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2010-09-07 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 7, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 7, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. 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 Sharon Hills and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Eagan Citizen’s Crime Prevention Association was recognized for their volunteer efforts and for th raising 36,648 pounds of food for the 150 Anniversary Food Drive. CONSENT AGENDA Councilmember Tilley asked to have Item Z pulled from the Consent Agenda for discussion and separate motion. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the August 17, 2010 regular City Council meeting and the August 9, 2010 Special City Council meeting as presented. B. Personnel Items. C. It was recommended to ratify check registers dated August 5, 2010, August 12, 2010, August 19, 2010 and August 26, 2010 as presented. D. It was recommended to approve a Massage Therapy Establishment License for Stephanie Dusenberry to operate a massage therapy establishment to be knows as Therapist of Pro Athletes MN located at 2020 Silver Bell Road #26. E. It was recommended to approve a Premise Permit for Eagan Lions Club to conduct lawful gambling at Old Chicago, 1312 Town Centre Drive. F. It was recommended to accept a grant from the Federal Government Port Security Grant Program in the amount of $5,000. G. It was recommended to direct the City Attorney’s office to prepare an ordinance amendment to Chapter 5 regarding the financial responsibility and insurance certificate requirements of liquor licensees to comply with state statutes. H. It was recommended to approve the list of staff members to serve as election judges on the absentee ballot board for the November 2, 2010 General Election. I. It was recommended to authorize the City Attorney’s Office to prepare an Ordinance Amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.34, Tobacco. J. It was recommended to authorize the submission of a grant from the Metropolitan Regional Arts Council for a capital grant for art exhibit supplies and equipment for the Eagan Community Center and the Eagan Municipal Center. City Council Minutes September 7, 2010 Page 2 K. It was recommended to accept a travel scholarship to attend the Arts Marketing Project National Conference. th L. It was recommended to accept a donation from the Eagan July 4 Funfest Committee to provide additional electrical service at the Central park Festival Grounds. M. It was recommended to direct staff to prepare an Ordinance Amendment defining post-secondary education, trade schools and medical facilities as office and commercial uses for noise compatibility purposes. N. It was recommended to direct staff to prepare ordinance amendments to City Code Chapter 11 relative to the definition of the Business Park Zoning District and Temporary Outdoor Events and Seasonal Sales. O. It was recommended to approve a one time waiver to the Eagan Community Center Outside Food th and Beverage Policy to allow for the 150 Anniversary Taste of Eagan event. P. It was recommended to approve the plans and specifications for Contract 09-04, (Fish Lake Alum Dosing and Settling Basin – Water Quality Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 30, 2010. Q. It was recommended to receive the Final Assessment Roll for Project 1008 (Lexington Parkview Addition – Street Improvements) and schedule a public hearing to be held on October 5, 2010. R. It was recommended to receive the Final Assessment Roll for Project 1018 (Greensboro Addition – Street Improvements) and schedule a public hearing to be held on October 5, 2010. S. It was recommended to receive the Final Assessment Roll for Project 1020 (Thomas Lake Woods Addition – Street Improvements) and schedule a public hearing to be held on October 5, 2010. T. It was recommended to receive the Final Assessment Roll for Project 1022 (Overhill Farms Addition – Street Improvements) and schedule a public hearing to be held on October 5, 2010. U. It was recommended to receive the Final Assessment Roll for Project 1023 (Eagan Royale / Safari ndrdth Estates 2 / Safari 3 & 4 Additions – Street Improvements) and schedule a public hearing to be held on October 5, 2010. th V. It was recommended to receive the Final Assessment Roll for Project 1025 (Oak Cliff 4 Addition – Street Improvements) and schedule a public hearing to be held on October 5, 2010. nd W. It was recommended to receive the final Assessment Roll for Project 1026 (Northview Meadows 2 Addition – Street Improvements) and schedule a public hearing to be held on October 5, 2010. X. It was recommended to receive the Final Assessment Roll for Project 1027 (Patrick Road – Street Improvements) and schedule a public hearing to be held on October 5, 2010. Y. It was recommended to approve Telecommunications Lease Agreements with Clear Wireless LLC for new antenna installations on the Safari water reservoir and authorize the Mayor and City Clerk to execute all related documents. Pulled for discussion. Z. It was recommended to approve a resolution requesting MnDOT to perform a speed limit study to establish the appropriate lawful speed limit on several collector streets. Councilmember Tilley asked if other streets could be added to the study, noting she had been contacted by residents with concerns to speed limits on Dodd and Elrene. Staff was directed to provide information at a future meeting. APPROVED: FIELDS – BAKKEN 5-0 AA. It was recommended to approve the On-Sale Wine and 3.2 Percent Malt Liquor (Beer) license for Phong Nguyen, dba Classic Saigon Restaurant, 1272 Town Centre Drive. BB. It was recommended to approve the On-Sale Liquor and Sunday license for Apple Minnesota LLC, dba Applebee’s Neighborhood Grill & Bar located at 1335 Town Centre Drive. PUBLIC HEARINGS There were no public hearings. City Council Minutes September 7, 2010 Page 3 OLD BUSINESS ORDINANCE AMENDMENT, CHAPTER 10.11 REGARDING RESTRAINT OF POTENTIALLY DANGEROUS DOGS City Administrator Hedges discussed this item regarding an ordinance amendment pertaining to the restraint of dogs that have been declared potentially dangerous. Chief of Police McDonald answered questions of the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an amendment to Eagan City Ordinance #10.11 regarding the restraint of dogs that have been declared potentially dangerous. Aye: 5 Nay: 0 NEW BUSINESS CERTIFICATION OF PRELIMINARY 2011 BUDGET AND PROPERTY TAX LEVY AND SETTING OF PUBLIC MEETING DATES City Administrator Hedges discussed the preliminary 2011 budget and property tax levy. He noted that the next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 7 at 6:30 p.m., in the Council Chambers. The meeting at which the final levy and budget will be determined is the City Council meeting of Tuesday, December 21 at 6:30 p.m. The public will be allowed to speak at these meetings. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary payable 2011 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy $ 27,054,888 Community Center bonds debt service 1,192,223 Cedarvale Special Services District 600 Total levy $ 28,247,711 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary 2011 General Fund expenditure budget, including contingency, of $27,687,900. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to set the date for the public hearing of the 2011 levy and budget as December 7 and the date for the final adoption of the 2011 levy and budget as December 21. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT – ALEXANDER’S MOVING AND STORAGE City Administrator Hedges introduced this item regarding the request for a conditional use permit for outside storage of 30 semi trailers and 13 trucks upon property located at 1980 Seneca Road. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outside storage of 30 semi trailers and 13 trucks upon property located at 1980 Seneca Road, legally described as Lot 2, Block 1, Cedar Industrial Park, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. City Council Minutes September 7, 2010 Page 4 2. The outdoor storage shall be limited to 30 semi-trailers and 13 trucks. The storage occurs as depicted on the Site Plan received July 23, 2010. 3. The storage area shall be maintained in an orderly fashion. 4. The proposed outdoor storage areas shall be surfaced with bituminous asphalt no later than July 1, 2011. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. Damaged portions of the storage area perimeter fence shall be repaired/replaced no later than November 1, 2010. 7. If the use of the building changes, or overflow parking becomes an issue in the future, some of the outdoor storage area shall be converted to off-street parking in the amount necessary to satisfy off-street parking needs within the site. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA There were no action items. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Council Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:30 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk