01/03/2012 - City Council Regular MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JANUARY 3, 2012
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire,
Councilmembers Bakken, Hansen and Tilley. There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, December 20, 2011 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Also present were
City Administrator Tom Hedges, Director of Administrative Services VanOverbeke, Director of Community
Development Hohenstein, City Planner Ridley, Communications Director Garrison, Director of Parks and
Recreation Johnson, Public Works Director Colbert, City Engineer Matthys, Police Chief McDonald and Fire Chief
Scott.
City Councilmember Fields was not present.
AGENDA
City Administrator Hedges added Consent P. to the agenda; changing the first Council meeting date in February.
Councilmember Baken moved, Councilmember Hansen seconded a motion to approve the agenda as amended.
Aye: 4 Nay: 0
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as
amended. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the December 20, 2011 regular City Council meeting
as presented
B. PERSONNEL ITEMS
1. It was recommended to approve the hiring of Sheen Yang for the Code Enforcement/Property
Maintenance Technician position in the Community Development Department
2. It was recommended to approve the hiring of seasonal /temporary employees in Parks &
Recreation, Utilities and Engineering
3. It was recommended to approve the hiring of Jon Eaton for the Utilities Superintendent position
4. It was to acknowledge the resignation/retirement notice of Tom Colbert, Director of Public Works
and authorize replacement of the position
C. It was recommended to approve Check Registers dated December 15, 2011 and December 22, 2011 as
presented
D. It was recommended to approve Agreement with Diamond Officials of Eagan Umpires Association
E. It was recommended to approve Agreement with Suburban Officials Association
F. It was recommended to approve Agreement with Metro Volleyball Officials Association
G. It was recommended to approve a 2012 Promotion at the Eagan Community Center and Cascade Bay for
Military Families
H. It was recommended to present Feasibility Report for Project 1063 (Chatterton — Street Overlay) and
schedule Public Hearing (February 8, 2012)
1. It was recommended to present Feasibility Report for Project 1064 (Hills of Stonebridge 2 & 3` Additions
— Street Overlay) and schedule Public Hearing (February 8, 2012)
J. It was recommended to present Feasibility Report for Project 1067 (Hawthorne — Street Overlay) and
schedule Public Hearing (February 8, 2012)
K. It was recommended to present Feasibility Report for Project 1068 (Lexington Pointe 1 & 2 Additions —
Street Overlay) and schedule Public Hearing (February 8, 2012)
L. It was recommended to present Feasibility Report for Project 1077 (Northview Park Road/Braddock Trail /
Elrene Road — Street Overlay) and schedule Public Hearing (February 8, 2012)
M. It was recommended to authorize RFP Franchise Attorney
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January 3, 2012
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N. It was recommended to approve an Ordinance establishing the Coachman Oaks Housing Improvement Area,
a Resolution imposing fees on housing units within the Coachman Oaks Housing Improvement Area and a
Development Agreement between the City and the Association — City of Eagan
P. It was recommended to approve Change in Management on the On -Sale 3.2 percent Malt Liquor (Beer) and
Wine License for Smashburger acquisition - Minneapolis, LLC DBA Smashburger
Consent items H. through L were pulled and the scheduled public hearing date of February 7 was changed to
February 8, 2012.
PUBLIC HEARINGS
PROJECT 1076
SLATER ROAD/WHISPERING WOODS 4TH & 5 ADDITIONSL — STREET OVERLAY
City Administrator introduced the item regarding Project 1076, Slater Road/Whispering Woods 4 and 5
Additions street improvements. Director of Public Works Colbert gave an overview of the City's payment
management program. City Engineer Matthys provided an overview of the feasibility study and proposed
improvements.
Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the
Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1076, Slater
Road/Whispering Woods 4 /5 Additions street improvements as presented and authorize the preparation of
detailed plans and specifications. Aye: 4 Nay: 0
PROJECT 1061
S & W INDUSTRIAL — STREET OVERLAY
City Administrator Hedges introduced the item regarding Project 1061, S & W Industrial Acres, Sibley Court
street improvements. City Engineer Matthys provided an overview of the feasibility study.
Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the
Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Project 1061, S & W
Industrial Acres, Sibley Court street improvements as presented and authorize the preparation of detailed plans
and specifications. Aye: 4 Nay: 0
PROJECT 1060
TESSERACT PLACE — STREET OVERLAY
City Administrator Hedges introduced the item regarding Project 1060, Tesseract Place street improvements.
City Engineer Matthys provided an overview of the feasibility study.
Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the
Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1060, Tesseract Place
street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0
OLD BUSINESS
There are no items at this time.
