04/19/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
APRIL 19, 2016
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 6:05 p.m.
A closed session was called at 6:05 p.m. to discuss labor negotiations. Present were Mayor Maguire,
Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg,
Assistant City Administrator Miller, Human Resource Manager Peterson, Finance Director Pepper, and
City Attorney Bauer. The closed session adjourned at 6:17 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, April 19, 2016 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,
Communications Director Garrison, Finance Director Pepper, Director of Community Development
Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Sergeant Fineran, Fire Chief
Scott, City Attorney Bauer, and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentation to be heard.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
agenda: Aye:5 Nay:0
A. It was recommended to approve the minutes of March 29, 2016 and April 12, 2016 special
City Council meeting, and April 5, 2016 regular City Council meeting as presented.
B. Personnel Items:
1. It was recommended to accept the resignation of Judith Urbiha, Full Time Police Clerical
Technician 4 and authorize the replacement of this position.
2. It was recommended to approve the recruitment of a Parks and Recreation Technician.
3. It was recommended to approve hiring of a Part Time Clerical Technician in Community
Development, to be named.
4. It was recommended to approve the hiring of a Full Time Production Assistant in E -TV,
to be named.
C. It was recommended to ratify the check register dated March 25 and April 1, 2016 as
presented.
D. It was recommended to approve the ordinary and customary contracts with Wet Paints
Artists' Materials & Framing, Czech Area Concertina, Eagan Women of Note, Eagan's Men's
Chorus, Roe Family Singers, Mary Gohman and, United States Department of Agriculture.
City Council Meeting Minutes
April 19, 2016
2 page
E. It was recommended to approve a resolution to temporarily extend the licensed premises of
Cuz, Inc. doing business as La Fonda de los Lobos, located at 3665 Sibley Memorial Highway
on May 5, 6 and 7, 2016.
F. It was recommended to adopt a resolution approving an Exempt Permit for the Red Pine
Elementary Parent Teacher Organization to conduct a raffle on May 5, 2016 at 530 Red Pine
Lane.
G. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan High
School Boys Hockey Boosters to conduct a raffle on July 17, 2016 at the Eagan Civic Arena,
3870 Pilot Knob Road.
H. It was recommended to approve a resolution to accept a donation from the Eagan Hockey
Association of rubber flooring for installation at the Eagan Civic Arena and authorize the
necessary budget adjustment.
I. It was recommended to approve a Sound Amplification Permit for an outdoor event with
electronic sound system/audio equipment use after 10 p.m. to be held May 5, 6, and 7,2016
at 3665 Sibley Memorial Highway.
J. It was recommended to approve a Final Plat (Central Park Commons 3rd Addition), to create
two lots upon approximately 5.3 acres located northwest of Yankee Doodle Road and Pilot
Knob Road, and to approve a Final Planned Development for a cluster of seven buildings
(the Central Park Commons "Village") on 4.1 acres for commercial retail uses including
restaurants, a bank, drive-through service, and outdoor patio uses and on -sale liquor, upon
Lot 1, Block 1, Central Park Commons 3rd Addition.
K. It was recommended to approve a Final Planned Development for a free-standing building
containing a restaurant and drive-through service upon Lot 2, Block 1, Central Park
Commons 3rd Addition, located northwest of Yankee Doodle Road and Pilot Knob Road.
L. It was recommended to approve a resolution requesting the Minnesota Commissioner of
Transportation's approval of the revocations and designation of existing street segments on
the City of Eagan's Municipal State Aid (MSA) roadway system.
M. It was recommended to approve a Technical Specialty Consulting Agreement with PSC
Alliance, Inc. for the Specialty Services Category — Communications, and authorize the
Mayor and City Clerk to execute all necessary documents.
N. It was recommended to receive a petition to vacate a sidewalk, trailway and snow storage
easement (Document No. 692806) situated on Outlot A, Cityvue Commons and schedule a
public hearing to be held on May 17, 2016.
0. It was recommended to approve a one year contract extension for Contract 14-14 (Cedar
Grove Parking Garage and Redevelopment District — Facility Management Services) with
Cornerstone Parking, Inc., and authorize the Mayor and City Clerk to execute all related
documents.
P. It was recommended to receive the bid and award Contract 16-16 (Denmark Avenue Rain
Gardens Rehabilitation) to Outdoor Lab Landscape Design, LLC for the bid in the amount of
$9,947.00, and authorize the Mayor and City Clerk to execute all related documents.
Q. It was recommended to approve a resolution to accept a donation of $200 from the
Minnesota Valley In -Fisherman Club and authorize the Mayor and City Clerk to execute all
related documents.
City Council Meeting Minutes
April 19, 2016
3 page
PUBLIC HEARINGS
Consider an Ordinance Granting a Cable Franchise to
Quest Broadband Services, Inc. d/b/a CenturyLink
City Administrator Osberg introduced the item noting the City's Franchise Attorney Brian Grogan, of
Moss & Barnett, will provide a brief presentation as it relates to the new cable franchise.
Brian Grogan, Moss & Barnett, provided a presentation and overview of the negotiated Franchise and
proposed Findings of Fact.
Tyler Middleton, CenturyLink Vice President of Operations, and Patrick Haggerty, Director of Regulatory
Affairs, were available for questions and stated they are very excited to be here in the City of Eagan.
Communications Director Garrison provided concluding remarks.
Mayor Maguire opened the public, there being no public comment, he turned the discussion back to the
Council.
The Council discussed the cable franchise. Mayor Maguire stated he is very pleased that CenturyLink is
in a position to offer consumers more choices and options in the marketplace and driving the
competition. Bakken stated he is excited to see the opportunities afforded by the new franchise and the
new structure.
Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt a resolution
containing recommended findings of fact regarding an Ordinance granting a Cable Franchise to Qwest
Broadband Services, Inc., d/b/a CenturyLink. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt Ordinance Number
552 granting a Cable Franchise to Qwest Broadband Services, Inc., d/b/a Century Link. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt the summary of
Ordinance Number 552 and direct it to be published. Aye: 5 Nay: 0
Variance — Cliff Retail, LLC
City Administrator Osberg introduced the item noting the 1.8 acre parcel was platted in July of 1988.
The City Council is being asked to consider a 10' variance to the required 20' parking/drive aisle setback
from public right-of-way for property located at 2105 Cliff Road.
City Planner Ridley gave a staff report and provided a site map.
Steve Johnson, Solomon Real Estate Group, provided an exhibit of the proposed remodel of the retail
building and gave a summary of the request.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a 10' Variance to
the required 20' parking/drive aisle setback from public right-of-way for property located at 2105 Cliff
Road, subject to the following conditions: Aye: 5 Nay: 0
City Council Meeting Minutes
April 19, 2016
4 page
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.
2. The applicant shall include a Landscape Plan, acceptable to City staff, to enhance the plant
material on site and between the new service doors and Scott Trail as part of the Building
Permit submission.
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
There were no new business items to be heard.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
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 Tilley seconded a motion to adjourn the meeting at 7:20
p.m. Aye:5 Nay:0
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Mayor
City Clerk