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03/06/2012 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 6, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, March 6, 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, City Planner Ridley, Communications Director Garrison, Public Works Director Colbert, Police Chief McDonald, Fire Chief Scott, Director of Parks and Recreation Seydell Johnson and City Engineer Matthys. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA It was recommended to pull Consent item E. for separate action. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the February 21, 2012 Regular City Council meeting as presented B. PERSONNEL ITEMS 1. It was recommended to accept the resignation of Mary O'Brien, Administrative Secretary, and authorize her replacement 2. It was recommended to approve the hiring of Alison Burstein for the Patrol Officer position in the Police Department 3. It was recommended to approve the hiring of Thomas C. Schellinger for the Fire Inspector position in the Fire Department 4. It was recommended to authorize hiring of Executive Recruiter, Brimeyer Fursman to assist with the recruitment and screening of Public Works Director candidates 5. It was recommended to approve the hiring of seasonal employees in Parks & Recreation 6. It was recommended to approve the separation agreement with Pam Schiller, Fire Administration Secretary C. It was recommended to approve check registers dated February 16, 2012 and February 23, 2012 as presented D. It was recommended to approve Resolutions to accept cash donations from two citizens in memory of Retired Firefighter Dave Feterl who recently passed away E. It was recommended to receive Feasibility Report for Project 1054 (Fairway Hills Ultra -High Pressure Zone Improvements) and schedule a Public Hearing (April 3, 2012) Pulled for separate action. F. It was recommended to request MnDOT Consideration of Proposed Municipal State Aid System Revisions G. Item Removed H. It was recommended to approve Final Payment for Contract 11 -03 (Deerwood Reservoir — Repainting) I. It was recommended to approve Joint Powers Agreement for Project 1086 (Pilot Knob Road & Wescott, Lexington Ave & Northwood Pkwy/Neil Armstrong Boulevard — Flashing Yellow Arrows) with Dakota County City Council Meeting Minutes March 6, 2012 2 page J. It was recommended to approve Plans & Specifications and Authorize Advertisement for Bids for Contract 12 -02 (City-Wide Street Improvements) K. It was recommended to award Contract No. 12 -05 (Inflow & Infiltration Mitigation - City -Wide Sanitary Sewer Improvements) L. It was recommended to award Contract No. 12 -06 (Outlet Modifications & Pond Sediment Removal - 2012 Water Quality/Storm Sewer Improvements) M. It was recommended to approve Resolution confirming certain properties should be included in the Coachman Oaks Housing Improvement Area Consent Item E. Councilmember Fields moved, Councilmember Tilley seconded a motion to receive Feasibility Report for Project 1054 (Fairway Hills Ultra -High Pressure Zone Improvements) and schedule a Public Hearing (April 3, 2012) Aye: 4 Nay: 0 (Mayor Maguire abstained) PUBLIC HEARINGS MULTIPLE VARIANCES - 3105 SIBLEY MEMORIAL HIGHWAY — TED ANDERSON City Administrator Hedges introduced the item regarding multiple variances for property located at 3105 Sibley Memorial Highway and stated the applicant had previously requested this item be continued to the March 6, 2012 regular City Council meeting. City Planner Ridley gave a staff report and provided additional history on the property. Ridley further listed the variances pertaining to the proposed site improvements. Ted Anderson was present and available to answer questions of the Council. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the following variance requests: 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 percent to 23.8 percent for property located at 3105 Sibley Memorial Highway subject to the following conditions. Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The six stalls in the south parking lot that are less than 19' in depth shall be signed "compact parking only." 3. Concrete curbing shall be installed at the outer edge of all parking lot areas per the Site Plan dated 12- 13 -11. 4. Mechanical equipment shall be screened from views from off the property by physical barrier that matches the principal building in color. 5. A photometric plan shall be provided for staff review, and modifications made to any lighting as may be necessary ensure compliance with City Code. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a variance to allow zero side yard setback for existing satellite dish and trash enclosure over the west side lot line for property located at 3105 Sibley Memorial Highway and subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The west wall of the trash enclosure shall 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. 3. Concrete curbing shall be installed at the outer edge of all parking lot areas per the Site Plan dated 12- 13 -11. 4. Mechanical equipment shall be screened from views from off the property, consistent with City Code Section 11.70, Subd. 21.D, by physical barrier that matches the principal building in color. City Council Meeting Minutes March 6, 2012 3 page 5. A photometric plan shall be provided for staff review, and modifications made to any lighting as may be necessary ensure compliance with City Code. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a variance 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 Highway subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Concrete curbing shall be installed at the outer edge of all parking lot areas per the Site Plan dated 12- 13 -11. 3. The applicant shall install parking lot landscape screening on the north side of the lot in compliance with City Code. 4. Mechanical equipment shall be screened from views from off the property, consistent with City Code 11.70, Subd. 21.D, by a physical barrier that matches the principal building in color. 5. A photometric plan shall be provided for staff review, and modifications made to any lighting as may be necessary ensure compliance with City Code. OLD BUSINESS There are no Old Business items at this time. NEW BUSINESS INTERIM USE PERMIT- 3045 HIGHWAY 13 — SOWLES PROPERTIES City Administrator Hedges introduced the item regarding the interim use permit to allow outdoor storage of various construction equipment, materials, trailers and vehicles associated with a site plan on a 24 -acre site located at 3045 Sibley Memorial Highway and noted a public hearing was held on February 28, 201. City Planner Ridley gave a staff report along with background information on the property and stated the Advisory Planning Commission recommended approval of the interim use permit. Two representatives of Sowles Properties were present and available to answer questions by the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve 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 below: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded at Dakota County Recorder's office within 60 days of 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. City Council Meeting Minutes March 6, 2012 4 page 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. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:00 p.m. Aye: 5 Nay: 0 5- do-ia Date )1 Aftl i 'L Mayor 0/4 " City Clerk