03/06/2012 - City Council Regular AGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
MARCH 6, 2012
6:30 P.M.
I. ROLL CALL AND PLEDGE OF ALLEGIANCE
e s II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made
for an item to be pulled for discussion)
Py A. APPROVE MINUTES
P../AB. PERSONNEL ITEMS
P 15 C. APPROVE Check Registers
I Cp D. APPROVE Resolutions to accept cash donations from two citizens in memory of Retired
Firefighter Dave Feterl who recently passed away
-x i 9 E. RECEIVE Feasibility Report for Project 1054 (Fairway Hills Ultra -High Pressure Zone
Improvements) and schedule a Public Hearing (April 3, 2012)
e DF. REQUEST MnDOT Consideration of Proposed Municipal State Aid System Revisions
G. ITEM REMOVED
e H. APPROVE Final Payment for Contract 11 -03 (Deerwood Reservoir — Repainting)
Q as I. APPROVE Joint Powers Agreement for Project 1086 (Pilot Knob Road & Wescott, Lexington
Ave & Northwood Pkwy /Neil Armstrong Boulevard — Flashing Yellow Arrows) with Dakota
County
P:)„ L J. APPROVE Plans & Specifications and Authorize Advertisement for Bids for Contract 12 -02
(City -Wide Street Improvements)
Pg K. AWARD Contract No. 12 -05 (Inflow & Infiltration Mitigation - City -Wide Sanitary Sewer
Improvements)
ea7 L. AWARD Contract No. 12 -06 (Outlet Modifications & Pond Sediment Removal - 2012 Water
Quality /Storm Sewer Improvements)
r. c9 M. APPROVE Resolution confirming certain properties should be included in the Coachman Oaks
Housing Improvement Area
V. PUBLIC HEARINGS
t 35 A. VARIANCE - 3105 Sibley Memorial Highway — Ted Anderson - Multiple Variances: 1) reduced
number of parking stalls; 2) reduced parking stall sizes and widths; 3) reduced parking lot
setbacks; 4) for zero setback or encroachment onto adjacent property of satellite dish and
trash enclosure and trash enclosure within a front yard; 5) reduced green space below 25 %;
and 6) for relief from landscape requirements
VI. OLD BUSINESS
VII. NEW BUSINESS
c5 A. INTERIM USE PERMIT- 3045 Highway 13 — Sowles Properties - An Interim Use Permit to
allow outdoor storage of construction equipment, materials, trailers, and vehicles, and a
113' tower crane
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this
time)
X. ADMINISTRATIVE AGENDA
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
XI. VISITORS TO BE HEARD (for those persons not on the agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
C!ty of Ea MeMo
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 2, 2012
SUBJECT: AGENDA INFORMATION FOR MARCH 6, 2012 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the March 6, 2012 City Council agenda, the following items are in
order for consideration.
3
Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the February 21, 2012 Regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the February 21, 2012 Regular City Council meeting are enclosed on pages
5 through I I .
MINUTES OF A REGULAR MEETING OF THE 'DRAFT
EAGAN CITY COUNCIL
Eagan, Minnesota
FEBRUARY 21, 2012
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Councilmembers
Bakken, Fields, Hansen and Tilley. Mayor Maguire was not yet present.
Gary Foster was present and addressed the Council regarding sewer lateral failure on property at located at 4321
Stirrup Street which was recently purchased by his daughter and son -in -law, Lisa and Donald Bliss.
The Council discussed the issue presented by Mr. Foster and it was suggested to have the Public Works Committee
investigate and make a recommendation to the City Council as a whole. Debra O'Connor, Watchdog Consumer
Advocate Reporter, was present for the Listening Session.
A regular meeting of the Eagan City Council was held on Tuesday, February 21, 2012 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 Hedges, Assistant City Administrator Miller, Director of Administrative Services
VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director
Garrison, Public Works Director Colbert, Police Chief McDonald, Fire Chief Scott, Director of Parks and
Recreation Seydell Johnson and Assistant City Engineer Gorder.
AGENDA
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
EAGAN CONVENTION AND VISITORS BUREAU AWARD
The Eagan Convention and Visitors Bureau (ECVB) was honored at the 2012 Explore Minnesota Tourism
Conference in Rochester on January 24, 2012 and received a Travel Marketing Award of Merit for their "Pick Your
Package" promotion which generated more than double the projected hotel bookings. ECVB President, Brent Cory,
was congratulated by the City Council and presented the award on behalf of the bureau.
RECOGNITION OF IT MANAGER, KRISTI PETERSON, FOR 24 PLUS YEARS OF SERVICE TO
THE CITY OF EAGAN
Kristi Peterson, Information Technology Manager, was recognized and presented a plaque for 24 '/2 years of service
to the City of Eagan.
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 February 8, 2012 Regular City Council meeting, minutes of
the January 10, 2012 Special City Council meeting and minutes of the January 31, 2012 Special Council Goals
Retreat
B. PERSONNEL ITEMS
1. It was recommended to approve the hiring of the temporary GIS Technician/Operations Support
Specialist position in the Utilities Department "to be named"
2. It was recommended to approve the promotion of Dan Cook, Information Technology Supervisory,
to Information Technology Manager and authorize a classification change from Level 13 to Level 15
effective March 1, 2012 and authorize his replacement
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City Council Meeting Minutes
February 21, 2012 AF
2 page
�
C. It was recommended to approve Check Registers dated February 2, 2012 and February 9, 2012 as presented
D. It was recommended to approve a Temporary On -Sale Liquor License and waive license fee for the Eagan
Foundation 11 Annual Wine Tasting and Silent Auction Event at the Eagan Community Center on April
19, 2012
E. It was recommended to approve a Temporary On -Sale Liquor License for Twin Cities Goodtime Softball
League's 2012 North Star Classic tournament on May 26 and 27, 2012
F. It was recommended to approve Tree Maintenance Contractor License for Valley Tree Service, Inc.
G. It was recommended to approve the 2012 — 2016 General Facilities Renewal & Replacement Improvement
Program and the 2012 Budget
H. It was recommended to approve an Amendment to the 2012 — 2016 Part II Capital Improvement Program
and the 2012 Budget
I. It was recommended to approve Eagan Cable Franchise Attorney Selection
J. It was recommended to authorize application of a grant from the Metropolitan Regional Arts Council for an
Arts Learning Grant
K. It was recommended to approve the 2013/2014 Fee Schedule for the Eagan Community Center
L. It was recommended to approve Resolutions to accept cash and in -kind donations from Rasmussen College,
Health Partners, Thisweek Newspapers, Thisweek Live and Dakota County Tribune to benefit Market Fest
and/or 5K Your Way Activity Festival
M. It was recommended to accept a grant from the State of MN on behalf of the Dakota County Drug Task
Force and approve a resolution authorizing execution of the agreement
N. It was recommended to approve Comprehensive Guide Plan Amendment and Rezoning of the former Fire
Administration property to Limited Business
O. It was recommended to present Feasibility Report for Project 1083 (Beacon Hill Road — Storm Sewer
Improvements) and Schedule Public Hearing (March 20, 2012)
P. It was recommended to approve Agency Delegated Contracting Process Agreement with Minnesota
Department of Transportation
Q. It was recommended to request Advance of Municipal State Aid Funding
R. It was recommended to approve South Metro Cities Joint Powers Agreement for Street Maintenance
Services
S. It was recommended to approve Plans & Specifications and Authorize Advertisement for Bids for Contract
12 -01 (City-Wide Street Improvements)
T. It was recommended to authorize Feasibility Report for Project 1054 (Fairway Hills Ultra -High Pressure
Zone Improvements)
Item T. Authorize Feasibility Report for Project 1054 (Fairway Hills Ultra -High Pressure Zone Improvements) was
pulled for separate consideration. Councilmember Fields moved, Councilmember Tilley seconded a motion to
authorize Feasibility Report for Project 1054. Aye: 4 Nay: 0 (Mayor Maguire abstained)
PUBLIC HEARINGS
PROJECT 1070 OAK CHASE 4 — STREET OVERLAY
City Administrator Hedges introduced the item regarding Project 1070, Oak Chase 4 Addition/Oak Chase Circle
street improvements. Director of Public Works Colbert gave an overview of the City's pavement management
program. Assistant City Engineer Gorder 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 inquired as to whether the higher than typical assessment was related to the fact that the
original street is over 32 years old compared to the other neighborhoods where the streets are closer to 20+ years old.
Assistant Engineer Gorder responded in the affirmative.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1070, Oak Chase 4
Addition/Oak Chase Circle street improvements as presented and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
LC)
City Council Meeting Minutes
February 21, 2012
3 page
PROJECT 1069 CLIFF RIDGE — STREET OVERLAY
City Administrator Hedges introduced the item regarding Project 1069 Cliff Ridge Addition street improvements.
Assistant City Engineer Gorder 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 Fields seconded a motion to approve Project 1069 Cliff Ridge
Addition street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5
Nay: 0
PROJECT 1075 GREAT OAKS LANE /CIRCLE — STREET OVERLAY
City Administrator Hedges introduced the item regarding Project 1075 Great Oaks Lane /Great Oaks Circle street
improvements. Assistant City Engineer Gorder 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 Fields moved, Councilmember Bakken seconded a motion to approve Project 1075, Great Oaks
Lane /Great Oaks Circle street improvements as presented and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
PROJECT 1071 SIGNAL POINT/KNOB HILL — STREET OVERLAY
City Administrator Hedges introduced the item regarding Project 1071 Signal Point/Knob Hill Addition street
improvements. Assistant City Engineer Gorder 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 Bakken moved, Councilmember Hansen seconded a motion to approve Project 1071 Signal
Point/Knob Hill Addition street improvements as presented and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
PROJECT 1066 COVENTRY PASS 1 & 2 /COUNTRY HOLLOW — STREET OVERLAY
City Administrator Hedges introduced the item regarding Project 1066 Coventry Pass 1 and 2nd Additions and
Country Hollow Addition street improvements. Assistant City Engineer Gorder provided an overview of the
feasibility study and proposed improvements.
Mayor Maguire opened the public hearing.
Bryan Wray, 623 Wildflower Way, inquired as to whether the presented assessment was guaranteed and expressed
concerns regarding the timing of the project. He also inquired about the possibility of scheduling alternatives noting
that several graduation parties are planned for this summer in his neighborhood. Staff replied that the proposed
assessments are preliminary estimates based on previous year's unit prices. If the bids come in more than 10% over
the estimate, City policy is to hold another public hearing to reconsider the project. Staff also explained the economic
benefits of leaving a more open construction schedule that allows staff to work with neighborhood groups and the
contractor.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1066 Coventry Pass 1
and 2nd Additions and Country Hollow Addition street improvements as presented and authorize the preparation of
detailed plans and specifications. Aye: 5 Nay: 0
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City Council Meeting Minutes
February 21, 2012
4 page a,
PROJECT 1072 HEINE COURT — STREET OVERLAY
City Administrator Hedges introduced the item regarding Project 1072 Boulder Ridge Addition/Heine Court
street improvements. Assistant City Engineer Gorder 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 Tilley moved, Councilmember seconded a motion to approve Project 1072 Boulder Ridge
Addition/Heine Court street improvements as presented and authorize the preparation of detailed plans and
specifications. Aye: Nay: 0
OLD BUSINESS
PLANNED DEVELOPMENT AMENDMENT- PANERA BREAD/ TONY DISANZA
City Administrator Hedges introduced the item regarding a planned development amendment to allow drive -
through service and modifications to the Panera Bread building located at 1260 Promenade Place. Hedges noted
the applicant had previously requested this item be continued to the February 21, 2012 City Council agenda. City
Planner Ridley gave a staff report and background on the item.
Julie Perrus, attorney representing the applicant, discussed changes and modifications regarding the drive- through,
parking spaces and landscaping. Pat Bennett, civil engineer on the project, noted that truck deliveries to Panera
would happen either after hours or during off -peak hours.
