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05/13/2003 - City Council Special MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 13,2003 5:30 P.M. COMMUNITY ROOM EAGAN CITY HALL Members present: Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were staff members: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Parks and Recreation Director Vraa and Senior Planner Ridley. ROLL CALL AND AGENDA Councilmember Maguire moved; Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye: 3 Nay: 0 (Councilmembers Fields and Carlson absent) VISITORS TO BE HEARD There were no visitors to be heard. SHORELAND ZONING - HARNACK & KENNEAL Y CREEKS This item was originally discussed at the City Council Workshop held on April 8, 2003. The Council at that time directed staff to perform research into the timing of the City's adoption of the Shoreland Ordinance in relation to when properties were acquired by homeowners, to determine the dimensions of the shoreland area, to identify the permitted and conditional uses within shoreland area, research why the City adopted regulations that are more restrictive than the DNR requires and provide a brief history on the conditions of the two creeks. City Administrator Hedges introduced the item and turned the discussion over to Senior Planner Ridley, who introduced Pat Lynch of the DNR. Mr. Lynch noted that the DNR allows residential use in shore land zoning and the City of Eagan chose to be more restrictive than the DNR when adopting their ordinance. The City Council discussed the ordinance and whether to change the ordinance to meet the DNR minimum requirements to insure that properties are in conforming use. Councilmembers Carlson and Fields arrived at 5:45 p.m. The City Council directed staff to prepare an ordinance amendment to revise Chapter 11 of the City Code in order to meet the DNR minimum requirements for shore land zoning. Aye: 5 Nay: 0 PRESENTATION BY CAPE City Administrator Hedges introduced members of CAPE (Changing Alcohol Policies at Events) that were in the audience. Hedges noted that the City of Eagan is one of several local government entities that were selected to review and prepare a list of procedures for temporary malt Special City Council Meeting Minutes May 13, 2003 Page 2 liquor licenses and temporary on-sale licenses. The City was a random selection through the Alcohol Risk Management Program with the University of Minnesota. CAPE members Elaine Eyre and Sandy Masin addressed the Council and provided a summary of the policy being proposed to the City Council regarding the issuance of temporary liquor licenses. CAPE members also added that the Lions Club has been actively involved in the process of creating the policy. CAPE members summarized the legal information, training resources, distributors/vendors, and signs to be posted at special events where alcohol is being served. Police Chief Therkelsen addressed the enforcement of the policy and noted that if the policy was intended for all persons receiving licenses, an ordinance amendment would be required. Therkelsen also noted that the policy includes an age restriction of 21 years of age to serve, whereas the legal age to serve is 18. The City Council discussed the policy being proposed by CAPE. Councilmember Maguire noted that in the policy there is reference to the size of the cup being used in serving alcohol and suggested that translucent cups be used rather than dictating the size of the cup used. The City Council also noted that the policy being presented would apply to temporary license permits. Director of Administrative Services VanOverbeke addressed the Council regarding the requirements of a temporary versus permanent liquor license. Sherry Timmerman, Community Organizer for CAPE, presented to the Council noting that the policy is modeled after the cities of Brooklyn Park, Corcoran and Highland Park in St. Paul. The City Council directed staff to provide the Council with copies of the policies of these cities. The Council also directed that a draft policy be prepared for consideration at an upcoming workshop. The Council also asked that, with the policy, a memo be included with the Police Chief and City Attorney's opinion regarding the policy. City Administrator Hedges noted that the Lions Club's request for a temporary liquor license is on the agenda for the May 20th City Council meeting. The Council directed that the item stay on the agenda with the understanding that the current policy at the time of the event would be enforced. DAKOTA WOODLANDS City Administrator Hedges introduced the item noting that the City Council, at their May 6 Listening Session, directed that an agenda item be scheduled to discuss the request of Dakota Woodlands to receive free tickets to Cascade Bay and/or the Blast. City Administrator Hedges directed the Council's attention to Chapter 25 of the League of Minnesota Cities Handbook regarding non-legal expenditures. Included