11/30/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
NOVEMBER 30, 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 was absent.
Avery Hildebrand, Southeast Metro Community Coordinator for Conservative Minnesota, introduced
himself and provided an overview of the results from the May 2015 survey conducted of Dakota Electric
members by Conservation Minnesota.
A regular meeting of the Eagan City Council was held on Monday, November 30, 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, Finance Director
Pepper, Assistant Finance Director Feldman, Parks & Recreation Assistant Director Flewellen, Director of
Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police
Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
Agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of November 17, 2015 regular City
Council meeting as presented or modified.
B. Personnel Items:
1. It was recommended to approve the temporary appointment of Jared Flewellen,
Assistant Parks & Recreation Director, to Acting Parks & Recreation Director until further
notice.
2. It was recommended to name Kevin Peterson for the position of Full Time Civic Arena
Maintenance Coordinator.
3. It was recommended to approve the appointment of Paul Graham, current Parks
Maintenance Supervisor, to the position of Superintendent of Parks, and authorize the
replacement of the vacant Parks Maintenance Supervisor position.
4. It was recommended to approve the hiring of seasonal employees.
5. It was recommended to recognize the resignations of seasonal employees.
C. It was recommended to ratify the check register dated November 13 and 20, 2015 as
presented.
D. There were no contracts to consider at this time.
City Council Meeting Minutes
November 30, 2015
2 page
E. It was recommended to approve a resolution renewing existing alcohol licenses for 2016.
F. It was recommended to approve a resolution directing the City Clerk to issue 2016 alcohol
license renewals upon the licensee's submission of renewal documents and fees.
G. It was recommended to approve a temporary on -sale liquor license and waive the license
fee for Trinity School at River Ridge on February 13, 2016 at 601 River Ridge Parkway.
H. It was recommended to approve a modification to the ownership of On -Sale License holder
EI Parian Mexican Restaurant, 1960 Cliff Lake Road, Suite 117.
I. It was recommended to approve an on -sale 3.2 percent malt liquor (beer), wine and Sunday
wine license for New Bohemia — Eagan, LLC doing business as New Bohemia Wurst & Bier
Haus, 1278 Town Center Drive, Suite 195.
J. It was recommended to approve the proposed 2016 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).
K. It was recommended to approve the 2016 budgets for Special Revenue Funds.
L. It was recommended to approve the 2016 Eagan Convention and Visitors Bureau Budget.
M. It was recommended to adopt a resolution accepting a $1,000 donation from the Eagan
Citizen's Crime Prevention Association that will help purchase equipment that will help
collect evidence from electronic devices.
N. It was recommended to approve an architectural proposal from CNH Architects for the
feasibility of utilizing Fire Station #3 for police purposes.
0. It was recommended to receive the Draft Feasibility Report for Project 1191 (Neil Armstrong
Boulevard / Aldrin Drive — Street Improvements) and schedule a public hearing to be held on
January 5, 2016.
P. It was recommended to receive the Draft Feasibility Report for Project 1192 (Johnny Cake
Ridge Road —Street Improvements) and schedule a public hearing to be held on January 5,
2016.
Q. It was recommended to receive the Draft Feasibility Report for Project 1193 (Denmark
Avenue / Timbershore 1St — 4 t Additions / Pilot Knob Heights — Street Improvements) and
schedule a public hearing to be held on January 5, 2016.
R. It was recommended to receive the Draft Feasibility Report for Project 1196 (Cedar Grove
3rd Addition — Street Improvements) and schedule a public hearing to be held on January 5,
2016.
S. It was recommended to receive the Draft Feasibility Report for Project 1203 (Mallard Park
2nd Addition — Street Improvements) and schedule a public hearing to be held on January 5,
2016,
T. It was recommended to approve a Franchise Agreement with Minnesota Energy Resources
Corporation and authorize the Mayor and City Clerk to execute all related documents.
U. It was recommended to approve a telecommunication lease amendment with Verizon
Wireless, for improvements on a designated water reservoir site and authorize the Mayor
and City Clerk to execute all related documents.
