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08/16/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 16, 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. Paul Overby, an Eagan resident, asked the City Council to consider a domestic partner registration program and offered resources to assist the City in establishing such a program. Police Chief McDonald requested a change to the dog licensing ordinance for future City Council consideration. The Council directed the revised ordinance to a future City Council meeting. Police Chief McDonald noted 70 neighborhoods raised a total of 17,000 pounds of food on National Night Out. A regular meeting of the Eagan City Council was held on Monday, August 16, 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 Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald, Director of Parks and Recreation Johnson, Chief Building Official Schoeppner, Communications Director Garrison, City Engineer Matthys, and Fire Chief Scott. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda with the removal of Consent Item H. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda, with Item H. being pulled from the agenda. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the August 1, 2011 regular City Council meeting as presented B. Personnel Items: 1. Approve hiring of Scott Nitti, Streets Maintenance Worker 2. Approve hiring of Melissa Guttormson, Utility Billing/Special Assessments Specialist 3. Approve hiring of Training/Office Support Specialist, Barbara Showalter, at the Eagan Community Center 4. Approve the reclassification of J. Hauth, Engineering Technician in the Utilities Division from Level 8 to 10 5. Approve Pilot Program for daytime Fire Department Duty Crew from September 2011 up to December 2011 with the option to renew C. It was recommended to approve the Check Registers dated July 27, 2011 and August 4, 2011 D. It was recommended to approve a Resolution accepting a donation from Bossardt Corp. for the Fire Safety Center Grand Opening E. It was recommended to approve an On -Sale Liquor License and Sunday License for Zest! Bar & Grill Restaurant LLC, doing business as Zest! Bar & Grill, 525 Diffley Road F. It was recommended to approve Tree Maintenance Contractor License for Specialty Tree Service G. It was recommended to approve Kennel License for Dimmen Incorporated, doing business as Four Paws Pet Resort, 4020 Old Sibley Memorial Highway H. It was recommended to approve the Dark Fiber License Agreement between the City and the MVTA — Item PULLED — to be considered at a future Council meeting I. It was recommended to approve the final plat extension for recording the Pomroy Addition City Council Meeting Minutes August 16, 2011 2 page J. It was recommended to approve the Public Works Committee recommendation regarding civil actions as an option for Code Enforcement cases K. It was recommended to authorize preparation and execution of Agreement with Xcel Energy for City Requested Facility Surcharge (CRFS) payment method to underground utility lines at Cedar Grove L. It was recommended to approve Project Change Order in the amount of $2,000 with Quality Business Solutions for Payment Card Industry (PCI) compliance consulting services M. It was recommended to receive petition and schedule Public Hearing on September 20, 2011 to vacate drainage and utility easement on Lot 21, Block 3 Oakbrooke 5 Addition N. It was recommended to approve change to Scope of Services — Blackhawk and Thomas Lake management plans O. It was recommended to reject bids and cancel Contract 11 -05, high zone water main improvements P. It was recommended to approve an amendment of the site plan to permit a minor building expansion of approximately 900 SF for the Eagan Heights Commercial Park PD for Pet Food Outlet — 1254 Town Center Drive Q. It was recommended to approve final plat extension for recording Ruth Addition R. It was recommended to approve Massage Therapy Establishment License for Teri Dale, Ambition Training Academy, LLC, 2020 Silver Bell Road, Suite 26 PUBLIC HEARINGS VACATION OF DRAINAGE & UTILITY EASEMENT LOT 1, BLOCK 1, GOPHER EAGAN INDUSTRIAL PARK No. 3 & No. 6 City Administrator Hedges introduced the item regarding the vacation of drainage and utility easement for Lot 1, Block 1, Gopher Eagan Industrial Park No. 3 and No. 6. City Engineer Matthys gave an overview and background on the item. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the vacation of drainage and utility easement for Lot 1, Block 1, Gopher Eagan Industrial Park No. 3 and No. 6. Aye: 5 Nay: 0 OLD BUSINESS APPROVE AN ORDINANCE AMENDMENT TO CHAPTER 6 TO PROVIDE A REGISTRATION PROGRAM FOR RESIDENTIAL RENTAL PROPERTIES City Administrator Hedges introduced the item regarding an Ordinance Amendment to Chapter 6 to provide a registration program for residential rental properties. City Planner Ridley gave a staff report. There was a brief discussion by the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to Chapter 6 by adding Section 6.55, regarding Rental Property Registration requirements. Aye: 5 Nay: 0 APPROVE AN ORDINANCE AMENDMENT TO CHAPTER 4 ESTABLISHING A TIMELINE FOR COMPLETION OF EXTERIOR MATERIALS UNDER BUILDING PERMITS City Administrator Hedges introduced the item regarding an Ordinance Amendment to Chapter 4 establishing a timeline for the completion of exterior materials under a building permit. Community Development Director Hohenstein and Chief Building Official Schoeppner gave a staff report. There was a brief discussion by the City Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 4 establishing a timeline for the completion of exterior materials under Building Permits. Aye: 5 Nay: 0 City Council Meeting Minutes August 16, 2011 3 page LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. CITY COUNCIL COMMENTS Councilmember Bakken noted Eagan has a higher bond rating than the United States Federal Government. Mayor Maguire welcomed a Boy Scout in the audience. ADMINISTRATIVE AGENDA CONTRACT NO. 11 -03 DEERWOOD RESERVOIR REPAINTING City Administrator Hedges introduced the item regarding the Deerwood Water Reservoir, located in the southeast corner of Deerwood Drive and I -35E, south of the Skywood Lane cul -de -sac, and the need for a full interior and exterior reconditioning and repainting of the tank and to allow construction activity on Sundays between 7:00 a.m. and 7:00 p.m. from August 21 through October 23, 2011 to complete the project. City Engineer Matthys gave an overview and background on the item. There was a brief discussion by the City Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to authorize a modification to the specifications for Contract 11 -03, Deerwood Reservoir repainting, to allow construction activity on Sundays between 10:00 a.m. and 5:00 p.m. from August 21, 2011 through October 23, 2011 for Classic Protective Coatings, Inc. Aye: 5 Nay: 0 City Engineer Matthys noted that residents on Skywood Lane would be notified of the Council's action, noting the action follows past practice in terms of permitted times on Sunday to work. The notice will also offer residents the opportunity to contact City staff if they have an event or circumstance in which the work on a Sunday would be a disturbance, which then could be communicated to the contractor. PROJECT 1050 — JOHNNY CAKE RIDGE ROAD /CLIFF ROAD AND NICOLS ROAD /CLIFF ROAD INTERSECTION RECONFIGURATION & TRAIL CONSTRUCTION City Administrator Hedges introduced the item regarding the preparation of a letter supporting Dakota County's Congestion Mitigation Air Quality (CMAQ) funding application as part of the Metropolitan Council's 2011 SAFETEA- LU Federal Funding Solicitation for traffic system improvements along 3 miles of Cliff Road to include the upgrade of two intersections with Cliff Road at Johnny Cake Ridge Road and Nicols Road as well as trail improvements on Cliff Road in southwestern Eagan between Nicols Road and Cinnamon Ridge Trail. City Engineer Matthys gave an overview and background on the upgrade of the two intersections and trail improvements and the requested letter of support. There was a discussion by the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to authorize the preparation of a letter supporting Dakota County's Congestion Mitigation Air Quality (CMAQ) funding application as part of the Metropolitan Council's 2011 SAFETEA -LU Federal Funding Solicitation for traffic system improvements along 3 miles of Cliff Road (CSAH 32) within Eagan and authorize the Mayor to sign the letter. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes August 16, 2011 4 page ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:00 p.m. Aye: 5 Nay: 0 Se�nl ew►Fae � . a ij Date Mayor lM� pgll�Clerk