01/17/2012 - City Council Regular MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JANUARY 17, 2012
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire,
Councilmembers Bakken, Fields, Hansen and Tilley. A representative from Fitz's Bar & Grill was present and
addressed the Council regarding liquor licensing and food and liquor ratio.
A regular meeting of the Eagan City Council was held on Tuesday, January 17, 2012 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present
were City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services
VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director
Garrison, Public Works Director Colbert, City Engineer Matthys, Police Chief McDonald, Fire Chief Scott and
Assistant City Engineer Gorder.
AGENDA
City Administrator Hedges requested an Administrative Agenda item be added under City Administrator, to be
entitled, Phase II Fiber Installation. Councilmember Tilley moved, Councilmember Hansen seconded a motion to
approve the agenda as amended. Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken 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 3, 2012 regular City Council meeting and December
13, 2011 Special City Council meeting as presented
B. PERSONNEL ITEMS
1. It was recommended to amend the City Personnel Police Section 15.1 Funeral Leave from two
(2) days to three (3) days paid bereavement leave as of 1/1/12
2. It was recommended to approve the hiring of Darrin Bramwell for the Fire Marshall position in
the Fire Department
3. It was recommended to authorize the replacement of the position of Fire Inspector
4. It was to recommended to accept the retirement of Kristi Peterson, IT Manager, and authorize her
replacement
5. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation
6. It was recommended to approve reclassifications in the Fire Department: Fire Inspector, Fire Chief,
Deputy Fire Chief and Fire Marshal
C. It was recommended to approve Check Registers dated December 29, 2011 and January 5, 2012 as
Presented
D. It was recommended to direct Greater MSP Operational Protocols to Council Finance Committee for
Review
E. It was recommended to approve extension of Conditional Use Permit and Variance (Spectrum Business
Park) — Bricks and Mortar
F. It was recommended to direct preparation of an Ordinance Amendment to City Code Chapter 10 relative to
Special Assessments for refuse removal, diseased tree removal, mowing and noxious weed abatement, false
alarm fees and board -ups
G. It was recommended to approve Tree Maintenance Contractor License for Aspenwall Tree Service Inc.
H. It was recommended to approve Tree Maintenance Contractor License for Rainbow Tree Care
I. It was recommended to approve Contracts for three food catering providers for the Eagan Community
Center and Authorize the Mayor and City Clerk to execute the appropriate documents
J. It was recommended to approve a Contract for one alcohol catering provider for the Eagan Community
Center and authorize the Mayor and City Clerk to execute the appropriate documents
K. It was recommended to present Feasibility Report for Project 1066 (Coventry 1 & 2 Additions/ Country
Hollow — Street Overlay) and Schedule Public Hearing (February 21, 2012)
City Council Meeting Minutes
January 17, 2012
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L. It was recommended to present Feasibility Report for Project 1069 (Cliff Ridge — Street Overlay) and
Schedule Public Hearing (February 21, 2012)
M. It was recommended to present Feasibility Report for Project 1070 (Oak Chase 4 (Oak Chase Circle) —
Street Overlay) and Schedule Public Hearing (February 21, 2012)
N. It was recommended to present Feasibility Report for Project 1071 (Signal Point/ Knob Hill — Street
Overlay) and Schedule Public Hearing (February 21, 2012)
O. It was recommended to present Feasibility Report for Project 1072 (Boulder Ridge (Heine Court) — Street
Overlay) and Schedule Public Hearing (February 21, 2012)
P. It was recommended to present Feasibility Report for Project 1075 (Great Oaks Lane/ Great Oaks Circle —
Street Overlay) and Schedule Public Hearing (February 21, 2012)
Q. It was recommended to approve Project 1082 (2012 Water Quality/Storm Sewer Improvements — Pond
Sediment Removal) and Authorize Preparation of Plans and Specifications by Barr Engineering Co.
R. It was recommended to approve Project 1087 (City-Wide Inflow & Infiltration Reduction — Sanitary Sewer
Improvements) and Authorize Preparation of Plans and Specifications by SEH, Inc.
PUBLIC HEARINGS
VARIANCE — BALLANTRAE APARTMENTS
City Administrator Hedges introduced the item regarding a variance to the side yard setback for garages and a
variance to reduce the number of enclosed garage stalls required by City Code for the Ballantrae Apartments
located at 3800 Ballantrae Road. City Planner Ridley gave a staff report and provided an overview of the property
and the proposed improvements to the site, noting the apartment complex was developed in 1972 with 204
apartments.
Kathy Anderson of Architectural Consortium, representing the applicant, provided a project summary and stated
she and others were present to answer questions of the Council.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the City
Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance to reduce the
number enclosed parking stalls from 205 to 185 for property located at 3800 Ballantrae Road subject to the
following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null
and void unless a petition for extension has been granted by the Council. Such extension shall be requested in
writing at least 30 -days before expiration and shall state facts showing a good faith attempt to complete or
utilize the use permitted in the variance.
2. The applicant shall obtain building permits prior to any construction or demolition.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve three building setback
variances of 16 -28' from the east property line for three single- loaded garage buildings on property located at 3800
Ballantrae Road subject to the following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null
and void unless a petition for extension has been granted by the Council. Such extension shall be requested in
writing at least 30 -days before expiration and shall state facts showing a good faith attempt to complete or
utilize the use permitted in the variance.
2. The applicant shall obtain building permits prior to any construction or demolition.
DRAINAGE & UTILITY EASEMENT VACATIONS — BALLANTRAE APARTMENTS
City Administrator Hedges introduced the item regarding public drainage and utility easements within Lot 1, Block 1,
Ballantrae 2 Addition. Director of Public Works Colbert gave an overview of the property located at 3800 Ballantrae
Road along with the description of the drainage and utility easements to be vacated.
City Council Meeting Minutes
January 17, 2012
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Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the City
Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to direct preparation of findings for
denial of the petition to vacate pubic drainage and utility easements within Lot 1, Block 1, Ballantrae 2" Addition.
Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to direct preparation of an
encroachment agreement to be returned for future Council consideration. Aye: 5 Nay: 0
PROJECT 1057 — HIGHVIEW ACRES (STREET OVERLAY)
City Administrator Hedges introduced the item regarding Project 1057, Highview Avenue street improvements.
Director of Public Works Colbert gave an overview of the City's pavement management program. Assistant City
Engineer Gorder provided an overview of the feasibility study and proposed improvements.
Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve Project 1057, Highview
Avenue street improvements as presented and authorize the preparation of detailed plans and specifications.
Aye: 5 Nay: 0
PROJECT 1058 — OSLUND TIMBERLINE —PINE RIDGE DRIVE (STREET OVERLAY)
City Administrator Hedges introduced the item regarding Project 1058, Oslund Timberline —Pine Ridge Drive
street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed
improvements.
Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1058, Oslund
Timberline —Pine Ridge Drive, street improvements as presented and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
PROJECT 1062 — KINGS WOOD /CUTTERS RIDGE /SHERWOOD DOWNS
(STREET OVERLAY)
City Administrator Hedges introduced the item regarding Project 1062 Kings Wood/Cutters Ridge /Sherwood
Downs Additions street improvements. Assistant City Engineer Gorder provided an overview of the feasibility
study and proposed improvements.
There was Council discussion regarding City policy for special assessments to properties located on private streets
taking access to public street improvements.
Mayor Maguire opened the public hearing.
Resident Steve DeVries of 1469 Kings Wood Road asked for clarification on the difference in percentage participation
between property owners and the City on street overlay projects.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1062 Kings
Wood/Cutters Ridge /Sherwood Downs Additions street improvements as presented and authorize the preparation
of detailed plans and specifications. Aye: 5 Nay: 0
City Council Meeting Minutes
January 17, 2012
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PROJECT 1073 — WESCOTT ROAD — DENMARK TO 600' EAST OF LEXINGTON /GLACIER
DRIVE (STREET OVERLAY)
City Administrator Hedges introduced the item regarding Project 1073, Wescott Road, from Denmark to 600'
east of Lexington, and Glacier Drive street improvements. Assistant City Engineer Gorder provided an
overview of the feasibility study and proposed improvements.
Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1073, Wescott Road and
Glacier Drive, street improvements as presented and authorize the preparation of detailed plans and specifications.
Aye: 5 Nay: 0
ORGANIZATIONAL BUSINESS
City Administrator explained that organizational business is considered at the second regular City Council
meeting in January. The following items were acted on:
ACTING MAYOR
Councilmember Fields moved, Tilley seconded a motion to appoint Councilmember Bakken as Acting Mayor.
Aye: 4 Nay: 1 (Bakken)
OFFICIAL LEGAL NEWSPAPER
Motion was made by Councilmember Fields, seconded by Councilmember Tilley to approve retention of the
ThisWeek Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0
CITY COUNCIL MEETING SCHEDULE
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the 2012 meeting
scheduled as amended noting the alternate dates. Aye: 5 Nay: 0
2012 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS
(Including January 2013 meetings)
JANUARY 3 MAY 15 OCTOBER 2
JANUARY 17 JUNE 5 OCTOBER 16
FEBRUARY 8 1 Wednesday JUNE 19 NOVEMBER 7 4 Wednesday
FEBRUARY 21 JULY 3 NOVEMBER 20
MARCH 6 JULY 17 DECEMBER 4
MARCH 20 AUGUST 6 2 Monday DECEMBER 18
APRIL 3 AUGUST 21 JANUARY 2, 2013 s Wednesday
APRIL 17 SEPTEMBER 4 JANUARY 15, 2013
MAY 1 SEPTEMBER 19 3 Wednesday
'Wednesday, February 8 due to Precinct Caucuses
2 Monday, August 6 due to National Night Out
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January 17, 2012
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3 Wednesday, September 19 due to Rosh Hashanah
4 Wednesday, November 7 due to the General Election
5 Wednesday, January 2, 2013 due to the New Year's Day Holiday
There will be a Listening Session at 6:00 p.m. before each regular Council meeting.
2012 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS
(Including January 2013 Meeting)
JANUARY 10 MAY 22 (tentative) OCTOBER 9
JANUARY 31 (Goals Retreat) JUNE 12 OCTOBER 23 (tentative)
FEBRUARY 28 (tentative) JUNE 26 (tentative) NOVEMBER 13
MARCH 13 JULY 10 NOVEMBER 27 (tentative)
MARCH 27 (tentative) JULY 24 (tentative) DECEMBER 11
APRIL 10 AUGUST 15 Wednesday No tentative meeting the week of
Christmas
APRIL 24 (tentative) AUGUST 28 (tentative) JANUARY 8, 2013
MAY 8 SEPTEMBER 11
'Wednesday, August 15 due to the Primary Election
CITY COUNCIL MEETING PROCEDURES
Councilmember Tilley moved, Councilmember Bakken seconded a motion to acknowledge and approve the
Roberts Rules of Order used to conduct office business for the City Council meetings, the Council's past
practice and policy for Visitors to be Heard during the Council candidate filing period (May 22, 2012 -
November 6, 2012)) not to exceed ten minutes and will not be televised, and to formally ratify the practice that
at least two members of the Council must make the request of the City Administrator to place an item on the
upcoming City Council Agenda. Aye: 5 Nay: 0
STANDING COMMITTEE APPOINTMENTS / REPRESENTATIVE APPOINTMENTS
Councilmember Fields moved Councilmember Bakken seconded a motion to ratify the appointed members of
Council standing committees, intergovernmental committees and other appointments as amended.
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
Energy and Environment Advisory Commission — Councilmember Bakken
City Council Meeting Minutes
January 17, 2012
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Intergovernmental Committee Appointments:
Minnesota Valley Transit Authority Board — Councilmember Hansen
Municipal Legislative Commission Board — Mayor Maguire
Cedar Transitway Group — Councilmember Hansen (City Administrator Hedges as alternate)
Monthly Mayor/Manager Breakfasts — Mayor Maguire
DCC 2012 -2013 Board - Councilmember Hansen (Councilmember Fields as alternate)
DCC 2012 -2013 Executive Board — City Administrator Hedges
MSP Noise Oversight Committee — Councilmember Fields (Assistant City Administrator Miller as
alternate)
Eagan Convention and Visitors Bureau — Mayor Maguire
Robert Street Corridor Steering Committee- Councilmember Tilley (City Administrator Hedges as
alternate)
Robert Street Corridor Technical Advisory Committee (TAC) — City Engineer Matthys (Community
Development Director Hohenstein as alternate)
Other:
Testimony at Legislature — all as needed
Metro Cities Board of Directors — Mayor Maguire
Caponi Art Park Board — Parks and Recreation Director Seydell- Johnson
Breakfast with Mayor / Chamber of Commerce — Mayor Maguire
LMC Board of Directors — Mayor Maguire
Fire Relief Association Board of Trustees —Mayor Maguire, Fire Chief Scott and Director of
Administrative Services
Intergovernmental Municipal Committee — Mayor Maguire (plus one additional Councilmember as
appropriate per discussion/issue)
OLD BUSINESS
There are no items at this time.
NEW BUSINESS
There are no items at this time.
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items to be discussed.
ADMINISTRATIVE AGENDA
City Administrator Hedges introduced the item regarding Phase II Fiber Installation, stating the Finance Committee
met on Tuesday, January 17, 2012 to discuss Phase II of the fiber plans.
Councilmember Fields moved, Councilmember Hansen seconded a motion to accept the recommendation of the
Council Finance Committee to direct preparation of an RFP to determine the cost for Phase II Fiber build out and
routing.
Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors to be heard.
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January 17, 2012
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ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:22 p.m.
Aye: 5 Nay: 0
Date r a
Mayor
City Clerk