07/17/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JULY 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. There were no visitors who wished to be
heard.
A regular meeting of the Eagan City Council was held on Tuesday, July 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 Tom Hedges, Assistant City Administrator Miller, Director of
Administrative Services VanOverbeke, Director of Public Works Matthys, Director of Community
Development Hohenstein, City Planner Ridley, Police Chief McDonald, Fire Chief Scott, Communications
Director Garrison, Director of Parks and Recreation Johnson and Executive Assistant Stevenson.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented /modified. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATION
Mayor Maguire recognized the success of the 4th of July celebration and thanked the Funfest Committee
and City staff for their efforts. Cory Hilden, Margaret White, Tim White, Ruthann White and Matt
McMillan of the Funfest Committee addressed the City Council and shared a letter from Larry Hilden,
Eagan's July 4 Chairman of the Board of Directors highlighting the success of the celebration.
Mayor Maguire recognized the City of Eagan for being one of the first cities in Minnesota to achieve
Step III of the GreenStep Cities Program and recognized the efforts of the Energy and Environment
Advisory Commission (EEAC) for their leadership in working with City staff to achieve this goal. Director
of Parks and Recreation Johnson, Assistant City Administrator Miller, EEAC members LeClair and Nadav
presented the Step III GreenStep Cities Award to the City Council.
CONSENT AGENDA
City Administrator Hedges requested that Item F., Approve Final Subdivision and Final Planned
Development for Nicols Ridge 5 Addition be pulled.
Mayor Maguire noted under Item B. Personnel Item - the promotion of John Gorder as City Engineer.
The City Council congratulated Mr. Gorder.
Mayor Maguire recognized Item E. to Adopt a proclamation recognizing Tuesday, August 7, 2012, as
"National Night Out" in the City of Eagan. Police Chief McDonald noted there are 150 registered block
parties for National Night Out. The City Council encouraged residents to participate in the National
Night Out event on August 7.
City Council Meeting Minutes
July 17, 2012
2 page
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as presented, with the removal of Item F. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the July 3, 2012 Regular City Council
meeting as presented or modified.
B. Personnel Items
1. Approve the reclassification of the Office Support Specialist /Clerical Technician II from
Level 3 to Level 4.
2. Approve the promotion of John Gorder for the position of City Engineer and authorize the
replacement of the Assistant City Engineer position.
3. Approve amendments to the City of Eagan Personnel Policy Manual.
4. Approve the hiring of Seasonal Employees in Parks & Recreation.
C. It was recommended to approve Check Registers dated July 6 and July 13, 2012.
D. It was recommended to approve a Contract Extension with Design Nine for continuing
consulting on conduit /fiber installation and authorize a funding transfer.
E. It was recommended to adopt a proclamation recognizing Tuesday, August 7, 2012, as
"National Night Out" in the City of Eagan.
F. Item was pulled.
G. It was recommended to award Contract 12 -11 Citywide Trail Improvements.
H. It was recommended to approve a Resolution Designating No Parking on Blue Gentian Road
(South side - TH 55 to Blue Water Road) and Blue Water Road (Both sides - Blue Gentian
Road to TH 55).
I. It was recommended to approve an On -Sale Liquor and Sunday License for Andiamo Italian
Ristorante, Inc., DBA Andiamo Italian Ristorante, 1629 Lena Court.
J. It was recommended to approve a Change Order No. 2 for Contract 12 -06 (Sediment
Removal & Outlet Revisions - Water Quality Improvements).
K. It was recommended to approve a Change Order No. 1 for Contract 12 -08 (Conduit and
Fiber).
PUBLIC HEARINGS
VARIANCE - EAGAN CAR CLUB (HUNTER /EMERSON LLC)
City Administrator Hedges noted the Eagan Car Club Planned Development was approved in April 2012.
Subsequent to City approval of the Planned Development, the developer found that there is a
discrepancy between the right -of -way of Highway 3 as shown by the actual monuments in the field, the
Width Order provided by MnDOT and the Final Certificate document. City Planner Ridley gave a staff
report noting the setback affects only Building G of the seven buildings proposed for the site. David
Pemberton with Sathre - Bergquist Land Surveyors gave a summary of the project along with an
explanation for the variance request.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the City Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a building setback
Variance of 12.5' to the required 50' setback from a major thoroughfare for property located on the
west side of Highway 3, just north of 4135 Highway 3, subject to the condition below. Aye: 5 Nay: 0
City Council Meeting Minutes
July 17, 2012
3 page
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 permitted Variance.
CEDAR INDUSTRIAL PARK EASEMENT VACATION
City Administrator Hedges noted on May 31, 2012, City staff received a petition from Bob Brennan,
owner of 3771 Sibley Memorial Highway, requesting the vacation of a portion of the existing public
service road easement on Lot 2, Block 1 Cedar Industrial Park. On June 19, 2012 the City Council
scheduled a public hearing to consider the requested vacation to be held on July 17, 2012.
Public Works Director Matthys gave a staff report noting the easement was dedicated with the Cedar
Industrial Park plat in 1967. The request would vacate a portion of the easement, 15 -feet by 20 -feet, on
the east side of the lot adjacent to the northwest edge of the 40 -feet wide service road easement to
accommodate the building of a proposed monument sign on the property.
Bob Brennan thanked the City Council for considering his request and noted that he is not the owner
but the tenant.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the City Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the vacation of a
legally described portion of a public service road easement on Lot 2, Block 1, Cedar Industrial Park, and
authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
Mayor Maguire directed staff to initiate a vacation of the entire easement to bring back for
consideration at a future City Council meeting.
NORTHWOOD BUSINESS PARK 3 ADDITION EASEMENT VACATION
City Administrator Hedges noted on June 12, 2012, City staff received a petition from Dakota County
Community Development Agency (CDA), owner and developer of the proposed CDA Northwood Family
Townhomes on Lot 2, Block 1 Northwood Business Park 3rd Addition, requesting the vacation of a
portion of a public drainage and utility easement within that property. Hedges noted that on June 19,
2012, the City Council scheduled a public hearing to consider the requested vacation to be held on July
17, 2012.
Director of Public Works Matthys gave a staff report noting the existing easement was dedicated based
upon previous wetland delineation. A new wetland delineation has revised the description of the
wetland boundary and the applicant is requesting the vacation of a portion of the easement to
accommodate the construction of a proposed townhome with accessibility meeting the American
Disability Act (ADA).
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the City Council.
City Council Meeting Minutes
July 17, 2012
4 page
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the vacation of a
legally described portion of a public drainage and utility easement on Lot 2, Block 1, Northwood
Business Park 3 Addition and authorize the Mayor and City Clerk to execute all related documents.
Aye: 5 Nay: 0
There were no items for discussion.
CITY ADMINISTRATOR
DIRECTOR OF PUBLIC WORKS
OLD BUSINESS
NEW BUSINESS
There were no items for discussion.
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
City Administrator Hedges noted the City received a request from the Twin Cities Heroes Parade asking
the City of Eagan to issue a proclamation naming July 28, 2012 as Heroes' Day, to honor members of the
military. Hedges noted that while this event is not a City effort, it is consistent with the efforts of the
Eagan Yellow Ribbon group.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a proclamation to
proclaim July 28, 2012 as Heroes' Day. Aye: 5 Nay: 0
City Administrator Hedges introduced Police Chief McDonald who provided information on the
qualifying that is occurring with police officers and firearms.
Public Works Director Matthys noted as part of the July 17 Economic Development Authority (EDA)
meeting, the EDA /City Council approved a purchase agreement between Paragon Outlets Eagan LLC and
the EDA for approximately 29 acres of property within the Cedar Grove Redevelopment District. With
approval of the agreement, the configuration of the proposed development upon the 29 acres proposes
a new alignment of Cedar Grove Boulevard. Matthys continued on June 5, 2012, the City Council
adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2013 -2017)
and authorized the initiation of the public improvement process for the 2013 programmed
improvements. The reconstruction /realignment of Cedar Grove Boulevard was included as part of this
approved CIP.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to authorize the
preparation of a feasibility report by the City Engineer for Project 1088 (Cedar Grove Boulevard — Street
City Council Meeting Minutes
July 17, 2012
5 page
and Utility Improvements) and authorize City staff to begin negotiations with Xcel Energy regarding the
relocation of a gas pipeline. Aye: 5 Nay: 0
There were no visitors to be heard.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:34
p.m. Aye:5 Nay:0
Date 7 (o - I
0 1449t /)1
Mayor
Clerk
VISITORS TO BE HEARD
ADJOURNMENT