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09/12/2005 - City Council Special MINUTES SPECIAL CITY COUNCIL MEETING SEPTEMBER 12, 2005 5:30 P.M. EAGAN ROOM ? EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Communications Garrison, Community Development Director Hohenstein, City Planner Ridley, Human Resources Manager Peterson, Director of Administrative Services VanOverbeke, Deputy Police Chief McDonald, Fire Chief Kriha, Battalion Chief DiIoia, Co- Chair of the Fire Department Full Time Fire Chief Committee Bjornson, Administrative Intern Walz, and City Attorney Dougherty. I. ROLL CALL AND AGENDA ADOPTION Councilmember Tilley moved; Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 3; Nay: 0 (Councilmembers Fields and Carlson were not present for the vote) II. VISITORS TO BE HEARD There were no visitors to be heard. Councilmember Carlson arrived at 5:35 p.m. III. COMMITTEE UPDATE ON FULL TIME FIRE CHIEF POSITION DESCRIPTION AND CONVERSION OF BYLAWS TO STANDARD OPERATING PROCEDURES City Administrator Hedges introduced the item noting that there were two parts of the item for consideration. The first item to be considered was the conversion of the Fire Department Bylaws to Standard Operating Procedures. Hedges noted that the League of Minnesota Cities Insurance Trust recently held a symposium for Fire Departments across the State, at which they stated that a Fire Department currently operating under Bylaws must modify their organizational structure, policies and procedures in order that they are transitioning from their own organizational entities to City departments. Hedges added that the League strongly encourages cities to abolish Fire Department Bylaws and, rather, adopt Standard Operating Procedures (SOP) in order that the Fire Department operates in a manner consistent with other city departments. Hedges also noted that the Executive Board of the Fire Department has been briefed regarding the League?s recommendation and acknowledges the need to change from Bylaws to SOP. The City Council discussed the conversion of the Bylaws to the SOP. Firefighter Dirk Bjornson addressed the City Council noting that the Executive Board would work with the Human Resources Manager to ensure that the revisions to the SOP match City policies. Per the recommendation of Chief Kriha and Firefighter Bjornson, the City Council directed the Committee of the Fire Department that will review the SOP to meet monthly in order to get a recommendation to the City Council on the revisions to the SOP within 6 to 12 months. The Council also directed that the revised SOP first be reviewed by the City Attorney before being presented to the Council. City Administrator Hedges introduced the next item regarding the full time Fire Chief position description. Hedges noted that the Full Time Fire Chief Committee, which is made up of a cross section of the Eagan Fire Department, has been meeting for the past 2 to 3 years to discuss the merits of having a full time Fire Chief. Hedges noted that the Committee has completed their work and, thus, is prepared to present their recommendation for a full time Fire Chief to the City Council. Hedges added that the full time Fire Chief position was included in the proposed 2006 General Fund Operating Budget, which was preliminarily approved at the September 6, 2005 City Council meeting. Mayor Geagan thanked the Committee from the Fire Department for their work in preparing the position description regarding a full time Fire Chief. Firefighter Bjornson commented on the need for a full time Fire Chief given the growth in the scope of the position. Fire Chief Kriha also commented that Eagan?s Fire Department is one of the largest in the State and the time has come for a full time Fire Chief. The City Council discussed the position description for the full time Fire Chief, noting that an experienced manager will be needed to oversee the Fire Department. The Council also asked that the position description include reference that the Fire Chief should be responsible for identifying outside sources of funding. Councilmember Fields arrived at 6:00 p.m. Upon discussing the full time Fire Chief position description, the City Council voiced their consensus that they support the hiring of a full time Fire Chief. Mayor Geagan asked the Fire Department to come up with what they see as the top five to ten issues facing the Fire Department in the coming years. The City Council directed staff to modify the position description based on the input of the City Council at the workshop, and get the position description back to the City Council in October. Councilmember Carlson moved, Councilmember Tilley seconded a motion to acknowledge the conversion of the Fire Department Bylaws to Standard Operating Procedures, and to approve the process of replacing the Bylaws with Standard Operating Procedures, including review and recommendations by the Fire Department appointed committee and Human Resources Manager. Aye: 5; Nay: 0 IV. COMPREHENSIVE GUIDE PLAN?PARK DESIGNATION OPTIONS City Administrator Hedges introduced the item noting that the City Council, City Attorney and the LMCIT Attorney have discussed the possibility of amending the city code to provide additional permitted uses in the park zoning district. Community Development Director Hohenstein summarized the discussion on the issue thus far. It was noted that City Attorney Dougherty was in the audience. The City Council discussed possible additional permitted uses within the park zoning district. A question was raised regarding whether privately owned recreational uses would be allowed within the zoning district. There was City Council consensus that additional guidelines would be needed with regard to the specific uses within the park zoning district, beyond the conditional use requirements. V. IN HOME MASSAGE THERAPY LICENSING City Administrator Hedges introduced the item noting that at the June 7, 2005 Listening Session, Rebecca Guthrie, massage therapist teacher, requested the Council consider allowing massage therapists to conduct business out of their