12/02/2014 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
DECEMBER 2, 2014
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire and Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent.
A regular meeting of the Eagan City Council was held on Tuesday, December 2, 2014 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley.
Councilmember Bakken was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Director of Finance Pepper, Assistant Finance Director Feldman, Director of
Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley,
Director of Public Works Matthys, Assistant City Engineer Nelson, Director of Parks & Recreation
Johnson, Fire Chief Scott, Police Sargent Tocko, and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted a slight change in the wording for Consent Item Q. — Authorize issuance
of a Request for Proposal (RFP) for AccessEagan to provide a fiber point of presence (POP) connection at
the Databank data center building. It should read: Authorize Project 1179 and Solicitation for Bids for
Access Eagan to provide a fiber point of presence (POP) connection at the data center building.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
Water Resources Manager Macbeth recognized Jerry Engelke and Jean Oberle as the 2014 Watershed
Champions for the City of Eagan.
Several representatives from the Eagan Green Ribbon Committee recognized the Eagan Athletic
Association and Eagan Parks & Recreation Department for a partnership in serving youth sports in the
Eagan community.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as amended: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of November 12, 2014 Special City
Council meeting and November 18, 2014 regular City Council meeting.
B. Personnel Items
It was recommended to accept the hiring of Joshua Wilske, IT Network Supervisor.
It was recommended to approve the status change of the Fire Prevention Specialist
position from part -time (20 hours per week) to full -time (32 hours per week) effective
January 1, 2015.
It was recommended to approve the City of Eagan Information Technology Policy to be
incorporated into the City of Eagan Personnel Policy.
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December 2, 2014
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4. It was recommended to accept the hiring of LuAnn Bayer, Clerical Technician IV, Police
Records.
5. It was recommended to accept the hiring of CSO II /Animal Control Officer "to be
named ".
6. It was recommended to approve the following recommendations of the Personnel
Committee to adjust the City Administrator's compensation to meet the State's salary
cap law.
For 2014 (retroactive to October 2, 2014), adjust the compensation of the City
Administrator by decreasing the car allowance by $270.96 /month, and increasing
the City's contribution to medical insurance by $270.96 /month.
For 2015, adjust the compensation of the City Administrator by decreasing the car
allowance by $311.46 /month, and increasing the City's contribution to medical
insurance by $311.46 /month
For 2015, provide an additional vacation accrual of 9.87 hours to the City
Administrator and authorize the City Administrator to exceed the vacation accrual
cap by up to that amount.
It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve the check registers dated November 14 and 21, 2014.
D. It was recommended to approve the proposed 2015 Enterprise Fund budgets for Public
Utilities (Water, Sanitary, Sewer, Street Lighting, and Storm Drainage /Water Quality),
Cascade Bay, Civic Arena, Community Center and Fiber Infrastructure (AccessEagan).
E. It was recommended to approve 2015 Special Revenue Funds Budgets: Housing Fund, DWI
Forfeiture Fund, Minnesota Investment Fund (MIF), Revolving Loan Fund, E -TV Fund and the
Parking Ramp Fund.
F. It was recommended to approve the 2015 Eagan Convention Visitors Bureau Budget.
G. It was recommended to approve a resolution renewing existing alcohol licenses for 2015.
H. It was recommended to approve a resolution directing the City Clerk to issue 2015 alcohol
license renewals upon the licenses' submission of renewal documents and fees.
I. It was recommended to approve a temporary on -sale liquor license and waive the license
fee for Faithful Shepherd Catholic School's Live and Silent Auction on January 31, 2015 at
3355 Columbia Drive.
J. It was recommended to adopt a resolution approving and Exempt Permit for Faithful
Shepherd Catholic School to conduct a raffle on January 31, 2015 at Faithful Shepherd
Catholic School, 3355 Columbia Drive.
K. It was recommended to approve a temporary on -sale liquor license and waive the license
for the Trinity School at River Ridge's Winter Classic Events on January 31, 2015 at 601 River
Ridge Parkway.
L. Item was removed.
M. It was recommended to approve an On -Sale Liquor and Sunday Liquor License for Tres
Amigos, LLC doing business as Teresa's Mexican Restaurant at 1008 Diffley Road.
N. It was recommended to approve an On -Sale Wine and Sunday Wine License for Davanni's
Inc. doing business as Davanni's Pizza /Hot Hoagies at 1960 Cliff Lake Road.
0. It was recommended to approve a change in ownership of the Off -Sale Liquor License for
Sidco, Inc. doing business as Big Top Liquors, 1284 Town Centre Drive.
P. It was recommended to approve a resolution authorizing partial redemption of the 2005A
Series Improvement bonds.
