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01/15/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 15, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. At 6:10 p.m., the City Council held a closed session to review and discuss labor negotiations. The closed session concluded at 6:28 p.m. A regular meeting of the Eagan City Council was held on Tuesday, January 15, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen, and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay :0 RECOGNITIONS AND PRESENTATION Police Chief McDonald recognized Officer Robert Wegner for his 24 years of service to the City of Eagan. CONSENT AGENDA Councilmember Hansen 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 18, 2012. B. Personnel Items 1. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve Check Registers dated January 4 and 10, 2013. D. It was recommended to declare used fire department pagers surplus and authorize their sale. E. It was recommended to approve issuance of revenue bonds by the MVTA to finance expansion of the Eagan Bus Garage. F. Item removed G. Item removed H. It was recommended to present the Feasibility Report for Project 1059, Eagan Woods Office Park - Street Improvements and schedule Public Hearing (February 19, 2013). I. It was recommended to present the Feasibility Report for Project 1099, Ted Wachter Addition (Civic Center Drive) — Street Improvements and schedule Public Hearing (February 19, 2013). J. It was recommended to present the Feasibility Report for Project 1106, Blackhawk Glen/ Blackhawk Ridge- Street Improvements and schedule Public Hearing (February 19, 2013). City Council Meeting Minutes January 15, 2013 3 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 1029 (South Oaks Addition —Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye:4 Nay :0 PROJECT 1065, LEXINGTON WAY - STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1065 provided for street improvements on Lexington Way. 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 1065 (Lexington Way— Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1102, WESTON HILLS ADDITION - STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1102 provided for street Councilmember Fields recused herself, noting she owns a property proposed to be assessed. Mayor Maguire opened the public hearing. Kevin Burke, 4681 Stratford addressed the Council and asked when the one -time payment of the final assessment would be due. Mayor Maguire answered the question. Ben Kruenegel, 4692 Weston Hills Drive addressed the Council noting he is supportive of the project and appreciated the presentation by Assistant City Engineer Nelson. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1102 (Weston Hills Addition — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 3 Nay: 0 PROJECT 1103, LEXINGTON POINTE EIGHTH —TENTH ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1103 provides for the street improvements on Lexington Pointe Eighth —Tenth Additions. Assistant City Engineer Nelson gave a staff report on the project Mayor Maguire opened the public hearing. City Council Meeting Minutes January 15, 2013 4 page A resident addressed the Council to find out how much the assessment would be and when the payments are due. Assistant City Engineer Nelson responded to the questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1103, (Lexington Pointe Eighth -Tenth Additions - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1110, WILDERNESS RUN SECOND & FOURTH STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1110 provides for the street improvements on Wilderness Run Second & Fourth. 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 Fields moved, Councilmember Hansen seconded a motion to approve Project 1110, (Wilderness Run Second & Fourth - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 1117, MANOR LAKE /LAKEVIEW TRAIL STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1117 provides for the street improvements on Manor Lake /Lakeview Trail. 