01/15/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JANUARY 15, 2013
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent.
At 6:10 p.m., the City Council held a closed session to review and discuss labor negotiations. The closed
session concluded at 6:28 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, January 15, 2013 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen, and Tilley. Also
present were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Finance
Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works
Matthys, Assistant City Engineer Nelson, Communications Director Garrison, Director of Parks and
Recreation Johnson, Fire Chief Scott, Police Chief McDonald, and Executive Assistant Stevenson.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:4 Nay :0
RECOGNITIONS AND PRESENTATION
Police Chief McDonald recognized Officer Robert Wegner for his 24 years of service to the City of Eagan.
CONSENT AGENDA
Councilmember Hansen 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 December 18, 2012.
B. Personnel Items
1. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve Check Registers dated January 4 and 10, 2013.
D. It was recommended to declare used fire department pagers surplus and authorize their
sale.
E. It was recommended to approve issuance of revenue bonds by the MVTA to finance
expansion of the Eagan Bus Garage.
F. Item removed
G. Item removed
H. It was recommended to present the Feasibility Report for Project 1059, Eagan Woods Office
Park - Street Improvements and schedule Public Hearing (February 19, 2013).
I. It was recommended to present the Feasibility Report for Project 1099, Ted Wachter
Addition (Civic Center Drive) — Street Improvements and schedule Public Hearing (February
19, 2013).
J. It was recommended to present the Feasibility Report for Project 1106, Blackhawk Glen/
Blackhawk Ridge- Street Improvements and schedule Public Hearing (February 19, 2013).
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January 15, 2013
3 page
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1029 (South
Oaks Addition —Street Improvements) as presented and authorize the preparation of detailed plans and
specifications. Aye:4 Nay :0
PROJECT 1065, LEXINGTON WAY - STREET IMPROVEMENTS
City Administrator Hedges introduced the item noting Project 1065 provided for street
improvements on Lexington Way. Assistant City Engineer Nelson gave a staff report on the project.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1065
(Lexington Way— Street Improvements) as presented and authorize the preparation of detailed plans
and specifications. Aye: 4 Nay: 0
PROJECT 1102, WESTON HILLS ADDITION - STREET IMPROVEMENTS
City Administrator Hedges introduced the item noting Project 1102 provided for street
Councilmember Fields recused herself, noting she owns a property proposed to be assessed.
Mayor Maguire opened the public hearing.
Kevin Burke, 4681 Stratford addressed the Council and asked when the one -time payment of the final
assessment would be due. Mayor Maguire answered the question.
Ben Kruenegel, 4692 Weston Hills Drive addressed the Council noting he is supportive of the project and
appreciated the presentation by Assistant City Engineer Nelson.
There being no further public comment, Mayor Maguire turned the discussion back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1102
(Weston Hills Addition — Street Improvements) as presented and authorize the preparation of detailed
plans and specifications. Aye: 3 Nay: 0
PROJECT 1103, LEXINGTON POINTE EIGHTH —TENTH ADDITIONS
STREET IMPROVEMENTS
City Administrator Hedges introduced the item noting Project 1103 provides for the street
improvements on Lexington Pointe Eighth —Tenth Additions. Assistant City Engineer Nelson gave a
staff report on the project
Mayor Maguire opened the public hearing.
City Council Meeting Minutes
January 15, 2013
4 page
A resident addressed the Council to find out how much the assessment would be and when the
payments are due. Assistant City Engineer Nelson responded to the questions.
There being no further public comment, Mayor Maguire turned the discussion back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1103,
(Lexington Pointe Eighth -Tenth Additions - Street Improvements) as presented and authorized the
preparation of detailed plans and specifications. Aye: 4 Nay: 0
PROJECT 1110, WILDERNESS RUN SECOND & FOURTH
STREET IMPROVEMENTS
City Administrator Hedges introduced the item noting Project 1110 provides for the street
improvements on Wilderness Run Second & Fourth. Assistant City Engineer Nelson gave a staff
report on the project
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve Project 1110,
(Wilderness Run Second & Fourth - Street Improvements) as presented and authorized the preparation
of detailed plans and specifications. Aye: 4 Nay: 0
PROJECT 1117, MANOR LAKE /LAKEVIEW TRAIL
STREET IMPROVEMENTS
City Administrator Hedges introduced the item noting Project 1117 provides for the street
improvements on Manor Lake /Lakeview Trail. Assistant City Engineer Nelson gave a staff report
on the project
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1117,
(Manor Lake /Lakeview Trail - Street Improvements) as presented and authorized the preparation of
detailed plans and specifications. Aye: 4 Nay: 0
VARIANCE — TOLL BROTHERS, INC.
City Administrator Hedges introduced the item noting Toll Brothers, Inc. is requesting a 5 -foot
Variance to the required 50 -foot front yard setback to allow construction of a single - family home at
1431 Wellington Way. Assistant City Engineer Nelson gave a staff report on the project. The
applicant was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
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January 15, 2013
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Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a 5' Variance to
the required 50' minimum structure setback from a public right -of -way for property located at 1431
Wellington Way, subject to the following condition: Aye: 4 Nay: 0
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.
