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05/16/2017 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 16, 2017 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. A regular meeting of the Eagan City Council was held on Tuesday, May 16, 2017 at 6:00 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 Community Development Hutmacher, Public Works Director Matthys, Director of Parks and Recreation Pimental, Police Chief McDonald, City Attorney Dougherty, City Clerk Scipioni, 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 Recognize City Administrator Dave Osberg, Recipient of the Dr. Robert A. Barrett Award For Management Excellence Mayor Maguire recognized City Administrator Osberg on receiving the Robert A. Barrett Award for Management Excellence. Mayor Maguire continued by presenting a House Resolution from State Representative Laurie Halverson honoring Osberg on receiving the Barrett Award for Management Excellence. Osberg thanked the City Council and staff for the nomination and for attending the ceremony at Grand View Lodge the evening of May 4. Recognize Friends of the Farm Volunteers for their Volunteer Hours at Holz Farm Director of Parks and Recreation Pimental recognized Friends of the Farm Volunteers Dorothy Peterson and Bob Lane for their Volunteer Hours at Holz Farm. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 Councilmember Fields acknowledged May 21-27 as Public Works Week. A. There were no minutes to approve at this time. City Council Meeting Minutes May 16, 2017 2 page B. Personnel Items: 1. It was recommended to authorize the hiring of the following seasonal employees: Mikaela Bagley, Jack Fogelberg, Ronald Loesch, Coleman Mohrbacher, Walt Richard, Nicholas Schuetz, Kevin Sturgeleski, and James Thielen. 2. It was recommended to accept the resignation of Anthony Dale and authorize the recruitment and replacement of the Utility Maintenance Worker position. 3. It was recommended to accept the retirement/resignation of Kurt Schlegel and authorize the recruitment and replacement of the Street Maintenance Supervisory position. 4. It was recommended to authorize the hiring of Matt Brooks, IT Intern. C. It was recommended to ratify the check registers dated April 28 and May 5, 2017. D. It was recommended to approve the ordinary and customary contracts with RES Specialty Pyrotechnics, MP Nexlevel, LLC, Barbara Waltz, Juliet Parisi, Marie Biallas, Dorea Arguelles, Lynn O'Gorman, Nancy Wester, and Park Dental. E. It was recommended to approve a Shows License and Sound Amplification Permit for the Eagan Funfest Committee and a Temporary On -Sale Liquor License for the Eagan Lions for the July 4th Funfest, and to waive the fees for the Shows License, Sound Amplification Permit, Temporary On -Sale Liquor License, Special Event Permit, Eagan Community Center rentals and outdoor park area rentals. F. It was recommend to proclaim May 21 through 27, 2017 as Public Works Week, and authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to proclaim June 2017 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve a Construction Services Contracting Agreement with Max Steininger, Inc., and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to approve Change Order No. 4 to Contract 15-04 (Speery Tower Recommissioning), and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve the final payment for Contract 15-23 (Well No. 3 Restoration — Water System Improvements) in the amount of $41,794.10 to American Liberty Construction Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. K. It was recommended to approve Change Order No. 1 Contract 16-09 (2016 Water Quality Projects — Storm Sewer Improvements), and authorize the Mayor and City Clerk to execute all related documents; and to approve the final payment for Contract 16-09 (2016 Water Quality Projects — Storm Sewer Improvements) in the amount of $9,784.68 to Minnesota Dirt Works, Inc., and accept the improvements for perpetual City Maintenance subject to warranty provisions. L. It was recommended to approve the final payment for Contract 16-12 (2016 City-wide Sewer Lining — Sanitary Sewer Improvements) in the amount of $22,243.69 to Insituform Technologies USA, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. M. It was recommended to approve Change Order No. 2 to Contract 16-24 (Central Maintenance Facility — Security, Access Control and Paging Services), and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve Change Order No. 1 to Contract 17-03 (Cliff Lake Protection Project — Pond AP -42 Improvements), and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes May 16, 2017 3 page 0. It was recommended to receive the bids for Contract 17-15 (Wells 1 and 9 Rehabilitation — Water Improvements), and award a contract to E. H. Renner for the base bid in the amount of $79,045.00, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to adopt Findings of Fact, Conclusions and Resolution of Denial of a request for Planned Development Amendment to modify parking stalls at 1965 Cliff Lake Road. Q. It was recommended to approve a resolution and partnership agreement to accept a cash donation from the following organizations and direct the Mayor and City Clerk to sign the appropriate documents. R. It was recommended to receive the bid for Contract 17-16 (Bridle Ridge Park Building Remodel Project), award the contract to Dering Pierson Group for the base bid in the amount of $594,802 and authorize the Mayor and City Clerk to execute all related documents. There were no public hearings to be heard. PUBLIC HEARINGS OLD BUSINESS Ordinance Amendment — An Ordinance Amendment to City Code Chapter 5 Regarding the permitted hours of operation of off -sale liquor licenses City Administrator Osberg introduced the item noting the City Council directed preparation of the ordinance amendment at its May 2, 2017 meeting. City Code Chapter 5 allows off -sale liquor license holders to be open 8 a.m. to 10 p.m., Monday through Saturday. The State recently passed legislation that allows liquor stores to sell on Sundays from 11 a.m. to 6 p.m. Osberg noted the proposed ordinance amendment would adopt the permitted hours of operation for liquor stores as set forth in State Statute. Effective July 1, 2017, the permitted hours of operation for liquor stores is 8 a.m. to 10 p.m. on Monday through Saturday and 11 a.m. to 6 p.m. on Sunday. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded the motion to approve an ordinance amendment to City Code Chapter 5 regarding the permitted hours of operation of off -sale liquor licenses and direct publication of the ordinance amendment. Aye: 5 Nay: 0 Ordinance Amendment — An Ordinance Amendment to City Code Chapter 6 Regarding administrative approval of Excluded and Exempt Gambling Permits City Administrator Osberg introduced the item noting the City Council directed preparation of the ordinance amendment at its May 2, 2017 meeting. Nonprofit organizations holding raffles with prizes valued less than $50,000 or hosting bingo at four or fewer events are required by State Statute to apply with the Gambling Control Board for an Exempt/Excluded Permit. Part of the permit application requires a sign -off from the municipality where the raffle or bingo event will be held. Osberg noted City Code requires the Council approve Exempt/Excluded permits causing processing delays for the applicant. The proposed ordinance amendment would allow administrative approval of Exempt/Excluded Permits. Council approval would still be required for Premise Permits. City Council Meeting Minutes May 16, 2017 4 page 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 an ordinance amendment to City Code Chapter 6 regarding administrative approve of Excluded and Exempt Gambling Permits. Aye:5 Nay:0 NEW BUSINESS There was no new business to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. 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 6:52 p.m. Aye: 5 Nay: 0 Date Mayor ekak� - -t City Clerk