11/04/2019 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
NOVEMBER 4, 2019
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.
Several Eagan residents addressed the Council with their concerns regarding airport noise. Mayor
Maguire encouraged the residents to attend the Airport Relations Commission's joint meeting with City
Council on November 12, 2019 at 5:30 p.m.
A regular meeting of the Eagan City Council was held on Monday, November 4, 2019 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, Public Works
Director Matthys, City Planner Schultz, Parks and Recreation Director Pimental, Communications and
Engagement Director Ellickson, Finance Director Pepper, Police Chief New, City Attorney Dougherty and
Executive Assistant Stevenson.
Mayor Maguire noted in wake of the recent death of Patric Vitek on Friday morning, he is
recommending adding to the agenda New Business B. — Project 1339, Diffley Road/Braddock Trail
Intersection Improvement Update. The addition of this item will permit residents to comment on
pedestrian and bike concerns along Diffley Road.
AGENDA
City Administrator Osberg noted the addition of New Business item B — Project 1339, Diffley
Road/Braddock Trail Intersection Improvements Update.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentation to be heard.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the October 15, 2019 regular City Council minutes as presented
or modified.
B. Personnel items:
1. It was recommended to accept the resignation of Valeriano Garcia, FT Custodian for the
Eagan Community Center and authorize replacement.
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November 4, 2019
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2. It was recommended to authorize the hiring of Judy Mueller, Clerical Technician for the
Utilities Division.
3. It was recommended to authorize the hiring of Timothy Sperduto, Parks Maintenance
Worker.
4. It was recommended to authorize the transfer of Kevin Sturgeleski from seasonal Tree
Inspector to FT Tree Inspector.
5. It was recommended to approve the transfer of duties of Sergeant Dan Tocko from Patrol
Sergeant to Detective Sergeant.
6. It was recommended to approve the transfer of duties of Sergeant Rich Evans from
Detective Sergeant to Patrol Sergeant.
7. It was recommended to approve the policy change in Section 13 of the Employee Handbook
regarding vacation accruals from the equivalent of 10 days of annual paid vacation leave (2
weeks) to the equivalent of 15 days of annual paid vacation leave (3 weeks).
8. It was recommended to approve the policy update in Section 16 of the Employee Handbook
regarding Civic Duties.
9. It was recommended to approve the Memorandum of Agreement between the City of
Eagan and the Law Enforcement Labor Services.
10. It was recommended to accept the resignation of Lori Peterson -Weitzel, Human Resources
Manager, and authorize the recruitment and replacement of this position.
C. It was recommended to ratify the check registers dated October 11 and 18, 2019.
D. It was recommended to approve the ordinary and customary contract with Cora Williams,
Burntside Memories, Caitlin Dowling, Polonia Odahara Novack, Greg Markstrom, Lynn
O'Gorman, Barbara Waltz, Art Creative, Karen Ask, Mary Lewis, Nancy Wester, Judith Favia,
Dorea Arguelles, Steve Sheehan, Mary Ellen Griffith, Juliet M Parisi Creations, Pat's Pots, Gypsy
Heart Jewelry, Commons on Marice, Affinity, Hunger Solutions, and Vivia Knievel.
E. It was recommended to approve a program license agreement with HID Global Corporation for
the use of credential formats used to connect to the Citywide card access system.
F. It was recommended to approve Change Order No. 2 for Contract 18-20 (City -Wide Intersections
—Traffic Signal, Pedestrian and Street Lighting Improvements), and authorize the Mayor and City
Clerk to execute all related documents.
G. It was recommended to approve the plans and specifications for Contract 19-29 (2019 Water
Quality & Storm Sewer Improvements) and authorize the advertisement for a bid opening to be
held at 10:30 a.m. on Tuesday, November 26, 2019 at City Hall.
H. It was recommended to approve Change Order No. 1 and the final payment for Contract 18-19
(Lexington/Diffley Booster Station — Water Trunk Improvements) in the amount of $33,448.17 to
Minnesota Mechanical Solutions, Inc. and accept the improvements for perpetual City
maintenance subject to warranty provisions.
I. It was recommended to approve the final payment for Contract 19-02 (Lexington/Diffley
Reservoir — Reconditioning) in the amount of $11,197.50 to Elevations Coatings Inc. and accept
the improvements for perpetual City maintenance subject to warranty provisions.
J. It was recommended to approve the first amendment to the telecommunication lease
agreement with Verizon, for upgrades on the Lexington/Diffley Reservoir site and authorize the
Mayor and City Clerk to execute all related documents.
K. It was recommended to acknowledge the completion of Project 15-L (Gateway Business Park)
and authorize perpetual City maintenance subject to warranty provisions.
