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12/16/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 16, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was not present. Joe Kinard addressed the Council with his concerns regarding airport emissions. Mayor Maguire acknowledged his concerns. At 6:18 p.m. a Closed Session was held to discuss labor negotiations. Present were Mayor Maguire, Councilmember Bakken, Councilmember Fields, Councilmember Hansen, City Administrator Osberg, Human Resources Manager Peterson and Finance Director Pepper. A regular meeting of the Eagan City Council was held on Tuesday, December 16, 2014 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 Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Assistant Finance Director Feldman, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Director of Parks & Recreation Johnson, Fire Chief Scott, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA City Administrator noted under Recognitions and Presentations Item A — Presentation of the 2014 Residential Survey Results was pulled and moved to the January 6, 2015 City Council meeting. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of December 2, 2014 regular City Council meeting and December 9, 2014 Special City Council meeting. B. Personnel Items It was recommended to accept the resignation of Michael Widstrom, Streets Maintenance Worker, and authorize hiring his replacement. It was recommended to approve filling the position of Streets Maintenance Worker with current employee Richard Robohm, effective January 5, 2015, and authorize hiring for his vacated position in Utilities. It was recommended to accept the promotion of Paul Watry to Park Operations Supervisor. City Council Meeting Minutes December 16, 2014 2 page 4. It was recommended to approve filling the vacant Parks Maintenance Worker position with current employee Robert Brown, December 22, 2014, and authorize hiring for his vacated position of Mechanic. 5. It was recommended to approve an adjustment to the 2014 compensation of the City Administrator by allocating 3.3 hours of vacation to offset a reduction in the City Administrator's salary to meet the State's salary cap law. 6. It was recommended to accept the resignation of Logan Anderson, Patrol Officer, and authorize hiring his replacement. 7. It was recommended to approve change in hours and reclassification of the Skating Coordinator position at the Eagan Civic Arena. 8. It was recommended to approve the proposed 2015 non -union Compensation Plan for all regular non - collective bargaining employees, which will reflect a 1% increase effective on or about January 1, 2015 and a 1% increase effective on or about April 1, 2015, to coincide with the pay period. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve the check registers dated November 28 and December 5, 2014. D. It was recommended to approve a Change in Management of the On -Sale Liquor License for Blazin Wings, Inc. doing business as Buffalo Wild Wings Grill & Bar, 1280 Promenade Place, E. It was recommended to approve exempt permit for Duck Unlimited South Metro Flyway to hold a raffle on February 7, 2015. F. It was recommended to receive the Draft Feasibility Report for Project 1158 (Cedar Grove 8th — Street Improvements) and schedule a public hearing to be held on January 20, 2015. G. It was recommended to receive the Draft Feasibility Report for Project 1074 (Braun Sunrise (Braun Court) —Street Improvements) and schedule a public hearing to be held on January 20, 2015. H. It was recommended to authorize Ordinance Amendments to Chapter 4 regarding mandatory 2015 Minnesota State Building Code and Minnesota Pollution Control Agency (MPCA) Subsurface Sewage Treatment System (SSTS) provisions. I. It was recommended to adopt a resolution authorizing the submittal of a CDA Redevelopment Incentive Grant (RIG) program application for assistance within the Cedar Grove Redevelopment Area. J. It was recommended to approve the selection of Green Mill, JB Restaurant Concepts, LLC dba Burnsville Catering and Mintahoe Catering as the exclusive catering providers for the Eagan Community Center from March 2015 through February 2018 and direct staff to prepare the appropriate contract for the Mayor's and City Clerk's signature. K. It was recommended to approve the selection of Pear One, Inc. dba RP Catering by Roasted Pear as the exclusive alcohol /beverage provider for the Eagan Community Center from March 2015 through February 2018 and direct staff to prepare the appropriate contract for the Mayor's and City Clerk's signature. L. It was recommended to approve the resolution and except the 2015 grant on behalf of the Dakota County Drug Task Force. M. It was recommended to approve a Joint Powers Agreement with the Dakota County Transportation Department for Project 1095 (Pilot Knob Road — Roadway and Signal Improvements) and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes December 16, 2014 3 page N. It was recommended to approve Change Order No. 4 to Contract 14 -04 (TH 55/149 Safety and Capacity Improvements) and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS 2015 Fee Schedule City Administrator Osberg noted the Council is being asked to approve the 2015 Fee Schedule establishing the fees for various City services, supplies and materials. Osberg gave a summary of the notable proposed changes for 2015. Assistant Finance Director Feldman was available for questions. The Council discussed the 2015 Fee Schedule. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and adopt a resolution approving the 2015 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 Variance — Joe & Barbara Miller — 3600 Sawgrass Trail South City Administrator Osberg noted the Council is being asked to approve a variance of 5' to the required 25' structure setback from a wetland buffer. A letter of support for the proposed improvements has been received. City Planner Ridley gave a staff report. Morgan Jenkins, Architect with Residential Design LLC, 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 Tilley seconded a motion to approve a Variance of 5' to the required 25' structure setback from a wetland buffer for property located at 3600 Sawgrass Trail south, 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. This Variance applies only to the porch addition as illustrated on the Site Plan received November 17, 2014. 3. The proposed addition shall be architecturally compatible with the existing structure. 4. The proposed addition shall be constructed consistent with the approved Site Plan and a Building Permit shall be obtained prior to construction. City Council Meeting Minutes December 16, 2014 4 page Project 1159 - Duckwood Drive Street Improvements Public Works Director Matthys introduced the item noting as part of Eagan's Pavement Management Program (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. Assistant City Engineer Nelson gave a staff report noting Project 1159 provided for the street improvements of Duckwood Drive, a collector street between Denmark Avenue and Lexington Avenue in central Eagan. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1159 (Duckwood Drive — Denmark Avenue to Lexington Avenue — Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Project 1141- Elrene Road Street Improvements Project 1167 - Thomas Lake Road Street Improvements Project 1170 — Wilderness Run Road Street Improvements Assistant City Engineer Nelson gave staff reports and presentations on the following street improvements: Project 1141— Elrene Road, Project 1167 — Thomas Lake Road, and Project 1170 - Wilderness Run Road. Mayor Maguire opened the public hearings on street improvements for Project 1141, Elrene Road; Project 1167, Thomas Lake Road and Project 1170, Wilderness Run Road. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve Project 1141 ( Elrene Road, Yankee Doodle Road to 200 feet south of Trails End Road — Street Improvements), Project 1167 (Thomas Lake Road — Cliff Road to Diffley Road — Street Improvements), Project 1170 (Wilderness Run Road — Pilot Knob Road to Capricorn Court — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Project 1174 — Yankee Doodle Road /Promenade Avenue/ O'Leary Lane Intersection Improvements City Administrator Osberg noted on September 16, 2014, the Council directed staff to prepare a feasibility report considering the intersection improvements at Yankee Doodle Road /Promenade Avenue and Yankee Doodle Road /O'Leary Lane for the 2015 construction season. Public Works Director Matthys provided the history and background of the project, including the 2007 Yankee Doodle Road Corridor Study recommendations accepted by the City and County. Matthys noted an informational meeting was held on December 9t" for the adjacent property owners and tenants to discuss the proposed improvements. All property owners that attended indicated their opposition to the median closure at O'Leary Lane. They feel a 3/ intersection City Council Meeting Minutes December 16, 2014 5 page (allowing left turns from westbound Yankee Doodle Road onto O'Leary Lane) would provide adequate access for the area. Tom Sohrweide, SEH Project Manager, presented the feasibility report and was available for questions. Kristi Sebastian, Traffic Engineer for Dakota County, was available for questions. Sebastian noted when looking at the request for a 3/ intersection (allowing left turns from westbound Yankee Doodle Road onto O'Leary Lane) the County will need to look at the operation, safety, mobility, and accessibility pieces again and bring those findings back to a future Council meeting. Mayor Maguire opened the public hearing. The following people addressed the City Council with their opposition to the median closure (right -in /right -out only) at O'Leary Lane: Clint Racine - owner of Culvers, Michael Shiftski - Senior Real Estate Manager with Ashland (Valvoline), Carol Elstad — representative of Elder Doyle LLC (Eagan Counseling Clinic), and Chad Sandey — property manager with MFC Properties Corporation. As a compromise, the presenters asked the Council to consider a % intersection (allowing left turns from westbound Yankee Doddle Road onto O'Leary Lane). There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the Yankee Doodle Road /Promenade Avenue /O'Leary intersection improvements. After further discussion it was the consensus of the Council to direct staff to modify the feasibility report to incorporate or to further consider the % intersection design at O'Leary Lane and bring back those recommendations to a future Council meeting. Councilmember Hansen moved, Councilmember Fields seconded the motion to continue the Public Hearing on Project 1174 (Yankee Doodle Road /Promenade Avenue /O'Leary Lane — Intersection Improvements) to the January 20, 2015 City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS Approve 2015 General Fund Budget and Property Tax Levy City Administrator Osberg noted the State requires cities over 2,500 in population to hold a public hearing on their proposed budget and tax levy for next year. The public hearing was held on December 2nd and closed by the City Council. At that meeting, a presentation of the General Fund budget and Property Tax Levy was provided. Osberg noted another piece of community outreach that is still playing on Cable TV is the Virtual Budget Connect that was conducted on Monday, November 17. On December 2, the City Council set December 16, 2014, for the 2015 General Fund budget and general Tax Levy consideration. The Council is being asked to approve the proposed General Fund budget at $31,236,900 and the proposed 2015 property tax levy at $30,221,113. Director of Finance Pepper was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded the motion to approve the General fund budget of $31,236,900 and approve a resolution adopting the final 2015 general levy of $30,221,133. Aye:5 Nay :0 City Council Meeting Minutes December 16, 2014 6 page NEW BUSINESS There were no new business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire congratulated Ed Nelson, a volunteer for E -TV, on his new position with 3M. He also noted at the Council Holiday Party, 129 pounds of food was collected along with over $600 cash contributions to The Open Door. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:00 p.m. Aye: 5 Nay: 0 /-(0-/,5 Date A A Mayor � I r City Clerk