05/02/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
May 2, 2023
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, May 2nd, at 6:30 p.m. Present were Mayor
Maguire, Councilmembers Bakken, Hansen, Fields, and Supina. Also present: City Administrator Miller,
Assistant City Administrator Alig, City Attorney Bauer, Public Works Director Matthys, Community
Development Director Hutmacher, and Finance Director Feldman.
II.ADOPT AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as
presented. Aye: 5, Nay: 0. Motion carried.
III.RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
IV.CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
agenda. Aye: 5, Nay: 0. Motion carried.
A.It was recommended to approve the minutes of the April 18 Regular City Council Meeting.
B.Personnel Items:
1.It was recommended to approve the resignation of Jonathan Moore, Recreation
Supervisor, and authorize replacement.
2.It was recommended to approve the promotion of William Henk from Code
Enforcement Technician to Senior Property Maintenance Inspector, and authorize
replacement for Property Maintenance Inspector.
3.It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
•James Mattson Adult Hockey League Ref
•Jon Columbus Custodian I PT - ECC
•Joshua Brown Deck Coordinator
•Holly Schendel Guest Relations Coordinator
•Eliza Hutmacher Guest Relations Crew
•Ashley Molina Guest Relations Crew
•Levi Zimmerman Guest Relations Crew
•Grady Barnidge Guest Relations Crew
•Rebecca (Ren) Teuber Guest Relations Crew
•Ian Masterson Guest Relations Crew - Sub
•Raeyi Hadgu Guest Relations Crew
•Stone Larson Lifeguard
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Page 2
• Lucille Turfler Lifeguard
• Ethan Schumacher Lifeguard
• Bailey Schmidt Lifeguard Sub
• Ryan Danich Park Laborer - Seasonal
• Aaron Schreiber Park Laborer - Seasonal
• Will Thome Park Laborer - Seasonal
• Samuel Schachtman Park Laborer - Seasonal
• Owen Haberstroh Pool Attendant
• Carter Bedell Pool Attendant
• Elise Congemi Pool Attendant
• Dylan Otte Rec Leader - Camp ECC
• Rebecca Moran Rec Leader - Camp ECC
• Hiba Rahman Rec Leader - Camp ECC
• Benjamin Hoffman Rec Program Specialist
• Julia Peterson Rec Team Lead
• Brianna Raabolle Rec Team Lead
• Sydney Bahma Rec Team Lead
• Sam Goetz Rec Team Lead
• Olivia Supina Rec Team lead
• Paige Peterson Rec Team Lead
• Margaret Olson Rec Team Member
• Kaley Riley Rec Team Member
• Anna Feggestad Rec Team Member
• Kiera Kivel Rec Team Member
• Ibrahim Way Rec Team Member
• Hilary Sanchez Rec Team Member
• Jenna Cook Rec Team Member
• Gabriel Yin Rec Team Member
• Alexander Thome Rec Team Member
• Mikhail Gebeyehu Spark Team Lead
• Eric Sorensen Spark Team Lead
• Berit Cummings Stormwater Intern
• Andrew Stower Stormwater Intern
• Arlan Hegenbarth Utility GIS Worker
• Zachary Sirek Utility Maint - Seas
• Benjamin Fjeld Utility Seasonal
• Leif Nelson Water Resources Intern
• Kelsey Smulski Waterpark Operations Assistant
C. It was recommended to ratify the check registers dated April 14, 2023.
D. It was recommended to approve the following ordinary and customary contracts:
1. Amended agreement with ASH Fitness for Benefit Program compensation rates at the
ECC
2. Sponsorship Agreement with Costco-Eagan for various events in 2023
3. Vendor Service Agreement with Mik Mart Ice Cream for ice cream truck presence at Big
Rig Rally
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Page 3
4. Vendor Service Agreement with Joah's Arc for petting zoo during Holz Farm Harvest
Festival
5. Contract with Next Request to provide an online portal for the public to submit records
requests
E. It was recommended to adopt a resolution to accept a donation in the amount of $1,500
from the Eagan Citizens Crime Prevention Association to support the Cops and Bobbers
event.
F. It was recommended to approve professional services agreement with JLG Architects for
planning and design improvements for the Eagan Art House and authorize the Mayor and
City Clerk to execute all related documents.
G. It was recommended to approve a contract with Harris Mechanical to provide and install a
new exhaust fan for the mechanical room at Cascade Bay and amend budget to account for
expense.
H. It was recommended to approve a manager change of the Off-Sale Liquor License issued to
Lund Beverages, LLC doing business as Lunds & Byerly’s Wine & Spirits located at 1299
Promenade Place.
I. It was recommended to proclaim May 21 through May 27, 2023, as Public Works Week, and
authorize the Mayor and City Clerk to execute all related documents.