Matt Rieger, Mid - America Real Estate and representing the owner of the in -line center at Eagan Promenade,
discussed an additional access lane, site concerns and diminished green space. Mr. Rieger concluded that the site is
too tight to accommodate the proposed improvements.
The Council discussed the drive- through service, modifications to the building, number of parking spaces and
green space. The Council further discussed the applicant achieving 30 percent green space and adding a timed sign
to the drive- through.
The Mayor and Councilmembers agreed that Panera had responded to the physical concerns raised by the Advisory
Planning Commission.
Councilmembers commented that the City needs to evolve over time and both Councilmembers Fields and Bakken
stated their belief that the addition of drive- through service at this location would not result in a binding precedent
being set.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development
Amendment to allow drive- through service and modifications to the building, signage and awnings, for property
located at 1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade, subject to the following
amended conditions: Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota
County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The
PD Amendment Agreement shall include the following exhibits:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Signage Plan
2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All
other conditions in the Development Agreement remain in effect and the property is subject to the terms and
conditions of Development Agreement, as amended by this Amended.
City Council Meeting Minutes
February 21, 2012
5 page
3. The applicant shall provide evidence of an easement or other agreement that permits these off-site
improvements in a form that is acceptable to the City Attorney.
4. Building signage shall be limited to two building elevations.
5. In accordance with the Sign Guidelines in the Promenade PD Agreement, the "drive -thru" wall sign shall be
modified to either individual channel letters mounted on the building or on a raceway of channel -letter
construction.
6. The drive- through clearance bar shall not contain signs or logos.
7. Menu board and directional signage shall be installed according to the submitted sign plans, and only the
numbers and size specified shall be allowed.
8. The outdoor dining area in front of the building shall be surfaced with pervious pavement or paver blocks to
offset decreased green space and provide additional on -site infiltration of storm water runoff.
9. The outdoor dining area shall be limited to a total of 24 seats.
10. Landscaping shall be installed per the Landscape Plan to be approved by staff, which approval shall be
conditional on achieving approximately 30 percent green space.
11. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of
the City Code.
12. The electrical transformer shall be fully screened from off -site views and landscaping or a screening enclosure.
13. A new pedestrian connection shall be made between the site and the existing trail along Promenade Avenue as
shown on the Site Plan.
14. To maintain a clear zone for winter snow and ice removal operations by the City, the retaining wall proposed
along Promenade Avenue shall be installed a minimum of 3 feet from the sidewalk.
15. An "expected wait" time display sign shall be added near the entrance to the drive- through.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development
Amendment to allow modifications to the exterior building fmish materials and awnings for property located at
1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade, subject to the following conditions:
Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota
County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The
PD Amendment Agreement shall include the following exhibits:
a. Final Site Plan
b. Final Building Elevations
c. Final Landscape Plan
d. Final Signage Plan
2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All
other conditions in the Development Agreement remain in effect and the property is subject to the terms and
conditions of the Development Agreement, as amended by this Amendment.
3. The outdoor dining area shall be limited to a total of 24 seats.
4. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of
the City Code.
5. Awnings may be of the Arlon material and multiple colors, and shall contain no graphics or signage.
The City Council recessed at 8:35 p.m.
The City Council reconvened at 8:45 p.m.
ORDINANCE AMENDMENTS — CHAPTER 5 (REGARDING BEER, WINE AND LIQUOR
LICENSING); CHAPTER 8 (REGARDING MOTORIZED GOLF COURSE PERMITS); CHAPTER
10 (REGARDING CARRIER PIGEON PERMITS); AND CHAPTER 6 (REGARDING BUSINESS
LICENSING REGULATIONS); AND RESOLUTION ADOPTING TEMPORARY WINE FESTIVAL
LICENSE FEE
City Administrator Hedges introduced the item regarding ordinance amendments to beer, wine and liquor
licensing, motorized golf course permits, carrier pigeon permits, business licensing regulations and adopting a
temporary wine festival license fee.
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City Council Meeting Minutes
February 21, 2012
6 page
The Council briefly discussed the amendments, specifically the wine festival license and public policy
considerations.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an ordinance
amendment to City Code Chapter 5 amending beer license financial responsibility, amending on -sale liquor
license restrictions, and adding a temporary wine festival license; an ordinance amendment to City Code
Chapter 8.08 regarding motorized golf cart use permits; an ordinance amendment to City Code Chapter 10.12
regarding carrier pigeons permits; an ordinance amendment to City Code Chapter 6 amending various sections
regarding business and activity permits and licenses; and direct the City Attorney to publish the ordinance
amendment summary. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution adopting
fees in connection with a temporary wine festival license. Aye: 5 Nay: 0
ORDINANCE AMENDMENT — CITY OF EAGAN — AMUSEMENT DEVICES
City Administrator Hedges introduced the item regarding an ordinance amendment to City Code Chapter 11,
Sections 11.30 and 11.60 regarding amusement devices and stated the City Council considered certain policy and
housekeeping items regarding various licenses and permits at their special City Council meeting on December 13,
2011.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance amendment to
City Code Chapter 11, Sections 11.30 and 11.60 regarding amusement devices and direct the City Attorney to
publish the ordinance amendment summary. Aye: 5 Nay: 0
NEW BUSINESS
APPROVE AN AMENDMENT TO THE 2012 PARK SYSTEMS DEVELOPMENT AND RENEWAL
& REPLACEMENT FUND BUDGET TO INCLUDE THE ADDITION OF AN OFF LEASH DOG
AREA AT THRESHER FIELDS
City Administrator Hedges introduced the item regarding an amendment to the 2012 Park Systems
Development and Renewal & Replacement Fund Budget by $45,000 to include the addition of an off -leash
dog area. Director of Parks and Recreation Johnson discussed the amendment of the budget of $45,000 and
the review of three potential park sites for the off -leash area; noting the Thresher Fields location as the most
compatible site.
Pierre Lippert of 1871 Michael Point Drive commented in favor of the off -leash park.
It was noted, if approved, the proposal would go back to the Parks and Recreation Commission to develop
rules and regulations for the park.
There was discussion by the Council regarding costs for the project, waste removal, permitting fees and
volunteers to help maintain the park.
Councilmember Fields moved, Councilmember Bakken seconded a motion to amend the 2012 Park Systems
Development and Renewal & Replacement Fund Budget by $45,000 to include the addition of an Off -Leash
Dog Area (OLDA) and direct staff to complete a detailed analysis of Thresher Fields for the development of an
OLDA and prepare draft rules and policies for APrC review and recommendation to the City Council. Aye: 5
Nay: 0
DIRECT PREPARATION OF CITY ORDINANCE AMENDMENT TO CHAPTER 10 RELATIVE
TO ALLOWING DOGS TO BE OFF -LEASH IN AN OFF LEASH DOG AREA
City Administrator Hedges introduced the item regarding the preparation of a City ordinance amendment to
allow dogs to be off -leash in an off leash -dog area.
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City Council Meeting Minutes
February 21, 2012
7 page
Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct the City Attorney to
prepare an ordinance amendment to Chapter 10 so as to allow dogs to be off -leash in a designated off -leash
area of a City park. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION — CEDAR
VALLEY ADDITION / CEDAR VALLEY CHURCH
City Administrator Hedges introduced the item regarding the preliminary subdivision and planned development for
property relating to the Cedar Valley Church property. City Planner Ridley gave a staff report and discussed the
request of creating two lots and a second building on property located at 2024 Rahn Way.
Randy Hedlund, representing Cedar Valley Church was present and asked questions of the Council and staff
regarding the extension of utilities, conveying property, street improvements and platting. He further discussed
future desire of the applicant relative to development and subdivision of the property.
Director of Public Works Colbert discussed the process for the extension of utilities. There was further discussion
by Council regarding public policy issues on platting and state statutes relative to the subdivision of property.
Mr. Hedlund agreed that action on the items should be continued to allow more time for him to consult with his
client.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue the Planed Development
Amendment and Preliminary Subdivision for property located at 2024 Rahn Way, Cedar Valley Church, to the
March 20, 2012 regular City Council meeting. Aye: 5 Nay: 0
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items at this time.
ADMINISTRATIVE AGENDA
There were no items at this time.
VISITORS TO BE HEARD
There were no visitors to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:45 p.m.
Aye: 5 Nay: 0
Date
Mayor
City Clerk
l)
Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1.
ACTION TO BE CONSIDERED:
Accept the resignation of Mary O'Brien, Administrative Secretary, and authorize her replacement.
FACTS:
Mary is retiring as of March 22, 2012 after 14 years of service.
Item 2.
ACTION TO BE CONSIDERED:
Approve the hiring of Alison Burnstein for the Patrol Officer position in the Police Department.
FACTS:
• The City Council previously approved to fill this position on October 18, 2011.
Item 3.
ACTION TO BE CONSIDERED:
Approve the hiring of Thomas C. Schellinger for the Fire Inspector position in the Fire
Department.
FACTS:
• The City Council previously approved to fill this position on January 17, 2012.
• TC Schellinger is a current volunteer firefighter/ Temporary Fire Inspector with the Eagan
Fire Department.
i \
Item 4.
ACTION TO BE CONSIDERED:
Authorize hiring of Executive Recruiter, Brimeyer Fursman to assist with the recruitment and
screening of Public Works Director candidates.
FACTS:
• The current Public Works Director has announced his retirement. In an effort to replace
the position, an executive recruiter has been identified to assist with certain components
of the recruitment process. These activities include;
o Prepare a position profile to be used in recruiting efforts.
o Conduct a local recruiting effort to encourage qualified applicants to apply for the
position.
o Serve as the confidential, main point of contact for applicants interested in learning
more about the position
o Collect all applications on the City's behalf.
o Screen the applications using a scoring matrix provided by the City.
o Provide a recommendation to the City on an identified number of candidates to
initially interview.
• Brimeyer Fursman Executive Search bid the project at $3,800 plus advertising, mileage
and copy costs. There were two other firms responding to the City's request; both of
which bid an inclusive package of $8,000 and $10,000, respectively. Executive
recruitment costs are included in the Human Resources Department's recruitment budget.
Item 5.
ACTION TO BE CONSIDERED:
Approve the hiring of Seasonal Employees in Parks & Recreation:
Name Division Job Title
Community
Jennifer Fenton Center Guest Services Representative
Item 6.
ACTION TO BE CONSIDERED:
Approve separation agreement with Pam Schiller, Fire Administration Secretary.
13
FACTS:
• The City and Ms. Schiller entered into a separation agreement.
• Per City policy, Ms. Schiller will receive severance and other benefits in a similar fashion as
any other City employee who experiences a separation of employment from the City. The
City will contribute the Employer premium contribution to health insurance through June
2012.
• The full agreement is available for review in the City Administrator's Office.
INFORMATIVES:
Temporary GIS Technician/ Operations Support Specialist named: Aaron Menza
• City Council approved hiring for this position on February 21, 2012.
�y-
Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated February 16, 2012 and February 23, 2012 as presented.
ATTACHMENTS:
• Check registers dated February 16, 2012 and February 23, 2012 are enclosed without
page number.
/6—
Agenda Memo
March 6th 2012
Regular City Council Meeting
D. RESOLUTIONS ACCEPTING DONATIONS FROM TWO CITIZENS OF
$125 FOR THE FIRE DEPARTMENT
To approve a resolution accepting a donation from two citizens of $125 for the Fire
Department.
ACTION TO BE CONSIDERED:
To approve a resolution accepting a donation from two citizens of $125 for the Fire
Department and approve the related General Fund budget adjustment increasing donation
revenue and the Fire Department capital expenditures in the same amount.
FACTS:
• Retired Firefighter David Feterl passed away in January of 2012.
• Two citizens sent in cash donations to the Fire Department in memory of
Dave Feterl.
• The Fire Department would like to accept these donations and use them
towards equipment.
• The donated funds will be placed in the department's operating budget for
equipment.
• A thank you letter will be sent to both groups from the Fire Department.
ATTACHMENTS:
Resolutions attached on pages 17 through g .
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF EAGAN,
DAKOTA COUNTY, MINNESOTA
A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly
held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on March 6th, 2011, at
6:30 p.m.
The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley.
* * *
Member introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN
WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the
costs to the general public of providing services in Eagan; and
WHEREAS, Paul and Mary Anderson have offered to donate $100 for use by the City of Eagan Fire
Department; and
WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution approved by two- thirds of the members of the
City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County,
Minnesota, that the donation is hereby accepted for use by the City;
BE IT FURTHER RESOLVED, that the City sincerely thanks Paul and Mary Anderson for the
gracious and generous donation.
ADOPTED this 6 day of March, 2012
Mike Maguire, Mayor
ATTEST:
Christina Scipioni, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon the vote being taken thereon, the following voted in favor:
; and the following voted against the same:
WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor
and his signature attested by the City Clerk.
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF EAGAN,
DAKOTA COUNTY, MINNESOTA
A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly
held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on March 6th, 2011, at
6:30 p.m.
The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley.
* * *
Member introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN
WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the
costs to the general public of providing services in Eagan; and
WHEREAS, The Hockings Law Office has offered to donate $25 for use by the City of Eagan Fire
Department; and
WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution approved by two- thirds of the members of the
City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County,
Minnesota, that the donation is hereby accepted for use by the City;
BE IT FURTHER RESOLVED, that the City sincerely thank the Hockings Law Office for the
gracious and generous donation.
ADOPTED this 6 day of March, 2012
Mike Maguire, Mayor
ATTEST:
Christina Scipioni, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon the vote being taken thereon, the following voted in favor:
; and the following voted against the same:
WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor
and his signature attested by the City Clerk.
ig
Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
E. PROJECT 1054, ULTRA -HIGH PRESSURE ZONE
- WATER SYSTEM MODIFICATIONS
ACTION TO BE CONSIDERED: Receive the Feasibility Report for Project 1054 (Ultra -
High Pressure Zone — Water System Modifications) and schedule a Public Hearing to be
held on April 3, 2012.
FACTS:
• The City's water distribution system has been divided into 3 main pressure zones (Low,
Intermediate and High) to meet the Department of Health and Ten State Standards. The
operating pressures in these 3 zones are maintained through a combination of elevated
reservoirs and municipal booster stations (to the High Zone) and/or pressure reducing
stations (to the Low Zone). However, there are small pockets of development at the
highest elevations in the High Pressure Zone whose pressures are near the lower limits
of these Standards. These locations are in the Safari Estates, Fairway Hills and Parkcliff
neighborhoods.
• Certain properties within these neighborhoods had to have an additional in -home booster
pump installed to provide the added pressure to meet these standards. These in -home
booster pumps tend to be unreliable and difficult to maintain.
• The City's Comprehensive Water Supply and Distribution Plan of 1996 first identified
the need to create an Ultra -High Water Pressure Zone in the Fairway Hills/Parkcliff
neighborhoods as part of the ultimate Water Distribution system build out. It was
reaffirmed in the most recent 2008 Comp Plan update approved by Council on January
20, 2009. This proposed improvement has also been subsequently included in the City's
approved 5 Year Capital Improvement Plans since 2006 and was last programmed for
2011. Part of the required future watermain modifications were completed prior to the
street rehabilitation improvement for Fairway Hills in 2011.
• On February 21, 2012, the City Council directed the preparation of a detailed Feasibility
Report to further investigate the scope, benefit, cost, schedule and financing associated
with creating this Ultra -High Water Pressure Zone in the water distribution system. This
report has now been completed and is being presented to the City Council for
consideration of scheduling a public hearing to present the information to the affected
property owners and receive any pertinent comments. An informational neighborhood
meeting will also be scheduled prior to the Public Hearing to provide greater
opportunities for affected property owners to learn more about this project.
ATTACHMENTS:
• Draft Feasibility Report (yellow copies), attached without page numbers.
/9
Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
F. REQUEST MUNICIPAL STATE AID ROUTE DESIGNATION
ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota
Commissioner of Transportation's approval to add another street segment to the City's
Municipal State Aid roadway system.
FACTS:
• The Municipal State Aid (MSA) designation of a street enables the maintenance of an
existing street and the construction of a new street to be financed by the City's portion
of the gas tax revenue distributed by the State. Only 20% of the city's local street
mileage is eligible for this designation. Of the 47.39 miles allowed in Eagan, only
47.03 miles are so designated. The difference of 0.36 miles is available for
designating another segment onto the system.
• The proposed MSA designation of Promenade Avenue, from Yankee Doodle Road to
Northwoods Parkway (0.35 miles), is eligible and desirable to optimize the City's
share of MSA funding.
• After the addition of this segment to the City's MSA system, a total of 0.01 miles will
remain available for future designation within the City.
ATTACHMENTS:
• MSA Street Designation Map, pagep. .
.b
City of Eagan
RI Municipal State Aid Streets
2012 Requested Revisions
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Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
H. CONTRACT 11 -03, DEERWOOD WATER RESERVOIR
ACTION TO BE CONSIDERED: Approve the final payment for Contract 11 -03 (Deerwood
Reservoir Repainting) in the amount of $78,166.49 to Classic Protective Coatings and accept the
improvements for perpetual City maintenance subject to warranty provisions.
FACTS:
• Contract 11 -03 provided for the full interior and exterior reconditioning and repainting of
the Deerwood Water Reservoir, a 4 million gallon water storage tank located in the
southeast corner of Deerwood Drive and I -35E. This reservoir was originally built in 1995.
• These improvements have been completed, inspected by representatives of the Public Works
Department, and found to be in order for favorable Council action of final payment and
acceptance for perpetual maintenance subject to warranty provisions.
as
Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
I. PROJECT 1086, PILOT KNOB ROAD/WESOTT ROAD &
LEXINGTON AVENUE/ NORTHWOOD PKWY/NEIL ARMSTRONG BLVD
ENGINEERING & CONSTRUCTION AGREEMENT
ACTION TO BE CONSIDERED: Approve an Engineering and Construction Agreement for Project
1086, Pilot Knob Road at Wescott Road and Lexington Avenue at Northwood Parkway/Neil Armstrong
Boulevard (Flashing Yellow Arrows - Traffic Signal Improvements) with Dakota County and authorize
the Mayor and City Clerk to execute all related documents.
FACTS:
• In May, 2010, the Dakota County Transportation Department installed flashing yellow arrow signals
at two intersections with existing traffic control signals along Yankee Doodle Road (County State Aid
Highway 28) with Blue Cross Road and Coachman Road. The installations were the first for Dakota
County. Again in the summer of 2011, additional flashing yellow arrow signals were installed at
three more intersections by Dakota County; on Lexington Avenue (County State Aid Highway 43) at
Duckwood Drive and Wescott Road, and at Yankee Doodle Road at Central Parkway /Federal Drive.
• A flashing yellow arrow on a traffic control signal indicates that left turns may proceed with caution
after yielding to oncoming traffic (similar to a Left Turn Yield on a "Green Ball "). There are more
opportunities to make a left turn with the flashing yellow left -turn arrow than with the traditional
three phase red/yellow /green arrow.
• Flashing yellow arrow signals have been shown to help drivers make fewer mistakes. They keep
motorists safer during heavy traffic and reduce delays when traffic is light. National studies have
demonstrated that drivers find flashing yellow left -turn arrows more understandable than traditional
yield -on -green indications (individual traffic signal lights).
• Observation of the operation of these intersections over the past two years by both City and County
staff has indicated positive results for the use of the flashing yellow arrows. The significant reduction
in delays through the use of the flashing yellow arrows with consistency in the safety for the traveling
public has proven to be very desirable for enhancing the Level of Service (LOS) at these
intersections.
• Project 1086 proposes the installation of flashing yellow signals at the intersections of Pilot Knob
Road at Wescott Road and Lexington Avenue at Northwood Parkway/Neil Armstrong Boulevard.
All of these improvements have been combined to achieve an economy of scale benefit in design and
construction costs. The estimated cost is $50,000 per intersection.
• The flashing yellow arrow signal modifications at these two intersections were not programmed for
2012 in the City of Eagan's 5 -Year CIP (2012 -2016) because the County did not have these
improvements programmed at that time. The Intersection Improvements section of the 2012 CIP does
include $300,000 for a roundabout at Denmark Avenue and Clubview Drive that has since been
deleted as a result of detailed studies indicating that it is not warranted at this time.
• An agreement between the City of Eagan and the Dakota County Transportation Department has been
prepared providing for each agency's cost responsibility for the engineering and construction. As set
forth in the agreement, the City's financial responsibility for the engineering costs will be based on
the City's share of the final construction costs.
• The typical cost participation for these type of traffic signal improvements are shared 50% by the
County and 50% by the City. The City's $50,000 total cost would be the responsibility of the Major
Street Fund.
• Public Works staff have reviewed this agreement and found it to be similar to other previous
construction project agreements and in order for favorable Council action.
�3
Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
J. CONTRACT 12 -02, CITYWIDE STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 12 -02 (Citywide
Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on
Thursday, April 12, 2012.
FACTS:
• Contract 12 -02 provides for the street improvements of:
o Highview Acres (City Project 1057)
o Oslund Timberline (Pine Ridge Drive, Project 1058)
o Tesseract Place (Project 1060)
o S & W Industrial Acres (Sibley Court, Project 1061)
o Kings Wood/ Cutters Ridge/ Sherwood Downs (Project 1062)
o Chatterton Ponds (Project 1063)
o Hills of Stonebridge 1st- 2nd (Project 1064)
o Coventry Pass 1s` -2n / Country Hollow (Project 1066)
o Hawthorne Woods (Project 1067)
o Lexington Pointe 1s` -2n (Project 1068)
o Cliff Ridge (Project 1069)
o Oak Chase 4 (Oak Chase Circle, Project 1070)
o Signal Point/ Knob Hill Professional Park (Project 1071)
o Boulder Ridge (Heine Court, Project 1072)
o Great Oaks Lane/ Great Oaks Circle (Project 1075)
as outlined and discussed in the respective feasibility reports for each project.
• On January 3, 2012, the City Council held public hearings for Projects 1060, 1061 & 1076.
On January 17, 2012, the City Council held public hearings for Projects 1057, 1058, 1062, & 1073.
On February 8, 2012, the City Council held public hearings for Projects 1063, 1064, 1067 & 1068.
On February 21, 2012, the City Council held public hearings for Projects 1066, 1069, 1070, 1071,
1072 & 1075. After public testimony, the Council approved all projects and authorized preparation
of detailed plans and specifications for 2012 construction.
• These projects are being combined under one contract for economies of scale in the competitive
bidding process. The plans and specifications have been completed by the City Engineer and are
being presented to the City Council for their approval and authorization for the advertisement of
bids.
• On March 18, 2008, the City Council adopted, as a standard practice, the Best Value Contracting
(BVC) method for the procurement method of public improvement projects in the City using price
and performance as evaluating criteria for consideration of contract award. The BVC method of
procurement has been successfully used for numerous previous street & utility improvement
contracts since 2008.
°It
Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
K. CONTRACT 12 -05, INFLOW & INFILTRATION MITIGATION
CITY -WIDE SANITARY SEWER IMPORVEMENTS
ACTION TO BE CONSIDERED: Award Contract 12 -05 (Inflow & Infiltration Mitigation -
City-Wide Sanitary Sewer Improvements) to G.F. Jedlicki Inc. for the base bid in the amount of
$82,535.00 and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• Contract No. 12 -05 provides for the raising of manhole structures above high water elevations
and installing water tight seals on other manholes in low lying areas around lakes, ponds,
wetlands and in highway ditches (121 total). The City has made improvements to the sanitary
sewer system over the past five years to mitigate the effects of inflow and infiltration.
• On March 15, 2011, the City Council approved an agreement with the Metropolitan Council
for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant Program. The
agreement qualified Eagan for approximately $180,357.94 of matching funds for capital
improvements to the public sanitary sewer system to reduce the amount of inflow and
infiltration to the metropolitan sewer (MCES) disposal system. The identified improvements
must be completed by Sept. 30, 2012.
