03/05/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MARCH 5, 2013
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.
At 6:10 p.m., the City Council held a closed session to discuss land negotiations at 4232 Blackhawk Road.
The closed session concluded at 6:20 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, March 5, 2013 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and
Tilley. Also present were Acting 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
Acting City Administrator Miller noted a change on the Consent Agenda. Miller noted a closed session
was held to discuss land negotiations at 4232 Blackhawk Road.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions or presentations.
CONSENT AGENDA
Acting City Administrator Miller noted that Item M. Approve Final Plat — Bennerotte Addition was pulled.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as modified. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of February 12 and 19, 2013.
B. Personnel items
1. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It is recommended to approve Check Registers dated February 14 and 21, 2013.
D. It is recommended to approve a resolution delegating authority to pay claims to the
Assistant Finance Director or the Finance Director.
E. It was recommended to award Contract 13 -02 (Citywide Street Revitalization).
F. It was recommended to approve Plans & Specifications for Contract 13 -04 (Citywide Street
Revitalization) and Authorize Advertisement for Bids March 28, 2013.
G. It was recommended to approve Xcel Energy Undergrounding & Relocation Agreements —
Cedar Grove Area (City Project No. 888 and 1088).
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H. It was recommended to approve Assessment Agreement— Ecolab, City Project No. 1016R,
Ames Crossing Road Street & Utility Improvements.
I. It was recommended to approve Plans & Specifications for Contract 13 -11 (2013 Water
Quality Storm Sewer Improvements) and Authorize Advertisement for Bids March 28, 2013.
J. It was recommended to approve Telecommunication Lease Agreement Amendment —
T- Mobile (Southern Lakes Reservoir).
K. It was recommended to appoint Assistant Finance Director as alternate to Minnesota Valley
Transit Authority Board.
L. It was recommended to cancel the March 12, 2013 Special City Council Meeting.
M. Item was pulled.
N. It was recommended to approve a Resolution to Schedule a Public Hearing to Consider
Modifications ofTIF District No.1.
0. It was recommended to preparation of an Ordinance Amendment to City Code Chapter 10,
Section 10.01, relative to Storage, Deposit and Disposal of Refuse.
P. It was recommended to approve the 2013 contract for July 4th Funfest fireworks and
authorize the Mayor and City Clerk to sign all appropriate documents.
Q. It was recommended to approve the 2013 Use Agreement for Blue Cross Blue Shield fields.
R. It was recommended to approve the Public Works Committee Recommendation — Inflow &
Infiltration Surcharge Appeals.
S. It was recommended to authorize submittal of letter to federal authorities regarding
Comcast rate and equipment charges.
T. It was recommended to approve a Resolution accepting a $100.00 donation from Mr. and
Mrs. Gregg Judge in honor of Police Canine Maverick who died in 2012.
PUBLIC HEARINGS
PROJECT 1111 (GREAT OAKS) STREET IMPROVEMENTS
Director of Public Works Matthys introduced the item noting Project 1111 provided for street
improvements within the Great Oaks neighborhood. 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 Bakken seconded a motion to approve Project 1111
(Great Oaks - Street Improvements) as presented and authorize the preparation of detailed plans and
specifications. Aye:5 Nay:0
PROJECT 1105 (THE OAKS OF BRIDGEWATER 1sT -3 RD ADDITIONS)
STREET IMPROVEMENTS
Director of Public Works Matthys introduced the item noting Project 1105 provided for street
improvements within The Oaks of Bridgewater 1St — 3rd Additions. Assistant City Engineer Nelson
gave a staff report on the project.
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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 1105 (The
Oaks of Bridgewater 15t — 3rd Additions - Street Improvements) as presented and authorize the
preparation of detailed plans and specifications. Aye: 5 Nay: 0
PROJECT 1101 (HIDDEN VALLEY) STREET IMPROVEMENTS
Director of Public Works Matthys introduced the item noting Project 1101 provided for street
improvements within the Hidden Valley neighborhood. 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 Hansen moved, Councilmember Fields seconded a motion to approve Project 1101
(Hidden Valley - Street Improvements) as presented and authorize the preparation of detailed plans and
specifications. Aye:5 Nay:0
PROJECT 1096 (WILLBROOK ADDITION) STREET IMPROVEMENTS
Director of Public Works Matthys introduced the item noting Project 1096 provided for street
improvements within the Willbrook Addition neighborhood. 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 1096
( Willbrook Addition - Street Improvements) as presented and authorize the preparation of detailed
plans and specifications. Aye: 5 Nay: 0
PROJECT 1115 (WESCOTT HILLS / THE WOODLANDS NORTH / TRAILS END)
STREET IMPROVEMENTS
Director of Public Works Matthys introduced the item noting Project 1115 provided for street
improvements within the Wescott Hills, The Woodlands North and Trails End neighborhoods.
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 Bakken seconded a motion to approve Project 1115
(Wescott Hills, The Woodlands North and Trails End — Street Improvements) as presented and authorize
the preparation of detailed plans and specifications. Aye: 5 Nay: 0
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STONEHAVEN 4T" ADDITION LOTS 1 & 2, BLOCK 3 AND OUTLOT D
DRAINAGE & UTILITY EASEMENT VACATION
Acting City Administrator Miller introduced the item noting on January 15th City staff received a
request for vacation of existing drainage and utility easements within Stonehaven 4th Addition, and
on February 5th the City Council scheduled a public hearing for this evening.
Director of Public Works Matthys noted US Home Corporation is the developer of Stonehaven 4th
Addition and is planning to record a final plat of Stonehaven 5th Addition. To avoid underlying
recorded dedications, that were part of the 4th Addition, the City is vacating all drainage & utility
easements for public purposes that were recorded as part of the 4th Addition in preparation for the
plat of the 5th Addition. Matthys noted notices have been sent out with no objections to the
proposed vacation received, and as part of the Council's action is asking for a continuance until the
April 2, 2013 City Council meeting when the final plat is anticipated to be approved.
The Council discussed the easement vacation. Councilmember Bakken asked about swapping
easement approvals and the possibility to get a permanent public easement over the trail system in
lieu of the current 99 year easement. Matthys responded noting the question would be best
addressed at the April 2nd meeting.
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 close the public hearing for
the vacation of public drainage and utility easements located at Lots 1 & 2, Block 3 and Outlet D of
Stonehaven 4th Addition, and continue action until the April 2, 2013, City Council meeting. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT UTILITIES
Acting City Administrator Miller introduced the item noting the City Code allows for collection
through certification of delinquent utility bills which are not paid. The City currently has
approximately 898 utility bill accounts with delinquent balances. All notices have been published in
the legal newspaper and sent to all affected property owners. Director of Finance Pepper was
available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota
County for collection with property taxes. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
Acting City Administrator Miller introduced the item noting the City Code allows for collection of
delinquent false alarm bills through certification to property taxes. A 10% penalty and a $25
certification fee are added to all outstanding delinquent bills. The City currently has five properties
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with delinquent false alarm bills and the City will accept payment for any portion of the assessment
free of interest charges for a period of thirty days, beginning March 6, 2013. All notices have been
published in the legal newspaper and sent to all affected property owners. Director of Finance
Pepper was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing
and approve the final assessment roll for delinquent false alarm bills and authorize its certification to
Dakota County. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT MOWING BILLS
Acting City Administrator Miller introduced the item noting the City Code allows for collection of
delinquent mowing bills through certification to property taxes. The City currently has six
properties with delinquent mowing. All notices have been published in the legal newspaper and
sent to all affected property owners. Director of Finance Pepper was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and approve the final assessment roll for delinquent mowing bills and authorize its certification to
Dakota County. Aye: 5 Nay: 0
OLD BUSINESS
ORDIANCE AMENDMENT TO CITY CODE CHAPTER 10.40 RELATIVE TO STANDARDS
FOR FIRES OR BARBEQUES ON BALCONIES OR PATIOS
Acting City Administrator Miller introduced the item noting in May 2012, the City Council approved
an ordinance amendment that prohibited all grills on the desks and patios of multi - family housing
units in which at least three units share a common hallway. The purposed ordinance amendment
clarifies the intent of the May 2012 ordinance amendment and specifies that residents of multi-
family housing units cannot grill or store the grills on decks or patios. Fire Chief Scott was available
for questions.
The Council discussed the ordinance amendment.
Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There
being no public comment, he turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance
Amendment to City Code Chapter 10.40 relative to standards for fires or barbeques on balconies or
patios and direct the City Attorney to publish the ordinance amendment. Aye: 5 Nay: 0
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ORDIANCE AMENDMENT— CITY OF EAGAN
Acting City Administrator Miller introduced the item noting the ordinance amendment is to ensure
that City Code references to the City's Water Quality and Wetland Management Plan, Wetlands
Protection and Management Regulations and Post Construction Requirements are current. The
Advisory Parks Commission held a public hearing on February 26, 2013, and recommended
approval.
Mayor Maguire asked if anyone in the audience would like to comment on the ordinance amendment.