L. It was recommended to adopt a resolution approving a Premise Permit for the Eagan Lions Club
to conduct lawful gambling at Bald Man Brewing, 2020 Silver Bell Road #25.
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November 4, 2019
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M. It was recommended to approve a resolution to accept a grant from the Metropolitan Regional
Arts Council in the amount of $10,000 for a Community Arts Grant.
N. It was recommended to approve the work plan for the Energy Environment & Advisory
Commission for the upcoming working year for that commission.
O. It was recommended to adopt the list of projects 2020-2024 on the Parks Capital Improvement
Plan (CIP) as presented to the City Council at a Special meeting on Monday, October 7, 2019 and
authorize the initiation of the public improvements process for the 2020 programmed
improvements.
P. It was recommended to declare Fire Apparatus Surplus and authorize disposal and Approve
replacement.
Q. It was recommended to approve Settlement Agreement and Mutual Release with CenturyLink to
settle past claims of franchise fee underpayment by CenturyLink.
R. It was recommended to authorize submittal of a letter to the Transportation Advisory Board
regarding the Regional Solicitation Program.
There were no public hearings to be heard.
PUBLIC HEARINGS
OLD BUSINESS
There were no old business items to be heard.
NEW BUSINESS
Planned Development Amendment —1629 Lena Court (Sparrow, LLC)
City Administrator Osberg introduced the item noting the Council is being asked to consider a Planned
Development Amendment to modify the restrictions prohibiting dedicated parking for property at 1629
Lena Court.
City Planner Schultz gave a staff report and provided a site map.
Tom Jalonack, owner of the property, explained the situation that led to this application. They are
seeking the ability to place signs for hair salon, nail salon, and tutoring businesses. He stated the metal
signs are sturdy but also heavy and hard to move, so they prefer to switch to an A -frame that would
allow tenants to easily remove.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the Final Planned Development request. Councilmembers agreed they were not
supportive of limited use of signs to reserve parking stalls for certain tenants, consistent with past
requests. After further discussion it was the consensus of the Council to deny the request.
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November 4, 2019
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Councilmember Fields moved, Councilmember Bakken seconded a motion to direct preparation of
Findings of Fact for Denial a Planned Development Amendment to modify the restrictions prohibiting
dedicated parking for property at 1629 Lena Court). Aye: 5 Nay: 0
Project 1339, Diffley Road/Braddock Trail Intersection Improvements Update
Mayor Maguire noted we are deeply saddened by the death of Patric Vitek and he offered condolences
to the family.
Police Chief New provided an update on the accident.
Director of Public Works Matthys provided an update on the status of Project 1339 (Diffley
Road/Braddock Trail — Intersection Improvements) and a history on improvement considerations along
the adjacent segment of Diffley Road over the past dozen years.
Mayor Maguire opened the public comment, the following residents addressed the Council with their
concerns regarding speed and traffic on Diffley Road: Janet Westenberg, 4241 Daniel Drive, Stacy
Angerhofer, 4401 Braddock Trail, Michelle McGowan, 4245 Braddock Trail, Anne Gibson, 822 Bald Lake
Court, Anurag Mathur and daughter, 4029 Deerwood Trail, Gino Rojas, Kathleen Schilling, 4220
Braddock Trail, Jennifer McGovern, 890 Wescott Trail, Cabrina Fouts, Marianne Passe, Petrus Fakkeldij,
958 Trillium Court, Holly Jenkins, 1130 Tiffany Point, Heidi Hegenbarth, 4319 Kirsten Court, Kathleen
Schoeberl, 4217 Daniel Drive, Charles Rogers, 4213 Daniel Drive, Theresa Eisele, 4209 Braddock Trail,
letter from Caroline Corner was read by Theresa Eisele, Olin Hagenbarth, Hilary Autry, 4386 Braddock
Trail, Shana Fouts, 4460 Oak Chase Way, Rachel Lewine, 4313 Clemson Circle, Sara Smith, 977
Wildflower Court, John Dudley, representing Minnesotan's for Safe Driving, Joe Atkins, Dakota County
Commissioner, Senator Jim Carlson, State Representative Laurie Halverson and Mike Barnes, MnDOT.
There being no further comments, Mayor Maguire turned the discussion back to the Council.
The Council and staff responded to questions and spoke to what the next steps will be. The Council
continued with an open dialogue forum for those residents who had additional questions.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
VISITORS TO BE HEARD
There were no visitors to be heard.
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November 4, 2019
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ADJOURNMENT
Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at
10:30 p.m. Aye: 5 Nay: 0
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