• The proposed inflow and infiltration mitigation improvements are in accordance with the
agreement for the grant program. The City is responsible to complete all of the referenced
work and submit proof of completion for reimbursement from MCES.
• All of the construction activity for said improvements has been designed to occur within
existing public right -of -way or easements.
ATTACHMENTS:
• Bid Summary, pagegol((:) .
BID SUMMARY
CITY CONTRACT 12 -05
2012 INFLOW & INFILTRATION MITIGATION —
CITY-WIDE SANITARY SEWER
IMPROVEMENTS
CITY PROJECT NO. 1087
CITY CONTRACT NO. 12 -05
Bid Date/ Time: 11:00 a.m., Friday, March 2, 2012
Engineer's Estimate: $122,000.00
Over /Under
Contractors Total Base Bid Engineer's Estimate
1. G.F. Jedlicki Inc. $82,535.00 -32%
2. BCM Construction, Inc. $97,050.00 -20%
3. Minger Construction $102,500.00 -16%
4. Penn Contracting, Inc. $107,960.00 -11%
5. Northdale Construction Company, Inc. $126,570.23 +4%
6. Midwest Asphalt Corporation $130,860.00 +7%
7. McNamara Contracting $138,275.00 +13%
G:Current Council Items /12 -05 /Bid Summary Results
atp
Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
L. CONTRACT 12 -06, OUTLET MODIFICATIONS & POND SEDIMENT REMOVAL
WATER QUALITY /STORM SEWER IMPROVEMENTS
ACTION TO BE CONSIDERED: Award Contract 12 -06 (Outlet Modifications and Pond
Sediment Removal — Water Quality /Storm Sewer Drainage Improvements) to G.F Jedlicki, Inc.,
for the Base Bid and Alternate Bid 1A in the amount of $190,584.67 and authorize the Mayor
and City Clerk to execute all related documents.
FACTS:
• Contract 12 -06 provides for the removal of sediment collected in storm water ponds
connected to the City's storm sewer drainage system for water quality benefits, as
programmed for 2012 in the City's 5 -Year Capital Improvement Program (2012- 2016).
• Routine inspections of the storm sewer drainage system, including storm water ponds, are
required as part of the City's Municipal Separate Storm Sewer System (MS4) permit. Most,
if not all, of the storm water ponds or sediment basins were constructed in accordance with a
design based upon a required removal rate for Total Suspended Solids (TSS) and the
pollutants associated with them. The productivity of the removal rates decrease as these
ponds perform the job they were constructed to do.
• In order to enable the ponds to function at levels more comparable to their initial removal
rate designs, removal of the sediment the ponds have been collecting, as they have been
removing TSS from the storm water drainage, is required. Modifications to outlet structures
will also be completed where the modifications will enhance water quality treatment.
• The Council's approved 5 -Year CIP (2012 -2016) estimate for the projects associated with
this contract was $300,000.
• On March 18, 2008, the Council approved the use of best -value solicitation of bids, as
allowed by State statutes, providing for the consideration of bidders expected performance in
relation to their submitted bid. At 10:30 a.m. on February 28, technical performance
proposals from each bidder were received for this project. At 10:30 a.m. on March 2, formal
bids from each bidder were received for this project.
• All bids have been reviewed for compliance with the bid specifications and accuracy on unit
price extensions and summations. The base bid and alternate bid from G.F Jedlicki have been
reviewed by the Engineering Division to provide the best value and are in order for favorable
Council action. The cost of the work under the contract will be the responsibility of the
City's Water Quality Renewal & Replacement Fund.
ATTACHMENTS:
• Bid Summary, paged S
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Consent Agenda Information Memo
March 6, 2012 Eagan City Council Meeting
M. COACHMAN OAKS HOUSING IMPROVEMENT AREA — CITY OF
EAGAN
ACTION TO BE CONSIDERED:
APPROVE a resolution confirming that certain properties should be included within
the Housing Improvement Area and be subjected to the fee imposed in the Ordinance
adopted by the City.
FACTS:
➢ The owners of the Coachman Oaks Condominiums requested that the City establish a
Housing Improvement Area to finance the estimated cost of improvements of $1,583,000.
Capitalized interest, administrative costs, etc., raise the required bond issue (debt) to
$1,660,000.
➢ A city may create a Housing Improvement Area to finance improvements to the common
areas of condo and townhome associations when other financing cannot be obtained.
This financing mechanism was adopted by the state legislature due to the inability of
homeowner associations to readily obtain financing because they have very little
collateral and cannot mortgage individual's units.
➢ Within a Housing Improvement Area, the City may finance housing improvements and
recover the cost by assessing fees, much like special assessments. The fees are assessed
against each unit, and appear on the property tax statement to be paid by the individual
homeowners with their taxes.
➢ On January 3, 2012, the City approved an Ordinance establishing the Coachman Oaks
Housing Improvement Area; approved a resolution imposing the fees on housing units
within the Coachman Oaks Housing Improvement Area to finance the improvements; and
also approved the Development Agreement between the City and the Association.
➢ As required by Minn. Stat. § 428A.18, copies of the Ordinance and Resolution were
mailed to the affected property owners within the Coachman Oaks Area. Under this
statute, the residents had an opportunity to veto the Ordinance if, within 45 days after the
Ordinance was adopted, 45% or more of the housing units subject to the fee filed an
objection to the Ordinance.
➢ The 45 days have passed and the City received objections from 42% of the housing units
in the area subject to the fee. As such, the veto was not successful.
O� 1
D Under Minn. Stat. § 428A.13, the residents that are subject to the fee could provide a
written objection to the City Council requesting that their property not be included in the
area and not be subject to a fee. Under this same statute, the City must make a
determination of the validity of the objection. The following six property owners filed a
Notice of Objection requesting that the property not be included within the area and not
be subject to the fee:
Ken Arneson — 1700 Four Oaks Rd #331
Dolores Funk —1700 Four Oaks Rd #123
Tom Peterson — 3155 Coachman Rd #465
Nancy Heinzen —1700 Four Oaks Rd #339
Leah Samuels — 1700 Four Oaks Rd #322
Frank Gaudin — 3155 Coachman Rd # 407
➢ The City Council should consider the attached Resolution denying the property owners'
request to be excluded from the Housing Improvement Area.
D Under statute, any aggrieved party may appeal the Council's decision to the Dakota
County District Court.
D All items are in order to be approved at this time.
ATTACHMENTS: (1)
Resolution on pages 3) throughs
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF EAGAN,
DAKOTA COUNTY, MINNESOTA
A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota
was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on
March 6, 2012, at 6:30 p.m.
The following members were present: Maguire, Bakken, Hansen, Fields and Tilley; and
the following were absent: none.
* * *
Member introduced the following resolution and moved its adoption:
RESOLUTION DENYING CERTAIN PROPERTY OWNERS'
REQUESTS TO BE EXCLUDED FROM THE COACHMAN OAKS
HOUSING IMPROVEMENT AREA
WHEREAS, the City of Eagan is authorized under Minn. Stat. §§ 428A.11 to 428A.21
(the "Act ") to establish by resolution a housing improvement area where housing improvements
are made or constructed and the cost of the improvements are paid in whole or in part from fees
imposed within the area; and
WHEREAS, the City Council has determined a need to establish the Coachman Oaks
Housing Improvement Area in order to facilitate certain improvements to property commonly
known as "The Coachman Oaks Condominiums" all in accordance with the City's Housing
Improvement Area Policy; and
WHEREAS, the City held the necessary public hearings and received background and
testimony regarding the need for the Coachman Oaks Housing Improvement Area; and
WHEREAS, the following individuals objected to their inclusion within the Coachman
Oaks Housing Improvement Area and further objected that their property should be subject to
any fee:
Ken Arneson — 1700 Four Oaks Rd #331
Dolores Funk — 1700 Four Oaks Rd #123
Tom Peterson — 3155 Coachman Rd #465
Nancy Heinzen — 1700 Four Oaks Rd #339
Leah Samuels — 1700 Four Oaks Rd #322
Frank Gaudin — 3155 Coachman Rd # 407
(the "Objecting Properties "); and
3'
WHEREAS, the City believes that the Objecting Properties will benefit from the
proposed Housing Improvements and should be subject to the housing improvement fee.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan,
Dakota County, Minnesota, that the following Objecting Properties shall be included within the
Coachman Oaks Housing Improvement Area and shall be subject to the fee as previously
approved by the City:
Ken Arneson —1700 Four Oaks Rd #331
Dolores Funk —1700 Four Oaks Rd #123
Tom Peterson — 3155 Coachman Rd #465
Nancy Heinzen —1700 Four Oaks Rd #339
Leah Samuels —1700 Four Oaks Rd #322
Frank Gaudin — 3155 Coachman Rd # 407
ADOPTED this day of , 2012.
Mike Maguire
ATTEST:
Christina M. Scipioni, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon vote being taken thereon, the following voted in favor:
Maguire, Bakken, Hansen, Fields and Tilley; and the following voted against the same: none.
WHEREUPON, said resolution was declared duly passed and adopted and was signed by
the Mayor and his signature attested by the City Clerk.
Agenda Information Memo
March 6, 2012, Eagan City Council Meeting
V. PUBLIC HEARINGS
A. VARIANCE — TED ANDERSON (3105 SIBLEY MEMORIAL HWY.)
ACTION TO BE CONSIDERED:
To approve the following Variance requests (or direct preparation of Findings of Fact for
denial):
1) a reduced number of parking stalls;
2) reduced parking stall sizes and drive aisle widths;
3) reduced parking and pavement setbacks; and
4) a reduction in required green space from 25% to 23.8 %.
If approved, the conditions listed in the staff report shall apply.
To approve a Variance (or direct preparation of Findings of Fact for denial) to allow zero side
yard setback for the existing satellite dish and trash enclosure over the west side lot line, for
property located at 3105 Sibley Memorial Hwy. If approved, the conditions listed in the staff
report shall apply.
To approve a Variance (or direct preparation of Findings of Fact for denial) to Section 11.70,
Subd. 12 of the City Code pertaining to parking lot landscape screening requirements from
public rights -of -way for property located at 3105 Sibley Memorial Hwy. If approved, the
conditions listed in the staff report shall apply.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
➢ This item was before the Council on February 8, 2012 and was continued to the
March 6, 2012 meeting with no discussion.
➢ The Applicant is proposing multiple Variances in response to enforcement action taken
by the City.
➢ The structure was built as a single family home in the early 1950's and multiple additions
were added over the years. From the earliest City records, the property has always been
zoned Industrial, resulting in the home being a non - conforming use for decades.
➢ The non - conforming residential use has now been discontinued, and the present
office /commercial use conforms with I -1, Limited Industrial, zoning.
➢ The Applicant is separately working with Building Inspections to obtain Building Permits
for modifications to the residential building to bring it into compliance with applicable
Building Codes and obtain a Certificate of Occupancy for the current commercial use.
➢ The proposed Variances concern site improvements related to the business use of the
property and pertain to parking, setbacks, green space, and landscaping.
53
> The Applicant has attempted to correct noncompliant items where possible, and is
proposing a package of Variance requests to address those items where practical
difficulties make full compliance difficult to achieve.
> In connection with the proposed Variances, the Applicant is proposing additional
corrections to comply with certain City Code provisions such as installation of curb and
mechanical screening, and removing pavement encroachments onto adjacent properties.
These corrections should be made regardless of whether the proposed Variances are
approved.
> The Applicant has been negotiating an easement from the neighboring property
owner to the west for existing encroachments, landscaping and snow storage and
believes this easement will meet the intent of the ordinance. As of this writing, such
easement has not been signed and executed. The easement is expected to be fully
executed before the March 6 Council meeting.
