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10/17/2006 - City Council Regular (2) MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 17, 2006 A Listening Session was held January 17,2006 at 6:00 p.m. prior to the regular City Council meeting. Mayor Geagan and Councilmembers Tilley, Maguire, Carlson and Fields were present. Several residents were present representing the Eagle Crest Drive neighborhood. Brenda Zirbel, speaking for the group, requested Council consider an ordinance amendment in regard to parking on residential streets. She explained that due to a neighbor's car that gets parked in various locations on the street, problems occur when snowplows come through. The issue was referred to the Public Works Committee for review. A regular meeting of the Eagan City Council was held on January 17,2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmember Fields, Tilley, Maguire and Carlson. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Brian Howard, representing Faithful Shepherd School, acknowledged Councilmembers Carlson and Fields for all their support and involvement in the school's Fall fund raising event. CONSENT AGENDA City Administrator Hedges requested that consideration of a tree contractor license be added as Item V. Item U was briefly discussed and modified to include a fee schedule for 2006. Councilmember Tilley moved, Councilmember Maguire 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 January 3,2006 regular City Council meeting and the January 10, 2006 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of two police officers contingent upon successful completion of physical, drug and psychological testing. 2. It was recommended to approve the promotion of Officer Jenni Ruby to Sergeant. 3. It was recommended to approve the hiring of Dawn Peterson as a part-time guest services representative at the Community Center. C. Check Registers. It was recommended to ratify the check registers dated January 5, 2006 and January 12, 2006 as presented. D. 2005 General Fund Budget Adjustments. It was recommended to approve the 2005 General Fund Budget adjustments related to the baseline noise study, Dakota County Communications Center start-up costs, contributions received by the City's Fire Department, a reallocation of expenditures within the Human Resources Department, and the NE Eagan land use studies. E. Amendment to Fee Schedule. It was recommended to approve an amendment to the 2006 Fee Schedule adding various parks facility fees. F. Premise Permit Renewal. It was recommended to approve a Premise Permit Renewal for Eagan Lions Club to conduct a pull-tab operation on Cedarvale Lanes premises, 3883 Cedar Grove Parkway. G. Liquor License Name Change. It was recommended to approve a name change on the liquor license for Jesimo, Inc. from Eagan Steak House, located at 1448 Yankee Doodle Road, to Steakbones Grill. H. Final Subdivision. It was recommended to approve a final subdivision to create two lots (Esmeralda Addition) of 0.62 acres for property located at Lot 1, Block 1, Pilot Knob Heights Fourth in the SW 1;4 of Section 1. 06-02 06-03 Eagan City Council Meeting Minutes January 17,2006 Page 2 1. Extension for Recording Final Plat. It was recommended to approve a 60 day extension of time to record the final plat for Kennerick 3rd Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE 1;4 of Section 4. J. Contract 05-02. It was recommended to approve the final payment for Contract 05-02 (Citywide-Street Overlay Improvements) in the amount of$36,807.57 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. K. Proiect 928. It was recommended to receive the Draft Feasibility Report for Project 928 (Meadowview Road / Alexander Road - Street Improvements) and schedule a public hearing to be held on February 21, 2006. L. Proiect 930. It was recommended to receive the Draft Feasibility Report for Project 930 (Silver Bell Road - Street Revitalization) and schedule a public hearing to be held on February 21, 2006. M. Dakota County. Sentence to Service Proiect. It was recommended to approve the renewal ofa one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to execute the appropriate documents. N. DNR Outdoor Recreation Grant. It was recommended to authorize the preparation of a DNR Outdoor Recreation Grant Application for improvements to Thresher Fields Park and direct the Advisory Parks and Recreation Commission to conduct the required Public Hearing at their regular meeting of February 16, 2006. O. Local Collaborative Grant Application. It was recommended to authorize the preparation of a Local Collaborative Grant application to Independent School District 196's Family Services Collaborative for outreach programming opportunities. P. Amendment to Park Dedication Use Agreement. It was recommended to approve an amendment to the original Park Dedication and Use Agreement between the City and Faithful Shepherd School and authorize the Mayor and City Clerk to sign the appropriate documents. Q. Storm Water Management Plan Update. It was recommended to approve the update to the Stormwater Management Plan for the City of Eagan dated December, 2005. R. Renewal of Contract with Lifeworks. 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. S. Amendment to Gun Club Lake Watershed Management Joint Powers Agreement. It was recommended to approve an amendment to the Gun Club Lake Watershed Management Organization joint powers agreement to permit staggered terms for members appointed to the Gun Club Lake Board. T. 2006 Parks and Recreation CIP. It was recommended to approve the 2006 Parks and Recreation CIP as presented. U. Concept for Miniature Golf Amenitv. It was recommended to approve the concept for a miniature golf amenity to be incorporated into Cascade Bay and authorize staff to proceed with the plan to have it implemented for the 2006 season; including a fee schedule for 2006. V. Tree Contractor License. It was recommended to approve a tree contractor license for Central Applicators, Inc. PUBLIC HEARINGS LOT 2, BLOCK 1, CLIFF LAKE CENTRE 3RD ADDITION EASEMENT V ACA TION City Administrator Hedges introduced this item regarding an easement vacation for Lot 2, Block 1, Cliff Lake Centre 3rd Addition. Public Works Director Colbert noted that prior to publication of the public hearing notice an error was discovered in the legal description. The applicant was made aware of the error and directed to correct the description prior to the hearing notice being published. Due to the applicant not providing the corrected legal description, the vacation was not published in the legal paper. Councilmember Tilley moved, Councilmember Fields seconded a motion to acknowledge the procedural error and remove from further consideration the vacation of a portion of a public drainage and utility easement within Lot 2, Block 1, Cliff Lake Centre 3rd Addition. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 17,2006 Page 3 PROJECT 888, CEDAR GROVE PARKWAY TRAIL AND LIGHTING IMPROVEMENTS City Administrator Hedges introduced this item regarding Trail and Lighting Improvements for Cedar Grove Parkway. Traffic Engineer Plath gave a staff report. Steve Grohoski, US Homes, acknowledged an agreement made with the Economic Development Authority. 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 Tilley seconded a motion to approve Project 888 (Cedar Grove Parkway - Trail and Lighting Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 933, TOWN CENTRE DRIVE / O'LEARY LANE/ GOLFVIEW DRIVE / YANKEE PLACE STREET REVIT ALIZA TION City Administrator Hedges introduced this item regarding street revitalization for Town Centre Drive / O'Leary Lane / Golfview Drive / Yankee Place. City Engineer Matthys 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 933 (Town Centre Drive / O'Leary Lane / Golfview Drive / Yankee Place - Street Revitalization) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 2006 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS ACTING MAYOR Mayor Geagan appointed Councilmember Carlson as Acting Mayor. OFFICIAL LEGAL NEWSPAPER Motion was made by Fields, seconded by Maguire to approve retention of the This Week Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 17,2006 Page 4 CITY COUNCIL MEETING DATES Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the modified 2006 Schedule of City Council meetings. Aye: 5 Nay: 0 2006 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 3 MAY2 SEPTEMBER 5 JANUARY 17 MAY 16 SEPTEMBER 19 FEBRUARY 7 JUNE 6 OCTOBER 3 FEBRUARY 21 JUNE 20 OCTOBER 17 MARCH 6* JUL Y 6** NOVEMBER 9**** MARCH 21 JULY 18 NOVEMBER 21 APRIL 4 AUGUST 3*** DECEMBER 4***** APRIL 18 AUGUST 15 DECEMBER 19 * March 6 rather than March 7 due to precinct caucus ** July 6 due to July 4th holiday *** August 3 rather than August 1 due to National Night Out **** November 9 rather than November 7 due to Election Day ***** December 4 rather than December 5 due to Truth in Taxation There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2006 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 10 MAY 9 SEPTEMBER 11 ** JANUARY 24 (tentative) MA Y 23 (tentative) SEPTEMBER 26 (tentative) FEBRUARY 13* JUNE 13 OCTOBER 10 FEBRUARY 28 (tentative) JUNE 27 (tentative) OCTOBER 24 (tentative) MARCH 14 JULY 11 NOVEMBER 14 MARCH 28 (tentative) JULY 25 (tentative) NOVEMBER 28 (tentative) APRIL 11 AUGUST 8 DECEMBER 11 *** APRIL 25 (tentative) AUGUST 22 (tentative) * February 13 rather than February 14 due to request of a Council member ** September I I rather than September 12 due to Primary Election *** December 11 rather than December 12 due to Truth in Taxation Eagan City Council Meeting Minutes January 17,2006 Page 5 CITY COUNCIL MEETING PROCEDURES Councilmember Fields moved, Councilmember Carlson seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, approve the changes to the agenda format and further approve the guidelines/handout for public participation in the City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the Council's past practice and policy that during the City Council filing period (July - November, 2006), Visitors to be Heard shall occur for a period of time not to exceed ten minutes and Visitors to be Heard will not be televised during this time. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Maguire seconded a motion to formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENT A TIVE APPOINTMENTS Councilmember Carlson moved, Councilmember Fields seconded a motion to ratify the standing committee and representative appointments as follows: Aye: 5 Nay: 0 Finance Committee: Councilmember Carlson and Mayor Geagan Public Works Committee: CounciImember Fields and Councilmember Maguire Personnel Committee: Mayor Geagan and Councilmember Carlson Communications Committee: Councilmember Maguire and Councilmember Carlson Community Center / Central Park Operations Committee: Mayor Geagan and Councilmember Carlson Caponi Property Subcommittee: Councilmember Maguire and Councilmember Carlson Minnesota Valley Transit Authority Board: Councilmember Tilley School District # 191: Councilmember fields and Councilmember Tilley School District # 196: Councilmember fields and Councilmember Tilley School District #197: Councilmember Fields and Councilmember Tilley Municipal Legislative Commission: Mayor Geagan Cedar Corridor Committee: Councilmember Maguire It was the consensus of the Council to discuss the 2008 Comprehensive Guide Plan Update Committee at a future work session; and postpone appointment to the ECVB Board of Directors until after the next Board meeting. It was also the consensus of the Council to disband the Caponi Property Subcommittee. Councilmember Maguire will continue to serve on the Caponi Art Park Board at the request of the Board. Mayor Geagan made the following Advisory Commissions liaison assignments: APrC - Councilmember Carlson ARC - Councilmember fields APC - Councilmember Maguire BETC - Council member Tilley MSP Noise Oversight Committee - Councilmember Fields, Assistant to City Administrator Dianne Miller Councilmember Carlson moved, Councilmember Fields seconded a motion to ratify the subcommittee and liaison assignments. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to disband the Economic Development Commission. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 17,2006 Page 6 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - WENSMANN HOMES City Administrator Hedges introduced and provided background information on this item regarding a Comprehensive Guide Plan Amendment to change the land use designation from P, Park and Recreational Open Space to SA, Special Area on approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands. Pursuant to a lawsuit, the City reached a Contingent Settlement Agreement with Wensmann Homes and the property owners regarding a revised petition for an amendment to the City's Comprehensive Guide Plan. City Planner Ridley provided a brief overview of the proposed amendment. Mayor Geagan discussed the current contingent agreement and a recent Minnesota Supreme Court case that could impact the outcome of an appeal process. Councilmembers discussed their opinions regarding the settlement and the recent MN Supreme Court decision pertaining to a case in Mendota Heights. The consensus was that the City should proceed with the appeal of the District Court decision. Mayor Geagan moved, Councilmember Fields seconded a motion to adopt findings of Fact, Conclusions and Resolution for Denial of an amendment to the Comprehensive Guide Plan to change the designation of property from P, Parks, Open space and Recreation, to SA, special Area, legally described as the East Half of the NW Quarter and the Northeast Quarter of the Southwest quarter of Section 14, Township 27, Range 23 from P (Parks, Open space and Recreation) to SA (Special Area). Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE CITY OF EAGAN'S 2006 ST ATE BONDING REQUESTS City Administrator Hedges discussed proposed bonding requests for 2006. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the City of Eagan's 2006 State Bonding Requests. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 7:35 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:45. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:50 p.m. Aye: 5 Nay: 0 9(),fiLI~/1 c2/)O& 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.