04/07/2015 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
APRIL 7, 2015
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire and Councilmembers Bakken, Fields, Hansen and Tilley.
A regular meeting of the Eagan City Council was held on Tuesday, April 7, 2015 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 Finance
Pepper, Director of Communications Garrison, Director of Community Development Hohenstein, City
Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief
McDonald, Fire Chief Scott, 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 Hansen moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of March 10, 2015 Special City Council
meeting, and March 17, 2015 regular City Council meeting.
B. 1. It was recommended to approve City Policy revision to the Employee Handbook, Section
16.2.1 regarding Personal Leaves of Absence.
2. It was recommended to approve City Policy revision to the Employee Handbook, Section
22.2 regarding Tuition Reimbursement eligibility.
3. It was recommended to accept the resignation of Thomas Schellinger, Full Time
Temporary Fire Captain and authorize appointment of a Full Time Temporary/Acting
Fire Captain, to be named.
4. It was recommended upon the appointment of the new Full Time Temporary/Acting Fire
Captain, to authorize the appointment of a Full Time Acting Fire Fighter to fulfill the
obligations of the vacant position created by the promoted Fire Captain.
5. It was recommended to approve the termination of Parks Maintenance Worker,
Alexander Lamers.
6. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve the check registers dated March 13, 20, and 27, 2015.
D. It was recommended to approve the ordinary and customary contracts.
E. It was recommended to set the interest rate for special assessments levied in 2015 at 4.0%
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April 7, 2015
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F. It was recommended to approve the Utility Account Discrepancy Policy.
G. It was recommended to approve a Request for Proposals (RFP) for Legal Services (General
Legal, Prosecution, and Labor Services).
H. It was recommended to approve Plans & Specifications, Contract 15-10 (Old Town Hall
Repairs and Renovation) and Authorize Advertisement of Bids.
I. It was recommended to approve a resolution adopting and authorizing publication of the
summary ordinance for Ordinance No. 540.
J. It was recommended to approve a temporary on -sale Liquor license for the Twin Cities Good
Time Softball League's North Star Classic on May 23-24, 2015 at 980 Northview Park Road.
K. It was recommended to approve two temporary on -sale 3.2 percent malt liquor (beer)
licenses and waive the license fees for all Saints Lutheran Church's Community Gatherings
on April 29, 2015 and August 5, 2015 at 3810 Lexington Avenue South.
L. It was recommended to approve a temporary on -sale liquor license and waive the license
fee for Trinity School at River Ridge's Christian Arts Festival on April 16 and 18, 2015 at 601
River Ridge Parkway.
M. It was recommended to receive the bids for Contract 15-01 (2015 Citywide Street
Improvements) and award a contract to Hardrives, Inc. for the base bid in the amount of
$1,589,072.44, and authorize the Mayor and City Clerk to execute all related documents.
N. It was recommended to receive the bids for Contract 15-02 (2015 Citywide Street
Improvements) and award a contract to Hardrives, Inc. for the base bid, and alternate bid, in
the total amount of $1,475,266.59, and authorize the Mayor and City Clerk to execute all
related documents.
0. It was recommended to receive the bids for Contract 15-03 (Pond Sediment Removal and
Outlet Improvements — Storm Sewer/Water Quality Improvements) and award a contract to
Minnesota Dirt Works Inc., for the base bid in the amount of $88,190.35, and authorize the
Mayor and City Clerk to execute all related documents.
P. It was recommended to approve the plans and specifications for Contract 15-09 (2015 Trail
and Parking Lot Improvements) and authorize the advertisement for a bid opening to be
held at 10:30 a.m., on Thursday, May 14, 2015.
Q. It was recommended to approve a Joint Powers Agreement with the Dakota County
Transportation Department for Project 1174 (Yankee Doodle Road/Promenade
Avenue/O'Leary Lane — Intersection Improvements), approve said plans and specifications,
and authorize the advertisement for a bid opening by Dakota County and authorize the
Mayor and City Clerk to execute all related documents.
R. It was recommended to approve a resolution requesting the Minnesota Commissioner of
Transportation's approval of the designation of existing street segments on the City of
Eagan's Municipal State Aid (MSA) roadway system.