ISSUES:
> The applicant is proposing encroachments of certain improvements onto adjacent
property. The City Attorney has advised that the City may not, through a zoning request,
allow an encroachment on private property. The City can approve a zero setback and
leave the issue of encroachment among the property owners.
60 -DAY AGENCY ACTION DEADLINE: March 18, 2012
ATTACHMENTS: (2)
Location Map, pages
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Project Name: Ted Anderson 12 - 11
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Request: Var iance l e nd
Case Nos.: 08- VA- 04 -
2.�r�5 et
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Parcels /\
Parks /
Buildings N
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City of Eaall
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: February 2, 2012 CASE: 08- VA- 04 -12 -11
APPLICANT: Ted Anderson HEARING DATE: February 8, 2012
PROPERTY OWNER: Ted Anderson APPLICATION DATE: January 18, 2012
REQUEST: Variance PREPARED BY: Pamela Dudziak
LOCATION: 3105 Sibley Memorial Hwy.
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I -1, Limited Industrial
SUMMARY OF REQUEST
The Applicant is requesting approval of several Variances pertaining to site improvements upon
property located at 3105 Sibley Memorial Hwy. as follows:
1) Reduced number of required parking stalls;
2) Reduced parking stall sizes and drive aisle depths;
3) Reduced parking lot setbacks from 5' to between zero and 0.5 feet;
4) Zero setbacks to allow encroachments of satellite dish and trash enclosure over the west
side lot line;
5) Reduced green space from 25% to 23.8 %; and
6) Relief from parking lot landscape screening requirements.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve,
approve with conditions or deny a request for a variance. In considering all requests for a
variance, and whether the applicant established that there are practical difficulties in complying
with the provisions(s) of this Chapter, the City Council shall consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owner of property has no
control.
Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.)
February 8, 2012
Page 2
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. The exceptional or extraordinary circumstances do not result from the actions of the
applicant.
d. The granting of the variance will not confer on the applicant any special privilege that is
denied by this Chapter to owners of other lands, structures or buildings in the same
district.
e. The variance requested is the minimum variance which would alleviate the practical
difficulties.
f. The variance would not be materially detrimental to the purposes of this Code or to
properties in the same zone.
g. The property for which the variance is requested is otherwise in compliance with the City
Code.
The ordinance also states "A variance will be denied when it is not in harmony with the general
purposes and intent of the zoning provisions of this Code or when the variance is inconsistent
with the comprehensive plan. Any condition imposed upon the approved variance must be
directly related to and must bear a rough proportionality to the impact created by the variance."
CODE REQUIREMENTS
City Code Section 11.70, Subd. 5.L establishes minimum off - street parking requirements for
various uses.
• For office uses, the ratio is one stall for each 150 s.f. of net leaseable area.
City Code Section 11.70 Subd. 7 establishes minimum dimensions for off - street parking stalls
and driving aisles. Minimum parking stall size = 10' x 19'; minimum drive aisle width = 24' for
two -way movement.
• City Code Section 11.70 Subd. 8 establishes minimum setbacks for parking lots and
pavement. Minimum parking/pavement setback from public right -of -way = 20'
• Minimum parking/pavement setback for side /rear yards abutting I -1 property = 5'
City Code Section 11.60 Subd. 14. Establishes bulk standards for development in the I -1 zoning
district including minimum required setbacks for structures and minimum green space ratio
• I -1 zoning requires a minimum side yard setback for principal and accessory structures
(includes trash enclosure and satellite dish) of 20'
• Minimum green space required in I -1 zoning = 25%
31
Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.)
February 8, 2012
Page 3
City Code Section 11.70, Subd. 26.D. establishes placement and setback requirements for free-
standing satellite dishes.
• Part 3 states "Satellite dishes and any accessory equipment enclosures shall meet the
setback requirements for accessory structures as set forth in this chapter of the Code."
See above — a minimum side yard setback of 20' applies to the satellite dish in the I -1
zoning district.
City Code Section 11.70 Subd. 12.F.2 requires landscaping of commercial/industrial and multi-
family residential developments.
• The landscape ordinance requires screening and buffering between parking and public
rights -of -way to achieve 75% opacity to a year around at maturity.
BACKGROUND /HISTORY
The structure was initially constructed as a single - family home in 1952. The earliest zoning
maps on record indicate the property has been zoned for industrial use since the early 1960's.
These Variance requests arise from an enforcement action and are an attempt to bring the site
into compliance where modifications to the property are infeasible or would create a practical
difficulty.
The Applicant acquired the property early in 2006 and established the commercial use as the
principal use of the property. At the same time as the City was reconstructing Meadowview
Road and Alexander Roads in the Summer of 2006, the Applicant obtained a grading permit for
the grading and installation of pavement on the property to create parking areas for employees.
No Site Plan was provided and because no building permit or zoning request such as a
Conditional Use Permit was involved, the plans were not reviewed by Planning for zoning
compliance.
In 2009, Inspections received a complaint about the property and upon further investigation, it
came to our attention that not only had the occupancy use of the building been changed from
residential to commercial, but that site improvements had been made that did not meet
performance standards of the City's Zoning Ordinance.
After several attempts at gaining compliance over many months, the City filed a civil action
against the property owner in 2011. Making application for any necessary Variances to rectify
the zoning violations is one of the steps necessary toward achieving compliance and avoiding
further legal action. The Applicant has simultaneously made application for a Building Permit to
identify and make modifications to the building to bring it into compliance with applicable
Building and Fire Codes for the commercial occupancy use.
Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.)
February 8, 2012
Page 4
EXISTING CONDITIONS
The property consists of approximately
0.89 acres and has public street frontage to
both the north and south. The lot abuts
Meadowview Road to the north. To the ,,
south, approximately 25' of frontage on*°* 1-14"'.4
the southwest corner abuts the right -of- k , ; � } R
way for Alexander Road. The remainder 1.-4
of the southern parcel boundary abuts the t r =. r r == '
adjacent lot to the east which extends f' �° = �:
between the subject site and Alexander ,
Road r -o -w to the south. Driveway access
Ye it , k i Y S'b
is provided to the site from both the north a y
and the south.
i4 z p.
4 ;.441" 1
The property contains an existing single- -
family home with over 9,800 SF of a
finished space which has been converted to
., 201.1.7PictQtriet
office and other commercial use. The
home is no longer being used as a residence. A substantial retaining wall was installed on the
south side of the property and smaller ones on the north side. Pavement for parking north and
west of the building has also been installed; the southern parking lot is gravel. A large ground -
mounted satellite dish was installed along the west side of the property. Some of these property
improvements extend beyond the lot boundaries and encroach upon adjacent property.
The following holdovers from the residential use remain: an in- ground swimming pool is located
in the yard area east of the building; a small shed is located southeast of the pool; and a wood
deck extends along the southeast side between the building and the pool.
PROPOSAL
The single - family residence was a non - conforming use for decades. The non - conforming
residential use has now been discontinued, and the present office /commercial use conforms with
I -1 zoning. The Applicant is separately working with Building Inspections to obtain Building
Permits for modifications to the residential building to bring it into compliance with applicable
Building Codes and obtain a Certificate of Occupancy for the current commercial use.
When the Applicant was initially contacted about the conversion of the property from a
residential to a commercial /industrial use and advised that site improvements had been done that
did not comply with zoning ordinances, the owner did make some corrections and progress
toward compliance.
39
Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.)
February 8, 2012
Page 5
In connection with the proposed Variances, the Applicant is proposing additional corrections to
comply with certain City Code provisions such as installation of curb and mechanical screening,
and removing pavement encroachments onto adjacent properties. These corrections should be
made regardless of whether the proposed Variances are approved. In addition, the Applicant
indicates he has negotiated an easement with the adjacent property owner to the west for
encroachments onto adjacent property, and use of that area for snow storage and landscaping.
However, as of the writing of this report, such easement has not been signed and executed.
The Applicant's narrative calls out the six variance requests and these Variance requests are
identified by number on the Site Plan for cross referencing to the narrative. The Variance
requests are from performance standards that the Applicant finds it difficult to satisfy by the strict
application of the ordinance.
APPLICANT'S PRACTICAL DIFFICULTIES
The Applicant's narrative indicates that the practical difficulties associated with the Variance
requests result from the initial development of the property as a single - family residence. The
residential use was non - conforming in the 1 -1 zoning district and the conversion of the principal
use from residential to business corrects that nonconformity. However, the existing structure,
swimming pool /patio, and site characteristics with regard to lot size, street frontage, and setbacks
remain -- making it difficult to fully satisfy zoning requirements for the site improvements
required to support the present business use. The Applicant's narrative also points out that while
the lot cannot be enlarged, the Applicant has attempted to rectify the functional aspects of
existing encroachments and site maintenance concerns such as landscaping and snow storage by
negotiating an easement from the neighboring property owner to the west.
EVALUATION OF REQUEST
Variance Request #1 — Reduction in required number of parking stalls. City Code requires one
stall for each 150 s.f. of net leasable area. Gross building area has been identified as 9,841 s.f.
Net leaseable space is calculated at 80% of gross building area, or 7,872 s.f. At 1 parking stall
per 150 s.f., a total of 52 parking stalls are required by City Code. The Applicant's narrative
references a 2005 calculation that put the required number of stalls at 41; that may have been
based on a smaller assumed building size. The Applicant is proposing a total of 39 parking
stalls, a shortage of 13 stalls based on current calculations.
Variance Request #2 - Reduced parking stall sizes and drive aisle width. City Code requires a
minimum parking stall size of 10' x 19'. The Applicant has identified parking stalls at 9' x 18'.
9' wide stalls have been approved elsewhere in the City for employee parking where turnover is
low. The 18' stall depth can be better accommodated with rows of single - loaded parking as is
proposed here, than with double - loaded parking. Single - loaded parking allows for bumper
overhang beyond the curb line, thus requiring less depth of the paved parking stall.
" 1"
Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.)
February 8, 2012
Page 6
Six compact parking stalls are proposed on the east end of the southern parking lot at a size of 9'
x 16'. Due to the location of the retaining wall and parcel boundary, the depth of this portion of
the property is a few feet less than on the west end. In order to maintain the full 24' of aisle
width, the full 19' stall depth cannot be met. City Code does not provide compact stall
dimensions. The 16' depth does appear to be consistent with common industry practice for
compact parking. If approved, the stalls should be signed "compact parking only."
City Code requires a 24' drive aisle width for two -way traffic. On the west side of the building, a
drive aisle width of less than 24' is requested. The angle of the building and width necessary for
accessible ramps to the building pinch the drive aisle in one location. The full 24' drive aisle
width is met along the south and west sides by reducing the side and rear pavement setbacks in
those locations to near zero. The proposal includes a related Variance request for these reduced
pavement setbacks.
-4..7.,,.,,,z, , ' ;p L , y,,,, , Variance Request #3 — Reduced parking
, 1, $tl µ 3 t, k : ; lot setbacks. City Code requires a 5 side
-.11.y '4,R$ , 1- r , and rear setback for parking. On the west
. 14 b��; i ' � `l and south sides of the property, parking
-'' �: setbacks are proposed to be reduced to
-,--
. ,. 4 between 0' and 0.5'. The reduced
setbacks are necessary to accommodate
Il sufficient parking stall depth and drive
�.
° __ •. ,-. . . aisle widths. Along the west side, the
Applicant indicates he has negotiated an
-� easement from the neighboring property
owner for purposes of parking,
V: � - • Y ' `--
" landscaping, and snow storage, among
- -, `- 4- - other things. On the south side, the
location of the retaining wall relative to the south lot line is too narrow to accommodate a full 19'
stall depth and 24'wide drive aisle without the setback variance.
Areas of pavement on the northeast and southeast corners of the lot for vehicle maneuvering in
and out of parking stalls is also proposed to be at a 0' side yard setback. On the northeast corner,
existing pavement which extends beyond the lot line onto adjacent property will be cut back to
within the property boundary. Thus, although a setback Variance is needed, that area will be
brought into greater compliance. On the southeast corner, allowing the pavement turnaround
area to extend to the property line allows an additional compact parking stall. The pavement
could be set back the full 5' from the east side lot line if the easternmost parking stall were
eliminated in this location; however, that would increase the Variance request to the required
number of parking stalls. The appropriate balance of number of stalls versus configuration of
pavement and stalls is a policy matter to be determined by City officials.
J-)
Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.)
February 8, 2012
Page 7
Variance Request #4 - Allow encroachments of satellite dish and trash enclosure over the west
side lot line. City Code requires free- standing satellite dishes to be located in a side or rear yard,
subject to accessory structure setbacks for the applicable zoning district, which in this case is 20'.
Trash enclosures may be detached in I -1 zoning district. Trash enclosures are also required to be
located in a side or rear yard and subject to principal structure setbacks, which in this case is also
20' for a side /rear yard.
The satellite dish and its concrete pad and . � ,
footings are located along the west side lot line 4"
and extend over the property line onto adjacent
property. In this area is also concrete
pavement that extends over the lot line. 41)
Whereas areas of bituminous paving are Fr '
proposed to be cut back to eliminate.
LLJ -�
encroachments, this area of concrete pavement
is proposed to remain. In consultation with the ®•� '
City Attorney, the City cannot, through a
zoning request, allow an encroachment on
private property. The City can approve a zero
setback and leave the issue of encroachment
among the property owners. The Applicant has negotiated an easement from the neighboring
property owner for the encroachment of both the pavement and satellite dish, and the applicant
believes the easement meets the intent of the ordinance. The City typically does not permit a
developer to rely on an adjacent property owned by a separate entity to meet ordinance
requirements.
The satellite dish might be able to be relocated further east within the property. In this location
on the site, the building is set back 20' from the west lot line, leaving less than 20' in which to
locate the satellite dish. This area also provides an outdoor path and walkway between the south
and north parking lots and from the south lot to the main building entrance. Thus, a relocation of
the satellite dish would need to leave sufficient unobstructed walkway in this area and would still
not fully satisfy the required 20' setback.
In considering possible relocation of the trash enclosure further east, it would result in conflicts
with the staircases and access to the tuck -under garage bay. Placement at the far east end of the
lot would make access by the trash hauler more difficult. Relocating the enclosure would also
likely result in the loss of two parking stalls and replacement of only one stall in place of the
enclosure's current placement. If this Variance is approved, the west wall of the trash enclosure
should be increased to the required minimum height of 6', constructed of a decorative masonry
material compatible in appearance and color with the existing retaining wall.
43)
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Request: Variance Legend
Case Nos.: 08- VA- 04 -12 -11 amine
N ; City Boundary
Parcels
A Parks
Buildings N
City Of Ea al 13
Current Zoning and Land Use Map
City of Eaftan
Application: Ted Anderson (3105 Sibley Mem. Hwy.)
Type: Variance
Case No.: 08- VA- 04 -12 -11
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DETAILS
Charles 2300 Minneapolis T: 612.729.5333
Levin Milwaukee Minnesota F: 612.729.8351
Architects Avenue 55404 -3150 E: mail @clevin.com
ZONING CODE — VARIANCE REQUESTS
For
3105 Sibley Memorial Highway Eagan, MN 55121
Prepared for Ted Anderson, Midas Resources, Inc.
Variance Request #1: Reduce required parking from 41 to 39 spaces.
11.70 Subdivision 5.L: Zoning code requires 1 parking space for each 150 sq. ft. of net leasable
area. Eagan Planner Shiela McCarthy established•the parking requirement at 41 in a letter • • •
dated 2/15/05.
a. Extraordinary factor is that building was constructed as a residence which had a lesser parking requirement.
Building could no longer be used as a residence. Also, ownership of property to south results in a very odd
configuration of property lines,
b. Literal interpretation is not possible due to space limitations. Although not certain, Owner of subject property
is currently negotiating for a joint parking agreement, an easement or a land purchase from a neighbor.
c. Owner did not create the problem and has taken no action to increase the problem. If anything, Owner has
improved the situation.
d. There is no special privilege; the land is the size that it is.
e. This is the minimum variance needed; there is no additional parking space available.
f. The variance is not materially detrimental to the code or others. It maximizes available parking.
g. The property will become compliant with code subject to additional variances and interpretations.
Variance Request #2: Reduce parking space sizes and drive aisles as shown on drawing
A1.0.
11.70 Subdivision 7 (Tablet: Parking spaces are specified at 10'x19' and drive aisles are
specified at 24'. Smaller sizes are requested per drawing A1.0.
a. Extraordinary factor is that building was constructed as a residence which had a lesser parking requirement.
Building could no longer be used as a residence. The topography is an obstacle to creating additional
parking
b. Literal interpretation is not possible due to space limitations. It is not uncommon to allow the requested
space sizes in other municipalities. Reductions are only requested where necessary.
c. Owner did not create the problem and has taken no action to increase the problem. The Owner would prefer
to comply with the code to the maximum extent possible.
d. There is no special privilege; the land is the size that it is. The Owner believes the requested sizes are very
workable.
e. This is the minimum variance needed; the design maximizes available space..
f. The variance is not materially detrimental to the code or others. It maximizes available parking.
g. The property will become compliant with code subject to additional variances and interpretations.
5 .9)
Variance Request #3: Reduce parking lot setbacks as shown on drawing A1.0.
11.70 Subdivision 8 (Table): Parking lot side and rear setbacks are specified as 5'. Public street
setbacks are specifed as 20'. Reduction to 6" is requested as shown on drawing A1.0.
a. Extraordinary factor is that available parking and vehicle maneuvering space is limited by existing property
size, existing site improvements and existing topography. Owner has negotiated a 25' easement with west
neighbor as follows:
AN EASEMENT for the purposes of a parking lot, satellite dish, screening and storage of Trash
Container, retaining wall, cement patio, egress, storage of snow, and landscaping on the following
described property: The Easterly Twenty -five (25) feet of Lot 1, Block 2, RL Johnson 1 SrAddition.
b. Literal interpretation would further reduce available parking /maneuvering space and cause further variance
requests regarding parking space and drive aisle size.
c. Owner did not create the problem and has taken no action to increase the problem. The Owner would prefer
to comply with the code to the maximum extent possible.
d. There is no special.privilege;.the•land is the size that it is.
e. This is the minimum variance needed; the design maximizes available space to comply with parking space
and aisle widths as much as possible.
f. The variance is not materially detrimental to the code or others. Due to existing site topography, this request
causes no hardship to adjacent neighbors.
g. The property will become compliant with code subject to additional variances and interpretations.
Variance Request #4: Allow encroachments to west as shown on drawing A1.0.
11.40 Subdivision 4.d Allow encroachment of Trash Enclosure Area and Satellite Dish into west
side setback and over west property line.
a. Extraordinary factor was that Owner did not realize property line limitations due to unusual topography of
site. Owner constructed the encroachments. To mitigate the problem, Owner has negotiated a 25' easement
with west neighbor as follows:
AN EASEMENT for the purposes of a parking lot, satellite dish, screening and storage of Trash
Container, retaining wall, cement patio, egress, storage of snow, and landscaping on the following
described property: The Easterly Twenty-five (25) feet of Lot 1, Block 2, RL Johnson ImAddition.
b. Literal interpretation would be a costly change.
c. Owner created the problem.
d. There is no special privilege; the easement meets the intent of the ordinance.
e. This is the minimum variance needed.
f. The variance is not materially detrimental considering the easement.
g. The property will become compliant with code subject to additional variances and interpretations.
Charles Levin Architects for Midas Resources Paget of 3 12/13/11
I -
Variance Request #5: Reduce required Green Space from 25% to 23.8 %.
11.60 Subdivision 14.e Reduce
a. Extraordinary factor is that site size is limited, paved parking is required and the yard has an existing pool
and surrounding concrete patio.
b. Literal interpretation would be a costly change requiring Owner to demolish existing serviceable
construction.
c. Owner did create the problem by trying to comply with parking requirements, but could comply with a
reduction In required drive aisle space.
d. There is no special privilege if the pool is counted as green space or if the easement is allowed to be
counted.
e. This Is the minimum variance needed.
f. The variance Is not materially detrimental considering the easement and the unusual site configuration to the
south.
g. The property will become compliant with code subject to additional variances and.interpretatlons. •
Variance Request #6: Relief from requirement for Parking Lot Landscape Screening
11.70 Subdivision 12.f.2 Landscape Screening
a. Extraordinary factor is that site was a residential use in an industrial zone.
b. Literal interpretation would hold Owner to a standard not applied to surrounding properties. It appears that
the Administrator has the power to waive this requirement under under 11.70.F.2.b
c. Owner did create the problem by trying to comply with parking requirements, but has significantly improved
the appearance of the property.
d. There is no special privilege since surrounding properties do not screen parking.
e. This is the minimum variance needed.
f. The variance is not materially detrimental considering that surrounding properties do not screen parking
g. The property will become compliant with code subject to additional variances and interpretations.
•
Charles Levin Architects for Midas Resources Page3 of 3 12/13/11
5t
Agenda Information Memo
March 6, 2012, Eagan City Council Meeting
VII. NEW BUSINESS
A. INTERIM USE PERMIT — SOWLES PROPERTIES
ACTION TO BE CONSIDERED:
To approve (OR direct preparation of Findings of Fact for Denial), an Interim Use Permit to allow
outdoor storage of equipment, materials, trailers and vehicles and a yard tower crane, associated
with a site plan on the 24 -acre site, located at 3045 Sibley Memorial Highway subject to the
conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Quorum
FACTS:
• The applicant is requesting a five -year Interim Use Permit to allow outdoor storage of a
113 -foot tall crane, miscellaneous equipment, parts, trailers, cranes, vehicles and items
related to the various businesses onsite.
➢ All storage areas are defined by a Site Plan and accompanying list of stored items.
➢ Tenant parking located in front of main building along Hwy. 13. The tower crane and
storage of crane parts and equipment are on the north and west portions of the site; truck
and vehicle storage is on south end of the site.
➢ City code requires that all off - street parking and storage areas be surfaced with a material
to control dust and drainage, some areas for the proposed storage are on a gravel
aggregate surface.
➢ Applicant has submitted a maintenance plan for the gravel areas to re- grade, clarify
boundaries and manage weeds and brush
➢ The acceptability of continued use of gravel surface in some storage areas is a policy
matter for City officials.
➢ The outdoor storage has been in use for a total of 8 years under two previous IUPs.
➢ The outdoor storage is associated with various tenants that lease space in the various
buildings.
➢ A public hearing was held on February 28, 2012 and the APC did recommend approval.
ISSUES:
➢ As reflected in the draft APC minutes, the APC discussed the appropriateness of the
Interim Use Permit vs. a Conditional Use Permit, and the appropriate term length for
the IUP.
60 -DAY AGENCY ACTION DEADLINE: March 18, 2012
ATTACHMENTS (3):
Location Map, pages 5(U hough
February 28, 2012, Draft APC minutes ageB7 through
Planning Report, page through
55
Location Map
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Project Name: Sowles Properties 2012 0 500 1,000 2,000
Request: Interim Use Permit Legend
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Advisory Planning Commission
February 28, 2012
Page 2 of 4
A. Sowles Properties 2012
Applicant Name: Sowles Propertied LTD Partnership
Location: 3045 Hwy 13; Part of Government Lot 2, Section 9, Township 27, Range 23
Application: Interim Use Permit
An Interim Use Permit to allow outdoor storage of construction equipment, materials, trailers,
and vehicles, and a113' tower crane.
File Number: 09- IN- 01 -01 -12
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated February 24, 2012. She noted the background and history and an additional
condition regarding maintaining the fire lane in Areas 2 and 4.
Applicant, Jack Romsas stated he was available for questions.
Chair Heaney opened the public hearing.
There being no public comment, Chair Heaney closed the public hearing and turned the
discussion back to the Commission.
Member Piper asked why a Conditional Use Permit wouldn't be appropriate.
