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04/15/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 15, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, April 15, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Bakken, and Tilley. 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 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire briefly discussed the planned merger between Northwest Airlines and Delta Airlines, noting that the City is not party to any of the details regarding the merger. CONSENT AGENDA Item P was pulled for discussion. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 1, 2008 regular City Council meeting and as presented. B. Personnel Items 1. It was recommended to approve the hiring of Jacob Loesch, Ryan Neumann, Kevin Weber and Robert Rausch as seasonal park laborers 2. It was recommended to approve the hiring of Richard LeMay, Megan Grouws and Leah Ehret as seasonal park attendants 3. It was recommended to approve the hiring of Joseph Carchedi and Craig Spande as seasonal ball field attendants. 4. It was recommended to approve the hiring of Adam Nelson as a seasonal customer service assistant. 5. It was recommended to approve the hiring of Christopher Klawiter and Gary Royal as a part-time seasonal custodians at the Community center 6. It was recommended to accept the letter of resignation from Anastasia Fleisher, Custodian at the Civic Arena. 7. It was recommended to approve a change of the job title from Commander of Fire Prevention Services to Deputy Fire Chief. This request does not include a change to the current salary C. It was recommended to ratify the check registers dated March 27, 2008 and April 3, 2008 as presented. D. It was recommended to approve an amendment to the Contingent Settlement Agreement regarding the Wensmann v. City of Eagan matter to clarify the nature of the land use and zoning applications to be considered by June 20, 2008. E. It was recommended to accept the Finance Committee recommendation regarding the Elected Officials Out-of-State Travel Policy. F. It was recommended to approve a resolution to require financial securities for development projects to be 08-13 issued by established financial institutions with branches in Minnesota. G. It was recommended to approve changes to the City Code, Chapter 2.78 to update and clarify building addressing regulation and direct the City Attorney to publish the changes in the City of Eagan's official newspaper. Eagan City Council Meeting Minutes April 15, 2008 Page 2 H. It was recommended to approve changes to City Code Chapter 10.40 to regulate recreational fires, prohibit barbecues on balconies in certain situations, and to regulate open burning and direct the City Attorney to publish the ordinance amendment in the City of Eagan's official newspaper. 1. It was recommended to approve an agreement between Lockheed Martin and the City of Eagan to allow reciprocal emergency shelter in the event either building needs to be evacuated and authorize the Mayor and City Clerk to execute the agreement. J. It was recommended to approve the hiring of Leo A. Daly Architects to prepare plans and specifications for the Civic Arena mezzanine. K. It was recommended to authorize the acceptance of up to $600 from the Eagan Art Festival in collaboration of activities for the MN 150 mini-grant for art activities at the 2008 Eagan Art Festival. L. It was recommended to authorize the acceptance of $2,900 of grant funding from the Metropolitan Regional Arts Council for a Community Arts Grant. M. It was recommended to approve the contract with Austad Construction and Peterson for the replacement of the roof at Fire Station 3, subject to final contract language approval by the City Attorney's Office. N. It was recommended to award Contract 08-03 (Citywide Street Improvements), to Bituminous Roadways Inc., for the base bid in the amount of $1,368,881.80, and authorize the Mayor and City Clerk to execute all related documents. 0. It was recommended to reject the alternate bid and award Contract 08-04 (Citywide Street Improvements) to McNamara Contracting, Inc., for the base bid amount of $1,919,804 and authorize the Mayor and City Clerk to execute all related documents. P. Pulled for discussion. Q. It was recommended to approve an Ownership and Maintenance Agreement for Contract 08-06 (Northwood Parkway - 35E Overpass) for the Northwood Parkway bridge over 35E with the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve the Plans and Specifications for Contract 08-07 (Water Reservoir Reconditioning, Lexington / Diffley & Safari) and authorize the advertisement for a bid opening to be held at 2:00 p.m., Thursday, May 22, 2008. S. It was recommended to approve a Final Subdivision (DG Welding) to create two industrial lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE 1/4 of Section 8. T. It was recommended to approve an amendment to the Verizon Wireless Antennae Lease Agreement for the Deerwood Reservoir and authorize the Mayor and City Clerk to execute all remaining documents. U. It was recommended to approve 1) A Purchase Agreement for Lot 2, Block 1 of the Northwoods Business Park Third Addition for a future fire station and other development and 2) A Joint Powers Agreement with the Dakota County CDA to share the costs of the purchase to develop a portion of the property for workforce rental housing. V. It was recommended to accept a $500 donation from the Rotary Club of Eagan to be used towards the purchase of communication equipment for the Crisis Negotiation Team. W. It was recommended to approve a Consultant Services Agreement for a Telecommunications Site Inventory with SEH, Inc. and Authorize the Public Works Director to issue the related Work Order. P. Contract 08-06 (Northwood Parkway - 35E Overpass), to Lunda Construction Company, for the base bid in the amount of $3,778,613.30, and authorize the Mayor and City Clerk to execute all related documents. City Administrator Hedges noted that the Finance Committee is recommending the sale of MSA bonds to finance this project. He also noted that Dakota County is on record that they will fund a portion of the project. Councilmember Fields moved, Councilmember Bakken seconded a motion to award Contract 08-06 (Northwood Parkway - 35E Overpass), to Lunda Construction Company, for the base bid in the amount of $3,778,613.30, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PUBLIC HEARINGS Eagan City Council Meeting Minutes April 15, 2008 Page 3 VARIANCE AND FINAL PLAT (ABF ADDITION) - ABF FREIGHT SYSTEM, INC. City Administrator Hedges noted that this item would need to be continued due to Dakota County right-of-way and access dedication requirements. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration of a Final Plat to create one lot upon approximately 8.02 acres and a Variance of 10 feet to the required 50- foot front yard setback for the existing building located at 2750 Lexington Avenue South, legally described as Lot 3, 4, 5 and 6, Plainview Addition, in the NW 1/4 of Section 02 until the May 6, 2008 City Council meeting. Aye: 5 Nay: 0 ORGANIZATIONAL BUSINESS APPOINTMENT OF ADVISORY COMMISSION MEMBERS After voting by secret ballot, the City Council made the following appointments: ADVISORY PLANNING COMMISSION 2-Year Terms: Dana Keeley, Peter Dugan, Thomas Heaney 1-Year Alternate Term: Maggie Jensen ADVISORY PARKS AND RECREATION COMMISSION 2-Year Terms: Thurston Anderson, Jennifer Dahlquist, Duane Hansen 1-Year Alternate Term: Bruce Goff AIRPORTS RELATIONS COMMISSION 2-Year Terms: James Casper, Carol Shattuck, Chad Stambaugh 1-Year Alternate Term: Beth Prouty BURNSVILLE EAGAN TELECOMMUNICATIONS COMMISSION 2-Year Terms: Jody Mikasen, Joe Conlon 1 Year Alternate Term: Robert Cooper GUN CLUB LAKE WATER MANAGEMENT ORGANIZATION 3-Year Term: Gerald Engelke 1-Year Alternate Term: Motion was made by Tilley, seconded by Fields to ratify the appointments to the Advisory Commissions. Aye: 5 Nay: 0 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT MSP COMMERCIAL City Administrator Hedges noted that a request had been made to continue this item. Councilmember Bakken moved, Councilmember Fields seconded a motion to continue consideration of the request for a Planned Development Amendment, Final Planned Development and Final Plat for a two-story medical/office building on 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2"d Addition in the NE 1/4 of Section 15, to the May 6, 2008 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT SELECT SENIOR LIVING OF EAGAN LLC Eagan City Council Meeting Minutes April 15, 2008 Page 4 City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment that would change the land use designation from Special Area/Medium Density to Special Area/High Density and a Planned Development Amendment to allow for a 71 unit Assisted Living Facility on property located in the NW 1/4 of Section 16. City Planner Ridley gave a staff report. Joel Larson representing Select Senior Living discussed the proposed plan for the assisted living facility. He stated that the density has been reduced from 71 to 63 units. He also discussed parking for the proposed site. Roger Kleppe representing Blue Cross Blue Shield of Minnesota (BCBSM) discussed restricted covenants, access to the property, and the proposed density of the property. Mr. Larson requested a continuance to June 17, 2008 with the ability for the item to come back sooner if an agreement is reached with BCBSM before that date. It was the consensus of the Council to defer the decision on the proposed plan until an agreement is reached between the applicant and BCBSM. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Comprehensive Land Use Plan Amendment that would change the land use designation from SA/MD (Special Area / Medium Density), to SA/HD (Special Area/High Density), to allow for a 71 unit Assisted Living Facility at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW 1/4 of Section 16 to the June 17, 2008 City Council meeting. Aye: 5 Nay: 0 PETITION - CONSIDER PETITION OF EAGAN CHARTER COMMISSION MEMBERS TO COMPEL THE EAGAN CHARTER COMMISSION TO CONVENE A SPECIAL MEETING ON APRIL 30, 2008 City Administrator Hedges stated that the City had received a petition signed by five members of the Eagan Charter Commission requesting that the City of Eagan, per State Statute, compel the Charter Commission to meet on April 30, 2008. City Attorney Dougherty explained the Statute that allows the Council to compel the Charter to meet. Councilmembers held a discussion regarding the proposals to be considered at the Charter Commission meeting. Mayor Maguire moved, Councilmember Fields seconded a motion to approve a resolution compelling the Eagan 08-14 Charter Commission to convene a special meeting of the Eagan Charter Commission on April 30, 2008 at 6:30 p.m. in the Eagan Room at Eagan City Hall. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 7:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:45 p.m. ADMINISTRATIVE AGENDA 1. City Administrator Hedges stated that Mayor Maguire is recommending, due to the meeting schedule and nature of the agendas for the Caponi Art Park Board, he step down as the City's official representative and appoint Director of Parks and Recreation Johnson. Councilmember Tilley moved, Councilmember Carlson seconded a motion to appoint Director of Parks and Recreation Juli Seydell Johnson to replace Mayor Maguire on the Caponi Art Park Board. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 15, 2008 Page 5 2. City Administrator Hedges discussed the need to consider a process to address full-time regular employee issues during the hiring freeze. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct the Finance Committee to consider a process to address full-time regular employee issues during the hiring freeze. Aye: 5 Nay: 0 3. City Administrator Hedges addressed the application for a temporary on-sale liquor license and request to waive the license fee for Trinity School at River Ridge for a spring gala event. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the temporary on-sale liquor license and waive the license fee for Trinity School at River Ridge for a spring gala event on April 19, 2008. Aye: 5 Nay: 0 4. City Administrator Hedges addressed the application for a temporary on-sale liquor license for the Minneapolis Menagerie Women's Rugby Club for the Mosquito Madness Rugby Tournament on May 3 and 4, 2008. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a temporary on-sale liquor license, subject to submission of required documents, for the Minneapolis Menagerie Women's Rugby Club for the Mosquito Madness Rugby Tournament on May 3 and 4, 2008. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:00 p.m. Administrative Secretary / Deputy City Clerk Date 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. BALLOT FOR SELECTION OF CITY COUNCIL MEMBER July 15, 2008 Round No. ❑ Edward Asby k t ❑ Patrick Geagan It ❑ Ted Gladhill ❑ Michael Holmdahl [t ❑ Shawn Hunter ❑ Susan Orandi Johnson ❑ Mark Olson ❑ Brenda Rivera I ❑ Kristine Thornburgh 1 t ❑ Jane Vanderpoel Name: BALLOT FOR SELECTION OF CITY COUNCIL MEMBER July 15, 2008 ❑ Edward Asby ❑ Patrick Geagan ❑ Ted Gladhill ❑ Michael Holmdahl ❑ Shawn Hunter ❑ Susan Orandi Johnson ❑ Mark Olson ❑ Brenda Rivera ❑ Kristine Thornburgh Jane Vanderpoel Name: BALLOT FOR SELECTION OF CITY COUNCIL MEMBER July 15, 2008 Round No. - ❑ Edward Asby ❑ Patrick Geagan ❑ Ted Gladhill ❑ Michael Holmdahl Shawn Hunter ❑ Susan Orandi Johnson ❑ Mark Olson ❑ Brenda Rivera Kristine Thornburgh ❑ Jane Vanderpoel Name: BALLOT FOR SELECTION OF CITY COUNCIL MEMBER July 15, 2008 Round No. ❑ Edward Asby PPatrick Geagan PTed Gladhill ❑ Michael Holmdahl Shawn Hunter ❑ Susan Orandi Johnson ❑ Mark Olson ❑ Brenda Rivera pKristine Thornburgh ❑ Jane Vanderpoel Name: fe. BALLOT FOR SELECTION OF CITY COUNCIL MEMBER July 15, 2008 Round No. 1` A ❑ Edward Asby Patrick Geagan Ted Gladhill ❑ Michael Holmdahl ® Shawn Hunter ❑ Susan Orandi Johnson ❑ Mark Olson H Brenda Rivera ❑ Kristine Thornburgh Jane Vanderpoel Name: ' Airport Relations Commission ARC 2 -year Terms 2. C,&(CA vc�, 3. (hack Sk-Cv. Ib ugf\ 1 -year Alternate Term Burnsville -Ewan Telecommunications Commission BETC 2 -year Terms �- 2. Jae, 1 -year Alternate Term Watershed Mana,ement Organization WMO 3 -year Term + I. C-x-co�6 F-00(�L 1 -year Alternate Term 1. 