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12/20/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 20, 2005 A Listening Session was held December 20, 2005 at 6:00 p.m. prior to the regular City Council meeting. Mayor Geagan and Councilmembers Tilley, Carlson, Maguire and Fields were present. A regular meeting of the Eagan City Council was held on December 20, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmember Fields (serving as Acting Mayor), and Councilmembers Tilley, Maguire and Carlson. 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 Intern Genee Walz. AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS STANDARD & POORS BOND RATING UPGRADE TO AA+ Dave MacGillivray made a presentation regarding the City?s bond rating up grade to AA+. Acting Mayor Fields accepted. CONSENT AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented, without Item S. Item S was moved to Administrative Agenda. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the December 5, 2005 regular City Council . meeting as presented B. Personnel Items. 1. It was recommended to approve a 3% annual wage adjustment to the 2006 non union Compensation Plan for regular non-collective bargaining employees, effective the payroll period closest to January 1, 2006. 2. It was recommended to approve a 3% adjustment to the City Administrator?s and Director?s car allowances. 3. It was recommended to adjust the 2006 City Administrator compensation to the top step of Level 20, completing the implementation of the State salary cap change. 4. It was recommended to approve an annual wage adjustment to the Parks and Recreation 2006 Seasonal Compensation Plan, between 0% and 3%. 5. It was recommended to approve a compensation rate adjustment between 0% and 3% for temporary, seasonal, and recurring non-collective bargaining employees. 6. It was recommended to adopt the IRS mileage reimbursement rate of 44.5 cents per mile, effective January 1, 2006 (the current rate is 48.5 cents per mile). Should the IRS adjust this amount, upward or downward, the City?s reimbursement will automatically adjust to the new rate. 7. It was recommended that the City?s contribution for family health insurance premiums will increase by 50% of the total dollar increase to the blended rate for 2006. C. Check Registers. It was recommended to ratify the check registers dated December 5, 2005 and December 12, 2005 as presented. D. Request for Proposals. It was recommended to authorize staff to advertise Request for Proposals for placement of ATM machines at Cascade Bay, Civic Arena, Eagan Community Center and/or other city facilities as deemed appropriate by the City Council. E. Acceptance of FEMA Assistance. It was recommended to authorize acceptance of the FEMA Assistance to Firefighters Grant ? Exhaust Filtration System. Eagan City Council Meeting Minutes December 20, 2005 Page 2 F. Lease Agreement. It was recommended to approve a Lease Agreement between the City of Eagan and Eagan Convention and Visitors Bureau. G. Operating Agreement. It was recommended to approve a new operating agreement with Eagan Convention and Visitors Bureau. H. 2006 Public Utilities Enterprise Fund Budget. It was recommended to approve the proposed 2006 budgets for the Public Utilities Enterprise Fund: (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality. I. 2006 Special Revenue Funds Budgets. It was recommended to approve the 2006 Special Revenue Funds Budgets, including the Enhanced 9-1-1 Fund, Housing Fund,, DUI Forfeiture Fund, Economic Recovery Fund, and Cable TV Franchise Fees Fund. J. 2006 Budgets for Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television. It was recommended to approve the 2006 Burnsville/Eagan Community Television Budget and the 2006 Burnsville/Eagan Telecommunications Budget. K. Change in Ownership ? Liquor License. It was recommended to approve a change in business structure (ownership) of off-sale liquor license from Phuong Nguyen and La Truong, dba T.L. Liquors (Partnership) to International Business Enterprises, Inc., dba T.L. Liquors (Corporation). L. Liquor License Renewal. It was recommended to approve the on-sale 3.2 percent malt liquor license renewal for M. Cheng, Inc. dba Hong Wong, 2139 Cliff Road. M. Telecommunications Lease. It was recommended to approve a telecommunications lease with Voicestream Inc., to allow for the placement of ground equipment on City property