09/19/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 19, 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 and Hansen. Councilmember Tilley arrived at 6:30 p.m.
Greg Skog with Minnesota Arms Spending Alternatives Project was present and addressed the City
Council, handing out correspondence along with a list of questions that the group would like to have
answered. The City Council discussed the issue and directed staff to following up with a letter in
response to their questions.
At 6:10 p.'A ., the City Council held a closed session to review and discuss pending litigation. The closed
session concluded at 6:28 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, September 19, 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, Assistant
City Administrator VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley,
Director of Public Works Matthys, Communications Director Garrison, Police Chief McDonald, Fire Chief
Scott and Executive Assistant Stevenson.
Mayor Maguire introduced Kenneth Olson with Boy Scout Troop 345 who was completing his Citizenship
in the Community project.
AGENDA
City Administrator Hedges noted the addition to the Consent Agenda to cancel the Special City Council
Meeting scheduled for September 24 and reschedule to October 2 at 4:30 p.m.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented /modified. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions or presentations.
CONSENT AGENDA
Mayor Maguire proposed the addition of items #5 and #6 to the Personnel Agenda for separate action.
Councilmember Hansen noted a revised page 28 for Consent Item E. to Approve Amendments to the
Minnesota Valley Transit Authority (MVTA) Joint Powers Agreement.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as presented /modified. Aye: 5 Nay: 0
Mayor Maguire requested the addition of Personnel Item #5 - To accept the letter of retirement of City
Administrator Tom Hedges. Mayor Maguire asked City Administrator Hedges to brief the Council and
the community on the letter. City Administrator Hedges gave a brief recap of his 36 years with the City
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September 19, 2012
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of Eagan noting in 1976 he was given an opportunity of a lifetime to serve as the first City Administrator
for the City of Eagan. Hedges thanked the City of St. Peter,MN, which gave him his first job out of
graduate school in 1972, at the age of 23. Hedges also thanked the first seated Eagan City Council as
well as all the City Councils he has served. Each Councilmember expressed heartfelt gratitude for
Hedges' 36 years of loyal service to Eagan.
Councilmember Hansen moved, Councilmember Bakken seconded the motion to accept the letter of
retirement of City Administrator Tom Hedges. Aye: 0 Nay: 5 (motion denied)
Councilmember Bakken moved, Councilmember Hansen seconded to reconsider the previous motion to
accept the letter of retirement of City Administrator Tom Hedges. Aye: 5 Nay: 0
Mayor Maguire moved, Councilmember Bakken seconded the motion to accept the letter of retirement
of City Administrator Tom Hedges. Aye: 4 Nay: 1 (Councilmember Fields objected)
Mayor Maguire requested the addition of Item B. Personnel Items #6 — to authorize the retention of
Brimeyer Fursman, LLC to assist the City in its search for the next City Administrator. City Administrator
Hedges noted in preparation for the retirement of the City Administrator, a request for proposals was
issued in August 2012 to seek professional recruitment firms. Per the Council's direction, two
recruitment firms were interviewed by the Personnel Committee on September 12, 2012. The
Personnel Committee is recommending the City retain the recruitment firm of Brimeyer Fursman, to
facilitate the recruitment efforts. The City Council discussed the issue.
Councilmember Bakken moved, Councilmember Tilley to authorize the retention of Brimeyer Fursman,
LLC to serve as the Executive Recruitment firm to assist the City in its search for the next City
Administrator. Aye: 5 Nay:0
A. It was recommended to approve the minutes of August 15, August 28 and September
4, 2012.
B. Personnel Items
1. It was recommended to approve the hiring of Anthony Dahle, Utility
Maintenance Worker.
2. It was recommended to approve the hiring of Aaron Nelson, Assistant City
Engineer.
3. It was recommended to accept the resignation of Michael Maurer, Campus
Facilities Manager on Duty, effective September 5, 2012, and authorize his
replacement.
4. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
5. It was recommended to accept the letter of retirement of City Administrator Tom
Hedges.
6. It was recommended to authorize the retention of Brimeyer Fursman, LLC to serve
as the Executive Recruitment firm to assist the City in its search for the next City
Administrator.
