09/20/2016 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 20, 2016
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Hansen and Tilley.
A closed session was called at 6:15 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, and Finance Director Pepper.
The closed session adjourned at 6:22 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, September 20, 2016 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,
Communications Director Garrison, Finance Director Pepper, Director of Community Development
Hutmacher, City Planner Ridley, Public Works Director Matthys, Director of Parks and Recreation
Pimental, Deputy Chief of Police Johnson, City Attorney Dougherty, 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 Fields moved, Councilmember Bakken seconded a motion to approve the Consent
agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of September 6, 2016 regular City Council meeting
as presented.
B. Personnel Items:
1. It was recommended to accept the resignation of Kerry Phillips, Recreation Program
Supervisor and authorize the recruitment and replacement of this position.
2. It was recommended to accept the resignation of listed seasonal employees.
3. It was recommended to approve the contract for a Classification and Compensation Study
with Springsted Incorporated.
C. It was recommended to ratify the check register dated September 2, and 9, 2016 as presented.
D. It was recommended to approve the ordinary and customary contract with Minnesota Vikings
Football and U.S. Bank National Association, Royal Vending, Inc.
E. 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.
F. It was recommended to approve a resolution authorizing the Mayor and Clerk to execute a deed
conveying Outlot I, Gopher Eagan Industrial Park 2A Addition to the State of Minnesota, thereby
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September 20, 2016
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allowing the City to acquire the property for a subsequent sale to Gertens for use as an eco -site,
yard waste facility.
G. It was recommended to approve a resolution appointing absentee ballot board judges and
designating them as deputy city clerks for the purpose of administering the November 8, 2016
General Election.
H. It was recommended to approve a resolution appoint election judges for the November 8, 2016
General Election.
I. It was recommended to approve the general insurance renewal for the period of July 1, 2016 to
July 1, 2017.
J. It was recommended to receive the Final Assessment Roll for Project 1142 (Nicols Road (Silver
Bell Road to 1,235' North) — Street Improvements) and schedule a public hearing to be held on
October 18, 2016.
K. It was recommended to receive the Final Assessment Roll for Project 1194 (Whispering Woods
Stn, 11th —13th Additions —Street Improvements) and schedule a public hearing to be held on
October 18, 2016.
L. It was recommended to receive the Final Assessment Roll for Project 1195 (Oslund Timberline /
McCarthy Ridge — Street Improvements) and schedule a public hearing to be held on October
18, 2016.
M. It was recommended to receive the Final Assessment Roll for Project 1197 (Cedar 4th Addition —
Street Improvements) and schedule a public hearing to be held on October 18, 2016.
N. It was recommended to receive the Final Assessment Roll for Project 1202 (Eagan Business
Commons (Commers Drive) —Street Improvements) and schedule a public hearing to be held on
October 18, 2016.
0. It was recommended to approve the final payment for Contract 16-20 (Citywide Traffic Signal
Painting) in the amount of $11,315.00 to OLS Restoration, Inc., and accept the improvements for
perpetual City maintenance subject to warranty provisions.
P. It was recommended to approve a resolution to temporarily extend the licensed premises of
Bald Man Brewing, Inc. doing business as Bald Man Brewing, located at 2020 Silver Bell Road
#25 on October 1, 2016.
Q. It was recommended to approve the final payment for Contract 16-02 (Citywide Street
Improvements) in the amount of $7,680.98 to McNamara Contracting, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
R. It was recommended to approve the plans and specifications for Contract 16-10 (Well No. 22
Building and Equipment —Water Improvements) and authorize the advertisement for a bid
opening to be held on October 13, 2016.
S. It was recommended to receive the petition to vacate excess public right-of-way at 3800 Dodd
Road (near Wescott Road) and schedule a public hearing to be held on October 18, 2016.
T. It was recommended to approve a Stormwater Management System Maintenance Agreement
with JJMM Investments, L.L.C., for property located at 3500 Dodd Road, and authorize the
Mayor and City Clerk to execute all related documents.
U. It was recommended to approve an extension of time to December 3, 2016 to record a
Conditional Use Permit and Planned Development Amendment for Crossroads Church and FFC
Properties.
V. It was recommended to approve a Professional Service Agreement with Peters Design Company
to provide communications consulting services related to Website redesign and reviewing brand
strategy research.
W. It was recommended to approve Final Planned Development for Lot 1, Block 1, CityVue
Commons 2nd Addition — EaganVue Apartments, LLC
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X. It was recommended to approve a resolution accepting $105 donation from Keith Maiz and an
anonymous donor.
Y. It was recommended to approve an agreement between the City and Outfront Media, LLC to
provide the City five hours/month (2250 eight -second spots) for public service announcements
on the billboard located on Canadian Pacific Railway System right-of-way on the south side of 1-
494 and west of Hwy 55, beyond the NE corner of 1181 Trapp Road, in the NE % of Section 3.
Z. It was recommended to approve the Second Amendment to the purchase agreement with GLG
Properties ("Gertens") for the sale of Outlot I, Gopher Eagan Industrial Park 2nd Addition,
extending the closing date to on or before November 15, 2016.
AA. It was recommended to approve a Subscription Agreement with MediaValet for a digital photo
asset management system for the organization and authorize the Mayor and City Clerk to
execute all related documents.
PUBLIC HEARINGS
Variance — Oak Ridge Elementary School
City Administrator Osberg introduced the item noting ISD #196 is proposing to add a 6,900 square foot
two-story addition to the existing 51,000 square foot Oak Ridge Elementary School located at Johnny
Cake Ridge Road and Clemson Drive. A portion of the new addition would encroach 9' into the minimum
50' structure setback from the common lot line with Downing Park.
City Planner Ridley gave a staff report.
The applicant 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 Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and approve a 9 foot Variance to the minimum 50 foot structure setback in a Public Facilities Zoning
District for Oak Ridge Elementary School located at 4350 Johnny Cake Ridge 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.
2. The Applicant shall relocate the existing water main, vacate a portion of the existing drainage
and utility easement, and dedicate a new 20 foot wide easement over the new water main.
3. The Applicant shall obtain an approved Building Permit.
4. The exterior building materials shall complement the existing structure in type and color.
Lot 1, Block 1, Wilmus Addition Easement Vacation
City Administrator Osberg introduced the item noting the Council is being asked to accept the
dedication of a public drainage and utility easement in association with the vacation of a portion of a
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public drainage and utility easement on Lot 1, Block 1, Wilmus Addition (Oak Ridge Elementary School).
The purpose of this request is to relocate existing public water main away from a proposed new building
addition to Oak Ridge Elementary School.
Public Works Directory Matthys gave a staff report.
The applicant 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 Fields seconded a motion to close the public hearing
and accept the dedication of a public drainage and utility easement in association with the vacation of a
portion of a public drainage and utility easement on Lot 1, Block 1, Wilmus Addition (Oak Ridge
Elementary School) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5
Nay: 0
Lot 1, Block 2, Weston Hills 2nd Addition Easement Vacation
City Administrator Osberg introduced the item noting the purpose of this request is to allow the
homeowners to install an in -ground pool in the backyard. On August 3, 2016, City staff received a
petition from property owners of Lot 1, Block 2, Weston Hills 2nd Addition, requesting the vacation of a
portion of existing drainage and utility easement on their property at 4668 Weston Hills Drive.
Public Works Directory Matthys gave a staff report.
Applicants, Eric and Stephanie Stahl, were 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 Fields moved, Councilmember Hansen seconded a motion to close the public hearing
and approve the vacation of a portion of a public drainage and utility easement on Lot 1, Block 2,
Weston Hills 2nd Addition (4668 Weston Hills Drive), and authorize the Mayor and City Clerk to execute
all related documents. Aye: 5 Nay: 0
OLD BUSINESS
Amended Preliminary Planned Development and Preliminary Subdivison — MV Eagan, LLC
City Administrator Osberg introduced the item noting the Council is being asked to approve an amended
Preliminary Planned Development and Preliminary Subdivision with modified conditions for the Vikings
Lakes Development.
City Planner Ridley gave a staff report and provided a site map.
Representatives from the Minnesota Vikings made a brief presentation and were available for questions.
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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 an amended
Preliminary Planned Development and Preliminary Subdivision with modified conditions. Aye: 5 Nay: 0
NEW BUSINESS
There was no new business to be heard.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
PUBLIC WORKS DIRECTOR
Public Works Director Matthys gave an update on the road improvements on Pilot Knob and Central
Parkway and noted weekly updates are posted on the City's and County's websites. A press release will
be issued providing details on the remaining schedule of the improvements.
VISITORS TO BE HEARD
Past practice and policy during election years, from the opening of the Council candidate filing period
through the November election, the Visitors to be Heard segment of the meeting shall occur for a period
of time not to exceed ten minutes and will not be televised.
There were no visitors to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7:01 p.m. Aye: 5 Nay: 0
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