07/07/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JULY 7, 2020
Due to an unexpected incident, the Listening Session had a delayed start of 6:45 p.m. prior to the
regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, and
Hansen.
Several residents addressed the Council regarding a policy of mask wearing for COVID-19 and Diffley
Road school area improvements.
A regular meeting of the Eagan City Council was held on Tuesday, July 7, 2020 at 7:30 p.m. Present
were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent.
Also present the City Administrator Osberg, Assistant City Administrator Miller, Parks and Recreation
Director Pimental, Communications and Engagement Director Ellickson, Community Development
Director Hutmacher, City Planner Schultz, Public Works Director Matthys, and City Attorney Dougherty.
AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentation to be heard.
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as amended: Aye: 4 Nay: 0
A. It was recommended to approve the June 9, 2020 Special City Council minutes, and the June 16,
2020 regular City Council minutes, as presented or modified.
B. Personnel Items:
1. It was recommended to approve the promotion of Tanya Mozingo from Recreation Program
Supervisor to Recreation Manager.
2. It was recommended to approve the temporary promotion of Nicole Kiecker from Part -Time
Firefighter to Full -Time Firefighter.
3. It was recommended to accept the resignation of Amy Griffin, Clerical Technician and
authorize the recruitment and replacement of this position.
4. It was recommended to approve the hiring of seasonal, non -benefit eligible employees as
Parks Laborer and Utility Maintenance Worker.
C. It was recommended to ratify the check registers dated June 12, June 19 and June 26, 2020.
D. It was recommended to approve the ordinary and customary contract with Cranky Ape, Marco
Technologies LLC, and Omni Viking Lakes Hotel.
City Council Meeting Minutes
July 7, 2020
2 page
E. It was recommended to receive the bids for Contract 20-20 (Cascade Bay Improvements) and
award a contract to Global Specialty Contractors, Inc for the base bid in the amount of $ 417,700
and authorize the Mayor and City Clerk to execute all related documents.
F. Pulled for further discussion.
G. It was recommended to approve the final payment for Contract 19-05 (Pond DP -3
Improvements) in the amount of $10,894.76 to S.M. Hentges & Sons, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
H. It was recommended to approve Change Order No. 1 to Contract 20-01 (2020 Citywide Street
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
I. Pulled for further discussion.
J. It was recommended to approve the seventh amendment to the telecommunication lease
agreement with Verizon, for upgrades on the Yankee Reservoir site and authorize the Mayor
and City Clerk to execute all related documents.
K. It was recommended to approve Wetland Replacement Plan Application from City of Eagan for
Impacts to Pond AP -8.
L. It was recommended to approve a Conditional Use Permit for outdoor storage of an above
ground fuel tank for property located at 2861 Highway 55, subject to the following conditions:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council, and proof of recording submitted to the City.
2. The above ground tank shall be maintained at the specified location on the Site Plan
received April 15, 2020.
3. Installation of the tank shall follow requirements of the 2020 Minnesota Fire Code.
4. The protective bollard shall be maintained surrounding the tank as approved by the Eagan
Fire Marshal and, the Eagan Fire Marshal shall approve a method for dispensing and
securing the tank from improper or unauthorized dispersion of fuel.
5. All Building and Mechanical Permits shall be completed and approved.
6. The applicant shall display NFPA 704 label to identify the product in the tank.
7. The applicant shall display a "No Smoking" sign.
8. Power gate must have KNOX gate key switch, or manual gate must have KNOX padlock for
emergency entry.
M. It was recommended to approve a one (1) year extension of Conditional Use Permit and
Variance approvals to allow construction of a new 165' monopole upon property located at
3595 Kennebec Drive, legally described as Lot 2, Block 3, Cedar Industrial Park.
N. It was recommended to approve a one (1) year extension of Conditional Use Permit approval to
allow an existing 105 -foot monopole and allow construction of a second 125 -foot monopole
upon property located at 862 Lone Oak Road, legally described as Lot 10, Block 2, Eagandale
Center Industrial Park No.3.
0. It was recommended to approve a Final Subdivision ( Viking Lakes 4th Addition) to create five
(5) lots and two (2) outlots upon approximately 69 acres currently platted as Lot 1 and Outlot C,
Viking Lakes; to approve (or direct preparation of Findings of Fact for Denial) a- Planned
Development Amendment to allow two (2) separate buildings for the proposed fitness center/
clubhouse and the retail uses for Viking Lakes residential and retail phase located south of
Vikings Parkway, and to approve a Vacation of drainage and utility easements over, under and
across Lot 1, Block 2 and Outlot C, Viking Lakes.
P. It was recommended to Proclaim July 2020 as Parks and Recreation Month and authorize the
Mayor and City Clerk to execute all related documents.
Q. It was recommended to approve a resolution appointing election judges for the August 11, 2020
Primary.
City Council Meeting Minutes
July 7, 2020
3 page
R. It was recommended to approve a resolution appointing absentee ballot board judges and
designating them as deputy city clerks for the purpose of administering the August 11, 2020
Primary.
Requests were received to pull Consent Items F. and I. for further discussion.
Mayor Maguire pulled for further discussion Consent Item F. —To approve acceptance of up to
$5,149,281 in Coronavirus Relief Funds from the State of Minnesota under the Coronavirus Aid, Relief
and Economic Security CARES) Act.
A resident was seeking clarification on the item.
City Administrator Osberg gave a summary of the item.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve acceptance of up
to $5,149,281 in Coronavirus Relief Funds from the State of Minnesota under the Coronavirus Aid, Relief
and Economic Security CARES) Act. Aye: 4 Nay: 0
Mayor Maguire pulled for further discussion Consent Item I: - Approve a Joint Powers Agreement
between Dakota County, the City of Eagan and Independent School District (ISD) 196 for the engineering
design of Diff ley Road (CSAR 30) School Area Improvements and authorize the Mayor and City Clerk to
execute all related documents.
Public Works Director Matthys gave a summary of the proposed project.
Kathryn and Peter Fakkeldij, 968 Trillium Court, Holly Jenkins, 985 Trillium Court, Shana Fouts, 4460 Oak
Chase Way, and Theresa Eisele, 4209 Braddock Trail, who phoned in, addressed the Council noting their
concerns regarding the proposed Joint Power Agreement.
Staff and Council discussed the proposed Joint Powers Agreement.
Councilmember Hansen moved, Mayor Maguire seconded a motion to approve a Joint Powers
Agreement between Dakota County, the City of Eagan and Independent School District (ISD) 196 for the
engineering design of Diffley Road (CSAR 30) School Area Improvements and authorize the Mayor and
City Clerk to execute all related documents. Aye: 4 Nay: 0
Council took a 5 -minute break.
PUBLIC HEARINGS
There are no public hearings to be heard.
OLD BUSINESS
There are no old business items to be heard.
City Council Meeting Minutes
July 7, 2020
4 page
NEW BUSINESS
Preliminary Planned Development; Comprehensive Guide Plan Amendment—
Nichols Park, LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Preliminary Planned Development to allow a 4 -story, 204 -unit apartment building and a Comprehensive
Guide Plan Amendment changing the land use designation from Retail Commercial to High Density at
property located at the southwest corner of Nicols Road and Diffley Road.
City Planner Schultz gave a staff report and provided a site map.
Patrick Ostrom, Real Estate Equities, gave a presentation providing background of the company, and an
overview of the project.
Mayor Maguire opened the public comment. There being no public comment he turned the discussion
back to the Council.
The Council discussed the development. Councilmember Bakken noted concern using TIF financing.
Councilmember Fields noted concerns regarding the size of the project and using TIF financing.
Tony Schertler, Executive Director, Dakota County CDA, spoke to the TIF financing.
Public Works Director Matthys responded to the ponding issues and requirements for this area.
Ben Delwiche, Kaas Wilson Architects, spoke to the ponding designed for the project and the requested
deviations on the building setbacks.
Peter Moreau, Sambatek, Inc., provided clarification on the design of the stormwater ponding and
impacts to the overall site design.
Councilmember Mayor Maguire moved, Councilmember Hansen seconded a motion to approve a
Preliminary Planned Development to allow a 4 -story, 204 -unit apartment building upon approximately
8 acres generally located at the southwest corner of Nicols Road and Diffley Road, subject to the
following conditions: Aye: 4 Nay: 0
1. A Preliminary Planned Development Agreement shall be executed and recorded against the
property at the Dakota County Recorder' s office. The Preliminary PD Agreement shall
contain the following plans.
• Preliminary Site Plan
• Preliminary Building Elevation Plans
• Preliminary Landscape Plan
• Preliminary Lighting Plan
2. A Final Planned Development Agreement shall be required prior to issuance of a Building
Permit. The following plans are required for the Final Planned Development Agreement
and shall be consistent with the Preliminary Planned Development and conditions of
Preliminary Planned Development approval.
City Council Meeting Minutes
July 7, 2020
5 page
• Final Site Plan
• Final Building Elevation Plans
• Final Landscape Plan
• Final Lighting Plan
Affordability
3. The Applicant shall enter into a Planned Development Agreement prepared by the City
Attorney' s office which includes the commitment to construct an affordable housing
development.
Platting
4. The property shall be platted.
Mechanical Screening
5. All mechanical equipment shall be screened in accordance with the provisions of the
City's zoning code. The ground mounted equipment shall be shown on the Site Plan and
screened. Roof mounted vents and other appendages shall match the roof color.
Signage
6. The Site Plan shall be revised to identify one free-standing sign.
7. The monument sign shall be subject to City Sign Code standards with a maximum 7' in
total height. A Sign Permit is required prior to sign installation.
Address Numbers
8. Building address numbers hall be installed consistent with the provisions of Section 2.78
of City Code.
Arrhitarti inn
9. The garage doors shall be painted to match the building exterior.
10. The trash enclosure shall meet City Code standards.
Site Plan
11. The entire tot lot shall be fenced. The height of the fence shall be depicted on the Site
Plan, not to exceed six feet.
Site Lighting
12. The applicant shall submit a Site Lighting Plan to meet requirements for site security,
safety and traffic circulation.
Landscaping and Tree Preservation
13. The applicant shall submit a revised Landscape Plan minus tree mitigation.
14. The applicant shall submit a Tree Mitigation Plan.
15. The applicant shall fulfill tree mitigation requirements through the installation of ninetyfour
(94) Category B trees or an equivalent thereof and/ or cash payment ($400.00 per Category
City Council Meeting Minutes
July 7, 2020
6 page
B) tree in lieu as determined by the City Forester.
16. The applicant shall submit a Planting Plan which combines both landscape and tree
mitigation requirements.
17. The applicant shall continue to work with staff to refine the overall plans and verify that
3% of building value is achieved.
18. The plant schedule shall be verified to match the number of plantings shown on all
plans.
Grading
19. 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.
Storm Drainage
20. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution
Prevention and Post -Construction Stormwater Management Requirements (City Code §4.34)
for stormwater management and surface water quality, including Runoff Rate Control and 1.1 -
inch Volume Control of effective retention of the site' s new impervious surface area (including
effective soil remediation for all of the site' s disturbed soils that are to be revegetated).
21. Prior to receiving City approval to permit land disturbing activity, the applicant shall
provide to the City with multiple soil borings equally spaced within the footprint of each
proposed infiltration area, extending a minimum of 10' below the bottom of each proposed
infiltration feature with continuous sampling, to evaluate and ensure suitability for infiltration,
including depth to saturated soils. Provide a minimum of 3 soil borings in Infiltration Shelf
footprint, minimum of 2 soil borings in Southwest Infiltration Basin footprint, and minimum of 2
soil borings in the Southeast Infiltration Basin footprint. If the soil boring logs indicate
incompatibility of existing sub -soil permeability, or shallow groundwater conflict, with the
submitted and reviewed design plans for meeting volume control requirements, the applicant
shall revise the design and/ or construction plans to ensure volume control requirements are
fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer.
22. Prior to receiving City approval to permit land disturbing activity, the applicant shall
provide modified construction details of the proposed Infiltration Bench for City
review/ acceptance by the City Engineer and include in construction plans, to clarify how this
bench will be able to infiltrate and not be negatively influenced hydrologically (constantly
saturated) by the adjacent pond. If sustained infiltration cannot be justified to the City
Engineer' s satisfaction, the Infiltration Bench shall be modified to include a functioning underdrain
system for filtration and iron -enhanced sand component to achieve at least a 25 -year
service life. Appropriate construction details shall be provided, which would include detailed
City Council Meeting Minutes
July 7, 2020
7 page
cross- section(s), construction sequencing/ protection/ restoration notes, sizing/ volume tables to
demonstrate compliance with minimum volume control retention including detailing drainage
areas for basin, details for stable inlets/ outlet/ emergency overflow, sub -soil ripping of 18 -inch
depth minimum x 18 -inch maximum spacing (if infiltrating), under -drain with adjustable shutoff
valve, soil amendment criteria, planting details (including live planting at 18 -inch on -center
spacing with seeding of all infiltration/ filtration basin bottoms, and seeding of side -slopes),
permanent erosion- control details, etc., to ensure the infiltration basin is properly designed,
constructed, planted, and adequately protected during / after construction to prevent clogging,
and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as
intended. if an iron -enhanced sand filter bench is determined to be the only practical option,
the applicant shall provide appropriate details, including detailed construction cross- sections
and notes to include an appropriate constructed box frame, impermeable rubber liner
specifications (thickness, acceptable joint sealing, etc.), under- drain details including pipe type
and cleanouts/ vents, erosion -control protections at toe and top of side -slopes, iron -sand mix
specification/ composition/ source and estimate mix volume needed, etc. for contractor to
successfully construct and protect. These graphical details and notes shall be prominently
included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Notes shall be
provided that grading and utility contractor(s) shall provide 24 -hours advance notice of any
grading or utility work involving the proposed infiltration/ filtration basin system, including
installation of pre-treatment sump, inlet, outlet, and any other structural components or critical
construction steps.