J. It was recommended to proclaim June 2023 as Eagan Lakes Appreciation Month and
authorize the Mayor and City Clerk to execute all related documents.
K. It was recommended to receive the bids for Contract 23-01 (Neighborhood Street
Revitalization) and award a contract to McNamara Contracting, Inc. for the base bid in the
amount of $3,181,565.95 and authorize the Mayor and City Clerk to execute all related
documents.
L. It was recommended to receive the bids for Contract 23-05 (2023 City-Owned Streetlight
Improvements) and award a contract to Taylor Electric Company for the base bid in the
amount of $141,226.00 and authorize the Mayor and City Clerk to execute all related
documents.
M. It was recommended to receive the petition to vacate public drainage and utility easements
on Lot 2, Block 1 Cedar Industrial Park (1950 Seneca Road), and Easement Document No.
404398, and schedule a public hearing to be held on June 6, 2023.
N. It was recommended to approve an on-sale 3.2 percent malt liquor (beer), wine and Sunday
wine license for the Italian Pie Shoppe, 1438 Yankee Doodle Road.
O. It was recommended to approve a temporary on-sale liquor license and waive the license
fee for the Eagan Hockey Association on August 12, 2022 at 1501 Central Parkway.
P. It was recommended to approve an On-Sale and Sunday Liquor License for The Rack Shack
BBQ, LLC doing business as Rack Shack BBQ.
Q. It was recommended to approve an On-Sale and Sunday Liquor License for Hope Eagan LLC
doing business as Hope Breakfast Bar
R. It was recommended to declare miscellaneous City property as surplus.
V. PUBLIC HEARINGS
Final Assessments for Projects 1438, 1439, 1440, 1442, 1444, 1445, 1446, 1447, 1448
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Mayor Maguire introduced the item and stated the separate projects would be combined into a single
presentation. Public Works Director Matthys provided information about the nine street revitalization
projects completed in 2022, which impacted 830 properties across a central portion of the city. The total
cost of these projects is slightly over $5 million. About $1.2 million of the project costs were assessed to
properties and the City covered the remaining $3.9 million. Director Matthys reviewed the assessment
schedule.
Mayor Maguire referenced the assessment ratio for neighborhood parks is shown as being 50% of mill
and overlay costs, with the city paying the other 50%. The Mayor inquired whether this meant the City
was assessing itself for that portion of the cost. Director Matthys stated the City was effectively
assessing itself. Councilmember Bakken inquired if the park was privately held, whether the 50%
responsibility would hold true. Director Matthys responded yes.
Mayor Maguire called for public comment. Seeing none, he returned the conversation to Council for
additional discussion and a motion.
Councilmember Supina moved, Councilmember Bakken seconded a motion to close the public hearing
and approve the Final Assessment Reports for Project 1438 (Town Centre - Street Improvements),
Project 1439 (Dodd Rd/Oak Bluffs - Street Improvements), Project 1440 (Perron Acres- Street
Improvements), Project 1442 (Thomas Centre Drive - Street Improvements), Project 1444 (Galaxie
Avenue – Street Improvements), Project 1445 (Cedar Grove Pkwy/ Silver Bell Rd/ Alder Ln), Project 1446
(Forest View – Street Improvements), Project 1447 (Deerwood Drive – Street Improvements) and Project
1448 (Wescott Road - Street Improvements) and authorize their certification to Dakota County for
collection. Aye: 5, Nay: 0. Motion carried.
Councilmember Hansen noted that the 2022 projects came in under the original estimate and
questioned whether this would happen again in 2023. Director Matthys stated it was a possibility due to
inflation being incorporated into the estimates, but it was still possible that some may go over.
VI. OLD BUSINESS
There were no items for Old Business.
VII. NEW BUSINESS
Artworks Eagan – Request for Relief from the Recorded Covenants, Conditions, and Restrictions
Agreement – 3795 Pilot Knob Road
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. The applicant is requesting to allow Great Lakes Neurobehavioral Center, a pediatric and
adolescent psychological and neurological service, to occupy the office as an allowed use. The applicant
was present for questions.
Councilmember Bakken referenced the plat map and inquired about the strip of land to the south. He
asked whether it was owned by the City as part of the old city hall or if it was part of Artworks Eagan?
City Planner Schultz stated the parcel is owned by Artworks Eagan.
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Mayor Maguire inquired about the language in proposed amendment to the covenant. The Mayor asked
whether, if adopted, the property would be open for all medical office uses in the future, or if the
amendment would restrict uses to the narrow scope of psychological and neurological services.
City Planner Schultz stated there was an intention to be specific to this particular user, and that medical
offices more broadly would not qualify.
Mayor Maguire called for a representative of Great Lakes Neurobehavioral Center to provide an
explanation of the services offered.
