06/21/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
June 21, 2022
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Hansen, Fields, and Supina.
A regular Eagan City Council meeting was held on Tuesday, June 21, 2022, at 6:30 p.m. Present were
Mayor Maguire, Councilmembers Hansen, Bakken, Fields, and Supina. Also present: City Administrator
Miller, Assistant City Administrator Alig, City Attorney Bauer, City Planer Schultz, Communications and
Engagement Director Ellickson, Public Works Director Matthys, and Community Development Director
Hutmacher.
I.ADOPT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5, Nay: 0. Motion carried.
II.RECOGNITIONS AND PRESENTATIONS
Presentation of Business Survey Results
Director Ellickson thanked the Council for the opportunity to present the results of the 2021 Business
Survey. The survey is conducted in partnership with the National Research Center every other year in
Eagan. The survey results demonstrated that Eagan businesses give high marks to the business climate
in the city, and that they continue to be pleased with City service deliver and with local government
performance. Additionally, businesses gave Eagan high marks in quality of life. Business Survey results
are available on the City’s website.
III.CONSENT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent
agenda as presented. Aye: 5, Nay: 0. Motion carried.
A.It was recommended to approve the minutes of the June 7, 2022 Regular City Council
Meeting.
B.Personnel Items:
1.It was recommended to approve the hiring of Jake Nelson for the position of Building
Inspector.
2.It was recommended to approve the hiring of Angela Faison for the position of Deputy
City Clerk.
3.It was recommended to approve the lateral transfer of Todd Tuione from Utility
Maintenance Worker - Operations to Utility Maintenance Worker - Production and
authorize replacement of the Utility Maintenance Worker – Operations position.
4.It was recommended to approve the hiring for the position of Web Developer, to be
named at a future City Council Meeting.
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June 21, 2022
Page 2
5. It was recommended to accept the resignation of Natalie Freemore, HR Administrative
Assistant and authorize replacement.
6. It was recommended to accept the resignation of Matt Harding, GIS Specialist and
authorize replacement.
7. It was recommended to authorize the updated plan design changes within the Health
Care Savings Plan (HCSP) for both non-represented employees and also the Fire Captain
and Fire Fighter union.
8. It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
• Ian Krebs Guest Relations Crew
• Cory Timm Landscape Crew – Seasonal
• Allison Parnell Lifeguard
• Cate Reilly Lifeguard
• Jade Sawrey Lifeguard
• Lillijuana Schneider Lifeguard
• Benjamin Wagner Lifeguard
• Lucia Fisher Lifeguard
• Ebenezer Woldu Lifeguard
• Nathaniel Defries Park Laborer- Seasonal
• Samuel Schachtman Park Laborer- Seasonal
C. It was recommended to ratify the check registers dated June 3, 2022, and June 10, 2022 as
presented.
D. It was recommended to approve the following ordinary and customary contracts:
1. Parks & Recreation Vendor Service Agreements with the following entities:
- Augsburg Volleyball
- Lynch Tennis
- MN Ultimate
- LaRae Templeton
- Pros of the Rope LLC
2. Parks & Recreation Independent Contractor Agreement with Katie Monroe for services
at the Eagan Art House.
E. It was recommended to approve Change Order No. 3 for Contract 22-03 (Rahn Park Phase II
Improvements) and authorize Mayor and City Clerk to execute all related documents.
F. It was recommended to direct cancellation of the July 12, 2022 Special City Council Meeting.
G. It was recommended to direct preparation of an ordinance amendment to update City Code
Chapter 5 to incorporate recently adopted state liquor law changes.
H. It was recommended to approve revisions to the Winter Trail Maintenance Plan.
I. It was recommended to authorize a variance to the Construction Activity Noise Regulations
to exempt OMG Midwest Inc./ MN Paving & Materials for improvements at Town Centre
during weeknight overnight hours July 5 to July 20, 2022.
J. It was recommended to approve a resolution appointing election judges for the August 9,
2022 Primary.
K. It was recommended to approve a resolution appointing absentee ballot board judges and
designating them as deputy city clerks for the purpose of administering the August 9, 2022
Primary.
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L.It was recommended to approve a Final Planned Development for development of a
memory care and assisted living facility upon property located at 2811 Pilot Knob Road.
