11/06/2017 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
NOVEMBER 6, 2017
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 regular meeting of the Eagan City Council was held on Monday, November 6, 2017 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, City Planner Ridley, Public Works Director
Matthys, Parks & Recreation Director Pimental, Director of Community Development Hutmacher, City
Clerk Scipioni, Deputy Chief Police New, Fire Chief Scott, City Attorney Dougherty, and Executive
Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
Fire Chief Scott recognized Community Center Manager Marshall Grange and Community Center staff
for life saving efforts in May of 2017.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent
agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the October 10, 2017 Special City Council
minutes and October 17, 2017 regular City Council meeting, as presented.
B. Personnel Items:
1. It was recommended to approve the Memorandum of Agreement between the City of
Eagan and Law Enforcement Labor Services, Local No. 170 regarding the bidding of
shifts/schedules for the Police Officers.
2. It was recommended to authorize the hiring of a Full Time Temporary Streets Maintenance
Worker.
3. It was recommended to accept the resignation of Timothy Bush, Fire Lieutenant Captain.
4. It was recommended to authorize the promotion of Jeffrey Brooker, Streets Maintenance
Worker, to Streets Maintenance Supervisor and authorize the recruitment and replace of
this position.
5. It was recommended to authorize the termination of the seasonal employees as Park
Laborer, Tennis Instructor, Custodian ECC, Streets Maintenance, ECC Guest Services Rep,
Tennis Assistant, and Park Maintenance.
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6. It was recommended to hire the following seasonal positions as Basketball Scorekeeper,
Building Attendant I, Recreation Leader, Preschool Teachers Assistant, Youth Art Leader,
Park Maintenance, and Program Assistant.
C. It was recommended to ratify the check registers dated October 20 and October 27, 2017.
D. It was recommended to approve the ordinary and customary contracts with LexisNexis Claims
Solutions Inc., Amy Rhone, Andrea Sisel, Eagan Art Festival Board, Barbara Waltz, Caitlin
Dowling, Carol Tana, Deb Oldenburg, Dorea Arguelles, Heidi VanSchooten, Jerri Neddermeyer,
Juliet Parisi, Karen Ask, Lynn O'Gorman, Marie Biallas, Mary Lewis, Nancy Wester, Pat McKinley,
Richard Pletcher, Sid Doan, Stacy Mellenbruch, Vicki Wright, Berkley Rick, Select Account,
LifeWorks, BlueCross BlueShield, and Aroha Philanthropies.
E. It was recommended to approve a resolution to accept a donation from Target Corporation,
Keith Maiz, two anonymous Target employees and Piada Italian Street Food.
F. It was recommended to approve an Off -Sale Liquor License for T & M Liquor, Inc. doing business
as T & M Liquor, 4130 Blackhawk Road, Suite 100.
G. It was recommended to approve utilization of a temporary contractual commercial building
inspector and time extension of a temporary contractual residential building inspector, and
amend the 2017 budget accordingly to reflect an increase in revenues and expenditures of
$58,000.
H. It was recommended to approve senior citizen deferment of special assessment for street
improvements for 4689 Penkwe Way.
I. It was recommended to approve a Joint Powers Agreement for the administration and
distribution of the High -Intensity Drug Trafficking Areas Program grant.
J. It was recommended to approve 2017 budget amendment totaling $52,000 resulting from the
compensation plan changes.
K. It was recommended to adopt a resolution accepting a $22,000 donation from the Eagan
Citizens' Crime Prevention Association (ECCPA) that will be used to reimburse the City for the
purchase of a new vehicle for the Police Department.
L. It was recommended to authorize the purchase of a fire ladder truck from Fire Safety USA.
M. It was recommended to receive the Draft Feasibility Report for Project 1258 (Galaxie Avenue,
Berkshire Drive to Apple Valley border—Street Improvements) and schedule a public hearing to
be held on December 5, 2017.
N. It was recommended to receive the Draft Feasibility Report for Project 1259 (Heine 1St Addition
—Street Improvements) and schedule a public hearing to be held on December 5, 2017.
O. It was recommended to receive the Draft Feasibility Report for Project 1260 (Evergreen Park
Addition — Street Improvements) and schedule a public hearing to be held on December 5, 2017.
P. It was recommended to receive the Draft Feasibility Report for Project 1261 (Wilderness Run 4th,
5th, and 6th Additions —Street Improvements) and schedule a public hearing to be held on
December 5, 2017.
Q. It was recommended to acknowledge the completion of Project 13-B (Paragon Addition —
Grading, Street and Utilities Improvements) and authorize perpetual City maintenance subject
to warranty provisions.
R. It was recommended to acknowledge the completion of Project 13-M (Senior Pointe Senior
Living — Utilities Improvements) and authorize perpetual City maintenance subject to warranty
provisions.
