10/06/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
OCTOBER 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, and Hansen. Councilmember Tilley arrived at 6:30 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, October 6, 2015 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of
Communications Garrison, Director of Finance Pepper, Parks & Recreation Director Johnson, Director of
Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police
Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted staff is asking to remove Consent Item K. - Authorization to execute
Joint Powers Agreement with Dakota County to use City Broadband Conduit along Johnny Cake Road
between Eagan City Hall and Dakota County Western Service Center in exchange for Fiber Strands from
the agenda.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as amended: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of September 8, 2015 Special City Council
meeting, and September 15, 2015 regular City Council meeting as presented or
modified.
B. Personnel Items
1. It was recommended to accept the resignation/retirement of Paul Olson,
Superintendent of Parks Maintenance.
2. It was recommended to approve an amendment to the City's Information Technology
Policy, Section 3.10: Cell Phone, Smartphone, Tablet, Data Card, and/or Pages.
C. It was recommended to ratify the check register dated September 11, 18, 25, 2015 as
presented.
D. There were no contracts to consider at this time.
E. It was recommended to approve a resolution to accept a donation from Minnesota Energy
Resources in the amount of $1,400 for the Fire Department and authorize the necessary
budget adjustment.
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F. It was recommended to approve a resolution to accept a donation from Eagan Residents in
the amount of $50 for the Fire Department and authorize the necessary budget adjustment.
G. It was recommended to approve a resolution accepting a $1,000 donation from the Eagan
Rotary Club and allow staff to make corresponding budget adjustments to the police and fire
2015 budgets.
H. It was recommended to approve a resolution accepting a $500 donation from the Dakota
County Elk's Club and allow staff to make corresponding budget adjustments to the police
2015 budget.
I. It was recommended to approve a Final Plat to create one lot upon 1 acre located at 4095
Blackhawk Road.
J. It was recommended to approve an Easement and Right -of -Way Vacation of public
easements and right-of-way on Unisys Park Addition and Lot 2, Block 1 Unisys Park 2nd
Addition, north of Yankee Doodle Road (CSAH 28) and west of Pilot Knob Road.
It was recommended to approve a Final Subdivision (Central Park Commons) to create four
lots and five outlots, upon approximately 47 acres located north of Yankee Doodle Road
(CSAH 28) and west of Pilot Knob Road.
it was recommended to approve a Final Planned Development for an approximately 98,000
s.f. retail building Lot 1, Block 1, Central Park Commons.
It was recommended to approve a Final Planned Development for an approximately 111,000
s.f. multi -tenant retail building on Lot 2, Block 1, Central Park Commons.
K. Item was removed.
L. It was recommended to authorize the submission of 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 Change Order #2 for the Fire Station Four remodel project.
N. It was recommended to approve a resolution calling for a public hearing on consent to the
issuance of educational facilities revenue bonds and authorizing the publication of a notice
of the hearing related to the Minnesota Autism Center project.
O. It was recommended to receive the Final Assessment Roll for Project 1157 (Blackhawk Hills
and Blackhawk Hills 2nd Additions — Street Improvements) and schedule a public hearing to
be held on November 2, 2015.
P. It was recommended to receive the Final Assessment Roll for Project 1162 (Mallard Park 3rd,
4th Additions — Street Improvements) and schedule a public hearing to be held on November
2, 2015.
Q. It was recommended to receive the Final Assessment Roll for Project 1165 (Rooney Addition
— Street Improvements) and schedule a public hearing to be held on November 2, 2015.
R. It was recommended to receive the Final Assessment Roll for Project 1169 (Wilderness Run
1St & 3rd Additions — Street Improvements) and schedule a public hearing to be held on
November 2, 2015.
S. It was recommended to receive the Final Assessment Roll for Project 1158 (Cedar Grove 8th
Addition —Street Improvements) and schedule a public hearing to be held on November 2,
2015.
T. It was recommended to approve an amended and restated Joint Powers Agreement
between the Cities of Apple Valley and Eagan regarding the Firearms Training Facility.
U. Item was removed.
V. It was recommended to adopt a resolution approving an Exempt Permit for Moms &
Neighbors Inc., to conduct a raffle on November 13, 2015 at Coopers Restaurant, 4185
South Robert Trail.
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W. Item was removed.
X. Item was removed.
Y. It was recommended to approve Change Order #1 to Contract 15-09 (Citywide Trail &
Parking Lot Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
Z. It was recommended to approve Change Order #2 to Contract 15-09 (Citywide Trail &
Parking Lot Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
AA. It was recommended to approve an increase of $135,000 to the 2015 Vehicles and
Equipment Capital Improvements Plan (CIP) Budget for the purchase of certain snow and ice
control equipment and authorize the Mayor and City Clerk to execute all related documents.
BB. It was recommended to approve a resolution requesting the Minnesota Commissioner of
Transportation's approval of the revocation of an existing street segment on the City of
Eagan's Municipal State Aid (MSA) roadway system.
CC. It was recommended to approve the plans and specifications for Contract 15-11 (Well #22 —
Water System Development) and authorize the advertisement for a bid opening to be held
on November 2, 2015.
DD. It was recommended to receive the petition to vacate a public street easement known as
Kingswood Ponds Road (Document No. 1457939) and schedule a public hearing to be held
on November 2, 2015.
EE. It was recommended to approve the final payment for Contract 14-06 (Denmark Sanitary
Lift Station Improvements) in the amount of $20,000 to Ryan Contracting Company, and
accept the improvements for perpetual City maintenance subject to warranty provisions.
PUBLIC HEARINGS
Variance — Kwik Trip
City Administrator Osberg introduced the item noting the site is currently occupied by a 6,300 SF motor
fuel station and convenience retail store. The Council is being asked to consider approval of a variance
to allow a detached trash enclosure on property located at 4600 Slater Road.
City Planner Ridley gave a staff report.
Steven Lowe, Kwik Trip, was present and available for questions.
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 approve a Variance to
allow a detached trash enclosure on property located at 4600 Slater Road, 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.
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2. A building permit is required prior to commencing construction.
3. The enclosure shall be constructed of brick materials to match the principal structure.
4. The enclosure shall have gates providing 90% opacity, of a durable and low -maintenance
material in a color that matches or is complementary to the brick.
5. The door to the storage area shall be painted to match the brick.
There are no old business items to be heard.
OLD BUSINESS
NEW BUSINESS
Interim Use Permit — Rebecca Carter
City Administrator Osberg introduced the item noting the applicants submitted an application for an
Interim Use Permit to allow kennel operation for up to 12 dogs in a residential area for a period of 24
months. The Council is being asked to approve an Interim Use Permit to allow a kennel in a residential
zoning district for property located at 1049 McKee Street.
City Planner Ridley gave a staff report.
Rebecca Carter, applicant, explained the background of her business, and her request for the Interim
Use Permit.
Mayor Maguire opened the public comment.
Dave Carter, 1049 McKee Street, stated his support for the request.
Don Lee, 1037 Beatrice Street, stated his concern with local government impeding on a home-based
business in general.
There being no further public comment, Mayor Maguire turned the discussion back to the Council.
The Council discussed the IUP. After further discussion, the majority of the Council was in favor of
approving a 9 month term for the Interim Use Permit, allowing a maximum of 8 dogs on site, and a site
inspection by Animal Control in February.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Interim Use
Permit to allow a kennel in a residential zoning district for property located at 1049 McKee Street,
subject to the following conditions: Aye: 4 Nay: 1 (Mayor Maguire opposed)
1. The permit shall terminate on June 1, 2016.
2. A maximum of 8 dogs is allowed at any given time.
3. All parking supporting the use shall occur off-street.
4. The property owner/operator shall maintain a valid Kennel License and meet the Kennel
Licensee requirements.
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5. The property owner/operator shall provide the City a waste storage and removal plan for review
and approval by Animal Control.
6. The Interim Use Permit shall be subject to an administrative review in February 2016. The
purpose of which shall be to determine that the conditions of the permit are being met. The
Interim Use Permit may be revoked for failure to comply with any condition of the permit
following notice of the noncompliance and a hearing by the City Council with all interested
parties being given an opportunity to be heard.
Conditional Use Permit — PODS
City Administrator Osberg introduced the item noting the site is presently occupied by a 218,000 SF
office/warehouse building that was constructed in 1998. The Council is being asked to approve a
Conditional Use Permit to allow the outdoor storage of PODS containers, on property located at 980
Aldrin 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 Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use
Permit to allow the outdoor storage of PODS containers, on property located at 980 Aldrin Drive, 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. The PODS containers shall be stacked not more than two high, or exceed a total height of 16
feet.
