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01/17/2012 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 17, 2012 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 representative from Fitz's Bar & Grill was present and addressed the Council regarding liquor licensing and food and liquor ratio. A regular meeting of the Eagan City Council was held on Tuesday, January 17, 2012 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 Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director Garrison, Public Works Director Colbert, City Engineer Matthys, Police Chief McDonald, Fire Chief Scott and Assistant City Engineer Gorder. AGENDA City Administrator Hedges requested an Administrative Agenda item be added under City Administrator, to be entitled, Phase II Fiber Installation. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the January 3, 2012 regular City Council meeting and December 13, 2011 Special City Council meeting as presented B. PERSONNEL ITEMS 1. It was recommended to amend the City Personnel Police Section 15.1 Funeral Leave from two (2) days to three (3) days paid bereavement leave as of 1/1/12 2. It was recommended to approve the hiring of Darrin Bramwell for the Fire Marshall position in the Fire Department 3. It was recommended to authorize the replacement of the position of Fire Inspector 4. It was to recommended to accept the retirement of Kristi Peterson, IT Manager, and authorize her replacement 5. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation 6. It was recommended to approve reclassifications in the Fire Department: Fire Inspector, Fire Chief, Deputy Fire Chief and Fire Marshal C. It was recommended to approve Check Registers dated December 29, 2011 and January 5, 2012 as Presented D. It was recommended to direct Greater MSP Operational Protocols to Council Finance Committee for Review E. It was recommended to approve extension of Conditional Use Permit and Variance (Spectrum Business Park) — Bricks and Mortar F. It was recommended to direct preparation of an Ordinance Amendment to City Code Chapter 10 relative to Special Assessments for refuse removal, diseased tree removal, mowing and noxious weed abatement, false alarm fees and board -ups G. It was recommended to approve Tree Maintenance Contractor License for Aspenwall Tree Service Inc. H. It was recommended to approve Tree Maintenance Contractor License for Rainbow Tree Care I. It was recommended to approve Contracts for three food catering providers for the Eagan Community Center and Authorize the Mayor and City Clerk to execute the appropriate documents J. It was recommended to approve a Contract for one alcohol catering provider for the Eagan Community Center and authorize the Mayor and City Clerk to execute the appropriate documents K. It was recommended to present Feasibility Report for Project 1066 (Coventry 1 & 2 Additions/ Country Hollow — Street Overlay) and Schedule Public Hearing (February 21, 2012) City Council Meeting Minutes January 17, 2012 2 page L. It was recommended to present Feasibility Report for Project 1069 (Cliff Ridge — Street Overlay) and Schedule Public Hearing (February 21, 2012) M. It was recommended to present Feasibility Report for Project 1070 (Oak Chase 4 (Oak Chase Circle) — Street Overlay) and Schedule Public Hearing (February 21, 2012) N. It was recommended to present Feasibility Report for Project 1071 (Signal Point/ Knob Hill — Street Overlay) and Schedule Public Hearing (February 21, 2012) O. It was recommended to present Feasibility Report for Project 1072 (Boulder Ridge (Heine Court) — Street Overlay) and Schedule Public Hearing (February 21, 2012) P. It was recommended to present Feasibility Report for Project 1075 (Great Oaks Lane/ Great Oaks Circle — Street Overlay) and Schedule Public Hearing (February 21, 2012) Q. It was recommended to approve Project 1082 (2012 Water Quality/Storm Sewer Improvements — Pond Sediment Removal) and Authorize Preparation of Plans and Specifications by Barr Engineering Co. R. It was recommended to approve Project 1087 (City-Wide Inflow & Infiltration Reduction — Sanitary Sewer Improvements) and Authorize Preparation of Plans and Specifications by SEH, Inc. PUBLIC HEARINGS VARIANCE — BALLANTRAE APARTMENTS City Administrator Hedges introduced the item regarding a variance to the side yard setback for garages and a variance to reduce the number of enclosed garage stalls required by City Code for the Ballantrae Apartments located at 3800 Ballantrae Road. City Planner Ridley gave a staff report and provided an overview of the property and the proposed improvements to the site, noting the apartment complex was developed in 1972 with 204 apartments. Kathy Anderson of Architectural Consortium, representing the applicant, provided a project summary and stated she and others were present to answer questions of the Council. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the City Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance to reduce the number enclosed parking stalls from 205 to 185 for property located at 3800 Ballantrae Road subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 -days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain building permits prior to any construction or demolition. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve three building setback variances of 16 -28' from the east property line for three single- loaded garage buildings on property located at 3800 Ballantrae Road subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 -days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain building permits prior to any construction or demolition. DRAINAGE & UTILITY EASEMENT VACATIONS — BALLANTRAE APARTMENTS City Administrator Hedges introduced the item regarding public drainage and utility easements within Lot 1, Block 1, Ballantrae 2 Addition. Director of Public Works Colbert gave an overview of the property located at 3800 Ballantrae Road along with the description of the drainage and utility easements to be vacated. City Council Meeting Minutes January 17, 2012 3 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to direct preparation of findings for denial of the petition to vacate pubic drainage and utility easements within Lot 1, Block 1, Ballantrae 2" Addition. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to direct preparation of an encroachment agreement to be returned for future Council consideration. Aye: 5 Nay: 0 PROJECT 1057 — HIGHVIEW ACRES (STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1057, Highview Avenue street improvements. Director of Public Works Colbert gave an overview of the City's pavement management program. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve Project 1057, Highview Avenue street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1058 — OSLUND TIMBERLINE —PINE RIDGE DRIVE (STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1058, Oslund Timberline —Pine Ridge Drive street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1058, Oslund Timberline —Pine Ridge Drive, street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1062 — KINGS WOOD /CUTTERS RIDGE /SHERWOOD DOWNS (STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1062 Kings Wood/Cutters Ridge /Sherwood Downs Additions street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. There was Council discussion regarding City policy for special assessments to properties located on private streets taking access to public street improvements. Mayor Maguire opened the public hearing. Resident Steve DeVries of 1469 Kings Wood Road asked for clarification on the difference in percentage participation between property owners and the City on street overlay projects. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1062 Kings Wood/Cutters Ridge /Sherwood Downs Additions street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 City Council Meeting Minutes January 17, 2012 4 page PROJECT 1073 — WESCOTT ROAD — DENMARK TO 600' EAST OF LEXINGTON /GLACIER DRIVE (STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1073, Wescott Road, from Denmark to 600' east of Lexington, and Glacier Drive street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1073, Wescott Road and Glacier Drive, street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 ORGANIZATIONAL BUSINESS City Administrator explained that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: ACTING MAYOR Councilmember Fields moved, Tilley seconded a motion to appoint Councilmember Bakken as Acting Mayor. Aye: 4 Nay: 1 (Bakken) OFFICIAL LEGAL NEWSPAPER Motion was made by Councilmember Fields, seconded by Councilmember Tilley to approve retention of the ThisWeek Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 CITY COUNCIL MEETING SCHEDULE Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the 2012 meeting scheduled as amended noting the alternate dates. Aye: 5 Nay: 0 2012 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS (Including January 2013 meetings) JANUARY 3 MAY 15 OCTOBER 2 JANUARY 17 JUNE 5 OCTOBER 16 FEBRUARY 8 1 Wednesday JUNE 19 NOVEMBER 7 4 Wednesday FEBRUARY 21 