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12/18/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 18, 2007 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, December 18, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a closed session would be held regarding pending litigation. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS A. The Oath of Office was administered to newly appointed Police Officers Nicky Cook and Karin Engen by Deputy Clerk Mira Pepper. B. Carolyn Krech was recognized for upcoming retirement after 35 year of service to the City. CONSENT AGENDA Councilmember Bakken pulled item E for discussion. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the December 3, 2007 regular City Council meeting, as presented. B. Personnel Items. 1. Recognized Life and Accidental Dismemberment Insurance carrier as United Wisconsin Group 2. Recognized Assurant as the new carrier for Long Term Disability Insurance 3. Approved promotion of Steve Gilberg from Water Production Worker to Water Production Supervisor and authorized replacement of water production worker. 4. Approved replacement of Payroll Specialist position 5. Accepted resignation of Lori Kimball (Parks and Recreation) and settlement agreement 6. Approved employer insurance contributions to medical and dental insurance premiums for non- union employees 7. Approved hiring of Code Enforcement Technician to be named C. Check Registers. It was recommended to ratify the check registers dated December 6 and December 13, 2007 as presented. D. Schedule Workshop. It was recommended to schedule a Special City Council workshop on January 22, 2008. E. Charter Commission Appointments ? Pulled for Discussion. F. Pro III Laser. It was recommended to approve acceptance of the Pro III Laser for the Police Department G. 2008 Enterprise Fund Budgets. It was recommended to approve the proposed 2008 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality), Cascade Bay and the Community Center. Eagan City Council Meeting Minutes December 18, 2007 Page 2 H. 2008 Special Revenue Funds Budgets. It was recommended to approve the 2008 Budgets for the following Special Revenue Funds: Enhance 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI Forfeiture Fund, Cable TV Franchise Fees Fund. I. 2008 Eagan Convention & Visitors Bureau Budget. It was recommended to approve the 2008 Eagan Cnvention & Visitors Bureau (ECVB) budget adopted by the ECVB?s Board. J. 2008 General Facilities Renewal & Replacement Budget. It was recommended to approve the 2008 General Facilities Renewal & Replacement Budget. K. 2008-2012 CIP Part II Vehicles and Equipment. It was recommended to apprve Part II (Vehicles and Equipment) of the 2008-2012 Capital Improvement Program (CIP). L. Amended and Restated 2008-2009 Joint Powers Cost Share Agreement. It was recommended to approve amended and restated 2008-2009 Joint Powers Cost Share Agreement for Pictometry International Corporation General License Terms and Conditions. M. Liquor License Renewals. It was recommended to approve the renewals of existing liquor license for 2008. N. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. O. Tobacco License Renewals. It was recommended to approve the renewal of existing Tobacco Licenses for 2008. P. Trash Hauler License Renewals. It was recommended to approve the renewal of 2008 Trash Hauler Licenses. Q. Tree Contractor License Renewals. It was recommended to approve the renewal of 2008 Tree Contractor Licenses. R. Contract with BCBS. It was recommended to approve a contract with Blue Cross Blue Shield to renew the partnership with the Eagan Community Center to provide fitness classes as part of the Fitness on the Road Program and authorize the Mayor to sign the appropriate agreements. S. Advertisement for Request for Proposals. It was recommended to authorize the advertisement for requests for proposals for concession products to be sold in the various concessions operations operated by Eagan Parks and Recreation. T. Corrective Plat. It was recommended to approve a Corrective Plat (Diffley Marketplace Addition) consisting of one lot located near the intersection of Diffley Road and Lexington Avenue, in the Northwest ¼ of Section 26. U. Application for CDBG Funding. It was recommended to adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2008 to the Dakota County Community Development Agency. V. Consulting Engineering Contracts. It was recommended to approve Consulting Engineering Contracts for General Municipal Engineering Services with Bolton & Menk, Inc., Bonestroo, and WSB & Associates, Inc. and authorize the Mayor and City Clerk to execute all related documents. W. Contract 06-05. It was recommended to approve the final payment for Contract 06-05 (Blackhawk Road/Galaxie Avenue & Cliff Road ? Intersection Improvemetns) in the amunt of $38,457.58 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. X. Wetland Delineation ? USPS Bulk Mail Center. It was recommended to receive the Wetland Delineation Report for the USPS Bulk Mail Center and affirm its approval. Y. Contract 06-01. It was recommended to approve Work Order Numbers 41-44 and Change Order Number 6 for Contract 06-01, Trunk Highway 149 Reconstruction. th Z. Project 960. It was recommended to receive the Draft Feasibility Report for Project 960, Brittany 8 ? th 10 Additions (Street Improvements) and schedule a public hearing to be held on January 15, 2008. AA. Project 961. It was recommended to receive the Draft Feasibility Report for Project 961, Bur Oak Hills (Street Improvements) and schedule a public hearing to be held on January 15, 2008. BB. Project 962. It was recommended to receive the Draft Feasibility Report for Project 962, Cliff Drive (Street Improvements) and schedule a public hearing to be held on January 15, 2008. CC. Grant Application. It was recommended to authorize the submission of the grant application to the Metropolitan Regional Arts Council. DD. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Li Li to operate New Star Massage at 3906 Cedar Grove Parkway. Eagan City Council Meeting Minutes December 18, 2007 Page 3 EE. Donation. It was recommended to accept a donation of $1,000 from Dakota Center for the Arts and to accept a donation of a new kiln for the Eagan Art House pottery studio. FF. Amendment to Minutes. It was recommended to approve an amendment to page two of the September 18, 2007 City Council Minutes regarding conditions for the Planned Development Amendment for Potbelly Sandwich Works. Item E. Appointment of two members to the Charter Commission. Motion was made by Councilmember Carlson, seconded by Councilmember Bakken to continue consideration of the appointment of two members to the Charter Commission pending decision at a hearing to be held December 28. Aye: 4 Nay: 1 (Tilley opposed) PUBLIC HEARINGS 2008 FEE SCHEDULE City Administrator discussed this item regarding the proposed 2008 Fee Schedule. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution approving the 2008 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 2007 (PAYABLE 2008) PROPERTY TAX LEVY City Administrator Hedges discussed the 2007 property tax levy. It was noted that the City held a Truth-in- Taxation public hearing on December 4. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the proposed 2007 (payable 2008) property tax levy as follows: Aye: 5 Nay: 0 General Revenue: General Fund $ 19,695,900 2007 Charter election costs 35,600 Equipment Revolving Fund 950,712 Gen Facilities R/R Fund 460,334 Major Street Fund 2,310,203 Subtotal General Revenue 23,452,749 Debt service: Community Center bonds 1,199,363 Total City-wide Levy $ 24,652,112 Cedarvale Special Services Dist. $ 3,000 PROPOSED 2008 GENERAL FUND BUDGET City Administrator Hedges discussed the proposed 2008 General Fund budget. It was noted that the City held a Truth-in-Taxation public hearing on December 3 to consider the 2008 General Fund budget and the payable 2008 property tax levy. Eagan City Council Meeting Minutes December 18, 2007 Page 4 Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the proposed 2008 General Fund budget. Aye: 5 Nay: 0 PROPOSED 2008 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET City Administrator Hedges discussed proposed Special Services District Budget. He noted that this budget has also been discussed at the Truth in Taxation hearing held on December 3. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the 2008 Cedarvale Special Services District Budget. Aye: 5 Nay: 0 VARIANCE ? WENZEL FINANCIAL City Administrator Hedges introduced this item regarding a requested variance to the 20? parking setback from a public right of way for accessible parking stalls located at 1364 High Site Drive (Glen Pond Apartments). City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Variance to the 20? parking setback from a public right of way for accessible parking stalls located at 1364 High Site Drive (Glen Pond nd Apartments), legally described as Lot 1, Block 1, Effress 2 Addition in the SW ¼ of Section 10 subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. An additional outdoor light shall be installed for security and safety. Such lighting shall meet City Code standards. PROJECTS 953, 954, 955, 956, 957, 958, AND 959 STREET IMPROVEMENTS City Administrator Hedges and Public Works Director Colbert provided a general overview of the 2008 Street Revitalization Program which includes Projects 953 through 959. PROJECT 953, CEDAR GROVE NO. 1 & 2 STREET IMPROVEMENTS Assistant City Engineer John Gorder gave a staff report regarding the Cedar Grove No. 1 and 2 street improvements. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers held a discussion. Eagan City Council Meeting Minutes December 18, 2007 Page 5 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 953 (Cedar Grove No. 1 & 2 Street Improvements and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 954, GLORY DRIVE / CEDAR RIDGE CIRCLE STREET IMPROVEMENTS Assistant City Engineer Gorder gave a staff report regarding the Glory Ridge Drive / Cedar Ridge Circle street improvements. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 954 (Glory Ridge Drive / Cedar Ridge Circle ? Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 955, SAFARI ESTATES STREET IMPROVEMENTS Assistant City Engineer Gorder gave a staff report regarding street improvements for Safari Estates. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 955 (Safari Estates) Street Improvement and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 956, BRIAR HILLS STREET IMPROVEMENTS Assistant City Engineer Gorder gave a staff report regarding street improvements for Briar Hills. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 956 (Briar Hills ? Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 958, TOWERVIEW ROAD (WEST OF PILOT KNOB ROAD) STREET IMPROVEMENTS Assistant City Engineer Gorder gave a staff report regarding street improvements on Towerview Road, west of Pilot Knob Road. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 958 (Towerview Road ? West of Pilot Knob Road Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 959, EDEN ADDITION STREET IMPROVEMENTS Assistant City Engineer Gorder gave a staff report regarding street improvements for Eden Addition. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes December 18, 2007 Page 6 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 959 (Eden Addition ? Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS There were no old business items . NEW BUSINESS PROPOSED 2008 BURNSVILLE / EAGAN TELECOMMUNICATIONS COMMISSION AND BURNSVILLE/EAGAN COMMUNITY TELEVISION BUDGETS City Administrator Hedges introduced this item regarding the proposed 2008 budgets for Burnsville / Eagan Telecommunications Commission and Burnsville/Eagan Community Television. The Council held a discussion with Communications Director Garrison answering questions. It was the consensus of the Council to continue consideration of the proposed budget pending additional information regarding an increase in personnel costs. Councilmember Tilley moved, Councilmember Bakken seconded a motion to continue consideration of the proposed 2008 budgets for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT) until the January 3, 2008 Council meeting to allow time for additional information regarding personnel costs to be provided. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA There were no items on the Administrative Agenda. VISITORS TO BE HEARD Dee Richards, Chair of the Eagan Charter Commission commented on the current status of the Charter Commission and relationship between the Commission and the City Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 8:45 p.m. _______________________________ ___________________________________ Date Administrative Secretary / Deputy City Clerk 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, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.