2008 Commission Appointments Advisory Planning Commission APC 2 -year Terms 2.�.��, 1 -year Alternate Term Advisory Parks and Recreation Commission APrC 2 -year Terms 1.�f ..� 2• 3. G4\f kASf 1 -year Alternate Term 3 -Year Terms Initial ADVISORY COMMISSION BALLOT bold = incumbent Openings APC APrC ARC BECT WMO 3 - year terms 1 2- year terms 3 3 3 2 1- ear alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3 2 RxG\l6-� 1 3 -``ear Teras ADVISORY COMMISSION BALLOT Initial ooia = incumueni Openings APC APrC ARC BECT WMO 3 - year terms 1 2- year teems 3 3 3 2 1- ear alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3 2 ZIG-M' , � 3 -Year Terms ADVISORY COMMISSION BALLOT Initial ),`� . bold = incumbent O enin s APC APrC ARC BECT WMO 3 - year terms 1 2- year tefms 3 3 3 2 1 ear alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3 2 ,�)r"Aoo I 3 -Year Terms ADVISORY COMMISSION BALLOT Initial NAME APC APrC ARC BETC wM0 James Casper Margaret Jensen Carol Shattuck Dana Keele Michael Huber Bruce Goff Peter Dugan Kimberly Feller Thomas Heaney Beth Prou Ron Miller Chad Stambaugh Jody Mikasen Michael Owens Joseph Conlon Robert Cooper Joseph Bari Thurston Anderson Jennifer Dahlquist Duane Hansen Gerald Engelke bold = incumbent Openings APC APrC ARC BECT wM0 3 - year terms 1 2- year teams 3 3 3 2 1- year alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3 2 `A11at 1 3 -Year Terms ADVISORY COMMISSION BALLOT NAME APC APrC I BETC JWMO James Casper Margaret Jensen Carol Shattuck Dana Keele Michael Huber Bruce Goff Peter Dugan Kimberly Feller Thomas Heaney Beth Prouty Ron Miller Chad Stambaugh Jody Mikasen Michael Owens Joseph Conlon Robert Cooper Joseph Bari Thurston Anderson Jennifer Dahl uist Duane Hansen Gerald Engelke bold = incumbent Openings APC APrC ARC BECT wM0 3 - year terms 1 2- year terms 3 3 3 2 1- year alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3 2 3 -Year Terms ADVISORY COMMISSION BALLOT Initial1' _ - i bold = incumbent Openings APC APrC ARC BECT WMO 3 - year terms 1 2- year terms 3 3 3 2 1- year alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3 2 2 -Year Terms Initial ADVISORY COMMISSION BALLOT bold = incumbent Openings 3 - year terms 2 - year terms 1 - year alternate terms Total # of openings 7APC APrC ARC BECT WMD 1 13 3 3 2 1 +4_41 431 2 2 -Year Terms ADVISORY COMMISSION BALLOT Mom bold = incumbent 3 - year terms 2 - year terms 1 - year alternate terms Total # of openings 2 -Year Terms ADVISORY COMMISSION BALLOT Initial, bold = incumbent Openings APC APrC ARC BECT WMO 3 - year terms 1 2- year terms 3 3 3 2 1- year alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3, 2 2 -Year Terms ADVISORY COMMISSION BALLOT Initial bold = incumbent en! i s 3 - year terms 2 - year terms 1 - year alternate terms Total # of openings APC APrC ARC BECT WMO 1 3 3 3 2 1 1 1 1 1 4 4 4 3 2 -Year Terms Initial ADVISORY COMMISSION BALLOT bold = incumbent U enin s 3 - year terms 2 - year terns 1 - year alternate terms Total # of openings P�,llfi 1 2 -Year Terms ADVISORY COMMISSION BALLOT Initial bold = incumbent Open! s 3 - year terms 2 - year terms 1 - year alternate terms Total # of openings APC IAPrC BECT IWMO 3 31 2 1 1 1 1 A 41 41 3 zcsbt -t� 1 -Year Alternate Terms Initial ADVISORY COMMISSION BALLOT bold = incumbent Openings APC APrC ARC BECT WMO 3 - year terms 1 2- year terms 3 3 3 2 1- ear alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3 2 1 -Year Alternate Terms ADVISORY COMMISSION BALLOT Initial bold = incumbent Openings APC APrC ARC BECT WMO 3 - year terms 1 2- year terms 3 3 3 2 1- year alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3 2 pmi6v 1 -Year Alternate Terms ADVISORY- COMMISSION BALLOT bold = incumbent Openings APC APrC ARC BECT WMO 3 - year terms 1 2- year terms 3 3 3 2 1- ear alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3 2 1 -Year Alternate Terms ADVISORY- COMMISSION BALLOT Initial bold = incumbent Openings APC APrC ARC BECT WMO 3 - year terms 1 2- year terms 3 3 3 2 1- ear alternate terms 1 1 1 1 1 Total.# of openings 4 4 4 3 2 1 -Year Alternate Terms ADVISORY COMMISSION BALLOT Initial ?_1 bold = incumbent Openings APC APrC ARC BECT WMO 3 - year terms 1 2- year terms 3 3 3 2 1- year alternate terms 1 1 1 1 1 Total # of openings 4 4 4 3 2 -Year Alternate Terms ADVISORY COMMISSION BALLOT Openings APC APrC ARC BECT WMO 3 - year terms 1 2- year terms 3 3 3 2 1- ear alternate terms 1 1 1 1 1 Total # of openings 4 41 4 3 2 li