Loading...
10/16/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 16, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting Mayor Bakken, Councilmembers Hansen and Tilley. Mayor Maguire and Councilmember Fields were absent. A regular meeting of the Eagan City Council was held on Tuesday, October 16, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Bakken, Councilmembers Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Communications Director Garrison, Fire Chief Scott and Executive Assistant Stevenson. AGENDA City Administrator Hedges noted the addition of a grant the City of Eagan will be receiving, to be acknowledged under the Economic Development Agenda. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented /modified. Aye :3 Nay:0 RECOGNITIONS AND PRESENTATION There were no items for discussion. CONSENT AGENDA City Administrator Hedges noted the addition of Item S. Approve a Resolution Approving a Temporary Burning Ban to Include Recreational Fires, and additional information on Item L. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented /modified. Aye: 3 Nay: 0 A. It was recommended to approve the minutes of September 19, 2012. B. PERSONNEL ITEMS 1. Approve the promotion of Tom Pepper for the position of Finance Director. 2. Approve the hiring of Seasonal/ Temporary Employees in Parks & Recreation. C. It was recommended to approve check registers dated September 21 and 28, 2012. D. It was recommended to approve a Resolution to Accept Donations of Equipment from Burnsville off Road for the Fire Departments Jeep Fire Truck. E. It was recommended to declare used Fire Department Helmets Surplus, Authorize their Sale and Authorize that the Proceeds from their Sale be Used to Purchase Additional New Fire Helmets. F. It was recommended to accept a $5,000 Donation from an Anonymous Citizen. G. It was recommended to approve the Final Payment for Contract 12 -01, 2012 Citywide Street Improvements. City Council Meeting Minutes October 16, 2012 2 page H. It was recommended to receive the Final Assessment Report for Project No. 1067 — Hawthorne Woods - Street Improvements and Schedule Public Hearing for November 20, 2012. I. It was recommended to receive the Final Assessment Report for Project No. 1068 — Lexington Pointe 1St -2 "d Additions - Street Improvements and Schedule Public Hearing for November 20, 2012. J. It was recommended to receive the Final Assessment Report for Project No. 1073 — Wescott Road /Glacier Drive - Street Improvements and Schedule Public Hearing for November 20, 2012. K. It was recommended to receive the Final Assessment Report for Project No. 1077 — Northview Park Road/ Braddock Trail/ Elrene Road — Street Improvements and Schedule Public Hearing for November 20, 2012. L. It was recommended to award Contract 12 -12, Cedar Grove Boulevard Phase II — Grading Improvements. M. Item Removed N. It was recommended to approve the Renewal of Snow Plowing Contract for 2012 -2013. O. It was recommended to approve the Second Amendment to Dark Fiber License Agreement Between the City of Eagan and the Minnesota Valley Transit Authority (MVTA). P. It was recommended to approve the Temporary On -Sale Liquor License for People of Praise, MN, Inc.'s Community Social on November 24, 2012 Q. It was recommended to approve the Telecommunication Lease Agreement Amendments with T- Mobile Central LLC. R. It was recommended to declare unclaimed bicycles to be surplus. S. It was recommended to approve a Resolution Approving a Temporary Burning Ban to Include Recreational Fires. PUBLIC HEARINGS VARIANCE — WELLINGTON WAY - CHARLES (BILL) WALKER City Administrator Hedges introduced a variance request of 2 Y2 feet to the required 10 -food side yard living space setback for property located at 1519 Wellington Way. City Planner Ridley gave a staff report and provided additional history on the project. Bill Walker gave a summary of his request and was available for questions. Acting Mayor Bakken opened the public hearing. Kathy McCarthy, 1515 Wellington Way, addressed the City Council with questions about the variance. Director of Community Development Hohenstein responded to McCarthy's questions. The Council discussed the issues. There being no further public comment, Acting Mayor Bakken turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Variance of 2 feet to the required 10 -foot side yard living space setback for property located at 1519 Wellington Way, subject to the following conditions: Aye: 3 Nay: 0 City Council Meeting Minutes October 16, 2012 3 page 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the used permitted in the variance. 2. The upper living space shall remain as shown on the Certificate of Survey received September 7, 2012 consisting of a 7 foot, 6 inch setback to the side property line. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. GOLD TRAIL - PETITION TO REMOVE PARKING RESTRICTIONS City Administrator Hedges noted on August 20, 2012, City staff received a petition from the manager of the Ballantrae Apartments, 3800 Ballantrae Road, and two neighboring residential properties, requesting the removal of the parking restrictions along the north side of Gold Trail, from Dolomite Trail to approximately 650 feet west. City Engineer Gorder gave a staff report and provided additional history on the project. Amy Utley, Manager of the Ballantrae Apartments, gave a brief summary of the request and was available for questions. Acting Mayor Bakken opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to receive the petition and approve the removal of existing parking restrictions on Gold Trail and authorize staff to remove related signage. Aye:3 Nay:0 PROJECT 1058, OSLUND TIMBERLINE (PINE RIDGE DRIVE) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1058 provided for the street overlay improvements on Pine Ridge Drive, a residential street in northwest Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. Acting Mayor Bakken opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1058 (Oslund Timberline aka Pine Ridge Drive — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 3 Nay: 0 PROJECT 1070, OAK CHASE 4T" (OAK CHASE CIRCLE) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1070 provided for the street overlay improvements on Oak Chase, a residential street within the Oak Chase 4th Addition, in south - central Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. City Council Meeting Minutes October 16, 2012 4 page Acting Mayor Bakken 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 Final Assessment Roll for Project 1070 (Oak Chase 4t" or Oak Chase Circle — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 3 Nay: 0 PROJECT NO. 1071, SIGNAL POINT /KNOB HILL PROFESSIONAL PARK STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1071 provided for the street overlay improvements on Signal Point, a residential cul -de -sac, and on Knob Hill, a mixed use street, in central Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. Acting Mayor Bakken opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1071 (Signal Point /Knob Hill Professional Park— Street Improvements) and authorized its certification to Dakota County for collection. Aye: 3 Nay: 0 PROJECT NO. 1072, BOULDER RIDGE (HEINE COURT) STREET IMPROVEMENTS —FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1072 provided for the street overlay improvements on Heine Court, a residential cul -de -sac in central Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. Acting Mayor Bakken 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 Final Assessment Roll for Project 1072 (Boulder Ridge — Heine Court) and authorized its certification to Dakota County for collection. Aye: 3 Nay: 0 PROJECT NO. 1078, JOHNNY CAKE RIDGE ROAD STREET IMPROVEMENTS -FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1078 provided for the street overlay improvements on Johnny Cake Ridge Road, from Diffley Road to Teal Cove, a collector roadway in west - central Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. Acting Mayor Bakken opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1078 (Johnny Cake Ridge Road, Diffley Road to Teal Cove — Street Improvements) and authorized its certification to Dakota County for collection. Aye: 3 Nay: 0 City Council Meeting Minutes October 16, 2012 5 page PROJECT NO. 1079, DENMARK AVENUE /CLUBVIEW DRIVE STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1079 provided for the street overlay improvements on Denmark Avenue, Lone Oak Road to the south Sam's Club entrance, and Clubview Drive, commercial /industrial collector streets in north - central Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. The City Council discussed the issue. Acting Mayor Bakken 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 Final Assessment Roll for Project 1079 (Denmark Avenue / Clubview Drive — Street Improvements) and authorized its certification to Dakota County for collection. Aye: 3 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT— AN ORDINANCE AMENDMENT TO CHAPTER 10.12 ADDING SUBDIVISION 4 RELATIVE TO HARBORING OF CHICKENS AND A RESOLUTION ADOPTING A PERMIT FEE City Administrator Hedges introduced the item noting at the June 5, 2012 Listening Session, the City Council received a request from a group of citizens to consider an ordinance amendment to allow backyard chickens. City Code currently allows chickens only on properties of at least 5 acres zoned agricultural. Per the direction of the City Council at the September 11, 2012, Special City Council meeting, the City Attorney drafted an ordinance amendment to allow harboring chickens on residential properties and the proposed a resolution to set a $50 annual fee for a permit, which is the same fee currently charged for a carrier pigeon permit. Hedges continued if the Council approves the proposed ordinance amendment, it will go into effect upon its publication on October 26, 2012. The City Council discussed the proposed ordinance amendment and resolution. At the request of the Council, the City Attorney recommended the following amendment to the Ordinance (Subd. #6c) to read as: Slaughtering of chickens on any property zoned for residential use is prohibited. The City Council was in favor of the new wording. Acting Mayor Bakken opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code Chapter 10.12, as revised, relative to harboring of chickens and direct the City Attorney to publish the ordinance amendment summary as amended. Aye: 3 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Resolution adopting a fee for chicken permits. Aye: 3 Nay: 0 NEW BUSINESS There were no items for discussion. City Council Meeting Minutes October 16, 2012 6 page LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Councilmember Hansen noted he had attended the Girl Scouts event on Saturday, October 13th at Thomas Lake Park celebrating the 100th year of Girl Scouts Centennial Day of Service. The girls raked 1,000 bags of leaves as part of their Take Action Project — Clean Water. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:38 p.m. Aye: 3 Nay: 0 ��-- '1 -La. Date l —A Mayor Clerk