05/05/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MAY 5, 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 and Hansen. Councilmember Tilley was absent.
A regular meeting of the Eagan City Council was held on Monday, May 5, 2014 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Also
present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director
Garrison, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner
Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief
McDonald, Fire Chief Scott, City Clerk Scipioni and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
Director of Parks & Recreation Johnson recognized Linda Klein, Bob Lane and Kevin Erickson for reaching
the 500 hour volunteer milestone at Holz Farm. Johnson noted volunteers from the Friends of the Farm
and the Eagan Garden Club contributed over 1600 hours of service to Holz Farm in 2013. The City
Council recognized the Friends of the Farm volunteers for their volunteer hours at Holz Farm.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as presented: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of April 16, 2014 regular City Council
meeting.
B. Personnel Items
1. It was recommended to approve the payment to Chief Scott in full satisfaction and
release of all claims regarding his Fire Relief Association Pension.
2. It was recommended to approve the hiring of Jacob Coulson, Patrol Officer.
3. It was recommended to accept the resignation of Detective Brian Gunderson and
authorize hiring his replacement.
4. It was recommended to approve the hiring of Logan Anderson, Patrol Officer.
5. It was recommended to approve the promotion of Lori Stefanko, FT Guest Services
Specialist.
6. It was recommended to approve the hiring of Jonathan Kemp, Dale Stein and Michael
Winters for the position of FT Firefighter.
7. It was recommended to approve the hiring of the Property Maintenance /Code
Enforcement Technician.
8. It was recommended to accept the resignation of Craig Jensen, Streets Maintenance
Worker, and authorize hiring his replacement.
City Council Meeting Minutes
May 5, 2014
2 page
9. It was recommended to approve the status change of Barbara Normandin, Guest
Services Specialist, from 40 hours per week to 24 hours per week.
10. It was recommended to approve the hiring of a Fitness Coordinator at the Eagan
Community Center.
11. It was recommended to approve the reclassification of City Hall Clerical Technician from
grade 4 to grade 5.
12. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve check registers dated April 11, April 18, and April 25, 2014.
D. It was recommended to approve the contract with Palmetto Engineering & Consulting, LLC
to provide a fiber network management software solution to manage documentation of all
City fiber assets and authorize a budget adjustment to the 2014 AccessEagan budget.
E. It was recommended to approve the Dakota County Joint Powers Agreement for Cost
Sharing of the aerial photography for 2014.
F. It was recommended to approve a resolution to accept cash and in -kind advertising
donations from the following organizations and to authorize the necessary budget
adjustments.
G. It was recommended to approve a resolution accepting a $13,800.00 donation from the
Eagan Citizen's Crime Prevention Association that will help to purchase covert video
surveillance equipment.
H. It was recommended to approve a resolution approving an Exempt Permit for the Eagan
High School Boys Hockey Boosters to conduct a raffle on July 20, 2014 at the Eagan Civic
Arena, 3870 Pilot Knob Road.
I. It was recommended to approve action to not waive the monetary limits on municipal tort
liability.
J. It was recommended to approve a resolution accepting a $3,236.00 donation from the
Eagan Citizen's Crime Prevention Association that will be used to reimburse the City for
travel expenses incurred by four staff members who traveled to Livermore, California.
K. It was recommended to direct City staff to work with the City Attorney on the preparation of
an Ordinance. Amendment to Chapters 5 and 11 regarding breweries, brewer tap rooms,
farm wineries and micro - distilleries.
L. It was recommended to approve a Participation Agreement with Greater MSP for use of the
Salesforce.com Communities Portal Regional Database system and authorize the Mayor to
sign the agreement.
M. It was recommended to award Contract 14 -09 (Trunk Highway 13 /Silver Bell Road and Nicols
Road /Cedar Grove Parkway /Silver Bell Road — Intersection Improvements) to Concrete Idea,
Inc., for the base bid in the amount of $161,970, and authorize the Mayor and City Clerk to
execute all related documents.
N. It was recommended to award Contract 14 -06 (Denmark Lift Station Replacement — Sanitary
Sewer Improvements) to Ryan Contracting, Inc., for the base bid in the amount of $559,000
and authorize the Mayor and City Clerk to execute all related documents.
0. It was recommended to approve the final payment for Contract 13 -10 (2013 City -wide
Sanitary Sewer Lining) in the amount of $8,604.68 (5% retainage of $172,093.50 contract) to
Insituform Technologies USA, Inc., and accept the improvements for perpetual City
maintenance subject to warranty provisions.
P. It was recommended to proclaim May 18 through May 24, 2014 as Public Works Week and
authorize the Mayor and City Clerk to execute all related documents.
