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12/01/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 1, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Tilley, Bakken, Hansen and Fields. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, December 1, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken, Hansen and Fields. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, Community Development Director Jon Hohenstein, Director of Administrative Services Gene VanOverbeke, Chief Financial Officer Tom Pepper, Assistant to the City Administrator Dianne Miller, 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 There were no recognitions or presentations. CONSENT AGENDA City Administrator Hedges noted that an item would be added under Personnel Items. He also noted the deletion of a portion of item T. Councilmember Bakken asked that item D be pulled for separate discussion and action. Councilmember Fields 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 17, 2009 regular City Council meeting and the November 10, 2009 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Michael Hemmingson as a part-time seasonal program assistant/winter recreation leader. 2. It was recommended to accept the resignation (retirement) of Cathy Gray from the Police Department. C. It was recommended to ratify check registers dated November 12, 2009 and November 19, 2009 and November 25, 2009 as presented. D. PULLED FOR SEPARATE ACTION. E. It was recommended to approve the renewal of a contract with Heart Healthy Living, P.A. to provide cardiac rehabilitation maintenance program services at the Eagan Community Center during 2010 and direct the Mayor and City Clerk to sign the agreement document. F. It was recommended to approve a resolution authorizing the Chief of Police to execute grant contracts (for traffic enforcement purposes) with the State of Minnesota. G. It was recommended to approve a change in management on the on-sale liquor license for Applebee’s Neighborhood Grill & Bar located at 1335 Town Centre Drive. H. It was recommended to approve a change in management on the off-sale 3.2% malt liquor (beer) license for SuperAmerica #4335 located at 1379 Town Centre Drive. I. It was recommended to approve the renewals of existing liquor licenses for 2010. J. It was recommended to direct the City Clerk to issue 2010 liquor license renewals upon licensees’ submission of renewal documents and fees. K. It was recommended to approve renewal of existing tobacco licenses for 2010. City Council Minutes December 1, 2009 Page 2 L. It was recommended to direct the Deputy Clerk to issue 2010 tobacco license renewals upon licensee’s submission of renewal documents and fees. M. It was recommended to approve renewal of existing tree contractor licenses for 2010. N. It was recommended to direct the Deputy Clerk to issue 2010 tree contractor license renewals upon licensee’s submission of renewal documents and fees. O. It was recommended to approve renewals of existing trash hauler licenses for 2010. P. It was recommended to direct the Deputy Clerk to issue 2010 trash license renewals upon licensee’s submission of renewal documents and fees. Q. It was recommended to approve renewal of existing kennel and pet shop licenses for 2010. R. It was recommended to direct the Deputy Clerk to issue 2010 kennel license and pet shop license renewals upon licensee’s submission of renewal documents and fees. S. It was recommended to receive the Draft Feasibility Report for Project 1018, (Greensboro Additions – Street Improvements) and schedule a public hearing to be held on January 5, 2010. T. It was recommended to receive a Feasibility Report for Project 1022, Overhill Farm – Street Improvements and schedule a public hearing to be held on January 5, 2010. U. It was recommended to receive the Draft Feasibility Report for Project 1026, (Northview Meadows Addition – Street Improvements) and schedule a public hearing to be held on January 5, 2010. V. It was recommended to receive the Draft Feasibility Report for Project 1027, (Patrick Road – Street Improvements) and schedule a public hearing to be held on January 5, 2010. W. It was recommended to authorize an amendment to reallocate a portion of unused Community Development Block Grant (CDBG) program funds. X. It was recommended to authorize program budget for inclusion in the City’s FY 2010 Community Development Block Grant (CDBG) Application and Adopt Resolution approving funding application request. Y. It was recommended to approve a resolution to allocate SAC units from demolitions in the Cedar Grove Area to new development projects in the redevelopment district. Mayor Maguire discussed the background of the purchase agreement for the Rahn property which is slated as the future site of the Fire Safety Center. Richard Gabriel, Attorney for the Rahn Family Partnership, addressed the delay in the execution of a purchase agreement. He asked that Council refrain from eminent domain pending the sale of the larger portion of the Rahn property to a designated developer. Mayor Maguire indicated that the authorization of eminent domain proceedings would not preclude any negotiations in acquiring the executed purchase agreement. D. Councilmember Fields moved, Councilmember Bakken seconded a motion to authorize the City Attorney to initiate eminent domain proceedings to acquire property for the Fire Safety Center and right-of-way, drainage and utility easements for the extension of Duckwood Drive and Station Trail. Aye: 5 Nay: 0 PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2010 City Administrator Hedges made a presentation regarding the proposed budget and property tax levy for 2010. Mayor Maguire opened the