01/06/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JANUARY 6, 2015
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, Tilley and Hansen.
Marie Segar, as secretary of the Eagan Firefighters Relief Association, addressed the City Council
regarding the letter that was sent on behalf of the Eagan Volunteer Firefighters. City Administrator
Osberg suggested taking the issue to a future Personnel Committee meeting. The Council concurred
with the recommendation.
A regular meeting of the Eagan City Council was held on Tuesday, January 6, 2015 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
Finance Pepper, 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, Assistant Parks & Recreation Director Flewellen, Police Chief
McDonald, and Executive Assistant Stevenson.
AGENDA
City Administrator noted under the Consent Agenda the Addition of Item M. — Approve Renewal of On-
Sale 3.2 Percent Malt Liquor (Beer) and Wine License for J & R Group Inc. doing business as Italian Pie
Shoppe & Winery. Osberg also noted a clarification under Consent Item E. - Attachment 1— the
Professional Services Agreement with Mohagen Hansen Architectural Group has been revised.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye:5 Nay :0
RECOGNITIONS AND PRESENTATION
Oaths of Office — Mayor Maguire, Councilmembers Bakken and Hansen
The Oaths of Office was administered to Mayor Maguire and Councilmember Gary Hansen, who were
re- elected to four year terms. Councilmember Paul Bakken, who was also re- elected to a four year
term, was administered the Oath of Office prior to the meeting.
Presentation of 2014 Residential Survey Results
City Administrator Osberg introduced the 2014 Eagan Residential Survey results noting every two years
the City hires an independent research firm to conduct a residential survey. The Morris Leatherman
Group was retained to conduct the 2014 residential survey.
Bill Morris, President of Morris Leatherman Group, presented the results of the 2014 Community
Survey.
City Council Meeting Minutes
January 6, 2015
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CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as amended: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of December 16, 2014 regular City
Council meeting.
B. Personnel Items
1. It was recommended to approve the elimination of the 40 hour vacant
Receptionist /Clerical Technician III at Central Services and replace with 30 hours
allocated to Public Works operational duties and 10 hours allocated to Central
Maintenance clerical support and approve a corresponding budget adjustment of
$15,500.
2. It was recommended to approve a budget adjustment of $3,100 to reflect an increase in
the amount of hours the Fire Prevention Specialist will work in 2015.
3. It was recommended to accept the resignation of Tom Streefland, Mechanic Shop &
Equipment Supervisor and authorize hiring his replacement.
4. It was recommended to approve the Parks & Recreation Compensation for 2015.
5. It was recommended to approve the hiring of Tom Miklya, FT Regular Building Inspector
and PeterAkmenkalns, FT Temporary Building Inspector.
6. It was recommended to approve the reclassification of the Fire Administrative Assistant
from Level 4 to Level 6 effective April 2015.
7. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve the check registers dated December 12 and 19, 2014.
D. It was recommended to adopt a Resolution accepting a $1000 donation from Wal -Mart,
used by the Eagan Police Department to purchase holiday gift cards for the Police
Department's "Shop with a Cop" program.
E. It was recommended to approve a professional services agreement with Mohagen Hansen
Architectural Group for services associated with Old Town Hall.
F. It was recommended to approve the final payment for Contract 14 -08 (TH 55 /TH 149 —
Traffic Signal Material and Equipment) to Millerbernd Manufacturing Co. and accept the
materials and equipment for perpetual City maintenance subject to warranty provisions.
G. It was recommended to approve Change Order No. 5 to Contract 14 -04 (TH 55/149 Safety
and Capacity Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
H. It was recommended to adopt a resolution approving a Premise Permit for the South Robert
Street Business Association to conduct lawful gambling at Blue Stone Steak and Seafood,
2864 Highway 55, Suite 200.
I. It was recommended to approve a one -year extension of the Conditional Use Permit and
Variance approvals for property legally described as Lot 1, Block 1, Spectrum Business Park
in the NW % of Section 2.
J. It was recommended to approve a resolution renewing a kennel license with conditions for
Angel's Pet Sanctuary, 4940 Dodd Road.
K. It was recommended to approve an extension of the original artwork agreement for the
donation of a painting depicting the 1914 Town Hall, created by artist Larry Landis and
approve the extension to the limited use copyright agreement allowing the Eagan Historical
Society to reproduce and sell said artwork from December 31, 2014 to June 1, 2015.
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January 6, 2015
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L. It was recommended to approve a resolution to accept a grant from the Metropolitan
Regional Arts Council in the amount of $5,000 for a Community Arts Grant.
