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12/19/2006 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 19, 2006 A listening session was not held. A regular meeting of the Eagan City Council was held on December 19, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, Assistant City Engineer John Gorder; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Geagan was recognized for his four years of service as Mayor of the City of Eagan. CONSENT AGENDA Item E was pulled for discussion. Councilmember Tilley moved, Councilmember Carlson 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 December 4, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Bridget Faney and William Bigelow as part-time fitness attendants at the Community Center. 2. It was recommended to accept the letter of resignation from Evan Marshall, Crime Analyst in the Police Department, and authorize advertisement for replacement of this position. 3. It was recommended to approve the engagement of services to be provided by Twin Cities Occupational Health as the City?s occupational health services provider for 2007 and 2008 contingent upon City Attorney and City Administrator?s review. 4. It was recommended to ratify the Clerical Teamsters Bargaining Unit Contract for 2007. 5. It was recommended to approve the Memorandum of Agreement between the City of Eagan and the Dispatchers regarding Dispatchers? severance pay. 6. It was recommended to approve a 3.5% annual wage adjustment to the 2007 non-union Compensation Plan for all regular non-collective bargaining employees, effective the full payroll closest to January 1, 2007. The July 2005 to July 2006 Consumer Price Index ? Urban Wage Earners and Clerical Workers is 3.5% and Eagan?s approved union settlements in place for 2007 are at the 3.5% level. Increases for comparable cities range between 3 and 3.5 per cent depending upon unique circumstances in the individual cities. 7. It was recommended to approve a 3.5% adjustment to the Directors? car allowances. 8. It was recommended to approve the 2007 City Administrator compensation as follows: ? Increase compensation per salary cap legislation ? Provide an additional vacation accrual of 45.17 hours and authorize the City Administrator to exceed the vacation accrual cap by up to that amount. ? Continue to provide a car allowance at the 2006 rate. 9. It was recommended to approve the amendment and restatement of the City?s Cafeteria plan to provide for the reimbursement of medical and employment-related dependent care expenses and 06-51 to provide medical insurance coverage and direct compensation and to authorize the Mayor and City Clerk to execute the Plan on behalf of the City. Eagan City Council Meeting Minutes December 19, 2006 Page 2 10. It was recommended to approve the Retirement Enhancement and Benefit Alternatives Voluntary Employees? Beneficiary Association Basic Plan Adoption Agreement for the City of Eagan. C. Check Registers. It was recommended to ratify the check registers dated December 7, 2006 and December 14, 2006 as presented. D. 2007 Public Utilities Enterprise Fund Budget. It was recommended to approve the proposed 2007 budgets for the Public Utilities Enterprise Fund (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality) and the Community Center Fund. Pulled for Discussion E. . 2007 Special Revenue Funds Budgets. F. 2007 BETC/BECT Budgets. It was recommended to approve the 2007 Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television Budgets. G. Authorized Check Signers. It was recommended to approve a resolution naming the authorized signers 06-51A on the Anchor Bank accounts. H. Joint Powers Agreement. It was recommended to approve the Eagan PSAP Joint Powers Agreement with the DCC. I. Joint Powers Agreement. It was recommended to approve the Joint Powers Agreement with the Retirement Enhancement and Benefits Alternatives Trust III (REBA III). J. Tobacco Licenses. It was recommended to approve the 2007 Tobacco License Renewals as listed in the packet material. K. Trash Hauler Licenses. It was recommended to approve the 2007 Trash Hauler License Renewals as listed in the packet material. L. 2007 Tree Contractor Licenses. It was recommended to approve the 2007 Tree Contractor License Renewals as listed in the packet material. M. Business Assistance Policy. It was recommended to approve the updated Business Assistance Policy and related Public Financing Policies. N. 2007 Consulting Engineering Rates. It was recommended to approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2007. O. Encroachment and Maintenance Agreement. It was recommended to approve Encroachment and Maintenance Agreements for landscaping, mailbox shelters and storm drainage outlets with Toll MN, L.P. and Steeplechase of Eagan Condominium Association, Inc., and authorize the Mayor and City Clerk to execute all related documents. P. Project 778. It was recommended to approve a modified Cooperative Construction Municipal Agreement for Project 778 (Trunk Highway 149 ? Street Upgrade and Trail Improvements)_ with the Minnesota Department of Transportation (MnDOT) and the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. Q. Project 950. It was recommended to receive the draft feasibility report for Project 950 (Opperman Drive & TH 149-Intersection Reconfiguration and Access Improvements) and schedule a public hearing to be held on January 16, 2007. R. Contract 06-01. It was recommended to approve an Agency Agreement for Federal Participation in Advance Construction for Contract 06-01 (Trunk Highway 149-Street Upgrade and Trail Improvements) with the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. S. Project 918. It was recommended to approve a Traffic Control Signal Agreement for Project 918 (Pilot Knob Road and Lone Oak Road ? Street and Traffic Signal Improvements) for the signal at Pilot Knob Road / Central Parkway and Northwood Parkway with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. T. Project 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade ? Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-87000-011-00 and authorize the Mayor and City Clerk to execute all related documents. U. Removed V. Removed th W. Final Subdivision. It was recommended to approve a Final Subdivision (Town Centre 100 20 Addition) to create two lots upon 4.8 acres located at 1274 Town Centre Drive and 3420 Denmark Avenue in the NW ¼ of Section 15. X. Donation. It was recommended to approve a resolution accepting a $1,525.12 donation from the Eagan 06-52 Firefighters Relief Association ? Fire Department. Eagan City Council Meeting Minutes December 19, 2006 Page 3 Y. Agreement. It was recommended to approve an agreement with the City of Eden Prairie to extend Web site services support to the City of Eagan. Z. Removed. AA. Contract. It was recommended to approve the renewal of a one year contract with Lifeworks Services Inc. for the provision of limited janitorial services in designated park buildings, and authorize the Mayor and City Clerk to execute the appropriate documents. BB. Rezoning. It was recommended to direct staff to initiate a Rezoning of the property legally described as Lot 9, Block 1, Letendre Addition No. 3, located at 3206 Sibley Memorial Highway in the SW ¼ of Section 9. CC. Extension for Recording Subdivision. It was recommended to approve a 60-day extension of time to record the Final Subdivision for Lo Nidy located at the southwest intersection of Yankee Doodle Road and Highway 149 in the NW ¼ of Section 13. DD. Donation. It was recommended to accept a donation of personal property located at the Eagan Art House (other than business, financial, confidential or operational documents) from the Dakota Center for the Arts, dba The Eagan Art House. Pulled for Discussion EE. . 2007 Special Revenue Funds Budgets. It was recommended to approve the 2006 budgets for the following Special Revenue Funds: Enhanced 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI Forfeiture Fund, Cable TV Franchise Fees Fund. Chief McDonald discussed the Police Forfeiture Fund. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the 2006 budgets for the following Special Revenue Funds: Enhanced 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI Forfeiture Fund, Cable TV Franchise Fees Fund. Aye: 5 Nay: 0 PUBLIC HEARINGS 2006 (PAYABLE 2007) PROPERTY TAX LEVY City Administrator Hedges provided an overview of the proposed property tax levy. He noted that a Truth-in- Taxation public hearing and presentation was held on December 4. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. 06-53 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the proposed 2006 (payable 2007) property tax levy as follows: Aye: 5 Nay: 0 General Revenue: General Fund $ 19,067,200 Equipment Revolving Fund 905,440 Gen Facilities R/R Fund 134,010 Major Street Fund 1,247,812 MVHC/DCC Capital 950,100 Subtotal General Revenue 22,304,562 Debt service: Community Center bonds 1,198,523 Total City-wide Levy $ 23,503,085 Cedarvale Special Services Dist. $ 3,000 Eagan City Council Meeting Minutes December 19, 2006 Page 4 PROPOSED 2007 GENERAL FUND BUDGET City Administrator Hedges gave an overview of the proposed 2007 General Fund Budget, stating that a Truth-in- Taxation public hearing had been held on December 4. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the proposed 2007 General Fund budget . Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve 2007 expenditures in the total amount of $134,900 appropriated from the General Fund fund balance for: Aye: 5 Nay: 0 Police CJIIN Project $ 45,600 o CJIIN IT Needs Assessment 34,500 o DCC dispatch start-up costs 54,800 o $ 134,900 PROPOSED 2007 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET City Administrator Hedges provided an overview of the proposed 2007 Cedarvale Special Services District Fund Budget. He stated that a Truth-in-Taxation public hearing had been held on December 4. Mayor Geagan 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 Maguire seconded a motion to approve the proposed 2007 Cedarvale Special Services District Fund budget. Aye: 5 Nay: 0 PROJECT 946 THOMAS CENTER DRIVE ? STREET IMPROVEMENTS THOMAS LAKE ROAD ? TRAIL IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Thomas Center Drive and trail improvements for Thomas Lake Road. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve Project 946 (Thomas Center Drive ? Street Improvements / Thomas Lake Road Trail Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 948, WESTBURY ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements in Westbury Addition. Assistant City Engineer Gorder gave a staff report. Mayor Geagan 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 Fields seconded a motion to approve Project 948 (Westbury Addition Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 949, LEXINGTON SQUARE ADDITION STREET IMPROVEMENTS Eagan City Council Meeting Minutes December 19, 2006 Page 5 City Administrator Hedges introduced this item regarding street improvements for Lexington Square Addition. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing. Herb Pauls questioned why residents are being assessed for this project. Councilmembers and staff explained the assessment policy. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 949 (Lexington Square Addition Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS 2007 FEE SCHEDULE City Administrator Hedges discussed the proposed 2007 Fee Schedule which covers all departments. He noted that Councilmember Fields had questioned the fee for disc golf and the adult league protest / appeal fee. Due to the absence of the Parks and Recreation Director, it was agreed to continued consideration of the fees for these two items pending further explanation. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution approving the 2007 06-53 Fee Schedule establishing fees for various City services, supplies and materials, excluding the disc golf fee and the adult league protest/appeal fee. Aye: 5 Nay: 0 YANKEE DOODLE ROAD CORRIDOR / ACCESS MANAGEMENT STUDY PREFERRED ALTERNATIVES City Administrator Hedges introduced this item regarding the County?s access management study for the Yankee Doodle Road corridor. Public Works Director Colbert gave background information. Frank Loetterle, SRF Consulting Group, made a presentation regarding the study group?s preferred alterative for each segment of the corridor. Councilmembers discussed the preferred alternative for each of the three segments in considerable detail. During the discussion of the West segment, they expressed some concern and reservations regarding the lack of a second full access intersection between Denmark and Lexington and the impact it would have on Denmark Avenue. They encouraged Blue Cross Blue Shield to work with the staff on an acceptable alignment for a public street connecting Yankee Doodle Road and Town Centre Drive to allow a full access signal at the Blue Cross entrance. Roger Klepe, representing Blue Cross introduced Will Thompson, a private transportation engineer, who questioned the study?s traffic projections with their own recent analysis and discussed the proposed plans. Clint Rashine, owner of Culvers Restaurant, expressed concern over the impact that alternative 2 for the west segment would have on his business. Brian Howard, Faithful Shepherd School, presented a letter stating the school?s position on the proposed project. He expressed concern over the impact that any of the alternatives would have on the school?s internal circulation and their ability to expand their building and parking lot in the future. He requested more time to work with staff. Eagan City Council Meeting Minutes December 19, 2006 Page 6 While the Council agreed that there did not appear to be any practical alternatives to closing the median at Discovery Drive, time should be allowed for staff to work with Faithful Shepherd on alternatives to the alignment of the proposed service road connection to Columbia. David Kutoff, Gopher Resources, expressed objection over the preferred alternatives being presented which would ultimately close the median on Yankee Doodle Rd. at the Gopher Resources and proposed Lo Nidy development?s main entrances which would lock in their property to right turns only. He requested consideration of connecting the Gopher Resources property to the proposed Borchert Lane extension and its access to TH 149. Harry Gallager, attorney for Thomson West supported the preferred alternative and its proposal for their future private drive connection to Elrene Road as discussed. He stated that Thomson would not consider a public street or a private easement over a portion of their private drive to provide access to Gopher Resources? Lo Nidy property. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of the identified preferred alternatives for each of three segments for inclusion in the final draft of the Yankee Doodle Road (CSAH 28) Corridor Study and Access Management Guide to the January 16, 2007 Council meeting. Aye: 5 Nay: 0 VACATION OF DRAINAGE AND UTILITY EASEMENTS LOTS 1 & 2, BLOCK 1, SILICON GRAPHICS ADDITION AND FINAL SUBDIVISION (WATERS ANNEX), CSM EQUITIES, LLLC City Administrator Hedges introduced this item regarding the vacation of drainage and utility easements in Silicon Graphics Addition and the Final Subdivision of Waters Annex, to create one lot and three outlots upon approximately 42 acres. Public Works Director Colbert gave a staff report regarding the easement vacation and City Planner Ridley addressed the final subdivision. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Vacation of public drainage and utility easements within Lots 1 and 2, Block 1, Silicon Graphics Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Subdivision (Waters Annex to create one lot and three outlots upon approximately 42 acres located in the SW ¼ of Section 1. Aye: 5 Nay: 0 FINAL PLANNED DEVELOPMENT ? LOT 1, BLOCK 1, WATERS ANNEX City Administrator Hedges introduced this item regarding a Final Planned Development to construct a 54,880 square foot building located on Lot 1, Block 1, Waters Annex. City Planner Ridley gave a staff report. Councilmember moved, Councilmember seconded a motion to approve a Final Planned Development to construct a 54,80 square foot building located on Lot 1, Block 1, Waters Annex, in the SW ¼ of Section 1. Aye: 5 Nay: 0 CAPONI ART PARK AND LEARNING CENTER TUNNEL FENCE REMOVAL City Administrator Hedges introduced this item regarding the removal of the fence from the Diffley Road pedestrian tunnel and enclosure of the tunnel within the fences of the Caponi Art Park and Learning Center. After discussion, it was agreed that this item be continued to allow the Caponi Art Park Board time to review the plan. Councilmember Fields moved, Councilmember Maguire seconded a motion to continue consideration of the removal of the fence from the Diffley Road pedestrian tunnel and enclosure of the tunnel within the fences of the Caponi Art Park and Learning Center until the January 16, 2007 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 19, 2006 Page 7 NEW BUSINESS There was no new business. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no update. The Council recessed at 10:05 p.m. to immediately convene a meeting of the Economic Development Authority. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD Richard Skinn requested the Council reconsider his request for a conditional use permit for outdoor storage, for property located at 4890 Biscayne Avenue. This item had been continued pending the application for an Interim Use Permit at the December 4, 2006 Council meeting. Council directed staff to re-notice and bring this item back for reconsideration at the January 16, 2007 Council meeting. Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 10:20 p.m. _______________________________ ___________________________________ Date Administrative Secretary / Deputy City Clerk 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.