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11/04/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 4, 2019 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. Several Eagan residents addressed the Council with their concerns regarding airport noise. Mayor Maguire encouraged the residents to attend the Airport Relations Commission's joint meeting with City Council on November 12, 2019 at 5:30 p.m. A regular meeting of the Eagan City Council was held on Monday, November 4, 2019 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, Public Works Director Matthys, City Planner Schultz, Parks and Recreation Director Pimental, Communications and Engagement Director Ellickson, Finance Director Pepper, Police Chief New, City Attorney Dougherty and Executive Assistant Stevenson. Mayor Maguire noted in wake of the recent death of Patric Vitek on Friday morning, he is recommending adding to the agenda New Business B. — Project 1339, Diffley Road/Braddock Trail Intersection Improvement Update. The addition of this item will permit residents to comment on pedestrian and bike concerns along Diffley Road. AGENDA City Administrator Osberg noted the addition of New Business item B — Project 1339, Diffley Road/Braddock Trail Intersection Improvements Update. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the October 15, 2019 regular City Council minutes as presented or modified. B. Personnel items: 1. It was recommended to accept the resignation of Valeriano Garcia, FT Custodian for the Eagan Community Center and authorize replacement. City Council Meeting Minutes November 4, 2019 2 page 2. It was recommended to authorize the hiring of Judy Mueller, Clerical Technician for the Utilities Division. 3. It was recommended to authorize the hiring of Timothy Sperduto, Parks Maintenance Worker. 4. It was recommended to authorize the transfer of Kevin Sturgeleski from seasonal Tree Inspector to FT Tree Inspector. 5. It was recommended to approve the transfer of duties of Sergeant Dan Tocko from Patrol Sergeant to Detective Sergeant. 6. It was recommended to approve the transfer of duties of Sergeant Rich Evans from Detective Sergeant to Patrol Sergeant. 7. It was recommended to approve the policy change in Section 13 of the Employee Handbook regarding vacation accruals from the equivalent of 10 days of annual paid vacation leave (2 weeks) to the equivalent of 15 days of annual paid vacation leave (3 weeks). 8. It was recommended to approve the policy update in Section 16 of the Employee Handbook regarding Civic Duties. 9. It was recommended to approve the Memorandum of Agreement between the City of Eagan and the Law Enforcement Labor Services. 10. It was recommended to accept the resignation of Lori Peterson -Weitzel, Human Resources Manager, and authorize the recruitment and replacement of this position. C. It was recommended to ratify the check registers dated October 11 and 18, 2019. D. It was recommended to approve the ordinary and customary contract with Cora Williams, Burntside Memories, Caitlin Dowling, Polonia Odahara Novack, Greg Markstrom, Lynn O'Gorman, Barbara Waltz, Art Creative, Karen Ask, Mary Lewis, Nancy Wester, Judith Favia, Dorea Arguelles, Steve Sheehan, Mary Ellen Griffith, Juliet M Parisi Creations, Pat's Pots, Gypsy Heart Jewelry, Commons on Marice, Affinity, Hunger Solutions, and Vivia Knievel. E. It was recommended to approve a program license agreement with HID Global Corporation for the use of credential formats used to connect to the Citywide card access system. F. It was recommended to approve Change Order No. 2 for Contract 18-20 (City -Wide Intersections —Traffic Signal, Pedestrian and Street Lighting Improvements), and authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to approve the plans and specifications for Contract 19-29 (2019 Water Quality & Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, November 26, 2019 at City Hall. H. It was recommended to approve Change Order No. 1 and the final payment for Contract 18-19 (Lexington/Diffley Booster Station — Water Trunk Improvements) in the amount of $33,448.17 to Minnesota Mechanical Solutions, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. I. It was recommended to approve the final payment for Contract 19-02 (Lexington/Diffley Reservoir — Reconditioning) in the amount of $11,197.50 to Elevations Coatings Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. J. It was recommended to approve the first amendment to the telecommunication lease agreement with Verizon, for upgrades on the Lexington/Diffley Reservoir site and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to acknowledge the completion of Project 15-L (Gateway Business Park) and authorize perpetual City maintenance subject