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12/06/2004 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 6, 2004 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on December 6, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Assistant City Engineer John Gorder, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that an additional item would be included on the Consent Agenda regarding setting the dates for two Council workshops. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Items B, K, L, N, and 0 were pulled from the Consent Agenda for discussion. Item P regarding the continuation of Cedarstone Development and the McDonald rezoning was removed from the agenda per the request of the applicant. Councilmember moved, Councilmember seconded a motion to approve the Consent Agenda as amended. Nay: 0 Aye: 5 A. Minutes. It was recommended to approve the minutes of the November 16,2004 regular City Council meeting as presented. B. Personnel Items. Pulled for Discussion 1. It was recommended to approve the hiring of Sherri Nichols as a part-time Clerical Technician III in the Community Development Department. 2. It was recommended to approve the hiring of Katherine Marsland and Tracey Roesler as part-time Fitness Instructors at the Community Center. 3. It was recommended to approve the hiring of John Mackovets as a part-time Fitness Attendant at the Community Center. 4. It was recommended to accept the resignation of Woodrow Kocurek, Mechanic in Central Services Maintenance. 5. It was recommended to approve the promotion of Captain Jim McDonald to Deputy Chief of Police. 6. It was recommended to approve the promotions of sergeants Greg Johnson and Jeff Johnson to the position of Lieutenant in the Police Department. C. Check Registers. It was recommended to ratifY the check registers dated November 18, 2004, November 25 and December 2, 2004 as presented. D. 2005 Tree Contractor License Renewals. It was recommended to approve the renewals of existing tree contractor licenses for 2005, subject to review of applications and payment of fees. E. 2005 Tobacco License Renewals. It was recommended to approve the renewals of existing tobacco licenses for 2005, subject to review of applications and payment of fees. F. 2005 Pet Shop and Kennel License Renewals. It was recommended to approve the renewals of existing pet shop and kennel licenses for 2005, subject to review of applications and payment of fees. G. 2005 Trash Hauler License Renewals. It was recommended to approve the renewals of existing trash hauler licenses for 2005, subject to review of applications and payment of fees. H. Premise Permit Renewal. It was recommended to adopt resolutions approving a premises permit renewal for Mendota Heights Athletic Association to conduct a pull tab operation at La Fonda Restaurant and Valley Lounge. 04-81 04-82 Eagan City Council Meeting Minutes December 6, 2004 Page 2 I. 2005 Funding Application. It was recommended to approve the submission of the 2005 Funding application from Dakota County to operate a Recycling Program for the Cities of Apple Valley, Eagan and Burnsville. J. Bids - Fire Apparatus. It was recommended to approve bids and authorize the sale of two used fire apparatus. K. Emergency Preparedness Network Agreement. Pulled for Discussion L. Summit Pass. Pulled for Discussion M. Engineering Consultant. It was recommended to approve the hiring of Encompass, Inc. as the engineering consultant to prepare plans and specifications for the pool repair work at Cascade Bay. N. 2006 Fee Structure for Community Center. Pulled for Discussion O. APC Public Hearing - Mailed Notices. Pulled for Discussion P. Special Council meetings. It was recommended to schedule special Council workshops for December I I, December 15, 2004 BS & 6. Promotions in Police Department. Chief of Police Therkelsen discussed the promotion of Captain Jim McDonald to Deputy Chief of Police and the promotions of Sergeants Greg Johnson and Jeff Johnson to the position of Lieutenant in the Police Department. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Personnel Items listed in the Consent Agenda. Aye: 5 Nay: 0 K. Emergencv Preparedness Network. Chief of Police Therkelsen discussed the proposed agreement with Flint Hills Resources allowing them to utilize the City's Emergency Preparedness Network. Jeff Wilkes representing Flint Hills Refinery discussed the benefits of Flint Hills being allowed to use the Emergency Preparedness Network. Steve Sandberg, representing the Community Advisory Council to Flint Hills also spoke, expressing appreciation to the City for entering into the agreement with Flint Hills. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve an agreement with Flint Hills Resources allowing them to utilize the City's Emergency Preparedness Network. Aye: 5 Nay: 0 L. Summit Pass Speed Limit. City Administrator Hedges briefly discussed the background in regard to the request by Summit Pass neighborhood for a reduced speed limit and the resulting review by the Public Works Committee. Discussion was held regarding the use of this issue as a pilot project and the possibility of utilizing electronic (solar) speed limit monitoring devices. It was agreed to continue consideration of the Public Works Committee recommendation ofa 25 MPH speed limit posting for Summit Pass. Mayor Geagan moved, Councilmember Tilley seconded a motion to continue consideration of the Public Works Committee recommendation to set a 25 MPH Speed Limit posting for Summit Pass. Aye: 5 Nay: 0 N. 2006 Fee Structure for Community Center. Council briefly discussed the charge for the Oak Room at the Community Center. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the Eagan Community Center 2006 Fee Schedule as presented. Aye: 5 Nay: 0 O. APC Public Hearing regarding mailed notices. Discussion was held regarding review of the City Code relating to mailed notices. Councilmember Carlson moved, Council member Maguire seconded a motion to continue consideration of direction to the APC regarding review of the City Code in relation to mailed notices. Aye: 5 Nay: 0 PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2005 - TRUTH IN TAXA nON HEARING City Administrator Hedges made a presentation regarding the proposed budget and property tax levy for 2005. Eagan City Council Meeting Minutes December 6, 2004 Page 3 Mayor Geagan opened the public hearing for the 2005 Cedarvale Special Services District levy and budget considerations. There was no public comment. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and set the 2005 Cedarvale Special Services District levy and budget considerations for the December 13,2004 City Council meeting. Aye: 5 Nay: 0 Mayor Geagan opened the public hearing regarding the proposed budget and property tax levy for 2005. Six residents spoke expressing their concerns regarding the proposed percentage increase in their property taxes compared to the proposed general levy increase. Concern was also expressed in regard to the percentage of their personal wage increases compared to their property tax increases; the impact on residents with a fixed income; and, use of the State market value homestead credit aid should it be reinstated in 2005. Administrative Services Director VanOverbeke discussed the impact of the State's limited market value phase-out as it pertains to inflation in property values. Councilmembers discussed the use of the market value homestead credit should there be a reinstatement of those funds. Councilmember Carlson moved, Councilmember Tilley seconded a motion to close the public hearing and set the 2005 General Levy and General Fund budget considerations for the December 13,2004 City Council meeting. Aye: 5 Nay: 0 VARIANCE - ERIK CHRISTENSON City Administrator Hedges introduced this item regarding a request for a 5.2 foot variance to the minimum 30 foot structure setback from a public right-of-way for a garage and house addition on property located at 3637 Crestridge Court. City Planner Ridley gave a staff report. Erik Christenson discussed the proposed plans for his property. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a 5.2 foot variance to the minimum 30 foot structure setback from a public right-of-way for a garage and house addition on property located at 3637 Crestridge Court, legally described as Lot 2, Block 1, Buffer Hills, in the SW 1f4 of Section 15. Aye: 5 Nay: 0 PROJECT 912, WINDCREST / BIRCH PARK ADDITIONS / DEERWOOD DRIVE / DENMARK AVENUE STREET OVERLAY City Administrator Hedges introduced this item regarding the street overlay project for Windcrest / Birch Park Additions / Deerwood Drive and Denmark Avenue. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing. One resident inquired as to how four-plex townhomes are assessed. Public Works Director Colbert provided an explanation. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 912 (Windcrest / Birch Park Additions / Deerwood Drive / Denmark A venue - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 914, TRAILS OF THOMAS LAKE / THOMAS LAKE HEIGHTS ADDITIONS STREET OVERLAY City Administrator Hedges introduced this item regarding the street overlay project for Trails of Thomas Lake / Thomas Lake Heights Additions. Assistant City Engineer Gorder gave a staff report. Eagan City Council Meeting Minutes December 6, 2004 Page 4 There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, CounciImember Tilley seconded a motion to approve Project 914 (Trails of Thomas Lake / Thomas Lake Heights Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS There was no Old Business to be discussed. NEW BUSINESS There was no New Business to be discussed. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on Caponi property acquisition. ADMINISTRATIVE AGENDA Councilmember Carlson moved, Councilmember fields seconded a motion to add to the regular agenda on an on- going basis "New Runway Update". Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:00 p.m. Aye: 5 Nay: 0 fA -[ -cf 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.