges announced there would be a Closed Session following the City Council meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Director of Public Works Colbert recognized Utility Superintendent Wayne Schwartz for his 26 '/z years of service to the City of Eagan and was awarded a plaque by Mayor Maguire. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the December 6, 2011 regular City Council meeting as presented B. PERSONNEL ITEMS 1. It was recommended to ratify the agreement reached between the City of Eagan and Law Enforcement Labor Services, Inc.; Eagan Police Officer's Patrol Unit, Local 170 2. It was recommended to amend the City Personnel Policy to close City offices the day after Thanksgiving Day 3. It was recommended to amend the City Personnel Policy to approve proposed changes to the Health Care Savings Plan 4. It was recommended to approve the proposed 2012 non -union Compensation Plan for all regular non - collective bargaining employees, which will reflect a 2% increase effective January 1, 2012 and a 1% increase effective July 1, 2012 5. It was recommended to approve the hiring of Maura Marko for the Part Time GIS /Office Support position in the Parks Department 6. It was recommended to approve the hiring of Seasonal Employees in the Parks and Recreation Department 7. It was recommended to approve the termination of Erica Olson, Clerical Tech III, Community Development 8. It was recommended to approve the hiring of Amy Griffin, Clerical Tech III, Community Development C. It was recommended to approve Check Registers dated December 1, 2011 and December 8, 2011 as presented D. It was recommended to approve Change Orders No.'s 3, 4, and 5 for City Conduit and Fiber Contract 11 -14 City Council Meeting Minutes December 20, 2011 2 page E. It was recommended to approve the revised City Purchasing Policy and revised Environmentally Preferable Purchasing Guidelines F. It was recommended to approve Conditional 90 -Day On -Sale Liquor Licenses G. It was recommended to approve 2012 On -Sale Liquor License renewal for Starks I, Inc. dba Starks Saloon/Rickey's Cafe H. It was recommended to approve the 2012 Enterprise Fund budgets for Public Utilities (Water, Sewer, Street Lighting, and Storm Drainage /Water Quality), Cascade Bay and Community Center 1. It was recommended to approve the 2012 Special Revenue Funds budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan Fund, Cable TV Franchise Fees Fund, and E -TV Fund J. It was recommended to adopt a Resolution to receive a $1,000 check from Wal -Mart to be used for the Shop with a Cop Program K. It was recommended to approve a Joint Powers Agreement with Dakota County to implement outdoor warning siren narrow banding L. It was recommended to present Feasibility Report for Project 1057 (Highview Acres — Street Overlay) and Schedule Public Hearing (January 17, 2012) M. It was recommended to present Feasibility Report for Project 1058 (Oslund Timberline (Pine Ridge Drive) — Street Overlay) and Schedule Public Hearing (January 17, 2012) N. It was recommended to present Feasibility Report for Project 1062 (Kings Wood/ Cutters Ridge/ Sherwood Downs — Street Overlay) and Schedule Public Hearing (January 17, 2012) O. It was recommended to present Feasibility Report for Project 1073 (Wescott Road, Denmark to 600' East of Lexington/ Glacier Drive — Street Overlay) and Schedule Public Hearing (January 17, 2012) P. It was recommended to approve Amendment to Consulting Engineering Fee Schedule (2012) Q. It was recommended to approve Final Payment for Contract 11 -11, City-Wide Trail Improvements R. It was recommended to receive Petition to Vacate Drainage & Utility Easement and Schedule Public Hearing (January 17, 2012) — Ballantrae Apartments S. It was recommended to approve Modification to the Final Plat — Pomroy Addition T. It was recommended to authorize Submittal of FY 2012 Community Development Block Grant Application to the Dakota County CDA U. It was recommended to authorize Submittal of 2012 Redevelopment Incentive Grant Application to the Dakota County CDA V. It was recommended to authorize Submittal of 2012 Redevelopment Grant Application for Completion of Cedar Grove Boulevard to the Minnesota Department of Employment and Economic Development W. It was recommended to approve Tobacco License for Discount Tobacco, Inc., 1960 Cliff Lake Road Ste 106 X. It was recommended to approve an Amended and Restated Easement and Assessment Agreement — Cedarvale Highlands Y. It was recommended to approve TWTC Conduit Lease Agreement PUBLIC HEARINGS 2012 FEE SCHEDULE City Administrator Hedges provided an overview of the notable changes to the proposed 2012 Fee Schedule. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and adopt a resolution approving the 2012 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 PROJECT 1047 — JOHNNY CAKE RIDGE ROAD (CLIFF ROAD TO CLITY LIMITS — STREET OVERLAY) City Administrator introduced the item regarding Project 1047, Johnny Cake Ridge Road street improvements, from Cliff Road to the Apple Valley border. Public Works Director Colbert provided City Council Meeting Minutes December 20, 2011 3 page background on the project. Assistant City Engineer Gorder gave an overview of the feasibility report and the proposed improvements. Mayor Maguire opened the public hearing. Dakota County Commissioner Nancy Schouweiler addressed the Council expressing her appreciation for the agreement reached between Dakota County, Metropolitan Council and the City of Eagan regarding assessments against County Park land. Mayor Maguire closed the public hearing. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1047 Johnny Cake Ridge Road street improvements, Cliff Road to the Apple Valley border as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1078 — JOHNNY CAKE RIDGE ROAD (DIFFLEY ROAD TO TEAL COVE — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1078, Johnny Cake Ridge Road street improvements, Diffley Road to Teal Cove. Assistant City Engineer Gorder provided an overview of the feasibility study. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 1078 Johnny Cake Ridge Road street improvements, Diffley Road to Teal Cove, as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1079 — (DENMARK AVENUE / CLUBVIEW DRIVE — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1079 Denmark Avenue /Clubview Drive street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1079, Denmark Avenue /Clubview Drive street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1080 — RAHN ROAD (SHALE LANE TO CEDAR GROVE PARKWAY — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1080, Rahn Road street improvements, Cedar Grove Parkway to Shale Lane. Assistant City Engineer Gorder provided an overview of the feasibility study. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 1080, Rahn Road street improvements from Cedar Grove Parkway to Shale Lane, as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 COACHMAN OAKS HOUSING IMPROVEMENT AREA — CITY OF EAGAN City Administrator Hedges introduced the item regarding Coachman Oaks Housing Improvement Area. City Planner Ridley gave a staff report and an overview of the item before the Council. City Council Meeting Minutes December 20, 2011 4 page City Attorney Bauer addressed the implementation of a Housing Improvement Area (HIA) under Minnesota Statutes 428A.11- 428A.21 and answered questions of the Council. Mayor Maguire opened the public hearing. Larry Gleason, board member representing the association, spoke to reasons why the board is requesting the loan and gave background on past board procedures and future goals of the association. Eleven residents of the Coachman Oaks Condominiums spoke to the Council regarding the City establishing a HIA to finance the cost of improvements of approximately $1,583,000. There were residents who spoke both in favor and in opposition of the City financing the housing improvements. Staff and the City Attorney answered questions raised by residents relative to the Minnesota Statute addressing the 45 percent needed to veto and, whether the dollar amount requested by the association could be adjusted to a lesser amount. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing on the possible implementations of a Housing Improvement Area (HIA) under Minnesota Statutes Sections 428A. I I — 428A.21 and to direct preparation of an ordinance establishing the Coachman Oaks HIA. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to direct the preparation of a resolution imposing fees on housing units within the Coachman Oaks HIA to finance improvements. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to direct the preparation of a Development Agreement between the City and the Association. Aye: 5 Nay: 0 Following the motions, Councilmember Tilley noted the 45 day window should residents want to veto the ordinance establishing the HIA. The City Council recessed at 8:40 p.m. The City Council reconvened at 8:50 p.m. OLD BUSINESS 2012 GENERAL FUND BUDGET AND PROPERTY TAX LEVY City Administrator Hedges introduced the item and briefly reviewed the proposed 2012 budget and property tax levy. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the proposed 2011 (payable 2012) property tax levy and the 2012 General Fund Budget. Aye: 5 Nay: 0 CENTRAL AREA RETAIL MARKET ABSORPTION STUDY RESULTS City Administrator Hedges introduced the item regarding the Central Area Retail Market Absorption Study. Hedges stated this item is for informational purposes only and no action by the Council is required. Community Development Director Hohenstein gave background on the item noting the Council authorized the preparation of a Market Absorption Study for the proposed project at its meeting of October 4, 2011. Hohenstein stated the study concluded that the Central Area can support between 630,000 and 940,000 square feet of additional City Council Meeting Minutes December 20, 2011 5 page retail development between now and 2020 without cannibalizing the other retail properties in the area if the developer provides a unique mix of destination type retail uses. The study also concluded that the higher end of the range is achievable because the new development would attract additional shoppers from the secondary and tertiary market areas. The City Council also suggested allowing 100% retail on the site would likely broaden the appeal to retailers and allow CSM more flexibility with site design. Mary Bujold and Joe Hollman from Maxfield Research were present at the meeting, along with Tom Palmquist from CSM. There was a brief discussion by the Council regarding the results of the study. NEW BUSINESS There were no items to be discussed. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. CITY COUNCIL COMMENTS Mayor Maguire congratulated Prime Therapeutics for their announcement today. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:16 p.m. Aye:5 Nay:0 Date Mayor City Clerk