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12/18/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN' CITY COUNCIL Eagan, Minnesota DECEMBER 18, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, December 4, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Superintendent of Utilities Eaton, Assistant City Engineer Nelson, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA Mayor Maguire took a moment of silence to acknowledge the tragic events in Newtown, Connecticut that occurred the morning of December 14, and passed along sympathies to the families and the community of Newtown. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay :0 RECOGNITIONS AND PRESENTATION The City Council and City Administrator Hedges recognized Assistant City Administrator Gene VanOverbeke for his 31 years of service to the City of Eagan and presented him with a plaque. Assistant City Administrator VanOverbeke thanked the City for the opportunity to serve. City Administrator Hedges introduced the 2012 Eagan Residential Survey results, noting every two years over the last decade the City has hired Decision Resources to conduct a random sample survey of Eagan residents to inform City Council and staff decision - making on city services. Hedges noted Communications Director Garrison began working with City staff and Decision Resources over the summer to define and refine question areas. Dr. Bill Morris, President of Decision Resources, Ltd., presented the results of the 2012 Community Survey. The City Council discussed the survey and commented on how much they appreciated City staff and was very pleased with the results. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of November 13, November 20 and December 4, 2012. B. Personnel Items City Council Meeting Minutes December 18, 2012 2 page 1. Approve the hiring of the Campus Facilities Manager on Duty "to be named ". 2. Approve the hiring of the Parks & Recreation Central Services Aide "to be named ". 3. Approve the proposed 2013 non -union Compensation Plan, 2013 Parks & Recreation Seasonal Compensation Plan, and the proposed 2013 City Wide Intern Compensation Plan. 4. Authorize replacement of Community Development Clerical Technician vacancy and to approve the reclassification of this position from Clerical Tech III to Clerical Tech IV. 5. Approve the reorganization in the Fire Department by appointing Darrin Bramwell, Fire Marshal to assume the duties of Deputy Fire Chief. C. It was recommended to approve check registers November 30 and December 7, 2012. D. It was recommended to approve the Eagan Volunteer Fire Relief Association Board Members' Salaries. E. It was recommended to adopt a Resolution accepting a $270 donation from Commons on Marice. F. It was recommended to approve a Memorandum of Understanding (MOU) between the U.S. Department of Veterans Affairs Police and the Eagan Police Department. G. It was recommended to adopt a Resolution accepting a $1000 donation from Wal -Mart. H. It was recommended to approve the final financing package for the Eagan Fire Safety Center and related improvements. I. It was recommended to approve the 2013 Enterprise Fund budgets for Public Utilities (Water, Sewer, Street Lighting, Storm Drainage /Water Quality), Cascade Bay, Community Center, and Fiber Infrastructure (AccessEagan). J. It was recommended to approve the 2013 Special Revenue Fund budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan fund, Cable TV Franchise Fees Fund, Cedar Grove Special Services District Fund, and E -TV Fund. K. It was recommended to approve a Professional Services Agreement with Hoisington Koegler Group for Central Area Small Area Study. L. It was recommended to waive the adjacent community review /comment period for a Comprehensive Plan Amendment for 3160 and 3170 Sibley Memorial Highway. M. It was recommended to receive a Petition to Vacate Public Drainage & Utility Easement, Lot 3, Block 1 Oaks of Bridgewater 3rd Addition, and Schedule Public Hearing for January 15, 2013. N. It was recommended to approve an Amendment to Consulting Engineering Fee Schedule (2013). 0. It was recommended to present aFeasibility Report for Project 1029 South Oaks Additions and Schedule Public Hearing (January 15, 2013). P. It was recommended to present a Feasibility Report for 1065 Lexington Way and Schedule Public Hearing (January 15, 2013). Q. It was recommended to present a Feasibility Report for Project 1102 Weston Hills Additions and Schedule Public Hearing (January 15, 2013). R. It was recommended to present a Feasibility Report for Project 1103 Lexington Pointe 8tn- 12t "and Schedule Public Hearing (January 15, 2013). S. It was recommended to present a Feasibility Report for Project 1110 Wilderness Run 2nd & 4t "and Schedule Public Hearing (January 15, 2013). T. It was recommended to present a Feasibility Report for Project 1117 Manor Lake /Lakeview Trail and Schedule Public Hearing (January 15, 2013). U. It was recommended to authorize an application of a grant from the Metropolitan Regional Arts Council for a Community Arts Grant. City Council Meeting Minutes December 18, 2012 3 page V. It was recommended to approve a Resolution to accept a donation of $1,000 from the Dakota Center of the Arts for new studio easels for the Eagan Art House. W. It was recommended to approve a change of manager for Axel's Bonfire's On -Sale Liquor License. X. It was recommended to approve Amendments to the AccessEagan non - exclusive network access and use agreement and property owner connection agreements. Y. It was recommended to approve an agreement and an amendment to the agreement with the State of MN Court Administration to allow our city prosecutors access to computerized Minnesota court data. Z. It was recommended to approve an Exempt Permit for Friendly Hills Middle School PTA to hold a raffle February 1, 2013 at Lost Spur Golf and Event Center. PUBLIC HEARINGS 2013 FEE SCHEDULE City Administrator Hedges introduced the item noting under Minnesota Statues the adoption of a fee schedule requires publication at least 10 days prior to a public hearing which was published on December 7, 2012. Fees are reviewed annually by staff with any fee increases proposed by the departments charging the fee. Hedges noted proposed increases are reviewed for propriety and compiled for presentation to the Council by the Finance Director. Finance Director Pepper was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and adopt a resolution approving the 2013 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 VARIANCE — PAUL DEVINE City Administrator Hedges introduced the item noting that this type of request comes directly to the City Council, with no action required by the Advisory Planning Commission. The variance requested is to exceed the maximum allowed building coverage (20 %) by 2% for a single family parcel located at 3620 Falcon Way. City Planner Ridley gave a staff report and provided additional history on the item. The applicant, Paul Devine was available for questions. The Council discussed the variance request. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Variance of 2% to the maximum building coverage for a single family parcel located at 3620 Falcon Way, subject to the following conditions: Aye: 5 Nay: 0 City Council Meeting Minutes December 18, 2012 4 page 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. A building permit shall be obtained prior to commencing construction. 3. The proposed addition shall not exceed 168 square feet at foundation. 4. The addition shall not exceed the height of the existing structure, and the roof design and style shall match the principal structure. 5. The addition shall be finished with exterior materials to match the existing principal structure. WELLHEAD PROTECTION PLAN City Administrator Hedges introduced the item noting an informational open house meeting was held on December 11, 2012, for all interested parties to review and discuss the proposed amendment and updated delineations. No one attended the meeting. On December 4, 2012, the draft amendment of the Wellhead Protection Plan was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with all interested parties in compliance with the Minnesota Wellhead Protection Rules. Public Works Director Matthys introduced Superintendent of Utilities Eaton who gave a staff report and provided additional history on the plan. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the draft Wellhead Protection Plan Amendment, Phase I, as presented and authorize the preparation of Phase II by Barr Engineering, Inc. Aye: 5 Nay: 0 Council took a 10 minute recess. PROJECT 1088, CEDAR GROVE BOULEVARD — PHASE 2 STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1088 provides for the street and utility improvements for Cedar Grove Boulevard within the Cedar Grove Redevelopment Area in northwest Eagan. Public Works Director Matthys gave a staff report and additional history on the project. Mark Kasma, a representative from Bolton & Menk, Inc., gave a presentation of the project and was available for questions. Council discussed the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1088, Cedar Grove Boulevard — Phase 2 (Street & Utility Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 City Council Meeting Minutes December 18, 2012 5 page PROJECT 1121, PATRICK ADDITION (HAY LAKE COURT) STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1121, provides for the street improvements for the Patrick Addition. Public Works Director Matthys introduced Assistant City Engineer Nelson who gave a staff report on the project. Council discussed the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1121, Patrick Addition (Hay Lake Court —Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1120, NICOLS ROAD (CEDAR GROVE PARKWAY to MEGHAN LANE) STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1120, provides for the street improvements for Nicols Road. Assistant City Administrator Nelson gave a staff report on the project. Council discussed the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1120, ( Nicols Road, Cedar Grove Parkway to Meghan Lane — Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1119, EAGANDALE CENTER INDUSTRIAL PARK STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1119, provides for the street improvements for Eagandale Center Industrial Park. Assistant City Engineer Nelson gave a staff report on the project. Council discussed the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Project 1119, ( Eagandale Center Industrial Park — Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 City Council Meeting Minutes December 18, 2012 6 page PROJECT 1118, DODD FARM (CALVIN COURT) STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1118, provides for the street improvements for Dodd Farm. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 1118, Dodd Farm (Calvin Court - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1046, OLD SIBLEY HIGHWAY STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1046, provides for the street improvements for Old Sibley Highway. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve Project 1046, Old Sibley Highway (Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1100, DODD FARM (CLIFF ROAD TO DIFFLEY ROAD) STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1100, provides for the street improvements for Dodd Farm. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1100, Dodd Farm (Calvin Court - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1097, SUMMER PLACE ADDITION /SUMMER PLACE SECOND ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1097, provides for the street improvements for Summer Place Addition /Summer Place Second Addition. Assistant City Engineer Nelson gave a staff report on the project. City Council Meeting Minutes December 18, 2012 7 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1097, Summer Place Addition /Summer Place Second Addition (Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 NEW BUSINESS There were no items for discussion. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges introduced the item noting the list of Eagan's 2013 legislative priorities and positions has been established to serve as a discussion guide for the Council and legislative delegation. Hedges added that the list purposely does not duplicate all of the policy positions supported by the City through the League of Minnesota Cities (LMC), Municipal Legislative Commission (MLC), and Metro Cities. The City's priorities and positions are not intended to be comprehensive of every legislative issue important to the City; however, the list does represent the more critical issues facing the City. Hedges noted the draft includes the additions suggested at the December 11 workshop. In keeping with past practice, the City's legislative priorities and positions will be sent to each member of Eagan's legislative delegation in advance of the January 8, 2013 Special City Council meeting, at which the Council and legislative delegation will have an opportunity to dialogue about the City's priorities and positions. The Council discussed the priorities and positions. The Council directed staff to include the results of the community survey along with Eagan's 2013 Legislative Priorities and Positions to Eagan's legislative delegation members. Councilmember Hansen suggested a change in the wording under State Budget and Impact on the City of Eagan, the last sentence of the third bullet to read as "and has benefitted from the elimination of the homestead credit." Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the City of Eagan's 2013 Legislative Priorities and Positions as amended. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Councilmember Hansen rioted he had the opportunity last week to participate and speak, as the MVTA Board Chair, at the soft launch of the Cedar Avenue Bus Rapid Transit Metro Red Line. Hansen noted one of the most popular displays regarding the whole project up and down Cedar Avenue was the Cedar Grove Redevelopment. Mayor Maguire noted the generous donations received at this year's Council Holiday Party; there was 261 lbs. of food and $685 collected for the Eagan Resource Center. City Council Meeting Minutes December 18, 2012 8 page There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:20 p.m. Aye: 5 Nay: D 1-15-13 Date / Mayor Clerk