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06/02/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 2, 2015 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. Susan Friedline, 4852 Wellington Court, addressed the Council with her concerns regarding the speed limit on Sherwood Way and what the process would be to get it changed. City staff will follow up with Ms. Friedline. A regular meeting of the Eagan City Council was held on Tuesday, June 2, 2015 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, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Assistant Parks and Recreation Director Flewellen, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted one change to the Agenda, to remove Item G. Award Contract 15-10, Old Town Hall Repairs and Renovation. Osberg noted some last minute correspondence with additional documentation will need to be submitted to the Minnesota Historical Society for review and comment. Staff is looking to bring back the item to the June 16th Council meeting. Councilmember Bakken moved, Councilmember Fields -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 Hansen moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of May 12, 2015 special City Council meeting, and May 19, 2015 regular Council meeting as presented or modified. B. 1. It was recommended to authorize the hiring of seasonal and temporary employees for Cascade Bay, Park Maintenance, Engineering, and Water Resources. C. It was recommended to approve the check registers dated May 15, and May 22, 2015. D. It was recommended to approve the ordinary and customary contract with the City of Mendota Heights, Ford Eco Boost, 3rd Lair, ThyssenKrupp Elevator Corporation. E. It was recommended to approve a resolution to accept a donation from the Commons on Marice in the amount of $3,500 to purchase firefighter boots for the Fire Department and authorize the necessary budget adjustment. F. It was recommended to award Contract 15-17 to Universal Services, LLC for the construction of the conduit duct bank at Sperry Tower. City Council Meeting Minutes June 2, 2015 2 page G. Item was removed. H. It was recommended to authorize reallocation of 2013 and 2015 CDBG funds between Weatherization Plus, Senior Activities and Old Town Hall Restoration programs. I. It was recommended to authorize Notice of Termination of Joint Powers Agreement with Independent School District No. 191 for School Resource Officer. J. It was recommended to approve additions/revisions to the current Snow and Ice Control Policy. K. It was recommended to adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2016-2020), and authorize the initiation of the public improvement process for the 2016 programmed improvements. L. It was recommended to reject all bids for Contract 15-04, Sperry Tower Recommissioning, and authorize the rebidding of said Contract in 2016. M. It was recommended to receive the bids for Contract 15-13 (Pond JP -47.2 Sludge Removal), award a contract to New Earth USA, LLC, for the base bid in the amount of $89,000.00, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve the plans and specifications for Contract 15-16 (Parkcliff— Water Main Improvements), and authorize the advertisement for bid opening to be held at 10:30 a.m., on Thursday, July 16, 2016. 0. It was recommended to approve a Final Subdivision (Case Estates) to create ten lots upon approximately 4.5 acres located at 540 Diffley Road. P. It was recommended to receive the petition to vacate public easements on Outlot A and Lot 1, Block 1, Tesseract Addition, and to vacate Tesseract Place public right-of-way and schedule a Public Hearing to be held on July 7, 2015. Q. It was recommended to adopt a resolution approving an Exempt Permit for the Minnesota Blue Knights — Chapter IV to.conduct a raffle on June 13, 2015 at 1501 Central Parkway. R. It was recommended to approve a resolution to accept a donation of $1,500 from Ford Eco Boost for Eagan Market Fest Family Night Partnership and direct the Mayor and City Clerk to sign the appropriate document. PUBLIC HEARINGS Variance — 995 Cliff Road (Nancy Sweet) City Administrator Osberg introduced the item noting the Council is being asked to consider approval of a variance to make structural repairs and changes to a non -conforming structure upon property located at 995 Cliff Road. City Planner Ridley gave a staff report. Nancy Sweet, applicant, gave a summary of the request and was available for questions. The Council discussed the variance request. Councilmember Bakken asked staff - once the applicant has completed the work and the structure is in compliance with the City Ordinance is a variance necessary? He suggested the Council negate the need for the Variance and direct staff to issue the Building Permit subject to the permit reflecting the proposed