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09/04/2007 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 4, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley and Bakken. Joe Jensen, owner of Massage Envy Massage Center, was present to discuss the possibility of the City accepting background checks that are conducted by an independent company rather than having to pay the $100 fee for the Eagan Police Department to conduct background checks. The Police Chief was directed to discuss the background check procedures with Mr. Jensen. A regular meeting of the Eagan City Council was held on September 4, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Tilley and Bakken. Councilmember Fields was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Bakken suggested that the order of item A and B under New Business be reversed. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Deputy City Clerk Mira Pepper administered the Oath of Office to newly appointed Fire Fighters. CONSENT AGENDA Item M was pulled from the Consent Agenda. The dates on Items J and O changed from September 25 to October 9, 2007. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 21, 2007 regular City Council meeting and the August 14, 2007 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Jacob Nicklay as Accountant/Utility Billing Specialist. C. Check Registers. Ratified the check registers dated August 23, 2007, and August 30, 2007 as presented. D. Donation. It was recommended to accept a $7,866 donation from the Eagan Citizens Crime Prevention Association for start up fees related to a police honor guard. E. Services Agreement. It was recommended to adopt a D.A.R.E. an Police Liaison Services Agreement between the City of Eagan and Independent School District #196. F. Security Access System. It was recommended to award the contract to UHL company for the purchase, installation, training and maintenance of the Police Department, City Hall and Fire Administration Electronic Security Access System. G. Fire Records System. It was recommended to approve a resolution to allow the Dakota Communications 07-36A Center (DCC) to pay for up to 50% of the data conversion expense for data conversion on the newly approved Dakota County Fire Records Management System (RMS). H. Lease. It was recommended to authorize the preparation of short term lease agreement for Community Action Council ? Armful of Love Program at All American Recreation and authorize the Mayor and City Clerk to execute the agreement. I. Extension for Recording Final Subdivision. It was recommended to approve a 120-day extension of time to record the Final Subdivision and Final Planned Development for Lo Nidy located at the southwest intersection of Yankee Doodle Road and Highway 149 in the NW ¼ of Section 13. Eagan City Council Meeting Minutes September 4, 2007 Page 2 J. Contract 07-06. It was recommended to approve the plans and specifications for Contract 07-06 (Lebanon Hills Regional Park / Long Acres ? Storm Sewer Improvemetns) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on October 9, 2007. K. Contract 06-01. It was recommended to approve Work Order Numbers. It was recommended to approve Work Order Numbers 19-21 for Contract 06-01, TH 149 Reconstruction. L. Contract 06-01. It was recommended to approve Supplemental Agreement Number 6 for Contract 06-01, TH 149 Reconstruction. M. PULLED FROM AGENDA N. Contract 06-01. It was recommended to approve a Damage Agreement for Contract 06-01 (TH 149 Upgrade ? Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-01200-050-52 and authorize the Mayor and City Clerk to execute all related documents. O. Contract 07-04. It was recommended to approve the plans and specifications for Contract 07-08 (Boulder Lakes Street & Utility Improvements and Lone Oak Road Trunk Water Main Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on October 9, 2007. P. Contract for Records Management System. It was recommended to award a contract for Records Management System to Image Trend. Q. Extension for Recording Plat. It was recommended to approve a 60-day extension of time to record the nd final plat for Oakview Center 2 Addition, located south of Lone Oak Road and north of Highway 55 in the NW ¼ of Section 12. PUBLIC HEARINGS AMENDMENT TO 2007 COMMERCIAL/INDUSTRIAL PARK DEDICATION FEES City Administrator Hedges discussed this item regarding commercial / industrial park dedication fees, noting the Advisory Parks and Recreation Commission recommendation. 