CITY ORGANIZATIONAL BUSINESS
City Administrator Hedges noted that organizational business is considered at the second regular
City Council meeting in January. The following items were acted on:
ACTING MAYOR
Mayor Maguire moved, Councilmember Hansen seconded a motion to appoint Councilmember
Tilley as Acting Mayor. Aye: 4 Nay: 0
OFFICIAL LEGAL NEWSPAPER
Motion was made by Councilmember Fields, seconded by Councilmember Hansen to approve
retention -of- the -Sun Thisweek-N &wspaper -as- the- C- ity -of- Eagan =s- official - legal - newspaper —Aye
Nay: 0
The Council directed staff to discontinue publishing City Council agendas in the legal newspaper,
and continue posting the agendas on the City's website and at City Hall.
CITY COUNCIL MEETING SCHEDULE
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the 2013
meeting scheduled as amended noting the alternate dates. Aye: 4 Nay: 0
2013 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS
(Including January 2014 meetings)
JANUARY 21 Wednesday
MAY 21
OCTOBER 1
JANUARY 15
JUNE 4
OCTOBER 15
FEBRUARY 5
JUNE 18
NOVEMBER 4 3 Monday
FEBRUARY 19
JULY 2
NOVEMBER 19
MARCH 5
JULY 16
DECEMBER 3
MARCH 19
AUGUST 5 2 Monday
DECEMBER 17
City Council Meeting Minutes
January 15, 2013
6 page
APRIL 2 AUGUST 20 JANUARY 7, 2014
APRIL 16 SEPTEMBER 3 JANUARY 21, 2014
MAY 7 SEPTEMBER 17
IWednesday, January 2 due to New Year's Day
2Monday, August 5 due to National Night Out
3Monday, November 4 due to School District Elections
There will be a Listening Session at 6:00 p.m. before each regular City Council meeting.
2013 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS
(Including January 2014 Meeting)
JANUARY 8 MAY 14 SEPTEMBER 10
JANUARY 29 (tentative) MAY 28 (tentative) SEPTEMBER 24 (tentative)
FEBRUARY 12 JUNE 11 OCTOBER 8
FEBRUARY 26 (tentative-) JUNE 25 (tentative-) OCTOBER 22— (tentati
MARCH 12 JULY 9 NOVEMBER 12
MARCH 26 (tentative)
APRIL 9
APRIL 23 (tentative)
JULY 23 (tentative)
AUGUST 13
AUGUST 27 (tentative)
NOVEMBER 26 (tentative)
DECEMBER 10
(No tentative meeting the week of
Christmas)
JANUARY 14, 2014
JANUARY 28, 2014 (tentative)
CITY COUNCIL MEETING PROCEDURES
Councilmember Hansen moved, Councilmember Fields seconded a motion to acknowledge
Robert's Rules of Order as the means to conduct official business at all regular City Council
meetings, and approve the guidelines for public participation in City Council meetings.
Aye:4 Nay:O
Councilmember Tilley moved, Councilmember Fields seconded a motion to formally ratify the
practice that at least two members of the City Council must make the request of the City
Administrator to place an item on an upcoming City Council agenda. Aye: 4 Nay: 0
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January 15, 2013
7 page
STANDING COMMITTEE APPOINTMENTS / REPRESENTATIVE APPOINTMENTS
Councilmember Fields moved Councilmember Hansen seconded a motion to ratify the appointed
members of Council standing committees, intergovernmental committees and other appointments
as amended. Aye: 4 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
Intergovernmental Committee Appointments:
wnnnesuLa vaney i ransiL MUMUHry ovary — wuncnnieniuer nanaen
Municipal Legislative Commission Board — Mayor Maguire
"Cedar Group ": Cedar Avenue (TH 77) Corridor Transportation Policy Advisory Committee
(PAC) — Councilmember Hansen
"Cedar Group ": Cedar Avenue (TH 77) Corridor Transportation Technical Advisory Committee
(TAC) — Director of Community Development Hohenstein (Director of Public Works Matthys and
City Planner Ridley as alternates)
Monthly Mayor /Manager Breakfasts - Mayor Maguire
DCC 2013 -2014 Board - Councilmember Hansen (Councilmember Fields as alternate)
DCC 2013 -2014 Executive Board — City Administrator (Assistant City Administrator Miller as alternate)
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 as
alternate)
Robert Street Corridor Technical Advisory Committee (TAC) — Director of Public Works Matthys
(Director of Community Development Hohenstein as alternate)
Caponi Art Park Board — Parks and Recreation Director Seydell- Johnson
Highway 77 Managed Lane /Cedar Grove Transit Access Policy Advisory Committee (PAC) — Mayor
Maguire (City Administrator as alternate)
Highway 77 Managed Lane /Cedar Grove Transit Access Staff Advisory Committee (SAC) — Director of
Community Development Hohenstein (Director of Public Works Matthys as alternate)
Highway 77 Managed Lane /Cedar Grove Transit Access Technical Advisory Committee (TAC) —
Director of Public Works Matthys (Director of Community Development Hohenstein as alternate)
City Council Meeting Minutes
January 15, 2013
8 page
Other (No appointment by City Council – information only):
