03/04/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MARCH 4, 2014
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.
Dave Karsnia, an Eagan resident, addressed the Council regarding an option to keep the outdoor rinks
open longer than mid- February. The City Council discussed the issue and asked staff to follow up with
Mr. Karsnia.
A regular meeting of the Eagan City Council was held on Tuesday, March 4, 2014 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, Director of Community Development
Hohenstein, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott, and Executive
Assistant Stevenson.
AGENDA
City Administrator Osberg noted the addition to the Consent Agenda under Personnel Item 6 — the
Replacement of the full -time Parks & Recreation Central Services Aide with two part -time Clerical
Technician positions.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions or presentations to be heard.
CONSENT AGENDA
Mayor Maguire pulled Item R for further discussion.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as amended: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of February 11, 2014 Special City Council
meeting and February 18, 2014 regular City Council meeting as presented.
B. Personnel Items
It was recommended to approve the policy changes and title to Section 29 of the City of
Eagan Personal Policy from "Personal Use of Equipment" to be entitled "Personal Use of
City Resources ".
It was recommended to approve a modification to section 24.1.1 - (application process)
of the Tuition Reimbursement Policy.
It was recommended to approve the resignation and retirement of Cherryl Mesko,
Superintendent of Operations for the City of Eagan Parks & Recreation enterprises
facilities.
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March 4, 2014
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4. It was recommended to approve the next phase of the reorganization of the Parks &
Recreation Department to include approval to create the position of Assistant Director
of Parks & Recreation.
5. It was recommended to approve the hiring of seasonal employees in Parks &
Recreation.
6. It was recommended to authorize the replacement of the FT Parks & Recreation Central
Services Aide with two (2) PT Clerical Technician positions.
C. It was recommended to approve check registers dated February 14 and February 21, 2014.
D. It was recommended to approve temporary on -sale liquor license for the Twin Cities Good
Time Softball League's North Star Classic Tournament on May 24 and 25, 2014.
E. It was recommended to approve the pool of Consultant Service providers for lawn mowing,
refuse removal, securing vacant buildings and general maintenance for the collection of
businesses on the attached list, authorize the City Planner and /or Senior Code Enforcement
Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to
execute all related documents.
F. It was recommended to approve a resolution requesting the Minnesota Commissioner of
Transportation's approval of the designation of existing street segments on the City of
Eagan's Municipal State Aid (MSA) roadway system.
G. It was recommended to designate Comanche Road, west of Plant Road, as a Minimum
Maintenance Road, authorize the installation of appropriate signage and authorize the
Mayor and City Clerk to execute all related documents.
H. It was recommended to approve the appointment of Joseph Reymann, Julie Vigness -Pint,
and Monica Foss for the three (3) board member positions to the Eagan -Inver Grove Heights
Watershed Management Organization per the Joint Powers Agreement in effect as of
January 15, 2014, and authorize the Mayor and City Clerk to execute all related documents.
I. It was recommended to approve a contract for Geographic Information System (GIS)
Consulting Services with Geographic Technologies Group for the Base Bid in the amount of
$22,400, and authorize the Mayor and City Clerk to execute all related documents.
J. It was recommended to approve a resolution to provide workers' compensation coverage
for all members of the Eagan City Council.
K. It was recommended to approve budget adjustments for 2013 and 2014 to account for:
1. Change in accounting for support services provided by the General Fund to the Utilities
Fund.
2. Change in accounting for Fire State Aid received annually.
3. Reduction in accrual of expense for Other Post - Employee Benefits (OPED), i.e., retiree
health insurance.
4. Increased building activity in 2013 comprised of higher contractual inspection costs and
VISA /MasterCard charges.
L. It was recommend to acknowledge the completion and authorize perpetual City
maintenance, subject to warranty provisions, of City Project 07 -B (Whispering Woods 14th
Addition).