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 Fields moved, Councilmember Tilley seconded a motion to approve Project 1117, (Manor Lake /Lakeview Trail - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 4 Nay: 0 VARIANCE — TOLL BROTHERS, INC. City Administrator Hedges introduced the item noting Toll Brothers, Inc. is requesting a 5 -foot Variance to the required 50 -foot front yard setback to allow construction of a single - family home at 1431 Wellington Way. Assistant City Engineer Nelson gave a staff report on the project. The applicant was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes January 15, 2013 5 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a 5' Variance to the required 50' minimum structure setback from a public right -of -way for property located at 1431 Wellington Way, subject to the following condition: Aye: 4 Nay: 0 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. CITY ORGANIZATIONAL BUSINESS City Administrator Hedges noted that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: ACTING MAYOR Mayor Maguire moved, Councilmember Hansen seconded a motion to appoint Councilmember Tilley as Acting Mayor. Aye: 4 Nay: 0 OFFICIAL LEGAL NEWSPAPER Motion was made by Councilmember Fields, seconded by Councilmember Hansen to approve retention -of- the -Sun Thisweek-N &wspaper -as- the- C- ity -of- Eagan =s- official - legal - newspaper —Aye Nay: 0 The Council directed staff to discontinue publishing City Council agendas in the legal newspaper, and continue posting the agendas on the City's website and at City Hall. CITY COUNCIL MEETING SCHEDULE Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the 2013 meeting scheduled as amended noting the alternate dates. Aye: 4 Nay: 0 2013 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS (Including January 2014 meetings) JANUARY 21 Wednesday MAY 21 OCTOBER 1 JANUARY 15 JUNE 4 OCTOBER 15 FEBRUARY 5 JUNE 18 NOVEMBER 4 3 Monday FEBRUARY 19 JULY 2 NOVEMBER 19 MARCH 5 JULY 16 DECEMBER 3 MARCH 19 AUGUST 5 2 Monday DECEMBER 17 City Council Meeting Minutes January 15, 2013 6 page APRIL 2 AUGUST 20 JANUARY 7, 2014 APRIL 16 SEPTEMBER 3 JANUARY 21, 2014 MAY 7 SEPTEMBER 17 IWednesday, January 2 due to New Year's Day 2Monday, August 5 due to National Night Out 3Monday, November 4 due to School District Elections There will be a Listening Session at 6:00 p.m. before each regular City Council meeting. 2013 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS (Including January 2014 Meeting) JANUARY 8 MAY 14 SEPTEMBER 10 JANUARY 29 (tentative) MAY 28 (tentative) SEPTEMBER 24 (tentative) FEBRUARY 12 JUNE 11 OCTOBER 8 FEBRUARY 26 (tentative-) JUNE 25 (tentative-) OCTOBER 22— (tentati MARCH 12 JULY 9 NOVEMBER 12 MARCH 26 (tentative) APRIL 9 APRIL 23 (tentative) JULY 23 (tentative) AUGUST 13 AUGUST 27 (tentative) NOVEMBER 26 (tentative) DECEMBER 10 (No tentative meeting the week of Christmas) JANUARY 14, 2014 JANUARY 28, 2014 (tentative) CITY COUNCIL MEETING PROCEDURES Councilmember Hansen moved, Councilmember Fields seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all regular City Council meetings, and approve the guidelines for public participation in City Council meetings. Aye:4 Nay:O Councilmember Tilley moved, Councilmember Fields seconded a motion to formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 4 Nay: 0 City Council Meeting Minutes January 15, 2013 7 page STANDING COMMITTEE APPOINTMENTS / REPRESENTATIVE APPOINTMENTS Councilmember Fields moved Councilmember Hansen seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as amended. Aye: 4 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 Intergovernmental Committee Appointments: wnnnesuLa vaney i ransiL MUMUHry ovary — wuncnnieniuer nanaen Municipal Legislative Commission Board — Mayor Maguire "Cedar Group ": Cedar Avenue (TH 77) Corridor Transportation Policy Advisory Committee (PAC) — Councilmember Hansen "Cedar Group ": Cedar Avenue (TH 77) Corridor Transportation Technical Advisory Committee (TAC) — Director of Community Development Hohenstein (Director of Public Works Matthys and City Planner Ridley as alternates) Monthly Mayor /Manager Breakfasts - Mayor Maguire DCC 2013 -2014 Board - Councilmember Hansen (Councilmember Fields as alternate) DCC 2013 -2014 Executive Board — City Administrator (Assistant City Administrator Miller as alternate) 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 as alternate) Robert Street Corridor Technical Advisory Committee (TAC) — Director of Public Works Matthys (Director of Community Development Hohenstein as alternate) Caponi Art Park Board — Parks and Recreation Director Seydell- Johnson Highway 77 Managed Lane /Cedar Grove Transit Access Policy Advisory Committee (PAC) — Mayor Maguire (City Administrator as alternate) Highway 77 Managed Lane /Cedar Grove Transit Access Staff Advisory Committee (SAC) — Director of Community Development Hohenstein (Director of Public Works Matthys as alternate) Highway 77 Managed Lane /Cedar Grove Transit Access Technical Advisory Committee (TAC) — Director of Public Works Matthys (Director of Community Development Hohenstein as alternate) City Council Meeting Minutes January 15, 2013 8 