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06/17/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 17, 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, Bakken and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, June 17, 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 Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Councilmember Peggy Carlson was recognized for her nine and one half years of service to the City. It was noted that her resignation from the Eagan City Council is effective June 30, 2008. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the June 3, 2008 regular City Council meeting as presented. B. Personnel Items 1. Accepted letter of retirement from Steve Grimm, Police Sergeant, and acknowledge Steve for 25 years of service to the City of Eagan. 2. Approved the hiring of a person to be named as full-time overnight custodian at the City's Campus Facilities. 3. Approved the hiring of a person to be named as full-time overnight custodian at the Eagan Community Center. 4. Approved the hiring of Josh Hoff as a seasonal utilities maintenance worker. 5. Approved the hiring of Lauren Sturdivant, Cody Johnson and David Guenther as seasonal park maintenance workers. 6. Approved hiring of Jonathan Childers and Wanda Borman as part-time seasonal art instructors. C. It was recommended to ratify the check registers dated May 29, 2008, June 5, 2008 and June 12, 2008 as presented. D. It was recommended to accept the donation of an AED from North Star Foods Services. 08-28 E. It was recommended to approve Massage Therapy Establishment License renewals for: Tranquility for You Massage Therapy, 3445 Washington Drive; Lifetime Fitness, 1565 Thomas Center Drive; Keep In Touch, 3424 Denmark Avenue; Cole's Salon, 3450 Pilot Knob Road; Massage Envy, 3250 Denmark Ave. #108; Solimar Wellness Spa, Inc., 1121 Town Centre Drive; Neuromuscular Connection, 4580 Scott Trail #210; Affordable Therapeutic Massage, 4120 Lexington Avenue. F. It was recommended to approve Amusement Device Licenses for Theisen Vending, Awe Vending, Coinstar Entertainment and Lieberman Companies. G. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus. H. It was recommended to approve a Fireworks Permit for RES Specialty Pyrotechnics Inc. and waive the license fee as requested by the July 4"' Funfest Committee. 1. It was recommended to schedule a Special City Council Workshop on Tuesday, July 22, 2008. Eagan City Council Meeting Minutes June 17, 2008 Page 2 J. It was recommended to receive the bids and award Contract 08-07 (Reservoir Repainting) to the lowest responsible bidder. K. It was recommended to approve Change Order No. 1 for Contract 08-06 (Northwood Parkway - 35E Overpass) for the Northwood Parkway bridge over 35E and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to schedule a public hearing to be held on July 1, 2008, to consider variances to miscellaneous parking lot setbacks associated with pubic improvements. M. PULLED FOR DISCUSSION - Designation of Wuthering Heights Road and Hazel Road as Minimum Maintenance Roads. N. It was recommended to approve the plans and specifications for Contract 08-10 (Patrick Eagan Park - Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 10, 2008. 0. Item removed from agenda. P. It was recommended to approve an amendment to the Development Agreement providing for the extension of contract completion dates for Marsh Cove (City Project No. 07-0). Q. It was recommended to approve the resolution approving the terms of a revolving internal loan in 08-30 connection with TIF District No. 2-5 (Blue Gentian Redevelopment). R. It was recommended to authorize the initiation of the rezoning process for the single family detached areas in the Woodlands North and Southern Hills Planned Developments. S. It was recommended to approve a resolution providing for the issuance and sale of General Obligation 08-31 State-Aid Bonds, Series 2008A. Public Works Director Colbert discussed the history of Wuthering Heights Road as a substandard gravel road which provides access to 12 properties. He noted that in order to minimize the City's liability exposure, it is necessary to either bring the road up to current City standards or designate it as a minimum maintenance road. Two residents of Wuthering Heights Road asked if the City could assist in the maintenance of the road at least on a minimal basis. Council directed the Public Works Department to meet with the residents to discuss a plan for maintaining the road. M. Motion was made by Fields, seconded by Tilley to approve Wuthering Heights Road and Hazel Road as 08-29 Minimum Maintenance Roads, authorize the installation of appropriate signage and authorize the Mayor and City Clerk to execute related resolutions. The Public Works Department was directed to work with the residents to devise a low maintenance plan and bring back to the