public hearing. City Council Minutes December 1, 2009 Page 3 Mike Flynn and Dr. Larry Spicer commented that they believe the percentage increase reflected on the Proposed Property Tax statements is understated because it does not take into account the decline in property value. Rich Clark asked about the State market value credit program. Patrick Dolney, asked if the City had participated in the approval of the MVTA Park and Ride building. Staff and Council addressed the questions and comments. There being no further public comment, Mayor Maguire turned discussion to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and set the 2010 general levy and General Fund Budget considerations for the December 15 City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and set the 2010 Cedarvale Special Services District (SSD) levy and budget considerations for the December 15 City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS RECEIVE BIDS AND AWARD SALE OF $8,500,000 GENERAL OBLIGATION RECREATIONAL FACILITIES REFUNDING BONDS, SERIES 2009B, AND ENGAGE SPRINGSTED, INC. TO PERFORM CONTINUING DISCLOSURE REPORTING AND ARBITRAGE REBATE CALCULATION REQUIREMENTS FOR SUCH BONDS. City Administrator Hedges introduced this item regarding the sale of general obligation recreational facilities refunding bonds. Dave McGilvary, Springsted, discussed the received bids and the proposed sale of the refunding bonds. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the resolution awarding the sale of $8,500,000 General Obligation Recreational Facilities Refunding Bonds, Series 2009B; to authorize execution of an escrow agreement placing most of the bond proceeds in an escrow account to refund the existing bonds when they become callable; and to engage Springsted, Inc. to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the above bonds. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT – WAGGING TAILS PET RESORT City Administrator Hedges introduced this item regarding a conditional use permit to allow a full service animal care facility with overnight boarding and outdoor runs to be located at 3275 Sun Drive. City Planner Ridley gave a staff report. The applicant discussed plans for the proposed kennel. Five citizens representing three area businesses expressed their concern over the potential noise generated by the kennel, the change in the character of the industrial park, and the potential devaluation of their property. Staff addressed the questions of the citizens. City Council Minutes December 1, 2009 Page 4 Councilmember Bakken stated the concerns of the neighbors pertain to perception which is difficult to quantify. He stated he supports noise mitigation efforts, however, the site is properly zoned for the use. Mayor Maguire commented that this is a land use issue within an industrial park and certain expectations of use come with property zoned for industrial uses. The Mayor and Council held a lengthy and detailed discussion with staff and the applicant regarding noise attenuation measures and specific conditions of approval for the proposed kennel. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a full service animal care facility with overnight boarding and outdoor runs located at 3275 nd Sun Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park 2 Addition, subject to the following conditions : Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The total number of animals, both daycare and boarded dogs, in the facility at one time shall not exceed 95 and no more than 40 dogs shall be outside at any time between 8 a.m. – 5:00 p.m. Monday through Friday except holidays. No dogs will be allowed in the outside fenced area between noon and 1:00 p.m. Monday through Friday, except for holidays. 3. Staff hours of operation for boarded animals shall be 6:00 a.m. and 9:00 p.m. every day. 4. Customer service hours shall be 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturday and Sunday. 5. Inspection by the Animal Control Officer shall occur prior to opening. 6. The applicant shall maintain a current kennel license. 7. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8. All signage is subject to City Code requirements. 9. The perimeter of the outdoor play area shall be secured with a six-foot privacy fence per the Site Plan received November 2, 2009. The landscape buffer along the outside perimeter of the fence shall be enhanced and installed by May 1, 2010. 10. The applicant shall install a canopy to cover at least 20% of the outdoor play area, with the capability of full coverage of the area. The canopy shall be designed and installed to reflect noise back toward the building. The canopy shall be installed by May 1, 2010. If the City Animal Control Officer determines that there is excessive noise generated from the outdoor plan area, the City Council shall determine whether noise absorbing sound panels need to be installed by the applicant. The failure of the applicant to install the panels, if so required by the Council, shall be cause for revocation of the Conditional Use Permit. 11. The designated bathroom area for the animals shall be cleaned daily. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Kennel License for Wagging Tails, Inc. located at 3275 Sun Drive. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE The regular City Council meeting was recessed at 11:15 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 11:20 p.m. ADMINISTRATIVE AGENDA There were no items requiring action. City Council Minutes December 1, 2009 Page 5 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember moved, Councilmember seconded a motion to adjourn the meeting at 11:25 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk