03/10/2020 - City Council SpecialMINUTES
SPECIAL CITY COUNCIL MEETING
MARCH 10, 2020
5:30 P.M.
EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Maguire, Councilmember Bakken, Fields and Hansen.
Councilmember Tilley was absent.
City staff present: City Administrator Osberg, Assistant City Administrator Miller, City Clerk Scipioni, City
Planner Schultz, and City Attorney Bauer.
ROLL CALL AND ADOPTION OF THE AGENDA
Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt the agenda as
presented. Aye:4 Nay:0
VISITORS TO BE HEARD
A resident addressed the Council regarding vehicle noise concerns on Widgeon Way and Duckwood
Drive, City Code relating to animal waste, and issues with Dakota County Recycling Center regarding City
Code not allowing items to be stored outside.
TOBACCO AND ELECTRONIC CIGARETTE REGULATIONS
City Administrator Osberg introduced the item noting at the October 15, 2019 Listening Session, the
Council received a request to consider changes to the City's tobacco ordinance. The Council directed
staff to research the status of current tobacco and electronic cigarette regulations. At the December
10, 2019 Special City Council meeting, the Council directed preparation of an ordinance amendment to
increase the legal age to purchase tobacco and related products to 21 and to require tobacco license
holders to have, and show proof of, an eduLatiuriai program for its staff.
City Clerk Scipioni walked through the policy issues.
The Council discussed the policy questions and provided the following feedback:
1. Regarding removal of penalties for illegal purchase, use or procurement ("PUP" penalties). It
was the consensus of the Council to remove the PUP penalties from the ordinance amendment.
2. Regarding age of compliance check participants. It was the consensus of the Council to
conduct two compliance checks a year, utilizing persons 15 to 20.
3. Regarding age of tobacco license holders and employees. It was the consensus of the Council
for tobacco license holders to be at least 21 years of age, to prohibit anyone under 21 from
entering a tobacco store where customers have direct access to product, except that
employees of such establishments, who must be at least 18.
Mayor Maguire opened the public comment. Andrea Mowery, resident, and Elyse Less, Tobacco -Free
Alliance MN, noted their support for removing the PUP penalties. Tamara Lawrence noted her support
for the changes. The Council also requested staff research PUP penalties within our ordinance
pertaining to alcohol sales.
Special City Council Minutes
March 10, 2020
Page 2
RED PINE NOISE STUDY
City Administrator Osberg noted at the April 2, 2019 regular City Council meeting before the Council
was a land use application for the property located at Highway 3 and Red Pine Lane. The consideration
at that time was to reguide from retail commercial to medium density. At that time, Council had a
robust discussion on the history of the property reaching consensus that retail commercial
development was not realistic. Over several months, a noise study was completed and findings that
were relevant to land use were provided. Osberg noted the City Attorney has provided a
memorandum that addresses the noise standards for residential homes near a gun club.
City Planner Schultz gave an overview of the noise study.
The Council discussed the noise study. After further discussion the Council provided the following
feedback on the policy questions:
1. Does the City Council have any further questions regarding the Red Pine noise study? No
2. What land use does the City Council want to consider further? The Council provided various
land use options that might be considered but did not reach consensus.
Michael Clements, representative of the property owner, addressed the Council noting the property is
zoned retail commercial and paying higher taxes.
There was no other business to be heard.
OTHER BUSINESS
ADJOURNMENT
Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn at 7:45 p.m.
Aye: 4 Nay:0
Date
Mayor
City Clerk