There being no public comment, he turned the discussion back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Ordinance
Amendment to Chapter 13, Section 13.20, regarding Water Quality Management and direct the City
Attorney to publish the amendment accordingly. Aye: 5 Nay: 0
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENTS — EAGAN RETAIL
Assistant City Administrator Miller introduced the item noting there are three planned
development amendments being sought for property at 2000 Rahncliff Road. The Advisory
Planning Commission held a public hearing on February 26, 2013, and are recommending approval
of the patio seating and building signage with revised conditions. The APC is recommending denial
of the exterior building modifications.
City Planner Ridley gave a staff report and additional information.
Paul Tucci with Oppidan Inc., addressed the Council giving a brief summary of the request and
signage option for the building. Melanie Bagley, with Noodles & Company discussed the
architectural wedge feature and signage options for the north and west building elevations.
The Council discussed the building signage, clarifying the architectural wedge with channel letters
along with the background surface finish of the building. The Council was supportive of the 55 sq,
ft. sign with channel letters on a raceway for the front of the building. It was noted that the APC
had recommended approval of the signage for the west elevation. It was the consensus of the
Council to approve the Planned Development Amendments with the additional conditions as
noted.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to allow additional outdoor patio seating at 2000 Rahncliff Road, subject to
the following conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota
County Recorder's Office prior to issuance of a building permit. The following plan is required for
the Agreement:
• Patio Plan (32 seats)
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2. The outdoor dining area is subject to City Code requirements including sewer availability charges
(SAC) imposed as a result of the additional seating in the outdoor dining area.
3. A Building Permit shall be obtained for the patio expansion.
4. The Building Permit application shall address concerns regarding accessibility maneuverability and
egress /accessible door clearances.
5. The outdoor patio gate shall be revised to comply with the Liquor Ordinance requirements. No
access shall be gained from the parking lot.
6. All owners of the CIC Plat shall be part of the Planned Development Amendment Agreement.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to allow exterior building modifications of at 2000 Rahncliff Road, subject to
the following conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota
County Recorder's Office prior to issuance of a building permit. The following plan is required for
the Agreement:
i Elevation /Sign Plan
2. A Building Permit shall be obtained for the exterior building material renovations.
3. All awnings shall be Sunbrella fabric awnings in color "Jockey Red ".
4. All owners of the CIC Plat shall be part of the Planned Development Amendment Agreement.
5. Any further sign modifications shall require a Planned Development Amendment.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to allow building signage modifications at 2000 Rahncliff Road, subject to the
following conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota
County Recorder's Office prior to issuance of a sign permit. The following plan is required for the
Agreement:
• Elevation /Sign Plan
2. A sign permit is required prior to installation of any sign, and signage is subject to all other
requirements of the City Code.
3. The Sign Plan shall be revised to include the channel letter sign on the north elevation and the
cabinet sign on the west elevation. The channel letter sign shall be on a raceway similar to the
existing signs on the north fagade.
4. All owners of the CIC Plat shall be part of the Planned Development Amendment Agreement.
5. Channel letters on a raceway signage will be used for front of building.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There is no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
DIRECTOR OF COMMUNITY DEVELOPMENT
Director of Community Development Hohenstein noted in the Administrative Agenda Memo the
addition of Item 1- Authorize investigation of tax increment financing eligibility for former Lockheed
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Martin property. Hohenstein noted at the workshop meeting of February 12, 2013, the City Council
identified a series of preferences for the redevelopment of the Lockheed property and as part of that
discussion it was noted that certain preferences such as structured parking, reductions in the area of
surface parking and expanded pedestrian focus might not be financially feasible unless public financing
assistance were available. The Council responded that it would be open to considering such financing,
depending on how it would further those preferences. Since the workshop, staff has met with
representatives of CSM who have expressed interest in taking initial steps to determine whether a tax
increment financing district could be established for the property.
The Council discussed the item clarifying if the City is to go forward with special legislation it would
create the opportunity for public assistance, and would not commit the City and the City Council to a
decision on public assistance. Hohenstein responded it would be a request for authority and would not
obligate the City to use that authority.
Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to investigate
the eligibility of the former Lockheed Martin property for the establishment of a tax increment financing
district, including an initial assessment of its current qualification through LHB and approaching the
City's Legislative delegation about the submittal of special legislation, if necessary. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize LHB to proceed
with an inspection of the property at a cost not to exceed $9,000 plus reimbursables by an agreement in
a form acceptable to the City Attorney. Aye: 5 Nay: 0
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
8:10 p.m. Aye: 5 Nay: 0
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