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2017-09-05 City Council MinutesMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 5, 2017 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. A closed session was held to discuss the settlement agreement in the Karel v. City of Eagan litigation. A regular meeting of the Eagan City Council was held on Tuesday, September 5, 2017 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, Director of Community Development Hutmacher, City Planner Ridley, Public Works Director Matthys, Director of Parks & Recreation Pimental, Police Chief McDonald, City Attorney Bauer, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted the addition to the Consent Agenda of Item AA. - Approve and authorize execution of a settlement agreement in the Karel v. City of Eagan litigation. 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 Bakken 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 the August 8, 2017 Special City Council meeting, as presented or modified. B. Personnel Items: 1. It was recommended to approve the City of Eagan Information Technology Policy to be incorporated into the City of Eagan Personnel Policy. 2. It was recommended to add 19.97 hours to the City Administrator's vacation hour balance. 3. It was recommended to approve the hiring of seasonal employees as Building Attendant, Park Maintenance, Lifeguard, Fitness Instructor, and Civic Arena Referee. 4. It was recommended to accept the resignation of the seasonal employees as Recreation Assistant, Park Maintenance, Utilities GIS, Building Attendant, GIS Intern, Recreation Leader, Sound Tech, Referee, Rink Attendant, Utilities Maintenance, ECC Guest Service Rep, Personal Trainer, Finance Intern, Landscape Crew, Park Laborer, Preschool Instructor, City Council Meeting Minutes September 5, 2017 2 page Preschool Assistant, Site Coordinator, Guest Services, Engineering Intern, Equipment Maintenance Worker, Ballfield Attendant, and Tennis Instructor. C. It was recommended to ratify the check registers dated August 11, August 18, and August 25, 2017. D. It was recommended to approve the ordinary and customary contracts from Aspen Waste System, Inc., Walgreens Co., and Selby Avenue Syncopaters. E. It was recommended to appoint Northland Securities as fiscal services consultant for bond issuance and financial planning advisory services, including continuing disclosure and arbitrage rebate calculations. F. It was recommended to authorize a Joint Request for Proposal with the City of Burnsville for design consulting services and estimates for a shared High Definition mobile production truck. G. It was recommended to approve a temporary on -sale liquor license and waive the license fee for People of Praise, MN Inc. on September 16, 2017 at 601 River Ridge Parkway. H. It was recommended to receive the Final Assessment Report for Project 1235 (Halley's 1st Addition — Street Improvements) and schedule a public hearing to be held on October 3, 2017. I. It was recommended to receive the Final Assessment Report for Project 1234 (Gopher Eagan Industrial Park—Street Improvements) and schedule a public hearing to be held on October 3, 2017. J. It was recommended to receive the Final Assessment Report for Project 1228 (Woodgate 2"d Addition —Street Improvements) and schedule a public hearing to be held on October 3, 2017. K. It was recommended to receive the Final Assessment Report for Project 1227 (Cedar Industrial Park—Street Improvements) and schedule a public hearing to be held on October 3, 2017. L. It was recommended to approve Change Order No. 1 to Contract 17-02 (Bur Oaks Pond Protection Project) and authorize the Mayor and City Clerk to execute all related documents. M. Item was removed. N. It was recommended to approve Change Order No. 1 for Contract 17-11 (2017 City-wide Sewer Lining — Sanitary Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve a Joint Powers Agreement between the City of Eagan, Dakota County and City of Inver Grove Heights for Project 1275 (Lone Oak Road (CSAH 26) Updgrade Improvements Feasibility Study/Preliminary Design — County Project No. 26-54), and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to authorize submittal of a Minnesota Clean Water Fund grant application for $500,000.00 to the Board of Water and Soil Resources for the Eagan Municipal Campus Stormwater BMPs Demonstration Project. Q. It was recommended to receive the bids for Contract 17-19 (Cedar Grove Area Entrance Monuments) and award a contract to Pember Companies, Inc. for the base bid in the amount of $440,449.02, and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve a Consulting Services Agreement for Project 1278 (Central Maintenance Facility — Phase 2 Improvements) with CNH Architects for a maximum fee of $204,500.00 and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to receive the petition to vacate public drainage and utility easements on Lots 1 and 2, Block 1, Viking Lakes and schedule a public hearing to be held on October 3, 2017. T. It was recommended to receive the petition to vacate public drainage and utility easements on Outlot B, Viking Lakes and schedule a public hearing to be held on October 3, 2017. U. It was recommended to approve Final Planned Development for Lot 3, Block 2, Oakview Center — Beyond Self Storage/No rthPoint Development. City Council Meeting Minutes September 5, 2017 3 page V. It was recommended to approve a Conditional Use Permit for an above ground 1,000 gallon fuel tank on property located at 3660 Dodd Road, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The above ground tank shall be maintained at the specified location on the Site Plan received July 27, 2017. 3. Installation of the tank shall follow requirements of the 2015 Minnesota Fire Code. 4. The protective bollards shall be maintained surrounding the tank as approved by the Eagan Fire Marshal and the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of fuel. 5. All Building and Mechanical Permits shall be completed and approved. 6. The applicant shall display NFPA 704 label to identify the product in the tank. 7. The applicant shall display a "No Smoking" sign. W. It was recommended to approve a Conditional Use Permit for outdoor storage of semi -trailers, equipment and bulk storage tanks for property located at 951 Apollo Road, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The property shall be platted by December 1, 2017. 3. The storage area shall be maintained in an orderly fashion. 4. Outdoor storage of semi -trailers, equipment and bulk storage tanks shall be permitted in the numbers and locations as delineated on the Site Plan received August 1, 2017. 5. The owner shall maintain all paved surfaces in good condition. 6. The applicant shall submit a Landscape Plan for City staff review and approval that identifies the type and size of proposed shrubs and shall meet minimum code requirements. 7. All landscaped areas shall be irrigated. 8. Landscaping shall be installed by June 1, 2018. 9. Concrete curb and gutter shall be constructed around the entire perimeter of the existing and proposed parking lot by June 1, 2018. 10. The applicant shall dedicate 5 -food drainage and utility easements along all property lines, and 10 -food drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage way within the plat. 11. Any gate shall have lock boxes installed with keys to allow emergency vehicle access. 12. The applicant shall provide a code review as to the storage quantities of each product within the bulk storage tank and show it is within the maximum allowable quantities allowed in the Fire and Building Code, at time of Building Permit. X. It was recommended to approve the final payment for Contract 17-14 (Citywide Traffic Signal and Street Light Painting) in the amount of $9,770.00 to OLS Restoration, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Y. It was recommended to accept a $150,000 federal High -Intensity Drug Trafficking grant on behalf of the Dakota County Drug Task Force. Z. It was recommended to approve a resolution to accept a donation from Heidi Kennelly. AA. It was recommended to approve and authorize execution of a settlement agreement in the Karel v. City of Eagan litigation. City Council Meeting Minutes September 5, 2017 4 page PUBLIC HEARINGS Variance — 4616 Kingsbury Drive — Shelstad City Administrator Osberg introduced the item noting the applicant is proposing to build an 18.5'x 34' addition to the rear of his garage. A Variance to the maximum building coverage is before the Council for consideration. City Planner Ridley noted the applicant provided some additional information today that confirms the county records were inaccurate and didn't count building coverage of a 3 -season porch that was added to the property in 1989. The new numbers result in an existing lot coverage of 18.3% (rather than 17.6%) and a 4.3% Variance (rather than 3.6%). Ridley also noted a letter of support was received. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. The Council discussed the variance request. Councilmember Fields moved, Councilmember Hansen seconded to close the public hearing and approve a 4.3% Variance to the allowed 20% maximum building lot coverage for property located at 4616 Kingsbury Drive, subject to the following conditions as amended: 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. The applicant shall obtain an approved Building Permit. 3. The garage shall meet R-1 setback requirements. 4. The garage addition shall comply with all applicable Zoning Ordinance and Building Code requirements. 5. The addition shall match the existing architecture and exterior materials. Lot 1, Block 3 Oakview Center & Lot 1, Block 1, Oakview Center 2nd Addition Easement Vacation City Administrator Osberg introduced the item noting the action to be considered is to close the public hearing and continue consideration of the vacation of public drainage and utility easements on Lot 1, Block 3 Overview Center, and Lot 1, Block 1, Overview Center 2nd Addition. Osberg noted Council action on the vacation should be continued to the consideration of the Oakview 3rd Addition Final Plat at a future Council meeting. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes September 5, 2017 5 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and continue consideration of the vacation of public drainage and utility easements on Lot 1, Block 3 Oakview Center, and Lot 1, Block 1, Oakview Center 2nd Addition. Aye: 5 Nay: 0 Certification of Delinquent Utility Bills City Administrator Osberg introduced the item noting the action to be considered is to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. At the July 31, 2017 Council meeting, a public hearing was scheduled for September 5, 2017. The City currently has 881 utility accounts with balances more than 60 days past due. The assessable amount of these accounts totals $199,245.75. Osberg noted the one-year assessment will be included in the property owner's 2018 property tax statement. The Council discussed the delinquent nuisance abatement bills. 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 approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 Certify Delinquent Nuisance Abatement Bills City Administrator Osberg introduced the item noting the action to be considered is to close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. At the July 31, 2017 Council meeting, a public hearing was scheduled for September 5, 2017. The City has three properties with delinquent false alarm invoices. The proposed assessment role includes one property with a delinquent refuse removal bill and one property with a delinquent mowing bill. A diseased tree removal is included in the proposed assessment roll. Osberg noted the assessable amount of the delinquent invoices is $2,643.50. 