C. It was recommended to approve Check Registers dated August 31 and September 7, 2012.
D. It was recommended to authorize issuance of banking services Request for Proposals.
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E. It was recommended to approve Amendments to the Minnesota Valley Transit.
Authority (MVTA) Joint Powers Agreement and APPROVE a Resolution to Ratify the Revised
MVTA Bylaws.
F. It was recommended to approve the annual maintenance agreement for Contract 12 -08
conduit /fiber to mp Nexlevel.
G. It was recommended to authorize comments to the Dakota County Board regarding tax
forfeit parcels located in Eagan.
H. It was recommended to direct preparation of amendment to City Code Section 11.66
regarding floodplain districts and regulations.
I. It was recommended to approve the Final Payment for Contract 12 -06, 2012 Water Quality/
Storm Sewer Improvements.
J. It was recommended to receive the Final Assessment Report for Project No. 1058 — Oslund
Timberline (Pine Ridge Drive) - Street Improvements and Schedule Public Hearing for
October 16, 2012.
K. It was recommended to receive the Final Assessment Report for Project No. 1070 — Oak
Chase 4t" (Oak Chase Circle) - Street Improvements and Schedule Public Hearing for October
1b, 2012.
L. It was recommended to receive the Final Assessment Report for Project No. 1071— Signal
Point/ Knob Hill Professional Park - Street Improvements and Schedule Public Hearing for
October 16, 2012.
M. It was recommended to receive the Final Assessment Report for Project No. 1072 — Boulder
Ridge (Heine Court) - Street Improvements and Schedule Public Hearing for October 16,
2012.
N. It was recommended to receive the Final Assessment Report for Project No. 1078 — Johnny
Cake Ridge Road (Diffley Road to Teal Cove) - Street Improvements and Schedule Public
Hearing for October 16, 2012.
0. It was recommended to receive the Final Assessment Report for Project No. 1079 —
Denmark Avenue (Lone Oak Road to south Sam's entrance)/ Clubview Drive - Street
Improvements and Schedule Public Hearing for October 16, 2012.
P. It was recommended to Receive Petition to Remove Parking Restrictions on Gold Trail and
Schedule a Public Hearing for October 16, 2012.
Q. It was recommended to approve Preparation of Plans & Specifications for Contract 12 -12,
Cedar Grove Boulevard Grading.
R. It was recommended to approve a Joint Powers agreement to establish and participate in
the Minnesota Structural Collapse /Technical Rescue Task Force.
S. It was recommended to adopt a resolution accepting a $3,250 donation from the Eagan
Citizen's Crime Prevention Association and authorize a corresponding budget adjustment.
T. It was recommended to ratify the Engineering Study with Xcel Energy for Pipeline Relocation
in Cedar Grove Redevelopment District.
U. It was recommended to approve an amendment to the JPA with the MN Bureau of Criminal
Apprehension regarding computer investigations.
PUBLIC HEARINGS
VARIANCE — DOUGLAS SWETLAND
City Administrator Hedges noted Douglas Swetland is requesting approval of an 8' variance to the
required 30' structure setback from a public right -of -way to allow a garage addition upon property
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September 19, 2012
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located at 4566 Ches Mar Drive. City Planner Ridley gave a staff report. Doug Swetland was
available for questions.
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 an 8' Variance to
the required 30' structure setback from public right -of -way for a garage addition upon property located
at 4566 Ches Mar Drive with 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. In accordance with City Code standards, the driveway shall not be more than 22' wide at the
property line.
3. A Building Permit shall be obtained prior to commencing construction.
4. The applicant shall locate the property boundaries, or provide a survey prepared by a licensed land
surveyor, prior to application for building permit.
5. The proposed addition shall not exceed 22' in width.
6. The addition shall not exceed one story, and the roof design and style shall match the principal
structure.
7. The garage addition shall be finished with exterior materials to match the existing principal
structure.
8. The existing garage shall only be used as a hobby workshop; not a living quarters.
FINAL ASSESSMENT HEARING — PROJECT NO. 1016R, AMES CROSSING ROAD
STREET AND UTILITY IMPROVEMENTS
City Administrator Hedges noted project 1016R provided for the street and utility improvements on
Ames Crossing Road, completing a continuous street connection between Lone Oak Road and O'Neill
Drive to service the development and surrounding area in northeast Eagan. Hedges noted the final
assessment roll was presented to the City Council on August 21, 2012, with the public hearing scheduled
for September 19 to formally present the final costs associated with this public improvement to the
affected benefitting properties. All notices have been published in the legal newspaper and sent to all
affected property owners informing them of this public hearing. An informational meeting was held on
September 10 to address all property owners' questions or concerns. Hedges continued, stating the
final assessment costs are approximately 65% less than the estimated benefit amount that was
presented at the original Public Hearing on March 2, 2010. There were six parcels being assessed, no
one attended the meeting. Director of Public Works Matthys gave a staff report noting there was one
objection received from Ecolab.
Representing Ecolab, Pat Mahlberg, with Fredrickson & Bryon, P.A. addressed the City Council noting a
written objection was filed and wanted confirmation the objection was received and accepted. Mayor
Maguire confirmed the objection was received and accepted.
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Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the City Council
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final
Assessment Roll for Project No. 1016R (Ames Crossing Road - Street and Utility Improvements) and
authorize its certification to Dakota County for collections. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING — PROJECT NO. 1047, JOHNNY CAKE RIDGE ROAD
STREET IMPROVEMENTS
City Administrator Hedges noted project 1047 provided for the street overlay improvements of Johnny
Cake Ridge Road (south of Cliff Road to Apple Valley border) in south - central Eagan. Public Works
Director Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the City Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Final
Assessment Roll for Project No. 1047 (Johnny Cake Ridge Road, Cliff Road to Apple Valley border - Street
Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING — PROJECT 1076, SLATER ROAD / WHISPERING WOODS
4T" — 5T" — STREET IMPROVEMENTS
City Administrator Hedges noted project 1076 provided for the street overlay improvements on Slater
Road (Wall Street to the Burnsville border) and the streets within the Whispering Woods 4th and 5th
additions in southwest Eagan. Public Works Director Matthys gave a staff report.
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 Final
Assessment Roll for Project No. 1076 (Slater Road /Whispering Woods 4th and 5th - Street Improvements)
and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING, PROJECT NO. 1080, RAHN ROAD
STREET IMPROVEMENTS
City Administrator Hedges noted project 1080 provided for the street overlay improvements on
Rahn Road (Cedar Grove Parkway to Shale Lane) in western Eagan. Director of Public Works
Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the City Council.
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Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final
Assessment Roll for Project No. 1080 (Rahn Road —Street Improvements) and authorize its
certification to Dakota County for collection. Aye: 5 Nay: 0
VACATE PUBLIC SERVICE ROAD EASEMENT
LOT 2, BLOCK 1 CEDAR INDUSTRIAL PARK
City Administrator Hedges noted on May 31, 2012, City staff received a petition from the property
owner requesting the vacation of a small portion of the existing public service road easement on
Lot 2, Block 1 Cedar Industrial Park to accommodate the building of a proposed monument sign on
the property. On July 17, 2012, the City Council held a public hearing and approved the requested
vacation. After the public hearing, the City Council directed staff to initiate a vacation of the entire
public service road easement to bring back for consideration at a future Council meeting.
Director of Public Works Matthys gave a staff report noting there is an existing City utility line
within the easement vacation area under consideration and a variety of private underground
facilities, including some owned by Xcel Energy, that exist within the easement. Xcel Energy has
objected to the proposed vacation.
Mayor Maguire opened the public hearing, there being no public comment, he turned the discussion
back to the City Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the vacation
of the northwesterly 10 feet 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
OLD BUSINESS
There were no items for discussion.
NEW BUSINESS
There were no items for discussion.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ECONOMIC DEVELOPMENT AUTHORITY
There are no items for discussion.
ADMINISTRATIVE AGENDA
CITY COUNCIL COMMENTS
Mayor Maguire thanked Tom Hedges for his 36 years of contribution and service to Eagan.
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There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7:16 p.m. Aye: 5 Nay: 0
10 A E
Date
Mayor
Clerk