V. It was recommended to approve authorization for the preparation of detailed plans and
specifications for Contract 16-07 (South Water Treatment Plant, Backup Power Generator
Controls — Water Improvement),
W. It was recommended to approve the final payment for Contract 14-04 (TH 55/149 Safety
and Capacity Improvements) in the amount of $34,806.23 to Max Steininger, Inc. and accept
the improvements for perpetual City maintenance subject to warranty provisions.
City Council Meeting Minutes
November 30, 2015
3 page
X. It was recommended to approve a resolution to accept a community grant from the Eagan
Foundation in the amount of $525 for exterior lighting costs at the Historic Eagan Old Town
Hall.
PUBLIC HEARINGS
Proposed 2016 Budget and Property Tax Levy
City Administrator Osberg introduced the item noted the Council is being asked to approve the
2016 General Fund budget and property tax levy or set the 2016 general levy and general fund
budget approval for consideration at the December 15 City Council meeting. Osberg noted a
virtual budget open house was held on November 16 where information was provided on the
proposed 2016 budget. The proposed General Fund budget shows an increase of 2.75% and
proposed property tax levy shows an increase of 4.9%.
Director of Finance Pepper gave a presentation covering the proposed 2016 budget.
Mayor Maguire opened the public hearing. One resident inquired about her property value. The Council
redirected the resident to Dakota County, as they are the agency who addresses property valuation.
The Council discussed the 2016 budget and property tax levy.
Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and
approve the General Fund budget of $32,158,700 and approve a resolution adopting the final 2016
General Levy of $31,688,284. Aye: 5 Nay: 0
2016 Fee Schedule
City Administrator Osberg introduced the item noting the Council will be asked to approve the
2016 Fee Schedule establishing the fees for various City services, supplies and materials. Osberg
made note of the rate adjustment for storm drainage/water quality increased by 66%.
Assistant Finance Director Feldman gave a summary of the proposed changes for 2016 noting the
City's 20 year Utility Rate study model proposes rate adjustments for Water — 5% increase, Sanitary
sewer — 3% increase, Street lighting — 3.5% increase and Storm drainage/Water Quality - 66%
increase. For a typical household that uses 20,000 gallons of water they will see an overall increase
of 9.21%, or $3.71 a month.
Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the
discussion back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and adopt a resolution approving the 2016 Fee Schedule establishing fees for various City services,
supplies and materials. Aye: 4 Nay: 0 (Councilmember Tilley was absent)
Oakbrooke 8th Addition — Easement Vacation
City Council Meeting Minutes
November 30, 2015
4 page
City Administrator Osberg introduced the item noting the Council is being asked to close the public
hearing regarding vacating public drainage and utility easements on Lots 1 & 2, Block 1, Oakbrooke Stn
Addition, and continue action to coincide with future City Council consideration of the Oakbrooke 9th
Addition final plat.
Public Works Director Matthys gave a staff report and provided a site map.
Lars Byrlev, property owner, was 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 Fields seconded a motion to close the public hearing
regarding vacating public drainage and utility easements on Lots 1 & 2, Block 1, Oakbrooke 8th Addition,
and continue action to coincide with future City Council consideration of the Oakbrooke 9th Addition
final plat. Aye: 4 Nay: 0 (Councilmember Tilley was absent)
There was not old business to be heard.
OLD BUSINESS
NEW BUSINESS
Interim Use Permit — Larry Wittwer
City Administrator Osberg introduced the item noting the Council is being asked to approve an Interim
Use Permit to allow parking of two commercial vehicles in a residential zoning district on property at
4785 Erik's Boulevard. Osberg noted the applicant has lived at the property since 1971 and operates a
business (L&L Welding) from his home.
City Planner Ridley gave a staff report and provided a site map.
Larry Wittwer, applicant, gave an overview of the request and was available for questions.
Mayor Maguire opened the public comment. The following residents stated their support of the Interim
Use Permit: Linda Wittwer, 4785 Erik's Blvd, Norm & Judy Mundahl, 4795 Erik's Blvd, Gordon Byers,
4825 Erik's Blvd, and Nancy Strom, 4755 Erik's Blvd. There being no further comment, Mayor Maguire
turned the discussion back to the Council.