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December 2, 2014
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Q. It was recommended to approve Project 1179 and the Solicitation for Bids for AccessEagan
to provide a fiber point of presence (POP) connection at the Databank data center building.
R. It was recommended to approve the application for senior citizen deferment of special
assessment for 1787 Gold Court.
S. It was recommended to authorize a variance to the Construction Activity Noise Regulations
to extend construction activity to 24- hours - per -day, from December 8 through December
20, to SAK Construction, in the rehabilitation of Metropolitan Council Environmental
Services sanitary sewer pipes in the McKee Addition neighborhood.
T. It was recommended to approve an agreement between the City of Eagan and the property
owner of 1380 Wilderness Run Road for providing electrical service for winter aeration of
East Thomas Lake.
U. It was recommended to approve the final payment for Contract 14 -13 (Citywide Trail &
Parking Lot Improvements) in the amount of $28,992.44 to Bituminous Roadways, Inc., and
accept the improvements for perpetual City maintenance subject to warranty provisions.
V. It was recommended to receive the Draft Feasibility Report for Project 1169 (Wilderness
Run 1s' & 3`d Additions —Street Improvements) and schedule a public hearing to be held on
January 6, 2015.
W. It was recommended to receive the Draft Feasibility Report for Project 1165 (Rooney
Addition — Street Improvements) and schedule a public hearing to be held on January 6,
2015.
X. It was recommended to receive the Draft Feasibility Report for Project 1162 (Mallard Park
3rd 74 th Additions — Street Improvements) and schedule a public hearing to be held on
January 6, 2015.
Y. It was recommended to receive the Draft Feasibility Report for Project 1175 (Northwood
Parkway and Promenade Avenue — Street Improvements) and schedule a public hearing to
be held on January 6, 2015.
Z. It was recommended to authorize the Submittal of Comments to Dakota County regarding
its Tax Increment Financing Policy.
PUBLIC HEARINGS
Proposed 2015 Budget and Property Tax Levy
City Administrator Osberg introduced the item noted tonight is our annual Truth -in- Taxation
hearing, and the consideration of the adoption of the 2015 budget and property tax levy. Osberg
gave a brief summary of the budget process. A video outlining the proposed 2015 budget
considerations was shown. Osberg noted the video was prepared for and shown during the Budget
Connect show on November 17 via E -TV and the City's website. The virtual budget 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 presentation covering the proposed 2015 budget.
Mayor Maguire opened the public hearing, there being no public comment he turned the discussion
back to the Council.
The Council discussed the 2015 budget and property tax levy.
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December 2, 2014
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Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and
set the 2015 general levy and General Fund budget approval for consideration at the December 16 City
Council meeting. Aye: 4 Nay: 0
Approve Project 1157 Blackhawk Hills & Blackhawk Hills 2nd — Street Improvements
Public Works Director Matthys introduced the item noting as part of Eagan's Pavement
Management Program (PMP), the City evaluates streets within the community throughout their life
cycle and implements appropriate maintenance strategies. Assistant City Engineer Nelson gave a
staff report noting Project 1157 provided for the street improvements of Blackhawk Hills &
Blackhawk Hills 2 "d, located south of Yankee Doodle Road and west of Interstate 35E, a residential
street in central Eagan.
Mayor Maguire opened the public hearing, there being no public comment, he turned discussion back
to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve Project 1157
(Blackhawk Hills 1s' /2nd Additions — Street Improvements) as presented and authorized the preparation
of detailed plans and specifications. Aye: 4 Nay: 0
Approve Project 1164 Red Pine Lane (TH 3 to Weston Hills Drive) — Street Improvements
Assistant City Engineer Nelson gave a staff report noting Project 1164 provided for the street
improvements of Red Pine Lane , a minor collector street in southeast Eagan located south of Cliff
Road and east of TH 3.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1164 (Red
Pine Lane —Street Improvements) as presented and authorized the preparation of detailed plans and
specifications. Aye:4 Nay:0
Approve Project 1168 Waters Edge — Street Improvements
Assistant City Engineer Nelson gave a staff report noting Project 1168 provided for the street
improvements of Waters Edge, a residential street (Englert Road) in central Eagan located south of
Yankee Doodle Road and west of Pilot Knob Road.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1168
(Waters Edge — Street Improvements) as presented and authorized the preparation of detailed plans
and specifications. Aye: 4 Nay: 0
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December 2, 2014
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Approve Project 1123 Cedar Heights — Street Improvements,
Approve Project 1163 Pines Edge 1St - Street Improvements,
Approve Project 1166 St Charles Wood — Street Improvements
Assistant City Engineer Nelson gave staff reports and presentations on the following street
improvements: Project 1123 — Cedar Heights, Project 1163 — Pines Edge 1St, and Project 1166 - St.
