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2010-01-19 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 19, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, January 19, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, Community Development Director Jon Hohenstein, Assistant City Engineer John Gorder, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA th City Administrator Hedges noted that there would be an update on the 150 celebration kick-off under Recognitions and Presentations. He also noted that under Legislative / Intergovernmental Affairs Update, an update would be given on a meeting held with Legislators; and a Closed Session will be held to discuss a meeting security plan, an EDA settlement agreement, an update on a supreme court decision, and the Miller lawsuit. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Lieutenant Greg Johnson was recognized for his thirty-two years of service with the Police Department. th City Administrator Hedges provided an update on the 150 celebration kick-off. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the January 5, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the revisions to the Drug/Alcohol Free Workplace Policy. C. It was recommended to ratify check registers dated December 23, 2009, December 30, 2009 and January 7, 2010 as presented. D. It was recommended to approve a 240-day extension of time to record the final plat for Valley View Plateau Plat 3, located at 1469 and 1467 Highview Avenue. E. It was recommended to direct staff to prepare an Amendment to City Code Chapter 11, Floodplain Management Ordinance, adopting new FEMA Flood Rate Insurance Maps and National Flood Insurance Program requirements. F. It was recommended to direct staff to prepare an ordinance amendment to City Code Chapters 2, 10, 11 to reflect the current State Building and Fire Codes. G. It was recommended to approve Ordinance Amendment regarding Building Code adoption. H. It was recommended to approve the telecommunications lease agreement with TTM Operating Corporation, Inc. for the Sperry Tower and authorize the Mayor and City Clerk to execute all related documents. City Council Minutes January 19, 2010 Page 2 I. It was recommended to authorize the preparation of a Municipal State Aid System Needs Analysis by Bolton & Menk, Inc., at a cost not to exceed the amount of $18,000.00 J. It was recommended to approve the 4-City Joint Powers Agreement for the Black Dog Watershed Management Organization and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve the plans and specifications for Contract 09-20 (Fire Safety Campus – Site Grading & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, March 9, 2010. L. It was recommended to approve the plans and specifications for Contract 10-04 (Fire Safety Center – Fire Station No. 2 and Administration Building) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 4, 2010. M. It was recommended to approve the 12-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the draft Feasibility Report for Project 1008, (Lexington Parkview – Street Improvements) and schedule a public hearing to be held on February 16, 2010. O. It was recommended to adopt an Update of the Alternative Urban Areawide Review for the Cedar Grove Redevelopment Area and authorize responses to comments. PUBLIC HEARINGS PROJECT 1023, EAGAN ROYALE / SAFARI ESTATES / AND SAFARI 3 & 4 ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Eagan Royale / Safari Estates / Safari 3 & 4 Additions. Public Works Director Colbert gave an overview of the pavement management program. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1023, Eagan Royale / Safari Estates / Safari 3 and 4 Additions (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 TH PROJECT 1025, OAK CLIFF 4 ADDITION STREET IMPROVEMENTS th City Administrator Hedges introduced this item regarding street improvements for Oak Cliff 4 Addition. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1025, Oak th Cliff 4 Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1020, THOMAS LAKE WOODS ADDITION STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Thomas Lake Woods Addition. Assistant City Engineer Gorder gave a staff report. City Council Minutes January 19, 2010 Page 3 Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve Project 1020, Thomas Lake Woods Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1024, KENNEBEC DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Kennebec Drive. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1024, Kennebec Drive (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 2010 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS 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 Bakken seconded a motion to appoint Councilmember Fields as Acting Mayor. Aye:4 Nay: 0 Councilmember Fields abstained. OFFICIAL LEGAL NEWSPAPER Motion was made by Tilley, seconded by Fields to approve retention of the ThisWeek Newspaper as the City of Eagan’s official legal newspaper. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the 2010 Schedule of City Council meetings as presented noting the alternate dates. Aye: 5 Nay: 0 2010 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 5 MAY 4 SEPTEMBER 7 JANUARY 19 MAY 18 SEPTEMBER 21 FEBRUARY 1* Monday JUNE 1 OCTOBER 5 FEBRUARY 16 JUNE 15 OCTOBER 19 MARCH 2 JULY 6 NOVEMBER 4 *** Thursday MARCH 16 JULY 20 NOVEMBER 16 APRIL 6 AUGUST 2** Monday DECEMBER 7 APRIL 20 AUGUST 17 DECEMBER 21 * Monday, February 1 due to Party Caucuses ** * Thursday, November 4 due to Election Day ** Monday, August 2 due to National Night Out There will be a Listening Session at 6:00 p.m. before each regular Council meeting. City Council Minutes January 19, 2010 Page 4 2010 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 12 MAY 11 SEPTEMBER 14 JANUARY 26 (tentative) MAY 25 (tentative) SEPTEMBER 28 (tentative) FEBRUARY 9 JUNE 8 OCTOBER 12 FEBRUARY 23 (tentative) JUNE 22 (tentative) OCTOBER 26 (tentative) MARCH 9 JULY 13 NOVEMBER 9 MARCH 23 (tentative) JULY 27 (tentative) NOVEMBER 23 (tentative) APRIL 13 AUGUST 10* DECEMBER 14 APRIL 27 (tentative) AUGUST 24 (tentative) DECEMBER 28 (tentative) *August 10 could possibly be the primary election – to be determined when Legislature votes 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. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields 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 Fields 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 Hansen 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 City Council Minutes January 19, 2010 Page 5 MSP Noise Oversight Committee – Councilmember Fields (Assistant to Admin. Miller as alternate) Dakota 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 OLD BUSINESS There were no Old Business items. NEW BUSINESS There were no New Business items. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided an overview of a meeting held with Legislative Delegation to discuss 2010 priorities on January 12, 2010. The meeting was recessed at 7:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:50 p.m. ADMINISTRATIVE AGENDA Public Works Director Colbert discussed the upcoming Inflow and Infiltration Mitigation Program / Policy in regard to clarification of the City’s financing options. Administrative Services Director VanOverbeke provided information that had previously been discussed at a Council workshop. Discussion was held regarding removal of the $1000 deductible and options for financial participation by the City. Councilmember Bakken moved, Councilmember Fields seconded a motion to amend the I & I policy to provide for 50% city participation for actual costs incurred by the homeowner without having to meet a deductable and any amount be available for financing. Aye: 3 Nay: 2 (Opposed: Maguire and Hansen) VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:45 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk