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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 ,.,,~ j )!lAI vJ<JA/ / f )({,J , I Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City 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.