M. It was recommended to receive the bids for Contract 14 -11 (City -Wide Inflow & Infiltration
Mitigation, Part 1— Sanitary Sewer Improvements), award the contract to Ess Brothers and
Sons, Inc. for the base bid amount of $16,935.00, and authorize the Mayor and City Clerk to
execute all related documents.
N. It was recommended to receive the bids for Contract 14 -12 (City -Wide Inflow & Infiltration
Mitigation, Part 2 — Sanitary Sewer Improvements), award the contract to Infratech
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March 4, 2014
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(Infrastructure Technologies) for the base bid amount of $10,988.00, and authorize the
Mayor and City Clerk to execute all related documents.
0. It was recommended to approve a resolution to accept a donation of $359.97 from
Honeywell and a donation of $300.00 from Dakota Electric for the purpose of purchasing a
portable sound system for use at Parks & Recreation community events and to authorize the
necessary budget adjustment and direct the Mayor and City Clerk to sign the appropriate
documents.
P. It was recommended to approve an agreement with the Metro Volleyball Officials
Association to provide officials to officiate adult volleyball league games during 2014 and
direct the Mayor and City Clerk to sign the appropriate documents.
Q. It was recommended to approve an agreement with Baser PL Umpires Association to
provide umpires to officiate adult softball league games during 2014 and direct the Mayor
and City Clerk to sign the appropriate documents.
R. It was recommended to approve an agreement with Forecast Public Art in the amount of
$10,000 to facilitate a community process to develop recommendations for an Arts and
Culture Plan and to authorize a transfer of funds from 2013 to 2014 and direct the Mayor to
sign the appropriate documents.
S. It was recommended to approve Change Order No. 4 to Contract 13 -05 (Cedar Grove
Parking Garage) and authorize the Mayor and City Clerk to execute all related documents.
PUBLIC HEARINGS
CERTIFICATION OF DELINQUENT UTILTIES
City Administrator Osberg 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 924
utility bill accounts with delinquent balances. At the February 3, 2014 City Council meeting, a
public hearing was scheduled for the March 4, 2014 City Council meeting. The City currently has
approximately 924 utility bill accounts with delinquent balances. 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 Tilley 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 MOWING, NOXIOUS WEEDS,
AND REFUSE REMOVAL BILLS
City Administrator.Osberg introduced the item noting the City Code allows for collection of
delinquent mowing, noxious weeds, and refuse removal bills through certification to property
taxes. At the February 3, 2014 City Council meeting, a public hearing was scheduled for the March
4, 2014 City Council meeting. The City currently has five properties with delinquent bills. Director
of Finance Pepper was available for questions.
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March 4, 2014
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Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing
and approve the final assessment roll for delinquent mowing, noxious weeds, and refuse removal bills
and authorize its certification to Dakota County. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
City Administrator Osberg introduced the item noting the City Code allows for collection of
delinquent false alarm bills through certification to property taxes. At the February 3, 2014 City
Council meeting, a public hearing was scheduled for the March 4, 2014 City Council meeting. The
City currently has four properties with delinquent false alarm bills. 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 Tilley moved, Councilmember Hansen 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
OLD BUSINESS
ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE
CHAPTER 10 REGARDING THE USE OF COAL TAR SEALANTS
City Administrator Osberg introduced the item noting during the last legislative session, a new
statute was enacted that bans the use and sale of coal tar sealants throughout the state. The
statewide ban applies to Eagan, and an ordinance amendment is necessary to allow the City to
enforce the ban locally. Without the proposed ordinance amendment, the Minnesota Pollution
Control Agency would be responsible for enforcement. Osberg noted this ordinance comes as a
recommendation of the Energy and Environment Advisory Commission.