S. It was recommended to approve an amendment to the telecommunication lease agreement
with T -Mobile, for upgrades on the Sperry Tower site and authorize the Mayor and City Clerk to
execute all related documents.
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T. It was recommended to approve the final payment for Contract 16-24 (Central Maintenance
Facility Renovations — Security, Access Control and Paging Services) to Parson Electric LLC for
$9,424.01 and accept the improvements for perpetual City maintenance subject to warranty
provisions.
U. It was recommended to approve Change Order No. 1 for Contract 17-09 (Vikings Parkway —
Streetscaping) and authorize the Mayor and City Clerk to execute all related documents.
V. It was recommended to approve Change Order No. 1 for Contract 17-19 (Cedar Grove Area
Entrance Monuments) and authorize the Mayor and City Clerk to execute all related documents.
W. It was recommended to approve a Conditional Use Permit to allow a child care facility upon
property located at 1981 Silver Bell Road, legally described as Lot 1, Block 1, Silver Bell Center
Addition, subject to the following conditions:
1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within
60 days of approval, and proof of recording shall be submitted to the City, prior to when the
daycare opens.
2. The child care facility shall be operated in compliance with all County and State regulations.
The daycare shall obtain and maintain all required permits and licenses required by the
County and/or State.
3. The playground area shall be located as shown on the Site Plan dated September 19, 2017.
4. A fence shall be constructed to enclose the playground area.
5. All signage shall meet City Code standards.
X. It was recommended to receive and acknowledge the Draft Cedar Avenue Transitway Station
Area Plan intended to guide future policy decisions and development in the METRO Red Line
stations located in the City of Eagan.
Y. It was recommended to approve the purchase of tablets for the Advisory Planning Commission
meetings for $9,700 and make the related budget adjustments in the General Fund.
Z. It was recommended to approve a Final Planned Development for Development of a 5 -story
410,000 sf office building upon approximately 34 acres located at 2900 Ames Crossing Road.
AA. It was recommended to approve Change Order No. 1 for Contract 16-22 (Vikings Parkway —
Street Improvements) and authorize the Mayor and City Clerk to execute all related documents.
PUBLIC HEARINGS
Lot 1, Block 1, Eagan Place 4th Addition Easement Vacation
City Administrator Osberg introduced the item noting on September 20, 2017, City staff received a
petition from Rob Loftus, Property Manager of Lot 1, Block 1, Eagan Place 4th Addition, requesting the
vacation of portions of existing drainage and utility, sidewalk, trailway and snow storage easements
near the south property line of the medical -office building at 1215 Town Center Drive in central Eagan.
Osberg noted the action to be considered is to close the public hearing and continue consideration of
the vacation of public drainage and utility easements on Lot 1, Block 1, Eagan Place 4th Addition.
Public Works Director Matthys gave a staff report and provided a site map.
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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 Bakken seconded a motion to close the public hearing
and continue consideration of the vacation of public drainage and utility easements on Lot 1, Block 1,
Eagan'Place 4th Addition. Aye: 5 Nay: 0
Lot 1, Block 1, Schindeldecker 4th Addition / Outlot D
Galaxie Cliff Plaza Easement Vacation
City Administrator Osberg introduced the item noting as part of the City's process as it relates to the
possible sale of Fire Station 5 near Galaxie Road, the Council is being asked to consider the vacation of
public drainage and utility easements. Osberg noted the vacation request has been reviewed by the
Public Works Department and found to be in order for favorable Council action with the approval of the
final plat at a future date.
Public Works Director Matthys gave a staff report and provided a site map.
Mayor Maguire opened the public hearing. Forrest Godfrey, 1929 Berkshire Drive, addressed the
Council and asked if the end resolution involves moving the cables onto the easement that extends
across the properties. Staff responded to his question. There being no further public comment, Mayor
Maguire turned the discussion back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing
and continue consideration of the vacation of public drainage and utility easements on Lot 1, Block 1,
Schindeldecker 4th Addition/Outlot D, Galaxie Cliff Plaza. Aye: 5 Nay: 0
OLD BUSINESS
Ordinance Amendment — An Ordinance Amendment to City Code Chapter 10
Regarding Prescriptive Grazing
City Administrator Osberg introduced the item noting at the June 20, 2017 Listening Session, the Council
received a request from a resident who was interested in utilizing prescribed grazing to manage invasive
species on his property. At the July 5, 2017 Council meeting, the Council directed preparation of an
ordinance amendment to allow prescribed grazing on non-agricultural lots.
City Clerk Scipioni walked through the proposed ordinance amendment.
Mayor Maguire opened the public comment. Scott Schnuckle, 821 Bear Paw Trail, addressed the
Council noting he requested utilizing prescribed grazing to manage invasive species on his property. Mr.