Dr. Chris Boys was present and addressed the Council. Dr. Boys stated GLNC provides assessments on
cognitive function. None of the staff are MDs and there are no nurses on staff. Treatment and
interventions are referred out. There’s no medical waste or labs on site. Patients are typically in the
clinic for around 5 hours for a full assessment. Traffic is about 1 assessment per provider per day with
about 6 providers on site.
Mayor Maguire stated the 56 parking stalls identified in the proof of parking, and that it seemed high
given the number of providers and patients on site each day.
City Planner Schultz responded that the applicant stated they planned to onboard additional clinicians in
the future. Additionally, the 56 stalls are based on a calculation for a traditional medical office (based on
net office area).
Mayor Maguire called for public comment.
Sean Boodoo, 1411 Kingswood Ponds, addressed the Council. Mr. Boodoo stated he lives directly behind
the building and is here with some other neighbors to support the facility. Mr. Boodoo stated the
neighborhood had created a list of proposed conditions. Mr. Boodoo encouraged Council to include the
proof of parking as part of the approval. Mr. Boodoo reviewed the proposed conditions for Council’s
consideration.
The Mayor called for additional comments. Hearing none, the Mayor returned the conversation to the
Council for additional discussion and motion.
Councilmember Supina asked whether Council would need to include proof of parking options in a
motion.
City Planner Schultz stated it was up to Council to include the proof of parking as part of the motion.
Councilmember Supina stated the second entrance may be needed for access for large vehicles such as
garbage trucks. Councilmember Supina stated he was not inclined to do no parking sign given it was
unlikely the lot would fill.
Councilmember Supina inquired of the applicant whether there would be instances when a child is at
the facility without a parent. Dr. Boys responded that parents are not allowed to leave the facility during
the assessments.
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Councilmember Bakken inquired whether the property always had two entrances. He added that it
makes sense to close off access as depicted in proof of parking option 2.
Mayor Maguire stated he was supportive of the use and agreed with the proof of parking option 2. He
noted he wasn’t inclined to support no parking signs in the neighborhood didn’t see a need for
additional screening as there are plenty of existing trees.
Councilmember Fields stated she was fully supportive. Councilmember Fields inquired of the applicant
what the operating hours were. Dr. Boys stated the hours were 8-5, with one provider that would offer
some services into the 6-7pm hour.
Bill Krech, F430 Investments LLC, and owner of Total Construction and Equipment, was called up to
respond Councilmember Fields’ question regarding his affiliation with the construction company. Mr.
Krech explained he owns many companies but sits on the Great Lakes board and he is acting as an
investor regarding purchase of the building.
Councilmember Supina stated he would prefer to not address proof of parking in the motion. Mayor
Maguire countered that there was no harm in including it, that it doesn’t preclude future decisions
related to closing entrances to the property. Council agreed that proof of parking option two should be
included with the revised covenants.
Councilmember Fields moved, Councilmember Bakken seconded a motion to direct the City Attorney to
prepare a modification to the recorded Covenants dated August 15, 2017, for the property at 3795 Pilot
Knob Road (currently ArtWorks Eagan) to allow a pediatric and adolescent psychological and
neurological office as the primary use of the property. Aye: 5, Nay: 0. Motion carried.
Planned Development Amendment – Home Depot/John Chescavage –
3220 Denmark Avenue
Administrator Miller introduced the item and invited City Planner Schultz to provide more information.
City Planner Schultz presented a site map and overview of the project. He noted the Planning
Commission held a public hearing on April 25 regarding the item and recommended approval with
exception to strike condition nine.
The applicant was present and provided an overview of the current outdoor storage on the site.
Mayor Maguire inquired on the meaning of hydrocarbon capture.
Director Matthys responded that it’s a water quality enhancement process to prevent contaminants
from entering the stormwater system.
The Mayor inquired whether landscaping along the western side was a requirement.
City Planner Schultz responded yes, that some of the trees were damaged and would provide screening
from the public street.
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Mayor Maguire called for public comment. Hearing none, the Mayor returned the conversation to
Council for additional discussion and motion.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to modify areas of outdoor storage and display upon property located at
3220 Denmark Avenue, legally described as Lot 1, Block 1, Lexington Second Addition, subject to the
conditions listed in the APC minutes deleting condition nine. Aye: 5, Nay: 0. Motion carried.
Subject to the following conditions:
1. An Amendment to the Planned Development Agreement shall be executed, in a form acceptable to
the City Attorney, and recorded against the property within 90 days of City Council approval. The
Agreement shall include the following exhibits:
• Site Plan
2. This Planned Development Amendment supersedes and replaces the 2000, 2004, and 2009 PD
Amendments.
3. The enclosure for the shopping carts shall be constructed of a masonry material to match the
building.
4. Rental equipment adjacent to the front of the building shall be relocated consistent with the
approved Site Plan.
5. The duration of seasonal outdoor storage and the seasonal greenhouse in the outdoor sales area
shall be allowed for a duration of four months between April 1 and July 31 annually.
6. The seasonal greenhouse shall be located as shown on the approved Site Plan and is permitted only
between April 1 and July 31 each year.
7. A building permit shall be obtained for construction of the seasonal greenhouse each year.
8. The seasonal greenhouse shall only house plants and related gardening items.
9. The seasonal storage of garden center products along the east side of the lot shall consist only of
bagged items, no storage of bulk products shall be allowed.
10. Inserts for hydrocarbon, debris & sediment capture shall be installed and maintained in the storm
sewer catch basins in the parking lot along the east side of the building, in a manner acceptable to
the City Engineer.
11. The following areas shall be brought into conformance with the approved Site Plan by June 30,
2023:
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May 2, 2023
Page 8
a) Remove carts, racking, pallets, and other miscellaneous items from behind the building.
b) Relocate the roll-off and other dumpster to within the loading/service area, or within an
enclosure meeting City Code standards (see Section 11.70, Subd. 21.D.7)
c) Remove shipping container from the site.
d) Contain all garden storage items within the fenced seasonal sales area, or along the east side of
the site as shown on the approved Site Plan.
e) Remove/relocate all rental equipment items from the area adjacent to the building to inside the
building or within the designated rental equipment outdoor storage area.
12. Pruning of damaged trees shall be completed by June 30, 2023. Any necessary plant replacements
and additional landscape screening shall be installed along the west edge of the rental equipment
storage area shall be installed by September 30, 2023.
13. The contractor storage enclosure on the north side of the building shall be constructed by
September 30, 2023.
14. The fence enclosure shall effectively contain and screen the stored materials, and the type and
height of the proposed fence shall be identified on a revised Site Plan for incorporation into the PD
Amendment Agreement.
15. To ensure that the north service drive remains open and unobstructed, the curb opposite the
contractor storage enclosure shall be designated and signed as a “no parking” area.
16. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with
pedestrian safety, vehicular movement, emergency access, and existing business activities.
17. The Owner shall maintain in good repair all lighting, signage, landscaping, building and paved
surfaced installed on the Property.
18. A copy of the approved Site Plan shall be on file within the Manager’s Office of the subject store.
Conditional Use Permit – Amazoom/Melissa Bloom – 1230 Eagan Industrial Road
City Administrator Miller introduced the item and invited City Planner Schultz to provide a site map and
staff report of the proposal. City Planner Schultz presented a site map and overview of the request,
which would allow the outdoor storage of 40 fleet vans to accommodate their delivery service.
Councilmember Supina inquired whether the delivery vans fit into a standard parking stall.
City Planner Schultz responded yes, they are standard, passenger vehicles.
Mayor Maguire confirmed the conditional use is for the property not the business. The Mayor inquired
whether the owner was working on a tree planting plan.
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May 2, 2023
Page 9
City Planner Schulz stated the City forester met with the property owners on the site and a tree planting
plan is included as condition seven.
Mayor Maguire inquired whether parking on the rest of the site would be sufficient if the rest of the
building is leased.
City Planner Schultz responded the office portion of the facility would likely be reduced in the future
which would further reduce the parking demand on the site.
Councilmember Hansen inquired whether tree removal was due to diseased ash trees.
City Planner Schultz stated that most were removed due to disease.
The applicant was present and addressed the Council and stated she was supportive of the landscaping
requirement being included as a condition.
Mayor Maguire called for public comment. Hearing none, the Mayor returned the conversation to
Council for additional discussion and motion.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit to allow outdoor storage of a fleet of 40 vans, upon property located at 1230 Eagan Industrial
Road, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay:
0.Motion carried.
Subject to the following conditions:
1.The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval.
2.The property owner shall replat the parcels into one lot by December 31, 2023.
3.Outdoor storage of up to 40 vans shall be permitted in the location as delineated on the Site
Plan received March 15, 2023.
4.The outdoor storage shall be used solely by the tenant of the principal building. No subleasing of
outdoor storage areas shall be permitted.
5.The fleet of vehicles shall be kept licensed and operable at all times.
6.If the use of the building changes, or overflow parking becomes an issue in the future, the
outdoor storage area shall be reevaluated by city staff and modified to accommodate minimum
required off-street parking.
7.The property owner shall submit a Planting Plan to replace the missing landscaping on site,
suitable to the City Forester, no later than July 1, 2023. The planting plan may be phased over a
three year period.
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May 2, 2023
Page 10
VIII.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
IX.ECONOMIC DEVELOPMENT AUTHORITY
There were no items for the EDA.
X.ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
XI.VISITORS TO BE HEARD
There were no visitors to be heard.
XII.ADJOURNMENT
Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 7:50 p.m.
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Date
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Mayor
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City Clerk
May 16, 2023