09/19/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
September 19, 2023
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 19, at 6:30 p.m. Present were
Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Supina. Also present: City Administrator
Miller, City Attorney Bauer, Community Development Director Hutmacher, Public Works Director
Matthys, and City Planner Schultz.
II. ADOPT AGENDA
Councilmember Bakken moved, Councilmember Fields 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 Supina seconded a motion to approve the Consent
agenda. Aye: 5, Nay: 0. Motion carried.
A. It was recommended to approve the minutes of the September 5 City Council Meeting.
B. Personnel Items:
1. It was recommended to accept the resignation/retirement of Tracy Harrell, Police
Officer and authorize replacement.
2. It was recommended to approve the hiring of a Firefighter, to be named.
3. It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
• Cynthia Olson Art Instructor
• Donald (Bruce) Johnson Pickleball Instructor Assistant
• Anissa Mediger Pickleball Instructor Assistant
• Brian Hughes PT Custodian
C. It was recommended to ratify the check registers dated September 1 & 8.
D. It was recommended to approve the following ordinary and customary contracts:
1. Entertainment for Art Block Event, Momentary Certainties
2. Sponsorship Agreement with Stonehaven of Eagan Senior Living for 50+
Holiday Lunch on December 18, 2023
3. Water Quality Cost Share and Maintenance Agreement with Michael and
Holly Grunklee for water quality improvements at 3570 Wescott Woodlands
at Wetland DP-29.1
4. Agreement with Dakota County Technical College for snowplow training
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5. Sponsorship Agreement with Eagan 50+Seniors for Murder Mystery on
September 21, 2023
6. Minnesota Valley Photography Club Annual Agreement
E. It was recommended to adopt a resolution to accept the following donations:
• $25 Visa gift card from Brian Scott on behalf of the Eastview Athletic
Association to be used for recreation program supplies
F. It was recommended to receive the Draft Final Assessment Report for Project 1488
(Coachman Road/Four Oaks/Coachman Oaks – Street Improvements) and schedule a public
hearing to be held on October 17, 2023.
G. It was recommended to receive the Draft Final Assessment Report for Project 1490
(Duckwood Drive and Lexington Place – Street Improvements) and schedule a public hearing
to be held on October 17, 2023.
H. It was recommended to receive the Draft Final Assessment Report for Project 1491 (Slater
Road – Street Improvements) and schedule a public hearing to be held on October 17, 2023.
I. It was recommended to receive the Draft Final Assessment Report for Project 1492 (Wescott
Road and Elrene Road – Street Improvements) and schedule a public hearing to be held on
October 17, 2023.
J. It was recommended to receive the Draft Final Assessment Report for Project 1493 (Cedar
Cliff 1st – 3rd – Street Improvements) and schedule a public hearing to be held on October
17, 2023.
K. It was recommended to receive the Draft Final Assessment Report for Project 1494 (Drexel
Heights – Street Improvements) and schedule a public hearing to be held on October 17,
2023.
L. It was recommended to receive the Draft Final Assessment Report for Project 1496 (Murphy
Farm – Street Improvements) and schedule a public hearing to be held on October 17, 2023.
M. It was recommended to receive the Draft Final Assessment Report for Project 1497
(Opperman Drive – Street Improvements) and schedule a public hearing to be held on
October 17, 2023.
N. It was recommended to receive the Draft Final Assessment Report for Project 1498 (Pilot
Knob Heights – Street Improvements) and schedule a public hearing to be held on October
17, 2023.
O. It was recommended to receive the Draft Final Assessment Report for Project 1499 (Rustic
Hills/Post/Oster and Kennerick 2nd – Street Improvements) and schedule a public hearing to
be held on October 17, 2023.
P. It was recommended to receive the Draft Final Assessment Report for Project 1501 (Silver
Bell Road – Street Improvements) and schedule a public hearing to be held on October 17,
2023.
Q. It was recommended to receive the Draft Final Assessment Report for Project 1502
(Woodgate 1st – Street Improvements) and schedule a public hearing to be held on October
17, 2023.
R. It was recommended to approve the final payment for Contract 22-11 (Schwanz Lake -
Storm Lift Station Rehabilitation) in the amount of $33,775.75 to S.M. Hentges & Sons Inc.
and accept the improvements for perpetual City maintenance subject to warranty
provisions.
S. Item Pulled from Agenda
T. It was recommended to receive the bids for Contract 23-15 (Evergreen Park Utility
Inspection Pilot Program), award a contract to Vortech Hydro Vac, Inc. for the base bid in
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the amount of $33,676.50, and authorize the Mayor and City Clerk to execute all related
documents.
U. It was recommended to approve an Encroachment Agreement (Drainage and Utility
Easement) for the property at Lot 16, Block 4 Wenzel Addition (4127 Cashell Glen).
V. It was recommended to Accept recommendation of outside legal counsel (Super Law Group,
LLC, Weitz & Luxenberg, P.C., and Zimmerman Reed LLP) regarding coal tar sealant litigation.
W. It was recommended to amend the 2023 Equipment Revolving Fund CIP budget in the total
amount of $105,200 (increase of $10,700) for the purchase of radio encryption software for
Fire Radios.
X. It was recommended to adopt the 5-Year Capital Improvement Plan (CIP) for Parks
Infrastructure (2024 – 2028) and Authorize the Implementation of the 2024 programmed
improvements.
Y. It was recommended to reschedule the Regular City Council meeting from December 5,
2023 to December 12, 2023.
Z. It was recommended to schedule a public hearing for October 3, 2023 to consider Ordinance
Amendment to City Code Chapter 10 regarding use of cannabis in public spaces.
AA. It was recommended to direct preparation of an ordinance amendment to City Code
Chapter 11 regarding residential programs and emergency shelters/housing.
BB. It was recommended to accept a grant from the Metropolitan Regional Arts Council in the
amount of $13,200 for Flexible Support for arts activities in Eagan Parks and Recreation
through May 30, 2024.
V. PUBLIC HEARINGS
There were no items for public hearing.
VI. OLD BUSINESS
CERTIFICATION of the Preliminary 2024 General Fund Budget and Property Tax Levy and Setting of
Public Meeting Date on which the Budget and Levy will be Discussed
City Administrator Miller stated the certification of the budget and levy was already approved by
Council. However, due to the resignation of Minnesota House Representative Ruth Richardson, a Special
Election has been called on December 5, thus requiring the City to move its meeting to December 12.
State Law requires Council to read the action aloud, and staff are asking Council to comply noting the
new hearing date of December 12.
Councilmember Bakken moved, Councilmember Fields seconded a motion to motion to approve the
preliminary payable 2024 property tax levy as follows:
Operating $ 40,972,400
Capital 5,405,590
Abatement 17,000
Debt Service 2,438,479
Total Levy 48,833,469
Further, to approve the preliminary 2024 General Fund budget, including contingency, of $52,337,700.
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Further, to set the date for the public hearing of the Payable 2024 levy and budget as Tuesday,
December 12.
Further, to make the following announcement as required by State of Minnesota:
“The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council
meeting of Tuesday, December 12 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.
COMPREHENSIVE GUIDE PLAN AMENDMENT – Metcalf Park –
Pulte Homes/Paul Heuer - 2250 Diffley Road
City Administrator Miller introduced the item and noted the applicant is requesting the land use change
from public facilities to medium and high density to allow redevelopment of the former school site with
residential uses. At the July 11 Council meeting, the Council continued the request to this meeting to
allow the applicant time to address questions and concerns The applicant has informed staff they have
made progress but are requesting additional time and a postponement to the November 21 City Council
meeting. As a reminder, at the meeting on the 21, the action will be to request staff to submit the land
use change to the Met Council for review.
The applicant, Paul Heuer was present for questions. Councilmember Bakken asked for an explanation
for the request for additional time.
Mr. Heuer addressed the Council and stated he was not prepared to discuss the different approaches
the development team has been considering, as it is still very fluid.
Mayor Maguire called for members of the public who wished to speak on the item. Seeing none, the
Mayor returned the conversation to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the applicant’s
request to postpone further discussion of this item to the November 21, 2023, City Council meeting.
Councilmember Bakken stated while he understood the sensitive or fluid nature of the design process, it
would have been helpful to have some information regarding the need for the extension. He added he
would not be willing to support future requests for extension and is hoping the Council will make a
decision on November 21.
Mayor Maguire called for a vote. Aye: 5, Nay: 0. Motion carried.
VII. NEW BUSINESS
There were no items for new business.
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VIII.OTHER BUSINESS
There was no other business.
IX.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
X.ECONOMIC DEVELOPMENT AUTHORITY
There were no items for the EDA.
XI.ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
XII.VISITORS TO BE HEARD
There were no visitors to be heard.
XIII. ADJOURNMENT
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 6:45 p.m.
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Date
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Mayor
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City Clerk
October 3, 2023