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01/20/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 20, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. There were no visitors who wished to be heard. Mayor Maguire presented Mark Hotchkiss with a plaque for his 19 years of service to the City. A regular meeting of the Eagan City Council was held on Tuesday, January 20, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Also present were City Administrator Tom Hedges, Community Development Director John Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Assistant City Engineer John Gorder, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges announced that a Closed Session would be held regarding the Joey Browner litigation. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS The Oath of Office was administered to Councilmember Meg Tilley who was re-elected for a four year term. CONSENT AGENDA City Administrator Hedges noted an addition to Personnel Items. 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 January 6, 2009 regular City Council meeting and the minutes of the December 8, 2008 Special City Council meeting as presented or modified. B. Personnel Items. 1. It was recommended to approve the hiring of Julian Reytel, Brenda Lynch, James Cecil, Ron Braun and Ed Nelson as E-TV cablecasters. 2. It was recommended to accept the resignation of Howard Favilla and Tom Steffes. C. It was recommended to ratify check registers dated December 30, 2008 and January 8, 2009 as presented. D. It was recommended to approve a Public Purpose Expenditure Policy. E. It was recommended to approve the City of Eagan Section 115 OPEB Trust Agreement and the OPEB Administrative Account Agreement with PERA. F. It was recommended to approve a Tree Maintenance Contractor License for St. Croix Tree Service, Inc. G. It was recommended to approve a license for Heather Saman, Eagan Marathon, LLC to sell tobacco products at 200 Cliff Road. H. It was recommended to approve renewal of the Heart Healthy Living Program Agreement for Eagan Community Center. 1. It was recommended to approve the final payment to RJ Ryan Construction, Inc. in the amount of $22,512 for the completion of the Civic Arena West mezzanine. City Council Minutes January 20, 2009 Page 2 J. It was recommended to approve the selection of Twin City Catering, Classic Catering and Kowalski's as the exclusive catering providers for the Eagan Community Center from March 2009 through February 2012 and direct staff to prepare the appropriate contract for the Mayor's signature. K. It was recommended to approve the selection of Holiday Inn of Burnsville as the exclusive beverage provider for the Eagan Community Center from March 2009 through February 2012 and direct staff to prepare the appropriate contract for the Mayor's signature. L. It was recommended to authorize the advertisement for requests for proposals for virtual tour services for several facilities that will be hosted on the City of Eagan's website. M. It was recommended to approve the 2009 July 4th fireworks display contract with RES Specialty Pyrotechnics in the amount of $25,500 and authorize the Mayor and City Clerk to sign all appropriate documents. N. It was recommended to approve Change Order Number 11 for Contract 06-01, TH 149 Reconstruction. 0. It was recommended to approve the 11-City Joint Powers Agreement for Street Maintenance Contractual Services. P. It was recommended to approve the Water Supply and Distribution Plan for the City of Eagan dated July 2008. Q. It was recommended to approve the 2030 Comprehensive Sanitary Sewer Plan Amendment for the City of Eagan dated July 2008. R. It was recommended to approve the Transportation Plan for the City of Eagan dated August 2008. S. It was recommended to approve the On-Sale Liquor and Sunday license for BIBO Wine Bar and Restaurant located at 1629 Lena Court. T. It was recommended to approve the 2009 renewal of the 3.2 Off-Sale Malt Liquor (Beer) license for Oasis Market #594 located at 1286 Lone Oak Road. U. It was recommended to approve a Grant Amendment on behalf of the Dakota County Drug Task Force to receive funding from the Minnesota Office of Justice Programs. PUBLIC HEARINGS PROJECT 1000, GRACE DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the Grace Drive street improvements. Public Works Director Colbert gave an overview of the Comprehensive Pavement Management Program. Assistant City Engineer Gorder gave a staff report. 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 close the public hearing and approve Project 1000, Grace Drive (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1002, PINECREST OF EAGAN STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for the two cul-de-sac streets of Pinecrest of Eagan. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1002, Pinecrest of Eagan (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0. City Council Minutes January 20, 2009 Page 3 PROJECT 980, HAMPTON HEIGHTS / STONEY POINT / BLACKHAWK GLEN STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Hampton Heights, Stoney Point, and Blackhawk Glen. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Two residents spoke, questioning how the need for a street improvement is assessed, noting that the street is not in need of repair at this time especially given the economic times and the amount of taxes that Eagan residents already pay. The question of whether other city resources could be tapped for this project was also asked. Public Works Director Colbert discussed the Pavement Management Plan, noting how the need for street improvements are assessed. He also discussed the timing for the improvements and noted that this is a good time to get better bids from contractors. He further noted that 50% of the cost of the project would be paid by the City and 50% by the homeowner if the project proceeds as scheduled, however the City's portion would decrease to 25% should the adjacent property owners opt to postpone the overlay project. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 980, Hampton Heights, Stoney Point, Blackhawk Glen (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 CITY ORGANIZATIONAL BUSINESS City Administrator Hedges explained 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 Fields seconded a motion to appoint Councilmember Bakken as Acting Mayor. Aye: 4 Nay: 0 Bakken abstained. OFFICIAL LEGAL NEWSPAPER Motion was made by Tilley, seconded by Hansen to approve retention of the ThisWeek Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 City Council Minutes January 20, 2009 Page 4 Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the 2009 Schedule of City Council meetings as presented noting the alternate dates. Aye: 5 Nay: 0 2009 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 6 MAY 5 SEPTEMBER 1 JANUARY 20 MAY 19 SEPTEMBER 15 FEBRUARY 3 JUNE 2 OCTOBER 6 FEBRUARY 17 JUNE 16 OCTOBER 20 MARCH 3 JULY 7 NOVEMBER 2 Monday MARCH 17 JULY 21 NOVEMBER 17 APRIL 7 AUGUST 3* Monday DECEMBER 1 APRIL 21 AUGUST 18 DECEMBER 15 August 3 due to National Night Out November 2 due to Election Day There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2009 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 13 MAY 12 SEPTEMBER 8 JANUARY 27 (tentative) MAY 26 (tentative) SEPTEMBER 22 (tentative) FEBRUARY 10 JUNE 9 OCTOBER 13 FEBRUARY 24 (tentative) JUNE 23 (tentative) OCTOBER 27 (tentative) MARCH 10 JULY 14 NOVEMBER 10 MARCH 24 (tentative) JULY 28 (tentative) NOVEMBER 24 (tentative) APRIL 13 *Monday AUGUST 11 DECEMBER 8 APRIL 21 (tentative) AUGUST 25 (tentative) DECEMBER 22 (tentative) April 13 due to Passover CITY COUNCIL MEETING PROCEDURES Councilmember Fields moved, Councilmember Bakken 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 guideline/handout for public participation in Council meetings. City Council Minutes January 20, 2009 Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to ratify Council's past practice and policy that during the City Council filing period July - November, during an election year, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to 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: 5 Nay: 0 Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Tilley moved, Councilmember Bakken seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as listed. Aye: 5 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 Intergovernmental Committee Appointments: Minnesota Valley Transit Authority Board - Councilmember Tilley Municipal Legislative Commission Board - Mayor Maguire (appointed Chair of MLC in 2009) Cedar Corridor Committee - Mayor Maguire (City Administrator as alternate) Monthly Mayor/Manager Breakfasts - Mayor Maguire MSP Noise Oversight Committee - Councilmember Fields (Assistant to Admin. Miller as alternate) Dakota County Communication Board - Councilmember Hansen (Councilmember Fields as alternate) Eagan Convention and Visitors Bureau - Mayor Maguire Other: Testimony at Legislature - all as needed AMM Board of Directors - Mayor Maguire Caponi Art Park Board - Parks and Recreation Director Seydell-Johnson Breakfast with Mayor / Chamber of Commerce - Mayor Maguire Fire Relief Association Board of Trustees - Fire Chief, Mayor Maguire, Director of Admin. Services ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Elected Officials Out-of-State Travel Policy. Aye: 5 Nay: 0 City Council Minutes January 20, 2009 Page 6 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - CSM EQUITIES, LLC EAGAN PROMENADE City Administrator Hedges introduced this item regarding a Planned Development Amendment to permit a multiple tenant use with outside patio dining and on-sale liquor for restaurant use, located at 1270 Promenade Place. City Planner Ridley gave a staff report. John Ferrier, CSM, discussed the parking issues brought up by Panera Bread at the Advisory Planning Commission meeting. He stated that the two properties enjoy a reciprocal parking easement and that the agreement also limits the amount of restaurant space to 7,500 SF. He requested that restriction be placed on square footage rather than limiting the number of restaurants. Councilmembers asked about impervious surface before and after the proposed modification and asked the applicant if there could be more pervious surface added. A Landscape Architect, representing CSM,from Alliant Engineering discussed the impervious surface area, drainage issues and the additional cost of pervious pavers. Councilmembers held a discussion and asked Mr. Ferrier if he would consider the use of pervious pavers for all patio surface areas. Mr. Ferrier was agreeable to that suggestion. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to permit a multiple tenant use with outside patio dining and on-sale liquor for restaurant use, located at 1270 Promenade Place, legally described as Lot 6, Block 2, Eagan Promenade, in the SE of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations/Signage Plan • Landscape Plan 2. A liquor license shall be obtained from the City for each restaurant. On-sale liquor sales also shall comply and be operated in accordance with all relevant sate laws and regulations. 3. Each tenant shall be permitted one sign each on the front (west) and rear (east) elevations. End- cap tenants shall be permitted one additional sign on the respective north and south side elevations. In addition, the anchor tenant occupying the southern end cap shall be allowed an additional sign on the west elevation. 4. Signage shall be located only within the designated sign areas on the front and side elevations of the building, and within the sign band identified on the rear (east) elevation. Each sign on the east elevation shall have a minimum of 2.5' on each side, creating a minimum spacing of 5 feet between signs. 5. As prescribed by the Promenade PD, all building signs shall be individual channel letters. 6. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 7. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be required if necessary to achieve compliance. 8. The accessible parking stalls and ramp should be relocated further north to avoid this conflict. 9. To minimize glare and provide shielding as required by City Code, a flat lens model of light should be used. City Council Minutes January 20, 2009 Page 7 10. The restaurant spaces shall be limited to 7,500 square feet. 11. Permeable paver construction shall be used for any outdoor patio area. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:40 p.m. Date Administrative Secretary / Deputy Clerk