3. For security, all PODS containers shall be empty, and all PODS containers shall be locked to
prevent unauthorized access into the units.
4. The applicant shall relocate trash containers inside the building, or provide a plan for
construction of an enclosure(s) for City staff review and approval, prior to release of the
Conditional Use Permit for recording. Construction of any new trash enclosure(s) shall be
completed by July 1, 2016.
5. Landscape screening shall be added to screen the storage area from both the street and the
school the south.
6. A landscape plan shall be provided for staff review and approval, prior to release of the
Conditional Use Permit for recording. Landscaping shall be installed by July 1, 2016.
7. Building address numbers shall be reviewed and replaced if necessary to comply with the
provisions of Section 2.78 of City Code.
Conditional Use Permit — Matheson Gas
City Administrator Osberg introduced the item noting the property is 12 acres in size, of which 2.5 acres
are wetlands. The site is presently occupied by a 33,000 SF warehouse building that was constructed in
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2003. The Council is being asked to approve a Conditional Use Permit to allow the outdoor storage of
compressed and liquefied gases, vehicles and trailers, on property located at 3191 Mike Collins Drive.
City Planner Ridley gave a staff report.
The Matheson Group 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 Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow the outdoor storage of compressed and liquefied gases, vehicles and trailers, on
property located at 3191 Mike Collins Drive, 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 and proof of its recording provided to the City.
2. The outdoor storage shall be limited to those items identified, and located as illustrated, on the
revised Site Plan received September 14, 2015.
3. The applicant shall install bollards per the Site Plan received September 14, 2015.
4. No additional outdoor storage shall be allowed.
5. All parking and storage areas shall be properly maintained to prevent deterioration.
6. The chain link and barbed wire fence shall not exceed 7 feet in height.
7. The applicant shall provide a landscape plan that includes the addition of multiple coniferous
trees to screen the outdoor storage from the public right-of-way.
Comprehensive Guide Plan Amendment — MVZ, LLC
Mayor Maguire introduced the item and provided an overview of the process. He noted the Council is
being asked to submit a comprehensive guide plan amendment to the Metropolitan Council to change
the land use designation from Special Area/Major Office to Special Area/Mixed Use for approximately
194 acres located at 2800 Lone Oak Parkway.
City Planner Ridley gave a staff report.
Kevin Warren, Vikings Chief Operating Officer, provided some background information on the current
Vikings facilities located in Eden Prairie. He stated the Vikings ownership group is excited to explore the
subject site and noted how the team wanted to build a "live, work, play" environment with a hotel,
conference center,housing and retail.
Steve Poppen, Minnesota Vikings Chief Financial Officer, walked through a Power Point presentation
that described the mix of uses and the overall vision for the development.
Don Becker, Minnesota Vikings Stadium Project Executive, explained the type of housing proposed in
the development.
Mayor Maguire opened the public comment.
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Steve Chavez, Eagan resident and Metropolitan Council member, stated his support for the project and
the unique opportunity it presents for the community.
Greg Miller, Interstate Partners, stated his support for the project.
Brent Cory, President of Eagan Convention & Visitors Bureau (ECVB), stated the ECVB's support for the
project.
Tom Caneff, President of the local board with People Praise in Trinity School building, stated his support
for the project.
Vicki Stute, President Dakota County Regional Chamber of Commerce, stated her organizations support
for the project.
There being no public comment, Mayor Maguire turned the discussion back to the Council.
Councilmember Fields 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/Major Office to Special Area/Mixed Use for approximately 194 acres located at 2800
Lone Oak Parkway. Aye: 5 Nay: 0
The Council took a 10 minute break.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire noted, earlier today he and Councilmember Hansen attended the Lakeshore
Townhomes dedication event. A plaque recognizing the work of the City of Eagan in the CDA project
was presented to Mayor Maguire.
DIRECTOR OF COMMUNITY DEVELOPMENT
Director of Community Development Hohenstein noted two of our higher profile apartment projects
have their full Certificate of Occupancy and are now leasing. If interested, you can visit the sales offices
of The Flats and CityVue apartments.
VISITORS TO BE HEARD
There were no visitors to be heard.
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ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:20
p.m. Aye:5 Nay:0
A �W�
Mayor
City Clerk