JULY 3 NOVEMBER 20 MARCH 6 JULY 17 DECEMBER 4 MARCH 20 AUGUST 6 2 Monday DECEMBER 18 APRIL 3 AUGUST 21 JANUARY 2, 2013 s Wednesday APRIL 17 SEPTEMBER 4 JANUARY 15, 2013 MAY 1 SEPTEMBER 19 3 Wednesday 'Wednesday, February 8 due to Precinct Caucuses 2 Monday, August 6 due to National Night Out City Council Meeting Minutes January 17, 2012 5 page 3 Wednesday, September 19 due to Rosh Hashanah 4 Wednesday, November 7 due to the General Election 5 Wednesday, January 2, 2013 due to the New Year's Day Holiday There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2012 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS (Including January 2013 Meeting) JANUARY 10 MAY 22 (tentative) OCTOBER 9 JANUARY 31 (Goals Retreat) JUNE 12 OCTOBER 23 (tentative) FEBRUARY 28 (tentative) JUNE 26 (tentative) NOVEMBER 13 MARCH 13 JULY 10 NOVEMBER 27 (tentative) MARCH 27 (tentative) JULY 24 (tentative) DECEMBER 11 APRIL 10 AUGUST 15 Wednesday No tentative meeting the week of Christmas APRIL 24 (tentative) AUGUST 28 (tentative) JANUARY 8, 2013 MAY 8 SEPTEMBER 11 'Wednesday, August 15 due to the Primary Election CITY COUNCIL MEETING PROCEDURES Councilmember Tilley moved, Councilmember Bakken seconded a motion to acknowledge and approve the Roberts Rules of Order used to conduct office business for the City Council meetings, the Council's past practice and policy for Visitors to be Heard during the Council candidate filing period (May 22, 2012 - November 6, 2012)) not to exceed ten minutes and will not be televised, and to formally ratify the practice that at least two members of the Council must make the request of the City Administrator to place an item on the upcoming City Council Agenda. Aye: 5 Nay: 0 STANDING COMMITTEE APPOINTMENTS / REPRESENTATIVE APPOINTMENTS Councilmember Fields moved Councilmember Bakken seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as amended. Aye: 5 Nay: 0 Standing Committees: Finance Committee: Mayor Maguire and Councilmember Bakken Public Works Committee: Councilmember Fields and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Fields Communications Committee : Councilmember Tilley and Councilmember Hansen Advisory Commission Liaisons: Advisory Parks and Recreation Commission: - Councilmember Tilley Advisory Planning Commission — Councilmember Hansen Airport Relations Committee — Councilmember Fields Energy and Environment Advisory Commission — Councilmember Bakken City Council Meeting Minutes January 17, 2012 6 page Intergovernmental Committee Appointments: Minnesota Valley Transit Authority Board — Councilmember Hansen Municipal Legislative Commission Board — Mayor Maguire Cedar Transitway Group — Councilmember Hansen (City Administrator Hedges as alternate) Monthly Mayor/Manager Breakfasts — Mayor Maguire DCC 2012 -2013 Board - Councilmember Hansen (Councilmember Fields as alternate) DCC 2012 -2013 Executive Board — City Administrator Hedges MSP Noise Oversight Committee — Councilmember Fields (Assistant City Administrator Miller as alternate) Eagan Convention and Visitors Bureau — Mayor Maguire Robert Street Corridor Steering Committee- Councilmember Tilley (City Administrator Hedges as alternate) Robert Street Corridor Technical Advisory Committee (TAC) — City Engineer Matthys (Community Development Director Hohenstein as alternate) Other: Testimony at Legislature — all as needed Metro Cities Board of Directors — Mayor Maguire Caponi Art Park Board — Parks and Recreation Director Seydell- Johnson Breakfast with Mayor / Chamber of Commerce — Mayor Maguire LMC Board of Directors — Mayor Maguire Fire Relief Association Board of Trustees —Mayor Maguire, Fire Chief Scott and Director of Administrative Services Intergovernmental Municipal Committee — Mayor Maguire (plus one additional Councilmember as appropriate per discussion/issue) OLD BUSINESS There are no items at this time. NEW BUSINESS There are no items at this time. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. ADMINISTRATIVE AGENDA City Administrator Hedges introduced the item regarding Phase II Fiber Installation, stating the Finance Committee met on Tuesday, January 17, 2012 to discuss Phase II of the fiber plans. Councilmember Fields moved, Councilmember Hansen seconded a motion to accept the recommendation of the Council Finance Committee to direct preparation of an RFP to determine the cost for Phase II Fiber build out and routing. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes January 17, 2012 7 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:22 p.m. Aye: 5 Nay: 0 Date r a Mayor City Clerk