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07/19/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 19, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, July 19, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director Garrison, Police Chief McDonald, Director of Parks and Recreation Johnson, Chief Building Officer Schoeppner and Director of Public Works Colbert. AGENDA City Administrator Hedges added an item to the Agenda under Recognitions and Presentations and pulled Consent item H. to be deleted. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire recognized Erin Johnson of This Week Newspapers for 11 years covering the community. CONSENT AGENDA Community Development Director Hohenstein gave a brief overview of the revised action on Item E. Director of Administrator Services provided an update on Item 1, recommending that Change Order No. 2 be financed by the Fiber Infrastructure Fund. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as approved. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the July 5, 2011 regular City Council meeting as presented B. Personnel Items: 1. It was recommended to acknowledge the resignation of Fred Miller, E -TV Video Specialist/Fields Coordinator and authorize his replacement 2. It was recommended to approve the hiring of seasonal employees in Parks & Recreation 3. It was recommended to ratify collective bargaining agreement for Teamsters Local 320, Clerical Unit for January 1, 2011 — December 21, 2012 C. It was recommended to approve the check registers dated June 30, 2011 and July 7, 2011 D. It was recommended to approve a sound amplification permit and waiver of fee for an outdoor event with electronic sound system /audio equipment use after 10:00 p.m. to be held on September 17, 2011 E. It was recommended to approve a revised site plan for the drive - through CUP to permit a double drive - through for the Town Centre McDonald's located at 1351Town Centre Drive F. It was recommended to approve a resolution to accept a $1,000 donation from Sam's Club for 2011 community events and approve any necessary changes to the 2011 budget G. It was recommended to award bid for construction of a replacement fire engine H. It was recommended to approve property acquisition settlement agreement for Project 1016R (Ames Crossing Road — Street & Utility Improvements) with the owners of parcel No. 10- 00100 - 020 -10 — Item Removed 1. It was recommended to approve change order no. 2 to Contract 09 -18 (Duckwood Drive Overpass — Bridge & Street Improvements) J. It was recommended to approve tree maintenance contractor license for Wright Tree Service, Inc. K. It was recommended to approve temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School Septemberfest fundraiser on September 17, 2011 City Council Meeting Minutes July 19, 2011 2 page OLD BUSINESS ORDINANCE AMENDMENT — CITY CODE CHAPTER 4 TO AUTHORIZE THE CITY TO PROVIDE FOR ELECTRICAL INSPECTIONS, APPROVE AN ADDITION TO THE CITY FEE SCHEDULE FOR THAT SERVICE AND APPROVE A SERVICE AGREEMENT WITH M.A. ANDERSON, INC. City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code Chapter 4, relative to a service agreement with Mark Anderson to provide electrical inspections and an increase in the City's fee schedule for electrical permits. Community Development Director Hohenstein gave a staff report. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code Chapter 4, to authorize the City to provide electrical inspections with the understanding that it is the Council's intention to rescind the ordinance once the State Department of Labor and Industry is again providing service, and to approve an addition to the City fee schedule for electrical permits; to approve a service agreement with Mark Anderson to perform the inspections and to direct staff to work with State officials and permit seekers to coordinate the issuance of permits and the arrangements for inspections by the State upon the State resuming electrical inspections. Aye: 5 Nay: 0 ORDINANCE AMENDMENT TO CHAPTER 11 CITY VARIANCE AUTHORITY City Administrator introduced this item regarding an Ordinance Amendment to City Code Chapter 11 relating to the City's variance authority since a Minnesota Supreme Court ruling in 2010 restricting the authority municipalities have in granting variances. City Planner Ridley gave a staff report and referenced a minor edit suggested by the APC. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve, as amended, an Ordinance Amendment to Chapter 11, Section 11.50, Subd. 3, to reflect the standards established in the new legislation. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. VISITORS TO BE HEARD There were no visitors to be heard. ADMINISTRATIVE AGENDA National Pollutant Discharge Elimination system /State disposal System (NPDES /SDS) General Permit for Small Municipal Separate Storm Sewer Systems (MS4) and the Public Notice for the Municipal Storm Water Management Program Public Notice Process Public Works Director Colbert introduced the item regarding the City's petitioned request for a contested case hearing with the Minnesota Pollution Control Agency requesting the public comment period be extended to August 31, 2011. Colbert gave an overview of the MPCA's decision to cease all discussions regarding the Draft MS4 Permit. Councilmember Hansen moved, Councilmember Tilley seconded a motion to ratify the City's petitioned request for a contested case hearing and the associated comment letter to the MPCA regarding the proposed permit revisions to the Draft MS4 General Permit. Aye: 5 Aye: 0 CITY COUNCIL COMMENTS Councilmember Hansen reminded everyone to vote for Eagan's Marketfest. ADJOURNMENT City Council Meeting Minutes July 19, 2011 3 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 6:56 p.m. Aye:5 Nay:0 Aao Date A kt�- Mayor Clerk