07/03/2012 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
J U LY 3, 2012
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, 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, July 3, 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, Director of Administrative Services VanOverbeke, Director
of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys,
Communications Director Garrison, Police Chief McDonald, Director of Parks and Recreation Johnson,
City Clerk Scipioni and Executive Assistant Stevenson.
AGENDA
City Administrator Hedges noted the addition of Item P. to the Consent Agenda.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
Mayor Maguire noted several of the July 4 Funfest activities and thanked the Funfest Committee and
City staff for their efforts.
CONSENT AGENDA
City Administrator Hedges noted a change to Items J and N.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda
as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minute of the June 12, 2012 Special City Council
meeting and the June 19, 2012 Regular City Council meeting as presented or modified.
B. PERSONNEL ITEMS
1. It was recommended to approve a Finance Department Reorganization
2. It was recommended to authorize hiring of Executive Search Firm, Brimeyer Fursman to
assist with the recruitment and screening of Finance Director candidates
3. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation
C. It was recommended to approve Check Registers dated June 22 and June 29
D. It was recommended to approve a Resolution to accept a donation from State Farm
Agents for Fire fighter helmets and authorize the necessary budget adjustment
E. It was recommended to approve an Amended resolution adopting and implementing
the performance benchmarks developed by the Council on Local Results and
Innovation
City Council Meeting Minutes
July 3, 2012
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F. It was recommended to approve a JPA with the Minnesota BCA to provide the City's
prosecuting attorney access to the Minnesota Criminal Justice Data Communications
Network (CJDN)
G. It was recommended to approve Change Order No. 1, Contract 12 -10 - Citywide Storm
Sewer Improvements
H. It was recommended to approve an amendment to dark fiber license agreement between
the City of Eagan and the Minnesota Valley Transit Authority (MVTA)
I. It was recommended extension of completion dates for Interim Use Permit - 915 Yankee
Doodle Road (Hoovestol)
J. It was recommended to authorize Submittal of Comments to Minnesota Housing Finance
Agency and others regarding the Dakota County Community Development Agency's
proposed River Ridge Family Townhomes at 3206 Sibley Memorial Highway
K. It was recommended to approve Encroachment and Maintenance Agreement for Lot 2,
Block 1, Eagan Pointe
L. It was recommended to approve On -Sale Liquor and Sunday License for Lone Oak Grill, LLC,
DBA Lone Oak Grill, 3010 Eagandale Place
M. It was recommend to approve Premise Permit for Metro Baseball League to conduct lawful
gambling at Lone Oak Grill, 3010 Eagandale Place
N. It was recommended to approve a Resolution to temporarily extend the licensed premise of
Bonfire Restaurant Co, LLC, DBA Axel's Bonfire located at 1555 Cliff Road
0. It was recommended to approve a Temporary Construction Easement over a portion of
Captain Dodd Park to accommodate contractor access for an adjacent development and
authorize the Mayor and City Clerk to sign the appropriate documents
P. It was recommended to approve excluded permit for Eagan High School Band Boosters to
conduct a bingo event on July 4, 2012
Consent Item N. Sarah Bernu, Assistant General Manager at Bonfire in Eagan explained the need to
change the date of their event from July 14 to July 28, 2012.
PUBLIC HEARINGS
There were no items for discussion.
OLD BUSINESS
AN ORDINANCE AMENDMENT TO CHAPTER 5 REGARDING HOURS OF OFF -SALE LIQUOR SALES
Administrator Hedges noted at the June 12, 2012 Special City Council meeting, the City Council directed
staff to prepare an amendment to City Code Chapter 5.53 Hours and Days of Liquor Sales. Hedges
stated this came as a result of some discussion at the April 17 Listening Session, when some requests
were shared with the City Council about extension of hours for off -sale liquor establishments in Eagan.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Ordinance
Amendment to City Code Chapter 5 relative to off -sale liquor sales and direct the City Attorney to
publish the amendment in the legal newspaper. Aye: 5 Nay: 0
City Council Meeting Minutes
July 3, 2012
3 page
NEW BUSINESS
CONDITIONAL USE PERMIT— SUBURBAN LANDSCAPE SERVICE —TO ALLOW OUTDOOR STORAGE
OF SALT /SAND, PALLETS AND RELATED LANDSCAPE EQUIPMENT AND MATERIALS
LOCATED AT 3486 DODD ROAD
City Administrator Hedges noted the Advisory Planning Committee held a public hearing on June 26,
2012 and is recommending approval. City Planner Ridley gave a staff report. Applicant Colin Merrill
stated he was available for questions. Council discussed the issue. Mayor Maguire opened the meeting
for public comment. There being no public comment, he turned the discussion back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use
Permit to allow outdoor storage of salt /sand, pallets and related landscape equipment and materials on
property located at 3486 Dodd Road, legally described as parts of Lots 4 and 5, Loren Place, subject to
the following conditions as amended: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council.
2. This Conditional Use Permit shall replace the existing Conditional Use Permit for the property, which
was approved on September 6, 2011.
3. Landscape materials are limited to those items shown on the approved Site Plan dated June 6, 2012,
including, rock, mulch, dirt, sand and recycled landscape.
4. The covered storage shall be limited to sand and salt per the approved Site Plan dated June 6, 2012.
5. The fabric cover for the salt and sand storage shall be kept in premium condition. Replacement of
the fabric cover shall occur immediately if it falls into disrepair.
6. The pallet storage shall not exceed eight feet in height.
7. No additional outdoor storage shall be allowed other than what is identified on the Site Plan dated
June 6, 2012.
8. Recycled asphalt aggregate shall be used for the portions of the outdoor storage areas. If recycled
bituminous aggregate 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.
9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed
outdoor storage areas.
10. All parking and storage areas shall be properly maintained to prevent deterioration.
11. All signage shall meet City Code requirements.
12. The existing garage shall be removed as identified on the Site Plan dated June 6, 2012, in order to
provide necessary emergency vehicle drive aisles. The applicant shall obtain a demolition permit and
remove the structure prior to October 1, 2012.
13. The applicant shall obtain a building permit for the dumpster enclosure by October 1, 2012, and the
enclosure shall meet City Code requirements.
14. A lock box shall be provided on the southern gate to provide emergency vehicle access to the
properties.
15. The applicant shall obtain a zoning permit for the storage bins.
16. All required site improvements shall occur by October 1, 2012.
City Council Meeting Minutes
July 3, 2012
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LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
CITY ATTORNEY
There were no items for discussion.
CITY COUNCIL COMMENTS
Councilmember Fields wished everyone a Happy 4 th of JUly.
CITY ADMINISTRATOR
There were no items for discussion
DIRECTOR OF PUBLIC WORKS
Director of Public Works Matthys noted we will probably break a record over the next couple of days
with water usage.
DIRECTOR OF COMMUNITY DEVELOPMENT
There were no items for discussion.
VISITORS TO BE HEARD
There were no visitors to be heard.
City Council Meeting Minutes
July 3, 2012
4 page
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
6:53 p.m. Aye: 5 Nay: 0
Date
11' t t h"Itt - (
Mayor