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02/13/2007 - City Council Special MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, FEBRUARY 13, 2007 5:30 P.M. EAGAN ROOM ? EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Communications Director Garrison, Public Works Director Colbert, Fire Chief Scott, Police Chief McDonald, Deputy Police Chief Johnson and Community Development Director Hohenstein. I. ROLL CALL AND AGENDA ADOPTION City Administrator Hedges referenced a letter that was received from the Eagan Athletic Association regarding improvements to the athletic fields at the Dakota Hills Middle School. The City Council directed the item be added to Other Business. Councilmember Fields moved; Councilmember Tilley seconded a motion to approve the agenda with the addition to Other Business. Aye: 4, Nay: 0 (Councilmember Carlson not present for the vote.) II. VISITORS TO BE HEARD There were no visitors to be heard. III. REVIEW CITY GAMBLING ORDINANCE AND PROCESS FOR APPLICATIONS AND CHANGES City Administrator Hedges introduced the item, noting at the November 9, 2006 Listening Session, Mr. Norm Gillerman, representing the Mendota Heights Athletic Association, requested changes to the City?s gambling regulations. At that time, the Council directed staff to review the City?s gambling regulations and the process for applications and changes. Hedges also noted that all charitable gambling is controlled by the State and the City is allowed to authorize charitable gambling on a local level. It was noted that at this time, Eagan limits licensed charitable gambling to pull-tabs with the activity conducted by non-profit organizations. Eagan further limits the activity to on-sale liquor licensed establishments. Councilmember Carlson arrived at 5:37 p.m. Special City Council Minutes February 13, 2007 Page 2 Hedges added that there are numerous forms of charitable gambling in addition to pull- tabs authorized by the State, such as bar bingo, paddlewheel, raffles, and tip boards, all of which are currently prohibited in Eagan at the licensed establishments. Mr. Gillerman addressed the City Council with his request for changes to the City?s gambling ordinance. Chief McDonald noted that the Police Department has no concerns with the proposal being made by Mr. Gillerman. Linda Roland, owner of Twin Cities Gaming in Eagan, noted her support of Mr. Gillerman?s request for the ordinance to be expanded. Director of Administrative Services addressed the City Council, noting that Eagan is unique in its restrictions to pull-tabs only when compared to other cities that also follow State statute. The City Council discussed the funds that the City and local non-profits receive through gambling revenues. The City Council directed staff to expand the City ordinance to meet State statute with regard to forms of gambling allowed in licensed establishments, and bring the revised ordinance to the March 20, 2007 City Council meeting for formal consideration. IV. REVIEW CITY CODE AMENDMENT FOR REFUSE AND RECYCLING City Administrator Hedges introduced the item noting that at November 21, 2006 Listening Session Mr. David Domack, representing Dick?s Sanitation, presented a request for a temporary variance from the trash pickup schedule in order to accommodate a client that has requested single sort recycling services. City Administrator Hedges, at the request of the City Council, provided a list of current haulers in Eagan. Hedges also presented a draft ordinance at the request of the City Council. The City Council discussed the proposed ordinance and noted their support for single sort recycling. The City Council directed the item to the Public Works Committee to review how the City wants to handle temporary variances to the City?s ordinance. V. MEETING WITH LEGISLATORS TO DISCUSS 2007 LEGISLATIVE PRIORITIES Mayor Maguire welcomed State Senator Carlson and Representatives Masin and Wardlow. City Administrator Hedges distributed a white paper on issues pertinent to Eagan for discussion between the City Council and the legislative delegation. Each of the legislators provided an introduction and noted the committees on which they currently serve. The City Council and legislators went on to discuss issues pertinent to Eagan, including transportation, high speed broadband, economic development tools, efforts to obtain noise mitigation funding, and property taxes. The delegation and City Council also discussed the Special City Council Minutes February 13, 2007 Page 3 proposed Thomson economic development bill as well as the bill being proposed to add representation on the Metropolitan Airports Commission. Mayor Maguire thanked the legislators for taking time to meet with the City Council. The City Council recessed at 6:59 p.m. The City Council reconvened at 7:09 p.m. VI. REVIEW ORDINANCE AMENDMENT REGARDING HARBORING OF EGG LAYING CHICKENS City Administrator Hedges introduced the item noting that on October 6, 2006 City th Councilmember Tilley received an email request from Heather Goff, an 8 grader at Dakota Hills Middle School, explaining the research she and her dad completed regarding the raising of egg laying chickens. They correctly concluded that the activities are prohibited by the Eagan City Code and she, therefore, inquired as to the possibility of changing the code to allow her to raise egg laying chickens in her backyard. The City Council considered this item at a Special City Council meeting on December 11, 2006 and directed staff to further research the issue and reschedule consideration for a future meeting. Director of Administrative Services VanOverbeke provided responses to the questions raised by the Council previously, including spacing requirements for chickens, specified approval level by neighbors, lot size requirements and national research available regarding access to organic foods, primarily in suburban settings. City Administrator Hedges provided information from the Homeowners Association (HOA) that represents the neighborhood in which Ms. Goff lives. The City Council discussed the issue and noted the HOA?s opposition to changing the City ordinance. The Council also noted that they