09/12/2023 - City Council SpecialMINUTES OF A SPECIAL MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
September 12, 2023
A Special City Council Meeting was held on Tuesday, September 12, 2023 at 5:30pm in the Eagan Room.
City Councilmembers present: Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Supina.
City staff present: City Administrator Miller, Assistant City Administrator Alig, Parks & Recreation
Director Pimental, Parks Superintendent Fleck, Recreation Manager Mozingo, Assistant Parks &
Recreation Director Flewellen, Finance Director Feldman, Police Chief New, City Planner Schultz, and
Community Development Director Hutmacher.
I.ROLL CALL AND ADOPTION OF THE AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt the agenda. Aye: 5,
Nay: 0. Motion carried.
II.VISITORS TO BE HEARD
There were no visitors to be heard.
III.JOINT MEETING WITH ADVISORY PARKS AND RECREATION COMMISSION (APrC)
Mayor Maguire welcomed Parks & Recreation Director Pimental and invited the Commission members
to introduce themselves. Parks Superintendent Chris Fleck presented the Parks Capital Improvement
Plan (CIP). Mayor Maguire inquired about the gap in revenue and expenditures. Staff explained the need
for a healthy fund balance in order to maintain cash flow.
Recreation Manager Tanya Mozingo provided an overview of the Art House project and previewed
renderings and a possible site plan. Mozingo also discussed the Goat Hill Pavilion and the Shelter
Building.
Assistant Parks Director Flewellen provided an update on the ECC Study. Staff expect the final report to
be completed in the coming weeks. After that point staff would work with a design team to explore
implementation.
The Council expressed support for the 5-year CIP and encouraged staff to continue moving forward.
IV.COMP GUIDE AMENDMENT: CONCEPT PLAN REVIEW (BCBS SITE)
City Administrator Miller introduced the item and explained the purpose of the discussion was to
provide feedback to the applicant on the concept plan and noted that no decision was required.
City Planner Schultz provided a brief overview of the concept plan. The applicant and property owner
were present to share additional details and seek feedback from the Council. Councilmembers discussed
the plan and provided input on the concept.
V.RESIDENTIAL CARE FACILITIES DISCUSSION
Special City Council Meeting
Page 2
City Administrator Miller stated the conversation tonight was to help provide direction to staff as the
City has been approached regarding land uses that are currently not within the Zoning Code. City
Planner Schultz summarized staff’s research of other cities’ approaches to intensive residential
treatment service (IRTS) facilities and emergency shelters.
The Council expressed a preference to allow IRTS facilities for up to 16 people in high (R-4) density
zoning districts but not in medium (R-3) zoning districts. Some concerns were shared with allowing IRTS
facilities in Neighborhood Business (NB) zoning districts. The council expressed support for amending
the zoning code to include a definition of emergency shelter facilities and limiting them to only
commercial zoning districts.
The Council also discussed whether to allow residential program facilities or emergency shelters within
the Public Facilities zoning district.
Staff would return to Council with draft code amendments at a future workshop for further discussion
before approval at a regular Council meeting.
VI. PROPOSED CANNABIS POLICY
City Administrator Miller introduced the item and invited Assistant City Administrator Alig to provide
additional information. Alig explained as of August 1, cannabis use is allowed in public and private
spaces, unless local jurisdictions take action to regulate use in public spaces. Based on conversations
with public safety and the City Attorney’s office, the ordinance proposed prohibits cannabis use in public
spaces.
Councilmember Bakken stated while he could understand the language would make enforcement
cleaner, but he pointed out that individuals are already potentially exposed to tobacco smoke, which is
legal in public spaces. Bakken also noted that owners of multifamily rental housing could prohibit using
cannabis in the building, leaving tenants with limited options to use cannabis legally, where residents in
single family homes could use cannabis without fear of being evicted.
Mayor Maguire stated he was supportive of regulating cannabis, tobacco, and alcohol in as similar way
as possible.
Councilmember Bakken added that violation of the ordinance as written resulting in a petty
misdemeanor would create implications for federal employees, as cannabis is not legal federally. Bakken
stated he would not want a local ordinance cause somebody to lose a federal job for participating in
something that has been decriminalized at the state level.
Mayor Maguire asked Chief New to speak to the enforcement mechanisms for the ordinance as it is
written. Chief New stated the enforcement for petty misdemeanors was typically complaint driven. The
ordinance serves as a mechanism for the officer who does respond to the complaint in asking an
individual to move along.
Mayor Maguire stated he suspects use of alcohol and cannabis already occurs in public spaces such as
parks and most of the time, the City does not hear about it because the individuals are not disturbing
anyone. The Mayor added that ultimately that was the goal of the ordinance, to allow use to occur so
long as others ability to use spaces is not disturbed.
Special City Council Meeting
Page 3
Councilmember Supina inquired whether edibles could be removed from the restrictions as they do not
pose a nuisance due to smoke.
Mayor Maguire opined that consumption of edibles in a public space could still cause a nuisance.
Councilmember Supina stated he would support removing edibles and cannabis beverages from the
ordinance and adding language to regulate these within the section of City Code relating to alcoholic
beverages.
Chief New responded to a question regarding the public safety response to an individual who is
intoxicated. The Chief responded that we are still in the early stages of decriminalization, it remains to
be seen.
Councilmember Hansen inquired whether other cities were taking similar approaches. City Attorney
responded Apple Valley adopted a total ban, as well as Lakeville. Councilmember Hansen added that the
resident feedback he’s received was supportive of a ban in public spaces.
The ordinance would be brought back for a formal Council decision at a future Council meeting.
VII.OTHER BUSINESS
There was no other business.
VIII.ADJOURNMENT
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting.
Aye: 5, Nay: 0. Motion carried.
The meeting was adjourned at 8:30 p.m.
______________________
Date
______________________
Mayor
______________________
City Clerk
October 3, 2023