page Other (No appointment by City Council – information only): Testimony at Legislature - all as needed Metro Cities Delegate —Mayor Maguire will attend annual meetings Breakfast with Mayor / Chamber of Commerce - Mayor Maguire LIVIC Board of Directors - Mayor Maguire LMC & Metro Cities Policy Advisory Committees – various Councilmembers have served Intergovernmental Municipal Committee – Mayor Maguire (plus one additional Councilmember as appropriate per discussion) Fire Relief Association Board of Trustees —Mayor Maguire, Fire Chief Scott and Director of Finance Pepper NEW BUSINESS APPROVE A JOINT POWERS AGREEMENT BETWEEN THE CITY OF EAGAN AND DAKOTA COUNTY PERTAINING TO THE PURCHASE OF THE FINAL PORTION OF THE CAPONI ART PARK ministrator tleakes Inirociucea liem A. Approve a JOlni rowers of Eagan and Dakota County pertaining to the purchase of the final portion of the Caponi Art Park, Item B. Approve a Purchase Agreement between the City of Eagan and the Caponi Art Park Board to purchase the final portion of the Caponi Art Park, and Item C. Approve the Operating & Maintenance Agreement, Conservation Easement, Natural Resource Manage Plan and CAP Strategic Plan pertaining to Caponi Art Park, noting all three items are related to the Caponi Art Park and three different actions are sought from the Council. Director of Parks and Recreation Seydell- Johnson introduced the Caponi Art Park Board members in attendance and gave a staff report with additional history on the agreements. Craig Harris, Chair of the Caponi Art Park Board, addressed the Council thanking them for working with the Caponi Art Park to find a solution to preserving the park. Mayor Maguire asked if anyone in the audience would like to comment on the agreements. There being no public comment, he turned discussion back to the Council. The Council thanked Tony and Cheryl Caponi and the Art Park Board for their work on the Art Park and making it a true asset to the City of Eagan. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Joint Powers Agreement between the City of Eagan and Dakota County to secure ownership and land protection for the final portion of the Caponi Art Park operated by Caponi Art Park. Aye: 4 Nay: 0 City Council Meeting Minutes January 15, 2013 9 page APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF EAGAN AND THE CAPONI ART PARK BOARD TO PURCHASE THE FINAL PORTION OF THE CAPONI ART PARK Mayor Maguire asked if anyone in the audience would like to comment on the agreement. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve purchase agreement between the City of Eagan and the Caponi Art Park to secure ownership and land protection for the final portion of the Caponi Art Park operated by Caponi Art Park. Aye: 4 Nay: 0 APPROVE THE OPERATING & MAINTENANCE AGREEMENT, CONSERVATION EASEMENT, NATURAL RESOURCE MANAGEMENT PLAN AND CAP STRATEGIC PLAN PERTAINING TO CAPONI ART PARK Mayor Maguire asked if anyone in the audience would like to comment on the agreement. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Operating & Maintenance Agreement, Conservation Easement, Natural Resource Management Plan and CAP Strategic Plan pertaining to Caponi Art Park. Aye: 4 Nay: 0 The Council took a 10 minute break. CONSIDERATION OF ADDITIONAL SUSPENSION / REVOCATION — GRANITE CITY RESTAURANT OPERATIONS, INC. DBA GRANIT CITY FOOD & BREWERY ON -SALE LIQUOR LICENSE BASED UPON ITS FOURTH ALCOHOL SALES VIOLATION WITHN 36 MONTHS City Administrator Hedges introduced the item noting Granite City Food & Brewery, located at 3330 Pilot Knob Road, has had four alcohol sales violations in the past 36 months. In addition to the 30- day suspension Granite City is currently serving, City Code requires any licensee found to have four or more violations within a 36 -month period to appear before the Council for consideration of additional days of license suspension or license revocation. The Council discussed the suspension and expressed their concerns regarding alcohol being sold to minors. Representatives of Granite City explained the changes in corporate training along with required staff training /certification to ensure this does not happen again. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to impose no additional penalties upon the licensee. Aye: 4 Nay: 0 City Council Meeting Minutes January 15, 2013 10 page ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Councilmember Hansen noted he was honored yesterday to be elected Chair of the Suburban Transit Association. 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 8:52 p.m. Aye: 4 Nay: 0 Q -5.03 Date Mayor