sympathized with the applicant and are confident that Ms. Goff would have done an excellent job of raising the chickens. Steve Beseke, President of the HOA, noted the association?s opposition to the proposed ordinance chance as their HOA has had covenants in place since 1987 that prohibits such activities. Mr. Joseph Soruco, Heather Goff?s science teacher at Dakota Hills Middle School, addressed the City Council in support of Ms. Goff?s efforts. Heather Goff addressed the City Council noting that it is her intention to get an ordinance change first and then move on to the HOA to inquire about changes to the covenants. The City Council further discussed the issue and thanked those who testified. There was City Council consensus not to take any official action since it was the consensus of the City Council not to move forward with an amendment to the City Code. Special City Council Minutes February 13, 2007 Page 4 VII. REVIEW 2007-2008 CITY GOALS City Administrator Hedges introduced the item noting that the City Council held their bi- annual goals retreat on January 30-31, 2007. Hedges presented the eight draft goals that were formulated by the City Council at their retreat. The City Council discussed the goals and requested a slight modification to goal No. 4 with regard to transit and remove goal No. 8 as the Comprehensive Guide Plan Update is a mandate. The Council directed that the goals be included on the February 20, 2007 City Council meeting for formal ratification. City Administrator Hedges noted that details of the goals will be included in an upcoming work plan, which will be presented to the City Council. VIII. DAKOTA COUNTY ECONOMIC DEVELOPMENT POLICY City Administrator Hedges introduced the item noting that the purpose of tonight?s discussion was to receive a presentation regarding Dakota County?s consideration of an Economic Development Policy and to provide staff direction regarding the City?s interest in the County?s policy. Director of Community Development Hohenstein provided additional information about the policy being proposed by the County. Janna King, consultant to Dakota County, provided a presentation on the Economic Development Policy being proposed by the County. The City Council, along with Dan Rogness of the Dakota County CDA, discussed the proposed policy and the framework being proposed. The City Council voiced their support of the policy noting how positive and comprehensive the policy being proposed is. The City Council recessed at 8:17 p.m. The City Council reconvened at 8:30 p.m. IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order ? Mayor Maguire called the meeting of the Economic Development Authority to order. B. Adopt Agenda ? Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0 C. Nicols Ridge Alternative Concept ? Director of Community Development Hohenstein provided an overview of the item noting that the purpose of tonight was to receive a presentation of the concept plan by Lennar Homes for a potential modification of the redevelopment plan for the Nicols Ridge residential development in the Cedar Grove Redevelopment District. Hohenstein added that the developer has a previously approved concept plan and is proposing an alternative that would change the configuration and number of units, their overall tax value, and by extension, the tax increments they would be expected to generate. Special City Council Minutes February 13, 2007 Page 5 Director of Community Development presented the concept plan being proposed by Lennar Homes. The City Council discussed the proposed changes being made by Lennar Homes. The Council noted that Lennar was not represented at the meeting. There was City Council consensus that the building material standards not change. The City Council directed issues of financial and physical impact on the City in connection with the Nicols Ridge proposal to the City Council Finance Committee. The Council also requested additional information on the current housing market, in particular, whether there will be an increase in demand for condominiums in the near future. The Council also requested that if Lennar chooses not to move forward, that the City inform other developers about additional land being available in the redevelopment area. Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn as the EDA and reconvene as a City Council. Aye: 5, Nay: 0 X. DISCUSS ADVISORY COMMISSION TERMS City Administrator Hedges introduced the item noting that the City Council?s Personnel Committee is recommending that the length of Advisory Commission terms be changed from 3- year terms to 2-year terms (plus a one-year alternate); and, change the maximum number of Commissioners on each Commission to seven members plus one alternate. The City Council discussed the proposed changes and there was consensus to proceed with the proposed adjustments to the terms. The Council directed that an amendment to the City Code be brought back to a March City Council meeting in order to change the maximum years of service to 10-years on one City Commission. The Council also directed staff to send correspondence to Advisory Commissioners to inform them about the changes. XI. OTHER BUSINESS City Administrator Hedges provided an update on correspondence received from the Eagan Athletic Association regarding a proposed project to fields north of Oak Hills Middle School. The Council discussed the project and inquired as to the demographics of the Eagan Athletic Association. City Administrator Hedges noted that future updates regarding the project would be provided to the City Council. Councilmember Fields inquired of the City Council as to whether the City should send correspondence to sponsors listed in the proposal submitted by Mr. Kevin VonFeldt. There was City Council consensus not to send correspondence to any of the sponsors at this time. Councilmember Fields and Bakken noted that they would meet following the Special Council meeting as a Public Works Committee to discuss the proposed changes to the City?s refuse ordinance. Special City Council Minutes February 13, 2007 Page 6 XII. ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn at 9:17 p.m. Aye: 5, Nay: 0