City Planner Ridley explained the history of the Interim Use Permit and stated the City Council
determined that the Interim Use Permit was appropriate so that the various approved uses
would not run with the land indefinitely as it would with a Conditional Use Permit. He stated the
first three year term was more or Tess a trial run that was successful and a five year term was
granted upon renewal.
Member Dugan stated preference to the three year term for the Interim Use Permit.
Member Piper stated based on the applicant's prior history the five year term is appropriate.
Member Filipi stated a Conditional Use Permit would be more appropriate because renewal for
a five year term, resulting in a total of 13 years of this use, fails the test of the clause in the
authority for review in the staff report that "the date or event that will terminate the use can be
identified with certainty
City Planner Ridley further explained the Interim Use Permit was desirable because the tower
crane exceeds height restrictions in the zoning district and that is not something the City would
want to permit indefinitely. He further stated that the Interim Use Permit allows regular reviews
by the City to reevaluate the proposal, the surrounding area, and any complaints about the use,
to determine if it is still appropriate.
Member Supina stated concern with a Conditional Use Permit because it runs with the land and
may not work with future surrounding uses. He stated the Interim Use Permit is appropriate.
Member Filipi moved, Member Jansma seconded a motion to recommend approval of a five
year Interim Use Permit to allow outdoor storage of a 113 foot tall crane, equipment, materials,
and vehicles associated with the submitted site plan dated January 18, 2012, located at 3045
Sibley Memorial Highway, legally described as Part of Government Lot 2, Section 9, Township
27, Range 23, in the NW' /4 of Section 9, subject to the following conditions as amended:
sq
Advisory Planning Commission
February 28, 2012
Page 3 of 4
1. The Interim Use Permit shall be recorded at Dakota County Recorder's office within 60 days
of it approval by the City Council.
2. The permit shall terminate March 6, 2017 (a five -year term).
3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of
such review shall be to determine that the conditions of the permit are within compliance.
The Interim Use Permit may be revoked for failure to comply with any condition of the permit
following notice of the noncompliance and a hearing by the City Council with all interested
parties being given an opportunity to be heard.
4. If any type of aggregate surfacing 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.
5. All parking and storage areas shall be properly maintained to prevent deterioration.
6. The outdoor storage items shall be limited to what is provided for with the site plan
dated January 18, 2012.
7. The applicant shall provide enhanced security measures around the yard tower crane and
the applicant shall work with City staff to develop a plan for such additional security
measures.
8. A detailed plan for Area #6 showing the truck and trailer storage and drive aisles has
been submitted and is subject to review and approval by the Fire Department.
9. Trash receptacles shall be kept either inside the building or within an enclosure
constructed according to City Code.
10. Gravel storage areas shall be maintained consistent with the submitted Maintenance
Plan to define the storage boundaries, and remove weeds and other vegetative
growth.
11. Upon recording the Interim Use Permit, all other Interim or Conditional Use Permits
for the property shall terminate,.
12. A 20' clear drive aisle for fire and emergency access shall be maintained on the north side
of the northerly building, and along the westerly side of the building within storage area #4.
All voted in favor, Motion carried 7-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: February 21, 2012 CASE: 09- IN- 01 -01 -12
APPLICANT: Sowles Properties HEARING DATE: February 28, 2012
PROPERTY OWNER: Sowles Properties APPLICATION DATE: January 18, 2012
Limited Partnership & Valley Bldg. Products, Inc.
REQUEST: Interim Use Permit PREPARED BY: Pamela Dudziak
LOCATION: 3045 Sibley Memorial Hwy
COMPREHENSIVE PLAN: IND, Industrial
ZONING: I -1, Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval to renew a five -year Interim Use Permit to allow outdoor
storage of equipment, materials, trailers and vehicles and a yard tower crane, associated with a
site plan on the 24 -acre site, located at 3045 Sibley Memorial Highway, legally described as Part
of Government Lot 2, Section 9, Township 27, Range 23.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use
permits for an interim use of property if:
1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation
for the property site on which the use is located and the use conforms to the bulk and
performance standards of the zoning regulations herein;
2. The date or event that will terminate the use can be identified with certainty;
3. Permission of the use will not impose additional costs on the public if it is necessary for
the public to take the property in the future; and
4. The user agrees to any conditions that the Council deems appropriate for permission of
the use; and
Planning Report — Sowles IUP
February 28, 2012
Page 2
5. The use meets the standards set forth in the zoning regulations herein governing
conditional use permits.
6. The city determines that the property is in compliance with City Code.
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
8. Is appropriate after considering whether the property is in compliance with the City Code.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
(00
Planning Report — Sowles IUP
•
February 28, 2012
Page 3
BACKGROUND/HISTORY
The subject site was acquired by Sowles Properties Limited Partnership in December 2002. Prior
to that, it was occupied by Lull Industries. The main building was constructed in 1957 and it
appears outdoor storage has been part of operations at this location since the site was developed.
In 1994 a CUP was issued for Lull Industries for outdoor storage of parts and equipment related
to Lull's fork truck manufacturing operations.
In February 2004, Sowles received approval for a 3 -year Interim Use Permit for outdoor storage
of a 113 -foot tower crane, equipment, materials and vehicles at this site. In 2007, a 5 -year IUP
was requested and approved for the same use. With the current 5 -year term soon expiring, the
applicant is requesting approval of another 5 -year Interim Use Permit.
In anticipation of this application to renew the IUP, City staff conducted a site visit in September
2011 to determine compliance with the terms of the IUP. The property manager was made aware
of staff's findings. The following items are of note. No trash receptacles were observed outside,
and due to the slow economy more items are currently being stored here because fewer are out at
job sites. The unpaved storage areas were noted to have weeds and brush growing in and among
the equipment. Cages for storage of fuel tanks were found to be secure. Area 2 is identified to
extend to the north building edge, however, a 20' wide clear drive aisle should be maintained in
this area for fire and emergency access.
EXISTING CONDITIONS
The site is largely encompassed with outdoor storage of miscellaneous items which include
trucks, trailers, and cranes, fork trucks, tower sections, steel beams, etc. The existing buildings
are surrounded with various outdoor storage areas. Tenant parking is located in front of the main
building along Highway 13.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use Designation
North Park P, Park P, Park and Recreation open
space
South Industrial I -1, Limited Industrial IND, Industrial
East Hwy 13, Single R -1, Residential Single LD, Low Density residential
family residences
West Industrial and Park I -1, Limited Industrial IND, Industrial; P, Park and
P, Park Recreation Open Space
10'
Planning Report — Sowles IUP
February 28, 2012
Page 4
EVALUATION OF REQUEST
Compatibility with Surrounding Area — The site has had miscellaneous items stored outdoors for
many years. The present request is for equipment and vehicles associated with the Sowles
operation. Sowles Properties Limited Partnership includes the following affiliated companies:
Sowles Company (steel erector), Northwest Tower Cranes (crane rental and service), and Valley
Building Products, Co. (material supplier).
The yard tower crane is 113 feet tall and due to its size and profile, the tower crane cannot be
screened. The compatibility of the proposed outdoor storage uses and crane is a policy matter for
City Officials to determine.
Site Plan — The applicant proposes outdoor storage in various locations throughout the site. No
new landscaping is proposed. Trash receptacles should be kept inside a building or within an
enclosure constructed according to City Code standards. The submitted site plan breaks the
property up into six areas. Each area has certain items associated with it. Areas 1 -5 serve
Sowles and Northwest Tower Crane for their own operations. Area 6 serves other tenants.
AREA PROPOSED STORAGE ITEMS
1 Short Term Parking — 40 units up to 14 feet high. Boom trucks, semi tractors, trailers,
jobsite office trailers, truck cranes, rough terrain cranes, fork trucks, man lifts, pick -ups
and service trucks. Vehicles coming and going on a daily /weekly basis.
2 Rental Equipment — 200 individual stored up to a maximum of 40 feet high. Tower
crane components, cabs, tower sections, jib sections, and machinery decks.
3 Rental and Contracting Equipment — 200 individual pieces stored up to a maximum of
40 feet high. Stiff leg derricks, trailers, tower sections, jib sections, and steel beams.
4 Rental and Contracting Equipment — 300 individual pieces stored up to a maximum of
32 feet high. Shipping containers, electrical cages, bolt boxes, crane mats, man baskets,
tower crane components; cabs, tower sections, jib sections, machinery decks, and steel
beams.
5 Short Term Rental and Contracting Equipment — 20 units up to 16 feet high. Short-term
storage of cranes, crane components, and construction equipment as described above.
Locked cages for propane and acetylene tanks. Possible parking for future building
tenants.
6 Outdoor Storage Area — Short-Term Tenant vehicle parking, including trucks and semi-
trailers up to 14 feet high.
The request also includes a 113 -foot tower crane at the north end of the property to assist with
loading and unloading of crane components and other equipment onto trucks. According to the
applicant, this type of crane "is essential to our operation because it is the most efficient and safe
way to handle heavy components and properly store them." Mobile cranes lack the required
radius coverage, require set -up and dismantle time and are usually at another job site. The crane
is painted a light blue color, same as the monopole cellular towers in the area. The base of the
crane is secured to prevent unauthorized access.
Planning Report — Sowles IUP
February 28, 2012
Page 5
There are no specific provisions in the City Code that apply to the proposed crane. As with the
previous Interim Use Permits, the proposed crane is addressed as one element of the outside
storage, and is subject to the City Code standards for outdoor storage.
Airport Considerations — Section IV of the Minneapolis St. Paul International Airport Zoning
Ordinance, Airspace Obstruction Zoning, defines protected airspace areas. The subject site does
not fall within a Land Use Safety Zone according to Minneapolis St. Paul (MSP) Zoning Map
Safety Zones Plate SZ -29.
The subject site is within Airport Noise Zone 4. As an industrial land use, the proposed activity
is permitted within this zone.
Engineering Comments — The applicant is proposing to maintain the storage areas labeled as
Areas 2, 3, and 4 with the current gravel aggregate surfacing. A field review indicated these sites
are in generally good condition, with no significant rutting or erosion occurring.
The applicant is not proposing to construct the perimeter of the outdoor stage areas with concrete
curb and gutter. City code requires that all off - street parking and storage areas be surfaced with a
material to control dust and drainage, and that the surface shall be properly maintained to prevent
deterioration. Bituminous asphalt is the most widely used surfacing material to accomplish this
requirement and is required for off - street parking areas.
There are a number of outdoor storage lots within the City that have been allowed to use recycled
asphalt aggregate surfacing for outside storage areas under Conditional Use or Interim Use
Permits, including the previous Interim Use Permit for this property. Those permits that have
allowed recycled asphalt aggregate have included a condition for a periodic staff review of the
condition of the surfacing to determine its adequacy for dust and drainage control. If recycled
bituminous aggregate is approved or the conventional gravel aggregate continues to be used, such
periodic review should again be a condition of approval. If, upon review, the recycled
bituminous aggregate surface or gravel surface is determined to be inadequate, the City will
require the storage lot to be resurfaced with bituminous asphalt.
Outdoor Storage — In addition to the requirements for a conditional use permit listed previously,
City Code Section 11.70, Subdivision 22, C2, lists performance standards for outdoor storage as
follows:
a) Outdoor storage items shall be placed within an enclosure. All such enclosures shall
be attached to the principal building except in the Limited Industrial district. The
proposed outdoor storage is not within an enclosure. The storage areas are defined by
pavement or gravel surfaced areas. The applicant's Maintenance Plan indicates a
perimeter rope or cable will be installed to better establish the borders of the storage
areas in areas where that purpose cannot be served by grading alone.