M. It was recommended to approve the renewal of an On -Sale 3.2 Percent Malt Liquor (Beer)
and Wine License for & R Group Inc. doing business as Italian Pie Shoppe & Winery.
PUBLIC HEARINGS
Project 1162 — Mallard Park 3rd & 4th Additions Street Improvements
Project 1165 — Rooney Addition Street Improvements
Project 1169 — Wilderness Run 1St & 3rd Additions Street Improvements
Project 1175 — Northwood Parkway & Promenade Avenue Street Improvements
Public Works Director Matthys noted information will be presented on Project 1175, Northwood
Parkway & Promenade Avenue Street Improvements, but requested that Council direct staff to re-
advertise the Public Hearing and continue the hearing to the February 3, 2015 City Council Meeting due
to a printing error in the public notice.
Matthys introduced the items noting as part of Eagan's Pavement Management Program, the City
evaluates streets within the community throughout their life cycle and implements appropriate
maintenance strategies. Assistant City Engineer Nelson gave a combined staff report and presentation
on the following street improvements: Project 1162 — Mallard Park 3rd & 4th Additions, Project 1165 —
Rooney Addition, and Project 1169 - Wilderness Run 1St & 3rd Additions, Project 1175 - Northwood
Parkway & Promenade Avenue.
Mayor Maguire opened the public hearings on street improvements for Project 1162 — Mallard Park 3rd
& 4th Additions, Project 1165 — Rooney Addition, and Project 1169 - Wilderness Run 1St & 3rd Additions
Project 1175 — Northwood Parkway & Promenade Avenue. There being no public comment, he turned
the discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1162
(Mallard Park 3rd & 4th Additions — Street Improvements), Project 1165 (Rooney Addition — Street
Improvements), and Project 1169 (Wilderness Run 1St & 3rd Additions — Street Improvements) as
presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded the motion to direct staff to re-
advertise the Public Hearing and continue the hearing on Project 1175 (Northwood Parkway &
Promenade Avenue - Street Improvements) to the February 3, 2015, City Council meeting. Aye: 5 Nay: 0
OLD BUSINESS
Ordinance Amendments — to Chapter 4 regarding mandatory 2015 Minnesota
State Building Code and Septic provisions
City Administrator Osberg introduced the item noting the Council is being asked to approve Ordinance
Amendments to Chapter 4 regarding Mandatory 2015 Minnesota State Building Code and Minnesota
Pollution Control Agency Subsurface Sewage Treatment System provisions and to approve the
resolution setting the corresponding permit fees for Fire Suppression Systems in single family homes.
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January 6, 2015
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Community Development Director Hohenstein gave a staff report.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Bakken seconded the motion to approve Ordinance
Amendments to Chapter 4 regarding mandatory 2015 Minnesota State Building Code (MSBC) and
Minnesota Pollution Control Agency (MPCA) Subsurface Sewage Treatment System (SSTS) provisions,
and to approve the resolution setting the corresponding permit fees for Fire Suppression Systems in
Single Family homes. Aye: 5 Nay: 0
NEW BUSINESS
Conditional Use Permit & Variance — DG Enterprises, Inc.
City Administrator Osberg introduced the item noting the Council is being asked to approve a
Conditional Use Permit to allow outdoor storage of structural steel, finished product and company
vehicles, and a Variance to allow an encroachment of 8' to the 20' structure setback for a portion of a
future building addition upon property located at 3265 Sun Drive. City Planner Ridley gave a staff
report.
The applicant was present and available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to allow outdoor storage of structural steel, finished product and company vehicles upon
property located at 3265 Sun Drive, 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, minimum drive aisle widths and the emergency vehicle turn - around area shall
occur as depicted on the Site Plan dated 11- 25 -14.
3. Lock boxes meeting Eagan Fire Department specifications shall be installed at all fence gate
locations.
4. Building address numbers shall be displayed in accordance with the provisions in Chapter 2,
Section 2.78 of the City Code.
5. Recording of this Conditional Use Permit shall simultaneously terminate the previously issued
Conditional Use Permit for Lot 1, Block 1, Tan Me Addition.
6. The applicant shall meet City erosion control, pollutant and post- construction stormwater
management requirements.
7. Prior to receiving a Grading Permit or Building Permit, the applicant shall provide the City with a
minimum of two soil- boring logs, taken within the location of the proposed infiltration basin,
extending 15' below the bottom of the proposed over - excavation elevation, to evaluate
suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil
permeability with the submitted and reviewed design plans for meeting volume control
requirements, the applicant shall revise the design and /or construction plans to ensure volume
control requirements are fully met.
