09/06/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
September 6, 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, Hansen, and Supina.
A regular Eagan City Council meeting was held on Tuesday, September 6, 2022, at 6:30 p.m. Present
were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. Also present: City
Administrator Miller, Assistant City Administrator Alig, City Attorney Bauer, Community Development
Director Hutmacher, City Planner Schultz, Finance Director Feldman, and Public Works Director Matthys.
I.ADOPT AGENDA
City Administrator Miller requested the following addition to the Consent Agenda:
O.APPROVE Application to the United States Department of Transportation for the Safe Streets and
Roads for All (SS4A) Program
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda with
the addition of Item O to the Consent Agenda. Aye: 5, Nay: 0. Motion carried.
II.RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentation.
III.CONSENT AGENDA
Councilmember Bakken 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 August 8, 2022 Special City Council and
August 16, 2022 Regular City Council meetings.
B.Personnel Items:
1.It was recommended to approve the hiring of Magdy Ramzy for the position of full-time
custodian.
2.It was recommended to approve the hiring of Jenna Olson for the position of Water
Resources Manager.
3.It was recommended to approve the hiring of Kyle DuFrene for the position of Graduate
Engineer.
4.It was recommended to approve the promotion of Tou Lor from GIS Technician to GIS
Specialist and authorize replacement.
5.It was recommended to accept the resignation of William Haggerty, Police Officer and
authorize replacement.
6.It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
•Constance Saign-Piche Guest Service Representative
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September 6, 2022
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• Justin Carlyon Landscape Crew
• Zaylie Horkey Park Laborer- Seasonal
• Gavin Friese Park Laborer- Seasonal
• Aaron Schreiber Park Laborer- Seasonal
• Avery Herron Skate Instructor
• Rachel Agerter Skate Instructor
• Ava Garland Skate Instructor
• Emme Kielsa Skate Instructor
• Elena Schultz Skate Instructor
C. It was recommended to ratify the check registers dated August 12, August 19, and August
26, 2022.
D. It was recommended to approve the following ordinary and customary contracts:
1. Vendor Service Agreement with Eagan Women of Note for performance at holiday
event at Holz Farm
2. Agreement with Metropolitan Library Service Agency for services provided by the Eagan
Art House in November 2022 and March 2023
3. Independent Contractor Agreements with the following entities:
a. Julie Marie Muskat, LLC for services at Eagan Art Block on Saturday, September
10, 2022
b. Analog Dance Works for services at Eagan Art Block on Saturday, September 10,
2022
c. Mary Willmeng for services at Eagan Art Block on Saturday, September 10, 2022
4. Sponsorship Agreements with the following entities:
a. Allina Health Aetna for 50+ Seniors High Tea event on November 14, 2022
b. Humana for 50+ Seniors High Tea event on November 14, 2022
c. Senior Helpers of Burnsville for High Tea event on November 14, 2022 and
Members Only Holiday Luncheon on December 12, 2022
d. Sholom Community Alliance for High Tea event on November 14, 2022 and
Members Only Holiday Luncheon on December 12, 2022
E. It was recommended to approve a resolution to accept a donation for $580 from Dean and
Shelly Cambridge for a log bench at Thomas Lake Park.
F. It was recommended to approve a final payment for City Contract 21-25, Goat Hill
Refrigerated ice Rink, in the amount of $210,370 to All American Ice LLC and accept the
improvements for perpetual City maintenance subject to warranty provisions.
G. It was recommended to approve Change Order No. 1 for Contract 21-18 (Carlson Lake (Pond
LP-42) Water Quality Improvements) and authorize Mayor and City Clerk to execute all
related documents.
H. It was recommended to approve the final payment for Contract 21-05 (Yankee Storm Lift
Station – Rehabilitation) in the amount of $35,225.02 to McNamara Contracting and accept
the improvements for perpetual City maintenance subject to warranty provisions.
I. It was recommended to approve the final payment for Contract 21-29 (Sanitary Sewer Trunk
Line Inspection) in the amount of $114,940.00 to RedZone Robotics, Inc and accept the
inspection services as being satisfactorily completed.
J. It was recommended to continue the request by Oak Hills Church for a Variance to reduce
the number of required parking stalls for property located at 1570 Century Point to the
October 4, 2022 City Council Meeting.
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K.It was recommended to adopt a resolution authorizing the Chief of Police to sign-off as the
signatory for the city of Eagan to approve an agreement with Dakota County for an
embedded Social Services Worker and Police response.
L.It was recommended to approve the Contract with WEX/MHC for the management of the
City’s VEBA, FSA, & Dependent Care funds and authorize the Human Resources Director to
execute all necessary documents.
M.It was recommended to receive the bid for City Contract 22-05, Rahn Park Trail Connection
and award the contract to Max Steininger, Inc for the amount of $128,568.90 and authorize
the Mayor and City Clerk to execute all related documents.
