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09/02/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 2, 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. Nancy Voss, an Eagan resident, addressed the Council with her concerns regarding the MVTA bus route on Denmark Avenue, Councilmember Hansen responded to her concerns. The Council asked staff to follow up with Ms. Voss. A regular meeting of the Eagan City Council was held on Tuesday, September 2, 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 Communications Garrison, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Assistant Parks & Recreation Director Flewellen, Lieutenant Pike, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay :0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of August 11 and 14 Special City Council meetings and August 19, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Steven Hadden, Parks Maintenance Worker, and authorize hiring his replacement. 2. It was recommended to reassign Rob Muller, Parks Maintenance Worker, and authorize hiring his replacement. 3. It was recommended to approve the attached Policy for Ensuring the Security of Not Public Data, 4. It was recommended to approve the hiring of Seasonal /Temporary Employees in Parks & Recreation. C. It was recommended to approve the check registers dated August 15 and August 22, 2014, D. It was recommended to approve Cooperative Construction Agreement No. 06525 with the Minnesota Department of Transportation (MnDOT), and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes September 2, 2014 2 page E. It is recommended to accept the resignation of Chad Stambaugh from the Airport Relations Commission. F. It is recommended to appoint Jeff Sparks to the remainder of a two -year term on the Airport Relations Commission. G. It is recommended to authorize the application of a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. H. It is recommended to approve a Special Events Agreement with CSM for public use of the parking areas on the former Lockheed Martin property ( "CSM parking lots ") during the Food Truck Festival on Saturday, September 6, 2014, and direct the Mayor and City Clerk to sign the appropriate documents. I. It is recommended to approve a contingent lease agreement for temporary use of the former Fire Administration Building at 3795 Pilot Knob Road by Dougherty, Molenda, Sofest, Hills and Bauer. J. It is recommended to approve an easement vacation of public drainage and utility easements located on Lot 2, Block 1, Eagandale Office Park 5th Addition, and a final subdivision ( Eagandale Office Park 6th Addition) two create 2 lots and one outlot, located on the corner of Corporate Center Drive and Corporate Center Curve, K. It is recommended to authorize an amendment to the bid opening date from Thursday, August 28, 2014 to September 25, 2014 for Contract 14 -0806 for the Cascade Bay pump house improvements. L. It is recommended to approve an original artwork agreement for the donation of a painting depicting the 1914 Town Hall, created by artist Larry Landis and approve the limited use copyright agreement allowing the Eagan Historical Society to reproduce and sell said artwork from September 8, 2014 until December 31, 2014, PUBLIC HEARINGS TOWN CENTRE 1001sT /12TH /EAGAN PLACE 4TH ADDITIONS EASEMENT VACATION City Administrator Osberg noted the Council is being asked to open and close the public hearing and continue action on the vacation of public drainage and utility easements to coincide with action on the proposed CityVue Commons Addition final subdivision. Public Works Director Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and continue action on the vacation of public drainage and utility easements on Lot 1, Block 1, Town Centre 100 First Addition, Outlot A, Town Centre 100 Twelfth Addition, and Lot 2, Block 1, Eagan Place 4th Addition to coincide with action on the proposed CityVue Commons Addition final subdivision and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Osberg noted the public hearing is to consider approving final assessment for the delinquent utility bills and authorize certification to Dakota County for collection with property taxes. The City currently has approximately 893 utility bills accounts with delinquent balances. Osberg noted a letter of objection was received from S/A #103985. City Council Meeting Minutes September 2, 2014 3 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CERTIFY DELINQUENT NUISANCE ABATEMENT BILLS City Administrator Osberg noted the City Code allows for collection of delinquent nuisance abatement bills through certification to property taxes. At the August 4, 2014 City Council meeting, a public hearing was scheduled for September 2, 2014. The City currently has four properties with delinquent false alarm invoices, and two properties with delinquent diseased tree removal invoices. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 OLD BUSINESS There were no old business items to be heard. NEW BUSINESS CONDITIONAL USE PERMIT — BENNEROTTE & ASSOCIATES City Administrator Osberg noted the Council is being asked to approve a conditional use permit to allow a pylon sign on property located at 3085 Justice Way. Osberg noted the Advisory Planning Commission held a public hearing on August 26, 2014 and is recommending approval. City Planner Ridley gave a staff report. The Council discussed the conditional use permit. Mayor Maguire opened the 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 a conditional use permit to allow a pylon sign on property located at 3085 Justice Way, subject to the following conditions: Aye:5 Nay :0 City Council Meeting Minutes September 2, 2014 4 page 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The height of the sign shall be a maximum of 27 feet. 3. A Building Permit, with engineered drawings, is required prior to installation of the new sign. 4. An administrative sign Permit is required prior to installation of the new sign. 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit received July 30, 2014, 6. The pylon sign shall comply with all Sign Code requirements. 7. The sign exhibit shall be revised to correct the pylon sign square footage to be 96.73 sq. ft. 8. The brick base of the pylon pole shall match the brick of the principal building located upon the same property. CERTIFICATION OF THE PRELIMINARY 2015 BUDGET AND PROPERTY TAX LEVY, AND SETTING OF PUBLIC MEETING DATE ON WHICH THE BUDGET AND LEVY WILL BE DISCUSSED City Administrator Osberg introduced the item noting the Council is being asked to approve three actions. Osberg noted the total proposed levy is $30,221,113. Osberg announced the next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 2 at 6:30 p.m., right here in the Council Chambers. The public will be allowed to speak at this meeting. Finance Director Pepper highlighted the totality of the budget and was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the preliminary 2015 budget or property tax levy. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen noted the levy can be subsequently decreased, but not increased. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the preliminary payable 2015 property tax levy as following: Operating $23,761,100, Capital $5,134,809, Debt Service $204,276, Community Center deb service $1,120,928 for a total levy of $30,221,113. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the preliminary 2015 General Fund budget, including contingency, of $31,236,900. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to set the date for the public hearing of the 2015 levy and budget as December 2, 2014. Fields announced the next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 2 at 6:30 p.m., right here in the Council Chambers. The public will be allowed to speak at this meeting and is welcomed and encouraged by the Council. Aye: 5 Nay: 0 City Administrator Osberg noted the Virtual Budget Open House is scheduled for November 17th at 7:00 p.m. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Council Meeting Minutes September 2, 2014 5 page There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Fields noted the Food on 4 Wheels Event is scheduled for this Saturday, September 7th at the Eagan Festival Grounds at Central Park from 3 -7:00 p.m. 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 7:10 p.m. Aye: 5 Nay: 0 q -1 -1 III Date City Clerk