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05/15/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 15, 2012 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. Don & Jeannine Ogrady were present and addressed the Council regarding handling of an easement on property located at 3770 South Hills Court. City Council discussed the issue and City Engineer Matthys followed up on the issue. A regular meeting of the Eagan City Council was held on Tuesday, May 15, 2012 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, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, City Engineer Matthys, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison, Director of Parks and Recreation Johnson, and Executive Assistant Stevenson. AGENDA City Administrator Hedges requested that New Business — Item A. Comprehensive guide plan amendment, rezoning, preliminary planned development and preliminary subdivision — CSM Eagan, be removed from the agenda. A representative from CSM, Ron Schiferl addressed the Council to remove the item and asked that the item be continued to a future date. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented/modified. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION Police Chief McDonald presented the swearing -in of Police Officer Alison Burstein. The City Council and Police Chief McDonald recognized Linda Myhre for her 32 years of service and retirement from the City. CONSENT AGENDA It was recommended to pull Consent Item L. for separate action. Mayor Maguire abstained. Councilmember Fields moved, Councilmember Hansen seconded to approve bids and award contract 11 -05, Fairway Hills Ultra -High Pressure Zone (Water System Improvements). Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minute of the May 1, 2012 regular City Council meeting as presented B. PERSONNEL ITEMS 1. Accept the resignation of Maura Marko, PT Office Support/GIS Specialist at the Central Maintenance Facility, effective May 18, 2012, and authorize her replacement 2. It was recommended to approve the hiring of seasonal employees C. APPROVE Check Registers dated May 4, 2012 D. DECLARE fire equipment surplus and authorize sale of equipment E. APPROVE Change Order No. 7 for City Conduit and Fiber Contract 11 -14 F. APPROVE Joint Powers Agreement for Road Names and Address Database — Dakota County G. APPROVE action to not waive the monetary limits on municipal tort liability H. APPROVE Final Plat for Bordsen Acres City Council Meeting Minutes May 15, 2012 Page 2 I. APPROVE and execute contract with Canadian Pacific Railway for a permit for two conduit and fiber connections at Hwy 149 and Lone Oak Road J. PROCLAIM June, 2012 as Lakes Appreciation Month K. PROCLAIM May 20 -26, 2012 as Public Works Week L. RECEIVE Bids and Award Contract 11 -05, Fairway Hills Ultra -High Pressure Zone (Water System Improvements) M. APPROVE Plans & Specifications for Contract 12 -09 ( City -Wide Parking Lot Improvements) and Authorize Ad for Bids N. Approve Change Order No. 1 for Contract 12 -06 (Sediment Removal & Outlet Revisions — Water Quality Improvements) O. APPROVE Change Order No. 1 for Contract 12 -01 (City -Wide Overlays - Street Improvements) P. APPROVE Change Order No. 2 for Contract 12 -01 (City -Wide Overlays - Street Improvements) PUBLIC HEARINGS VACATION — OAKWOOD HEIGHTS TOWNHOMES DRAINAGE & UTILITY EASEMENT City Administrator Hedges introduced the item requesting a vacation of public drainage and utility easement within Lot 1, Block 1, Oakwood Heights 3 Addition. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easement within Lot 1, Block 1, Oakwood Heights 3 Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to direct the preparation of an encroachment agreement to be returned for future Council consideration. Aye: 5 Nay: 0 VARIANCE — 903 OAKWOOD HEIGHTS CIRCLE (NEIL HETHERINGTON) City Administrator Hedges introduced the item, which was a request for a variance of 8.7 feet to the required 30- foot perimeter yard setback for construction of a deck on property located at 903 Oakwood Heights Circle. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a variance of 8.7 feet to the required 30 -foot perimeter yard setback for construction of a deck on property located at 903 Oakwood Heights subject to the condition listed in the staff report. Aye: 5 Nay: 0 VARIANCE — 901 OAKWOOD HEIGHTS CIRCLE (GREGORY STEWART) City Administrator Hedges introduced the item, which was a request for a variance of 25 feet to the required 30 -foot perimeter yard setback for construction of a deck on property located at 901 Oakwood Heights Circle. City Planner Ridley gave a staff report. City Council Meeting Minutes May 15, 2012 Page 3 Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a variance of 25 feet to the required 30 -foot perimeter yard setback for construction of a deck on property located at 901 Oakwood Heights Circle subject to the conditions listed in the staff report. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT TO CHAPTER 10 RELATIVE TO RECREATIONAL FIRES City Administrator Hedges introduced the item noting there are three parts to the ordinance. The first proposed change is to reference the current edition of Minnesota Fire Code vs. a specific year edition. The second is to add the provision to allow residents to construct and use outdoor fireplaces and the third is the use of electric and gas fireplaces on balconies of multi - family units that share a common hallway. Fire Chief Scott gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to City Code Chapter 10, Sect. 10.40, Subd. 1 to adopt the current edition of the Minnesota Fire Code, Subd. 6, to amend the Code to add outdoor fireplace provisions and to prohibit the use of electric and gas grills on balconies of multi - family buildings, and to authorize publication of a summary of the ordinance amendment. Aye: 5 Nay: 0 AN ORDINANCE AMENDMENT TO CHAPTER 7, STREETS AND SIDEWALKS GENERALLY, SECTION 7.13 REGARDING STREET NAMES AND NUMBERS City Administrator Hedges introduced the item noting that Dakota County has been working with all the cities within the county to establish a unified street naming policy resulting in a common GIS data base to benefit all of the cities. Director of Administrative Services VanOverbeke gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter 7, adding Section 7.13, Street Names and Numbers. Aye: 5 Nay: 0 AN ORDINANCE AMENDMENT TO CHAPTERS 7 AND 10 RELATIVE TO SPECIAL ASSESSMENTS FOR THE ABATEMENT OF PUBLIC NUISANCES AND APPROVE A RESOLUTION AMENDING THE CITY'S FEE SCHEDULE City Administrator Hedges introduced the item regarding an ordinance amendment to City Code Chapters 7 and 10 - special assessments for the abatement of public nuisances. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code Chapters 7 and 10 relative to special assessments for the abatement of public nuisances, direct the City Attorney to prepare and publish the summary amendment in the legal newspaper, and approve a resolution amending the City's Fee Schedule. Aye: 5 Nay: 0 City Council Meeting Minutes May 15, 2012 Page 4 AN ORDINANCE AMENDMENT TO CHAPTER 3, SECTION 3.20, RELATIVE TO WATER METER ACCESSIBILITY City Administrator Hedges introduced the item regarding the ordinance to amendment City Code Section 3.20 — Rules and Regulations Relating to Water Services, and revisions to the 2012 Fee Schedule addressing related surcharges /fees. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Ordinance Amendment to City Code Section 3.20 (Rules and Regulations Relating to Water Service), direct the City Attorney to publish a summary amendment in the legal newspaper, and approve revisions to the 2012 Fee Schedule addressing related surcharges /fees. Aye: 5 Nay: 0 There were no items for discussion. There were no items for discussion. There were no items for discussion. There were no items for discussion. There were no visitors to be heard. NEW BUSINESS LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ECONOMIC DEVELOPMENT AUTHORITY There were no items for discussion. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Councilmember Bakken noted that this week is the annual Cri du Chat International Awareness Week. Councilmember Hansen shared a letter from the Minnesota Valley Transit Authority (MVTA) thanking Lori Peterson, Human Resource Manager, for the work she has done with MVTA as well as Tom Pepper, Chief Financial Officer, contribution to MVTA. CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS VISITORS TO BE HEARD City Council Meeting Minutes May 15, 2012 Page 5 Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:24 p.m. Aye: 5 Nay: 0 J ane, 5, au a Date Mayor Clerk ADJOURNMENT