N.It was recommended to approve a change of manager for the Off-Sale Liquor License to
Lunds Beverages, LLC doing business as Lunds & Byerlys Wines & Spirits.
O.It was recommended to approve an application to the United States Department of
Transportation (USDOT) for the Safe Streets for All (SS4A) Program and a resolution for a
commitment of eliminating roadway fatalities and serious injuries as part of a SS4A Action
Plan.
IV.PUBLIC HEARINGS
CERTIFICATION of Delinquent Nuisance Abatement Bills
City Administrator Miller introduced the item and stated the City has five properties with delinquent
false alarm invoices, amounting to a total assessable amount of $1,540. City Code allows for collection of
delinquent nuisance abatement bills through certification to property taxes. Finance Director Feldman
was available for questions.
Mayor Maguire opened the public hearing and called for public comment. Hearing none, the Mayor
returned the discussion to Council for discussion and motion.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and approve the final assessment roll for delinquent nuisance abatement bills and authorize its
certification to Dakota County. Aye: 5, Nay: 0. Motion carried.
CERTIFICATION of Delinquent Utility Bills
City Administrator Miller introduced the item and stated that similar to the previous item, City Code
allows for collection through certification of delinquent utility bills. The City currently has approximately
899 utility bills with delinquent balances, amounting toa total assessable amount of $305,288.13.
Notices have been published in the legal newspaper and letters were sent to all affected property
owners.
Councilmember Hansen asked whether staff were aware of the circumstances for the addresses with
large unpaid balances, which appeared to be business addresses.
Director Feldman responded that staff have been in contact with the customer to troubleshoot the
issue, which may also be caused by a higher-than-normal usage.
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Mayor Maguire opened the public hearing and called for public comment. Hearing none, the Mayor
returned the discussion to Council for discussion and motion.
Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing
and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota
County for collection with property taxes. Aye: 5, Nay: 0. Motion carried.
V. OLD BUSINESS
There were no items for Old Business.
VI. NEW BUSINESS
CERTIFICATION of Preliminary 2023 General Fund Budget and
Proposed Tax Levy and Setting of Public Meeting Date
City Administrator Miller introduced the item. Administrator Miller stated that as required by law, the
Council is required to certify the proposed payable 2023 General Fund Budget and Proposed Tax Levy on
or before September 30. After that time, the levy can be decreased but may not be increased.
Administrator Miller stated in the past, the City has worked to ensure the date of the Truth in Taxation
hearing does not conflict with the County’s tax hearing date, but at this time that date has yet to be set.
The City’s hearing is anticipated for Tuesday, December 6.
Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the
discussion to Council for discussion and motion.
Councilmember Supina moved, Councilmember Fields seconded a motion to approve the preliminary
payable 2023 tax levy as follows:
Operating $38,662,600
Capital $4,945,740
Abatement $16,500
Debt Service $2,037,798
Total levy $45,662,638
Aye: 5, Nay: 0. Motion carried.
Councilmember Supina moved, Councilmember Bakken seconded a motion to approve the preliminary
2023 General Fund budget, including contingency, of $48,321,800.
Councilmember Supina moved, Councilmember Bakken seconded a motion to set the date for the public
hearing of the Payable 2023 levy and budget as Tuesday, December 6. Aye: 5, Nay: 0. Motion carried.
Councilmember Supina moved, Councilmember Fields seconded a motion to make the following
announcement as required by the State: “The next regularly scheduled meeting at which the levy and
budget will be discussed is the City Council meeting of Tuesday, December 6 at 6:30 p.m. here in the
Council Chambers. The public will be allowed to speak at this meeting.” Aye: 5, Nay: 0. Motion carried.
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September 6, 2022
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APPROVE an Amendment to Chapter 5 Section 5.63 to Allow for
Licensed Brewers to Sell their Malt Liquor Product in Containers (cans, growlers, etc.)
in Accordance with MN Statute 340A
City Administrator Miller introduced the item. During the 2023 Minnesota Legislative Session, state
liquor regulations were amended creating a new off-sale license for small brewers allowing them to
package their malt liquor for off sale in cans or other containers in accordance with the requirements of
Minnesota Rules. Previously at the June 21, 2022 City Council meeting, the Council directed staff to
prepare amendments to City Code to bring the City’s Code regulations into compliance with the new
legislation.
Administrator Miller stated the proposed ordinance amendment to City Code would allow for small
brewers that hold a brewers off-sale malt liquor license to apply for the additional off-sale malt liquor
packaging license to sell up to 128 ounces per customer per day in approved packaging according to
State law.
Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the
discussion to Council for discussion and motion.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve an ordinance
amendment to City Code, Chapter 5, Section 5.63, regarding Small Brewer off-sale malt liquor license
and direct the City Attorney to publish an ordinance amendment summary. Aye: 5, 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
Two residents addressed the City Council with parking concerns on Marble Lane.
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XI.ADJOURNMENT
Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 6:27 p.m.
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Date
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Mayor
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City Clerk
September 20, 2022