Testimony at Legislature - all as needed
Metro Cities Delegate —Mayor Maguire will attend annual meetings
Breakfast with Mayor / Chamber of Commerce - Mayor Maguire
LIVIC Board of Directors - Mayor Maguire
LMC & Metro Cities Policy Advisory Committees – various Councilmembers have served
Intergovernmental Municipal Committee – Mayor Maguire (plus one additional Councilmember
as appropriate per discussion)
Fire Relief Association Board of Trustees —Mayor Maguire, Fire Chief Scott and Director of
Finance Pepper
NEW BUSINESS
APPROVE A JOINT POWERS AGREEMENT BETWEEN THE CITY OF EAGAN AND
DAKOTA COUNTY PERTAINING TO THE PURCHASE OF THE FINAL PORTION
OF THE CAPONI ART PARK
ministrator tleakes Inirociucea liem A. Approve a JOlni rowers
of Eagan and Dakota County pertaining to the purchase of the final portion of the Caponi Art Park,
Item B. Approve a Purchase Agreement between the City of Eagan and the Caponi Art Park Board
to purchase the final portion of the Caponi Art Park, and Item C. Approve the Operating &
Maintenance Agreement, Conservation Easement, Natural Resource Manage Plan and CAP
Strategic Plan pertaining to Caponi Art Park, noting all three items are related to the Caponi Art
Park and three different actions are sought from the Council. Director of Parks and Recreation
Seydell- Johnson introduced the Caponi Art Park Board members in attendance and gave a staff
report with additional history on the agreements.
Craig Harris, Chair of the Caponi Art Park Board, addressed the Council thanking them for working
with the Caponi Art Park to find a solution to preserving the park.
Mayor Maguire asked if anyone in the audience would like to comment on the agreements. There being
no public comment, he turned discussion back to the Council.
The Council thanked Tony and Cheryl Caponi and the Art Park Board for their work on the Art Park and
making it a true asset to the City of Eagan.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Joint Powers
Agreement between the City of Eagan and Dakota County to secure ownership and land protection for
the final portion of the Caponi Art Park operated by Caponi Art Park. Aye: 4 Nay: 0
City Council Meeting Minutes
January 15, 2013
9 page
APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF EAGAN AND THE
CAPONI ART PARK BOARD TO PURCHASE THE FINAL PORTION OF THE CAPONI ART PARK
Mayor Maguire asked if anyone in the audience would like to comment on the agreement. There being
no public comment, he turned discussion back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve purchase
agreement between the City of Eagan and the Caponi Art Park to secure ownership and land protection
for the final portion of the Caponi Art Park operated by Caponi Art Park. Aye: 4 Nay: 0
APPROVE THE OPERATING & MAINTENANCE AGREEMENT, CONSERVATION EASEMENT,
NATURAL RESOURCE MANAGEMENT PLAN AND CAP STRATEGIC PLAN PERTAINING
TO CAPONI ART PARK
Mayor Maguire asked if anyone in the audience would like to comment on the agreement. There being
no public comment, he turned discussion back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Operating &
Maintenance Agreement, Conservation Easement, Natural Resource Management Plan and CAP
Strategic Plan pertaining to Caponi Art Park. Aye: 4 Nay: 0
The Council took a 10 minute break.
CONSIDERATION OF ADDITIONAL SUSPENSION / REVOCATION —
GRANITE CITY RESTAURANT OPERATIONS, INC. DBA GRANIT CITY FOOD & BREWERY ON -SALE LIQUOR
LICENSE BASED UPON ITS FOURTH ALCOHOL SALES VIOLATION WITHN 36 MONTHS
City Administrator Hedges introduced the item noting Granite City Food & Brewery, located at 3330
Pilot Knob Road, has had four alcohol sales violations in the past 36 months. In addition to the 30-
day suspension Granite City is currently serving, City Code requires any licensee found to have four
or more violations within a 36 -month period to appear before the Council for consideration of
additional days of license suspension or license revocation.
The Council discussed the suspension and expressed their concerns regarding alcohol being sold to
minors. Representatives of Granite City explained the changes in corporate training along with
required staff training /certification to ensure this does not happen again.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to impose no additional
penalties upon the licensee. Aye: 4 Nay: 0
City Council Meeting Minutes
January 15, 2013
10 page
ADMINISTRATIVE AGENDA
CITY COUNCIL COMMENTS
Councilmember Hansen noted he was honored yesterday to be elected Chair of the Suburban
Transit Association.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:52 p.m. Aye: 4 Nay: 0
Q -5.03
Date
Mayor