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12/01/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 1, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, December 1, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an additional public hearing (Item H) would be added. He noted changes under personnel items. There will be a closed session to discuss the Joey Browner lawsuit and the land for alum dosing. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Nancy Bailey, Central Maintenance Supervisor, was recognized for being awarded the Supervisor of the Year by the Minnesota Public Works Association. CONSENT AGENDA City Administrator Hedges noted that the positions for the E-TV Studio had been approved at a previous meeting, therefore would be deleted from the consent agenda. He further noted the addition of an item to personnel items. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the November 18, 2008 regular City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the hiring of Davd Bailly, Jordan Page, Nick Schuetz, John Opsahl, Derek Rothschiller, Killy Power, Chrstopher Toll, David Pliego, Brad Haberkorn, Kyle Stevenson, Joe Caron and Ryan Blake as seasonal part-time winter recreation leaders. 2. It was recommended to approve the hiring of Ryan Marks as a part-time winter recreation leader/recreation official. 3. It was recommended to approve the hiring of Keith Wallace as a part-time recreation official. 4. It was recommended to approve the hiring f Cory Anderson, Annie Schmdt, Scott Wobschall, Daniel Knight, Sarthak Mishra and Jay Winger as seasonal Building Attendants I at the Civic Arena. 5. It was recommended to end the employment of probationary employee Helen Wing from the Community Center. C. It was recommended to ratify the check registers dated November 13, 2008 and November 20, 2008. D. Item was removed from agenda. E. It was recommended to approve renewals of existing liquor licenses for 2009. F. It was recommended to approve renewals of tobacco licenses for 2009. G. It was recommended to approve renewals for trash hauler licenses for 2009. H. It was recommended to approve renewals for tree maintenance contractor licenses for 2009. City Council Minutes December 1, 2008 Page 2 1. It was recommended to approve renewals for pet shop licenses and kennel licenses for 2009. J. It was recommended to approve a pigeon license renewal for Eric Drenckhalm. K. It was recommended to approve program alternatives for inclusion in the City's FY 2009 Community Development Block Grant (CDBG) Application and adopt Resolution approving funding application request. L. Item removed from agenda. M. Item removed from agenda. N. It was recommended to receive the Draft Feasibility Report for Project 978, (Eagandale / LeMay Lake - Street Improvements) and schedule a public hearing to be held on January 6, 2009. 0. It was recommended to receive the Draft Feasibility Report for Project 979, (LeMay Lake Hills / Lunka Additions - Street Improvements and schedule a public hearing to be held on January 6, 2009. P. It was recommended to receive the Draft Feasibility Repot for Project 1006, (Knoll Ridge Drive - Street Improvements) and schedule a public hearing to be held on January 6, 2009. Q. Item removed from agenda. R. It was recommended to approve the final payment for Contract 08-03 (Citywide - Street Overlays) in the amount of $135,118.94 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. S. It was recommended to approve a Correction to (Safari Estates - Street Overlay Improvements). T. It was recommended to receive the Draft Feasibility Report for Project 82, (St. Francis Woods 6t' / Duckwood Trail - Street Improvements) and schedule a public hearing on January 6, 2009. U. It was recommended to approve retaining a contractor for Eagan Business News. 2008 RESIDENTAL SURVEY RESULTS A presentation was given by Bill Morris of Decision Resources, Ltd. on the significant findings from the 2008 residential survey. PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2009 TRUTH-IN-TAXATION HEARING City Administrator Hedges discussed the proposed 2009 General Levy and General Fund Budgets. A PowerPoint presentation was given. Mayor Maguire opened the public hearing. Two citizens asked questions in regard to tax increment financing, property taxes and energy costs in the budget. Staff responded to the questions. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and set the 2009 General Fund budget considerations for the December 16 City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and set the 2009 Cedarvale Special Services District (SSD) levy and budget considerations for the December 16 City Council meeting. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item, noting that at the November 6, 2008 Council meeting, the public hearing was held, however, later it was discovered that proper notice did not appear in the City's legal newspaper. City Council Minutes December 1, 2008 Page 3 Mayor Maguire opened the public hearing. There being no comment, he closed the hearing and turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 953, CEDAR GROVE 1ST & 2nd ADDITIONS STREET OVERLAY AND UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Cedar Grove 1st and 2nd Additions street overlay and utility improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 953 (Cedar Grove 1st and 2nd Additions - Street Overlay and Utility Improvements) and authorize its certification o Dakota County for collection. Aye: 5 Nay: 0 PROJECT 972, LONE OAK / WATERS AREA STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Lone Oak / Waters street improvements. Public Works Director Colbert provided background information regarding street improvements scheduled for 2009. Assistant City Engineer Gorder gave a staff report. Director Colbert noted that two letters of objection have been received from property owners that would be assessed. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Project 972, Lone Oak / Waters (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 974, WASHINGTON DRIVE / 81ST STREET / FEDERAL DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Washington Drive, 81st Street and Federal Drive. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 974, Washington Drive / 81st Street / Federal Drive Street Improvements, as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1001, OPPERMAN DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Opperman Drive. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. City Council Minutes December 1, 2008 Page 4 Donn Kirchgatter, property owner at the corner of Opperman and Argenta stated that he is opposed to any assessment that he may have to pay, given the commercial properties that use Opperman Drive and the traffic they generate. There being no further public comment, Mayor Maguire closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1001, Opperman Drive (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1003, BLUE GENTIAN ROAD STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Blue Gentian Road street improvements. Assistant City Engineer Gorder gave a staff report. 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 Hansen seconded a motion to approve Project 1003, Blue Gentian Road (street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 BLUE GENTIAN CIRCLE - RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding the amended vacation of public right-of-way know as Blue Gentian Circle. Mayor Maguire opened the public hearing. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the amended vacation of public right-of-way known as Blue Gentian Circle and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS There were no Old Business items. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - HOLIDAY STATIONSTORES City Administrator Hedges introduced this item regarding a Planned Development Amendment to add a dynamic message panel to the existing free-standing sign at 2066 Eagan Woods Drive. City Planner Ridley gave a staff report. Dave Edquist representing Holiday Stationstores was present to answer questions of the Council. Discussion was held and City Councilmembers shared their concern with the size / proportion of the proposed reader board. It was the consensus of the Council and applicant to continue consideration of this item to allow Holiday Stationstores additional time to reconsider the design of the dynamic reader board. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of a Planned Development Amendment to add a dynamic message panel to the existing free-standing sign at 2066 Eagan Woods City Council Minutes December 1, 2008 Page 5 Drive, legally described s Lot 1, Block 1, Manley Commons 1st Addition in the NE 1/4 of Section 4, to the January 6, 2009 Council meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed the economic stimulus infrastructure funds. Public Works Director Colbert discussed funds that may be made available through MNDOT for infrastructure projects. He discussed two projects in the City that could possibly qualify for the funding. Further discussion is to be held at the City Council Goals Retreat. At 9:47 p.m. the regular City Council meeting was recessed to immediately convene a meeting of the Economic Development Authority. At 9:51 p.m. the regular City Council meeting was reconvened. ADMINISTRATIVE AGENDA Councilmember Hansen discussed the possibility of a snow removal ordinance amendment. Council directed the issue to the Public Works Committee. Councilmember Bakken discussed information and material that he brought back from the National League of Cities Conference that he other City Councilmembers recently attended in Orlando. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 10:00 p.m. Date Administrative Secretary / Deputy Clerk