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06/05/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 5, 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. Ed & Caryl Crozier were present and addressed the Council regarding renovation of the Old Cedar Avenue Bridge. The City Council discussed the issue and asked staff to follow up with a letter to the City of Bloomington encouraging their acceptance of $2 million in federal funding to begin the design and specification stage to determine what is needed to restore the bridge. Kim Bernard & Gary Wilkie were present and addressed the Council requesting an amendment to City Code to permit backyard chickens in a clean, safe, and sanitary environment. City Council discussed the issue and asked staff to research and to report back at a future City Council workshop. A regular meeting of the Eagan City Council was held on Tuesday, June 5, 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 Tom Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison and Director of Parks and Recreation Johnson and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented /modified. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION The City Council and Police Chief McDonald recognized Detective Lori Tripp for her 32 years of service and retirement from the City. The City Council recognized Tom Hedges as 2011 Communicator of the Year by Minnesota Association of Government Communicators. CONSENT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. Tt was recommended to approve the minutes of the May 15, 2012, regular City Council meeting and the minutes of the May 8, 2012, Special City Council meeting as presented or modified B. PERSONNEL ITEMS 1. It was recommended to approve the hiring of Catherine Gadient, PT Office Support /GIS Specialist at Central Maintenance Facility 2. It was recommended to approve the hiring of Marie Segar, PT Fire Prevention Specialist 3. It was recommended to approve the hiring of Patrol Officers Calvin Tschida and Michael Schneider with the Police Department 4. It was recommended to approve the promotion of Russ Matthys for the position of Public Works Director 5. It was recommended to approve the hiring of seasonal employees C. It was recommended to approve Check Registers dated May 11, May 21, and May 25, 2012 City Council Meeting Minutes June 5, 2012 2 page D. It was recommended to approve the updated JPA for the ABLE (Apple Valley, Burnsville, Lakeville, Eagan) fire training facility E. It was recommended to approve a resolution to accept a $2,500 donation from CenterPoint Energy for the Fire Department for a rescue tool F. It was recommended to approve a resolution to accept a $5,000 donation from Casper's for the Fire Department for new firefighter helmets G. It was recommended to declare certain banners to be government signs for purpose of their display on the light poles on Central Parkway H. It was recommended to approve the Final Planned Development and Final Subdivision Stonehaven 4th Addition I. It was recommended to approve a Resolution Offering Social Security to Elected Officials Covered by the PERA Defined Contribution Plan J. It was recommended to approve a Resolution to accept a donation from Norma King to plant a tree in Thomas Lake Park and authorize the necessary budget adjustment K. It was recommended to approve the Manager Change of the On -Sale 3.2 Percent Malt Liquor (Beer) License for West End Gun Club L. It was recommended to approve the Encroachment Agreement — Oakwood Heights 3 rd Addition M. It was recommended to approve the Plans & Specs and Authorize Bids for Contract 12 -11 (2012 City -wide Trail Improvements) N. It was recommended to approve the Joint Powers Agreement with Dakota County Transportation Department for Pilot Knob Road Corridor Study (Project 1095) O. It was recommended to approve the Appeal Process for Water Meter Surcharges P. It was recommended to award Contract 12 -10, City -Wide Storm Sewer Improvements Q. It was recommended to approve the submission of an application for a Farmers Market Promotion Program Grant from the United State Department of Agriculture. R. It was recommended to approve the Annual Maintenance Agreement for Contract 11 -14 Conduit /Fiber to MP Nexlevel Consent E. Chief Scott introduced Shayna Bailey, Field Operations Advisor with CenterPoint Energy who presented the Eagan Fire Department with a $2,500 donation. Consent F. Chief Scott gave a brief summary of the $5,000 donation from Casper's to the Eagan Fire Department. PUBLIC HEARINGS There were no items for discussion. OLD BUSINESS ORDINANCE AMENDMENT — TO CHAPTER 10 RELATIVE TO OFF -LEASH DOG AREA REGULATIONS City Administrator Hedges introduced the item, noting that at the February 21 City Council meeting, the City Council directed preparation of an amendment to Chapter 10 relative to Off -Leash Dog Area regulations for the new off -leash dog area opening at Thresher Fields Park in the Summer of 2012. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 10 relative to off -leash dog area regulations, direct the City Attorney to publish the amendment in the legal newspaper, and approve a resolution amending the City Fee Schedule as amended. Aye: 5 Nay: 0 City Council Meeting Minutes June 5, 2012 3 page ORDINANCE AMENDMENT - TO CHAPTER 11 RELATIVE TO ESTABLISHING A MAXIMUM DENSITY FOR PROPERTIES ABUTTING A MINIMUM MAINTENANCE ROAD City Administrator Hedges introduced the item regarding establishing a maximum density for properties on a minimum maintenance road. The ordinance amendment would establish a maximum density of one dwelling unit per parcel to prevent further subdivision of property and intensification of development along such until such time as the street is upgraded and the minimum maintenance designation can be removed. City Planner Ridley gave a staff report. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to City Code Chapter 11, Section 11.70, relative to establishing a maximum density for properties on a minimum maintenance road. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT — LONE OAK GRILL - TO ALLOW AN EXPANDED PATIO WITH A GAMING AREA, OUTDOOR PATIO DINING, AND MODIFICATION OF EXTERIOR BUILDING MATERIALS LOCATED AT 3010 EAGANDALE PLACE IN THE NE 1/4 OF SECTION 10 City Administrator Hedges introduced the item stating the Advisory Planning Commission held a public hearing on May 22 and is recommending approval of the Planned Development Amendment. City Planner Ridley gave a staff report. City Council invited the applicant Joel Lehman to comment. Mr. Lehman conveyed his excitement in bringing a new dynamic, restaurant concept to Eagan in this space that will include outdoor activities such as bocce ball and curling. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to a Planned Development Amendment to allow an expanded patio with a gaming area, outdoor patio dining and modification of exterior building materials for property located at 3010 Eagandale Place, subject to the following conditions: Aye: 5 Nay:0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Elevation Plan 2. The site shall be developed in conformance with the approved plans: a. Site Plan dated March 28, 2012 b. Building Elevations dated March 28, 2012 City Council Meeting Minutes June 5, 2012 4 page 3. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 4. The on -sale alcohol license shall include and permit the service of alcoholic beverages in the outdoor dining area. 5. The outdoor dining area is subject to City Code requirements including sewer availability charges imposed as a result of the additional seating in the outdoor dining area. 6. A Building Permit shall be obtained for the exterior building material renovations and patio expansion. 7. Site Lighting shall be downcast and shielded to prevent glare and shall not be visible from the public right -of -way. ADOPT THE 5 YEAR PUBLIC WORKS CAPITAL IMPROVEMENT PLAN (2013 -2017) AND AUTHORIZE THE IMPLEMENTATION OF THE 2013 IMPROVEMENTS City Administrator Hedges introduced the item noting the 5 year Capital Improvement Plan (2013 -2017) Public Works Infrastructure (Part III) was presented at the Council Workshop on May 8, 2012. Director of Public Works Matthys gave a staff report. Mayor Maguire asked if anyone in the audience would like to comment on the 5 -year plan. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2013 -2017) and authorized the initiation of the public improvement process for the 2013 programmed improvements. Aye: 5 Nay: 0 LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY ATTORNEY There were no items for discussion. CITY COUNCIL COMMENTS City Council Meeting Minutes June 5, 2012 4 page Mayor Maguire noted that Councilmembers Fields and Tilley have filed for re- election to the Eagan City Council. Councilmember Bakken noted there is a transit of Venus, a dark disk moving across the face of the Sun happening today. CITY ADMINISTRATOR City Administrator Hedges noted under Consent Agenda Item B the hiring of Russ Matthys as Director of Public Works. The City Council congratulated Matthys. DIRECTOR OF PUBLIC WORKS There were no items for discussion. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted in the Development/Construction Activity Update that Murphy Warehouse is in the process of acquiring the property at 905 Yankee Doodle Road, the former Snyder's /Only Deals property. VISITORS TO BE HEARD Maureen Keegan was present and asked whether a transit station is planned at Cliff Road & Cedar Avenue. Councilmember Hansen and City staff responded to her questions. ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:22 p.m. Aye: 5 Nay: 0 Date _6 . 1C4 '�aZ Mayor Clerk