11/21/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
November 21, 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 Monday, November 21, 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 Hansen 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 November 6 Regular Meeting.
B. Personnel Items:
1. It was recommended to accept the resignation of Brooke Hendrickson, Police Officer,
and authorize replacement.
2. It was recommended to accept the resignation of William Haggerty, Police Officer, and
authorize replacement.
3. It was recommended to approve the Memorandum of Agreement regarding Juneteenth
holiday between the City of Eagan and the Law Enforcement Labor Services Local #185 –
Sergeants.
4. It was recommended to approve the resolution authorizing Kelly Lambert to sign a
settlement agreement on behalf of the City Council.
5. It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
• Allison Fischer (Caswell) ECC Guest Services Rep
• Kevin Foley ECC Guest Services Rep
• Renee Vigness-Green ECC Guest Services Rep
• Maxwell Helmueller ETV Production Crew
• William Nielsen ETV Production Crew
• Piper Mellenthin Guest Services Rep
• Jacob Tipple Rink Attendant
• William Johnson Rink Attendant
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November 21, 2023
Page 2
• Brylee Koenck-Proeung Rink Attendant
• Zachary Martin Rink Attendant
• Seth Kolehmainen Rink Attendant
• Nolan Peterson Rink Attendant
• Molly Hed Rink Attendant
• Henry Heinlein Rink Attendant
• Logan Kolehmainen Rink Attendant
• Alex Lachenmayer Rink Attendant
• Griffin Schultz Rink Attendant
• Ryan Danich Rink Attendant
• Lydia Negussie Youth Art Instructor
C. It was recommended to ratify the check registers dated November 3 and 10.
D. It was recommended to approve the following ordinary and customary contracts:
1. Agreement with AVI systems for ETV support
2. Work Order with Oertel Architects for River Valley Acres Site Development
Study
3. Ice Rental Agreement with ISD196 for 2023-2024
E. It was recommended to adopt a resolution to accept the following donations:
• $2,000 from Sam’s Club for the Shop with a Cop Program. The funds will be transferred
into revenue account number 1104.4663 for accounting purposes.
• $900 from the Eagan Citizens Crime Prevention Association for the purchase of a
refrigerator for the Explorer Program. The funds will be transferred into revenue
account number 1134.4663 for accounting purposes.
F. It was recommended to schedule a public hearing for December 12, 2023 to consider fees
and charges for 2024 as presented in the City of Eagan Fee Schedule.
G. It was recommended to approve the final payment for Contract 23-02 (2023 Street
Revitalization) in the amount of $482,879.77 to Bituminous Roadways, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
H. It was recommended to receive the bids for Contract 24-03 (Lexington – Storm Sewer Lift
Station Rehabilitation), award a contract to Geislinger & Sons, Inc. for the total bid in the
amount of $470,000.00 and authorize the Mayor and City Clerk to execute all related
documents.
I. It was recommended receive the bids for Contract 21-14 (River Valley Acres - Drainage
Improvements and Erosion Restoration), award a contract to Minnesota Dirt Works, Inc. for
the base bid in the amount of $213,393.25 and authorize the Mayor and City Clerk to
execute all related documents.
J. It was recommended to receive the bids for Contract 24-08 (2024 Water Quality
Improvements), award a contract to Peterson Companies for the base bid in the amount of
$485,702.00 and authorize the Mayor and City Clerk to execute all related documents.
K. It was recommended to approve Change Order No. 1 for Contract 21-15 (North and South
Water Treatment Plants Improvements) and authorize the Mayor and City Clerk to execute
all related documents.
L. It was recommended to schedule a public hearing for December 12 to consider the ADA
Transition Plan.
M. It was recommended to approve an On-Sale and Sunday Liquor License for Game Time Bar
and Grill, Inc doing business as Scratch Pizzeria located at 3450 Pilot Knob Road.
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November 21, 2023
Page 3
V. PUBLIC HEARINGS
VARIANCE – Jack & Nicole Chase – 1026 Wescott Court
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz provided a site map and staff report regarding the variance request.
Planner Schultz noted the applicant was present to answer any questions.
Mayor Maguire asked the applicant if he had anything to add. Mr. Chase stated he had nothing else to
add and was available for questions.
Mayor Maguire called for public comment on the variance item. Hearing none, the Mayor returned the
conversation to Council for additional conversation and motion.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Variance of 897
square feet to the maximum 2,000 square foot building coverage standard to allow for a two-level porch
addition to the single-family home upon property located at 1026 Wescott Court, subject to conditions
of the staff report. Aye: 5, Nay: 0. Motion carried.
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the council. Such extension
shall be requested in writing at least 30 days before expiration and shall state facts showing a good
faith attempt to complete or utilize the use permitted in the variance.
2. A Building Permit shall be required prior to construction of the addition.
PROPERTY TAX ABATEMENTS for the issuance
of General Obligation Tax Abatement Bonds
City Administrator Miller introduced the item and invited Tammy Omdahl, advisor with Northland
Securities to provide a brief presentation and answer questions from the Council.
Mayor Maguire inquired about the purpose for identifying the parcels for the abatement. Ms. Omdahl
stated the identified properties were those whose city taxes in sum is equivalent to the amount needed
to service the bonds, or to pay the yearly principal. Ms. Omdahl added that there is no other connection
between the properties and the purpose of the bonds.
Mayor Maguire called for public comment on the variance item. Hearing none, the Mayor returned the
conversation to Council for additional conversation and motion.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a resolution
relating to a tax abatement, TEFRA hearing, and General Obligation Tax abatement bonds; granting the
abatement and approving the issuance of the bonds. Aye: 5, Nay: 0. Motion carried.
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November 21, 2023
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VI. OLD BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT -
Metcalf Park/Pulte Homes/Paul Heuer – 2250 Diffley Road
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz provided a location map and staff report. Schultz noted some of the
significant changes made to the Concept Plan since the item was postponed in July, and again in
September. City Planner Schultz noted the applicant, Paul Heuer, was in the audience and was available
for questions.
Mr. Heuer provided a brief presentation to the Council and discussed the site plan revisions. The
number of apartments was reduced from 280 to 260, the senior building was rotated to better
accommodate the flow of traffic, the empty nest twin homes were increased from 40 to 46, and the
public park size was increased from 1.4 to 1.8 acres. Mr. Heuer also noted other minor site changes.
Mayor Maguire asked whether the applicant had a sense of what deviations would be requested in the
future. Mr. Heuer responded that there were many factors at play, and it was too early to know. The
applicant confirmed that on the south of the property, they exceed setback requirements so no
deviations would be necessary in that instance.
Mayor Maguire inquired about affordability of the apartment units. Brian Bachman, Enclave
Development, noted their projects always have some “naturally occurring” units that meet 70-80% AMI.
Mayor Maguire inquired if any of the proposed twinhomes would meet affordability thresholds. The
applicants responded that its difficult to apply AMI thresholds to owner-occupied housing.
Councilmember Supina inquired the purpose of the road on the west side of the property. Public Works
Director Matthys responded that staff recently learned the road was right-of-way provided by MNDOT
to the City as part of the Cedar Avenue freeway construction. Staff believed it was a private drive
previously maintained by the School District or the private development in Burnsville. Director Matthys
indicated that future conversations with the City of Burnsville may be needed regarding future access
and utilities extension for the properties.
Councilmember Bakken also questioned the need for the road and voiced concerns of serving only
properties located in Burnsville. Councilmember Bakken added the developer should continue
discussions with the CDA regarding the ability to add affordable housing to the project.
Mayor Maguire called for public comment on the proposal.
Mary Larsen, 4318 Metcalf Drive, moved into the neighborhood 47 years ago and does not want to see
another Cinnamon Ridge development. She questioned why tear down the property that is so beautiful
to build another area that looks just like Cinnamon Ridge.
Brian Larson, 4309 Metcalf Drive, moved into the neighborhood 27 years ago and would like to see a
study of how the development would impact neighboring properties. A loan program could be
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November 21, 2023
Page 5
administered for home improvement loans to help offset negative impacts. Is the goal to raise or lower
the AMI?
Diana Marcus, 2211 White Water Way, asked whether the developers purchased the property. There
aren’t many differences between the current site plan and previous versions. Adding an apartment
building with more people is going to increase crime. Having a development this large with only one
entry and exit is dangerous, would like to see a traffic study. Not interested in having a lower AMI,
voiced concern about property values.
Adam Wilkens, 4303 Metcalf Drive, lives at the house that looks directly into the trail. Will the City be
taking care of the section of trail property on the north side of Metcalf Drive. Also worried about traffic
speeds on Metcalf Drive and pedestrian safety at the intersection. Would rather not see affordable
housing.
Mayor Maguire thanked the public for their comments and asked staff to respond to questions.
Community Development Director Hutmacher responded that AMI, or area median income, was
considered on a regional scale. A majority of the apartments in the development would be affordable to
a household at 80% AMI, or household income at $94,650. Some units would be affordable to
households at 60% AMI, or $74,520.
Mayor Maguire provided additional clarification regarding the term AMI.
Regarding the question if the developer has already purchased the site, and if so, when will the traffic
study be completed. Director Hutmacher indicated that there is usually a due diligence period before
purchase. Mayor Maguire added that typically in a real estate transaction there would be a contract and
purchase price for the land until the entitlements are in place to pursue the development.
Director Matthys summarized the process when a traffic study and a detailed development plan would
be submitted for review potential impacts and mitigation options. City Planner Schultz added that an
Environmental Assessment Worksheet (EAW) would provide additional information to be considered
before the project would be accepted.
Council and staff discussed what steps will need to occur before the long-term future of the unnamed
north/south road is determined.
Administrator Miller restated the question regarding a housing valuation study.
Director Hutmacher stated she was not aware of any studies that showed a decline in housing values
adjacent to affordable housing. Mayor Maguire added it would be unlikely that values would decrease
due to the age of the homes in the area, it was more likely that values would increase as a result of new
construction in the area.
Administrator Miller restated the question regarding maintenance of the public trail.
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November 21, 2023
Page 6
Public Works Director stated the school district has maintained the trail connecting to Metcalf Road.
Council and staff discussed City maintenance of a private trail and City’s policy regarding winter trail
maintenance.
Administrator Miller stated two other questions regarding the safety of the trail connection at Metcalf
Road. Mayor Maguire noted those matters will be addressed in the future.
Councilmember Bakken requested that when the proposal returns to Council, an explanation of the
city’s options for the portion of roadway to the south of the property be provided.
Councilmember Fields noted her position on the matter noting her support of the applicant’s changes to
the concept plan.
Councilmember Hansen noted his support of the revised concept plan, namely the inclusion of single-
level twin homes.
Councilmember Supina noted his support citing the City’s need for a mix of housing types.
Mayor Maguire noted he was hoping for deeper commitment to affordable housing and asked for those
conversations to continue. The Mayor lauded the developer for the changes to the concept plan and the
naturally occurring affordable units within the multi-family. He added the transition from south to north
should be considered when the project returns.
Mayor Maguire called for a motion.
Councilmember Hansen moved, Councilmember Fields seconded a motion to direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation
of approximately 34.5 acres from Quasi-Public (QP) to Medium Density (MD) upon approximately 18.3
acres, High Density (HD) upon approximately 14.4 acres and Parks Recreation and Open Space (P) upon
approximately 1.8 acres located at 2250 Diffley Road, the former John Metcalf Middle School. The
property is unplatted and located in the northwest quarter of the northwest quarter of Section 30. Aye:
4, Nay: 1. Motion carried.
VII. NEW BUSINESS
There were no items for new business.
VIII. OTHER BUSINESS
There was no other business.
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
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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 Supina seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 8:10 p.m.
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Date
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Mayor
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City Clerk
December 12, 2023