M.It was recommended to approve a resolution adopting and authorizing implementation of
the performance measures developed by the Council on Local Results and Innovation.
IV.PUBLIC HEARINGS
There were no items for public hearing.
V.2021 ANNUAL COMPREHENSIVE FINANCIAL REPORT
Administrator Miller introduced the item and invited Rebecca Peterson from Redpath and Company, the
City’s audit firm, to present the 2021 Annual Comprehensive Financial Report. Ms. Peterson reviewed
the report and stated the firm would be conducting a report on Federal Program Compliance later in the
summer. Redpath and Company was able to provide a “clean” opinion on the City’s financial statement,
which is the highest level of assurance offered.
Mayor Maguire acknowledged Finance Director Feldman and thanked him and the City’s Finance
Department for their work.
Councilmember Fields moved, Councilmember Supina seconded a motion to receive and accept the
2021 Annual Comprehensive Financial Report. Aye: 5, Nay: 0; motion carried.
VI.OLD BUSINESS
RECONSIDERATION of Conservation Easement Encroachments – 4500 Thomas Lake Circle
RECONSIDERATION of Conservation Easement Encroachments – 4510 Thomas Lake Circle
Mayor Maguire noted the considerations of conservation easement encroachments were reappearing
before Council, as City staff notified Council of a miscommunication regarding the date of the May 17
Public Hearing, which resulted in the applicants not being present to address Council when the
encroachments were initially considered. City Attorney Bauer confirmed the items could be combined in
their discussion but would require separate actions by the Council.
Administrator Miller thanked the Mayor for providing background and added her apologies for the City’s
miscommunication. Ms. Miller invited Director Matthys to present more information.
Director Matthys stated that on May 17, the Council considered three options for the property owners:
preparation of a restoration and management plan for the conservation easement, preparation of an
encroachment agreement, or a combination of the two. At the meeting the Council selected option one
to request preparation of a restoration and management plan including removal of the encroachments.
Councilmember Bakken asked and Director Matthys confirmed that the placement of docks in water
bodies was regulated by the DNR, but access to the dock via stairs or cleared trails was prohibited by the
conservation easement.
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Mayor Maguire invited the property owners to address Council.
Bill Lieder, 4510 Thomas Lake Circle, addressed the Council. Mr. Lieder stated he had contacted the DNR
and received confirmation that his dock is within the allowed standards. Mr. Lieder acknowledged that
he did not contact the City prior to installing the wooden stairs and stated the improvements including
the wooden boards embedded in the trail were done to improve safety in reaching the dock.
Scott Peterson, 4500 Thomas Lake Circle, addressed the Council. Mr. Peterson stated the recreational
opportunities of being on a lakefront was the main reason his family sought to purchase their home. Mr.
Peterson added that he has been actively involved in managing buckthorn on the property. He added
that the actual area comprised by the steps and dock are a small percentage of the total easement area.
Councilmember Bakken expressed concern that the City’s allowance of the encroachments would
devalue the conservation easements. He added that there may be a way to still allow the structures
while adding conditions to reinforce the premise of the conservation easement.
Mayor Maguire stated the encroachment at 4510 seemed to be less invasive than the 4500
encroachment. The Mayor also acknowledged the property owners did not appear to comply with the
City’s permitting requirements.
Director Hutmacher responded to a question from Council and stated the permitting process would
have likely identified the presence of the conservation easement.
Councilmember Hansen mentioned the presence of stairs could potentially offer some erosion control
benefits, potentially creating an avenue for the Council to consider allowing the structure to remain as
part of a restoration and management plan.
Director Matthys concurred the embedded boards and the wooden steps at both properties likely help
prevent erosion that would occur if the route were used without them.
Councilmember Bakken stated the structure at 4500 seemed to go beyond the level of structure
required from an erosion control standpoint. He added a similar standard should be used for the
encroachments.
Director Matthys repeated the list of items that Council referenced as items to be included in a
restoration and management plan, including installation of native plants, erosion control, creation of
native habitat, and removal of buckthorn, and asked for confirmation from Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to work with
the applicant at 4510 Thomas Lake Circle to develop an encroachment agreement and create a
restoration and management plan at the property owner’s expense and to bring the plan back to
Council for review within 4 months. Aye: 5, Nay: 0. Motion carried.
Mayor Maguire noted the lighting on the stairs should be retained only to the level it allows for safety
on the stairs and does not add to light pollution around the lake. Additionally, no additional structures
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June 21, 2022
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or expansion of the current structure should be allowed, outside of that required to meet current City
code as part of obtaining any required permit.
Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to work with
the applicant at 4500 Thomas Lake Circle to develop an encroachment agreement and create a
restoration and management plan at the property owner’s expense and to bring the plan back to
Council for review within 4 months. Aye: 5, Nay: 0. Motion carried.
Mayor Maguire thanked the applicants for attending.
VII.NEW BUSINESS
PRELIMINARY SUBDIVISION and VARIANCE – Parkside –
Robert Machacek – 4940 and 4980 Dodd Road
Administrator Miller introduced the item and invited City Planner Schultz to provide more information.
City Planner Schultz noted a similar request came before Council in March but was withdrawn by the
applicant. The applicant is now proposing a subdivision to allow 26 single family lots. Schultz outlined
the requested variances involving 6 lots for lot width and 5 of those same lots for lot width. Schultz also
outlined the variance requests for cul-de-sac length and setback to an existing cell tower.
Mr. Machacek was present and addressed the Council.
Councilmember Supina inquired of the applicant the public benefit to support the variance for the six
lots that do not comply with R-1 standards.
The applicant responded no, clarifying the variance requests relate to the difficulties of the site.
Mayor Maguire clarified that when multiple variances are requested, it is in the form of a Planned
Development which requires demonstration of public benefit. The request for variances in similar
instances is not the traditional practice. Mayor Maguire asked the applicant to outline the challenges of
developing the site and conforming to the R-1 standards.
The applicant stated there are challenges with the road stubs left too high, presence of wetlands, and
Dodd Road not being a through street; those three created constraints with the property. Additionally, a
portion of the property lies within the City of Rosemount.
Councilmember Fields voiced concern of the future development of Outlot A [parcel located in
Rosemount] and extension of a road to 120th Street.
Mayor Maguire asked why Dodd Road couldn’t be extended to allow for larger lots that met
requirements.
Director of Public Works Director Matthys explained there are difficulties involving the existing wetland
and design of stormwater infrastructure.
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The applicant introduced John Molinaro, Pioneer Engineering. Mr. Molinaro detailed the challenges to
collect and direct stormwater to the State Highway [3].
Councilmember Bakken asked City Attorney Bauer whether the applicant could request to bring a future
application forward reducing the number of lots and compliance with R-1 standards.
City Attorney Bauer stated the Council must act on the application before it, but if the Council denied
the application, there would be a limitation on how soon the applicant could return with a new
application. The applicant could alternatively choose to withdraw the application.
Mayor Maguire called for public comment. Hearing none, the Mayor returned the conversation to
Council.
The Mayor stated the variance related to the cell phone tower was understandable, but the variances
requested for lot sizes and widths did not align with the Council’s views on these items in the past.
Adding the difficulties in street grade were on the northeast portion of the property, and relief is not
justified in the southern portion of the property. The Mayor suggested the applicant approach
Rosemount regarding possibilities to incorporate the 2 acres as part of the development.
Councilmember Hansen stated the applicant’s concerns seemed to be economic in nature.
Councilmember Fields suggested the applicant work with the City of Rosemount to consider stubbing
Dodd Road [extension] to allow for additional lots, but Dodd Road should not connect to 120th Street.
City Attorney Bauer suggested an access restriction easement could be utilized.
Mayor Maguire indicated Council was unlikely to act on the variances [for lot width and size] and asked
the applicant if he wanted to continue.
The applicant stated he would prefer to continue it and work on revising the plat. City Planner Schultz
suggested July 19 as a suitable meeting date to continue the item.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to continue the item to the
July 19 meeting. Aye: 5, Nay: 0. Motion carried.
VIII.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
IX.ECONOMIC DEVELOPMENT AUTHORITY
There were no EDA items.
X.ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
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XI.VISITORS TO BE HEARD
There were no visitors to be heard.
XII.CLOSED SESSION
There were no items for closed session.
XIII. ADJOURNMENT
Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 9:25 p.m.
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Date
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Mayor
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City Clerk
July 5, 2022