to warranty provisions. L. It was recommended to adopt a resolution approving a Premise Permit for the Eagan Lions Club to conduct lawful gambling at Bald Man Brewing, 2020 Silver Bell Road #25. City Council Meeting Minutes November 4, 2019 3 page M. It was recommended to approve a resolution to accept a grant from the Metropolitan Regional Arts Council in the amount of $10,000 for a Community Arts Grant. N. It was recommended to approve the work plan for the Energy Environment & Advisory Commission for the upcoming working year for that commission. O. It was recommended to adopt the list of projects 2020-2024 on the Parks Capital Improvement Plan (CIP) as presented to the City Council at a Special meeting on Monday, October 7, 2019 and authorize the initiation of the public improvements process for the 2020 programmed improvements. P. It was recommended to declare Fire Apparatus Surplus and authorize disposal and Approve replacement. Q. It was recommended to approve Settlement Agreement and Mutual Release with CenturyLink to settle past claims of franchise fee underpayment by CenturyLink. R. It was recommended to authorize submittal of a letter to the Transportation Advisory Board regarding the Regional Solicitation Program. There were no public hearings to be heard. PUBLIC HEARINGS OLD BUSINESS There were no old business items to be heard. NEW BUSINESS Planned Development Amendment —1629 Lena Court (Sparrow, LLC) City Administrator Osberg introduced the item noting the Council is being asked to consider a Planned Development Amendment to modify the restrictions prohibiting dedicated parking for property at 1629 Lena Court. City Planner Schultz gave a staff report and provided a site map. Tom Jalonack, owner of the property, explained the situation that led to this application. They are seeking the ability to place signs for hair salon, nail salon, and tutoring businesses. He stated the metal signs are sturdy but also heavy and hard to move, so they prefer to switch to an A -frame that would allow tenants to easily remove. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the Final Planned Development request. Councilmembers agreed they were not supportive of limited use of signs to reserve parking stalls for certain tenants, consistent with past requests. After further discussion it was the consensus of the Council to deny the request. City Council Meeting Minutes November 4, 2019 4 page Councilmember Fields moved, Councilmember Bakken seconded a motion to direct preparation of Findings of Fact for Denial a Planned Development Amendment to modify the restrictions prohibiting dedicated parking for property at 1629 Lena Court). Aye: 5 Nay: 0 Project 1339, Diffley Road/Braddock Trail Intersection Improvements Update Mayor Maguire noted we are deeply saddened by the death of Patric Vitek and he offered condolences to the family. Police Chief New provided an update on the accident. Director of Public Works Matthys provided an update on the status of Project 1339 (Diffley Road/Braddock Trail — Intersection Improvements) and a history on improvement considerations along the adjacent segment of Diffley Road over the past dozen years. Mayor Maguire opened the public comment, the following residents addressed the Council with their concerns regarding speed and traffic on Diffley Road: Janet Westenberg, 4241 Daniel Drive, Stacy Angerhofer, 4401 Braddock Trail, Michelle McGowan, 4245 Braddock Trail, Anne Gibson, 822 Bald Lake Court, Anurag Mathur and daughter, 4029 Deerwood Trail, Gino Rojas, Kathleen Schilling, 4220 Braddock Trail, Jennifer McGovern, 890 Wescott Trail, Cabrina Fouts, Marianne Passe, Petrus Fakkeldij, 958 Trillium Court, Holly Jenkins, 1130 Tiffany Point, Heidi Hegenbarth, 4319 Kirsten Court, Kathleen Schoeberl, 4217 Daniel Drive, Charles Rogers, 4213 Daniel Drive, Theresa Eisele, 4209 Braddock Trail, letter from Caroline Corner was read by Theresa Eisele, Olin Hagenbarth, Hilary Autry, 4386 Braddock Trail, Shana Fouts, 4460 Oak Chase Way, Rachel Lewine, 4313 Clemson Circle, Sara Smith, 977 Wildflower Court, John Dudley, representing Minnesotan's for Safe Driving, Joe Atkins, Dakota County Commissioner, Senator Jim Carlson, State Representative Laurie Halverson and Mike Barnes, MnDOT. There being no further comments, Mayor Maguire turned the discussion back to the Council. The Council and staff responded to questions and spoke to what the next steps will be. The Council continued with an open dialogue forum for those residents who had additional questions. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes November 4, 2019 5 page ADJOURNMENT Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at 10:30 p.m. Aye: 5 Nay: 0 �/ is 1 q Date ,A &O�:L Mayor ral City Clerk