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2010-10-05 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 5, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Tilley and Hansen. Councilmember Fields was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, October 5, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Tilley and Hansen. Councilmember Fields was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Michael Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS th Assistant to the City Administrator Miller discussed the Taste of Eagan event to be held on October 14 at the Community Center. CONSENT AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the September 21, 2010 regular City Council meeting and the September 14, 2010 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to authorize the replacement of Matthew Mack, Full Time Mnager on Duty at the Eagan Community Center. 2. It was recommended to authorize the City of Eagan with the assistance of Gallagher Services, to issue a request for proposal to solicit pricing for Long Term Disability (LTD) plans and Employee Assistance Programs in conjunction with a LTD plan for the plan year beginning January 1, 2011. C. It was recommended to ratify check registers dated September 16, 2010 and September 23, 2010, as presented. D. It was recommended to adopt a resolution to approve the City of Prior Lake as a new member of the Suburban Transit Association. E. It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on January 29, 2011. F. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. G. It was recommended to award contract for the Fiber Optic cable installation for the Fire Safety Center to MP Nexlevel, LLC. H. It was recommended to approve the list of election judges for the November 2, 2010 General Election. I. It was recommended to set a public hearing for November 4, 2010 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. J. It was recommended to set a public hearing for November 4, 2010 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. K. It was recommended to set a public hearing for November 4, 2010 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. City Council Minutes October 5, 2010 Page 2 L. It was recommended to approve a resolution accepting a $1,000 donation from Frances Kuechler to be used by the Eagan Police Department to purchase equipment. M. It was recommended to adopt a Reoltuion accepting a $2700 donation from the Gopher Resource Corporation and its employees. N. It was recommended to approve a Wetland Bank Credit Withdrawal for Project 1007 (Fish Lake Alum Dosing & Settling Basin). O. It was recommended to approve an Amendment to Contract 10-05 (Farnum Drive – Street Light Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to authorize a variance to the Construction Activity Noise Regulations to extend night-time construction activity until midnight (12:00 a.m.), Monday, October 18 through Thursday, October 21, 2010, for Ryan Contracting, Inc., in completion of City Contract No. 10-09 (Cliff Road Trunk Water Main Improvements). Q. It was recommended to approve comments to the Metropolitan Council on their 2010 Update to 2030 Transportation Policy Plan. R. It was recommended to approve a resolution to prohibit parking on: 1. The west side of Blackhawk Road from Bluebill Drive to Palisade Circle, and Gabbro Trail to Taconite Trail; 2. The east side of Blackhawk Road from Taconite Trail to Gabbro Trail, and Palisade Circle to Silver Bell Road; 3. The north side of Deerwood Drive from Blackhawk Road to approximately 375 feet east; 4. Both sides of Denmark Avenue from Northwood Parkway to Lone Oak Road; and 5. Both sides of Clubview Drive from Denmark Avenue to Lexington Avenue. S. It was recommended to approve Change Orders No. 3 and 4 to Contract 09-20 (Fire Safety Center / Station Trail – Site Grading and Utilities) and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve a resolution authorizing the acquisition of Street, Trail, Drainage and Utility easements and Temporary construction easements for Project 971 (Duckwood Drive Overpass – Bridge and Street Improvements) through Eminent Domain proceedings, if necessary, and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to approve the list of additional staff members to serve as election judges on the absentee ballot board for the November 2, 2010 General Elections. V. This was recommended to approve a Tree Maintenance Contractor License for Ben Isder and Marv th Warzecha, B & S Tree Service, 23241 225 Avenue, Pierz, MN. PUBLIC HEARINGS City Administrator Hedges introduced eight public hearings regarding final assessments for street overlay improvements. Public Works Director Colbert discussed the City’s Pavement Management Program. PROJECT 1018, GREENSBORO ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1018, Greensboro Additions. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1018 (Greensboro Additions – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 City Council Minutes October 5, 2010 Page 3 RDTH PROJECT 1023, EAGAN ROYALE / SAFARI ESTATES / SAFARI 3 & 4 ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1023, Eagan Royale / Safari Estates / Safari rdth 3 and 4 Addition. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Final rdth Assessment Roll for Project 1023 (Eagan Royale / Safari Estates / Safari 3 & 4 Additions – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1022, OVERHILL FARM ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1022, Overhill Farm Addition. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1022 (Overhill Farm Addition – Street Overlay Improvements) and authorize its certification to Dakota County for collection). Aye: 4 Nay: 0 STTH PROJECT 1025, OAKCLIFF 1 – 4 ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING stth Public Works Director Colbert gave a staff report on Project 1025, Oak Cliff 1 through 4 Additions. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final stth Assessment Roll for Project 1025 (Oak Cliff 1 – 4 Additions – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1008, LEXINGTON / PARKVIEW ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1008, Lexington / Parkview Addition. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 1008 (Lexington / Parkview Addition – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 City Council Minutes October 5, 2010 Page 4 ND PROJECT 1026, NORTHVIEW MEADOWS 2 ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING nd Public Works Director Colbert gave a staff report on Project 1026, Northview Meadows 2 Addition. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the Final nd Assessment Roll for Project 1026 (Northview Meadows 2 Addition – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1020, THOMAS LAKE WOODS ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1020, Thomas Lake Woods Addition. Mayor Maguire opened the Public Hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1020 (Thomas Lake Woods Addition – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1027, PATRICK ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report on Project 1027, Patrick Road. Mayor Maguire opened the Public Hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1027 (Patrick Road – Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, SECTION 6.34, TOBACCO City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 6 as it relates to tobacco regulation and licensing. He noted that this amendment would bring the City into conformance with the Tobacco Modernization and Compliance Act of 2010 recently passed by the State Legislature as well as certain other housekeeping changes recommended by the City Attorney’s office. Councilmember Bakken asked about internet and mail order sales and it was noted that it is illegal in Minnesota to obtain tobacco through the mail or internet orders. City Council Minutes October 5, 2010 Page 5 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.34 Tobacco. Aye: 4 Nay: 0 ORDINANCE AMENDMENT CHAPTER 11, SIGNAGE OPTIONS City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11 as it relates to signage options for properties with freeway frontage. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code Chapter 11, Section 11.70, Subd. 28, relating to signage options for those properties with freeway frontage. Aye: 4 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – EAGAN PROMENADE SHOPPING CENTER (PROMENADE PLACE LLC) City Administrator Hedges introduced this item regarding a Planned Development Amendment to permit six tenants and eliminate the minimum tenant size requirement for a multi-tenant retail use on property located at 1270 Promenade Place. City Planner Ridley gave a staff report. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to permit six tenants and eliminate the minimum tenant size requirement for a multi-tenant retail use on property located at 1270 Promenade Place and legally described as Lot 6, Block 2, Eagan Promenade. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA Public Works Director Colbert discussed the contract for Fish Lake alum dosing and settling basin – water quality improvements. Councilmember Bakken moved, Councilmember Tilley seconded a motion to receive the bids for Contract 09-04, (Fish Lake Alum Dosing and Settling Basin – Water Quality Improvements) and award the contract to Stocker Excavating, Inc., for the Base Bid in the amount of $249,097.50, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Council moved, Councilmember seconded a motion to adjourn the meeting at 7: 30 p.m. Aye: 4 Nay: 0 City Council Minutes October 5, 2010 Page 6 ____________________ Date __________________________________ Mike Maguire, Mayor __________________________________ Maria Petersen, City Clerk