11/18/2003 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 18,2003
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting in the Community Room ofthe
Eagan Municipal Center. There were no citizens who wished to be heard.
A regular meeting of the Eagan City Council was held on Thursday, November 18,2003 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present
were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney
Mike Dougherty and Administrative Secretary! Deputy Clerk Mira McGarvey.
AGENDA
Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda.
Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye: 5
Nay: 0
A. Minutes. It was recommended to approve the minutes of the November 6,2003 regular City Council
meeting, the November 12,2003 special City Council meeting, the minutes of the October 28,2003 special
City Council meeting and the minutes of the October 27, 2003 City Council Retreat as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Andy Keykal as a part-time Manager-on-Duty at the
Community Center.
2. It was recommended to approve the addition of medicines and drugs purchased by an employee
without a physician's prescription ("Over the Counter") to expenses allowed for reimbursement
under the City's Flex Spending Plan.
e. Check Registers. It was recommended to ratify the check registers dated November 6, 2003 and November
13,2003 as presented.
D. CIP Part II. It was recommended to approve Part II (Vehicles and Equipment) of the 2004 - 2008 Capital
Improvement Program (CIP) subject to additional information being provided on three specific vehicles
before orders for any of them are placed.
E. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance
amendment to Chapter 10, Section 10.11 entitled dog and cat regulation and dog licensing.
F. Liquor Licenses. It was recommended to approve a change in management at Joe Senser's located at 3010
Eagandale Place; a change in management at Holiday Stationstore #247 located at 3615 Pilot Knob Road an
Noodles & Company located at 1340 Town Centre Drive.
G. Tree Contractor License. It was recommended to approve a Tree Contractor License for Miller Tree
Service.
H. Proiect 895. It was recommended to receive the Draft Feasibility Report for Project 895 (Lake Park Shores
and Thomas Lake Additions - Street Improvements) and schedule a public hearing to be held on December
16,2003
1. Proiect 898. It was recommended to receive the Draft Feasibility Report for Project 898 (Terminal Drive -
Street Improvements) and schedule a public hearing to be held on December 16,2003.
J. Final Plat. It was recommended to approve a Final Plat (Eagan Central Park) to create one lot on
approximately sixty acres located north of Central Parkway and west of Pilot Knob Road in the E 'h of 01-7n
Section 9 and authorize the Mayor and City Clerk to execute all related documents.
K. Contract 03-0 I. It was recommended to approve Change Order No.2 to Contract 03-01 (Town Centre
Area - Street & Access Management improvements) and authorize the Mayor and City Clerk to execute all
related documents.
Eagan City Council Meeting Minutes
November 18, 2003
Page 2
L. Final Subdivision. It was recommended to approve a Final Subdivision (Whispering Woods 13th Addition)
to create 8 lots on 3.66 acres on property legally described as Outlot C, Whispering Woods 11 th Addition,
located south of Whispering Way and west of Slater Road in the SWI/4 of Section 31; subject to the
conditions listed in the development contract.
M. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision
(Wentworth Park) and Final Planned Development to create 8 lots on 2.82 acres on property and seven
town offices legally described as Outlot A, Prairie Oaks, located south of Cliff on Slater Road west of TH
77 in the NW Y4 of Section 31; subject to the conditions listed in the August 19, 2003 City Council minutes.
N. Ordinance Amendment. It was recommended to authorize staff to work with the Advisory Planning
Commission (APC) to prepare an Ordinance Amendment to regulate window signage on commercial and
industrial buildings.
O. License Agreement - City of Eagan. It was recommended to approve a License Agreement between the
City and Keystone Communities to allow the installation of a marketing facility upon City-owned property
(Lot 6, Block 1, Langhoven located adjacent to the Keystone development site.
P. Contract 03-09. It was recommended to approve an Investment Retainage Agreement for Contract 03-09
(Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related
documents.
Q. Change Order. It was recommended to approve change order number 15 to the Eagan Community Center
and Bandshell in the Total amount of$5,667.00.
R. Advisory Commission Terms. It was recommended to approve the 4 month extension of the advisory
commission members' terms that are scheduled to expire on December 31, 2003 by extending the terms to
April 30, 2004.
S. Extension for Recording Plat. It was recommended to approve a 90-day extension of time to record the
final plat for Natures Preserve, located south of Yankee Doodle Road and east of Coachman Road in the
NW Y4 of Section 16.
T. Extension for Recording Plat. It was recommended to approve a 90-day extension of time to record the
final plat for Piney Wood, located south of Cliff road and east of Dodd Road in the NW Y4 of Section 36.
PUBLIC HEARINGS
DIRECT PREPARATION OF ORDINANCE AMENDMENT, CHAPTER 5, WINE, BEER AND LIQUOR
LICENSING AND REGULATION
City Administrator Hedges discussed this item regarding an ordinance amendment related to potential increases in
liquor license fees. Director of Administrative Services VanOverbeke explained the tiered system for on-sale liquor
licenses currently used by Apple Valley. Chief of Police Therkelsen discussed background investigation costs for
liquor licenses.
Mayor Geagan opened the public hearing.
Gary Starks, Starks Saloon, and Jamal Ansari of the Mediterranean Cafe expressed their support for the tiered system
for license fees.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the
Council.
