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12/03/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 3, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, December 3, 2013 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 Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Finance Pepper, Assistant Finance Director Feldman, Director of Parks and Recreation Johnson, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted two changes to the Agenda. In yesterday's Administrative Agenda it was noted for a closed session to discuss labor negotiations, which will not be needed. An addition was proposed under Recognitions and Presentations, to receive an update from Communications Director Garrison on the recent cable needs assessment focus groups. Osberg noted one last call to the community for the opportunity to provide feedback by completing the cable survey on the City's website by December 19tH Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Director of Communications Garrison provided an update on the cable franchise renewal process and noted the opportunity for the community to take the Community Media Online Survey by December 19tH CONSENT AGENDA Mayor Maguire pulled items W and Y for further discussion. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of November 19, 2013 regular City Council meeting. B. Personnel Items 1. It was recommended to approve the hiring of Melissa Timm Office Support Specialist in Administrative Services. 1. It was recommended to approve the hiring of a full -time Temporary Street Maintenance Worker. C. It was recommended to approve check registers dated November 15, 2013. City Council Meeting Minutes December 3, 2013 2 page D. It was recommended to approve the 2014 Enterprise Fund budgets for Public Utilities (Water, Sewer, Street Lighting, Storm Drainage /Water Quality), Cascade Bay, Civic Arena, Community Center, and Fiber Infrastructure (AccessEagan). E. It was recommended to approve the 2014 Special Revenue Fund budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment fund (MIF) Revolving Loan Fund, Cable TV Franchise Fees Fund, Cedar Grove Special Services District Fund and E -TV Fund. F. It was recommended to approve the 2014 Eagan Convention and Visitors Bureau (ECVB) Budget. G. It was recommended to approve a Resolution Renewing existing alcohol licenses for 2014. H. It was recommended to approve a Resolution directing the City Clerk to issue 2014 alcohol license renewals upon licensees' submission of renewal documents and fees. I. It was recommended to approve a change of manager for Granite City Food & Brewery's On- Sale Liquor License. J. It was recommended to approve a change of manager for Axel's Bonfire's On -Sale Liquor License. K. it was recommended to approve a change of ownership for Davanni's On -Sale Beer License. L. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 6 relative to coal tar sealants. M. It was recommended to approve the Final Subdivision — Eagan Pointe Senior Living. N. It was recommended to approve an extension of recording Final Subdivision for Dakota Path. 0. It was recommended to present a Feasibility Report for City Project 1140, Stonebridge Ponds and Schedule Public Hearing (January 7, 2014). P. It was recommended to present a Feasibility Report for City Project 1139, Oakwood Heights 2nd Addition and Schedule Public Hearing (January 7, 2014). Q. It was recommended to present a Feasibility Report for City Project 1137, Alden Pond and Schedule Public Hearing (January 7, 2014). R. It was recommended to approve City Contract 13 -25, CLIMB Theatre, Blackhawk Lake Protection Project. S. It was recommended to approve the Final Payment, City Contract No. 13 -07, 2013 Citywide Trail Improvements. T. It was recommended to approve the Final Payment, City Contract No. 13 -06, 2013 Citywide Parking Lot Imp rovem e nts. U. It was recommended to approve an Amendment to Connection Charge Agreement & Assessment Deferral Agreement, Lot 1, Block 1 Prowire Addition. V. It was recommended to approve the Inflow & Infiltration (I &1) Program Surcharge Appeals. W. It was recommended to approve the Plan of Dissolution and Distribution of Assets of the Gun Club Lake Watershed Management Organization. X. It was recommended to approve a Resolution accepting a $1,866.00 donation from an Eagan Business. Y. It was recommended to approve a Resolution to accept a donation of $29,590 from Flint Hills Refinery for the purpose of purchasing a Fire Prevention kitchen Fire Simulator Trailer. Z. It was recommended to approve the Change Order No. 2, City Contract No. 13 -12, Cedar Grove Parkway Trail & Lighting Improvements. AA. It was recommended to approve a Resolution to accept a donation of $2,760 from the Commons on Marice for the Fire Department and Authorize the necessary budget adjustments. City Council Meeting Minutes December 3, 2013 3 page PUBLIC HEARINGS PROPOSED 2014 BUDGET AND PROPERTY TAX LEVY City Administrator Osberg gave a summary of the overall budget process. Osberg noted a virtual budget open house was held on November 18 via E -TV and the City's website. The new open house format reached out to residents of the community for budget questions and input in advance and during the broadcast. Director of Finance Pepper gave a staff report. Pepper pointed out the sales tax exemption is new for 2014. Mayor Maguire opened the public hearing. Ronald Erickson, 3656 Woodland Trail, addressed the Council with his questions about the budget and levy. Mayor Maguire asked staff to respond to the questions. Director of Finance Pepper responded to the questions. There being no further public comment, Mayor Maguire turned discussion back to the Council. The Council discussed the 2014 budget, property tax levy and the new sales tax exemption. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the General Fund budget of $29,922,800 and approve a resolution adopting the final 2014 general levy of $29,086,355. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Osberg introduced the item noting the City Council recently directed staff to work with the City Attorney regarding an ordinance amendment to accommodate brew pub /tap rooms. The City currently does not allow retail sales (off sales) in Industrial zones. Osberg noted amending the City Code to allow limited retail operations in the Industrial and modifying allowed retail use in the Business Park zoning categories will ensure that Eagan remains competitive in the metro area. City Planner Ridley gave a staff report. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. 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 11, Section 11.60, relative to retail sales in the Industrial and Business Park Zoning Districts and direct the City Attorney to publish the ordinance amendment /summary. Aye: 5 Nay:0 NEW BUSINESS CONDITIONAL USE PERMIT — MEADOW VIEW INDUSTRIAL City Administrator Osberg introduced the item noting the application is for a Conditional Use Permit to allow outside storage of a maximum of 25 over - the -road trailers, trucks and vans and to City Council Meeting Minutes December 3, 2013 4 page allow outside storage of 2 recycling compactors for property at 1675 Meadowview Road, the subject property is currently zoned 1 -1 (limited Industrial). City Planner Ridley gave a staff report. The applicant, Gregg Miller, was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the conditional use permit. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of a maximum of 25 over - the -road trailers, trucks and vans for property at 1675 Meadowview Road, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. This Conditional Use Permit shall replace any and all former Conditional Use Permits and Interim Use- Permits for --the - property. 3. If the city determines that the site is deficient in parking, the applicant's outside storage area shall be restriped to accommodate the additional stalls. 4. The outdoor storage is limited to a maximum of 25 over - the -road trailers, trucks and vans located in the parking lot on the north side of the building. 5. The storage shall be kept in an orderly fashion and all vehicles shall be operable. 6. Four 6 -foot green spruce trees shall be planted by May 31, 2014, per the Site Plan received on October 16, 2013. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of 2 recycling compactors for property at 1675 Meadowview Road, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. This Conditional Use Permit shall replace any and all former Conditional Use Permits and Interim Use Permits for the property. 3. The outdoor storage is limited to 2 recycling compactors located behind the rear of the building. 4. The compactors shall be painted a color to match the building and shall be maintained to prevent cracked, peeling and faded paint. COMPREHENSIVE GUIDE PLAN AMENDMENT — GREGORY PREUSSE City Administrator Osberg noted the Council is being asked to give consideration to authorization and submit an application to the Metropolitan Council for a Comprehensive Guide Plan Amendment at 4135 Old Sibley Highway and provided a brief history of the request. City Planner Ridley gave a staff report noting City staff received one letter of objection to the proposed amendment. The applicant, Gregory Preusse was not available for questions. City Council Meeting Minutes December 3, 2013 5 page Mayor Maguire asked if anyone in the audience would like to comment on the comprehensive guide plan amendment. There being no public comment, he turned discussion back to the Council. The Council discussed the request, noting without Mr. Preusse present to answer questions, the Council was not ready to make a decision regarding the application. The Council suggested staff contact Mr. Preusse to attend the next meeting. Councilmember Tilley noted the letter of objection and her concern about lightening strikes in the area. After further decision, it was decided to continue the item. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the item to the December 17, 2013 City Council meeting. CONSIDER COMCAST'S REQUEST TO IMPOSE LATE FEE ON EAGAN CABLE SUBSCRIBERS City Administrator- Osberg introduced the item noting on November 12, 2013, the City received a request from Comcast that the Eagan City Council approve an increase in the administrative late fee the company charges customers who do not pay their bills on time. Osberg noted Comcast desires to raise the fee for late payments from the current $8 to $9.50. Comcast last raised its late fee in 2010. Communications Director Garrison gave a staff report. The City's cable franchise attorney, Brian Grogan, of Moss & Barnett was available to answer questions. Emmett Coleman, Vice President of Government Affairs for Comcast Twin Cities region, gave a summary of the request and was available for questions. The Council discussed the request. Mayor Maguire asked if anyone in the audience would like to comment on Comcast's proposed late fee on cable subscribers. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion that due to the expense and City staff time associated with the City undertaking a comprehensive review of Comcast's request to increase its cable service late fees, the City hereby allow Comcast to adjust its late fee as proposed without the City approving or denying said request. Nothing in this motion shall waive the City's future right of approval of subsequent late fee increases. Aye: 5 Nay: 0 The Council took a 10 minute break. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. City Council Meeting Minutes December 3, 2013 6 page VISITORS TO BE HEARD Mike DeRosier, 4125 Prairie Ridge Road, addressed the Council with his concerns about MNSPECT performing contact roofing inspections for the City. The Council directed staff to provide additional information regarding changes in roof inspection procedures with an explanation regarding how the new procedures continue to provide service to the public and how the Building Inspections Division is made aware that inspections performed by MNSPECT achieve expected results. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:51 p.m. Aye: 5 Nay: 0 Date 4. Mayor gi City Clerk