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10/07/2025 - City Council RegularCity Council Meeting Minutes Date: October 7, 2025 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 7, 2025 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Supina, Hansen, Bakken and Fields. A regular Eagan City Council meeting was held on Monday October 7, 2025, at 6:30 p.m. Present were Mayor Maguire, Councilmembers Supina, Hansen, Bakken and Fields. Also present: City Administrator Miller, City Attorney Bauer, Public Works Director Matthys, Community Development Director Hutmacher and City Planner Schultz. II. ADOPT AGENDA Councilmember Bakken moved and Councilmember Fields seconded a motion to adopt the agenda as presented. Aye 5:, Nay 0 ; Motion Carried III. RECOGNITIONS AND PRESENTATIONS A. Recognize Eagan TV’s Receipt of Three National Association of City Administrator Miller introduced Communications Director Sara Horwath, who recognized ETV Manager Hailee Boston and highlighted ETV’s work in sharing the stories of the Eagan community. Hailee thanked ETV staff members Kevin, Josh, and Greg, as well as volunteers Joe and Max, for their contributions. Mayor Maguire congratulated Hailee and the ETV team, expressing appreciation for their outstanding work on behalf of the City. B. Recognize Julie Andersen Upon Her Retirement Parks and Recreation Director Andrew Pimental and Superintendent Tanya Mozingo expressed their gratitude for Julie’s 18 years of service to the City of Eagan. Tanya thanked Julie for her dedication to ensuring that all residents feel welcome and have access to the arts. Julie addressed the Council and staff, expressing appreciation for their kind words and support throughout her tenure. The Mayor and Councilmembers thanked Julie for her contributions to the city. 2 City Council Meeting Minutes October 7, 2025 IV. CONSENT AGENDA Mayor Maguire called for any members of the public wishing to request separate action on agenda items. Item H and item J were pulled for additional comments. Item H Mayor Maguire invited Director Matthys to provide information on the proposed noise abatement wall grant opportunity via MnDOT. Matthys explained that several noise walls have been constructed along I-35E and that MnDOT conducts regular noise analyses across the metro area to assess noise levels and cost-benefit factors. Eagan currently has two eligible areas west of City Hall where annual requests have been submitted for MnDOT’s Noise Abatement Grant Program. MnDOT has suggested combining the two wall segments into a single project. With Council approval, staff would proceed with the application process. Under the program, MnDOT would fund 90% of the project cost, with the City responsible for the remaining 10%. Construction is anticipated to begin in 2032. Resident Jeanine Harris of Lakeshore Terrace raised concerns regarding the potential removal of shrubbery and trees during construction. Matthys noted that landscaping considerations would be addressed during the design phase, expected in 2030. Item J Mayor Maguire invited Director Matthys to present the item regarding a partnership with Great River Energy. Matthys explained that Council is being asked to approve an easement agreement to allow continued operation of Well 15 located on Great River Energy property. Great River Energy has reconfigured power lines and fencing at their own expense to accommodate the City’s needs, resulting in a significant cost savings. The City expressed appreciation for their partnership and contributions to the community. Councilmember Hansen moved and Councilmember Fields seconded, a motion to approve the balance of the Consent Agenda. Aye: 5, Nay, 0; Motion Carried. A. It was recommended to approve the following meeting minutes: • August 11, 2025 Special City Council Meeting Minutes • September 16, 2025 Regular City Council Meeting Minutes 3 City Council Meeting Minutes October 7, 2025 • September 2, 2025 Regular City Council Meeting Minutes B. There were no personnel items. C. It was recommended to ratify the following check registers: • Check Summary Week Ending September 12, 2025 • Check Summary Week Ending September 19, 2025 • Check Summary Week Ending September 26, 2025 D. It was recommended to approve the following ordinary and customary contracts: • Approve DWI Grant Agreement with MN Department of Public Safety • Adopt A Resolution Authorizing Commitment of Increased Funds to Support New Citation Software Program • Construction service agreement for Exterior Wall Repairs with Capital Masonry Restoration • Sponsorship Agreement with The Gardner School for Tree Lighting Event on December 2, 2025 • 2025-2026 ice time agreement with district 196 and City of Eagan • Agreement with Joe Kelly for Market Fest Performance on October 1, 2025 • Agreement with The Food Group for Market Bucks at the Indoor Market November 2025- April 2026 • Agreement with HRD Consulting to Provide Supervisors Training • Joint Powers Agreement with City of Eagan and City of Burnsville • Sponsorship Agreement with Wendy Woodbury (Realtor) for Senior Holiday Lunch on December 8, 2025 • Approve contract agreement through Sourcewell for the purchase of a Zamboni for the Civic Arena for 2026 and Authorize Finance Director Josh Feldman to sign documents on behalf of the city. E. It was recommended to APPROVE the following donations: • $101.00 from Various Donors from purchases at the Old Town Hall Fall Open House • $50 to be used for the Fee Options Program for Eagan Art House Activities Walmart from an Anonymous Donor • $2500.00 from Walmart for the Shop with a Cop Program • $2,000 from Stephanie Kennelly for a Park Bench Donation 4 City Council Meeting Minutes October 7, 2025 F. It was recommended to APPROVE Stipulation of Settlement (Adjourn to Closed Session for Questions / Comments) G. It was recommended to APPROVE Construction and Maintenance Agreement with and ACCEPT Public Roadway Easement from Soo Line Railroad Company (doing business as CPKC) H. It was recommended to APPROVE Resolution in Support of Grant Applications for MnDOT Noise Wall Program I. It was recommended to APPROVE Railroad Right of Entry Agreement with Progressive Rail J. It was recommended to APPROVE Easement Agreement with Great River Energy K. It was recommended to APPROVE Extended Working Hours – Project Nova Concrete Work L. It was recommended to APPROVE Encroachment Agreement, Outlot B and Outlot C, West Publishing Company 8th Addition M. It was recommended to APPROVE MnDOT Agreement/ Limited Use Permit N. It was recommended to RECEIVE Petition to Vacate Excess Public Right of Way adjacent to Metcalf School O. It was recommended to APPROVE Final Payment, Contract 22-02, 2022 Street Improvements P. It was recommended to RECEIVE Petition to Vacate Drainage & Utility Easements, Lots 1 & 2, Block 1, Woods of Witham Lane Q. It was recommended to RECEIVE Petition to Vacate Drainage & Utility Easements, Lots 1 & 2 and Parts of Lot 3, Block 1, Hilltop Plaza R. It was recommended to APPROVE Final Payment, Contract 25-18, Thomas Lake Alum Application S. It was recommended to AWARD Contract 25-17, Sanitary Trunk Inspection – Area 2 T. It was recommended to AUTHORIZE application to the Minnesota Department of Labor and Industry for the Building Official Training (BOT) Municipal Grant program. U. It was recommended to DECLARE miscellaneous City property as surplus V. It was recommended to Schedule a Public Hearing for October 21, 2025, to Certify Delinquent Lodging Tax Bills 5 City Council Meeting Minutes October 7, 2025 V. PUBLIC HEARINGS It is customary for the City of Eagan to vote on all proposed assessment rolls included in the annual Street Revitalization Project areas with one vote. Director Matthys provided a presentation outlining the individual project locations, total street mileage, estimated costs, assessment ratios, and specific assessment amounts. There were no visitors at the neighborhood meetings. One email correspondence was received expressing concern about an additional assessment for a parking stall; that issue has since been resolved. Mayor Maguire then opened the public hearing. Hearing no comments, Councilmember Fields moved and Councilmember Hansen seconded a motion to close the public hearing, approve the Final Assessment Reports and authorize certification to Dakota County for collection for the following: A. Project 1567, Cedar Industrial B. Project 1568, Golfview Drive C. Project 1570, Lakeside Estates D. Project 1572, Slater Acres/ Whispering Woods 1st & 2nd Aye:5, Nay:0; Motion Carried VI. OLD BUSINESS ORDINANCE AMENDMENT - Section 6.56 Cannabis and Hemp Retail Business Registration City Administrator Miller introduced the item and provided background on the proposed ordinance amendment. City Planner Schultz was available to answer questions. A question was raised regarding whether the spacing issue had been resolved. Schultz noted that a resolution may be reached before staff needs to take action and that an update would be provided before the next meeting. Mayor Maguire called for any members of the public wishing to comment on the item. Hearing none, Councilmember Supina moved and Councilmember Bakken seconded a motion to adopt an ordinance amendment to City Code Chapter 6, Section 6.56, regarding changes to local retail registrations. Aye:5, Nay:0; Motion Carried VII. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT – Club Car Wash/ Justin Barnes - A Planned Development Amendment to allow a commercial car wash located at 2250 Cliff Rd. 6 City Council Meeting Minutes October 7, 2025 Administrator Miller introduced the item and invited Planner Schultz to provide a location map and additional information. Schultz outlined the applicant’s proposed car wash development and noted that while residents had submitted comments related to traffic concerns, no residents attended the APC meeting, nor were any comments raised at the public hearing. Engineering staff reported to the APC that the proposed use would generate less traffic than the previous gas station use on the site. The applicant’s consultant was available for questions. A question was raised regarding the enclosed trash area and whether the trash hauler would block the road or trail during pickup. Schultz responded that there is sufficient space for the hauler to access and remove trash without obstruction. Mayor called for members of the public wishing to comment on the item. Hearing none Councilmember Fields moved and Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a commercial car wash upon approximately 1.1 acres located at 2250 Cliff Road, legally described as Lot 1, Block 1, Oak Cliff 6th Addition, subject to the conditions listed below. Councilmember Hansen noted his long-standing position on tunnel car washes opining there is a higher and better use for the property. Aye:4, Nay:1 (Hansen); Motion Carried 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office. The following exhibits shall be made part of the Agreement: • Site Plan • Building Elevations • Signage Plan • Landscape and Tree Mitigation Plan • Site Lighting Plan 2. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 7 City Council Meeting Minutes October 7, 2025 3. Individual trash receptacles shall be emptied as needed to prevent overflow, and at the end of each day. Any litter shall be picked up promptly and properly disposed of within the appropriate receptacles. All trash receptacles shall be kept in good repair and in accordance with the standards in City Code Section 10.01. 4. The vacuum stations and supporting trellis system and the associated individual trash receptacles shall all be the same color and match the color palette of the principal building. 5. The vacuums shall be available for operation only during the hours that the car wash is open and staffed. 6. The vacuum turbines shall be enclosed in a structure designed to be compatible with the principal building. 7. The applicant shall repair or correct in a timely and expedited manner any sustained high-pitched noises produced by the vacuum equipment that may be due to, but not limited to, faulty connections and failing devices. 8. A revised Building Elevations plan shall be provided for incorporation into the PD Amendment Agreement showing additional architectural elements for visual interest on the north elevation to meet City Code standards. 9. A Sign Permit shall be obtained prior to installation of any signs, and compliance with the City’s Sign Code will be confirmed at that time. 10. Rooftop equipment should be shown on the Building Elevations plan at the time of building permit application. 11. At least four three vehicle parking stalls and one accessible stall shall be provided and shown on a revised Site Plan at the time of building permit. 12. The vacuum turbines and enclosures shall be shown on the site plan at the time of application for building permit. 8 City Council Meeting Minutes October 7, 2025 13. The applicant shall fulfill tree mitigation requirements through the installation of six (6) Category B trees, or a cash amount of $3,000.00. 14. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 15. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 16. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 17. This development shall comply with the City’s Land Disturbance Stormwater Pollution Prevention and Post-Construction Stormwater Management Requirements (City Code Section 4.34) for stormwater management and surface water quality, including land disturbance requirements, and 1.1-inch Volume Control/water quality equivalent, for effective treatment of the site’s impervious surface area (including effective soil remediation for all of the site’s disturbed soils that are to be revegetated greenspace). 18. The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any underground stormwater detention and filtration facility inlet to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance 9 City Council Meeting Minutes October 7, 2025 equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 19. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide and include in the plan set all underground stormwater detention and filtration system details, including that a) unobstructed physical access via manhole will be provided to the underground detention and filtration system for inspection and maintenance, b) cross-sections and elevations of pipe/chamber network. Notes shall be provided that grading and utility contractor(s) shall provide 24-hours advance notice to City Water Resources staff of any grading or utility work involving the proposed underground detention and filtration system, including excavation, installation of pre-treatment structures, inlets, outlets, sump skimmer hoods, etc. Shop drawings related to the underground stormwater detention and filtration system must be provided to the City for review before installation. 20. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet BMP Quantity Tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24-hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. Detail shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E800. 21. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure 10 City Council Meeting Minutes October 7, 2025 proper operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. 22. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans meeting City requirements for as-built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (pre-treatment sumps, underground stormwater detention and filtration system, etc.), including greenspace soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 23. Existing storm sewer that is not to be used shall be removed or abandoned in a manner acceptable to the City Engineer. 24. The existing sanitary service shall be removed and capped at the right-of-way in a manner acceptable to the City Engineer. 25. The curb and gutter at the south access shall be removed and replaced with new full-height curb and gutter matching the curb and gutter along the private road in a manner acceptable to the City Engineer. 26. This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit, including but not limited to a city sewer and water permit. 27. The applicant shall provide a contractor parking and staging plan prior to issuance of a building permit, in a manner acceptable to the City Engineer. 11 City Council Meeting Minutes October 7, 2025 CONDITIONAL USE PERMIT – Coca Cola/ Charlie Morse - A Conditional Use Permit to allow 3 outdoor storage tanks located at 2750 Eagandale Blvd. Administrator Miller introduced the item and invited City Planner Schultz to provide additional information. Schultz gave a brief overview of the request, including its history and purpose. Schultz noted trees along Eagan Industrial Road, Eagandale Boulevard, and West Service Road have been removed or have died over time and that a condition of approval would require phased replanting plan. Councilmember Bakken asked whether the proposed request had been reviewed by the Fire Department and met fire code requirements. Fire Chief Searle confirmed that the project meets all safety requirements. Councilmember Hansen moved and Councilmember Bakken seconded a motion to approve a Conditional Use Permit (CUP) to allow outdoor storage of three storage tanks upon property located at 2750 Eagandale Boulevard, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye:5, Nay:0; Motion Carried 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval. 2. This Conditional Use Permit allows the outdoor storage of three water treatment tanks as shown on the approved Site Plan dated August 19, 2025. 3. The tanks shall be painted to match the existing building. 4. The applicant shall apply for a building permit for the tanks. 5. The applicant shall apply for a building permit for the screening fence not to exceed ten feet in height. 6. The applicant shall submit a Planting Plan to replace removed trees, suitable to the City Forester, no later than January 1, 2026. The first phase of the Planting Plan shall be implemented within one year of the CUP approval date. 7. All plans for building permit submittal shall be prepared by and signed by a Professional Engineer and Architect licensed in the State of Minnesota. 12 City Council Meeting Minutes October 7, 2025 8. The applicant shall provide a complete fire/building code review for spill containment, maximum allowable quantities, and proper placarding/identification for the three proposed storage tanks with building permit submittal. 9. The applicant shall provide a narrative for how the tanks will operate and what each part of the system is for at time of building permit submittal. 10. The applicant shall submit any utility plans and apply for a sewer and water permit with the City in conjunction with the building permit submittal. 11. The applicant shall submit any access or parking modification plans with a building permit for review by the City’s Engineering Department. 12. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. VIII. OTHER BUSINESS IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XII. VISITORS STO BE HEARD (FOR THOSE PERSONS NOT ON THE AGENDA) XIII. CLOSED SESSION XIV. ADJOURNMENT 13 City Council Meeting Minutes October 7, 2025 Councilmember Bakken moved and Councilmember Hansen seconded a motion to adjourn the meeting. Aye:5, Nay, 0; Motion Carried. The meeting was adjourned at 7:58 p.m. _____________________________________ Date _____________________________________ Mayor _____________________________________ City Clerk 11/03/2025