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09/20/2005 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 20, 2005 A Listening Session was held September 20, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present (Councilmember Carlson arrived at 6:20 p.m.). Rod Smith discussed damage caused by a recent storm and questioned the City?s policy in regard to clean up of trees and debris after a storm. Public Works Director Colbert discussed the current City policy. Mayor Geagan and the Council agreed that the Public Works Committee should review the current policy and directed staff to conduct a survey of area cities. Henry Jandewerth expressed concern over the construction of sidewalks adjacent to his property as well as the removal of trees. Mayor Geagan and Council also agreed to have this issue reviewed by the Public Works Committee. A regular meeting of the Eagan City Council was held on September 20, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, 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 Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the September 6, 2005 regular City Council . meeting and the August 23, 2005 special City Council meeting as presented B. Personnel Items. 1. It was recommended to approve the hiring of Jennifer Estevez as a Fitness Instructor and Terri Elfner as a Fitness Instructor/Fitness Attendant at the Eagan Community Center. 2. It was recommended to approve the Electronic Mail ? Data Practices and Records Retention Policy for City of Eagan employees, and include the policy in the City?s Basic Personnel Policy. 3. It was recommended to ratify the Collective Bargaining Agreement between the City of Eagan and the Dispatchers Bargaining Unit for the years 2005 to 2007. 4. It was recommended to approve the hiring of Kristin Rogers for a one year assignment as Administrative Coordinator for the Campus Facilities in Parks and Recreation. C. Check Registers. It was recommended to ratify the check registers dated September 8, 2005 and September 15, 2005 as presented. D. D.A.R.E. Agreement. It was recommended to approve the ISD 196 D.A.R.E. and Police Liaison Agreement for the 2005-2006 School Year. E. Dakota Impaired Driving Project Resolution. It was recommended to accept the Eagan Police portion of a county-wide grant for reimbursement of overtime activities directed toward DUI and seatbelt enforcement. F. Policy Relating to Sale of Surplus City Property. It was recommended to approve a policy regulating the sale of surplus City property. G. Project 912. It was recommended to receive the Final Assessment Roll for Project 912 (Denmark Avenue / Deerwood Drive / Windcrest ? Street Overlay) and schedule a public hearing to be held on October 18, 2005. H. Project 913. It was recommended to receive the Final Assessment Roll for Project 913 (Walden Heights / Twin View Manor / Hillcrest Additions ? Street Overlay) and schedule a public hearing to be held on October 18, 2005. I. Project 878. It was recommended to receive the Final Assessment Roll for Project 878 (Cinnamon Ridge ? Street Overlay) and schedule a public hearing to be held on October 18, 2005. Eagan City Council Meeting Minutes September 20, 2005 Page 2 J. Project 786. It was recommended to receive the Draft Feasibility Report for Project 786 (Denmark Avenue, Wescott Road to Crestridge Lane ? Street and Sidewalk Improvement) and schedule a public hearing to be held on October 18, 2005. K. LED Signal Lighting Retrofit Agreement. It was recommended to approve an agreement with the City of St. Paul to retrofit City of Eagan owned and/or maintained traffic signal systems with light-emitting diodes (LEDs). L. Storm Water Management Plan. It was recommended to approve a resolution of support for the draft Lebanon Hills Storm Water Management Plan (Plan) and direct staff to forward with a cover letter incorporating suggestions for minor revisions and additions. M. Policy ? Housing Improvement Districts. It was recommended to approve a policy pertaining to he creation of Housing Improvement Districts to assist with certain improvements of association managed residential property. N. Schedule Hearing ? Revocation of CUP. It was recommended to schedule a hearing on November 1, 2005 to consider revocation of a Conditional Use Permit for Magnum Towing (Kevin Mellon), 4871 Biscayne Avenue. O. Ordinance Amendment. It was recommended to authorize preparation of an Amendment to City Code Chapter 11, Permitted Uses in Park Zoning Uses. P. Extension for Recording Final Plat. It was recommended to approve a 60-day extension of time to record the final plat for Corporate Woods, located on the northwest corner of Pilot Knob Road and Buffet Way in the NE ¼ of Section 4. Q. Off-Sale Liquor License. It was recommended to approve the off-sale liquor license for Madigan companies, Inc. dba Cedar Grove Liquor. nd R. Final Subdivision. It was recommended to approve a Final Subdivision (Tan Me Industrial Park 2 05-49 Addition) of approximately 2.58 acres to create two lots on Lot 2, Block 1, Tan Me Industrial Park located in the SE ¼ of Section 9. PUBLIC HEARINGS PROJECT 937, LONE OAK PARKWAY TRAIL IMPROVEMENTS City Administrator Hedges introduced this item regarding trail improvements for Lone Oak Parkway. Traffic Engineer Tim Plath gave a staff report. Mayor Geagan opened the public hearing. Tina Morin, representing Northwest Airlines, expressed opposition to the proposed trail improvements due to assessments that would be levied based on NWA current financial situation. Darrin Dufresne, representing CSM, stated that his company has no interest in participating in the trail improvements along the east side of Lone Oak Parkway as presented preferring instead the west side adjacent to the Postal service building with City participation. He also stated that they would be interested in a private contract for trail installation along Lone Oak Drive. Public Works Director Colbert noted that the trail installation along Lone Oak Drive was already approved for installation as a public improvement at the July 19 public hearing. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Council discussed sidewalk improvements along the west side of Lone Oak Parkway. Colbert stated that a trail could be installed privately under a private development agreement that would have to be negotiated with CSM. It was the consensus of the Council to deny Project 937 as presented. Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny Project 937 (Lone Oak Parkway ? Trail Improvements). Aye: 5 Nay: 0 OLD BUSINESS Eagan City Council Meeting Minutes September 20, 2005 Page 3 CONTRACT 05-08, LONE OAK DRIVE TRAIL IMPROVEMENTS City Administrator Hedges introduced this item regarding trail improvements for Lone Oak Drive. Traffic Engineer Plath gave a staff report. Darrin Dufresne, CSM, stated his company would be interested in constructing the trail along the west side of Lone Oak Drive from Lone Oak Road to Lone Oak Parkway including the west side of Lone Oak Parkway with financial assistance from the City. Council directed staff to work with Mr. Dufresne in regard to a private contract. Councilmember Maguire moved, Councilmember Tilley seconded a motion to table indefinitely consideration of plans and specifications for Contract 05-08 (Project 922 ? Lone Oak Drive Trail Improvements). Aye: 5 Nay: 0 WATER QUALITY MANAGEMENT PLAN UPDATE TASK FORCE City Administrator Hedges introduced this item regarding the appointment of 3 citizen representatives to the Water Quality Management Plan Task Force, stating that 18 applications had been submitted. Ballots were provided to the Mayor and Council. After three rounds of voting, the following citizens were appointed to the Water Quality Management Plan Task Force: Paul Leeder, Barbara Naramore and Tim Callister. Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the vote to appoint Paul Leeder, Barbara Naramore and Tim Callister to the Water Quality Management Plan Task Force. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (ESMERALDA ADDITION) ? CHARLES HANF City Administrator Hedges introduced this item regarding a Preliminary Subdivision of .62 acres to create two single family lots and a Variance to lot width for property located at Lot 1, Block 1, Pilot Knob Heights Fourth Addition. City Planner Ridley gave a staff report. Charles Hanf, applicant, discussed the proposed subdivision and plans for a one story home on the newly created lot. Three area residents spoke in opposition to the proposed subdivision expressing concern over the view of the adjacent pond being obstructed, decrease in property values, and the lack of a hardship on the part of the applicant. After discussion by Council, it was suggested that the applicant meet with the neighboring property owners and work with staff to prepare a more detailed plan for the site. Councilmember Fields moved, Councilmember Carlson seconded a motion to continue consideration of a Preliminary Subdivision of .62 acres to create two single family lots and a Variance to lot width for property located at Lot 1, Block 1, Pilot Knob Heights Fourth Addition to the November 1, 2005 City Council meeting. Aye: 5 Nay: 0 APPEAL OF STAFF DECISION ? IDENTIGRAPHICS City Administrator Hedges introduced this item regarding an appeal made by Identigraphics relating to standards for canopy signage at the Amoco (changing to Marathon) station at 1286 Lone Oak Road. City Planner Ridley gave a staff report. Tom Nelson, representing Identigraphics, discussed the proposed signage, including an LED price box. Council, after discussion regarding the lack of City Code regulation for canopy signage, the City Attorney was directed to review the City Code and provide information at a future meeting. Eagan City Council Meeting Minutes September 20, 2005 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of standards for canopy signage to the November 1, 2005 City Council meeting. Aye: 5 Nay: 0 NEW RUNWAY / AIRPORT UPDATE CONSIDER RECOMMENDATION OF THE AIRPORT RELATIONS COMMISSION REGARDING COMMUNICATION STRATEGIES FOLLOWING THE OPENING OF RUNWAY 17/35 Assistant to the City Administrator Miller discussed the recommendation of the Airport Relations Commission in regard to communication strategies following the opening of Runway 17/35. Councilmember Carlson recommended a letter be sent out to Eagan residents just prior to the opening of the new runway to recap the City?s communication activity in relation to the opening. ADMINISTRATIVE AGENDA 1. Intergovernmental Agreement between the City and the Department of Public Safety, Minnesota Homeland Security and Emergency Management (HSEM) City Administrator Hedges discussed a recommendation by the City Attorney?s office to formally authorize the Mayor and City Administrator to execute an agreement with the Department of Public Safety, Minnesota Homeland Security and Emergency Management should the City be asked to provide assistance to the Hurricane Katrina relief efforts. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize the Mayor and City Administrator to execute future Intergovernmental Agreements between the City and the Department of Public Safety, Minnesota Homeland Security and Emergency Management, in conformance with the enclosed Exhibit ?A?, for aid and assistance in connection with Hurricane Katrina relief efforts. Aye: 5 Nay: 0 Mayor Geagan discussed Hurricane Katrina relief plans that are in progress. The City Council meeting was recessed at 8:20 p.m. to immediately convene a meeting of the Economic Development Commission. The regular City Council meeting was reconvened at 8:25 p.m. VISITORS TO BE HEARD Kevin Mellon of Magnum Towing expressed concern that he had not been notified that an item was on the agenda regarding his business. He also requested that an investigation be conducted regarding an employee of the City and a local development company. Mayor Geagan stated there has been no improper activity by any City employee regarding the southeast development area. Councilmember Carlson clarified that any City action relative to southeast Eagan was based on direction given by the City Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:40 p.m. and convene a closed session to discuss pending litigation involving MAC and Tom King vs. the City of Eagan. Aye: 5 Nay: 0 _____________________________ ___________________________________ Date Administrative Secretary / Deputy City Clerk Eagan City Council Meeting Minutes September 20, 2005 Page 5 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.