08/01/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
August 1, 2022
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, and Supina. Councilmember Hansen was absent.
A regular Eagan City Council meeting was held on Monday, August 1, 2022, at 6:30 p.m. Present were
Mayor Maguire, Councilmembers Bakken, Fields, and Supina. Councilmember Hansen was absent. Also
present: City Administrator Miller, Assistant City Administrator Alig, City Attorney Bauer, Community
Development Director Hutmacher, City Planner Schultz, and Public Works Director Matthys.
I.ADOPT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 4, Nay: 0. Motion carried.
II.RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
III.CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
agenda as presented. Aye: 4, Nay: 0. Motion carried.
A.It was recommended to approve the revised minutes of the July 5, 2022 Regular City Council
Meeting and the minutes of the July 19, 2022 Regular City Council Meeting.
B.Personnel Items:
1.It was recommended to approve the hiring of Lamar Wallace for the position of full-time
Custodian.
2.It was recommended to approve the hiring of an Accountant I – Utility Billing, to be
named.
3.It was recommended to accept the resignation of Mike McIntee, ETV Executive Director
and authorize replacement.
4.It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
•Angelin Nalitan Building Attendant I
•Abigayle Chapman Lifeguard/Pool Attendant
•Elijah Stende Building Attendant I – Skate School
C.It was recommended to ratify the check registers dated July 15, 2022 and July 22, 2022 as
presented.
D.It was recommended to approve the following ordinary and customary contracts:
1.Independent Contractor Agreement with Brad Benn for services at Eagan Art House
2.Independent Contractor Agreement with Dash Sports LLC for services at Eagan
Community Center
3.Vendor Agreement with Ken Ullery for Old Fashioned Holiday event
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August 1, 2022
Page 2
4. Independent Contractor Agreement with Red Raven Yoga LLC for services at Eagan
Community Center
5. Independent Contractor Agreement with Kristina Olson for The Heart of Music Fall
Camp
6. Independent Contractor Agreement with Twin Cities Magic Academy for the Fall Magic
Camp
7. Contract with Clear Channel Outdoor for use of Billboards for PSA
8. Promotional Sponsorship with Allina Health Aetna for Eagan 50+ Seniors event
E. Item Pulled From Agenda
F. It was recommended to adopt a resolution approving a Premise Permit for the Eagan High
School Football Booster Club to conduct lawful gambling at Kitchen and Rail, 3344
Promenade Ave # 100.
G. It was recommended to approve a temporary on-sale liquor license and waive the license
fee for Faithful Shepherd Catholic School’s Septemberfest on September 23-24, 2022 at
3355 Columbia Drive.
H. It was recommended to schedule a public hearing for September 6, 2022 to consider final
assessment of the delinquent utility bills and certify them to Dakota County for collection
with property taxes.
I. It was recommended to schedule a public hearing for September 6, 2022 to consider final
assessment of the delinquent nuisance abatement bills and certify them to Dakota County
for collection with property taxes.
J. It was recommended to approve contract with MP Nexlevel LLC for fiber extension to Well 8
project.
K. It was recommended to approve contract with AEI Construction Inc for fiber extension to
Denmark Lift Station and Eagan Civic Arena projects.
L. It was recommended to approve Change Order No. 1 and Final Payment of $41,380.00 for
Contract 21-13 (City-Owned Streetlight Improvements) and authorize the Mayor and City
Clerk to execute all related documents.
M. It was recommended to approve the final payment for Contract 21-28 (Gun Club Road
Sanitary Sewer Expansion) in the amount of $16,046.14 to Minter Construction Co., Inc an
accept the improvements for perpetual City maintenance subject to warranty provisions.
N. It was recommended to approve the final payment for Contract 21-30 (Diffley Road (CSAH
30) and Rahn Road – Street Light Improvements) in the amount of $32,498.00 to Egan
Companies and accept the improvements for perpetual City maintenance subject to
warranty provisions.
O. It was recommended to approve the final payment for Contract 22-10 (2022 Sewer Lining) in
the amount of $35,501.17 to Insituform Technologies USA, LLC and accept the
improvements for perpetual City maintenance subject to warranty provisions.
