08/05/2024 - City Council Regular
MINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
August 5, 2024
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Hansen and Supina.
A regular Eagan City Council meeting was held on Monday, August 5, at 6:30 p.m. Present were Mayor
Maguire, Councilmembers Bakken, Hansen and Supina. Also present: City Administrator Miller, City
Attorney Bauer, Public Works Director Matthys, Community Development Director Hutmacher, and City
Planner Dudziak.
II.ADOPT AGENDA
Councilmember Bakken moved, Councilmember Supina seconded a motion to adopt the agenda as
presented. Aye: 4, Nay: 0. Motion carried.
III.RECOGNITIONS AND PRESENTATIONS
IV.CONSENT AGENDA
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve the Consent
Agenda.
Aye: 4, Nay: 0. Motion carried.
A.It was recommended to approve the minutes from the July 2, 2024, and July 16, 2024, City
Council meetings.
B.Personnel Items:
1.It was recommended to accept the resignation of Ashleigh Sullivan, Assistant to the City
Administrator and authorize replacement.
2.It was recommended to approve the hiring of a Firefighter, to be named at a future City
Council meeting.
C.It was recommended to ratify the check registers dated July 12, July 19 and July 26.
D.It was recommended to approve the following ordinary and customary contracts:
1.Service agreement with AVI for Service Block of Time
2.Contract agreement with Michael Birawer for art installation at Eagan Police
Department in 2024
3.Amended State of Minnesota grant agreement for Pathways to Policing program
4.Service agreement with Trusted Metro Officials for adult basketball games referee
services
5.Vendor agreement with Diane Zilverberg to provide entertainment at Eagan Market
Fest
6.Vendor agreement with Badwolf Adventure Studios
7.Agreement with Piper Sandler, Investment Broker
8.Agreement with Independent School District 196 for Police Liaison Services
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August 5, 2024
Page 2
9.Agreement with Microsoft Software Volume Licensing package for 2024-2027
10.Service agreement with Metro Volleyball Officials Association for adult volleyball games
referee services
E.Itwas recommended to adopt a resolution accepting the following donations:
1.$2,000 from Eugene Dreyster for a memorial bench at Blackhawk Park
2.$250 from an Eagan resident for the Police Department Shop with a Cop program
3.$5,000 from Thomson Reuters to support the Police Department’s Youth Leadership
Academy—this is the fourth year the City has received this donation.
F.Item removed from agenda.
G.Item removed from agenda.
H.It was recommended to approve a temporary on-sale liquor license and waive the license
fee for Faithful Shepherd Catholic School’s SeptemberFest on September 20-21, 2024 at
3355 Columbia Drive.
I.It was recommended to approve a temporary on-sale liquor license and waive the license
fee for Church of St. Thomas Becket on September 14, 2024 at 4455 S. Robert Trail.
J.It was recommended to approve Change Order No. 1 for Contract 23-13 (Pond EP-2 (North
Lake) Outlet Control Structure Modifications) and authorize the Mayor and City Clerk to
execute all related documents.
K.It was recommended to receive the petition to vacate road easements on 1305 Towerview
Road and 1317 Jurdy Road (Moonshine Park) and schedule a public hearing to be held on
September 3, 2024.
L.It was recommended to receive the quotes for Contract 24-18 (2024 Traffic Signal and
Streetlight Painting) and award a contract to Bullfrog Industries, LLC, for the base quote in
the amount of $28,144.50 and authorize the Mayor and City Clerk, to execute all related
documents.
M.It was recommended to acknowledge the completion and authorize perpetual City
maintenance, subject to warranty provisions, of City Private Project 18-M (Manley Gun
Club).
N.It was recommended to authorize a variance to the Construction Activity Noise Regulations
to exempt Bituminous Roadways, Inc. for the resurfacing of Cliff Road (County State Aid
Highway 32), State Highway 13 to Interstate 35E, during the weeknight hours between
September 15 and September 30, 2024.
O.It was recommended to approve a Joint Powers Agreement for the administration and
distribution of the High Intensity Trafficking Area grant.
P.It was recommended to approve an On-Sale and Sunday Liquor License for Aimbridge
Hospitality, LLC doing business as Residence Inn Eagan located at 1560 Quarry Road.
Q.It was recommended to approve an Extension of time to record a Conditional Use Permit
upon a residential lot located at 1423 Kingswood Ponds Rd, legally described as Lot 4, Block
st
1, Kingswood Ponds 1 Addition.
R.It was recommended to schedule a public hearing for September 3, 2024 to consider final
assessment of the delinquent utility bills and certify them to Dakota County for collection
with property taxes.
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August 5, 2024
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V.PUBLIC HEARINGS
There were no items for Public Hearing.
VI.OLD BUSINESS
ORDINANCE AMENDMENT – An Ordinance Amendment to City Code, Chapter 3, Section 3.50
City Administrator Miller introduced the item and stated that the City Council previously directed that
surcharges be placed against utility billing accounts for those properties that either didn’t schedule a
program inspection or did not bring the identified deficiency into compliance within the time frame
prescribed. The Council’s established practice has required that original surcharges must be abated by
Council action. City Administrator Miller stated the current practice is posing some challenges for the
utility billing staff and customers. The proposed City Ordinance language would waive the requirement
for a formal appeal request and authorize the Public Works Director to abate surcharges, if a customer
has fewer than a set number of surcharges. City Administrator Miller stated that the proposed language
is included in the cover memo.
City Administrator Miller noted that Councilmember Hanson did point out a typo in the draft ordinance
and stated her appreciation for pointing out the typo, which has since been fixed in the packet.
City Administrator Miller stated that Public Works Director Matthys was available for questions by City
Council. There being no questions by Council, Mayor Maguire called for public comment on the item.
Hearing none, the Mayor returned the conversation to Council for additional discussion and action.
Councilmember Hanson moved, Councilmember Supina seconded a motion to approve an Ordinance
Amendment to Chapter 3, of City Code Municipal and Public Utilities by adding Section 3.50 regarding
granting the Public Works Director the authority to waive monthly surcharges. Aye: 4, Nay: 0. Motion
carried.
ORDINANCE AMENDMENT – An Ordinance Amendment to City Code, Chapter 3, Section 3.40, Sub. 11
City Administrator Miller introduced the item addressing the rules and regulations related to sewer
service. The proposed City Ordinance language would exempt food service establishments that have been
determined will not discharge fats, oils and greases (FOG) and authorize the Public Works Director to issue
exemptions to such businesses.
City Administrator Miller stated that Public Works Director Matthys was available for questions by City
Council. There being no questions by Council, Mayor Maguire called for public comment on the item.
Hearing none, the Mayor returned the conversation to Council for additional discussion and action.
Councilmember Supina moved, Councilmember Bakken seconded a motion to approve an Ordinance
Amendment to Chapter 3, of City Code Municipal and Public Utilities by amending Section 3.40 regarding
the Fats, Oils and Grease Discharge Prevention and Prohibitions Program and exemptions for food service
establishments. Aye: 4, Nay: 0. Motion carried.
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August 5, 2024
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VII.NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT – Acme Tools – Steve Kuhlman/Acme Tools
1271 Town Centre Drive
City Administrator Miller introduced the item and invited City Planner Dudziak to provide additional
information. City Planner Dudziak provided a staff report and location map and noted the Applicant is
proposing a specialty retail use, tool sales and rental along with modifications to the building elevations,
signage and site plan. The Applicant is asking to expand the allowable uses to include other similar
specialty retail. Planner Dudziak noted the reduced amount of parking, 127 versus 145. This being a
specialty retailer, staff does not anticipate that being any issue.
In summary, Planner Dudziak noted that the proposed changes to the planned development do appear
compatible with the surrounding area and meet the standards of City Code. Action to be considered is to
recommend approval of a planned development for expanding allowable uses and to modify building
elevations, signage, and site plan on the 2.5 acre site at 1271 Town Centre Drive. If approved, the
conditions contained in the Staff Report and Planning Commission Minutes should apply.
Mayor Maguire asked the applicant if they had anything to add to the staff presentation.
The applicant noted they were present for questions.
The Mayor called for members of the public to comment on the item. Hearing none, the Mayor returned
the conversation to Council for additional discussion and motion.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Planned
Development Amendment to allow for the expansion of allowable uses and to modify building
elevations, signage, and site plan, upon approximately 2.47 acres located at 1271 Town Centre Drive,
subject to the following conditions:
Aye: 4, Nay: 0. Motion carried.
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
•Building Elevations Plan
•Signage Plan
2.This Amendment retains retail grocery and adds retail tool store and other specialty retail such as
but not limited to hardware, liquor, shoe, sporting good, craft, hobby or furniture stores as
allowable uses. Future uses proposed on this site may require a Planned Development
Amendment if determined by City staff to be a significant departure from these examples.
3.A Building Permit shall be obtained for the interior build-out and exterior modifications.
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August 5, 2024
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4. Signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to
installation of any signs.
VIII.OTHER BUSINESS
IX.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
X.ECONOMIC DEVELOPMENT AUTHORITY
XI.ADMINISTRATIVE AGENDA
XII.VISITORS TO BE HEARD
XIII.ADJOURNMENT
It was noted that National Night Out was to be held on August 6, 2024, which is why the City Council
meeting was held on August 5, 2024.
CouncilmemberHansenmoved, CouncilmemberBakken seconded a motion to adjourn. Aye: 4, Nay: 0.
Motion carried. The meeting was adjourned at6:41 p.m.
08/20/2024
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Date
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Mayor
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City Clerk