(P3
Planning Report — Sowles IUP
February 28, 2012
Page 6
The applicant's narrative indicates that the base of the crane is secured to prevent
unauthorized access, however, staff notes from last fall's inspection indicate there had
been some vandalism and damage to the crane. The applicant should provide
enhanced security measures around the yard tower crane and work with City staff to
provide a plan for such additional security measures.
b) The storage area shall be located in the side or rear yards and shall not encroach
into any required front building setback area or other required setbacks. According
to the site plan the front setback of 40 feet is met and the side yard setback of 20 feet
is met for outdoor storage. Since the property is adjacent to Highway 13 the required
building setback is 50 feet, the I -1 zoning district requires a 40 -foot building setback
from the public right -of- way, the area of storage is consistent with a 40 -foot setback.
c) The outdoor storage area shall be screened from view from the public right -of -way
and from any adjacent property which is designated for residential uses in the
comprehensive guide plan. There are no adjacent properties designated for residential
use; however, due to the topography in the area, the site is visible from Hwy. 13 and
the residential uses east of Hwy. 13. Some storage items are screened by trees and the
main building.
d) The storage area shall not interfere with any pedestrian or vehicular movement. The
proposed storage areas consist of parking stalls and gravel areas. The items are stored
in an orderly fashion, which should not interfere with pedestrian or vehicular
movement. Pedestrian and vehicular movement is limited throughout the site. A 20'
clear drive aisle for fire and emergency access should be maintained on the north side
of the northerly building and within storage area #4.
e) The storage area shall not take up required parking spaces or landscaping areas.
Based on the use of the property the availability of off - street parking is met. The
proposed storage areas are not landscaped.
f) The storage area shall be surfaced with concrete or an approved equivalent to
control dust and erosion. The surface shall be properly maintained to prevent
deterioration. The proposed storage area is surfaced with bituminous and gravel, both
appear acceptable for this type of storage. The gravel storage areas should be
maintained to clearly define the boundaries for allowable storage, and to periodically
remove vegetative growth in these areas. The applicant has provided a Maintenance
Plan for the gravel outdoor storage areas which addresses weed control and removal of
brush and other vegetative growth.
SUMMARY /CONCLUSION
The applicant is requesting a five -year Interim Use Permit to allow outdoor storage of a 113 -
foot tall crane, miscellaneous equipment, parts, trailers, cranes, vehicles and items related to the
various businesses onsite. The proposed storage areas are compatible with setback requirements.
Planning Report — Sowles IUP
February 28, 2012
Page 7
The IUP request is also for a 113 -foot tower crane to remain stored on -site. All storage areas are
• defined by a site plan and should be included with the Interim Use Permit. The outdoor storage
surface area is questionable; City code requires that all off - street parking and storage areas be
surfaced with a material to control dust and drainage, some areas for the proposed storage are on
a gravel aggregate surface.
Two previous IUPs were approved and the outdoor storage has been in use for a total of 8 years.
The acceptability of the proposed 5 -year renewal is a policy matter to be determined by City
officials.
ACTION TO BE CONSIDERED
To recommend approval of a five year Interim Use Permit to allow outdoor storage of a 113
foot tall crane, equipment, materials, and vehicles associated with the submitted site plan dated
January 18, 2012, located at 3045 Sibley Memorial Highway, legally described as Part of
Government Lot 2, Section 9, Township 27, Range 23, in the NW 1/4 of Section 9. If approved,
the following conditions should apply:
1. The Interim Use Permit shall be recorded at Dakota County Recorder's office within 60
days of it approval by the City Council.
2. The permit shall terminate March 6, 2017 (a five -year term).
3. The Interim Use Permit shall be subject to an annual administrative review. The purpose
of such review shall be to determine that the conditions of the permit are within
compliance. The Interim Use Permit may be revoked for failure to comply with any
condition of the permit following notice of the noncompliance and a hearing by the City
Council with all interested parties being given an opportunity to be heard.
4. The proposed outdoor storage areas shall be surfaced with bituminous asphalt.
OR
If any type of aggregate surfacing 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.
5. All parking and storage areas shall be properly maintained to prevent
deterioration.
6. The outdoor storage items shall be limited to what is provided for with the site
plan dated January 18, 2012.
16—
Planning Report — Sowles IUP
February 28, 2012
Page 8
7. The applicant shall provide enhanced security measures around the yard tower crane and
the applicant shall work with City staff to develop a plan for such additional security
measures.
8. A detailed plan for Area #6 showing the truck and trailer storage and drive aisles
has been submitted and is subject to review and approval by the Fire Department.
9. Trash receptacles shall be kept either inside the building or within an enclosure
constructed according to City Code.
10. Gravel storage areas shall be maintained consistent with the submitted
Maintenance Plan to define the storage boundaries, and remove weeds and other
vegetative growth.
11. Upon recording the Interim Use Permit, all other Interim or Conditional Use
Permits for the property shall terminate.
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Application: Sowles Properties (3045 Sibley Mem. Hwy.)
Type: Interim Use Permit
Case No.: 09- IN- 01 -01 -12
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Eagan, Minnesota 55121
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Sowles Properties Limited Partnership TOWER CRANE LOCATION. •
3045 Highway 13 / 10 -1z -15, 7-
Eagan, Minnesota 55121
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ITOWER CRA.NESI
3045 Sibley Memorial Hwy (Hwy 13)
a Suite 100
Eagan, Minnesota 55121 -1602
s Phone: (651) 287 -9775
tl Fax: (651) 287 -9710
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. Equal Opportunity Employer
R ECEIVED IAN 1 B 20
Sowles Co.
3045 Highway 13 Ste. 100
Eagan, MN 55121 -1602
S OWLES 651- 287 -9700
651-287-9710 (FAX)
www.sowles.com
STEEL ERECTORS
Billings
406 - 248 -4361
406 - 248 -8330 (FAX)
Portland
503 - 661 -9693
503 - 661 -9628 (FAX)
MAINTANENCE OF OUTDOOR STORAGE AREAS WITH
CONVENTIONAL GRAVEL AGGREGATE SURFACES
For weed control in the storage areas and " Green Space" we intend to cut
them down using a Weed Whacker trimmer. The small trees and other
underbrush we will cut down and remove. This will be repeated on a monthly
basis to ensure proper maintenance of these areas. We will begin in the
spring as weather allows and work at it until it is cleared of' any underbrush
and weeds.
The gravel areas will then be graded and small berm will be made to define
borders of the storage areas. In areas were there is equipment and we cannot
grade, perimeter rope or cable will be put up to establish those borders.
Sowles Company is the only company that drives on the gravel areas. We will
have our drivers check and clean if necessary their trucks before driving out
onto the bituminous areas. The entire parking lot storm drains goes to
holding ponds on the property and not into the City Sewer system. If
anything does get into our parking lot it will go back into the holding ponds,
which we already maintain.
asp ,f4A,
Dave Green Dan Sowles
EQUAL OPPORTUNITY EMPLOYER
SOWLES PROPERTIES LIMITED PARTNERSHIP
VALLEY BUILDING PRODUCTS CO.
3045 HIGHWAY 13 Suite 100
EAGAN, MINNESOTA 55121 -1602
January 18, 2012
To: City of Eagan
Re: Interim Use Permit
Renewal Application
Subject: 3045 Highway 13
Legal Description
Part of Government Lot 2, Section 9, Township 27, Range 23.
P.I.D. #10- 00900 -10 -26 located 3045 Highway 13.
Background/History
Sowles Properties L.P. and Valley Building Products Co. jointly purchased 3045 Highway 13 in
December of 2002. Our affiliated companies Sowles Co. (steel erector), Northwest Tower
Cranes (crane rental and service) and Valley Building Products Co. (property owner), moved
Office, shop and yard operations to this location May 2003.
The main Lull Industries building was constructed in 1957; outdoor storage has been part of fork
truck manufacturing operations at this location since the site was developed. In 1994 Lull
Industries was granted a Conditional Use Permit to allow outdoor storage of equipment and
materials. At that time the site was improved with; water main system with hydrants, bituminous
paving on the south portion of the site for dust control, concrete curbs, gutters and catch basins
for erosion control, free standing lighting and building mounted lights for safety and site security.
The former owners employed up to 250 people on site and at peak production had 2 and
sometimes 3 shifts. Our tenants currently run their businesses from 6:00 AM to 5:00 PM
Monday through Friday. There is minimal truck traffic coming acid going after normal business
hours and over the weekends.
Sowles Properties L.P. is requesting renewal of our existing (5) Year Interim Use Permit to
continue allowing;
A.) Outdoor storage of construction equipment, materials, trailers and vehicles, see attached
site plan.
B.) To keep the existing yard tower crane as a vital part of our tenant's operation, see
attached sketches for location a crane height.
Gravel outside storage areas are graded and brush cleared annually as needed. Maintenance has
been in progress since Eagan's September inspection. Winter weather has slowed progress,
however, after Spring thaw gravel will be graded and edges defined.
Page One of Eight
RECEIVED JAN 1 8 2012
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Page Two Interim Use Permit Renewal Application January 18, 2012
A.) OUTDOOR STORAGE — Six (6) Outdoor Storage areas, see attached site plan.
1.) SHORT TERM PARKING - Used by Sowles Co., vehicles are coming and going
on a daily /weekly basis. 40 units, up to 14 feet high. Boom trucks, semi
tractors, trailers, jobsite office trailers, truck cranes, rough terrain cranes, fork
trucks, man lifts, pick -ups and service trucks.
2.) RENTAL EQUIPMENT — Used by Sowles Co.
200 individual pieces stored up to a maximum of 40 feet high.
Tower crane components; cabs, tower & jib sections, machinery decks. •
3.) RENTAL AND CONTRACTING EQUIPMENT — Used by Sowles Co.
200 individual pieces stored up to a maximum 40 feet high.
Stiff leg derricks, trailers, tower & jib sections and steel beams.
4.) RENTAL AND CONTRACTING EQUIPMENT — Used by Sowles Co. and
Bald Eagle Erectors. 300 pieces stored up to a maximum of 32 feet high.
Shipping containers, electrical cages, bolt boxes, crane mats, man baskets, tower
crane components; cabs, tower & jib sections, machinery decks, steel beams.
5,) SHORT TERM RENTAL AND CONTRACTING EQUIPMENT -. Used by
Sowles Co., Bald Eagle Erectors and KnightTransportation. 20 units up to 16
feet high. Short term storage of cranes, crane components, and construction
equipment as described above. Locked cages for propane and acetylene tanks.
6.) OUTDOOR STORAGE AREA — Used by A &V Daily Courier, Almax U -Haul,
Bald Eagle Erectors, Knight Transportation and Transportation Center for
Excellence. Short term tenant vehicle parking, including semi trailers up to 14
feet high.
B.) YARD TOWER CRANE
Sowles Co. currently has a tower crane at the north end of the site located within Outside
Storage Area #2. This tower crane is needed for truck loading and unloading of crane
components and other equipment. A yard tower crane is essential to Sowles Co.
operation because it is the most efficient and safe way to handle heavy components and
properly store them, see attached illustration comparing a tower crane with a mobile
crane. Mobile cranes lack the required radius coverage, require set -up and dismantle
time and are usually away from our yard working at construction job sites. The existing
tower crane was painted blue to blend in with the sky so it would be less obtrusive. The
base of the crane is secured to prevent unauthorized access. See attached site plan and
site sections describing Sowles Co. tower crane installation.
Zoning Classification - Industrial 1 (I-1)
Existing Land Uses
The 24 acre site contains several wooded areas and a grade drop of approximately 50' from
southeast to northwest. The site has one main office /warehouse building, a north and south
warehouse, a long narrow warehouse, employee parking, outside storage areas and green areas.
Surrounding Land Uses
North — Zoned Park, Park and Recreation open space.
South — Zoned Industrial (1-1), Office/Warehouse.
East — Highway 13/ McCarthy Ridge Subdivision, Low Density Residential.
West — Zoned Industrial (I -1)1 Single Family home, gravel/dirt storage business and Park.
I I
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Page Three Interim Use Permit Renewal Application January 18, 2012
Feel free to contact me with any questions;
jack.romsaas@gmail.com,
Cell phone, 612 - 384 -4131
Respectfully Submitted
Sowles Properties Limited Partnership/Valley Building Products Co
. • Romsaas
President, Valley Building Products Co.
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