in the handbook was a provision that cities are not allowed to donate to any person, corporation, or private institution not under direct control of the city government. The Council discussed Dakota Woodlands' request and noted that what the City does for one group, they must do for all groups. The City Council directed City Administrator Hedges to send correspondence to Dakota Woodlands informing them that it is the City's policy, per the direction of the state, not to provide donations to individual groups. However, the Council noted that their decision is not a reflection of the work provided by Dakota Woodlands, as they are appreciative ofthe service they provide to the community. DIRECTION RE: MASSAGE THERAPY ORDINANCE Special City Council Meeting Minutes May 13, 2003 Page 3 City Administrator Hedges provided background on the item noting that in the Eagan City Code, the number of massage therapy establishment licenses is limited to six licenses. Inadvertently, the stipulation has been overlooked as Eagan currently has issued ten massage therapy establishment licenses. The City Council discussed the matter. Police Chief Therkelsen addressed the Council, noting that upon researching the issue, the Police Department has no problem regarding the number of massage therapy licenses issued, however, the Police Department would like to see the license requirement retained. Eagan resident, Dave Ragsdale, addressed the City Council voicing that he has no concerns with the licensing requirement; however, he noted that Eagan is the most expensive of neighboring cities in regard to the licensing fee. Councilmember Fields moved, Councilmember Tilley seconded a motion to amend City Code Chapter 6 to remove the cap on the number of massage therapy establishment licenses issues. Aye: 5 Nay: 0 The City Council also directed staff to do further research on the massage therapy establishment license fee to be brought back to an upcoming City Council workshop. CAPONI ART PARK 2003 SUMMER PROGRAMS City Administrator Hedges introduced the item noting that the purpose was to discuss the overall policy questions that surround the City participating financially with the Caponi Art Park and Learning Center. Mayor Geagan noted that the item is a public policy question for the Council to decide as to whether the City should participate financially with a program that is not an official City program. Director of Administrative Services VanOverbeke provided information regarding the insurance requirements for the Art Park. Ms. Cheryl Caponi addressed the City Council and noted that other options have been explored regarding financial contributions to the Caponi Art Park and Learning Center. Mayor Geagan noted that he would speak to the Lions Club regarding the Caponi Art Park and potential contributions. The Council had no recommended action at this time. PRESENTATION BY PAUL BAKKEN BAKKEN PROPERTIES OF MINNESOTA, LLC City Administrator Hedges introduced the item noting to the Council that Paul Bakken, representing Bakken Properties of Minnesota, LLC, requested a meeting of the Council to discuss a potential large scale development in the Cedar Grove Redevelopment Area. Per the request of Councilmembers Carlson and Fields, the item was added to the May l3 workshop agenda. Special City Council Meeting Minutes May 13, 2003 Page 4 Paul Bakken addressed the City Council and noted that he is acting as the master developer for Bakken Properties of Minnesota. Furthermore, Bakken added that he works in partnership with numerous investors who have various areas of expertise. Bakken gave a presentation to the City Council which includes the product that his company envisions for the Cedar Grove Redevelopment Area, including Boston "Beacon Hill" style use, which would include mixed use residential and commercial properties, all of which would include a modular design. Bakken added that the area he hopes to develop would be the southeast portion of the Cedar Grove Redevelopment Area. Bakken encouraged the City to consider performing a land aggregation and preparation cost study for the area and, pending the outcome of the study, begin the process for a master developer agreement. Bakken listed the following goals of the study: . Estimate land assembly cost for area of the City's choice . Estimate demolition cost for same area . Using this information, estimate a hypothetical sale price of the cleared land to a master developer . Provide a guide for the City's long-term plans for the Cedar Grove Redevelopment Area The City Council discussed Bakken's proposal. Mayor Geagan noted that Bakken is presenting as a developer, however, noted his concerns for potential individual legal issues. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct staff to enter into a study to: 1.) Determine a sale price for a developers' acquisition (assembly and demolition) 2.) Timeline 3.) Financial realities for the Bakken proposal Aye: 5 Nay: 0 The City Council also directed staff to send a memo to the Economic Development Commission (EDC) to inform them of the study. The City Council asked that City Administrator Hedges check in at the next workshop with an update on the study. PART III - FIVE (YEAR) CIP City Administrator Hedges introduced the item noting that each year the City Council considers the Public Works 5-year CIP at a work session during the month of May. This allows the City Council to adopt this section of the 5-year Part III CIP for all the public infrastructure improvements at a meeting in either late Mayor early June so staff can proceed with the necessary fact-finding, public meetings, etc. to prepare for project implementation in the first year of the CIP, which in this case is 2004. Public Works Director Colbert presented background information on the projects being recommended in the 5-year CIP. The City Council discussed the individual projects being suggested, including the signalization of Cliff Road at Lexington Avenue, signalization at Wescott Road and Highway l49, and the upgrade of Highway l49. Special City Council Meeting Minutes May 13, 2003 Page 5 Colbert noted that the Highway 149 upgrade is not feasible in 2004 due to lack of a regional funding; however, the project could be moved up to 2006. Furthermore, Colbert added that City staff was working with consultants to prepare the best packet to MnDOT/Met Council regarding the Highway 149 upgrade. Councilmember Maguire moved, Councilmember Tilley seconded a motion to move the Highway 149 upgrade to 2005 in the Eagan CIP. The Council also directed that staff send correspondence to MnDOT noting that the City moved the Highway 149 project to 2005 and request that MnDOT do the same. Also to be included in the letter is a request ofthe City that MnDOT not complete the overlay of Highway 149 until the upgrade is complete. Aye: 5 Nay: 0 Public Works Director Colbert presented a summary ofthe utility CIP and noted that it focused primarily on transportation and minor suggestions for utilities. The City Council thanked staff for the excellent work on the Part III CIP. REQUEST FROM THE CITY OF MINNEAPOLIS RE: A RESOLUTION SUPPORTING THE COMPLETION OF THE 1996 SOUND INSULATION PROGRAM Assistant to the City Administrator Lord summarized the recommendation of the Airport Relations Commission, which was to send correspondence to MAC requesting approval of the 1996 Sound Insulation Program as presented. The City Council directed staff to send correspondence to MAC in support of the completion of the 1996 Sound Insulation Program. REVIEW CURRENT VACANT POSITIONS WITHIN THE CITY City Administrator Hedges provided background information on the item, including the action taken at the May 6 City Council meeting to implement a hiring freeze until such time as the 2004 budget is addressed. City Administrator Hedges presented a list of current vacant positions within the City per the request of the City Council. The City Council discussed the positions. In particular, the City Council discussed the Skating School Coordinator and inquired as to when programming would start at the Skate School. The City Council requested that staff continue to provide updates on vacant positions within the City. Staff was also asked to make recommendations on which positions should be exempt and in particular, include revenue loss associated with not filling a position. There was City Council consensus that the freeze applies to all City operations including Enterprise Funds. The City Council noted that by not filling positions some services will not be provided at their current level. However, the Council also requested that staffbe creative in finding ways to accomplish to work of those positions that are currently unfilled, including cross-training, cross-departmental coverage, etc. The City Council directed that staff provide further research on the vacant positions including further information regarding the Skate School Coordinator and the loss of revenue associated with not filling the position. Councilmember Carlson requested further dialogue with Special City Council Meeting Minutes May 13, 2003 Page 6 the City Council regarding the 2004 budget. Councilmember Fields noted that just because an individual position is currently open, that should not mean that the position will be cut in the future. OTHER BUSINESS The City Council inquired about the Conceal and Carry legislation and the implications to the City. City Administrator Hedges noted that a memo would be included in the Council's packet this Friday, May 16, with a memo from the League of Minnesota Cities as well as a memo from the City Attorney as to how the legislation will affect the City of Eagan. ADJOURNMENT The meeting adjourned at 9:30 P.M. City Clerk Date If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5001, (TDD phone: 651-675-8535). 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.