under a tower on the Highline Trail and authorize the signature of the Mayor and Clerk on said lease. N. Settlement Agreement. It was recommended to approve the settlement agreement for Cascade Bay restoration and repairs and authorize the Mayor and City Clerk to execute all documents. O. 2006 Consulting Engineering Rates. It was recommended to approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2006. P. Project 03-N. It was recommended to approve an extension to the completion schedule established in the Development Agreement for Project 03-N (Nicols Ridge). Q. Project 933. It was recommended to receive the Draft Feasibility Report for Project 933 (Town Centre Drive / O?Leary Lane / Golfview Drive ? Street Revitalization) and schedule a public hearing to be held on January 17, 2006. R. Project 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue ? Street Upgrade and Traffic Signal Improvemetns0 with the owner of Parcel No. 10-22516-010-01 and authorize the Mayor and City Clerk to execute all related documents. S. Findings of Fact. It was recommended to adopt the resolution approving the Findings of Fact for 05-64 st revocation of the Conditional Use Permit for outside storage on Lot 3, Block 1, Halley?s 1 Addition located at 4871 Biscayne Avenue. (Pulled and moved to Administrative Agenda). T. Amendment to Zoning Ordinance. It was recommended to authorize Staff to initiate an Amendment to the City Zoning Ordinance for implementation of the Minneapolis-St. Paul International Airport Zoning Ordinance. U. 2006 Joint Powers Agreement. It was recommended to approve the 8-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. V. Application for CDBG Funding. It was recommended to adopt a resolution authorizing the City 05-65 Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2006 to the Dakota County Community Development Agency. PUBLIC HEARING 2005 (PAYABLE 2006) PROPERTY TAX LEVY City Administrator Hedges discussed the 2005 property tax levy. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes December 20, 2005 Page 3 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the proposed 2005 (payable 05-66 2006) property tax levy as follows: General Revenue: General Fund $ 18,225,400 Equipment Revolving Fund 862,324 Gen Facilities R/R Fund 127,629 Major Street Fund 1,188,392 Market Value Homestead Cr. 1,153,562 Subtotal General Revenue 21,557,307 Debt service: Community Center bonds 1,202,093 Total City-wide Levy $ 22,759,400 Cedarvale Special Services Dist. $ 3,000 Aye: 4 Nay: 0 PROPOSED 2006 GENERAL FUND BUDGET City Administrator Hedges discussed the 2006 General Fund Budget. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the proposed 2006 General Fund budget. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the 2006 expenditures in the total amount of $178,900 appropriated from the General Fund balance for: ? Noise study (Part II) $30,000 ? Police CJIIN Project 45,500 ? Police Automatic Vehicle Locator 19,400 ? HiPP Central Dispatch start-up costs 75,000 ? HiPP Dispatch technology needs assessment 9,000 _______ $178,900 Aye: 4 Nay: 0 PROPOSED 2006 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET City Administrator Hedges discussed the 2006 Cedarvale Special Services District Budget. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the proposed 2006 Cedarvale Special Services District Fund budget. Aye: 4 Nay: 0 PROJECT 888, CEDAR GROVE PARKWAY TRAIL AND LIGHTING IMPROVEMENTS Eagan City Council Meeting Minutes December 20, 2005 Page 4 City Administrator Hedges stated that due to ongoing negotiations with US Homes/Lennar regarding the purchase of several parcels from the Eagan Economic Development Authority for future additions to the Nicols Ridge development, staff requests that the Public Hearing be continued to January 17, 2006 for Council consideration. Acting Mayor Fields asked if there was anyone present for the item. Being no one present, she returned discussion to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open and continue the Public Hearing for Project 888 (Cedar Grove Parkway ? Trail and Lighting Improvements) Public Hearing until January 17, 2006. Aye: 4 Nay: 0 PROJECT 932, SLATER ROAD / SHISPERING WOODS / SLATER ACRES /OAK CLIFF PONDS ADDITIONS STREET REVITALIZATION City Administrator Hedges introduced this item regarding the street revitalization project for Slater Road / Whispering Woods / Slater Acres / Oak Cliff Ponds Additions. Acting Mayor Fields asked if anyone was present for the item. There being no one present, she asked for a brief presentation by staff. Assistant City Engineer Gorder gave a staff report. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 932 and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 931, ART RAHN / HILLANDALE ADDITIONS STREET REVITALIZATION City Administrator Hedges introduced this item regarding street revitalization for Art Rahn / Hillandale Additions. Public Works Director Colbert gave a staff report. Acting Mayor Fields asked if anyone was present for the item. There being no one present, she asked for a brief presentation by staff. Assistant City Engineer Gorder gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve Project 931 and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 WETLAND DELINEATION SALEM COMMUNICATIONS City Administrator Hedges introduced this item regarding the Wetland Delineation Report for 2110 Cliff Road. Public Works Director Colbert gave a staff report. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to receive and affirm the Wetland Delineation Report for Parcel No. 10-03100-012-03. Aye: 4 Nay: 0 OLD BUSINESS 2006 FEE SCHEDULE City Administrator Hedges discussed the proposed 2006 Fee Schedule. Acting Mayor Fields asked if Holz Farm would require a rental deposit. Parks and Recreation Director Johnson replied that yes, like all other facilities, a rental deposit would be required. Eagan City Council Meeting Minutes December 20, 2005 Page 5 Councilmember Tilley moved, Councilmember Carlson seconded a motion to adopt a resolution approving the 05-67 2006 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 4 Nay: 0 PUBLIC WORKS COMMITTEE REPORT DIFFLEY MARKET PLACE ? ACCESS City Administrator Hedges discussed the recommendation of the Public Works Committee regarding the Diffley Market Place access. Public Works Director Colbert noted summary of the Public Works Committee meeting in the packet. Councilmember Maguire, as chair of the Committee meeting, highlighted the outcome of the meeting. Councilmember Carlson moved, Councilmember Tilley seconded a motion to accept the recommendation of the Public Works Committee to appeal the County Plat commission?s October 31 denial of the submitted preliminary plat/site plan modified by the October 6 Council conditions and take appropriate action as necessary. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was none. ADMINISTRATIVE AGENDA City Administrator Hedges noted an executive session will be held following the Council meeting to discuss the Nolan case. RD EASEMENT VACATION ? LOT 2, BLOCK 1, CLIFF LAKE CENTRE 3 ADDITION rd Public Works Director Colbert discussed a proposed easement vacation for Lot 2, Block 1, Cliff Lake Centre 3 Addition. He stated that notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Acting Mayor Fields moved, Councilmember Tilley seconded a motion to receive the petition to vacate a portion of a public drainage and utility easement and schedule a public hearing to be held on January 17, 2006. Aye: 4 Nay: 0 ITEM S FROM CONSENT AGENDA: FINDINGS OF FACT City Administrator Hedges discussed the resolution approving the Findings of Fact for revocation of the st Conditional Use Permit for outside storage on Lot 3, Block 1, Halley?s 1 Addition located at 4871 Biscayne Avenue. Council discussed an appropriate timeframe for Mr. Mellon of Magnum Towing to remedy all non-compliant items on his property. Councilmember Tilley moved, Councilmember Carlson seconded a motion acknowledging receipt of a letter dated December 14, 2005 from Mr. Mellon and to adopt a resolution approving the Findings of Fact for revocation of the st Conditional Use Permit for outside storage on Lot 3, Block 1, Halley?s 1 Addition located at 4871 Biscayne Avenue with the amendment changing the date of removal from February 1, 2006 to May 31, 2006 (page 5 of the Resolution). Aye: 4 Nay: 0 The City Council meeting was recessed at 7:10 p.m. to immediately convene a meeting of the Economic Development Commission. Eagan City Council Meeting Minutes December 20, 2005 Page 6 The regular City Council meeting was reconvened at 8:47 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council at 8:47 p.m. Aye: 4 Nay: 0 _____________________________ ___________________________________ 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.