05/15/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MAY 15, 2018
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmember Fields, Bakken and Hansen. Councilmember Tilley was absent.
A regular meeting of the Eagan City Council was held on Tuesday, May 15, 2018 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Hansen.
Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Public Works Director Matthys, Parks and Recreation Director Pimental, Director of
Community Development Hutmacher, City Planner Ridley, Finance Director Pepper, Police Chief
McDonald, City Attorney Dougherty and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the consent
agenda as presented: Aye: 4 Nay: 0
A. There was no minutes to approve at this time.
B. Personnel Items:
1. It was recommended to authorize the hiring of the seasonal employees as Building
Attendant III, Cascade Bay Guest Relations, Cascade Bay Lifeguard, Cascade Bay Lifeguard
Instructor, Cascade Bay Pool Attendant, Engineering Intern, Landscape Crew Laborer, Park
Laborer, Park Maintenance Worker, Parks Operations Assistant, Recreation Leader, and
Utility Maintenance Worker.
2. It was recommended to approve the Memorandum of Understanding between the City of
Eagan, Minnesota and Law Enforcement Labor Services, Inc. representing Police Officers.
3. It was recommended to approve the Memorandums of Understanding between the City of
Eagan, Minnesota and the Law Enforcement Labor Services, Inc. representing Police
Officers, MN Teamsters Public & Law Enforcement Employees' Union, Local 320— Public
Works & Parks Maintenance Unit, MN Teamsters Public & Law Enforcement Employees'
Union, Local 320 — Clerical Unit, concerning a change to vacation accrual levels.
4. It was recommended to approve a change to Section 10.3 of the Employee Handbook
pertaining to overtime and compensatory time for Full Time Fire Fighters.
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May 15, 2018
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5. It was recommended to approve changes to Section 32 of the Employee Handbook
pertaining to Drug & Alcohol Free Workplace Policy.
6. It was recommended to accept the resignation of Robert Kent, Police Officer.
C. It was recommended to ratify the check registers dated April 27 and May 4, 2018.
D. It was recommended to approve the ordinary and customary contracts with Sysco Minnesota,
Inc., The Poetics of Forgiveness Project, Ben Janssens, Craig Snyder, Judd Nelson, Czech Area
Concertina Club, Teresa Audet, Cathy Durso, Lucienne Schroepfer, Caron Bell, Polonia Odahara
Novack, Mckinstry, BCBSM, Inc., and MRA -The Management Association, Inc.
E. It was recommended to approve an Off -Sale Liquor License for The Liquor Truth Liquor LLC
doing business as The Liquid Truth Liquor, 3090 Courthouse Lane Suite 200.
F. It was recommended to approve a Viking Lakes On -Sale Liquor License for Flik International
Corp.
G. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
World Encounter on September 9, 2018 at 3795 Pilot Knob Road.
H. It was recommended to approve Change Order No. 3 for Contract 17-06 (Digital Radio System
Replacement) and authorize the Mayor and City Clerk to execute all related documents.
I. It was recommended to approve the plans and specifications for Contract No. 18-10 (2018 Trail
& Parking Lot Improvements), and authorize the advertisement for a bid opening to be held at
10:30 a.m. on Thursday, June 14, 2018.
J. It was recommended to approve the final payment for Contract 18-14 (Salt Storage Structure
Demolition) in the amount of $36,730.00 to Lloyd's Construction Services, Inc.
K. It was recommended to approve a Construction Services Agreement with KLM Engineering, and
authorize the Mayor and City Clerk to execute all related documents.
L. It was recommended to declare right-of-way in Northeast Eagan (TH 55/Blue Gentian Road) as
surplus and convey property (Parcel ID 100020025090) to Minnesota Department of
Transportation.
M. It was recommended to approve a resolution to accept a donation from the Eagan Kick -Start
Rotary.
N. It was recommended to proclaim May 2018 as Building Safety Month and authorize the Mayor
and City Clerk to execute all related documents.
0. It was recommended to authorize staff to acquire Outlot D, Galaxie Cliff Plaza Addition, a 0.73 -
acre, tax -forfeited parcel located directly east of Fire Station #5 at 4701 Galaxie Avenue.
P. It was recommended to authorize a request for proposals to solicit offers for the purchase and
reuse or redevelopment of Fire Station #5 located at 4701 Galaxie Avenue and the adjacent
Outlot D, Galaxie Cliff Plaza Addition.
Q. It was recommended to declare property located south of the intersection of Duckwood Drive
and Federal Drive to be surplus and authorize a Request for Proposals to solicit offers for the
sale of land and development of approximately 0.75 acres not needed for right-of-way.
R. It was recommended to adopt a resolution to modify and extend the 60 day deadline for
Comcast to accept the Eagan Cable Franchise.
S. It was recommended to approve an agreement with Securian Financial Group, Inc.
T. It was recommended to approve Council resolution in support of a grant application with the
Minnesota Pollution Control Agency for the possible installation of an Electric Vehicle dual
charging station at the Cedar Grove Parking Garage.
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May 15, 2018
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PUBLIC HEARINGS
Outlot A Kieffer Addition — Access Restriction Easement Vacation
City Administrator Osberg introduced the item noting on April 17, 2018, the City received a petition
requesting the vacation of an access restriction easement on the north edge of Outlot A Kieffer Addition
along Elrene Road. The action before the Council is to close the public hearing and continue action to
vacate an access restriction easement on Outlot A Kieffer Addition to coincide with City Council's
consideration of the rezoning and preliminary subdivision of Haven Woods, under Old Business.
Public Works Director Matthys gave a staff report and provided a site map.
Mayor Maguire opened the public hearing. Several residents noted their preference to see the access
for the development off of Elrene Road not Dodd Road. There being no further public comment, Mayor
Maguire turned the discussion back to the Council.
Councilmember Hansen moved, Councilmember Bakken seconded a motion to close the public hearing
and continue action to vacate an access restriction easement on Outlot A Kieffer Addition to coincide
with the City Council's consideration of the rezoning and preliminary subdivision of Haven Woods,
under Old Business. Aye: 4 Nay: 0
OLD BUSINESS
Rezoning and Preliminary Subdivision (Haven Woods) — Barbara McMahon
City Administrator Osberg introduced the item noting this development was before the Council on April
17, 2018 and was continued to the May 15, 2018 City Council meeting. The Council is being asked to
consider a Rezoning from Agriculture and R-1, Single Family to R -IS, Single -Family Small Lot district,
Vacation of the Access Restriction Easement, and a Preliminary Subdivision to create 13 single-family
lots upon approximately 5.25 acres at 3955 Dodd Road.
City Planner Ridley gave a staff report and provided a site map.
Barbara McMahon, applicant, gave a summary of her request and was available for questions
Clark Wicklund, Alliant Engineers, spoke to the original request and access to the property.
Mayor Maguire opened the public comment. Ray Seipka, 1692 Havenhill Road spoke to the proposed
retaining wall. Several residents stated their support for the development. Brian McMahon, brother of
applicant, expressed his concerns with the application process and the funds that the applicant had
expended in anticipation of the requested zoning. Mr. McMahon asked the Council to consider the
alternative development presented by the applicant. There being no further public comment, Mayor
Maguire turned the discussion back to the Council.
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May 15, 2018
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The Council discussed the rezoning and preliminary subdivision. Mayor Maguire noted that the purpose
of R -IS is to preserve or protect natural resources or to provide affordability. He didn't believe either
was being met with this development. Mayor Maguire further noted that the applicant's representative
had previously stated that the reason for the R -1S request was to gain more lots.
Council members Bakken and Fields stated their concerns that the R -IS zoning was not consistent with
the existing character of adjoin developments.
Clark Wicklund, representing the applicant, asked the Council to take action on the current application
for 13 lots with R -1S zoning.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Variance of
the Access Restriction Easement over the northeasterly one foot of Outlot A, Kieffer Addition. Aye: 4
Nay: 0
Mayor Maguire moved, Councilmember Bakken seconded a motion to approve a Rezoning from A,
Agriculture and R-1, Single -Family, to R -IS, Single -Family Small Lot district, upon approximately 5.25
acres at 3955 Dodd Road, located southwest of Dodd Road and Elrene Road. Aye: 0 Nay: 4 (Maguire,
Bakken, Fields, Hansen) Reason for denial. R -IS zoning is not appropriate because it neither preserves
natural resources or serves an affordability goal and is inconsistent with surrounding neighborhood and
the characteristic of the neighborhood.
Councilmember Bakken moved, Councilmember Fields seconded a motion to direct preparation of
Findings of Fact for Denial of a Preliminary Subdivision (Haven Woods) to create 13 single-family lots
upon approximately 5.25 acres at 3955 Dodd Road, located southwest of Dodd Road and Elrene Road.
Aye: 4 Nay: 0 Reason for denial. Inconsistent with the existing Agricultural zoning.
NEW BUSINESS
2040 Comprehensive Guide Plan Update
Mayor Maguire introduced the discussion of the 2040 Comprehensive Guide Plan.
City Planner Ridley gave a presentation summarizing the 2040 Comprehensive Guide Plan updates and
was available for questions.
Community Development Director Hutmacher provided additional information and was available for
questions.
The Council discussed the Comprehensive Guide Plan Update.
Mayor Maguire opened the public comment. Stephen Melcher, 1347 Chatterton Road, noted he is a
member of MICAH and was available to answer questions the Council may have. Rachel Lewine, 3616
Widgeon Way, encouraged the City to develop a bicycle and walking master plan.
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May 15, 2018
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After further discussion the Council provided the following feedback:
➢ Should policies within the Housing Chapter focus more specifically on the needs of households
earning less than 30% of area median income? The City, with tools at its disposal, has the ability
to positively impact affordable housing at the 31-80% levels. The City relies on its HRA, the
Dakota County CDA, with its ability to access Federal and State funding to target households at
less than 30% AMI.
➢ Should the City take a more proactive approach to the creation of affordable housing? The City
would like to work with the CDA to consider options for land trust or other tools to provide
sustainable affordable housing.
➢ Should the City adopt an inclusionary housing policy? The City would like to evaluate what
other cities are doing for inclusionary housing policies and the effectiveness of those policies, and
evaluate whether some tools could be incorporated. The City would like to remove references to
Point of Sale and Rental Licensing Programs for the time being.
➢ Would the City consider using a tax increment financing to support the development of
affordable housing that is not a component of a larger -scale redevelopment project? The City
would consider the use of affordable housing tax increment financing districts.
➢ Should the City undertake a Walking and Biking Master Plan? The City suggested working
towards a walking and biking plan and making reference to such a goal in the 2040 update.
Councilmember Bakken moved, Councilmember Fields seconded a motion to authorize staff to submit
the 2040 Comprehensive Guide Plan Update for review by affected jurisdictions and the Metropolitan
Council. Aye:4 Nay:0
City Administrator Osberg noted that inclusionary housing policies and what other cities are doing will
be discussed at a future Council Workshop.
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 Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at
9:25 p.m. Aye: 4 Nay: 0
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May 15, 2018
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