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2010-08-02 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 2, 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 Monday, August 2, 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 Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Bob Bauer and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted there would be a closed session in regard to a Supreme Court ruling. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire noted the passing of Terry Davis, and his 20-year volunteer service to the City. A moment of silence was observed. th Mayor Maguire thanked the coordinators of the 150 Anniversary Celebration Old Time Baseball Game which was held on August 1. CONSENT AGENDA Councilmember Fields 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 July 20, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to authorize the hiring of Keisa Nippoldt for the Clerical Technician III position in Community Development effective August 24, 2010. 2. It was recommended to approve the hiring of Seasonal Employees in Parks and Recreation division as follows: Daniel Paulus, Leah Rhode, Allyson Jones, Allyson Winter as Guest Services I at Cascade Bay. 3. It was recommended to authorize the revision of Personnel Policy 16.1.6 on Civic Duties C. It was recommended to ratify check registers dated July 15, 2010 and July 22, 2010 as presented D. It was recommended to accept a $50.00 donation from James and Mary Soukup E. It was recommended to authorize hiring a consultant for ABLE Fire Training Facility F. It was recommended to authorize the advertisement for bids to purchase replacement fire engine G. It was recommended to approve change orders for the Fire Safety Center H. It was recommended to approve an agreement with the Minnesota National Guard, allowing Eagan Police Officers to train at Camp Ripley on August 27, 2010. I. It was recommended to approve an addendum to the 2008 contract between the City of Eagan and Financial Crimes Services (FCS) City Council Minutes August 2, 2010 Page 2 J. It was recommended to award contract for Low Voltage Wiring to TRiCOM Communications for low voltage wiring for the new Eagan Fire Safety Building and authorize the Mayor and City Clerk to sign the appropriate documents. K. It was recommended to award a contract for Access Control and Video Surveillance Systems to UHL Company for the new Eagan Fire Safety Building and Eagan Fire Station 3 and authorize the Mayor and City Clerk to sign the appropriate documents. L. It was recommended to approve an amendment to the conditions of approval to extend the deadline for installing landscaping associated with approval of outdoor storage of commercial vehicles upon nd the property at 2005 Pin Oak Drive, legally described as Lot 1, Block 1, Rahn Ridge 2 Addition. M. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Sumac Ridge, consisting of 6 single-family lots on approximately 3 acres located at 4395 Dodd Road in the NW ¼ of Section 25. N. It was recommended to approve the plans and specifications for Contract 10-10 (South Water Treatment Plant – Facility Upgrade and Maintenance Repair) and authorize the use of Best Value Contracting in advertising for a competitive bid opening scheduled for 11:00 a.m., Thursday, September 9, 2010. O. It was recommended to approve the plans and specifications for Contract No. 10-16 (Rain Gardens – Schwanz Lake Direct Drainage / Golden Meadow Road) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, September 16, 2010. P. It was recommended to authorize submittal of an application to the Minnesota Pollution Control Agency (MPCA) for Clean Water Partnership Grant (Blackhawk Lake and Thomas Lake Management Plans). Q. It was recommended to approve a Resolution accepting a memorial donation from the Virginia Knight Family to the Eagan Historical Society and approve a budget adjustment increasing revenues and expenditures in the General Fund by $1,670 for the donation and its related expenditure. R. It was recommended to approve the 2011 Civic Arena budget, 2011 Civic Arena facility rental rate, and purchase of 2011 capital items in 2010. PUBLIC HEARINGS PROJECT 1033, CLIFF ROAD WATER MAIN IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 1033, Cliff Road Water Main Improvements. Public Works Director Colbert introduced Chad Davison of Bonestroo who presented an overview of the Feasibility Study. Mayor Maguire opened the public hearing. Twelve residents expressed their concern over the proposed assessments and questioned the benefit of the project to their property, given they have private wells and septic systems. A question regarding if property that is under water will be assessed and if the County will be assessed was asked. A petition in opposition to the assessments was also presented to Council. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmembers and staff discussed the following:  Assessment rates  Benefits of the project  Dedicated public easements, including conservation easements, which would be deducted from the Assessable area City Council Minutes August 2, 2010 Page 3  The trunk main on Wilderness Run Road not having enough capacity to support the project area  County has paid 100% of their related trunk area assessments as part of their connection to the water main  Policy on deferred or postponed assessments Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 1033, (Cliff Road – Trunk Water Main Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING SECTION 6.35, GAMBLING City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 6 as it pertains to gambling. He noted that the proposed amendment is related to changes made by the Legislature that would allow Cities or Counties to authorize lawful gambling which then allows the State Gambling Board to issue a premises permit. An additional section is also being proposed in regard to bingo being conducted by senior citizen organizations, nursing homes or senior citizen housing projects. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling. Aye: 5 Nay: 0 ORDINANCE AMENDMENT – CITY OF EAGAN City Administrator Hedges discussed a proposed ordinance Amendment to Chapter 11 as it relates to the placement of outdoor wood boilers. He noted that the proposed ordinance defines outdoor wood boilers and sets a minimum unit setback requirement of 300” from any property line. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.40 specifically as it relates to the placement of outdoor wood boilers. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY AND FINAL SUBDIVISION – CITY OF EAGAN City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision (Eagan nd Central Park 2 Addition) to create two parcels on 56.6 acres located at 1501 Central Parkway. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary nd Subdivision (Eagan Central Park 2 Addition) to create two parcels on 56.6 acres located at 1501 Central Parkway, in the SE ¼ of Section 9. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final nd Subdivision (Eagan Central Park 2 Addition) to create two parcels on 56.6 acres located at 1501 Central Parkway, in the SE ¼ of Section 9. Aye: 5 Nay: 0 City Council Minutes August 2, 2010 Page 4 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The meeting was recessed at 8:45 p.m. to immediately convene a meeting of the Economic Development Commission. The regular City Council meeting was reconvened at 8:50 p.m. ADMINISTRATIVE AGENDA City Administrator discussed a recommendation from the Finance Committee regarding proposed modifications to the Civic Arena rink space. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to solicit bids to build out training space in the West Arena; staff to undertake more detailed discussions with the Eagan Hockey Association representatives to assist in refining the proposal to develop additional information regarding a financing package; and staff be directed to develop revenue modeling and to work out a business plan for rental of the space. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Council Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:55 p.m. Aye: 5 Nay: 0 ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk