01/16/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JANUARY 16, 2018
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 6:10 p.m. to discuss the settlement agreement in the Daniel Lowell
Benson v. City of Eagan litigation.
A regular meeting of the Eagan City Council was held on Tuesday, January 16, 2018 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
Communications Garrison, Public Works Director Matthys, City Engineer Gorder, Parks & Recreation
Director Pimental, Finance Director Pepper, Director of Community Development Hutmacher, City
Planner Ridley, City Clerk Scipioni, Police Chief McDonald, Fire Chief Scott, City Attorney Dougherty, and
Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted the addition to the Consent Agenda of Item Z. — Approve and authorize
execution of a settlement agreement in the Daniel Lowell Benson v. City of Eagan Litigation.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
Gasoline Pipeline Spill Update
Police Chief McDonald, Fire Chief Scott, and Public Works Director Matthys gave an update on the
recent gasoline pipeline spill that occurred on Monday, January 15, 2018.
CONSENT AGENDA
Councilmember Tilley 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 January 2, 2018 regular City Council meeting, as
presented.
B. Personnel Items:
1. It was recommended to accept the resignation of Scott Nitti, Streets Maintenance Worker
and authorize the recruitment and replacement of this position.
City Council Meeting Minutes
January 16, 2018
3 page
R. It was recommended to approve a manager change of the On -Sale Liquor and Sunday Liquor
License issued to Lone Oak Stores LLC doing business as Burgers & Bottles/Volstead House, 1278
Lone Oak Road.
S. It was recommended to approve the renewal of an On -Sale Liquor and Sunday Liquor License for
J & J Bhakta LLC doing business as Genghis Grill, 1278 Town Centre Drive #175.
T. It was recommended to approve the renewal of an On -Sale Liquor and Sunday Liquor License for
Qdoba Mexican Restaurant Corporation doing business as Qdoba Mexican Eats Store #2729,
1298 Promenade Place.
U. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
Trinity School at River Ridge on February 10, 2018 at 601 River Ridge Parkway.
V. It was recommended to approve the agreement with UHL, Inc. to provide security and access
control professional design services for the renovations at the City Hall and Police facilities.
W. It was recommended to approve an extension of Final Subdivision approval for Danner Family 1St
Addition to create one lot and an outlot upon approximately 10 acres located in the SE X of
Section 12, east of Dodd Road and south of Yankee Doodle Road.
X. It was recommended to authorize submittal of a Minnesota Statewide Healthy Improvement
Partnership (SHIP) grant application for $35,000.00 to the connectivity and feasibility study of an
East West trail connection for the Dakota County Greenway system.
Y. It was recommended to authorize submittal of a Dakota County Statewide Health Improvement
Partnership Funding application for $16,000.00 to Active Living Dakota County for the
wayfinding signage.
Z. It was recommended to approve and authorize execution of a settlement agreement in the
Daniel Lowell Benson v. City of Eagan litigation.
PUBLIC HEARINGS
Variance — Thor and Paula Raarup
City Administrator Osberg introduced the item noting the property consists of a vacant lot, 2.9 acres in
size. The Council is being asked to consider approval of a 924 SF Variance to allow a 1,500 SF accessory
structure at 3640 Elrene Road.
City Planner Ridley gave a staff report and provided a site map.
The applicant was present. Sean Doyle, builder representing the applicant, gave a brief summary of the
request noting the accessory space could be attached to the house, however, the applicant believes it
would be less attractive aesthetically and also more costly.
Mayor Maguire opened the public hearing. The following residents shared their concerns regarding the
size of the structure, driveway location, future use, and tree removal: Sharon Schewe, 3636 Windtree
Drive, Susan Elwell, 3638 Windtree Drive, and Mary Jo Rudolph, 3637 Windtree Drive. There being no
further public comment, he turned the discussion back to the Council. Staff and Mr. Doyle responded to
their questions.
City Council Meeting Minutes
January 16, 2018
6 page
Mayor Maguire moved the 2018 Calendar Year City Organizational Business to after Old Business.
The Council took a 10 minute break.
OLD BUSINESS
Comprehensive Guide Plan Amendment—Justman Freight
City Administrator Osberg introduced the item noting the Council at their November 6, 2017 meeting,
directed staff to submit the request to the Metropolitan Council for their consideration of a
Comprehensive Guide Plan Amendment from LD (Low Density) to IND (Limited Industrial) upon
approximately 7.5 acres located southwest of Red Pine Lane and Highway 3.
City Planner Ridley gave a staff report and provided a site map.
Logan Tjossem, Widseth, Smith, Nolting (WSN), representing Mike Neisius, gave a presentation on the
the business and spoke to why they are requesting a Comprehensive Guide Plan Amendment. He noted
they are proposing a right-of-way vacation for Hall Street.
Peter Schuler, AB Systems, representing Mike Neisius, provided additional information on the request.
The Council discussed the right-of-way vacation request for Hall Street.
Mayor Maguire opened the public comment. Doug Johnson, 4775 Dodd Road, expressed his support for
the business, but had concerns regarding the location of the proposed building. The following residents
stated their concerns regarding traffic, rezoning of property, noise, building location and industrial
growth: Jeff Nietz, 651 Waterview Cove, Erik Gustafson, 4822 Dodd Road, Jacquelyn Duff, 4800 Dodd
Road, Steve Hamilton, 4764 Dodd Road, Eugene Im, 4850 Dodd Road, Karen McKenna, 647 Waterview
Cove, and Rick Fisher, 647 Waterview Cove, Larry Berhow, 704 Nauvoo Lane. There being no public
comment, he turned the discussion back to the Council. Staff responded to their questions.
Mr. Tjossem noted the applicant is willing to vacate the easement all the way to the west. Mr. Schuler
noted they are willing to work with the neighbors to come to a mutual agreement.
The Council discussed the right-of-way vacation request and the Comprehensive Guide Plan
Amendment. After further discussion it was the consensus of the Council to table the item indefinitely
to allow further conversations between the applicant and neighbors, and to explore other options for
the proposed building site and move forward with a Planned Development. The Council also wanted to
make sure the neighbors are notified of future meetings.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to table indefinitely the
Comprehensive Guide Plan Amendment from LD (Low Density) to IND (Limited Industrial) upon 7.5 acres
located southwest of Red Pine Lane and Highway 3. Aye: 5 Nay: 0
City Council Meeting Minutes
January 16, 2018
7 page
Ordinance Amendment —An Ordinance Amendment to City Code Chapter 5
Regarding Viking Lakes On -Sale Alcohol Licensing
City Administrator Osberg introduced the item noting at the October 10, 2017 Special City Council
meeting, the Council discussed policy questions associated with on -sale liquor at Viking Lakes and
provided direction regarding regulations for Viking Lakes. The 2017 Special Legislative Session included
a law that allows Eagan to issue on -sale alcohol licenses to the owner of Lots 1, Block 1, Viking Lakes, or
to any concessionaire or other third -party vendor under contract with the owner. Osberg noted two
types of on -sale liquor licenses can be issued at Viking Lakes: 1) Annual on -sale licenses, which are
approved by Council, and 2) Short-term on -sale licenses, which are approved administratively for
periods of up to 30 days. On -sale liquor license holders with an alcohol caterer's permit issued by the
State must register with the City if the event has more than 500 attendees. The regulation within the
ordinance amendment are specific to licenses issued for Viking Lakes and do not apply to alcohol
licenses issued under other provisions of City Code.
City Clerk Scipioni was available for questions.
Representatives from Vikings Lakes were present.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance
amendment to City Code Chapter 5 regarding Viking Lakes On -Sale Liquor and direct publication of an
ordinance amendment summary. Aye: 5 Nay: 0
2018 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS
City Administrator Osberg noted that organizational business is considered at the second regular City
Council meeting in January. The following items were acted on:
Acting Mayor
Mayor Maguire moved, Councilmember Bakken seconded a motion to appoint Councilmember Fields as
Acting Mayor. Aye: 4 Nay: 0 (Fields abstained)
Official Legal Newspaper
Mayor Maguire moved, Councilmember Bakken seconded to approve retention of the Burnsville/Eagan
Sun Thisweek Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0
City Depositories
Councilmember Bakken moved, Councilmember Tilley moved to designate Anchor Bank and US Bank
Trust as the City's depositories. Aye: 5 Nay: 0
City Council Meeting Minutes
January 16, 2018
9 page
2018 Schedule of Special City Council Meetings,
Workshops and First January 2019 Meeting
JANUARY 9 MAY 22 (tentative) OCTOBER 9
JANUARY 23 (Council Retreat) JUNE 12 OCTOBER 23 (tentative)
FEBRUARY 13
February 27 (tentative)
MARCH 13
MARCH 27 (tentative)
APRIL 10
APRIL 24 (tentative)
MAY 8
JUNE 26 (tentative)
JULY 10
JULY 24 (tentative)
AUGUST 15 1 Wednesday
AUGUST 28 (tentative)
SEPTEMBER 11
SEPTEMBER 25
(tentative)
iWednesday, August 15 due to Primary Elections
NOVEMBER 13
NOVEMBER 27 (tentative)
DECEMBER 11
No tentative meeting the week
of Christmas
JANUARY 8, 2019
JANUARY 22, 2019
(tentative)
City Council Meeting Procedures
Mayor Maguire moved, Councilmember Tilley seconded a motion to acknowledge Robert's Rules of
Order as the means to conduct official business at all regular City Council meetings, and approve the
guidelines for public participation in City Council meetings. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to ratify the Council's
practice and policy that 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. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to formally ratify the practice
that at least two members of the City Council must make the request of the City Administrator to place
an item on an upcoming City Council agenda. Aye: 5 Nay: 0
City Council Meeting Minutes
January 16, 2018
11 page
NEW BUSINESS
There were no new business items to be heard.
LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
PUBLIC WORKS DIRECTOR
Public Works Director Matthys noted the Public Works Committee meeting will be held in the lower
conference room immediately after the Council meeting.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at
9:48 p.m. Aye: 5 Nay: 0
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Mayor
City Clerk