changes in exterior finish materials to bring the nonconforming building into compliance with the City Code. After further discussion it was the consensus of the Council to avoid action on a Variance and instead issue a building permit. City Council Meeting Minutes June 2, 2015 3 page Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to issue a building permit in consideration of the plans that have been submitted to the City, and to refund the applications fees. Aye: 5 Nay: 0 OLD BUSINESS Ordinance Amendment — Definition of Local Street City Administrator Osberg introduced the item noting the City Council directed staff to initiate this amendment at their regular meeting of February 17, 2015. The Council is being asked to consider approving an ordinance amendment to Chapter 11, Section 11.70 to modify the definition of Local Street. City Planner Ridley gave a staff report. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to Chapter 11, Section 11.70 to modify the definition of Local Street. Aye: 5 Nay: 0 NEW BUSINESS Conditional Use Permit — Beacon Roofing Supply City Administrator Osberg introduced the item noting the Council is being asked to consider approval of two Conditional Use Permits on property located at 2922 West Service Road; to allow the outdoor storage of roofing shingle products, and to allow outdoor storage of a 26 -foot tall, 120 square foot pylon sign. City Planner Ridley gave a staff report. John Daring, applicant, gave a summary of the request and was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of roofing shingle products on property located at 2922 West Service Road, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. This CUP shall supersede and replace prior CUP's granted to this property. 3. The outdoor storage shall be limited to those items approved and located in the outdoor storage areas as identified on the Site Plan received April 28, 2015. City Council Meeting Minutes June 2, 2015 4 page 4. The applicant shall provide a Landscape Plan for staff review and approval that provides additional evergreen plantings to screen the outdoor storage from Center Court and West Service Road. 5. New and replacement landscaping shall be installed by October 1, 2015. 6. No additional outdoor storage shall be allowed. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. The applicant shall provide Knox lock boxes or Knox padlocks at all the gates for Fire Department access subject to review and approval by the City Fire Marshal. 9. A dead coniferous tree along the south/east property line shall be replaced by October 1, 2015. 10. The applicant shall restripe the parking stalls per City Code dimensional requirements. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of a 26 -foot tall, 120 square foot pylon sign on property located at 2922 West Service Road, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The pylon sign shall be setback a minimum of 10 ft. from all property lines. 4. The pylon sign shall be located as indicated on the Site Plan received April 28, 2015. 5. The pylon sign shall not exceed the dimensions as indicated on the Sign Exhibit dated April 28, 2015. 6. The pylon sign shall comply with all Sign Code requirements. 7. Landscaping shall be restored to the current condition and mulch and grass installed by October 1, 2015. Competitive Franchising Presentation — Consideration of Notice of Intent to Franchise and direction to staff to begin negotiations with CenturyLink City Administrator Osberg introduced the item noting Council may have recently seen news coverage out of Minneapolis of the city granting a new competitive cable franchise to CenturyLink. Osberg noted CenturyLink is interested in offering similar competitive packages to other Minnesota cities including Eagan. Brian Grogan, Eagan's cable franchise attorney, gave a PowerPoint presentation and was available for questions. The Council discussed the presentation. Patrick Haggerty, Centuryl-ink's attorney for Regulatory & Legislative Affairs, addressed the Council noting their excitement being the first applicant, in front of the Council, for a competitive cable franchise. City Council Meeting Minutes June 2, 2015 5 page Jim Hickle, Velocity Telephone Gigabit Minnesota, addressed the Council regarding his desire for consideration of a smaller franchise agreement and the area served. The Council indicated it welcomed all applicants. Councilmember Fields moved, Councilmember Bakken seconded a motion to direct publication of a Notice of Intent Franchise and to authorize staff to begin negotiations regarding franchise terms with respective applicant(s). Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to discuss. 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 7:23 p.m. Aye: 5 Nay: 0 �unc_. llo, aot5 Date ANV� Mayor • City Clerk