The Council discussed the amendment. Councilmember Hansen suggested the language in the
ordinance be gender neutral and recommended changes to Sec. 10.45, Subd.2.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance
Amendment to City Code Chapter 10 regarding the use of coal tar sealants and direct the City Attorney
to publish the ordinance amendment. Aye: 5 Nay: 0
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PLANNED DEVELOPMENT AMENDMENT — MFC PROPERTIES (TOWN CENTRE SHOPPES)
City Administrator Osberg introduced the item noting the applicant continues to work on revisions
to the proposal based on comments from the February 3, 2014 City Council meeting and is
requesting a continuance to the March 18, 2014 City Council meeting. City Planner Ridley was
available for questions.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the item to the
March 18, 2014 City Council meeting. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT — RJR ENTERPRISES
City Administrator Osberg introduced the item noting the property contains an existing 18,000 s.f.
multi- tenant building that was constructed in 2002. The property is zoned General Business, in
which minor motor vehicle repair is considered a conditional use. City Planner Ridley gave a staff
report.
The Council discussed the conditional use permit.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use
Permit to allow a minor auto repair upon property located at 4101 Nicols Road, subject to the following
conditions: Aye:5 Nay :0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council.
2. Outside storage of vehicles is prohibited.
REZONING AND FINAL PLANNED DEVELOPMENT — JENSEN & JENSEN
PROPERTIES AND EAGAN ECONOMIC DEVELOPMENT AUTHORITY
City Administrator Osberg introduced the item noting in 2013, the EDA entered into a purchase
agreement to sell Outlot D to Jensen's. Osberg noted two actions before the Council are rezoning
from Cedar Grove District (CGD) to Planned Development (PD), and a Final Planned Development
for a restaurant building, parking expansion and outdoor patio dining. Osberg noted the Advisory
Planning Commission held a public hearing on the proposal at the February 25, 2014 meeting and
recommended approval. City Planner Ridley gave a staff report.
The applicant, Doron Jensen was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
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March 4, 2014
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Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from
CGD, Cedar Grove District, to PD, Planned Development, for property located at 3840 Sibley Memorial
Highway, legally described as Lot 1, Block 1, Jensen's Supper Club Vt Addition and Outlot D, Paragon
Addition. Aye:5 Nay:0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Planned
Development for restaurant building and parking expansion and outdoor patio dining upon property
located at 3840 Sibley Memorial Highway, legally described as Lot 1, Block 1, Jensen's Supper Club 1st
Addition and Outlot D, Paragon Addition, subject to the following conditions: Aye: 5 Nay: 0
1. The applicant shall enter into a Final Planned Development Agreement which shall be executed
and recorded with the Dakota County Recorder's office and proof of recording shall be provided
to the City. The Final Planned Development Agreement shall include the following exhibits:
a. Final Site Plan
b. Final Building Elevations Plan
c. Final Landscape Plan
d. Final Signage Plan
e. Final Site Lighting Plan
2. A pedestrian connection shall be provided between the Jensen's site and the future trail to the
southeast and at least one of the existing adjacent trails along Rahn Road or Nicols Road.
3. All erosion/ sediment control plans submitted for development and grading permits shall be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans.
4. All personnel responsible for the installation of erosion/ sediment control devices, and the
establishment of vegetation for the development, shall have received Erosion /Sediment Control
Inspector /Installer certification through the University of Minnesota, or approved equal training
as determined by the City Engineer.
5. All public and private streets, drainage systems, and utilities necessary to provide service to this
development shall be designed and certified by a registered professional engineer in accordance
with City adopted codes, engineering standards, guidelines, and policies.
6. After the Nicols Road driveway entrance is relocated to a new shared entrance, the applicant
shall cause the existing driveway entrance to be closed, and trail and boulevard restored, in a
manner acceptable to the City Engineer.
7. This development shall dedicate 10 -foot drainage and utility easements centered over all lot
lines and, 10 -foot drainage and utility easements adjacent to all public right -of -ways, in addition,
where necessary to accommodate existing or proposed utilities or drainage ways within the plat.
The development shall dedicate easements of sufficient width and location as determined
necessary by engineering standards.
8. The trail easement on the south side of the property shall be of sufficient size for the future trail.
Any future temporary construction easements necessary for construction of the trail shall be
provided, in a form acceptable to the City Attorney, at no cost to the City.
9. The developer shall obtain all outside agency permits as necessary for completion of the site
improvements.
10. Angled parking to the site shall meet City Code standards for 11.5' wide stalls.
11. The building expansion shall utilize finish materials to match the existing building. Overhead
and service doors shall be painted to match the color of the siding.
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March 4, 2014
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12. The masonry base for the new monument shall match the masonry elements on the principal
building
13. The pylon sign shall be constructed with a masonry base to match the monument signs and the
masonry elements of the principal structure. The masonry base shall extend to match the width
of the sign panel (9').
14. Any equipment (such as an electrical box, receivers, or antenna) associated with the pylon sign
and dynamic panel shall be located to be as unobtrusive as possible, and shall be screened or
painted to match the sign structure as appropriate depending on its placement.
15. Operation of the proposed dynamic sign shall be subject to City Code standards.
16. The applicant shall enter into an encroachment agreement, in a form acceptable to the City
Attorney, to allow the existing monument at the Nicols Road access to remain in its present
location with the utility easement.
17. The new monument sign at the Rahn Road access shall be relocated to be set back at least 10'
and outside of the easement.
18. The proposed pylon sign shall be relocated out of the utility easement.
19. The manual readerboard on the building shall be removed in conjunction with installation of the
new pylon sign with dynamic message panel.
20. Any new and future building signs shall be subject to compliance with City Code.
21. A revised Landscape Plan incorporating more year around plant materials in place of some
perennials in the free - standing sign areas shall be provided for staff review and approval to be
incorporated into the Final Planned Development Agreement.
22. A total of 21 trees shall be provided on the Final Landscape Plan.
23. The future outdoor dining patio shall be subject to compliance with City Code standards at the
time it is installed, including any Sewer Availability Charges as a result of additional seating in
the patio area. Specific plans for the patio dining area shall be submitted to the City for review
and approval, and a Building Permit obtained if necessary, prior to installation of the patio.
Seating shall be limited to the number of seats shown on the seating plan approved by the city.
24. The Photometric Plan shall be revised to include existing lighting and a data summary,
demonstrating compliance to CGD standards including minimum and average illumination.
Existing and proposed lighting shall match throughout the site.
25. The development shall accept its additional financial obligations as defined in the staff's report
in accordance with the final plat dimensions and the rates in effect at the time of final plat
approval.
26. The property shall be platted.
27. The applicant shall provide a patio seating plan for the Final Planned Development.
28.
COMPREHENSIVE GUIDE PLAN AMENDMENT— INTERSTATE PARTNERS
City Administrator Osberg introduced the item noting the action before the Council is to authorize
submittal of the comprehensive guide plan amendment to the Metropolitan Council. The 10 acre
site is zoned planned development. The northern portion of the property was platted in 1985 and
developed with a 10 -story office building, which is currently vacant, and associated parking. The
southern portion was replatted in 2008 and is undeveloped. Osberg noted the property is located
within the Central Commons Special Area. City Planner Ridley gave a staff report.
The applicant, Greg Miller was available for questions.
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Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the amendment and its consistency with the goals of the Central Commons
Special Area Plan. Councilmember Bakken noted his concerns relative to the Yankee Doodle Road
Corridor Study and access in the area when the Yankee Doodle Road median is extended at O'Leary
Lane.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to direct staff to submit a
Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation
from Special Area /Office Service to Special Area /Mixed Use upon approximately 10 acres generally
located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue. Aye:
5 Nay :0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire noted tonight's City Council meeting is the last meeting for paper packets with the City
moving forward to electronic packets. Councilmember Hansen noted how nice the Firefighter Banquet
was and looks forward to it every year.
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
7:35 p.m. Aye: 5 Nay: 0
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