City Council Meeting Minutes
May 5, 2014
3 page
Q. It was recommended to proclaim June 2014 as Eagan Lakes Appreciation Month and
authorize the Mayor and City Clerk to execute all related documents.
R. It was recommended to approve a Cooperative Construction Agreement with MnDOT for
Contract 14 -04 (TH 55 /TH 149 — Traffic Capacity & Safety Improvements) and authorize the
Mayor and City Clerk to execute all related documents.
S. It was recommended to authorize the City Attorney to draft Ordinance Amendments to
Chapters 4 and 7 of the City Code regarding storm water management.
T. It was recommended to approve a letter of support for an initiative by residents who are
petitioning to change the official State names of Carlson Lake and Quigley Lake to agree with
local references of these lakes.
U. It was recommended to approve a Temporary Use Agreement with Eagan Pointe Senior
Living, LLC, L1, 131 Eagan Pointe Senior Living Addition.
V. It was recommended to approve a Shows License for the Eagan Funfest Committee and a
Temporary On -Sale Liquor License and Off -Site Gambling Permit for the Eagan Lions for the
July 4th Funfest, and waive the fees for the Shows License, Temporary On -Sale Liquor
License, Special Event Permit, Eagan Community Center rentals and outdoor park area
rentals.
W. It was recommended to approve amendments to existing telecommunications lease
agreements with Sprint Spectrum Realty Company, LP, for antenna upgrade installations on
designated water reservoir sites and authorize the Mayor and City Clerk to execute all
related documents.
APPOINTMENT OF ADVISORY COMMISSION MEMBERS
City Administrator Osberg introduced the item, noting there were 24 applicants this year. Of those
24 applicants, 8 were incumbents who took the option not to interview but participate in a survey
about their experiences to date on their respective commissions; 14 were new applicants that
attended their scheduled interview with the City Council on April 8, 2014.
Councilmember Tilley arrived at 6:55 p.m. during the process of the advisory commission
appointments.
The City Council voted via individual ballots on their 2014 advisory commission appointments. The
following were approved by unanimous consent by the City Council:
Advisory Planning Commission
1. Daniel Piper
2. Dan Sagstetter
3. Tom Heaney
4. Joseph Dierkes (alternate)
Advisory Parks and Recreation Commission
1. Mike Palmer
2. Matt Dauphinais (alternate)
Airport Relations Commission
1. Chad Stambaugh
2. Carol Whisnant
City Council Meeting Minutes
May 5, 2014
4 page
3. Scott Johnson
4. Jeff Spartz (alternate)
Energy and Environment Advisory Commission
1. Peter Dugan
2. W. Dustin Mirick
3. John Radmer
4. Richard Arneson
5. Greg Oxley
6. Aditya Jayam Prabhakar (alternate)
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the appointments
to the advisory commissions with terms beginning in May 2014. Aye: 5 Nay: 0
PUBLIC HEARINGS
LOT 1, BLOCK 2, EAGAN PROMENADE EASEMENT VACATION
City Administrator Osberg noted on March 11, 2014, City staff received a petition requesting the
vacation of an existing drainage and utility easement on Lot 1, Block 2, Eagan Promenade. On April
16'2014, the approval of the preliminary subdivision for the Eagan Promenade 4th Addition (Chick -
Fil-A) was continued indefinitely by the City Council. Osberg noted this vacation request has been
reviewed by the Public Works staff and found to be in order for Council action to coincide with
consideration of Eagan Promenade 4th Addition. 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 Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
for the vacation of public drainage and utility easements located on Lot 1, Block 2, Eagan Promenade
and continue action to coincide with future City Council consideration of the Eagan Promenade 4th
Addition final plat and subdivision. Aye: 4 Nay: 0
OUTLOT A, GREAT OAKS & OUTLOTS A & B,
THE WOODLANDS NORTH EASEMENT VACATION
City Administrator Osberg noted on March 6, 2014, City staff received a petition requesting the
vacation of existing drainage and utility easements on Outlot A, Great Oaks and Outlots A and B,
the Woodlands North. The approval of the plat and subdivision for the Great Oaks 2nd Addition is
tentatively scheduled for Council consideration on May 20, 2014. 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 Council.
City Council Meeting Minutes
May 5, 2014
5 page
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing for
the vacation of public drainage and utility easements located on Outlot A, Great Oaks and Outlots A and
B, The Woodlands North, and continue action to coincide with future City Council consideration of the
Great Oaks 2nd Addition final plat and subdivision. Aye: 4 Nay: 0
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT (FIESTA CANCUN) — TRI STAR MANAGEMENT
City Administrator Osberg introduced the item noting the property was developed in 1986 with a
18,430 sf strip retail center. In 2013, the City approved a Planned Development Amendment for
on -sale liquor in conjunction with a full- service restaurant, Fiesta Cancun. Osberg noted Fiesta
Cancun is now proposing to add outdoor patio dining in the yard area at the south end of the
building. City Planner Ridley gave a staff report.
Kris Ballard, applicant representative, was available for questions.
Mayor Maguire opened the public comment. Claudia Danner, 1004 Coneflower Court, addressed the
Council with her concerns for the size of the proposed patio, liquor service on the patio, noise and
odors, given the proximity to the neighborhood. There being no further public comment, Mayor
Maguire turned the discussion back to the Council.
The Council discussed the planned development amendment stating their concerns with the size and
location of the patio. Mayor Maguire also suggested Ms. Ballard, the architect and the restaurant
owner meet with City staff to look at patio size and the possibility of an alternative patio location. After
further discussion it was the consensus of the Council to continue the item to the June 3, 2014 City
Council meeting.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Planned
Development Amendment to allow outdoor patio dining in conjunction with a restaurant with an on-
sale liquor license upon property located at 4250 Lexington Avenue South to the June 3, 2014 City
Council meeting. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT — SPECTRUM DEVELOPMENT GROUP
City Administrator Osberg introduced the item noting the Council approved a Conditional Use
Permit allowing the outdoor storage of 600+ passenger vehicles and storage racks earlier this year.
The present request remains the same save for the addition of 26 rental trucks and an equal
reduction of passenger vehicles. City Planner Ridley gave a staff report.
Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned
the discussion back to the Council.
City Council Meeting Minutes
May 5, 2014
6 page
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit (CUP) to allow outside storage of up to 595 passenger vehicles, 26 trucks and storage racks at
2905 Lexington Avenue South, subject to the following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council.
2. Outside storage and minimum drive aisle widths shall occur as depicted on the Site Plan
received on March 19, 2014.
3. All vehicle storage stalls shall be striped and extension of the opaque architectural wall with
gates at the entry to the storage yard shall be completed by July 1, 2014.
4. Vehicles and materials stored outside shall be owned and maintained by an entity with offices
located in the principal building. Retail sales of vehicles shall be prohibited.
5. A demolition permit shall be obtained prior removed of the cold storage building.
6. Lock boxes meeting Eagan Fire Department specifications shall be installed at all fence gate
locations by July 1, 2014.
7. Building address numbers shall be displayed in accordance with the provisions in Chapter 2,
Section 2.78 of the City Code.
8. Recording of this Conditional Use Permit shall simultaneously terminate all previously issued
Conditional Use Permits for Lot 1, Block 1, Eagandale Center Industrial Park #10.
ORDINANCE AMENDMENT— DYNAMIC SIGNAGE
City Administrator Osberg introduced the item noting the Council considered the issue at two
separate workshops and reached consensus that a one minute hold time would be appropriate.
The Advisory Planning Commission held a public hearing on April 22, 2014 and they recommended
approval of the amendment. City Planner Ridley gave a staff report.
Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned
the discussion back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance
Amendment to Chapter 11, Section 11.70, to modify the message hold time from twenty (20) minutes
to one (1) minute for onsite dynamic signage and direct the City Attorney to publish the amendment or
summary accordingly. Aye: 5 Nay: 0
ORDINANCE AMENDMENT— ACCESSORY DWELLING UNIT
City Administrator Osberg introduced the item noting in 2010, the City of Eagan participated in the
Opportunity City Program which was a tool developed by the Urban Land Institute and Regional
Council of Mayors for cities interested in receiving assistance in pursuing their goal of supporting a
full range of housing choices in suburban cities for a stronger, more prosperous region. Osberg
noted before the Council is consideration of the Ordinance. City Planner Ridley gave a staff report.
The Council discussed the ordinance amendment.
Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned
the discussion back to the Council.
City Council Meeting Minutes
May 5, 2014
7 page
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance
Amendment to Chapter 11, Section 11.60, regarding the provision of Accessory Dwelling Units in
detached single family units and direct the City Attorney to publish the summary accordingly. Aye: 5
Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Hansen noted at the Metro Cities annual meeting he was elected to the Board of
Directors effective July 1, 2014.
DIRECTOR OF PUBLIC WORKS
Director of Public Works Matthys noted the Draft 5 -Year CIP was handed out for the Councils review, in
anticipation of the City Council Workshop on May 13th. Matthys noted Public Works week is May 18 -24.
DIRECTOR OF COMMUNITY DEVELOPMENT
Director of Community Development Hohenstein noted Simon /Paragon hired a General Manager and
are staffing up locally holding a job fair on June 6 th
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
8:16 p.m. Aye: 5 Nay: 0
Date
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In
EneraN and _Environment Advisory- Commission (EEAC )
2-vear Terms
1.
2.
3.
H
Alternate (1 -year term)
U
2