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
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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
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City Clerk