Council at a future meeting. Aye: 5 Nay: 0 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced Matt Mayer of Kern, DeWenter, Viere, Ltd. who made a presentation regarding the 2007 Comprehensive Annual Financial Report. Councilmember Tilley moved, Councilmember Fields seconded a motion to receive and accept the 2007 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS AMENDMENT TO THE 2008 FEE SCHEDULE IN REGARD TO ROOM RENTAL FEES AND SOLICITOR, PEDDLER, AND TRANSIENT MERCHANT LICENSE FEES City Administrator Hedges discussed an amendment to the 2008 Fee Schedule in regard to the fees and charges for groups reserving the Eagan Room and the Fire Department Training Room. He also discussed an amendment to the Fee Schedule which would add a $100 charge for Solicitor, Peddler and Transient Merchant Licenses. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes June 17, 2008 Page 3 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the 2009 fees and charges and establish priority for groups reserving the Eagan Room and Fire Department Training Room. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the addition of a $100 charge for Solicitor, Peddler and Transient Merchant Licenses. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND VARIANCE ST. ELIZABETH ORTHODOX MISSION City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment, rezoning and variance for St. Elizabeth Orthodox Mission to be located on Lot 1, Block 1, Century 2"d Addition. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to implement a Comprehensive Guide Plan Amendment changing the land use designation from RC, Retail Commercial, to QP, Quasi-Public for 0.60 acres located on Lot 1, Block 1, Century 2"d Addition in the SW 1/4 of Section 09. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt a Rezoning of 0.6 acres from NB, Neighborhood Business, to PF, Public Facility, to permit construction of a church on property legally described as Lot 1, Block 1, Century 2"d Addition in the /SW 1/4 of Section 09. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve variances for building setbacks, parking setbacks and the number of parking stalls for property located on property legally described as Lot 1, Block 1, Century 2"d Addition in the SW 1/4 of Section 09. Aye: 5 Nay: 0 OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT SELECT SENIOR LIVING OF EAGAN, LLC City Administrator Hedges noted that the applicant is continuing to work with Blue Cross Blue Shield in regard to this project. The 120 day agency action deadline has been waived. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration of a Comprehensive Guide Plan Amendment and Planned Development Amendment for Select Senior Living of Eagan, LLC until the July 15, 2008 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS There were no New Business items. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed a meeting that he and Mayor Maguire had with Congressman John Kline. The regular City Council meeting was recessed at 8:10 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:15 p.m. ADMINISTRATIVE AGENDA Eagan City Council Meeting Minutes June 17, 2008 Page 4 1. Appointments to Council Sub-Committees Councilmember Tilley moved, Mayor Maguire seconded a motion to appoint Councilmember Bakken as Acting Mayor and appoint the following Councilmembers to fill vacancies left by the Council resignation of Councilmember Carlson: Aye: 5 Nay: 0 Finance Committee - Councilmember Bakken Personnel Committee - Councilmember Fields Communications Committee - Councilmember Fields Advisory Commission Liaison to the APrC - Councilmember Tilley Eagan Conventions and Visitor's Bureau - Mayor Maguire Vice President of the Economic Development Authority - Councilmember Tilley 2. Settlement Agreement - Charter Commission Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Contingent Settlement Agreement between the City and the Eagan Charter Commission. Aye: 5 Nay: 0 3. Change Order No. 2 for Contract 07-06 Public Works Director Colbert discussed the need for Change Order No. 2 for Lebanon Hills Regional Park/ Long Acres storm sewer improvements. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Change Order No. 2 for Contract 07-06 (Lebanon Hills Regional Park/Long Acres - Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. The Council recessed to a Closed Session at 8:30 p.m. to discuss the termination of a purchase agreement between the City an Northwood Equity, LL. The Council reconvened at 8:45 p.m. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Resolution authorizing termination of a purchase agreement between the City and Northwood Equity, LLC. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:50 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). Eagan City Council Meeting Minutes June 17, 2008 Page 5 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.