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