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January 3, 2012
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NEW BUSINESS
CONDITIONAL USE PERMIT — STEININGER PROPERTY
City Administrator Hedges introduced the item regarding conditional use permits to allow outdoor storage of
contractor equipment and trailers; and to allow truck and trailer repair and service on property located at 829 Aldrin
Drive. City Planner Ridley gave a staff report and provided background information.
The applicant was present to answer questions from staff or Council.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a conditional use permit to
allow outdoor storage of contractor equipment and trailers on property located at 829 Aldrin Drive subject to the
following conditions. Aye: 4 Nay: 0
1. This conditional use permit replaces any prior CUP's issued for the property and shall be recorded at Dakota
County within 60 days of approval by the City Council, and proof of recording submitted to the City.
2. The outdoor storage shall be limited to a maximum of 32 trailers plus construction related equipment, per the
index provided by the applicant dated November 15, 2011, and contractor storage, located in the outdoor storage
areas as identified on the site plan received November 15, 2011.
3. The contractor storage items shall be limited to the items identified in the list provided by the applicant dated
December 6, 2011.
4. The storage areas and items stored shall be maintained in an orderly fashion.
5. The proposed outdoor storage areas shall be surfaced with recycled asphalt aggregate no later than August 1,
2012. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic
review by City staff and adequacy of the material to control dust and drainage. The first review will occur two
years following approval of this permit. If the material is determined to be inadequate, the City will require that
it be replaced with bituminous asphalt.
6. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise.
7. All parking and storage areas shall be properly maintained to prevent deterioration.
8. The existing CUP approved October 4, 1994, terminates upon recording of this CUP.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve to allow truck and trailer
repair and service on property located at 829 Aldrin Drive subject to the following conditions. Aye: 4 Nay: 0
1. This conditional use permit shall be recorded at Dakota County within 60 days of approval by the City Council,
and proof of recording submitted to the City.
2. Truck and trailer repair shall not occur outside the building.
CONDITIONAL USE PERMIT AND ITERIM USE PERMIT — ASPEN WASTE SYSTEMS
City Administrator Hedges introduced the item regarding a conditional use permit to allow outdoor storage of trucks
and waste containers upon the property and an interim use permit to allow outdoor storage of trucks, trailers,
equipment and materials of a lawn care service business upon property located at 3259 Terminal Drive. City Planner
Ridley gave a staff report and provided background information regarding the improvements included in Phase I and
Phase 2.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a conditional use permit to
allow outdoor storage of trucks and waste containers upon property located at 3259 Terminal Drive subject to the
following conditions. Aye: 4 Nay: 0
1. This conditional use permit shall be recorded at Dakota County within 60 days of approval by the City Council.
2. A revised Site Plan identifying the Phase 1 and Phase 2 container storage shall be provided prior to release of
this permit for recording.
3. The outdoor storage shall be limited to the number and type of items shown on the site plan and all containers
and vehicles to be empty when stored on site.
4. The storage area shall be maintained in an orderly fashion.
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January 3, 2012
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5. All parking and storage areas shall be properly maintained to prevent deterioration.
6. Trash containers shall be relocated indoors or, alternatively, a trash enclosure to contain and screen dumpsters
may be constructed consistent with the requirements of the City Code.
7. All signage should be consistent with City Code requirements and design standards.
8. A building permit is required for the masonry block screen wall.
9. Fabric mesh attached to the chain link fence shall be used for screening in place of slats. The fabric shall be
kept in premium condition, and replacement of the fabric cover shall occur immediately if it falls into disrepair.
10. The applicant shall install fifteen Category A trees and thirteen Category B trees, per approved Tree Preservation
Plan, as fulfillment of Tree Preservation requirements.
11. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the
placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate
safety netting), to be installed at a drip line or at the perimeter of the Critical Root Zone, whichever is greater,
of significant trees /woodlands to be preserved on -site.
12. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five
days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan
and placement of the Tree Protection Fencing.
13. The applicant shall obtain a grading permit from the City prior to the reconstruction of the proposed outdoor
storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered
professional engineer.
14. If a recycled bituminous surface is used for the outdoor storage areas, the site will be subject to periodic review
by City staff for adequacy of the material to control dust and drainage. The first review will occur two years
following approval of this permit. If the material is determined to be inadequate, the City will require that it be
replaced with bituminous asphalt.
15. This development shall manage storm water and protect water quality from the new outdoor storage /parking
areas by meeting requirements for design standards, minimizing impervious surface area and maximizing
infiltration and retention, acceptable complementary storm water treatments, storm water treatment ponds,
regional ponds, and maintenance of private storm water facilities in accordance with the current City post
construction storm water regulations.
16. The applicant shall verify with the City, during /after construction, that subsoil within all proposed infiltration
areas (i.e., grassed swale, rain garden) is loosened to a depth of 24' or greater, to a maximum compaction
density per standard tests.
17. The applicant shall be required to plug the drain tile that is proposed to be open for one year to allow plants to
become established in the swale, and verify with the City that this work has been done.
18. The applicant shall use weed/seed -free compost mixed with sand versus topsoil before planting and seeding the
infiltration areas, due to unknown amounts of clay /fine soil in the topsoil and to discourage premature plugging
of the infiltration capacity.
19. The applicant shall be required to provide the City its considerations for incorporating a containment area or
structure to pre -treat or collect gravel material in runoff before it enters and becomes deposited in the
infiltration area. This will help extend the functional life of the infiltration area. Consideration also shall be
provided regarding a pre - treatment area or structure for the asphalt runoff.
20. The applicant shall be responsible for annual inspection and maintenance of the stormwater features (clean out
sedimentation, replenish or replace subsoils as needed to maintain infiltration and functionality, etc.) and for
providing the City documentation of these activities (e.g. copies of inspection reports, invoices for work
completed, etc.)
21. If the initial construction of 28 parking stalls is not adequate to handle actual on -site car parking needs,
additional parking stalls in the proof of parking area shall be installed.
22. Construction block of wall will be added with the construction of the office building and consist of the same
Material.
Mayor Maguire asked for a motion to reconsider Condition No. 3.of the CUP by including "...all containers and
vehicles to be empty when stored on site ".
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a conditional use permit to
allow outdoor storage of trucks and waste containers upon property located at 3259 Terminal Drive subject to the
conditions as most recently amended. Aye: 4 Nay: 0
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January 3, 2012
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Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a interim use permit to allow
outdoor storage of trucks, trailers, equipment and materials of a lawn care service business upon property located at
3259 Terminal Drive, subject to the following conditions. Aye: 4 Nay: 0
1. This interim use permit shall be recorded at Dakota County within 60 days of approval by the City Council.
2. This interim use permit shall terminate upon the earlier of May 31, 2015 or the existing lawn service tenant
vacating the property.
3. A revised Site Plan identifying the type and number or quantity of specific items to be stored, and delineating
the area in which they will be stored, shall be provided prior to release of this permit for recording.
4. The outdoor storage shall be limited to the number and type of items shown on the revised Site Plan.
5. The storage area shall be maintained m an orderly fashion.
6. All parking and storage areas shall be properly maintained to prevent deterioration.
7. Trash containers shall be relocated indoors or alternatively, a trash enclosure to contain and screen dumpsters
may be constructed consistent with the requirements of the City Code.
DOMESTIC PARTNER REGISTRATION
City Administrator Hedges introduced the item regarding an ordinance amendment to Chapter 2 of the Eagan City
Code relative to domestic partner registration. Hedges gave background on the item noting that on December 20,
2011 the City Council gave direction to the City Attorney to draft an ordinance amendment and resolution adopting
fees for the registration. Hedges also noted staff collected data from communities who have adopted domestic
partnership registration and the League of Minnesota Cities.
There was brief discussion by Council regarding the process of the ordinance amendment registration.
Tim Lewis, 990 Kensington Trail, questioned the benefits to the City.
Phil Duran, from the advocacy group Outfront Minnesota, spoke on the benefits of the ordinance regarding health
care, insurance and emergency notification to the registrants.
Councilmember Hanson moved, Councilmember Tilley seconded a motion to approve an ordinance of the City of
Eagan, Minnesota, amending Eagan City Code Chapter 2 entitled "Administration and General Government" by
adding Sec. 2.82 regarding Domestic Partnership Registration; and by adopting by reference Eagan City Code
Chapter 1 and Sec. 2.99 of the State of Minnesota, and to direct the City Attorney to publish the ordinance.
Aye: 4 Nay: 0
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a resolution adopting fees
in connection with domestic partnership registration. Aye: 4 Nay: 0
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items to be discussed.
DIRECTOR OF COMMUNITY DEVELOPMENT COMMENTS
Director of Community Development Hohenstein asked to return to New Business item B. Conditional Use Permit
and Interim Use Permit for Aspen Waste Systems for reconsideration.
VISITORS TO BE HEARD
There were no visitors to be heard.
ADJOURNMENT
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January 3, 2012
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Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:35 p.m.
Aye: 5 Nay: 0
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Mayor
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City Clerk