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 approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 OLD BUSINESS Reconsideration — Conditions of Approval (1815 Diffley Road) City Administrator Osberg introduced the item noting the item was before the Council on July 18, 2017. The Council approved four of the five Variances regarding signage. City Council Meeting Minutes September 5, 2017 6 page City Planner Ridley noted the building located at 1815 Diffley Road does not conform to City Code due to its placement adjacent or upon the location of the common lot line between lots 4 & 5, Block 1, Blackhawk Plaza. Thus, the property is non -conforming. The applicant's representative is asking for reconsideration of the replatting condition of approval. She believes the City's interests regarding Condition 2 can be adequately met via a lot combination. The narrative discusses conditions 4 & 6 to the landscape bed and retaining wall. Based on the property owner's revised approach for the landscape bed and retain wall, staff supports modifying conditions 4 & 6. The Council discussed whether or not to entertain the reconsideration request and asked City Attorney Bauer for clarification. Bauer noted the item should have read: Request to amend conditions of approval for the variances approved for the property located at 1815 Diffley Road. Lisa McCormick, representing the applicant, noted they are asking for an amendment of the conditions applied to the Variance not the CUP. She acknowledged that the building does not conform to City Code due to its placement adjacent or upon the location of the common lot line between Lots 4 & 5, thus the property is non -conforming. McCormick stated that because there is no change to the building or site plan being proposed she asked the Council to consider the lot combination approach that was the original condition of approval noting the applicant has already satisfied that condition by submitting the necessary request and tax payment required to have the two parcels combined into a single tax parcel. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council agreed no changes were needed to conditions 4 & 6. After further discussion, it was the consensus of the Council that because the lot combination would not resolve the nonconformity they were not interested in modifying the condition as approved. Therefore, no action was taken by the Council. NEW BUSINESS Rezoning and Preliminary Subdivision (Manley Gun Club) — Janet Manley City Administrator Osberg introduced the item noting the property is vacant and consists of two unplatted parcels. The Council is being asked to consider a rezoning from A, Agricultural, to R -IS, Residential Single —Small Lot and a Preliminary Subdivision to create 10 single-family lots, including a Variance to allow a cul-de-sac exceeding 500 feet in length, upon approximately 3.9 acres located west of Brooklyn Lane and east of Hwy 3. City Planner Ridley gave a staff report and provided a site map. The applicant, Kevin Manley, was present and available for questions. Mayor Maguire opened the public comment. Scott Swenson, West End Trap Club representative, noted their support of the development. He noted West End Trap Club is currently working with the applicant to install a 6' tall privacy fence along the north property line for safety reasons. There being no further public comment, he turned the discussion back to the Council. City Council Meeting Minutes September 5, 2017 7 page The Council, Kevin Manley and Scott Swenson discussed fencing requirements. After further discussion it was the consensus of the Council to add a condition regarding the installation of a fence. Mayor Maguire moved, Councilmember Tilley second a motion to approve a Rezoning from A, Agricultural, to R -IS, Residential Single —Small Lot upon approximately 3.9 acres located west of Brooklyn Lane and east of Hwy 3 bordering on Rosemount to the south. Aye: 4 Nay: 1 (Bakken) Mayor Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Manley Gun Club) to create 10 single-family lots, include a Variance to allow a cul-de-sac exceeding 500 feet in length, upon approximately 3.9 acres located west of Brooklyn Lane and east of Hwy. 3 bordering on Rosemount to the south, subject to the following conditions as amended: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C4, E1, F1, G1, H1, K1, L1. 2. The property shall be platted. 3. Prior to Final Subdivision, the accessory structure encroachment shall be removed. 4. At the time of Final Subdivision, The applicant shall provide an access restriction easement, in a form acceptable to the city attorney, prohibiting access from the south to 120th Court. 5. Prior to Final Subdivision, the applicant shall demonstrate that the proposed development would not cause the Gun Club to become out of compliance with State Statutes. 6. Because of the proximity of the development site to the West End Gun Club, the developer shall establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. 7. Architectural design and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA for all lots. Compliance with this standard shall be demonstrated at the time of application for Building Permit. 8. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 9. The drainage from the western portion of the site shall be modified in a manner acceptable to the City Engineer. 10. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new impervious surface area. 11. The proposed western basin shall be modified to either have no discharge up to back-to-back 1% -frequency 24-hour rain event or discharge in a manner that does not negatively affect any downstream neighboring properties. 12. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be City Council Meeting Minutes September 5, 2017 8 page revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 13. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of each proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the impervious drainage areas. 14. The applicant shall provide a minimum of 15 -foot -wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 15. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. 16. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration/bioretention basins. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 17. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 18. Any wells or septic systems within the development shall be abandoned in accordance with City and County standards. 19. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all home sites to permit third party providers to install FTTH within the neighborhood. The applicant shall provide such a plan for review and approval by City staff, for incorporation into the Development Agreement, and installation with the development. City Council Meeting Minutes September 5, 2017 9 page 20. Installation of a 6' tall privacy fence along the northern boundary from the east property line to at least the west edge of Lot 4 as shown in the Preliminary Cover Sheet dated April 19, 2017, with the latest revision dated August 3, 2017. Conditional Use Permits — Loco U & Me LLC (Yankee Tavern) City Administrator Osberg introduced the item noting the Council is being asked to consider approval of a Conditional Use Permit to allow an outdoor dining patio and a Conditional Use Permit to allow outdoor recreation up property located at 1755 Yankee Doodle Road. City Planner Ridley gave a staff report and provided a site map. Bill Kranz, legal counsel for the applicant, and Steve Enyeart, representing the applicant, addressed the Council regarding the waiver of platting. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. It was the consensus of the Council to waive the platting associated with issuance of the Building Permit for a structure expansion upon property located at 1755 Yankee Doodle Road, located at the northwest corner of Yankee Doodle Road and Hwy. 13. Councilmember Fields moved, Councilmember Bakken second a motion to approve a Conditional Use Permit to allow an outdoor dining patio upon property located at 1755 Yankee Doodle Road, subject to the following conditions as amended: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan 2. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 3. The outdoor dining patio shall provide outdoor seating of not more than 52 seats as shown on the Site Plan. 4. The property's parking areas shall be restriped consistent with the approved Site Plan to identify parking stalls and provide for sufficient drive aisle width by November 1, 2017. 5. If no curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of drainage and containment purposes. The first review will occur two years following approval of this permit. If the lack of curb and gutter is determined to be inadequate, the City will require that concrete curb and gutter be installed. 6. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. Notwithstanding this, the operation of business within an outdoor dining area also shall not occur between the hours of 1:00 a.m. and 7:00 a.m. 7. The applicant shall submit the proposal to the Metropolitan Council for a determination of any additional SAC (sewer availability charge) units. Payment of any associated. SAC fees shall be made before the patio is opened for use. City Council Meeting Minutes September 5, 2017 10 page Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow outdoor recreation upon property located at 1755 Yankee Doodle Road, subject to the following conditions as amended: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded with the Dakota County Recorder's office within 60 days of approval by the City Council, with the following exhibits: • Site Plan 2. Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 3. The property's parking areas shall be restriped consistent with the approved Site Plan to identify parking stalls and provide for sufficient drive aisle width by November 1, 2017. 4. If no curb and gutter is used for the perimeter of the proposed parking, driveways, and outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of drainage and containment purposes. The first review will occur two years following approval of this permit. If the lack of curb and gutter is determined to be inadequate, the City will require that concrete curb and gutter be installed. Certification of the Preliminary 2018 General Fund Budget and Property Tax Levy, and Setting of Public Meeting Date on Which the Budget and Levy will be Discussed City Administrator Osberg introduced the item noting the Council reviewed the 2018 and 2019 General Fund budget at the August 8, 2017 Council workshop. The 2018 budget presented at the workshop showed a 7.1% increase over 2017. Information was provided on the proposed use of the General Fund balance, including a carryover that is anticipated from 2017 to 2018 as a result of the compensation study. Tax on an average home represents an increase of $30 or 3.1%. While the average home value increased only 5.4%, the overall increase in existing residential property values was up almost 8%, thus percentage increases will vary from property to property. The City's tax capacity rate is estimated to decrease slightly from 37.385% to 36.366%, the result of a 5.2% increase in the tax capacity -based net local levy offset by an 8.0% increase in local tax capacity due to higher assessed property values. Osberg noted proposed Truth and Taxation hearing will be held at the December 5, 2017 Council meeting. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields second a motion to approve the preliminary payable 2018 property tax levy as follows: Operating, $28,034,600 Capital, $4,830,606 Abatement, $6,000 Debt service, $725,766 Community Center debt service (market value -based), $1,124,970 Total levy $34,721,942 To approve the preliminary 2018 General Fund budget, including contingency, of $35,983,800. City Council Meeting Minutes September 5, 2017 11 page To set the date for the public hearing of the Payable 2018 levy and budget as Tuesday, December 5, 2017. To make the following announcement: "The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 5, 2017 at 6:30 p.m., here in the Council Chambers. The public will be allowed to speak at this meeting." Aye:S Nay:O LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There was no administrative agenda to be heard. 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 8:15 p.m. Aye: 5 Nay: 0 Date 44 S�4 Mayor City Clerk /1,