S. It was recommended to approve authorization for the preparation of detailed plans and
specifications for Project 1186 (Well No. 22 Central Park Commons — Well Development).
T. Item was removed.
U. It was recommended to approve an increase of $40,000 to the 2015 General Fund Budget to
address additional expenses related to the Emerald Ash Borer (EAB) infestation and
authorize the Mayor and City Clerk to execute all related documents.
V. It was recommended to approve an increase of $125,000 to the 2015 Water System
Renewal and Replacement (Fund 1121) budget to address expenses related to the
restoration of Well No. 3 and authorize the Mayor and City Clerk to execute all related
documents.
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W. It was recommended to approve an increase of $50,000 to the 2015 Eagan Community
Center Fund budget to address additional expenses related to the construction of the
proposed parking lot and trail expansion and authorize the Mayor and City Clerk to execute
all related documents.
X. It was recommended to approve the final payment for Contract 13-05 (Cedar Grove Parking
Garage) in the amount of $193,726.00 to PCL Construction Services, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
Y. It was recommended to authorize a modification to the 2015 Renewal and Replacement
budget by increasing it by $7,000 and changing the purchase of new chairs for the Police
Emergency Operations Center to the purchase of new visitor chairs for the Council
Chambers.
Z. It was recommended to adopt a resolution accepting a $2,000 donation from the Eagan
Lion's Club that will be used to reimburse the City for expenses related to the Police
Department's 501h anniversary celebration.
AA. It was recommended to adopt a resolution approving an Exempt Permit for the Red Pine
Elementary Parent Teacher Organization to conduct a raffle on May 7, 2015 at 530 Red Pine
Lane.
BB. It was recommended to adopt a resolution approving a Premise Permit for the Eagan High
School Football Booster Club to conduct lawful gambling at Cooper's Restaurant and Bar,
1485 South Robert Trail.
PUBLIC HEARINGS
Beau D Rue Drive Plat Easement Vacation
City Administrator Osberg introduced the item noting this is the first of two public hearings related to
development by Ryland Homes in the Cedar Grove Redevelopment Area, the first being upon Lot 1,
Block 1, Lot 2, Block 2, and Outlot A within the Beau D Rue Drive Plat allowing for the vacation of public
drainage and utility easements.
Public Works Director Matthys gave a staff report noting the site is located south of Cedar Grove
Parkway and east of Nicols Road in northwest Eagan.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the Public Hearing to
vacate public drainage and utility easements on Lot 1, Block 1, Lot 2, Block 1, and Outlot A within the
Beau D Rue Drive Plat, and continue action to coincide with future City Council consideration of the
Cedar Grove Townhomes 15t Addition final plat and subdivision. Aye: 5 Nay: 0
Leibel Addition Easement Vacation
Public Works Directory Matthys introduced the item noting Ryland Homes is also requesting the
vacation of existing drainage and utility easements on Lot 1, Block 1, Leibel Addition, located south of
Gold Trail and west of Cedar Grove Parkway in northwest Eagan.
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Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to close the Public Hearing to
vacate public drainage and utility easements on Lot 1, Block 1, Leibel Addition, and continue action to
coincide with future City Council consideration of the Cedar Grove Townhomes 2"d Addition final plat
and subdivision. Aye: 5 Nay: 0
Consider Minnesota Investment Fund Application and Agreement
for DataBank Holdings LP for the Property Located at 3255 Neil Armstrong Boulevard
City Administrator Osberg introduced the item noting on June 17, 2014, the Council authorized staff to
proceed with the submittal of applications related to DataBank LLC submitting a Business Financing
Application to the City of Eagan for consideration of actions pertaining to a forgivable loan from the
DEED Minnesota Investment Fund, a grant from the DEED Jobs Creation Fund and the formation of a
twenty year Tax Abatement District for financing of the DataBank project. Osberg noted as an outcome
of those discussions, the project qualifies for MIF funding of up to $135,000.