homes. At that time, Council directed staff to place the item on a future workshop agenda. Director of Administrative Services VanOverbeke and Deputy Police Chief McDonald provided an overview of the research that has been gathered on this issue, including elements of ordinances of surrounding cities that allow in home massage therapy licensing. VanOverbeke noted that a representative of Bryman Institute was in attendance at tonight?s meeting. The City Council discussed the proposal of in home massage therapy licensing. It was noted that currently the City?s Police Department has not had any legal issues with regard to the licensed establishments; however, there a concern was voiced regarding the authority of the Police Department with regard to doing inspections of in home massage therapy sites. Upon further discussion, there was City Council consensus that licensed massage therapists would be allowed to provide in home massage therapy services provided that the therapist is licensed through an Eagan licensed massage establishment. The Council also agreed that students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program or study shall be allowed to perform massage services, provided that the students are identified to the public as students of massage therapy and are under supervision of an instructor. VanOverbeke noted that the ordinance amendment would be included on an upcoming regular City Council agenda for formal consideration. VI. HOUSING IMPROVEMENT DISTRICT City Administrator Hedges introduced the item noting that the City Council was approached by the Cedar Bluffs Homeowners Association at a Listening Session regarding the possibility of the City considering the establishment of a housing assistance district/area that would permit the association to perform improvements of private common property of the homeowners association and finance it through City sponsored borrowing. Hedges also noted that such districts are permitted under Minnesota Statutes and, while they are unique from special assessments, function in a similar manner, with the repayment of the cost of the financed improvements being paid as a part of the property taxes for the units within the association. Community Development Director Hohenstein and Administrative Intern Walz summarized the discussions that have taken place thus far between the City, the Community Development Agency, and the Cedar Bluffs Homeowners Association. Hohenstein acknowledged a representative of the Cedar Bluffs Homeowners Association in the audience. Hohenstein also noted that per the direction of the City Council on August 16, 2005, staff prepared a draft policy for Council consideration. Hohenstein summarized the proposed policy, and noted that the City of Eagan?s draft policy requires a petition from a minimum of 50 percent of the property owners, while that the statute only requires a petition from 25 percent. Hohenstein went on to note that the City and CDA staff believe that the higher requirement would be appropriate to ensure that there is a strong support for the use of the tool by a majority of affected property owners. Hohenstein added that additionally, the statute permits the establishment of a district to be stopped by submission of a petition by 35 percent of the affected property owners. Hohenstein also noted that should the City Council pass the draft policy, it does not bind the Council?s actions. The City Council discussed the housing improvement district proposed policy. The City Council in particular discussed the use of financing for improvements to common areas. Council directed staff to amend the draft policy to clarify the Council?s authority to approve or not approve specific aspects of applications and place the item on an upcoming City Council agenda. VII. 2006-2010 PART II CIP (VEHICLES AND EQUIPMENT) City Administrator Hedges introduced the item noting that the first year of the proposed CIP (2006) is considered as a budget with the four out years (2007-2010) being presented only as a general plan. It was noted that for the most part, vehicles and equipment costing more than $10,000 are budgeted in this section of the CIP, with items costing less than $10,000 budgeted in departmental operating budgets. City Administrator Hedges added that in 1993, the City Council established a policy whereby each year an amount is allocated to the Equipment Revolving Fund (ERF) for Non-Enterprise Funds CIP Part II purchases. Hedges noted that the allocation is based on the initial amount of $500,000 used in 1993, which is increased annually by population growth and inflation factors. Hedges added that the 2006 allocation was increased by 3.5 percent from the 2005 allocation to $932,921. Hedges noted that an amount of $379,174 is being carried forward from 2005, thus generating a total available balance of $1,312,095 for 2006 purchases. Hedges added that the ERF is funded through an annual ad valorem property tax levy. The City Council discussed the Part II CIP proposal, including why the City reviews the General Fund and CIP at different times. Hedges noted that the CIP has a different funding source than the General Fund Operating Budgets. Councilmember Maguire requested a summary of surpluses across all City budgets in order to compare those surpluses at one time. There was City Council consensus to schedule the CIP for formal Council consideration at an upcoming regular City Council meeting. VIII. OTHER BUSINESS Dirk Bjornson, Co-Chair of the Full-Time Fire Chief Committee, approached the City Council to request clarification on their earlier motion in reference to the Fire Department Bylaws. City Administrator Hedges noted that the advice from the LMCIT was to revoke the Bylaws and convert them to SOP. The City Council discussed Mr. Bjornson?s request. Upon further discussion, Councilmember Carlson moved, Councilmember Fields seconded a motion to revoke the Fire Department Bylaws and convert them to Standard Operating Procedures. Aye: 5; Nay: 0 IX. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn at 7:15 p.m. Aye: 5; Nay: 0