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January 6, 2015
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8. The applicant shall provide construction details of the proposed infiltration basin for City
approval (cross- section, construction, construction protection, construction sequencing notes,
sizing /volume tables, details for inlet, outlet /under- drain, permanent vegetation, etc.), to
ensure infiltration basin is properly designed and constructed, and adequately protected
during /after construction, to function as intended. These details shall be included in applicable
plan sheet(s). If the future infiltration basin is to serve as a temporary sedimentation basin
during construction, more than two feet of cover shall be left in place during construction to
protect underlying subsoils from fine sediment plugging and compaction. If the infiltration area
is excavated to final grade (or within two feet of) it shall be required that rigorous erosion
prevention and sediment controls are used, to the satisfaction of the city, to protect underlying
sub -soils from fine sediment plugging and compaction. No heavy construction equipment shall
be allowed within the future infiltration area during final grading. The infiltration basin shall
have a maximum temporary ponding depth of 1.5'. If an under -drain is used, an easily
accessible gate -valve must be installed to allow regulation of under -drain outflow. The
infiltration basin shall be planted with live plants (pots or plugs), rather than relying on seed
alone, with appropriate plants and spacing.
9. During infiltration basin over - excavation and sub -soil work, before and during soil - replacement
backfilling, the applicant shall ensure that a Certified Soil Scientist will be present to verify that
infiltration basin sub -soils (and any replacement soils) are suitable for infiltration, within 48
hours, at the planned saturated soil infiltration rate and basin depth.
10. The applicant shall provide adequately sized and easily maintained pre- treatment measures at,
or immediately upstream of, all infiltration basin inlets to provide for effective capture and
easily - accessible cleanout of fine -sand sized particles. These details shall be included in
applicable plan sheet(s).
11. Before receiving a Grading Permit or Building Permit, the property owner shall enter into a long-
term stormwater management system maintenance agreement with the City, detailing the
maintenance required to maintain proper operation and performance of the permanent
stormwater management system, in a form acceptable to the City Attorney.
12. The applicant shall provide the City as -built plans that demonstrate that all constructed
stormwater conveyance structures and management facilities (infiltration basin) will conform to
design and /or construction plans, as approved by the City. As -built volumes of retention shall
be provided for the infiltration basin.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance to
allow an encroachment of 8' to the 20' structure setback for a portion of a future building addition upon
property located at 3265 Sun Drive, subject to the following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the council. Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
Planned Development Amendment — The Flats at Cedar Grove Restaurant
City Administrator Osberg introduced the item noting a Planned Development was approved in 2013 for
The Flats at Cedar Grove. Before the Council tonight is consideration of a Planned Development
Amendment to add an outdoor dining patio and associated site plan modifications, and on -sale liquor in
conjunction with a full- service restaurant, and a restaurant exceeding 4,000 s.f.
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January 6, 2015
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City Planner Ridley gave a staff report. Ridley noted the applicant is requesting Condition #8 of the Draft
APC minutes revert to the original wording, that being the use of outdoor amplified sound be allowed,
consistent with City Code standards.
Andy Chase, owner of The Flats of Cedar Grove, addressed the Council stating they are excited about
the restaurant. He provided comments addressing the concerns of the Advisory Parks Commission
regarding the lack of required parking, noise and compatibility with residential use above, pedestrian
circulation around or through the patio enclosure and parking issues.
The Council discussed the amendment.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
After further discussion the Council agreed they were supportive of the original wording of Condition #8,
the on -sale liquor and revised patio plan. The Council stated concerns over the parking quantity
dedicated to the restaurant and remaining retail space. It was the consensus of the Council to require
the owner provide five proof -of- parking spaces on the site. At the suggestion of the Council regarding
proof -of- parking, the owner asked to continue the item to a future Council meeting, so he could work
with staff and provide a revised plan denoting the proof -of- parking for five additional stalls.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Planned
Development Amendment to the January 20, 2015 City Council meeting. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
Approve the City of Eagan's 2015 Legislative Positions
City Administrator Osberg noted the Council will be visiting with the City's legislative delegation on
January 13th as part of the Council workshop session. The draft legislative positions were shared with
the Council for review in mid - December. Per the request of the City Council, priorities have been called
out within the document. Osberg noted once approved, the priorities will be sent to Eagan's legislative
delegation in advance of the joint meeting with the City Council on January 13, 2015.
Mayor Maguire suggested that the priorities be formatted into a separate document, but still included
in the positions.
Councilmember Hansen moved, Councilmember Tilley seconded the motion to approve the City of
Eagan's 2015 Legislative Positions. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
VISITORS TO BE HEARD
There were no visitors to be heard.
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January 6, 2015
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ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:40 p.m. Aye: 5 Nay: 0
City Clerk