P. It was recommended to receive the bids for Contract 22-26 (Hittner Pointe Storm Sewer),
award a contract to BKJ Land Co. dba BKJ Excavating for the base bid in the amount of
$51,907.75 and authorize the Mayor and City Clerk to execute all related documents.
IV. PUBLIC HEARINGS
There were no items for public hearing.
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August 1, 2022
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V. OLD BUSINESS
There were no items for Old Business.
VI. NEW BUSINESS
CONDITIONAL USE PERMITS – Northwest Respiratory Services/Billy Morgan,
Northwest Respiratory Services – 1243 Eagan Industrial Road
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz stated the applicant is seeking Conditional Use Permit approval for
outdoor storage of an oxygen tank and 32 delivery vehicles as part of a medical grade oxygen
distribution facility. City Planner Schultz highlighted details of the proposal as outlined within the staff
report.
The applicant, Dan Williams, was present and addressed the Council. The company is owned by Eagan
residents, and the business would bring 90 jobs to the proposed site.
Councilmember Bakken inquired if oxygen tanks would be stored overnight in the delivery vehicles.
Mr. Williams responded the trucks are loaded in the morning, the tanks are delivered during the day and
return empty.
Councilmember Bakken asked if the tank is similar to one Council approved several years ago.
City Planner Schultz affirmed that the tank is similar.
Mayor Maguire inquired if the parking lot could be resurfaced prior to being restriped.
The applicant stated he believes the lot is still functional and the tenant was not planning to resurface at
this time.
Mayor Maguire asked staff for clarification regarding the city’s definition of unacceptable pavement
conditions.
City Planner Schultz stated staff would inspect the site periodically for noticeable deterioration and
erosion into the public right of way.
Mayor Maguire called for members of the public seeking to comment on the item. Hearing none, he
returned the discussion to Council for a motion.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Conditional
Use Permit to allow outdoor storage of a liquid oxygen tank for property located at 1243 Eagan
Industrial Road on lots legally described as Lots 4 through 7, Block 2, Eagandale Center Industrial Park,
subject to the conditions listed in the APC minutes. Aye: 4, nay: 0. Motion carried.
Subject to the following conditions:
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August 1, 2022
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1.This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council.
2.The full site (legally described as Lots 4 through 7, Block 2, Eagandale Center Industrial Park)
shall be platted into one lot within one year of Conditional Use Permit approval. Unless
terminated, revoked or amended, all approvals and conditions shall transfer to the newly
created lot.
3.The tank storage shall be limited to one oxygen storage tank, 8-feet in diameter by 24-feet in
height per the Site Plan received on June 28, 2022.
4.A building permit shall be required for tank installation.
5.The tank shall be protected with a security fence and cement bollards.
6.The subject site shall provide on-site parking as indicated on site plan received June 28, 2022. All
parking areas shall be striped in accordance with site plan.
7.This CUP shall supersede and replace all prior Conditional Use Permits previously issued to the
property prior to April 29, 2021.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow outdoor storage of 32 delivery trucks for property located at 1243 Eagan Industrial Road,
legally described as Lots 4 through 7, Block 2, Eagandale Center Industrial Park, subject to the conditions
listed in the APC minutes. Aye: 4, nay: 0. Motion carried.
Subject to the following conditions:
1.This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council.
2.The full site (legally described as Lots 4 through 7, Block 2, Eagandale Center Industrial Park)
shall be platted into one lot within one year of Conditional Use Permit approval. Unless
terminated, revoked or amended, all approvals and conditions shall transfer to the newly
created lot.
3.Truck storage shall be limited to no more than 32 delivery trucks operated by Northwest
Respiratory Services. Trucks shall be parked only within the designated truck parking area on the
bituminous surface as shown on site plan received June 28, 2022.
4.The subject site shall provide on-site parking as indicated on site plan received June 28, 2022. All
parking areas, including the outdoor storage area, shall be striped in accordance with site plan.
5.All parking and storage areas shall be properly maintained to prevent deterioration.
6.The site will be subject to periodic review by city staff for adequacy of drainage and
containment purposes. The first review will occur two years following approval of this permit
during which time the property owner shall provide a plan indicating future use of the gravel
area. If determined inadequate, the City of Eagan may require proper surfacing meeting all City
Code requirements.
7.All landscaped areas shall be maintained in good condition. All landscape beds shall be cleaned
and free of grass and weeds. Dead or dying landscape material shall be removed and replaced
and turf grass reestablished where turfgrass is missing of eroded.
8.Use of other areas of the site for outdoor storage is prohibited without approval of an
amendment to this Conditional Use Permit or a new Conditional Use Permit. At that time, City
will review and require compliance with all City Code requirements.
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9.This CUP shall supersede and replace all prior Conditional Use Permits previously issued to the
property prior to April 29, 2021.
PLANNED DEVELOPMENT AMENDMENT – Costco/Steven Cross,
Cross Engineering Associate, Inc. – 995 Blue Gentian Road
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz stated the applicant is seeking a Planned Development Amendment to
allow outdoor storage containers on the site Costco site between September through February annually
for the purposes of used tire storage. Planner Schultz provided additional information as outlined within
the staff report.
The applicant, Jesse Clochie, a representative from Costco, was present and available for questions.
Mayor Maguire asked whether the City has dealt with retail use of container storage in the past.
City Planner Schultz mentioned two recent examples of container storage in the City. Target is utilizing
containers to store product during store renovation and is tied to an active building permit. Hy-Vee
utilized storage containers during the pandemic, and the City granted some flexibility at that time. The
containers at Hy-Vee were later removed as a permanent pickup facility will soon be constructed.
Mayor Maguire stated the need for the storage containers seemed to indicate a lack of planning for
anticipated retail trends.
Councilmember Supina asked why the Eagan location necessitates the outdoor storage.
The applicant stated the Eagan location has set sales records and has grown at a faster rate than other
locations. The applicant added the available warehouse capacity for tire storage is much lower than at
other locations.
Councilmember Fields inquired on the frequency of tire pickup from the containers.
Mr. X stated the tires would be picked up weekly. The applicant added that increasing the frequency to
twice a week has proved difficult with the hauler.
Mayor Maguire called for members of the public seeking to comment on the item. Hearing none, he
returned the discussion to Council for additional conversation and a motion.
Councilmember Supina inquired how the application before the Council differed from an interim use
permit. City Attorney Bauer stated the application for a planned development amendment would be
permanent unless the Council added an additional condition that ended the use on a specified date.
Mayor Maguire inquired whether an interim use permit could be an alternative approach. City Attorney
Bauer confirmed, stating there was no difference in the outcome with either approach.
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August 1, 2022
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Mayor Maguire stated he would prefer the applicant had sought an interim use permit for the storage
containers rather than a planned development amendment. This would allow Costco to design a
permanent solution, such as adding warehouse capacity or a detached structure and return with a
planned development amendment at that time.
Mayor Maguire stated he would be comfortable with an interim use permit for one year to get Costco
through the upcoming season, but that Costco leadership must continue working with City staff in
seeking a permanent storage solution.
City Attorney Bauer suggested staff implement its 60-day extension and continue the item to the next
Council meeting to allow the applicant time to consult with their team. Bauer opined that an additional
public hearing would not be required.
The applicant confirmed the August 16th Council meeting would provide sufficient time to get approval
of the corporate team. The Mayor stated Council could continue the item to that meeting.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continued discussion of
the item to the meeting on August 16. Aye: 4, Nay: 0. Motion carried.
VII.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
VIII.ECONOMIC DEVELOPMENT AUTHORITY
There were no EDA items.
IX.ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
X.VISITORS TO BE HEARD
There were no visitors to be heard.
XI.CLOSED SESSION
There were no items for closed session.
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August 1, 2022
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XII.ADJOURNMENT
Councilmember Supina moved, Councilmember Fields seconded a motion to adjourn. Aye: 4, Nay: 0.
Motion carried. The meeting was adjourned at 7:19 p.m.
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Date
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Mayor
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City Clerk
August 16, 2022