Charles Wood.
Mayor Maguire opened the public hearings on street improvements for Project 1123, Cedar Heights
Addition; Project 1163, Pines Edge 1St Addition and Project 1166, St. Charles Wood Addition. There
being no public comment, he turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded the motion to approve Project 1123
(Cedar Heights Addition — Street Improvements), Project 1163 (Pines Edge 1St Addition — Street
Improvements), and Project 1166 (St. Charles Wood Addition — Street Improvements) as presented and
authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0
Approve Project 1161 Witham Lift Station — Sanitary Sewer Lift Station
Public Works Directory Matthys gave a staff report noting a property acquisition would be required in
order to complete the proposed lift station improvements. The impacted property owner has been
cooperative and supportive of the proposed improvements and associated property acquisition. An
appraisal of the property in preparation of the acquisition has indicated greater impacts to the property.
Matthys noted in order to reduce the required property acquisition, a revised design is being proposed,
and it would be appropriate to schedule a new informational neighborhood meeting and public hearing
to allow public review of the revised design.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to continue the Public
Hearing for Project 1161 (Witham Lift Station — Sanitary Sewer Improvements) to January 20, 2015.
Aye:4 Nay:O
Vacate Public Utility Easement (Doc. No. 565797) and a Portion of Public Ponding Easement
(Doc. No. 369372), 1320 Towerview Road, and Approve Final Plat — Devito Addition
Director of Public Works Matthys introduced the item noting the property is located south of Lone Oak
Road and east of Pilot Knob Road in north - central Eagan. The current owners recently purchased the
property with plans for improvements. The recording of a final plat of the property (proposed Devito
Addition) is needed to allow an addition to the existing house to be constructed under a building permit.
Matthys noted on October 13, 2014, City staff received a petition from the property owners requesting
the vacation of a portion of a public ponding easement and a public drainage and utility easement.
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 a Final Plat to
create one lot upon 1.5 acres located on Parcel No. 10- 01000 -31 -032 and the vacation of a public utility
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December 2, 2014
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easement (Document No. 565797) and a portion of a public ponding easement (Document No. 369372)
on said property and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0
OLD BUSINESS
There was no old business to be heard.
NEW BUSINESS
Conservation Easement Encroachment - Lot 3, Block 1 Sweet Place (4611 Sweet Street)
City Administrator Osberg introduced the item noting the Council is being asked to deny or approve a
request for encroachment upon a Conservation Easement on property located at 4611 Sweet Street.
The property owners have been informed by City staff of a violation of the conservation easement on
their property (fence and mowing).
Public Works Director Matthys gave a staff report and provided additional information.
Property owners, Chuck and Camille Witzke, addressed the Council regarding the conservation
easement violations on their property. They gave a summary of their request and were available for
questions. The Witzke's stated they have no problem taking down the three panels of fencing, bringing
the fence to its original state, but feel the 10 to 32 feet of vegetation along the shoreline to be adequate
and are requesting that they be allowed to maintain it as is.
Water Resources Manager Macbeth provided additional information on the conservation easement
encroachment.
The Council discussed the conservation easement encroachment.
Mayor Maguire moved, Councilmember Fields seconded the motion to approve a request for
encroachment upon a Conservation Easement located on property identified as Lot 3, Block 1, Sweet
Place with the condition of removal of fence within the conservation easement and to allow the
continuance of the mowing as it exists today, subject to an executed agreement to be prepared by the
City Attorney. Aye: 4 Nay: 0
Planned Development Amendment- Storchak LLC — A Planned Development Amendment to
Allow a detached trash enclosure located at 3435 Washington Drive
City Administrator Osberg introduced the item noting the Planned Development Amendment (PDA) was
recommended for approval by the Advisory Planning Commission at their November 5, 2014 meeting.
Osberg noted the request is for a PDA to allow a detached trash enclosure upon property located at
3435 Washington Drive. City Planner Ridley gave a staff report.
Mayor Maguire opened the public comment, there being no public comment, he turned the discussion
back to the Council.
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December 2, 2014
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Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Planned
Development Amendment to allow a detached trash enclosure upon property located at 3435
Washington Drive, subject to the following conditions: Aye: 4 Nay: 0
1. The applicant shall enter into a Planned Development Amendment Agreement with the City and
the Agreement must be recorded with the Dakota County Recorder's office within 60 days of
City Council approval.
2. The trash enclosure shall be located as shown on the approved Site Plan.
3. A Building Permit shall be obtained prior to construction of the trash enclosure.
4. The trash enclosure and approach shall be constructed and operational by June 15, 2015.
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.
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
8:38 p.m. Aye: 5 Nay: 0
Date
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Mayor
City Clerk