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2010-12-21 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 21, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were, Councilmembers Fields, Tilley, Bakken and Hansen. Mayor Maguire was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Thursday, December 21, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmembers Fields Tilley, Bakken and Hansen. Mayor Maguire was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Colbert, Administrative Services Director 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 There were no recognitions or presentations. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the December 7, 2010 Regular City Council meeting as presented. B. Personnel Items. 1. Acknowledgment of the resignation of Maria Petersen, City Clerk (effective 12/22/2010)), and authorize her replacement. 2. Acknowledgement of the retirement of Karen Hangebrauck, Receptionist / Clerical Tech II (effective 1/7/2011), and authorize her replacement. 3. Acknowledgement of the retirement of Maria Pierce, Receptionist / Clerical Tech II (effective 1/7/2011), and authorize her replacement. 4. Approved hiring of Aaron Olson, Temporary Fire Inspector. 5. Approved hiring of Seasonal Employees in Parks and Recreation. 6. Discontinued the City practice of annually providing 40 hours of Administrative Leave to Department Directors. C. It was recommended to ratify check registers dated December 2, 2010, and December 9 as presented. D. It was recommended to approve a change in management on the on-sale 3.2 percent malt liquor (beer license for Sky Ventures, LLC, dba Pizza Hut #401023 located at 1325 Town Centre Drive. E. It was recommended to approve a change in management on the on-sale wine, Sunday wine and 3.2 percent malt liquor (beer) license for Smashburger Acquisition-Minneapolis, LLC, dba Smashburger located at 1270 Promenade Place. F. It was recommended to approve the On-Sale Wine, Sunday Wine and 3.2 Percent Malt Liquor (Beer) license for Wildcats Bar & Grill LLC, dba Wildcats Bar & Grill located at 1448 Yankee Doodle Road. G. It was recommended to approve a one year extension of the Conditional Use Permit approval for a communications tower upon property located at 980 Norview Park Road. City Council Minutes December 21, 2010 Page 2 H. It was recommended to approve a one-year extension of the Conditional Use Permit and Variance approvals for property legally described as Lot 1, Block 1, Spectrum Business Park in the NW ¼ of Section 2. I. It was recommended to approve the final payment for Contract 10-16 (Schwanz Lake Rain Gardens) in the amount of $11,255.50 to Urban Companies, LLC, and accept the improvements for perpetual City maintenance subject to warranty provisions. J. It was recommended to receive the petition to vacate public drainage and utility easement on Lots 1 and 4, Block 1 Eagandale Center Industrial Park No. 7 and schedule a public hearing to be held on January 18, 2011. K. It was recommended to approve the 2011 Parks and Recreation Department CIP for park improvements. L. It was recommended to approve the temporary on-sale liquor license and waive the license fee for Trinity School at River Ridge for a Winter Classic event on January 29, 2011. rd M. It was recommended to approve a one-year extension of time to record the final plat for Lone Oak 3 Addition, consisting of approximately 125 acres located south of I-494/O’Neill Drive and east of Lone Oak Parkway. PUBLIC HEARINGS 2011 FEE SCHEDULE City Administrator Hedges provided an overview of the notable changes to the proposed 2011 Fee Schedule. Acting Mayor Fields opened the public hearing. There being no public comment, she turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and adopt a resolution approving the 2011 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 4 Nay: 0 PROJECT 1044, CLEARVIEW ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements proposed for the Clearview Addition. Public Works Director Colbert gave an overview of the comprehensive Pavement Management Program. Assistant City Engineer Gorder provided an overview of the Feasibility Study. Acting Mayor Fields opened the public hearing. There being no public comment, she turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1044, Clearview Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1048, BLUE CROSS ROAD STREET IMPROVEMENTS Director Colbert introduced this item regarding street improvements proposed for Blue Cross Road. Assistant City Engineer Gorder provided an overview of the Feasibility Study. Acting Mayor Fields opened the public hearing. A representative of Delta Dental asked questions in regard to access to their property during the street improvement work, and if the improvements are only to Blue Cross’ driveways. Staff responded to his questions. City Council Minutes December 21, 2010 Page 3 There being no further public comment, Acting Mayor Fields turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1048, Blue Cross Road (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1049, WILDERNESS RUN ROAD STREET IMPROVEMENTS Public Works Director Colbert introduced this item regarding street improvements proposed for Wilderness Run Road. Assistant City Engineer Gorder gave a staff report. Acting Mayor Fields opened the public hearing. Tim Sheraton, President of the Oakwood Heights Homeowners Association expressed his opposition to the proposed assessment to the property owners within Oakwood Heights. He noted that their driveways access Oakwood Heights Circle rather than Wilderness Run Road. Staff explained that Oakwood Heights Circle is a private street that has access off of Wilderness Run Road, which is why the property owners would be assessed for the street improvements. Council suggested that Mr. Sheraton, along with other property owners, attend the assessment hearing to voice their opposition to the proposed assessment. There being no further public comment, Acting Mayor Fields turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1049, Wilderness Run Road (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENTS – CITY CODE CHAPTERS 7 & 10 City Administrator Hedges introduced this item regarding ordinance amendments regarding obstructions and excavations within public rights-of-way and obstructions and dumping on public property. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt the Obstructions and Excavations within Public Rights-of-Way regulations into City Code as Section 7.05 and Obstructions and Dumping on Public Property regulations into City Code as Section 10.32. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 7:10 p.m. to immediately convene a meeting of the Economic Development Authority. The regular meeting was reconvened at 7:15 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a change in management on the On-Sale Liquor and Sunday license for Bonfire Restaurant Company, LLC. City Council Minutes December 21, 2010 Page 4 Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a change in management on the On-Sale Liquor and Sunday license for Bonfire Restaurant Company, LLC, dba Axel’s Bonfire located at 1555 Cliff Road. Aye: 4 Nay: 0 City Administrator Hedges discussed a proposed ordinance amendment to Chapter Six of the City Code in regard to Body Art Establishment and Technician Licenses. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to Chapter Six of the City Code entitled “Other Business Regulation and Licensing” by amending Section 6.54 regarding body art establishments; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:30 p.m. Aye: 4Nay: 0 ____________________ Date __________________________________ Cyndee Fields, Acting Mayor __________________________________ Mira Broyles, Deputy City Clerk