The Council discussed the Interim Use Permit request.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use
Permit to allow parking of two commercial vehicles in a residential zoning district on property at 4785
Erik's Boulevard, legally described as Lot 9, Block 4, Twin View Manor, subject to the following
conditions as amended: Aye: 5 Nay: 0
1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the
City, and proof of recording shall be submitted to the City.
City Council Meeting Minutes
November 30, 2015
5 page
2. The permit shall terminate on the earlier of November 30, 2022, the date the property is sold or
the date the business is sold or discontinued.
3. The interim use permit shall be subject to an annual administrative review. The purpose of such
review shall be to determine that the conditions of the permit are within compliance. 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.
4. This permit approves the outside storage for two commercial vehicles, which shall be located as
shown on the approved site plan.
5. The commercial vehicles are not allowed to idle for more than 5 minutes.
Rezoning and Final Plat — Engel Addition
City Administrator Osberg introduced the item noting there are two actions before the Council to
approve a rezoning from A, Agricultural, to LB, Limited Business upon approximately 1 acre and to
approve a final plat of approximately 1 acre located at 3265 Lexington Ave South.
City Planner Ridley gave a staff report and provided a site map.
Representing the applicant, Connie Ring, Engaged Health, provide a brief summary of the business, and
the desire to stay in Eagan. Eric Lindgren, Landform, was also available for questions.
The Council discussed the rezoning and final plat request.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Bakken moved, Councilmember Hansen seconded the motion to approve a rezoning
from A, Agricultural, to LB, Limited Business, upon approximately 1 acre located at 3265 Lexington Ave
South. Aye:5 Nay:0
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a final plat
(Engle Addition) of approximately 1 acre located at 3265 Lexington Ave South. Aye: 5 Nay: 0
Conditional Use Permit — Quality Sign Solutions
City Administrator Osberg introduced the item noting the subject property is zoned LB, Limited
Business, located at 1915 Plaza Drive. Osberg noted before the Council is consideration of approval of a
conditional use permit to allow a 27 -foot tall, 115.52 square foot pylon sign.
City Planner Ridley gave a staff report and provided a site map.
Jason Meyer, applicant, was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
City Council Meeting Minutes
November 30, 2015
6 page
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a conditional use
permit to allow a 27 -foot tall, 115.52 square foot pylon sign on property located at 1915 Plaza 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 height of the sign shall be a maximum of 27 feet.
3. A Building Permit, with engineered drawings, is required prior to installation of the new sign.
4. An administrative Sign Permit is required prior to installation of the new sign.
5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit received October
20, 2015, as revised.
6. The dynamic sign messaging shall not change more often than once per minute or as modified
by any future change to the Sign Ordinance.
7. The sign exhibit shall be revised to correct the pylon sign square footage to be 115.52 square
feet.
8. The pylon sign shall comply with all Sign City Code requirements.
9. Landscaping around the base of the pylon shall be installed by June 1, 2016 according to the
Landscape Plan received Nov. 4, 2015.
Planned Development Amendment — New Bohemia
City Administrator Osberg introduced the item noting New Bohemia is requesting approval of a
conditional use permit to allow outdoor patio dining on property located at 1278 Town Center Drive.
City Planner Ridley gave a staff report and provided a site map.
Jeff Bornmann, applicant, stated he is excited to be here in Eagan and was 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 Bakken seconded a motion to approve a conditional
use permit to allow an outdoor patio on property located at 1278 Town Center 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 on -sale alcohol license shall include and permit the service of alcoholic beverages in the
outdoor dining area.
3. The outdoor dining area is subject to City Code requirements including sewer availability
charges (SAC) imposed as a result of the additional seating in the outdoor dining area.
4. A Building Permit shall be obtained for the patio expansion that includes the number of seats in
the restaurant, a breakdown of tenants in the building, and number of parking stalls.
5. The Building Permit application shall address concerns regarding accessibility maneuverability
and egress/accessible door clearances.
6. The outdoor patio gate shall comply with the Liquor Ordinance requirements. No access shall
be gained from the parking lot.
City Council Meeting Minutes
November 30, 2015
7 page
7. The operation of the outdoor dining area shall be subject to compliance with the standards in
the City Code.
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 Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7:47 p.m. Aye: 5 Nay: 0
Dtt- /5, aoi5
Date
A- �" tiv -
Mayor
City Clerk