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 Carlson seconded a motion to approve the resolution amending the 07-37 2007 Commercial/Industrial park dedication fees and authorizing the refund of fees already collected in 2007 that exceed the new calculation. Aye: 4 Nay: 0 NEW BUSINESS QUESTION OF PROPOSED CITY CHARTER TO A CITY SPECIAL ELECTION AND APPROVING THE TITLE FOR THE BALLOT QUESTION WAIVE THE COST FOR DISSEMINATION OF PROPOSED CHARTER AND APPROVE STATEMENT OF DISCLOSURE PER THE RECOMMENDATION OF THE CITY ATTORNEY City Administrator Hedges discussed a draft Charter that, on August 21, 2007, was submitted by the Charter Commission to the City Clerk. City Attorney Dougherty discussed the requirements of the Minnesota Statutes which dictates that the Council shall cause the proposed charter to be submitted at the next general election, occurring within six months after the delivery of the draft. City Attorney Hedges discussed the proposed language of the ballot question and the requirements in setting a date to be set for the election. Councilmember Carlson and Mayor Maguire stated that the City Council is not prompting this special election for a change in government. It was initiated by the Charter Commission. It was noted that the City has no discretion as to whether or not this question will appear on an upcoming ballot. Councilmember Tilley questioned the cost that the City would incur in holding this election. City Administrator Hedges noted that the cost is estimated at $30,000 and this item is not budgeted for 2007. Eagan City Council Meeting Minutes September 4, 2007 Page 3 Mayor Maguire opened the floor for public comment. Pat Geagan, former Mayor of Eagan, spoke in opposition to the proposed Charter. Sherri Wallace, 3750 Pilot Knob Road, spoke in opposition to the proposed Charter. Ruthe Batulis, Northern Dakota Chamber of Commerce, announced that a forum will be held to inform the public on both sides of the proposed Charter issue on October 24 , 2007 at City Hall. Councilmembers discussed a proposed date for the election, the wording for the ballot, a disclaimer, and a possible amendment to the 2007 budget for the upcoming expense of the election and a bulk mailing providing pertinent information to the citizens of Eagan. Councilmember Bakken moved, Councilmember Councilmember Tilley seconded a motion to approve a Resolution 07-35 Directing that the Question of a Proposed City Charter be Added to the November 6, 2007 Special Election and Approving the Title for the Ballot Question as ?DECISION ON WHETHER TO CHANGE EAGAN?S FORM OF GOVERNMENT?, for the ballot question on the proposed Charter. Aye: 4 Nay: 0 Mayor Maguire moved, Councilmember Tilley seconded a motion to waive the cost for dissemination of the proposed Charter and approve the statement of disclosure per the recommendation of the City Attorney which is to state ?The City of Eagan and the Eagan City Council are not responsible for the content of this document?. Aye: 4 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct staff to prepare an election notice to be bulk mailed with a fact sheet to Eagan registered voters informing them of the Special Election and resulting voting location. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Bakken seconded a motion to amend the 2007 General Fund Budget to incorporate a $40,000 increase to the City Clerk Department to provide for the estimated cost of this election. Aye: 4 Nay: 0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct the City Attorney to draft a disclaimer to be brought back to the September 11, 2007 Special City Council meeting for discussion. Aye: 4 Nay: 0 Motion was made by Carlson, seconded by Bakken to move the Preliminary 2008 Budget item (Item B under New Business) to the last item under New Business. Aye: 4 Nay: 0 PLANNED DEVELOPMENT AMENDMENT ? POTBELLY SANDWICH WORKS City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to add outdoor seating at 1298 Promenade Place. City Planner Ridley gave a staff report. The applicant was not present. Discussion was held regarding the amount of green space on this parcel and the Eagan Promenade as a whole. Staff explained that this retail area developed a number of years before the City adopted minimum green space requirements. The Mayor asked if the required parking for this lot would still be met with the additional 28 (outdoor) seats added. Staff responded that the additional seating will not result in a parking shortage, based on the current standards. In the absence of the applicant, Council concurred to continue discussion of the item to the September 18, 2007 Council meeting. Eagan City Council Meeting Minutes September 4, 2007 Page 4 Councilmember Bakken moved, Councilmember Tilley seconded a continue consideration of a Planned Development Amendment to add outdoor seating at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW ¼ of Section 10, to the September 18, 2007 Council meeting. Aye: 4 Nay: 0 PLANNED DEVELOPMENT AMENDMENT ? GRAND OAK FARMERS MARKET City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road. City Planner Ridley gave a staff report and reviewed discussions he had today with the applicant and Councilmember Carlson that resulted in revised conditions. The applicant was present and discussed the proposed Farmers Market. Councilmembers discussed the signage for the proposed market in regard to the Sign Ordinance. It was agreed that further discussion between staff and the applicant regarding directional signage should occur and be shared at a future Council meeting. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE ¼ of Section 2, subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder?s Office within 30 days of City Council action. 