Schnuckle noted his support for the proposed ordinance amendment and asked the Council to consider
changing the number of goats per 0.10 acre; from 1 per 0.10 acre to 2 per 0.10 acre. Jake Langeslag,
Goat Dispatch owner, provided a summary of his business and was available for questions. There being
no further public comment, Mayor Maguire turned the discussion back to the Council.
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The Council discussed the proposed ordinance amendment. It was the consensus of the Council to add a
provision stating a permit shall not be issued if "The owner of the goats has violated any provisions
hereunder or the owner's goats have escaped from permitted premises on more than two occasions."
Further, the Council amended the ordinance to allow 2 goats per 0.10 acre.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance
amendment to City Code Chapter 10 regarding prescriptive grazing as modified, and direct publication
of a summary ordinance amendment. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution to
establish prescriptive grazing licensing fees. Aye: 5 Nay: 0
Ordinance Amendment — Ordinance Amendments to City Code Chapters 6, 7, 10 and 11
Relative to Special Events and Temporary and Outdoor Events
City Administrator Osberg introduced the item noting at the 2017 Council retreat, the Council directed
staff to research potential changes to the City Code to allow more flexibility for outdoor and special
events. At the lune 13, 2017 Council meeting, Council directed staff to initiate an Ordinance
Amendment. Osberg noted the City Attorney has prepared a draft ordinance amendment for the Council
to consider.
Director of Community Development Hutmacher walked through the proposed changes to the
ordinance amendment.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Ordinance
Amendments to City Code Chapter 6.36 relative to outdoor sales at events, Chapter 7.07 relative to
special event permits, Chapter 10.31 relative to outdoor electronic sound and various sections of
Chapter 11 regarding outdoor events and direct publication of summary ordinance amendments.
Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a resolution to
establish fees for outdoor food sale permits and cultural event permits. Aye: 5 Nay: 0
Receive and Act Upon Report from Hearing Officer regarding Xcel Energy's
Appeal of Denial of Right -of -Way Permit
City Attorney Dougherty introduced the item noting on October 17, 2017, the City Council directed that
Xcel Energy's appeal of the City's denial of a right-of-way permit be submitted to a hearing officer who
would make a report and recommendations to the City Council. The hearing was held on October 31,
2017. The hearing officer submitted a report and recommendation to the City on November 3, 2017.
On November 6, 2017, the City received a response from Xcel Energy to the report and informed the
City Attorney's office that it intends to submit preliminary plans that include the proposed gas line on
Ames Crossing Road making a looping connection with other Xcel lines. Dougherty noted Council is
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being asked that the item be continued to December 5, 2017 to allow staff to review and re-evaluate its
denial of the right-of-way permit based upon Xcel Energy's submitted proposal.
Lisa Agimonti, Attorney for Xcel Energy, addressed the Council noting she would like to advise the
Council that the customer has informed Xcel Energy that if they do not have a permit by November
21,2017, that customer will be lost.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to continue the appeal until
December 5, 2017, to allow staff to review and re-evaluate its denial of the right-of-way permit based
upon Xcel Energy's submitted proposal to loop the gas line and to estimate reasonably anticipated use
of Ames Crossing Road. Aye: 5 Nay: 0
NEW BUSINESS
Comprehensive Guide Plan Amendment — Justman Freight
City Administrator Osberg introduced the item noting before the Council is consideration of a
Comprehensive Guide Plan Amendment to change the land use upon approximately 7.5 acres located
southwest of Red Pine Lane and Highway 3. The applicant is requesting a change in the land use
designation from Low Density to Limited Industrial upon 4 parcels.
City Planner Ridley gave a staff report and provided a site map.
Logan Tjossem, Widseth, Smith, Nolting (WSN), representing Mike Neisus, Justman Frieight, gave a
presentation on the request and was available for questions.
Mayor Maguire opened the public comment. Darrel Swanson, AB Systems, spoke in favor of the
Comprehensive Guide Plan Amendment. Mike Neisus, owner, provided a brief summary of the request.
Eugene Im, 4850 Dodd Road, noted concerns regarding a rezoning and possible future uses. There being
no other public comment, Mayor Maguire turned the discussion back to the Council.
The Council discussed the Comprehensive Guide Plan Amendment. Councilmember Bakken noted the
property line to the south is nonconforming.
Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation
from LD (Low Density) to IND (Limited Industrial) upon approximately 7.5 acres located southwest of
Red Pine Lane and Highway 3, and direct staff to have a discussion with the south property owners
regarding boundary lines. Aye: 5 Nay: 0
Rezoning / Comprehensive Guide Plan Amendment — City of Eagan
City Administrator Osberg introduced the item noting the action before the Council is to consider
directing staff to submit the Comprehensive Guide Plan Amendment application to the Metropolitan
Council for the properties located at 3940 Rahn Road and 4701 Galaxie Avenue. Both sites are zoned
Public Facility and guided Quasi-Public/Institutional and contain fire stations that are no longer in use.
