MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 4, 2014

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1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 4, 2014 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. Dave Karsnia, an Eagan resident, addressed the Council regarding an option to keep the outdoor rinks open longer than mid-february. The City Council discussed the issue and asked staff to follow up with Mr. Karsnia. A regular meeting of the Eagan City Council was held on Tuesday, 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 Communications Garrison, Director of Finance Pepper, Director of Community Development Hohenstein, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted the addition to the Consent Agenda under Personnel Item 6 the Replacement of the full-time Parks & Recreation Central Services Aide with two part-time Clerical Technician positions. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations to be heard. Mayor Maguire pulled Item R for further discussion. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of February 11, 2014 Special City Council meeting and February 18, 2014 regular City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the policy changes and title to Section 29 of the City of Eagan Personal Policy from Personal Use of Equipment to be entitled Personal Use of City Resources. 2. It was recommended to approve a modification to section (application process) of the Tuition Reimbursement Policy. 3. It was recommended to approve the resignation and retirement of Cherryl Mesko, Superintendent of Operations for the City of Eagan Parks & Recreation enterprises facilities.

2 2 page 4. It was recommended to approve the next phase of the reorganization of the Parks & Recreation Department to include approval to create the position of Assistant Director of Parks & Recreation. 5. It was recommended to approve the hiring of seasonal employees in Parks & Recreation. 6. It was recommended to authorize the replacement of the FT Parks & Recreation Central Services Aide with two (2) PT Clerical Technician positions. C. It was recommended to approve check registers dated February 14 and February 21, D. It was recommended to approve temporary on-sale liquor license for the Twin Cities Good Time Softball League s North Star Classic Tournament on May 24 and 25, E. It was recommended to approve the pool of Consultant Service providers for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the collection of businesses on the attached list, authorize the City Planner and/or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. F. 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. G. It was recommended to designate Comanche Road, west of Plant Road, as a Minimum Maintenance Road, authorize the installation of appropriate signage and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve the appointment of Joseph Reymann, Julie Vigness-Pint, and Monica Foss for the three (3) board member positions to the Eagan-Inver Grove Heights Watershed Management Organization per the Joint Powers Agreement in effect as of January 15, 2014, and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to approve a contract for Geographic Information System (GIS) Consulting Services with Geographic Technologies Group for the Base Bid in the amount of $22,400, and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve a resolution to provide workers compensation coverage for all members of the Eagan City Council. K. It was recommended to approve budget adjustments for 2013 and 2014 to account for: 1. Change in accounting for support services provided by the General Fund to the Utilities Fund. 2. Change in accounting for Fire State Aid received annually. 3. Reduction in accrual of expense for Other Post-Employee Benefits (OPED), i.e., retiree health insurance. 4. Increased building activity in 2013 comprised of higher contractual inspection costs and VISA/MasterCard charges. L. It was recommend to acknowledge the completion and authorize perpetual City maintenance, subject to warranty provisions, of City Project 07-B (Whispering Woods 14 th Addition). M. It was recommended to receive the bids for Contract (City-Wide Inflow & Infiltration Mitigation, Part 1 Sanitary Sewer Improvements), award the contract to Ess Brothers and Sons, Inc. for the base bid amount of $16,935.00, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to receive the bids for Contract (City-Wide Inflow & Infiltration Mitigation, Part 2 Sanitary Sewer Improvements), award the contract to Infratech