2. The Farmers Market shall commence annually on the third Thursday of August and continue on successive Thursdays through October. 3. Hours of operation shall be from 3:30 p.m. to 6:30 p.m. 4. The vendor location shall be per the site plan received September 4, 2007. 5. The farmers market shall include farmers produce, food and flowers as well as ready made food and non- alcoholic beverages from local restaurants, not to exceed the 32 parking spaces per the Site Plan received September 4, 2007. 6. The following signage is allowed: a. One 3? x 6? temporary sign, limited to Farmer?s Market event information, on 2805 Dodd Road (Lot 1, Block 1, Grand Oak Five) beginning the second week of August through the end of October. 7. This amendment shall expire at the end of June 2009. An application to extend the period shall be allowed without a new application fee and new Public Hearing; this item shall go directly to the City Council for consideration. REZONING AND FINAL PLANNED DEVELOPMENT ? OAKWOOD EAST - DAKOTA COUNTY CDA City Administrator Hedges introduced this item regarding a requested rezoning from R-4, Residential Multiple, to PD, Planned Development of approximately 6.13 acres located at 2065 Park Center Drive. City Planner Ridley gave a staff report. Mark Ulfers, Director of the CDA, discussed the proposed affordable senior housing. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Rezoning from R-4, residential Multiple, to PD, Planned Development, of approximately 6.13 acres located at 2065 Park Center Drive, in the SE ¼ of Section 30. Aye: 4 Nay: 0 Councilmember approve moved, Councilmember seconded a motion to approve a Final Planned Development to allow construction of a new 55-unit 3-story apartment building for persons aged 55 and older upon approximately Eagan City Council Meeting Minutes September 4, 2007 Page 5 6.13 acres located at 2065 Park Center Drive, in the SE ¼ of Section 30, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute a Final Planned Development Agreement which includes the following plans: ? Site Plan ? Building Elevations ? Site Lighting Plan ? Landscaping Plan 2. The development shall be subject to compliance with City policies and ordinances regarding grading, storm drainage and erosion control, to be determined at the time of building permit. 3. The developer shall protect preserved trees? critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 4. The developer shall contact the City Forestry Division and wet up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 5. Additional screening though evergreen and deciduous shrubs shall be provided and shown on the landscape plan at the time of building permit. 6. Building design shall be consistent with, and finish materials and colors shall match, the existing building and site amenities. 7. Trash storage shall be inside the building. 8. Prior to issuance of a building permit, the applicant shall consult with their lighting engineer to determine if adjustments in the lighting plan can be made to better illuminate the areas currently under 0.5 footcandles, provide more uniform light levels throughout the parking lot, and confirm that the lighting plan provides sufficient lighting for safety and security purposes. CERTIFICATION OF PRELIMINARY 2008 BUDGET AND PROPERTY TAX LEVY AND SETTING TRUTH-IN-TAXATION HEARING DATES City Administrator Hedges introduced this item regarding the preliminary 2008 budget and property tax levy. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the preliminary 2008 General Fund expenditure budget, including contingency, of $26,688,500, as follows and set the initial Truth-in- Taxation hearing date for Monday, December 3, 2007 with a continuation hearing date (if necessary) of Monday, December 10, 2007. Aye: 4 Nay: 0 ? General Revenue Levy: General Fund $19,695,900 Election (Charter) 40,000 Major Street Construction Fund 2,310,203 Equipment Revolving Fund 950,712 General Facilities Renew/Replace Fund 460,334 Subtotal ? General Revenue levy 23,457,149 Community Center bonds debt service 1,199,363 Cedarvale Special Services District 3,000 Total levy $ 24,659,512 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no update. The regular City Council meeting recessed at 10:40 p.m. and a meeting of the Economic Development Authority was immediately convened. Eagan City Council Meeting Minutes September 4, 2007 Page 6 The regular City Council meeting was reconvened at 10: 47 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges noted that a Closed Session would be held in regard to the MAC litigation. VISITORS TO BE HEARD Jack Conrad, representing Friends of the Eagan Core Greenway, discussed and invited the Council and public to the upcoming Greenway Musical Festival, which is a benefit for the Eagan Core Greenway fund. Five residents were present to discuss and oppose the recent settlement agreement regarding the Diffley Marketplace development. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 11:10 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.