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09/02/2008 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 2, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire Councilmembers Bakken, Fields and Hunter. Councilmember Tilley was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 2, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Hunter. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that under item B of New Business, Council would be asked to consider retaining a consultant to assist with drafting the vision document for the property formerly known as Carriage Hills Golf Course. He also noted that a closed session would be held regarding Cedar Grove issues. Councilmember Hunter moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA City Administrator Hedges noted that item D regarding the appointment of legal service providers would be continued to the September 16 Council meeting due to requests made by Councilmembers for additional information. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the August 19, 2008 regular City Council meeting and the July 22, 2008 Special City Council meeting as presented. B. Personnel Items 1. Acknowledged resignation of Elizabeth Bentson, part time police clerical technician 2. Acknowledged resignation of Kirk Partello, utility field maintenance worker C. It was recommended to ratify the check registers dated August 21, 2008 and August 28, 2008. D. CONTINUED TO 9/16/08 : Appointment of the general legal services provider for the City of Eagan; the appointment of prosecution legal services for the City of Eagan; and the appointment of the labor legal services provider for the City of Eagan. E. It was recommended to approve the off-sale liquor license for Kowalski Companies, Inc., dba Kowalski's Eagan Wine Market, 1646 Diffley Road. F. It was recommended to approve a contract with TKDA for the provision of consulting services related to the development of plans and specifications for the upgrade of lighting at Northview Park and authorize the Park and Recreation Director to sign the contract. G. It was recommended to approve the Subrecipient Agreement with the Dakota County CDA for Administration of CDBG Funding Program. H. It was recommended to acknowledge withdrawal of assorted applications by Select Senior Living for property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition. 1. It was recommended to approve a 90-day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Hwy. 3 in the SE 1/4 of Section 36. 08-40 Eagan City Council Meeting Minutes September 2, 2008 Page 2 J. It was recommended to adopt a resolution approving an application for exempt permit for Faithful Shepherd Catholic School to conduct a raffle on January 31, 2009 at 3355 Columbia Drive. K. It was recommended to receive the petition to vacate public right-of-way easement within the Diffley Marketplace plat and schedule a public hearing to be held on October 7, 2008. L. It was recommended to award Contract 08-12 (Coventry Pond Neighborhood - Rain Garden Improvements), to Mike's Lawn & Landscape, for the Base Bid and Alternate in the amount of $88,321, and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve change Order No. 1 to Contract 07-07 (Dodd Road / Dodd Parkside - Sanitary Sewer Lift Station Improvements) and authorize the Mayhor and City Clerk to execute all related documents. N. It was recommended to approve a Final Planned Development for Lot 1, Block 1, Blue Gentian Corporate Center, located east of Highway 55 and north of Blue Gentian Road in the NW 1/4 of Section 2. 0. It was recommended to approve the consultant agreement with AVI Systems of Edina as the consultant to design technical and equipment specifications and provide final operational testing of the new studio and master control for Eagan Television (E-TV). PUBLIC HEARINGS REQUEST BY ECUMEN FOR CITY TO ACT AS A CONDUIT FOR BONDS FOR EXPANSION OF CENTENNIAL HOUSE SENIOR HOUSING FACILITY IN APPLE VALLEY City Administrator Hedges introduced this item regarding the issuance of Health Care Revenue Bonds in connection with Ecumen-Centennial Campus project in Apple Valley. Community Development Director Hohenstein gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Hunter seconded a motion to approve a resolution authorizing the issuance of Health Care Revenue Bonds and to authorize the execution of various documents in connection with 08-41 Ecumen-Centennial Campus project in Apple Valley. Aye: 3 Nay: 0 Abstained: Bakken NEW BUSINESS CERTIFICATION OF PRELIMINARY 2009 BUDGET AND PROPERTY TAX LEVY, SETTING OF TRUTH-IN-TAXATION HEARING DATES, AND CONSIDERATION OF AN ORDINANCE AMENDMENT TO CHAPTER 2.11 TO MODIFY THE SALARIES OF THE MAYOR AND CITY COUNCIL City Administrator Hedges discussed the preliminary 2009 Budget and property tax levy. He noted that Council had reviewed and discussed the proposed budget at previous work sessions. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the preliminary payable 2009 property tax levy as follows: Aye: 4 Nay: 0 General Revenue levy: General Fund $20,685,700 Major Street Construction Fund 2,371,301 Equipment Revolving Fund 987,790 Fire Apparatus 400,000 General Facilities Renew/Replace Fund 322,616 Subtotal - General Revenue levy 24,767,407 Community Center bonds debt service 1,193,903 Cedarvale Special Services District 3,000 Eagan City Council Meeting Minutes September 2, 2008 Page 3 Total levy $ 25,964,310 Mayor Maguire moved, Councilmember Bakken seconded a motion to approve the preliminary 2009 General Fund expenditure budget, including contingency, of $27,729,200. Aye: 4 Nay: 0 Councilmember Hunter moved, Councilmember Bakken seconded a motion to set the initial Truth-in-Taxation hearing date for Monday, December 1, with a continuation hearing date (if necessary) of Monday, December 8. Aye: 4 Nay: 0 Discussion was held regarding the modification of Mayor and City Council salaries. It was the consensus of the majority of the Council to raise the annual salary of the Mayor to $13,625 and raise the annual salaries of the Council to $10,000. Mayor Maguire moved, Councilmember Fields seconded a motion to approve an ordinance amendment to Chapter 2.11 of the Eagan City Code modifying the salaries of the Mayor and City Council to be effective January 1, 2009. Aye: 3 Nay: 1 Bakken opposed. Mayor Maguire reopened discussion of item E of the Consent Agenda regarding an off-sale liquor license for Kowalski 's Eagan Wine Market. Melina To, who owns a nearby liquor store, did not understand that she could ask to have the item discussed prior to action on the Consent Agenda and wanted to express her opposition to the liquor license due to the effect it could have on her business. Councilmembers explained to Ms. To that they felt her business would not be adversely effected by Kowalski 's store. No changes were made to the action on this item. RESOLUTION DETERMINING THE DESIRABILITY OF ISSUING UP TO $10,250,000 IN GENERAL OBLIGATION BONDS AND CALLING FOR AN ELECTION THEREON City Administrator Hedges discussed this item regarding the desirability of the issuance and sale of general obligation bonds for the purpose of acquiring approximately 120 acres of land formerly known as Carriage Hills Golf Course for public facilities, recreation, and open space uses. Mayor Maguire discussed the framework of the ballot question. Councilmembers held a discussion noting that the open houses had been a valuable tool to begin formulating the visioning document. It was also noted that should a particular use of the property be mentioned in the visioning document it would not mean that use would necessarily be the actual use once the property is purchased. Ron Smith, 4280 Sequoia Drive, spoke suggesting that the wording on the ballot be exact as to the proposed use of property. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the resolution determining the desirability of issuing up to $10,250,000 in General Obligation Bonds and calling for an election thereon. 08-42 Aye: 4 Nay: 0 City Administrator Hedges discussed the visioning statement and suggested that Hoisington Koegler Group, Inc. be hired as a consultant for the visioning document. Councilmember Fields moved, Councilmember Hunter seconded a motion to retain HKG to assist in the writing of the visioning document not to exceed $2,000. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT - DART TRANSIT COMPANY City Administrator Hedges introduced this item regarding a conditional use permit to allow a ten foot security fence for DART Transit. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes September 2, 2008 Page 4 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a ten foot security fence for DART Transit on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The fence shall be constructed and maintained in accordance with City Code requirements. 3. The fence shall be located as depicted on the Site Plan dated May 15, 2008. 4. If barbed wire is utilized, it shall be located directly above the fence or angled into the property. CONDITIONAL USE PERMIT - PAMELA OETTINGER City Administrator Hedges introduced this item regarding a conditional use permit to exceed the maximum 25% impervious surface requirement by 5.6% for property located at 716 McFaddens Trail. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 5.6% for property located at 716 McFaddens Trail, legally described as Lot 7, Block 2, Manley Addition; subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The impervious surface of this lot shall not exceed 23% per the Site Plan received July 14, 2008. 3. The pervious pavers shall be designed to allow infiltration into the ground of at least the first 1/2" of stormwater runoff, with this runoff not leaving the lot area after infiltration. 4. The pervious pavers shall be installed according to the design criteria and according to the guidance of the Minnesota Stormwater Manual, with technical assistance from the Dakota County Soil and Water Conservation District as appropriate, and the installation shall be overseen and inspected by City staff at the time of installation. 5. The applicant shall provide a $500 escrow deposit for inspection of the paver installation. 6. The rear yard paver patio shall be removed. 7. The applicant shall discharge water from the pool in a form and manner acceptable to the Water Resources Coordinator. 8. The applicant shall properly maintain the permeable pavers to sustain the infiltration rate according to the design criteria. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 8:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:45 p.m. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Mayor Maguire seconded a motion to adjourn the meeting at 8:50 p.m. Eagan City Council Meeting Minutes September 2, 2008 Page 5 Administrative Secretary / Deputy City Clerk Date