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05/18/2010 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 18, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, May 18, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community and Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted an items would be added to the Consent Agenda as items Q, R, and S. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Chief of Police McDonald recognized Sergeant Kevin McGrath’s retirement and his 27 years of service to the citizens of Eagan. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the May 4, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to authorize the appointment of Sergeant Steve Bolluty to Lieutenant and authorize his replacement. 2. It was recommended to accept the resignation of Sergeant Kevin McGrath and authorize his replacement. 3. It was recommended to authorize the appointment of Detective Richard Evans to Sergeant effective June 6, 2010. 4. It was recommended to authorize the appointment of Andrew Speakman to Sergeant effective July 19, 2010. 5. It was recommended to approve the hiring of Seasonal Employees in the Parks Department as follows: Lukas Lee and Joseph Morrison as Building Grounds Attendant II; Sarah Osojnicki, Coordinator; Jamie Sletten, Evan Guetzlaff, Hanna Engebretson, Allison Merkley, Hanna Pahr, Melanie Anderson, David Eddy, Wesley Kimball, Kelsey Nelson, Emily Kimball, Kayla Berntsen, Guest Services I; Cooper Rapp, Lifeguard; Lucas Peterson, Zachary Truskowski, Hunter Stai, Alyssa Weinstein, Teresa Digregorio, Brittni Schlegel, Jonathon Dale, Ashley Davis, Alyssa Giancana, Alexandra Emmons, Pool Attendants; Laura Brenberg, Katelyn Lutovsky, Park Attendants; Daniel Streefland, Brandon Hinke, Park Maintenance; Jennifer Saver, Evening Program Assistant; Michelle Finlon, Amber Orr, Preschool Teacher; Sara Morse, Rec Assistant Puppets; Julie Anderson, Madeline Bires, Tyler Mangan, Sarah Swenson, Recreation Assistants; Leh Beekman, Aaron Bray, Mark Burkhardt, Claire Opsahl, Kelsey Reger, Murphy Smiht, Recration Leaders; Lauren Whitacre, Recreation Leader/Site Coordinator; Kim Maczko, Start Smart Recreation City Council Minutes May 18, 2010 Page 2 Leader; Katie Pangborn, Preschool Instructor; Jocelyn Winter Recreation Program Assistant; Anna Pawlenty, Brenton Smith, Haley Juricko, John Opsahl, Jordyn Michaud, Kaitlin Mason, Katie Joyce, Kelly Fischer, Krista Wylie, Megan Mott, Molly O’Halloran, Nick Schuetz, Stephanie Sarne, Zachary Sheahan,Recreation Assistants; Brittany Dyshaw, Hillary Haynes, Kaylin Bertsch, Kimberlee Maczko, Lindsey Vandomelen, Matthew Mason, Megan O’Halloran, Meghan Galloway, Sarah Hannasch, Sarah Unmacht, Recreation Leaders; Anthony Lutovsky, Chelsea Eaton, Hilleary Reinhardt, Jenni Harms, Mark Hannasch, Brian Donahue, Nicole Fischer, Sam Reinhardt, Tennis Instructors; Craig Spande, Park Attendant. C. It was recommended to ratify check registers dated April 29, 2010 and May 6, 2010 as presented. D. It was recommended to approve a Tree Maintenance Contractor License for John Schaffenberger, Natural Contours Tree Care, 4305 Orion Lane. E. It was recommended to approve action to not waive the monetary limits on municipal tort liability. F. It was recommended to accept an amendment to the 2010 Grant from the State of Minnesota on behalf of the Dakota County Drug Task Force and approve a resolution authorizing execution of the agreement. G. It was recommended to adopt a resolution approving exempt permits for Dakota Woodlands to hold three raffles, one to be held at Green Mill Restaurant,1940 Rahncliff Road and two to be held at the Eagan Community Center, 1501 Central Parkway. H. It was recommended to approve change orders for Fire Safety Project 0902. I. It was recommended to accept a donation from Kay Brown Gustafson of 400 copies of the book “Aunt Gussie and the Grandfather Tree” to be distributed to the community. J. It was recommended to authorize the City Attorney to prepare an ordinance amendment to Chapter 10 of the Eagan City Code specific to potentially dangerous dogs. K. Item removed. L. It was recommended to approve Change Order Nos. 4 & 5 to Contract 09-12 (Diffley Road and Rahn Road – Intersection / Roundabout Improvements) and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to award Contract 01-05 (Farnum Drive Street Light Improvements) to Xcel Energy in the amount of $28,000 and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to authorize the preparation of plans and specifications by Bolton & Menk, Inc. for Contract 10-10 (South Water Treatment Plant – Facility Upgrade & Maintenance Repair). O. It was recommended to approve Telecommunication Lease Agreements with Clear Wireless LLC for new antenna installations on the Deerwood, Sperry and Lexington-Diffley water reservoirs and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to receive the petition to vacate public drainage and utility easements and street easements within the former Carriage Hills Golf Course property (Proposed “Stonehaven” development) and schedule a public hearing to be held on June 15, 2010. Q. It was recommended to reject electrical bid for Fire Safety Center and authorize rebid. R. It was recommended to approve a Recovery Zone Facilities Bond Application to the State of Minnesota for MN Hospitality Inc. S. It was recommended to approve meeting procedures for the Visitors to be Heard segment of the City Council meeting agenda for a period of time not to exceed ten minutes and not to be televised from May 18 – November due to a state law changing the primary election date. PUBLIC HEARINGS WESCOTT WOODLANDS RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding the vacation of a 10’ portion of the public right- of-way known as Wescott Woodlands that is unimproved and currently serves as a gravel driveway to three residences and a public trail connection to Wescott Hills Drive to the south. Public Works Director Colbert gave a staff report. City Council Minutes May 18, 2010 Page 3 Mayor Maguire opened the public hearing. Tony and Lynn Vinge, Carol Hesse, and Fred Wessel, adjacent property owners, each spoke asking questions in regard to who has responsibility for liability on the vacated property, what provisions the City would take to prevent motor vehicles using the trail, who would maintain the gravel road, and if plantings and improvements could be put on the right-of-way. There being no further public comment, Mayor Maguire turned discussion to the Council. Staff responded to the questions of the property owners. It was the consensus of the Mayor and Council to continue consideration of the right-of-way vacation to allow time for City staff and the neighborhood to reach specific agreements in light of the issues raised. It was also agreed that the Public Works Committee could review the issues if necessary. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration of the vacation of a 10’ portion of the public right-of-way known as Wescott Woodlands, reserving the trail, drainage and utility easements, until the September 21, 2010 City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS There were no items of Old Business. NEW BUSINESS There were no items of New Business LEGISLATIVE / INTERGOVERNMENTAL AFFARIS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:30 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk