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07/15/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 15, 2014 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. Three Eagan residents (Girl Scouts) approached the City Council regarding their efforts to improve pedestrian traffic safety at the intersection of Diffley Road and Daniel Drive. A regular meeting of the Eagan City Council was held on Tuesday, July 15, 2014 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 Finance Pepper, Director of Community Development Hohenstein, Director of Public Works Matthys, Deputy Police Chief Johnson, Director of Parks & Recreation Johnson, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted there are two additional items for the Council to consider; under the Economic Development Authority, the addition of Consent Agenda Item 3 - License Agreement for Parking; and, in the Administrative Agenda, under City Administrator, the addition of Item 1. Event Staffing Agreement. Osberg also noted that Item 1 of the Administrative Agenda, under Director of Public Works, was withdrawn to be placed on a future City Council meeting. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION City Administrator Osberg noted Eagan received the 2014 City of Excellence Award from the League of Minnesota Cities in the category of Engaging Citizens in the Budget Process for its innovative Budget Connect Virtual Open House. The Council congratulated City staff. Finance Director Pepper acknowledged the upgrade of the City's long -term credit rating by Standard & Poor's from AA+ to AAA. Terri Heaton, Springsted Incorporated, gave a presentation and presented a plaque to the City recognizing its achievement of a triple -A rating. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of July 1, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Joanne O'Keefe, Police Receptionist and authorize hiring her replacement. 2. It was recommended to approve the hiring of Jared Flewellen, Assistant Parks & Recreation Director. City Council Meeting Minutes July 15, 2014 2 page 3. It was recommended to approve the hiring of Seasonal /Temporary Employees in Parks & Recreation. C. It was recommended to approve check registers dated June 27, and July 3, 2014. D. It was recommended to approve Final Subdivision and Final Planned Development for Dakota Path 3rd Addition — D.R. Horton. E. Item was removed. F. It was recommended to receive the bids for Contract 14 -13 9 (Citywide Trail & Parking Lot Improvements), award the contract to Bituminous Roadways, Inc., for the base bid only in the amount of $404,927.00, and authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to approve Change Order No. 1 to Contract 13 -20 (1 -35E Noise Wall (west side, north of Diffley Road) — Landscaping Improvements), and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to receive the bids and award Contract 14 -16 (Black Hawk Middle School Stormwater Management) to Minnesota Dirt Works, for the bid in the amount of $28,845.00, and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to approve an Exempt Permit for the National Kidney Foundation to hold a raffle on October 11, 2014 at 610 Opperman Drive. J. It was recommended to approve On -Sale Wine, 3.2 Percent Malt Liquor (Beer) and Sunday Wine License for Lone Oak Store, LLC, doing business at Burgers and Bottles, 1278 Lone Oak Road. K. It was recommended to approve Interagency Agreement with LOGIS for network and computer management support. L. It was recommended to approve a resolution to prohibit parking on: Nicols Road ( Diffley Road to Silver Bell Road), Silver Bell Road (Highway 13 to Kennebec Drive), Rahn Road (Nicols Road to Cedar Grove Parkway), Eagan Outlets Parkway (Nicols Road to Rahn Road), Fen Way (Eagan Outlets Parkway to Cedar Grove Parkway), River Valley Way (Eagan Outlets Parkway to Cedar Grove Parkway), and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS There were no public hearing items to be heard. OLD BUSINESS ORDINANCE AMENDMENT —AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 6.34 REGARDING ELECTRONIC DELIVERY DEVICES AND NICOTINE AND LOBELIA DELIVERY PRODUCTS City Administrator Osberg noted at its June 17, 2014 meeting, the Council directed preparation of an ordinance amendment regarding electronic delivery devices and nicotine and lobelia products. During the recent legislative session, a new law was enacted that clarifies municipalities' ability to license and regulate electronic delivery devices and nicotine and lobelia delivery products. City Council Meeting Minutes July 15, 2014 3 page Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to City Code Chapter 6.34 regarding electronic delivery devices and nicotine and lobelia delivery products and direct the City Attorney to publish the ordinance amendment. Aye: 5 Nay: 0 NEW BUSINESS There are no new business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire gave credit to City staff and Police Department for their role in making the Fourth of July a successful event. CITY ADMINISTRATOR City Administrator Osberg noted the City of Eagan and Twin Cities Outlets Eagan, LLC, each agree on the need to provide traffic control and police staffing during certain shopping events at the Outlet Mall during grand opening and other similar shopping events. Through an Event Staffing Agreement, Twin Cities Outlets Eagan, LLC, will reimburse the City for certain staffing expenses during the grand opening weekend, and if they request will do the same on Thanksgiving Day and Black Friday in 2014 and thereafter. Twin Cities Outlets Eagan, LLC, agrees to make payment of $10,000.00 as a partial reimbursement for the traffic study completed for the City of Eagan. Osberg noted the agreement memorializes each of these key points and has been approved by Twin Cities Outlets Eagan, LLC. The agreement also memorializes the terms for the provision of additional services for Black Friday and similar high traffic sale dates in the future. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Events Staffing Agreement. Aye: 5 Nay: 0 DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community of Development Hohenstein noted Jensen's remodel is completed and the restaurant reopened as Jensen's Food & Cocktails. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes July 15, 2014 4 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:00 p.m. Aye: 5 Nay: 0 Date will, 10 �3� Z ^' City Clerk