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06/07/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 7, 2005 A Listening Session was held June 7, 2005 at 6:00 p.m. prior to the regular City Council meeting. Rebecca Guthrie, massage therapist teacher, requested the Council consider allowing massage therapist to conduct business out of their homes. Council directed staff to place the item on a future workshop agenda. Terry Timmons discussed property on the corner of Highway 3 and Diffley Road. He expressed concern that he and his neighbors had not been notified about an easement vacation and landscape permit granted on the property. He requested that the City require the developer to install a double decked row of pine trees to block the backside view of a business and trash enclosure on the business property or on the adjacent pond area. Council directed staff to review the matter and provide follow-up information to Mr. Timmons and Council. Paul Bakken 697, Oxford Road, stated he was representing his neighborhood in regard to traffic concerns in the area. A regular meeting of the Eagan City Council was held on June 7, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Daugherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA It was noted that item B of New Business relating to a conditional use permit for First Industrial would be th continued to the July 5 City Council meeting. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as modified. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS RETIREMENT OF KEN SOUTHORN Ken Southorn was recognized for his service to the City of Eagan as an employee in the City?s Police Department from 1996-2005, and for his 22 years as a member of the Eagan Volunteer Fire Department from 1972-1994, which includes 6 years as Eagan?s Fire Chief from 1986 ? 1992. 2005 APPRENTICE FIREFIGHTER RECOGNITION AND INTRODUCTION TO COUNCIL Fire Chief Bob Kriha introduced the 2005 Apprentice Firefighters. 2004 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced this item regarding the 2004 Comprehensive Annual Financial Report. A presentation was made by Matt Mayer of Kern, DeWenter, Viere, Ltd. Discussion was held between Council, Mr. Mayer and staff. Councilmember Tilley moved, Councilmember Maguire seconded a motion to receive and accept the 2004 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 CONSENT AGENDA Consent items G, M, N and Q were pulled from the Consent Agenda for discussion. A. Minutes. It was recommended to approve the minutes of the May 17, 2005 regular City Council meeting and the May 10, 2005 special City Council workshop as presented. B. Personnel Items. Eagan City Council Meeting Minutes June 7, 2005 Page 2 1. It was recommended to approve the hiring of Jennifer Hildebrandt as a Clerical Tech III in the Community Development Department. 2. It was recommended to approve the hiring of Lindsey Mathwig and Brandon Barnes as Engineering Interns. 3. It was recommended to approve the hiring of Catherine Ayres, Nathan Cermak, Alec Graham, Kelly Therkelsen and David Tripp as seasonal utilities maintenance workers. 4. It was recommended to approve the hiring of Travis Hibbard, Samuel Tripp and Josh Tripp as seasonal streets maintenance workers. 5. It was recommended to approve the hiring of Christopher Hoffman, Tyler VonDeLinde, Brian Hopkins, Jason Ehller, Michael Hipkis, Scott Hoium, David Guenther, Cassy Lenz, Breanna Borash, Brian Polkowski, David Streefland, Elyse Chell, Jacob Nicklay, Jessye Stock, Tricia Nutter, Jacob Loesch, Robert Rausch, Ryan Neumann, Tammy Sullivan, Kathryn Love, Luke Selby, Johanna Grosse, Kevin Stevensen, Andrew Koppang, Frank Locer, Richard LeMay, Robert Downs, Andrew Lee, Allen Wachter, Joseph Redfield and Geoff Cleveland as seasonal parks maintenance workers. 6. It was recommended to accept the resignation of Amanda Lukkes, 9-1-1 Dispatcher. C. Check Registers. It was recommended to ratify the check registers dated May 19, 2005, May 26, 2005, and June 2, 2005 as presented. D. Appointment. It was recommended to appoint the City Administrator to the Cedar Corridor Transportation Infrastructure Group. E. Exempt Permit. It was recommended to adopt a Resolution Approving Exempt Permit for Experimental 05-31 Aircraft Association Chapter 25 to hold a raffle on October 9, 2005 at the Eagan Community Center. F. Lawful Gambling License Renewal. It was recommended to adopt a Resolution Approving Lawful 05-32 Gambling License renewal for Eagan Hockey Association to conduct a pull-tab operation at the Cherokee Sirloin Room. G. (Pulled for Discussion) Donation. Councilmember Maguire recognized Cub Scout Pack 104 for their donation of $150 for the purchase of a tree. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a resolution accepting a $150 donation from Eagan Cub Scout Pack 104 for purchase of a tree installed at Lexington Diffley Athletic Fields as part of the 2005 Arbor Day program. Aye: 5 Nay: 0 H. 5 Year Capital Improvement Plan. It was recommended to approve the 5-year Capital Improvement Plan for 2006-2010 and authorize the initiation of the public improvement process for the 2006 programmed improvements. I. Winter Trail Maintenance Program. It was recommended to approve the Winter Trail Maintenance Program for 2005-2006. J. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on July 5, 2005. K. Project 922. It was recommended to receive the draft feasibility report for Project 922 (Lone Oak Drive / Lone Oak Parkway (Waters Area ? Sidewalk Improvements) and schedule a public hearing to be held on July 5, 2005. L. Contract 04-04. It was recommended to approve Change Order No. 2 to Contract 04-04 (Lexington Avenue, Lone Oak Road to TH 55 ? Street and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. M. (Pulled for Discussion). Change Order #2 to Contract #05-05, Cascade Bay Pool Repairs. Parks and Recreation Office Supervisor Mesko discussed the special hours of operation for Cascade Bay due to repairs to the pool. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Change Order #2 to Contract #05-05, Cascade Bay Pool Repairs in the amount of $53,384. N. (Pulled for Discussion). Request for Proposals for the Water Quality Management Plan Update. Eagan City Council Meeting Minutes June 7, 2005 Page 3 City Administrator Hedges reviewed the discussion held by the Public Works Committee meeting prior to the regular City Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to advertise for Request for Proposals for the Water Quality Management Plan Update subject to the addition of review by the Public Works Committee under Compliance Considerations. Aye: 5 Nay: 0 O. Final Subdivision. It was recommended to approve a Final Subdivision, Sweet Place, to create eight lots 05-33 on approximately 5.75 acres located at 4725 S. Robert Trail in the NE ¼ of Section 36. P. Final Financing Package ? Eagan Community Center. It was recommended to approve the final financing package for the Eagan Community Center and related improvements and authorize fund transfers. Q. (Pulled for Discussion) Baseline Noise Study. Assistant to the City Administrator Dianne Miller provided an update on the proposed baseline noise study. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a contract with Wyle Laboratories to conduct a baseline noise study in advance of the opening of Runway 17/35 subject to City Attorney satisfaction. Aye: 5 Nay: 0 R. Final Plat. It was recommended to approve a Final Plat (McDonald?s Addition) to create one lot on 05-34 approximately 1.24 acres upon property located at 1995 Silver Bell Road in the SW ¼ of Section 17. S. Picnic Shelter. It was recommended to authorize staff to proceed with the installation of a 24? picnic shelter at Wescott Commons as part of the 2005 Parks CIP. T. 2005-2006 Massage Therapy Establishment License Renewals. It was recommended to approve license renewals for existing massage therapy establishments subject to submittal of all application material, payment of fees, and review by staff. U. 2005-2006 Amusement Device License Renewals. It was recommended to approve license renewals for existing Amusement Device Licenses subject to submittal of all application material, payment of fees, and review by staff. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT ? SUE AND JOHN KORTH City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 7% for an in-ground pool for property located at 3848 Big Timber Trail. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 7% to allow for an in-ground pool for property located at 3848 Big Timber Trail, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The impervious surface can not exceed 32%. 3. The applicant shall install and maintain a drain tile system, in a manner acceptable to the City Engineer, to direct the drainage to the nearby drainage pond. CONDITIONAL USE PERMIT ? FIRST INDUSTRIAL This item was continued during approval of the agenda to the July 5, 2005 Council meeting. Eagan City Council Meeting Minutes June 7, 2005 Page 4 RESPONSIBLE GOVERNMENT UNIT ? GREAT RIVER ENERGY City Administrator Hedges introduced this item regarding a transmission line upgrade by Great River Energy and Dakota Electric Association and consideration of the City becoming the responsible government unit. City Planner Ridley gave a staff report. Dale Aukee, representing Great River Energy and Craig Knudson of Dakota Electric discussed the transmission line upgrade with the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Eagan as the Responsible Government Unit for an upgrade to transmission lines in Central Eagan subject to the applicant reimbursing the City for all expenses associated with the application, including staff time, attorneys? fees and charges for any outside consultants. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA CHANGE TO JULY 12 SPECIAL CITY COUNCIL WORK SESSION DATE City Administrator Hedges discussed the July 12 special council meeting stating that one of the main topics to be considered is the findings of the North East Eagan Study Committee, however, the City?s consultant, Rusty Fifield will be unable to attend the meeting on that day. Councilmember Fields moved, Councilmember Tilley seconded a motion to change the July 12 Special City Council workshop date to July 7, 2005 for the NE Eagan Task Force presentation. Aye: 5 Nay: 0 EAGAN CHARTER COMMISSION REQUEST FOR PAYMENT OF LEGAL SERVICES INVOICE City Administrator Hedges discussed a $200 invoice received by the City for legal services incurred by the Eagan Charter Commission resulting from the legal action, Thomas King, Petitioner vs. Eagan Charter Commission, Respondent. Discussion was also held regarding the Charter Commission?s request for the $1,500 advance for 2005, which has not been processed due to lack of resolution of an issue surrounding the $958.16 spent for production and distribution of the charter question election material. Betty Fedde and Rob Kane, representing the Charter Commission were present. Councilmember Maguire moved, Councilmember Tilley seconded a motion to release $1500 to the Charter Commission via invoicing as necessary. Aye: Maguire, Tilley Nay: Geagan, Fields, Carlson Motion failed. Mayor Geagan moved, Councilmember Fields seconded a motion to deny payment of the $200 invoice to pay for legal services incurred by the Charter Commission resulting from legal action. Aye: Geagan, Fields, Carlson Nay: Tilley, Maguire Mayor Geagan moved, Councilmember Tilley seconded a motion to set aside $541.84 for the Charter Commission to be paid out through invoicing. Aye: 4 Nay: 1 (Fields opposed) Councilmember Carlson moved, Councilmember Fields seconded a motion to accept and recognize the opinion of special Counsel Jack Clinton in regard to the expense for a brochure from the Charter Commission entitled ?Eagan Charter Local Self-Government?. Aye: Geagan, Carlson, Fields Nay: Maguire, Tilley REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City?s redevelopment districts. NEW RUNWAY / AIRPORT UPDATE Eagan City Council Meeting Minutes June 7, 2005 Page 5 Assistant to the City Administrator Dianne Miller provided a written update on the new runway / airport issues. Councilmember Tilley moved, Councilmember Maguire seconded a motion to recess the regular Council meeting and convene a closed session at 8:05 p.m.. Aye: 5 Nay: 0 The regular meeting was reconvened at 8:10 p.m. Motion was made by Maguire, seconded by Tilley to require the petitioner to post $500 with the City pending the petition appeal regarding the Steeplechase Wetland Replacement Plan. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 8:15 p.m. Aye: 5 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.