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City Planner Ridley gave a staff report and provided a site map.
Mayor Maguire opened the public comment. Forrest Godfrey, 1929 Berkshire Drive, noted he was
unsure of what is being proposed at the site and asked the Council to provide another time for
comments once the zoning is determined. Edward Finley, 3520 Widgeon Way, raised concerns about
the Request For Proposal process. Staff responded to Mr. Finley.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct staff to submit the
Comprehensive Guide Plan Amendment application to the Metropolitan Council for the properties
located at 3940 Rahn Road and 4701 Galaxie Avenue. Aye: 5 Nay: 0
Planned Development Amendment - Walser
City Administrator Osberg introduced the item noting the Council is being asked to consider a rezoning
from Limited Industrial to Planned Development for approximately 17.5 acres located at 2875 Highway
55, and a preliminary planned development to allow the outdoor storage and wholesale auctions of
motor vehicles, motor vehicle detailing, repair, and maintenance.
City Planner Ridley gave a staff report and provided site maps.
Peter Coyle, applicant representative, noted his objection to Condition #12 regarding the dedication of
right-of-way. Other representatives from Walser were present and available for questions.
The Council discussed the Planned Development Amendment.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a rezoning from I-
1, Limited Industrial to PD, Planned Development for approximately 17.5 acres located at 2875 Highway
55. Aye:5 Nay:0
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
Planned Development to allow the outdoor storage and wholesale auctions of motor vehicles, motor
vehicle detailing, repair, and maintenance for approximately 17.5 acres located at 2875 Highway 55,
subject to the following conditions, as amended: Aye: 5 Nay: 0
1. A Planned Development Agreement shall be shall be executed and recorded against the
property at the Dakota County Recorder's office. The Preliminary PD Agreement shall contain
the following plans.
a. Site Plan
b. Landscape Plan
2. Outdoor storage shall be consistent with the approved Site Plan. All drive aisles shall be
maintained free of obstruction.
3. The applicant shall provide a revised Site Plan that depicts adequate employee and guest
parking, and commercial and oversized vehicle parking/storage.
4. All vehicles that are parked or stored outside shall be in operable condition. Those vehicles that
are in inoperable or unlicensed condition shall be limited to 10 days storage time outside.
5. Auctions shall be limited to one day a week, wholesale sales only and all buyers must have a
dealer's license.
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6. Unrelated storage including the airplane fuselage shall be removed from the property by May
31, 2018.
7. The applicant shall include an appropriately sized and designed storm sewer structure(s) to
effectively separate and capture debris and contaminants (including hydrocarbons and
sediment) from the storm water from this site prior to entering the public storm system. Details
shall be included in applicable plan sheet(s).
8. If this site development adds or fully -reconstructs 10,000 square feet or more of impervious
surface, then this development shall meet the City's Post Construction Stormwater
Management Requirements (City Code §4.34) for stormwater management and surface water
quality, including Runoff Rate Control and 1.1" Volume Control of effective retention of the
site's new/fully-reconstructed impervious surface area.
9. The property owner shall enter into a long-term stormwater management system maintenance
agreement with the City, detailing the inspection and maintenance required to occur to ensure
proper operation and performance of the permanent stormwater management system, in a
form acceptable to the City Attorney.
10. The applicant shall provide the City Engineer as -built plans that demonstrate that all modified
and constructed stormwater structures/facilities (including conveyance) conform to design
and/or construction plans, as approved by the City. The applicant shall submit to the City
Engineer certification that the stormwater management facilities have been installed in accord
with the plans and specifications approved. This certification shall be provided by a Professional
Engineer licensed in the State of Minnesota.
11. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
12. The applicant shall dedicate adequate right-of-way and drainage and utility easements to allow
the connection of Commers Drive and Beverly Drive. The right-of-way shall be dedicated to the
City in a form acceptable to the City Attorney prior to release of the Planned Development
Agreement for recording.
13. The applicant shall upgrade all deteriorated outdoor storage/parking lot areas, add concrete
curb and gutter around the perimeter of the outdoor storage/parking lot areas, and add an
adequately sized storm sewer system to current engineering standards, in a manner acceptable
to the City Engineer prior to commencing the outdoor storage approved with this Planned
Development.
14. The applicant shall obtain a grading permit from the City prior to the construction of the
proposed outdoor storage/parking lot areas. Detailed plans for this grading work shall be
prepared and signed by a registered professional engineer.
15. This applicant shall be responsible for the acquisition of all regulatory agency permits and
approvals.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There was no administrative agenda to be heard.
VISITORS TO BE HEARD
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There were no visitors to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:46 p.m. Aye: 5 Nay: 0
Date
Mayor
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