12/03/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
DECEMBER 3, 2013
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire and Councilmembers Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, December 3, 2013 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 Osberg, Assistant City Administrator Miller, Director of
Communications Garrison, Director of Finance Pepper, Assistant Finance Director Feldman, Director of
Parks and Recreation Johnson, Director of Community Development Hohenstein, City Planner Ridley,
Director of Public Works Matthys, Fire Chief Scott, and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted two changes to the Agenda. In yesterday's Administrative Agenda it
was noted for a closed session to discuss labor negotiations, which will not be needed. An addition was
proposed under Recognitions and Presentations, to receive an update from Communications Director
Garrison on the recent cable needs assessment focus groups. Osberg noted one last call to the
community for the opportunity to provide feedback by completing the cable survey on the City's
website by December 19tH
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATIONS
Director of Communications Garrison provided an update on the cable franchise renewal process and
noted the opportunity for the community to take the Community Media Online Survey by December
19tH
CONSENT AGENDA
Mayor Maguire pulled items W and Y for further discussion.
Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the Consent Agenda
as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of November 19, 2013 regular City
Council meeting.
B. Personnel Items
1. It was recommended to approve the hiring of Melissa Timm Office Support Specialist in
Administrative Services.
1. It was recommended to approve the hiring of a full -time Temporary Street Maintenance
Worker.
C. It was recommended to approve check registers dated November 15, 2013.
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December 3, 2013
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D. It was recommended to approve the 2014 Enterprise Fund budgets for Public Utilities
(Water, Sewer, Street Lighting, Storm Drainage /Water Quality), Cascade Bay, Civic Arena,
Community Center, and Fiber Infrastructure (AccessEagan).
E. It was recommended to approve the 2014 Special Revenue Fund budgets: Housing Fund,
DWI Forfeiture Fund, Minnesota Investment fund (MIF) Revolving Loan Fund, Cable TV
Franchise Fees Fund, Cedar Grove Special Services District Fund and E -TV Fund.
F. It was recommended to approve the 2014 Eagan Convention and Visitors Bureau (ECVB)
Budget.
G. It was recommended to approve a Resolution Renewing existing alcohol licenses for 2014.
H. It was recommended to approve a Resolution directing the City Clerk to issue 2014 alcohol
license renewals upon licensees' submission of renewal documents and fees.
I. It was recommended to approve a change of manager for Granite City Food & Brewery's On-
Sale Liquor License.
J. It was recommended to approve a change of manager for Axel's Bonfire's On -Sale Liquor
License.
K. it was recommended to approve a change of ownership for Davanni's On -Sale Beer License.
L. It was recommended to direct preparation of an ordinance amendment to City Code
Chapter 6 relative to coal tar sealants.
M. It was recommended to approve the Final Subdivision — Eagan Pointe Senior Living.
N. It was recommended to approve an extension of recording Final Subdivision for Dakota
Path.
0. It was recommended to present a Feasibility Report for City Project 1140, Stonebridge
Ponds and Schedule Public Hearing (January 7, 2014).
P. It was recommended to present a Feasibility Report for City Project 1139, Oakwood Heights
2nd Addition and Schedule Public Hearing (January 7, 2014).
Q. It was recommended to present a Feasibility Report for City Project 1137, Alden Pond and
Schedule Public Hearing (January 7, 2014).
R. It was recommended to approve City Contract 13 -25, CLIMB Theatre, Blackhawk Lake
Protection Project.
S. It was recommended to approve the Final Payment, City Contract No. 13 -07, 2013 Citywide
Trail Improvements.
T. It was recommended to approve the Final Payment, City Contract No. 13 -06, 2013 Citywide
Parking Lot Imp rovem e nts.
U. It was recommended to approve an Amendment to Connection Charge Agreement &
Assessment Deferral Agreement, Lot 1, Block 1 Prowire Addition.
V. It was recommended to approve the Inflow & Infiltration (I &1) Program Surcharge Appeals.
W. It was recommended to approve the Plan of Dissolution and Distribution of Assets of the
Gun Club Lake Watershed Management Organization.
X. It was recommended to approve a Resolution accepting a $1,866.00 donation from an
Eagan Business.
Y. It was recommended to approve a Resolution to accept a donation of $29,590 from Flint
Hills Refinery for the purpose of purchasing a Fire Prevention kitchen Fire Simulator Trailer.
Z. It was recommended to approve the Change Order No. 2, City Contract No. 13 -12, Cedar
Grove Parkway Trail & Lighting Improvements.
AA. It was recommended to approve a Resolution to accept a donation of $2,760 from the
Commons on Marice for the Fire Department and Authorize the necessary budget
adjustments.
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December 3, 2013
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PUBLIC HEARINGS
PROPOSED 2014 BUDGET AND PROPERTY TAX LEVY
City Administrator Osberg gave a summary of the overall budget process. Osberg noted a virtual
budget open house was held on November 18 via E -TV and the City's website. The new open
house format reached out to residents of the community for budget questions and input in
advance and during the broadcast. Director of Finance Pepper gave a staff report. Pepper pointed
out the sales tax exemption is new for 2014.
Mayor Maguire opened the public hearing. Ronald Erickson, 3656 Woodland Trail, addressed the
Council with his questions about the budget and levy. Mayor Maguire asked staff to respond to the
questions. Director of Finance Pepper responded to the questions. There being no further public
comment, Mayor Maguire turned discussion back to the Council.
The Council discussed the 2014 budget, property tax levy and the new sales tax exemption.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and approve the General Fund budget of $29,922,800 and approve a resolution adopting the final 2014
general levy of $29,086,355. Aye: 5 Nay: 0
OLD BUSINESS
ORDINANCE AMENDMENT — CITY OF EAGAN
City Administrator Osberg introduced the item noting the City Council recently directed staff to
work with the City Attorney regarding an ordinance amendment to accommodate brew pub /tap
rooms. The City currently does not allow retail sales (off sales) in Industrial zones. Osberg noted
amending the City Code to allow limited retail operations in the Industrial and modifying allowed
retail use in the Business Park zoning categories will ensure that Eagan remains competitive in the
metro area. City Planner Ridley gave a staff report.
Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There
being no public comment, he turned discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance
Amendment to City Code Chapter 11, Section 11.60, relative to retail sales in the Industrial and Business
Park Zoning Districts and direct the City Attorney to publish the ordinance amendment /summary. Aye:
5 Nay:0
NEW BUSINESS
CONDITIONAL USE PERMIT — MEADOW VIEW INDUSTRIAL
City Administrator Osberg introduced the item noting the application is for a Conditional Use
Permit to allow outside storage of a maximum of 25 over - the -road trailers, trucks and vans and to
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December 3, 2013
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allow outside storage of 2 recycling compactors for property at 1675 Meadowview Road, the
subject property is currently zoned 1 -1 (limited Industrial). City Planner Ridley gave a staff report.
The applicant, Gregg Miller, was available for questions.
Mayor Maguire asked if anyone in the audience would like to comment on the conditional use permit.
There being no public comment, he turned discussion back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit to allow outside storage of a maximum of 25 over - the -road trailers, trucks and vans for property
at 1675 Meadowview Road, subject to the following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval and proof of its recording be provided to the City.
2. This Conditional Use Permit shall replace any and all former Conditional Use Permits and Interim
Use- Permits for --the - property.
3. If the city determines that the site is deficient in parking, the applicant's outside storage area shall
be restriped to accommodate the additional stalls.
4. The outdoor storage is limited to a maximum of 25 over - the -road trailers, trucks and vans located
in the parking lot on the north side of the building.
5. The storage shall be kept in an orderly fashion and all vehicles shall be operable.
6. Four 6 -foot green spruce trees shall be planted by May 31, 2014, per the Site Plan received on
October 16, 2013.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit to allow outside storage of 2 recycling compactors for property at 1675 Meadowview Road,
subject to the following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval and proof of its recording be provided to the City.
2. This Conditional Use Permit shall replace any and all former Conditional Use Permits and Interim
Use Permits for the property.
3. The outdoor storage is limited to 2 recycling compactors located behind the rear of the building.
4. The compactors shall be painted a color to match the building and shall be maintained to prevent
cracked, peeling and faded paint.
COMPREHENSIVE GUIDE PLAN AMENDMENT — GREGORY PREUSSE
City Administrator Osberg noted the Council is being asked to give consideration to authorization
and submit an application to the Metropolitan Council for a Comprehensive Guide Plan
Amendment at 4135 Old Sibley Highway and provided a brief history of the request. City Planner
Ridley gave a staff report noting City staff received one letter of objection to the proposed
amendment.
The applicant, Gregory Preusse was not available for questions.
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Mayor Maguire asked if anyone in the audience would like to comment on the comprehensive guide
plan amendment. There being no public comment, he turned discussion back to the Council.
The Council discussed the request, noting without Mr. Preusse present to answer questions, the
Council was not ready to make a decision regarding the application. The Council suggested staff
contact Mr. Preusse to attend the next meeting. Councilmember Tilley noted the letter of
objection and her concern about lightening strikes in the area. After further decision, it was
decided to continue the item.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the item to
the December 17, 2013 City Council meeting.
CONSIDER COMCAST'S REQUEST
TO IMPOSE LATE FEE ON EAGAN CABLE SUBSCRIBERS
City Administrator- Osberg introduced the item noting on November 12, 2013, the City received a
request from Comcast that the Eagan City Council approve an increase in the administrative late
fee the company charges customers who do not pay their bills on time. Osberg noted Comcast
desires to raise the fee for late payments from the current $8 to $9.50. Comcast last raised its late
fee in 2010. Communications Director Garrison gave a staff report.
The City's cable franchise attorney, Brian Grogan, of Moss & Barnett was available to answer
questions.
Emmett Coleman, Vice President of Government Affairs for Comcast Twin Cities region, gave a
summary of the request and was available for questions.
The Council discussed the request.
Mayor Maguire asked if anyone in the audience would like to comment on Comcast's proposed late fee
on cable subscribers. There being no public comment, he turned discussion back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion that due to the expense and
City staff time associated with the City undertaking a comprehensive review of Comcast's request to
increase its cable service late fees, the City hereby allow Comcast to adjust its late fee as proposed
without the City approving or denying said request. Nothing in this motion shall waive the City's future
right of approval of subsequent late fee increases. Aye: 5 Nay: 0
The Council took a 10 minute break.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
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December 3, 2013
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VISITORS TO BE HEARD
Mike DeRosier, 4125 Prairie Ridge Road, addressed the Council with his concerns about MNSPECT
performing contact roofing inspections for the City. The Council directed staff to provide additional
information regarding changes in roof inspection procedures with an explanation regarding how the
new procedures continue to provide service to the public and how the Building Inspections Division is
made aware that inspections performed by MNSPECT achieve expected results.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:51 p.m. Aye: 5 Nay: 0
Date
4.
Mayor
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City Clerk