Councilmember Tilley moved, Mayor Geagan seconded a motion to approve an ordinance amendment to Chapter 5,
entitled wine, beer and liquor licensing and regulation regarding liquor license fees as modified to include a
tiered on-sale intoxicating liquor license fee. Aye: 5 Nay: 0
VARIANCE - JAMES COOPER - 1835 DIFFLEY ROAD
City Administrator Hedges introduced this item regarding a request for a variance from the required 10 foot setback
for the construction of a monument sign on property located at 1835 Diffley Road. City Planner Ridley gave a staff
report.
03-77
03-78
Eagan City Council Meeting Minutes
November 18, 2003
Page 3
Jim Cooper, applicant, discussed the proposed signage.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a 10 foot Variance from the
required 10 foot setback for the construction of a monument sign on property located at 1835 Diffley Road (Lots 6
and 7, Block 1, Blackhawk Plaza) in the SE Y. of Section 20. Aye: 5 Nay: 0
OLD BUSINESS
GARAGE VARIANCES AT 1745 SARTELLAVENUE-TODD WAGNER
City Administrator Hedges discussed this item regarding variances to allow the proposed attached accessory
structure to exceed the size of the house by 280 square feet and to allow the proposed garage walls to exceed 10 feet
in height, located at 1745 Sartell A venue. This item was continued from the November 6th Council meeting to allow
the applicant time to work with City staff. City Planner Ridley provided background information, along with a
graphic of the proposed accessory structure. Community Director Hohenstein discussed suggested modifications to
the proposed plan.
Todd Wagner, applicant, recapped the events prior to this meeting regarding the building permit process which
included the City of Eagan incorrectly issuing a building permit, the work already completed and the expenses
incurred. He also discussed potential expenses that would be incurred should the variance be denied.
Three neighboring property owners expressed their opposition to the variance.
Councilmembers expressed their disappointment that downsizing of the proposed structure was not considered by the
applicant. It was the consensus of the Council that the situation Mr. Wagner is in is unfortunate, but the issuance of
the variance would be inappropriate. They suggested that Mr. Wagner contact staff for further assistance.
Councilmember Maguire moved, Mayor Geagan seconded a motion to direct findings of fact to deny a variance to
allow the proposed attached accessory structure to exceed the size of the house by 280 square feet, located at 1745
Sartell Avenue, to be considered at the December 1,2003 City Council meeting. Aye: 5 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct findings of fact for denial of a
Variance to allow the proposed garage walls to exceed 10 feet in height, located at 1745 Sartell Avenue, to be
considered at the December 1,2003 City Council meeting. Aye: 5 Nay: 0
VARIANCE - DUANE OLSON
City Administrator Hedges stated that this item should be continued to allow time for proper notification of
surrounding property owners.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a variance
from the required maximum height of 42 inches to construct a 6-foot fence in a front yard on property located at
1250 Cliff Road to the December 1,2003 City Council meeting. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS, INC.
City Administrator Hedges discussed this item regarding a Planned Development Amendment to allow a currency
exchange facility at 1970 RahncliffRoad which was continued from the November 6th Council meeting. City
Planner Ridley gave an update regarding information gathered by the Eagan Police Department indicating a
restriction of window signage to no more than 50% of any window being to be the general rule of thumb.
Eagan City Council Meeting Minutes
November 18, 2003
Page 4
The applicant stated that she would comply with any signage regulations.
Council member Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development
Amendment to allow a currency exchange facility at 1970 Rahncliff Road, legally described as, in the NW Y. of
Section 32, 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.
2. The operation of the currency exchange business shall comply and be operated in accordance with all
state laws and regulations relating to the operation of currency exchange businesses.
3. The currency exchange business shall be operated in accordance with the zoning regulations of this
Code and the Planned Development Amendment Agreement.
4. The currency exchange business shall not be located closer than 200 feet to any existing currency
exchange business, secondhand goods store or pawnshop, day care facility, on or off-sale liquor
establishment, park or public facility or residential property, including R-4 (Residential Multiple
District) properties. The distance shall be measured from any point of the exterior area of the structure
in which the currency exchange business is located and the closest point on the property line of the
other use.
5. The currency exchange business shall comply with all provisions of this Code and other applicable
state laws.
6. No bars, chains, or other security devices on the structure in which the currency exchange business is
located shall be visible from a public street or sidewalk.
7. The currency exchange business shall not engage in any services in which money or funds are lended,
borrowed or pledged to or by a customer.
8. The premises shall be open for inspection by the City and the City shall have the right to inspect the
premises.
9. The currency exchange business shall not be open or operated during the hours of 8:00 p.m. and 6:59
a.m.
10. Building signage shall be subject to City Sign Code standards and similar in design with the other
tenant signage on the building.
11. Window signage coverage shall not exceed 50% of any window surface.
ORDINANCE AMENDMENT - CITY CODE, CHAPTER 6.37
City Administrator Hedges discussed this item regarding an ordinance amendment to City Code, Chapter 6.37 -
Garbage, Refuse, and Recycling Haulers to allow bi-weekly residential/multi-family dwelling recycling.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to
City Code, Chapter 6.37 regarding Garbage, Refuse, and Recycling Haulers - to allow bi-weekly
residential/multifamily dwelling recycling. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
Direction was given to staff regarding the mailing list for an item regarding IP-47 to be on the December 8, 2003
City Council agenda.
Councilmember Carlson moved, Councilmember Fields seconded a motion to recess the City Council meeting and
immediately convene a meeting of the Economic Development Authority at 7:55 p.m. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Maguire seconded a motion to reconvene the City Council meeting at
7:58 p.m. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
November 18, 2003
Page 5
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council
meeting at 8:00 p.m. Aye: 5 Nay: 0
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of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.