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03/20/2012 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 20, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. Pat Gilbertson was present and addressed the Council regarding his mobile food vending company, Taco Cielo. Staff was directed by Council to research the issue with League of Minnesota Cities. Staff and noted an amendment to the City Code would be required. A regular meeting of the Eagan City Council was held on Tuesday, March 20, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Also present were City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Community Development Director Hohenstein, City Planner Ridley, Communications Director Garrison, Public Works Director Colbert, Police Chief McDonald, Fire Chief Scott, Director of Parks and Recreation Seydell Johnson and City Engineer Matthys. Councilmember Bakken was absent. AGENDA Mayor Maguire took a moment to comment on the fatal car accident that occurred on March 17, and passes along sympathies to the families impacted by the accident. City Administrator Hedges requested an item be added to Recognitions and Presentations, recognizing Administrative Secretary, Mary O'Brien. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS RECOGNITION OF ADMINISTRATIVE SECRETARY, MARY O'BRIEN Mayor Maguire recognized Administrative Secretary, Mary O'Brien, for 14 years of service to the City of Eagan. CONSENT AGENDA City Administrator Hedges requested Consent item S. be pulled for discussion. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the March 6, 2012 Regular City Council meeting as presented B. PERSONNEL ITEMS 1. It was recommended to authorize the hiring of a full time Fire Administrative Assistant and a part- time Fire Prevention Specialist 2. It was recommended to authorize the hiring of Administrative Intern "to be named" 3. It was recommended to approve the hiring of seasonal employees in Parks and Recreation C. It was recommended to approve check registers dated March 1, 2012 and March 8, 2012 as presented D. It was recommended to approve an amendment to an agreement to acquire replacement Portacount test equipment for the Fire Department with the cities of Farmington, Apple Valley and Rosemount E. It was recommended to approve a Resolution to accept donations from Genisys Credit Union, Dakota County Library and Eagan 55+ /Senior Center F. It was recommended to approve the 2012 Use Agreement for Blue Cross Blue Shield fields City Council Meeting Minutes March 20, 2012 2 page G. It was recommended to adopt a Resolution and APPROVE the application of an Outdoor Recreation Grant for the Caponi Art Park H. It was recommended to adopt a Resolution and approve the application of a Natural and Scenic Area Grant for the Caponi Art Park I. It was recommended to direct the City Attorney's Office to Prepare an Ordinance Amendment Delineating the City's Authority to Name Streets J. It was recommended to approve application for Premise Permit for Metro Baseball League to conduct lawful gambling at Casper's Cherokee Sirloin Room, 4625 Nicols Road K. Item Removed L. It was recommended to approve Final Plat for BCBSM West Addition M. It was recommended to receive petition to Vacate Drainage & Utility Easement and Schedule Public Hearing (April 17, 2012) — Oakwood Heights Townhomes N. It was recommended to approve Change Order No. 3 for Contract No. 11 -08 (Cedar Grove Boulevard — Phase I Street & Utility Improvements) O. It was recommended to award Contract No. 12 -07 (City-Wide Sanitary Sewer Lining) P. It was recommended to approve Sports or Convention Facility License for Pear One, Inc. DBA Roasted Pear to serve alcohol at the Eagan Community Center Q. It was recommended to approve application for Exempt Permit for Red Pine Parent Teacher Organization to hold a Raffle May 3, 2012 R. It was recommended to reject all bids for Eagan Contract 12 -08 Conduit/Fiber Installation and authorize re- issuing of RFP S. It was recommended to approve the City of Eagan becoming a supporting member of the Twin Cities Obesity Prevention Coalition and approve a Resolution declaring the City of Eagan to be a healthy eating and active living community Consent S. Mayor Maguire noted the City of Eagan as the first City in the State of Minnesota to adopt a Resolution declaring the City to be a healthy eating and active living community. PUBLIC HEARINGS PROJECT 1083 BEACON HILL ROAD — STORM SEWER IMPROVEMENTS City Administrator Hedges introduced the item regarding Project 1083 storm sewer improvements on Beacon Hill Road and noted an informational neighborhood meeting was held on March 15, 2012 for adjacent property owners of which residents of 3 properties attended. SEH consultant, Ron Leaf, presented the feasibility study and discussed improvements relative to re- grading of the emergency overflows and drainage swales which would allow overland drainage to flow between residences on Beacon Hill Road. City Engineer Matthys gave an overview of previous improvements to the Beacon Hill neighborhood and discussed questions raised at the information meeting regarding the potential purchase of homes. Mayor Maguire opened the public hearing. Scott Kleven, 4664 Beacon Hill Road, and a resident of the area since 1985 addressed the Council regarding 5 flooding events in the area that have occurred since 1987. He stated that he does not have faith that these proposed improvements will be any better than previous efforts and requested more time to study other options including a potential City purchase of 4663 Beacon Hill. Brenda Hermundson, 4663 Beacon Hill Road, stated she purchased her home in 1994 and spoke to the events relating to the flooding of her home. She also expressed an interest in pursuing other options that might include a purchase of her home. There was discussion by Council and staff regarding options for affected property owners. There was discussion relative to the criteria and justification of potential purchase of property by the City and proposed improvements. City Council Meeting Minutes March 20, 2012 3 page Director of Public Works Colbert recommended going forward with the base project and to continue to analyze possible add -ons to mitigate future events. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1083, Beacon Hill Road storm sewer improvements and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION — CEDAR VALLEY ADDITION / CEDAR VALLEY CHURCH City Administrator Hedges introduced the item regarding a preliminary subdivision to create two lots and a planned development amendment to allow a second building upon property located at 2024 Rahn Way, Cedar Valley Church, which was continued from the February 21, 2012 City Council meeting. Hedges note the applicant does wish to proceed with the preliminary subdivision at this time and will accept the conditions of approval, understanding that they are not obligated to the extension of utilities, creation of easements and other conditions until the time of the final subdivision. City Planner Ridley gave a staff report and background on the item. The applicant was present and available to questions of the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a preliminary subdivision, Cedar Valley Addition, to create two lots upon property located at 2024 Rahn Way, legally described as Lot 1, Block 1, Rahn Ridge, subject to the following conditions. Aye: 4 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, Cl 2. The property shall be platted. 3. Cross easements for driveway access over Lot 1 and benefiting Lot 2, and also for existing parking within Lot 2 that serves Lot 1 shall be provided. The easements shall be in a form acceptable to the City Attorney. 4. This subdivision shall dedicate the public right -of -way needed for the future construction of Rahn Way, in accordance with City engineering standards. 5. A license agreement shall be executed between the property owner and the City allowing the parking within the newly dedicated right -of -way for Rahn Way, and providing for the Lot 1 property owner to remove and relocate the parking (and accommodate associated setbacks) affected by the future construction of Rahn Way. 6. To provide for future development of Lot 2, a storm sewer pipe system shall be extended to Lot 2 from Lot 1 in accordance with City engineering design standards. 7. Extension of new sanitary sewer and water service lines necessary for development of Lot 2 shall be constructed entirely within Lot 2 property boundaries. 8. Trail dedication may be due with the future development of the site, the form and the amount of any dedication shall be determined at the time of such development. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a planned development amendment to allow a second building upon property located at 2024 Rahn Way, legally described as Lot 1, Block 1, Rahn Ridge, subject to the following conditions. Aye: 4 Nay: 0 1. The property shall be platted. 2. Future development of Lot 2 shall be consistent with the PF zoning district. Other uses would require an amendment to the planned development and possibly also to the Comprehensive Guide Plan land use designation. 3. Cross easements for driveway access over Lot 1 and benefitting Lot 2, and also for existing parking within Lot 2 that serves Lot 1 shall be provided. The easements shall be in a form acceptable to the City Attorney. 4. This subdivision shall dedicate the public right -of -way needed for the future construction of Rahn Way, in accordance with City engineering standards. City Council Meeting Minutes March 20, 2012 4 page 5. A license agreement shall be executed between the property owner and the City allowing parking within the newly dedicated right -of -way for Rahn Way, and providing for the Lot 1 property owner to remove and relocate the parking (and accommodate associated setbacks) affected by the future construction of Rahn Way. 6. To provide for future development of Lot 2, a storm sewer pipe system shall be extended to Lot 2 from Lot 1 in accordance with City engineering design standards. 7. Extension of new sanitary sewer and water service lines necessary for development of Lot 2 shall be constructed entirely within Lot 2 property boundaries. 8. Trail dedication may be due with the future development of the site, the form and the amount of any dedication shall be determined at the time of such development. NEW BUSINESS PRECINCT BOUNDARIES AND POLLING LOCATIONS — LEGISLATIVE REDISTRICTING City Administrator Hedges introduced the item regarding the establishment of new precinct boundaries and polling locations; and the re- establishing of existing precinct boundaries and polling locations. Hedges noted the City Council reviewed the proposed precinct redistricting plan at their March 13, 2012 Special City Council meeting. Councilmember Fields, Councilmember Tilley seconded a motion to approve a resolution establishing new precinct boundaries and polling locations; and re- establishing existing precinct boundaries and polling locations. Aye: 5 Nay: 0 CITY COUNCIL COMMENTS Mayor Maguire noted Thomson Reuters donated the printing for the publication of the Eagan Parks and Recreation "Art House News ". VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:10 p.m. Aye: 5 Nay: 0 V- 3-Q Date Mayor y9 ) City Clerk