3 3 page (Infrastructure Technologies) for the base bid amount of $10,988.00, and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve a resolution to accept a donation of $ from Honeywell and a donation of $ from Dakota Electric for the purpose of purchasing a portable sound system for use at Parks & Recreation community events and to authorize the necessary budget adjustment and direct the Mayor and City Clerk to sign the appropriate documents. P. It was recommended to approve an agreement with the Metro Volleyball Officials Association to provide officials to officiate adult volleyball league games during 2014 and direct the Mayor and City Clerk to sign the appropriate documents. Q. It was recommended to approve an agreement with Baser PL Umpires Association to provide umpires to officiate adult softball league games during 2014 and direct the Mayor and City Clerk to sign the appropriate documents. R. It was recommended to approve an agreement with Forecast Public Art in the amount of $10,000 to facilitate a community process to develop recommendations for an Arts and Culture Plan and to authorize a transfer of funds from 2013 to 2014 and direct the Mayor to sign the appropriate documents. S. It was recommended to approve Change Order No. 4 to Contract (Cedar Grove Parking Garage) and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILTIES City Administrator Osberg introduced the item noting the City Code allows for collection through certification of delinquent utility bills which are not paid. The City currently has approximately 924 utility bill accounts with delinquent balances. At the February 3, 2014 City Council meeting, a public hearing was scheduled for the City Council meeting. The City currently has approximately 924 utility bill accounts with delinquent balances. Director of Finance Pepper was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion Councilmember Tilley moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT MOWING, NOXIOUS WEEDS, AND REFUSE REMOVAL BILLS City Administrator Osberg introduced the item noting the City Code allows for collection of delinquent mowing, noxious weeds, and refuse removal bills through certification to property taxes. At the February 3, 2014 City Council meeting, a public hearing was scheduled for the March 4, 2014 City Council meeting. The City currently has five properties with delinquent bills. Director of Finance Pepper was available for questions.

4 4 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent mowing, noxious weeds, and refuse removal bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Osberg introduced the item noting the City Code allows for collection of delinquent false alarm bills through certification to property taxes. At the February 3, 2014 City Council meeting, a public hearing was scheduled for the City Council meeting. The City currently has four properties with delinquent false alarm bills. Director of Finance Pepper was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 10 REGARDING THE USE OF COAL TAR SEALANTS City Administrator Osberg introduced the item noting during the last legislative session, a new statute was enacted that bans the use and sale of coal tar sealants throughout the state. The statewide ban applies to Eagan, and an ordinance amendment is necessary to allow the City to enforce the ban locally. Without the proposed ordinance amendment, the Minnesota Pollution Control Agency would be responsible for enforcement. Osberg noted this ordinance comes as a recommendation of the Energy and Environment Advisory Commission. The Council discussed the amendment. Councilmember Hansen suggested the language in the ordinance be gender neutral and recommended changes to Sec , Subd.2. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code Chapter 10 regarding the use of coal tar sealants and direct the City Attorney to publish the ordinance amendment. Aye: 5 Nay: 0

5 5 page PLANNED DEVELOPMENT AMENDMENT MFC PROPERTIES (TOWN CENTRE SHOPPES) City Administrator Osberg introduced the item noting the applicant continues to work on revisions to the proposal based on comments from the February 3, 2014 City Council meeting and is requesting a continuance to the March 18, 2014 City Council meeting. City Planner Ridley was available for questions. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the item to the March 18, 2014 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT RJR ENTERPRISES City Administrator Osberg introduced the item noting the property contains an existing 18,000 s.f. multi-tenant building that was constructed in The property is zoned General Business, in which minor motor vehicle repair is considered a conditional use. City Planner Ridley gave a staff report. The Council discussed the conditional use permit. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a minor auto repair upon property located at 4101 Nicols Road, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Outside storage of vehicles is prohibited. REZONING AND FINAL PLANNED DEVELOPMENT JENSEN & JENSEN PROPERTIES AND EAGAN ECONOMIC DEVELOPMENT AUTHORITY City Administrator Osberg introduced the item noting in 2013, the EDA entered into a purchase agreement to sell Outlot D to Jensen s. Osberg noted two actions before the Council are rezoning from Cedar Grove District (CGD) to Planned Development (PD), and a Final Planned Development for a restaurant building, parking expansion and outdoor patio dining. Osberg noted the Advisory Planning Commission held a public hearing on the proposal at the February 25, 2014 meeting and recommended approval. City Planner Ridley gave a staff report. The applicant, Doron Jensen was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion

6 6 page Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from CGD, Cedar Grove District, to PD, Planned Development, for property located at 3840 Sibley Memorial Highway, legally described as Lot 1, Block 1, Jensen s Supper Club 1 st Addition and Outlot D, Paragon Addition. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Planned Development for a restaurant building and parking expansion and outdoor patio dining upon property located at 3840 Sibley Memorial Highway, legally described as Lot 1, Block 1, Jensen s Supper Club 1 st Addition and Outlot D, Paragon Addition, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall enter into a Final Planned Development Agreement which shall be executed and recorded with the Dakota County Recorder s office and proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: a. Final Site Plan b. Final Building Elevations Plan c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. A pedestrian connection shall be provided between the Jensen s site and the future trail to the southeast and at least one of the existing adjacent trails along Rahn Road or Nicols Road. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 4. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 5. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 6. After the Nicols Road driveway entrance is relocated to a new shared entrance, the applicant shall cause the existing driveway entrance to be closed, and trail and boulevard restored, in a manner acceptable to the City Engineer. 7. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, 10-foot drainage and utility easements adjacent to all public right-of-ways, in addition, where necessary to accommodate existing or proposed utilities or drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 8. The trail easement on the south side of the property shall be of sufficient size for the future trail. Any future temporary construction easements necessary for construction of the trail shall be provided, in a form acceptable to the City Attorney, at no cost to the City. 9. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 10. Angled parking to the site shall meet City Code standards for 11.5 wide stalls. 11. The building expansion shall utilize finish materials to match the existing building. Overhead and service doors shall be painted to match the color of the siding.

7 7 page 12. The masonry base for the new monument shall match the masonry elements on the principal building 13. The pylon sign shall be constructed with a masonry base to match the monument signs and the masonry elements of the principal structure. The masonry base shall extend to match the width of the sign panel (9 ). 14. Any equipment (such as an electrical box, receivers, or antenna) associated with the pylon sign and dynamic panel shall be located to be as unobtrusive as possible, and shall be screened or painted to match the sign structure as appropriate depending on its placement. 15. Operation of the proposed dynamic sign shall be subject to City Code standards. 16. The applicant shall enter into an encroachment agreement, in a form acceptable to the City Attorney, to allow the existing monument at the Nicols Road access to remain in its present location with the utility easement. 17. The new monument sign at the Rahn Road access shall be relocated to be set back at least 10 and outside of the easement. 18. The proposed pylon sign shall be relocated out of the utility easement. 19. The manual readerboard on the building shall be removed in conjunction with installation of the new pylon sign with dynamic message panel. 20. Any new and future building signs shall be subject to compliance with City Code. 21. A revised Landscape Plan incorporating more year around plant materials in place of some perennials in the free-standing sign areas shall be provided for staff review and approval to be incorporated into the Final Planned Development Agreement. 22. A total of 21 trees shall be provided on the Final Landscape Plan. 23. The future outdoor dining patio shall be subject to compliance with City Code standards at the time it is installed, including any Sewer Availability Charges as a result of additional seating in the patio area. Specific plans for the patio dining area shall be submitted to the City for review and approval, and a Building Permit obtained if necessary, prior to installation of the patio. Seating shall be limited to the number of seats shown on the seating plan approved by the city. 24. The Photometric Plan shall be revised to include existing lighting and a data summary, demonstrating compliance to CGD standards including minimum and average illumination. Existing and proposed lighting shall match throughout the site. 25. The development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 26. The property shall be platted. 27. The applicant shall provide a patio seating plan for the Final Planned Development. 28. COMPREHENSIVE GUIDE PLAN AMENDMENT INTERSTATE PARTNERS City Administrator Osberg introduced the item noting the action before the Council is to authorize submittal of the comprehensive guide plan amendment to the Metropolitan Council. The 10 acre site is zoned planned development. The northern portion of the property was platted in 1985 and developed with a 10-story office building, which is currently vacant, and associated parking. The southern portion was replatted in 2008 and is undeveloped. Osberg noted the property is located within the Central Commons Special Area. City Planner Ridley gave a staff report. The applicant, Greg Miller was available for questions.

8 8 page Mayor Maguire opened the public comment. There being no public comment, he turned the discussion The Council discussed the amendment and its consistency with the goals of the Central Commons Special Area Plan. Councilmember Bakken noted his concerns relative to the Yankee Doodle Road Corridor Study and access in the area when the Yankee Doodle Road median is extended at O Leary Lane. Councilmember Hansen moved, Councilmember Bakken seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area/Office Service to Special Area/Mixed Use upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update to be heard. CITY COUNCIL ADMINISTRATIVE AGENDA Mayor Maguire noted tonight s City Council meeting is the last meeting for paper packets with the City moving forward to electronic packets. Councilmember Hansen noted how nice the Firefighter Banquet was and looks forward to it every year. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:35 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk