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2010-11-16 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 16, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley and Hansen. Councilmember Bakken was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Thursday, November 16, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields Tilley and Hansen. Councilmember Bakken was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, Assistant City Engineer, John Gorder, Administrative Services Director Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk, Mira Broyles. AGENDA City Administrator Hedges noted an addition to the Consent Agenda (item W.) Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire noted the passing away of Pete Poppler, retired Police Officer. A moment of silence was observed. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the November 4, 2010 regular City Council as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Seasonal Employees Jennifer Grundman, Jessica Mitchell, Nancy Saunders, Meghan Hovan, Elizabeth Lyon, Audrey Hamand, and Adam LeMere in Parks and Recreation. 2. It was recommended to approve the hiring of Jennifer Saver for the full-time Manager on Duty position at the Eagan Community Center. 3. It was recommended to approve the change in position of Recreation Program Supervisor – Special Events from .5 to 1.0 in the 2010 and 2011 General Fund Budgets, to eliminate a 1.0 FTE Park Maintenance Worker position in the 2010 and 2011 General Fund Budgets; and to add an 8 month seasonal time allocation in the 201 Parks and Recreation budget. C. It was recommended to ratify check registers dated October 28, 2010 and November 4, 2010 as presented. D. It was recommended to award contract for Audio Visual System to low bidder. E. It was recommended to award contract for Overhead Paging System to low bidder. F. It was recommended to approve the funding application of Dakota Valley Recycling to Dakota County for community landfill abatement funds to operate the 2011 Dakota Valley Recycling Program. G. It was recommended to approve a resolution to establish the 60 DNL as the Airport Noise threshold for preventative and corrective measures in the environs of Minneapolis – St. Paul International Airport. City Council Minutes November 16, 2010 Page 2 H. It was recommended to approve tobacco licenses for Northern Tier Retail LLC, dba SuperAmerica at 1406 Yankee Doodle Road, 4200 East Highway 13, 1379 Town Center Drive, and 2250 Cliff Road. I. It was recommended to approve the off-sale 3.2 percent malt liquor (beer) licenses for Northern Tier Retail LLC, dba SuperAmerica located at 1406 Yankee Doodle Road, 4300 East Highway 13, 1379 Town Centre Drive and 2250 Cliff Road. J. It was recommended to accept Dakota County CDA Resolution waiving rights to any and all Conditional Use Permits governing 3206 Sibley Memorial Highway and terminating same. K. It was recommended to approve the Fish Lake Nutrient Total Maximum Daily Load (TMDL) Implementation Plan for submittal to the Minnesota Pollution Control Agency. L. It was recommended to receive the Draft Feasibility Report for Project 1044, (Clearview Addition – Street Improvements) and schedule a public hearing to be held on December 21, 2010. M. It was recommended to receive the Draft Feasibility Report for Project 1047, (Johnny Cake Ride Road – Cliff Road to Apple Valley border – Street Improvements) and schedule a public hearing to be held on December 21, 2010. N. It was recommended to receive the Draft Feasibility Report for Project 1048 (Blue Cross Road – Street Improvements) and schedule a public hearing to be held on December 21, 2010. O. It was recommended to receive the Draft Feasibility Report for Project 1049, (Wilderness Run Road – Street Improvements) and schedule a public hearing to be held on December 21, 2010. P. It was recommended to approve the final payment for Contract 10-06 (Gold Trail / Woodhaven Park – Trail Improvements) in the amount of $2,246.15 to Aslakson’s Blacktopping Service, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. It was recommended to approve Change Order No. 5 to Contract 09-20 (Fire Safety Center / Station Trail – Site Grading & Utilities) and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve the final payment for Contract 10-19 (Waters Area – Storm Sewer Repair) in the amount of $19,000.00 to Minger Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. S. It was recommended to approve Change Order No. 1 to Contract 09-04 (Fish Lake Alum Dosing and Settling Basin – Water Quality Improvements) and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to accept a grant of $8,000 from the Metropolitan Regional Arts Council for a collaborative project with Eagan Parks and Recreation, Dakota Center for the Arts and local business partners and authorize the change to the 2010 budget. U. It was recommended to approve the application for the reissuance of the Municipal Separate Storm Sewer System General Permit and authorize the Mayor and City Clerk to execute all related documents. V. It was recommended to authorize the application of a grant from the Dakota County Public Health Department through a program called Improving Environments for Active Living. W. It was recommended to adopt a resolution authorizing the issuance of $415,000 General Obligation Equipment Certificates of Indebtedness on December 7. PRESENTATION OF COMMUNITY SURVEY RESULTS/DECISION RESOURCES Dr. Bill Morris of Decision Resources gave a presentation of the significant findings of the 2010 residential survey. PUBLIC HEARINGS PROJECT 1024, KENNEBEC DRIVE – STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Kennebec Drive street improvements. Assistant City Engineer John Gorder gave a staff report. City Council Minutes November 16, 2010 Page 3 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 the Final Assessment Roll for Project 1024 (Kennebec Drive – Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1015 – BLACKHAWK ROAD - STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Blackhawk Road. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Ron Stachcli and Bob Kruger expressed their concern and opposition to the assessment rate being based on R-4 zoning rather than single family. Lawrence Linkert discussed the Eagan Cemetery property and requested the assessment be waived. Council discussed the proposed assessment rate for the single-family residential properties and the possibility of postponing or deferring the assessments. It was the consensus of the Council to postpone the assessment until time of development. The Eagan Cemetery property was also discussed and it was decided to delete the property from the assessment roll. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve the Final Assessment Roll with deletion of Parcel numbers 10-14388-010-00 and 10-02000-011-80 for Project 1015 (Blackhawk Road – Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 Mayor Maguire moved, Councilmember Tilley seconded a motion to postpone assessments on Parcel Numbers 10-02900-010-06,10-02900-010-08, 10-02900-020-06, and 10-02900-030-08 until time of development. Aye: 4 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT – CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code Chapter 11.64, Subd. 7 regarding the Aircraft Noise Overlay District. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to City Code Chapter 11.64, Subd. 7 regarding Aircraft Noise Overlay District changing Land Use Compatibility Tables by redefining educational and medical uses. Aye: 4 Nay: 0 City Council Minutes November 16, 2010 Page 4 ORDINANCE AMENDMENT – CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code Chapter 11 relative to the definition of the Business Park Zoning District. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to City Code Chapter 11 relative to the definition of the Business Park Zoning District and direct the City Attorney to publish the amendment in the legal newspaper. Aye: 4 Nay: 0 NEW BUSINESS KUTOFF COURT – NO PARKING City Administrator Hedges introduced this item regarding possible parking restrictions for Kutoff Court. Community Development Director Hohenstein and City Engineer Matthys gave a staff report. A representative of Valley Sports stated that boats are not stored in the cul-de-sac, but at times it is used as a staging area. He requested that no restrictions be placed on parking in the cul-de-sac. A representative of Gopher Resources requested that no parking restrictions be made. A representative of Twin Cities Wire stated that a no parking designation would be detrimental to the businesses on Kutoff Court. Council held a discussion. Councilmember Tilley moved to approve a resolution to prohibit parking on the west side of Jutoff Court between Trunk Highway 149 and the cul-de-sac bulb, including said cul-de-sac bulb. Motion failed due to the lack of a second. Councilmember Fields moved, Mayor Maguire seconded a motion to approve a resolution to prohibit overnight parking in the cul-de-sac bulb. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA City Engineer Matthys discussed a purchase agreement in conjunction with Project 971, Duckwood Drive bridge and street improvements. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Purchase Agreement for Project 971 (Duckwood Dirve – Bridge and Street Improvements. Aye: 4 Nay: 0 VISITORS TO BE HEARD Margo Danner gave an update on the Tribute and Memorial Plaza. ADJOURNMENT City Council Minutes November 16, 2010 Page 5 Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:20 p.m. Aye: 4 Nay: 0 ____________________ Date __________________________________ Mike Maguire, Mayor __________________________________ Maria Petersen, City Clerk