02/05/2013 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
FEBRUARY 5, 2013
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 girls from Girl Scout Troop 52693 introduced themselves to the Council.
At 6:20 p.m., the City Council held a closed session to review and discuss labor negotiations. The closed
session concluded at 6:28 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, February 5, 2013 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 Tom Hedges, Assistant City Administrator Miller, Director of
Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public
Works Matthys, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief
Scott, Police Chief McDonald, and Executive Assistant Stevenson.
AGENDA
City Administrator Hedges noted one change to the Consent Agenda, under Item B. Personnel Items,
number 1. Approve the hiring of David Osberg as City Administrator and approve the employment
agreement between Mr. Osberg and the City of Eagan, will be moved to Item A. under Recognitions and
Presentation, moving the recognition of City Administrator Hedges to Item B.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
modified. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
APPROVE THE HIRING OF DAVID OSBERG AS CITY ADMINISTRATOR AND APPROVE THE
EMPLOYMENT AGREEMENT BETWEEN MR. OSBERG AND THE CITY OF EAGAN
City Administrator Hedges introduced the item noting the action to be considered is to approve the
hiring of David Osberg as the next City Administrator for the City of Eagan. Hedges noted tonight is the
ratification of the contract with official duties starting on Monday, March 25, 2013.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the hiring of
David Osberg as City Administrator and approve the employment agreement between Mr. Osberg and
the City of Eagan. Aye: 5 Nay: 0
Mayor Maguire, on behalf of the Council, initiated the ceremonial signing of the contract by Dave
Osberg. Mr. Osberg thanked the City Council.
City Council Meeting Minutes
February 5, 2013
2 page
RECOGNIZE CITY ADMINISTRATOR TOM HEDGES' 36 YEARS OF SERVICE
TO THE CITY OF EAGAN
The City Council recognized City Administrator Tom Hedges for his 36 years of service to the City of
Eagan and 41 years in the profession of local government management. Mayor Maguire noted Tom will
be recognized at a community celebration on Thursday, February 7, from 4:30 -8:30 p.m. at the Eagan
Community Center. Each Councilmember expressed heartfelt gratitude for Hedges' 36 years of loyal
service to Eagan. City Administrator Hedges thanked the City for the opportunity to serve.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent
Agenda as modified. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of January 2, 8, 15, 17, and 18, 2013.
B. Personnel items
1. Approve the City of Eagan 2013 Pay Equity Report.
2. Approve on -call custodial stipend for the two Lead Custodians at the Eagan Community
Center and the Eagan Municipal Campus.
3. Approve the hiring of Seasonal Employees in Parks & Recreation.
C. It is recommended to approve Check Registers dated January 17 and 24, 2013.
D. It was recommended to approve Change Order No. 6, Contract 09 -18 Duckwood
Overpass
E. It was recommended to approve Final Payment, Contract 09 -18 Duckwood Overpass.
F. It was recommended to present a Feasibility Report for Project 1096, Willbrook Addition -
Street Improvements and Schedule Public Hearing (March 5, 2013)
G. It was recommended to present a Feasibility Report for Project 1101, Hidden Valley Addition
(Michelle Drive) - Street Improvements and Schedule Public Hearing (March 5, 2013)
H. It was recommended to present a Feasibility Report for Project 1105, Oaks of Bridgewater
1" Addition - Street Improvements and Schedule Public Hearing (March 5, 2013).
I. It was recommended to present a Feasibility Report for Project 1111, Great Oaks Addition -
Street Improvements and Schedule Public Hearing (March 5, 2013).
J. It was recommended to present a Feasibility Report for Project 1115, Wescott Gardens/
Woodlands North 2nd Addition - Street Improvements and Schedule Public Hearing (March 5,
2013).
K. It was recommended to approve Plans & Specifications, Contract 13 -03, Citywide Street
Improvements and Authorize Advertisement for Bids March 14, 2013.
L. It was recommended to receive a Petition to Vacate Public Easements located on Lots 1, 2
and 3, Block 1; Lots 1 and 2, Block 3; and Outlot D, all in Stonehaven 4th Addition, and
Schedule Public Hearing for March 5, 2013.
M. It was recommended to approve Final Payment, Contract 12 -12, Cedar Grove
Redevelopment Area Phase II —Grading Improvements.
N. It was recommended to request Advance from Municipal State Aid Road Program.
0. It was recommended to approve a Community Roadside Landscaping Partnership
Agreement with MnDOT.
P. It was recommended to approve an Inflow /Infiltration Grant Program with Metropolitan
Council.
City Council Meeting Minutes
February 5, 2013
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Q. It was recommended to approve Contract 13 -08, High Pressure Zone In -House Booster
Pump Removal.
R. It was recommended to approve Contract 13 -09, Utilities Building Administration
Improvements.
S. It was recommended to approve a Temporary Liquor License and the waive license fee for
Trinity School at River Ridge's Spring Benefit Dinner on April 13, 2013.
T. It was recommended to set a Public Hearing date for March 5, 2013 to certify delinquent
false alarm bills.
U. It was recommended to set a Public Hearing date for March 5, 2013 to certify delinquent
mowing and noxious weed bills.
V. It was recommended to set a Public Hearing date for March 5, 2013 to certify
delinquent utility bills.
W. It was recommended to direct preparation of an ordinance amendment to City Code
Chapters 2, 5 and 6 relative to criminal background investigations for perspective
employees and business licensing.
X. It was recommended to accept the resignation of Matthew Steele from the Advisory
Parks Commission.
Y. It was recommended to accept the resignation of Andy Jansma from the Advisory
Planning Commission.
Z. It was recommended to adopt a Resolution to accept a $7,500 donation from Think Mutual
Bank for the 2013 Market Fest Entertainment Series.
AA. It was recommended to approve the designation of portions of park property as State of
Minnesota General Obligation Bond Financed Property as defined in a Grant Agreement for
Tree Removal and Replanting or Planting for Diversity.
BB. It was recommended to approve a Resolution to accept an anonymous contribution for a
planning process in collaboration with community arts stakeholders.
CC. It was recommended to direct preparation of an ordinance amendment to City Code
Chapter 13, Section 13.20, relative to Water Quality Management.
DD. It was recommended to approve a Temporary Liquor License and waive the license fee for
the Eagan Foundation's 12th Annual Wine Tasting and Silent Auction event on April 18, 2013
at the Eagan Community Center.
EE. It was recommended to direct preparation of an ordinance amendment to City Code
Chapter 10.40 relative to standards for fires or barbeques on balconies or patios
Mayor Maguire called out Item BB., noting an anonymous donation of $10,000 was received. Director
of Parks and Recreation Johnson explained that the donation will be used to look at what role arts can
play in the community identity and community engagement.
OLD BUSINESS
AN ORDINANCE AMENDMENT TO CHAPTER 7.07 RELATIVE TO SPECIAL EVENT PERMITS
City Administrator Hedges introduced the item noting in early 2012, the City Council implemented
a special event permitting process. The special event permit applications are reviewed and
approved by the Special Event Permit Committee. The Committee, having completed its first year
with the new ordinance in place, is recommending the proposed ordinance amendment changes to
the special events regulations.
City Council Meeting Minutes
February 5, 2013
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Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There
being no public comment, he turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance
Amendment to City Code Chapter 7.07 relative to special event permits and direct the City Attorney to
publish the ordinance amendment summary. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Hansen seconded to approve a Resolution modifying
special event permit fees. Aye: 5 Nay: 0
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT — LEXINGTON PET CLINIC
City Administrator Hedges introduced the item noting the Advisory Planning Commission held a
Public Hearing on January 22, 2013 and is recommending approval. City Planner Ridley gave a staff
report. The applicant, Jon Einess, was available for questions.
Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There
being no public comment, he turned the discussion back to the Council.
The City Council discussed the services offered by Lexington Pet Clinic with Drs. Kizer and Ferguson.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to allow a pet clinic use for a portion of the building located at 1095 Diffley
Road, subject to the following conditions: Aye: 5 Nay: 0
1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota
County Recorder's Office prior to issuance of a building permit. The following plans are required for
the Agreement:
• Floor Plan
• Site Plan
2. The pet clinic use shall only occupy the area designated on the floor plan dated December 13, 2012.
3. A sign permit is required prior to installation of any sign, and signage is subject to all other
requirements of the City Code.
4. All other terms of the Planned Development Agreement dated November 6, 1995, shall remain.
5. No boarding of animals shall occur on the premises.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
APPROVE COMMENTS ON THE DRAFT RECORD OF DECISION (ROD) /FINDINGS OF
NO SIGNIFICANT IMPACT (FONSI) AND FINAL ENVIRONMENTAL ASSESSMENT (EA) FOR THE
MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT 2020 CAPITAL IMPROVEMENT PLAN
Assistant City Administrator Miller introduced the item noting the City learned of the revisions
made to the 2020 CIP, and the FAA's latest position at the January 16 meeting of the Noise
Oversight Committee (NOC). Given the impacts of the changes, Miller noted it seemed appropriate
City Council Meeting Minutes
February 5, 2013
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to comment specifically on the revisions made to the document. Miller summarized the four main
points of the letter.
Mayor Maguire asked if anyone in the audience would like to comment on the item. There being no
public comment, he turned the discussion back to the Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve comments on the
Draft Record of Decision (ROD) /Findings of No Significant Impact (FONSI) and Final Environmental
Assessment (EA) for the Minneapolis -St. Paul International Airport 2020 Capital Improvement Plan. Aye:
5 Nay:0
ADMINISTRATIVE AGENDA
CITY COUNCIL COMMENTS
Councilmember Hansen noted the first Highway 77 Policy Advisory Committee meeting will be held on
Wednesday, February 6, 2013 from 3 -5:00 p.m. at the Dakota County Northern Service Center. Hansen
also noted that he had been re- elected as (MVTA) Metro Valley Transit Association Chair.
CITY ADMINISTRATOR
City Administrator Hedges thanked the Council for the heartfelt comments.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
City Administrator Hedges made the ceremonial motion for adjournment.
Councilmember Bakken moved, Mayor Maguire seconded a motion to adjourn the meeting at 8:12 p.m.
Aye:S Nay:O
a va -13
Date
Mayor
Clerk