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06/16/2009 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 16, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, June 16, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an item will be added under the Administration Agenda and there will be a Closed Session to discuss pending litigation. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Dorothy Peterson was recognized for her nine years of volunteer service to the Advisory Parks Commission. The Showcase Eagan Coordinating Committee was recognized for a successful 2009 Showcase Eagan event. CONSENT AGENDA Item I was pulled for discussion. Councilmember Tilley 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 June 2, 2009 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of a full time Skate School Coordinator at the Civic Arena. C. It was recommended to ratify check registers dated May 29, 2009, and June 4, 2009 as presented. D. It was recommended to approve 2009 – 2010 Massage Therapy Establishment License renewals for the following:  The Bodywork Studio, 3352 Sherman Court #103  Solimar Wellness Spa, 1121, Town Centre Drive  Lifetime Fitness, 1565 Thomas Center Drive  Keep In Touch Massage, 3424 Denmark Avenue  Tranquility For You, 1960 Cliff Lake Road, Suite 124  Cole’s Salon, 2131 Cliff Road  Affordable Therapeutic Massage, 4120 Lexington Way, Suite 170  Massage Envy, 3250 Denmark Avenue, Suite 108  Cole’s Salon, 3450 Pilot Knob Road City Council Minutes June 16, 2009 Page 2 E. It was recommended to approve 2009 – 2010 amusement device license renewals for the following:  Coinstar Entertainment Services  Theisen Vending  Awe Vending and Amusement F. It was recommended to approve 2009 – 2010 Body Art License Establishment renewal for Leroy Jones, The Canvas Tattoo Studio II, 4130 Blackhawk Road, Suite 113. G. It was recommended to approve a Tree Maintenance Contractor License for Castle Rock Contracting and Tree Service. H. It was recommended to approve the fireworks permit for RES Specialty Pyrotechnics Inc. and waive th the license fee as requested by the July 4 Funfest Committee. PULLED FOR DISCUSSION I. Off-Sale Liquor License – Supervalu, Inc. . J. It was recommended to retain Springsted, Inc. to complete a comprehensive user rate study for water, sanitary sewer, storm drainage, water quality and street lighting utilities. K. It was recommended to approve an amendment of the Development Deposit Agreement with Revestors for Red Pine Crossing regarding timing of the payment of the contract administration fee. L. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Sammy Sweet Cheeks, consisting of two single-family lots on approximately 1.0 acre located at 2888 Sibley Hills Drive. M. It was recommended to approve a modification of the conditions of approval related to outside displays for the Planned Development Amendment for Home Depot located at 3220 Denmark Avenue to reinsert condition #3. N. It was recommended to accept a partnership contribution of $2,500 and 1,300 trick or treat bags from Genisys Credit Union as a partner for the 2009 Halloween Hodgepodge event. O. It was recommended to accept a partnership contribution of $1,500, pedometers to be given away for Health and Wellness Night and volunteer support from Rasmussen College as a partner for the 2009 Eagan Market Fest event. P. It was recommended to accept an advertising sponsorship from Thisweek Newspapers and Thisweek Live fro the 2009 Eagan Market Fest event. Q. It was recommended to authorize the preparation of specifications and advertisement for bids for replacement fitness equipment for the Eagan Community Center. R. Removed from agenda. S. It was recommended to receive the bids for Contract 09-11 (City owned and Maintained Traffic Signals – Painting / Reconditioning) and award the contract to Hiller Bros Construction for the Base Bid in the amount of $14,150.00, and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve Change Order No. 1 to Contract 09-01 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to approve the purchase of the “cityofeagan.org” and “city-of-eagan.com” domains and authorize the Mayor and City Clerk to execute the necessary documents to transfer the domains to the City. I. Discussion was held regarding an on-sale liquor license for SuperValue, Inc. dba Cub Liquors. Dave Perrier expressed concern over the number of liquor licenses issued in the City and concern that landlords are controlling who gets the spaces where liquor stores are allowed. Kory Krause expressed his opposition to the proposed Cub liquor store and the large number of liquor stores already located in the City. The owner of Amber Liquor noted that the proposed Cub Liquors will only be 200 yards from his store. His attorney had earlier submitted a letter which questioned zoning ordinance requirements in regard to the proposed store. City Attorney Dougherty addressed the City Council Minutes June 16, 2009 Page 3 ordinance concerns, explaining that the specifics of the building and site design had been approved as part of the Planned Development for the entire site. Councilmember Fields moved, Mayorr Maguire seconded a motion to approve an on-sale liquor license for SuperValue, Inc. dba Cub Liquors, 1016 Diffley Road, Suite 800. Aye: 5 Nay: 0 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced this item regarding the 2008 Annual Financial Report. Matt Mayer and Janel Bitzan of Kern, DeWenter, Viere, Ltd. made a presentation. Councilmember Fields moved, Councilmember Hansen seconded a motion to receive and accept the 2008 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS There were no Public Hearings. OLD BUSINESS AMENDMENT TO 2009 GENERAL FUND OPERATING BUDGET City Administrator Hedges discussed this item regarding an amendment to the 2009 General Fund operating budget. It was noted that a detailed presentation had been made at the June 9 City Council workshop. Councilmember Tilley moved, Councilmember Hansen seconded a motion to amend the 2009 General Fund operating budget by reducing both revenues and expenditures by $592,000. Aye: 5 Nay: 0 NEW BUSINESS ORDINANCE AMENDMENT – CHAPTER 10, SECTION 10.11, SUBD. 7(c) POTENTIALLY DANGEROUS OR DANGEROUS DOGS City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 10, specifically as it relates to dangerous dog hearings. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter 10, specifically as it relates to dangerous dog hearings and direct the City Attorney to publish the amendment in the legal newspaper. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 7:55 p.m. to immediately convene a meeting of the Economic Development Authority. The meeting was reconvened a 8:00 p.m. City Council Minutes June 16, 2009 Page 4 ADMINISTRATIVE AGENDA Mayor Maguire moved, Councilmember Tilley seconded a motion to cancel the special City Council meeting for July 14 and schedule a special City Council meeting for July 28, 2009. VISITORS TO BE HEARD There were no visitors who wished to be heard. The regular City Council meeting was recessed at 8:03 p.m. to immediately convene a Closed Session to discuss the Cedar Grove acquisition litigation. The regular City Council meeting and Economic Development Authority meeting was reconvened at 9:00 p.m. ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 9:05 p.m. ____________________ _________________________________ Date Administrative Secretary / Deputy Clerk