Community Development Director Hohenstein was available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a resolution
authorizing and approving a Minnesota Department of Employment and Economic Development
Minnesota Investment Fund application, grant agreement and forgivable loan for $135,000 for
DataBank Holdings, LP. Aye: 5 Nay: 0
OLD BUSINESS
Ordinance Amendment — An Ordinance Amendment to City Code Chapter 6.34
Regarding the sale of Tobacco and Electronic Delivery Devices
City Administrator Osberg introduced the item noting during the last legislative session, a law was
enacted that requires retailers to sell the liquid used in electronic cigarettes in child -safe packaging. The
requirement went into effect on January 1, 2015. Osberg noted at its March 3, 2015 meeting, the
Council directed preparation of an ordinance amendment regarding the child -safe packaging
requirements for electronic cigarette liquid.
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 ordinance
amendment to City Code Chapter 6.34 regarding the sale of tobacco and electronic delivery devices.
Aye:S Nay:O
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Comprehensive Guide Plan Amendment — Nichols Park, LLC
City Administrator Osberg introduced the item noting at the January 20, 2015 meeting, Council
continued the item to the March 10, 2015 Council Work Session in order to gather more background
information on marketing and previous development approaches. At the March 10, 2015 Council Work
Session, the Council directed the amendment request to the April 7, 2015 regular City Council meeting.
City Planner Ridley gave a staff report and was available for questions.
The applicant, Steve Liefschultz, gave a brief overview of the request and was available for questions.
Mayor Maguire opened the public comment. Jody Iverson, 4226 Meghan Lane, addressed the Council
with her concerns regarding rezoning the property from Retail Commercial to High Density and
additional traffic on Nicols Road. Andrea Perrier, resident, Roy Johnson, BP Owner, and Earl Johnson
property owner, each addressed the Council stating their support of the development. There being no
further public comment, Mayor Maguire turned the discussion back to the Council.
The Council discussed the amendment.
Councilmember Hansen moved, Mayor Maguire seconded a motion to direct staff to submit to the
Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from
RC (Retail Commercial) to HD (High Density) upon approximately 8 acres generally located at the SW
corner of Nichols Road and Diffley Road. Aye: 3 Nay: 2 (Bakken and Fields opposed)
NEW BUSINESS
Planned Development Amendment — Toppers Pizza (Brad Vinton)
City Administrator Osberg introduced the item noting the Council is being asked to approve a Planned
Development Amendment to allow delivery service until 3:00 a.m. within in a multi -tenant building
located at 4250 Lexington Avenue.
City Planner Ridley gave a staff report.
The applicant, Brad Vinton, was available for questions.
Mayor Maguire opened the public comment. Claudia Danner, 1004 Coneflower Court, addressed the
Council with her concerns regarding the business being open until 3:00 a.m. There being no further
public comment, he turned the discussion back to the Council.
The Council discussed the amendment. After further discussion it was the consensus of the Council to
add a condition restricting no pick-up service after 1:00 a.m.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to allow delivery services until 3:00 a.m. within 200 feet of residential
property in a multi -tenant building located at 4250 Lexington Avenue, subject to the following
conditions: Aye:5 Nay:0
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An amendment to the Planned Development Agreement shall be executed and recorded against
the property at the Dakota County Recorder's office.
All delivery drivers shall use the exit on the west side of the retail space.
Customer pick-up service shall not be allowed between 1:00 a.m. and 7:00 a.m.
Planned Development Amendment (1579 Cliff Road) — Holiday Stationstores
City Administrator Osberg introduced the item noting the Council is being asked to approve a Planned
Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance
equipment within a screen wall, for property located at 1579 Cliff Road.
City Planner Ridley gave a staff report.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the amendment.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Planned
Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance
equipment within a screen wall, for property located at 1579 Cliff Road, subject to the following
conditions: Aye:5 Nay:0
1. An amendment to the Planned Development Agreement shall be executed and recorded against
the property at the Dakota County Recorder's office.
2. The screen wall shall be constructed of brick, utilizing materials to match the existing building,
and fully screen the materials and equipment inside.
3. The service door shall be painted to match the color of the building.
4. Building address numbers shall be reviewed and replaced if necessary to comply with the
provisions of Section 2.78 of City Code.
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
Mr. Avery Hildebrand, introduced himself to the City Council as the Community Coordinator for Eagan
and Dakota County with Conservation Minnesota noting they have over 1,300 members in Eagan.
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ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7:55 p.m. Aye: 5 Nay: 0
A '
Mayor
City Clerk