23. Prior to receiving City approval to permit land disturbing activity, the applicant shall
provide construction details of the proposed Southwest and Southeast infiltration basins for
City review/ acceptance by the City Engineer and include in construction plans. Construction
details shall include infiltration basin cross- sections, construction sequencing/ protection/
restoration notes, sizing/ volume tables to demonstrate compliance with minimum volume control
retention including detailing drainage areas for basin, details for stable inlets/ outlet/ emergency
overflow, sub -soil ripping of 18 -inch depth minimum x 18 -inch maximum spacing, under- drain with
adjustable shut-off valve, soil amendment criteria, planting details (including live planting at 18 -inch
on -center spacing with seeding of all basin bottoms, and seeding of side -slopes), permanent
erosion- control details, etc., to ensure the infiltration basin is properly designed, constructed,
planted, and adequately protected during / after construction to prevent clogging, and able to be
properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These
graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading
Plan, Utility Plan, etc.). Notes shall be provided that grading and utility contractor(s) shall provide
24 -hours advance notice of any grading or utility work involving the proposed infiltration basin
system, including installation of pre-treatment sump, inlet, outlet.
24. 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 proper operation and
performance of the private permanent stormwater management system, in a form acceptable
to the City Attorney.
25. Before the city returns any Stormwater- related Performance Guarantee Fees on the
development site, the applicant shall demonstrate that all stormwater management practices,
pre-treatment structures and conveyance pipes are cleaned of any construction
City Council Meeting Minutes
July 7, 2020
8 page
sediment/ debris and performing as intended. The applicant shall also 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 including
pre-treatment structures 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 accord with the plans and specifications approved. This
certification shall be provided by a Professional Engineer licensed in the State of Minnesota.
26. The development shall be responsible to expand Pond AP -8 on site to provide additional
storm water ponding capacity, as shown on the preliminary grading and utility plans.
27. The development shall dedicate adequate public drainage & utility easement over the
expanded Pond AP -8, in accordance with requirements set forth in the latest version of the
City's Stormwater Management Plan.
Utilities
28. This development shall provide hydrant spacing and locations in accordance with City
Fire Department and Public Works standards.
Fiber to the Premises
29. The applicant shall submit a proposal/ infrastructure plan to be approved by staff to
provide telecommunications fiber to the premises (FTTP). The applicant shall provide a civil
drawing plan for outside plant (including handholes and conduit path) work as well as an
electrical plan for inside plant work to be reviewed and approved by City staff. This
development shall include the installation of fiber optic cable in its construction plans at the
time of Building Permit.
30. This development shall be designed to support broadband and fiber optic
telecommunications networks. The applicant shall provide a plan to be approved by staff
including development- owned vault(s) at an entry point(s) to the premises and a conduit
system to provide fiber optic to all buildings in the development. The conduit system shall
utilize a multi -partitioned inner duct system, or other comparable means, to accommodate
multiple fiber optic service providers in the future.
Parks and Recreation
31. The applicant shall satisfy park and trail dedications through cash dedication, payable at
the time of Final Plat at the rates then in effect. For multi -family development, the 2019 fee for
park dedication is $3,475.00 per unit, and for trail dedication is $258.00 per unit.
Streets/ Access/ Pedestrian Circulation
32. The applicant shall modify the striping on Nicols Road to accommodate existing turn
lanes, and proposed turn lanes into the development, in a manner acceptable to the City
Engineer.
33. The applicant shall construct an eight -foot wide bituminous trail on the west side of
Nicols Road, adjacent to the property, in a manner acceptable to the City Engineer.
34. The applicant shall provide a contractor parking plan in a form acceptable to the City
City Council Meeting Minutes
July 7, 2020
9 page
Engineer, prior to the approval of the building permit.
Easements
35. The applicant shall provide adequate right-of-way and/ or trail easement for Nicols Road
and a pedestrian trail to be constructed to City engineering standards, in a manner acceptable
to the City Attorney.
36. The monument sign shall be relocated out of drainage & utility easements.
37. A drainage and utility easement of sufficient size should / shall be dedicated over the
wetland in a form acceptable to the City Attorney.
Councilmember Fields moved, Councilmember Hansen seconded a motion to implement a
Comprehensive Guide Plan Amendment changing the land use designation from RC (Retail Commercial)
to HD (High Density) upon approximately 8 acres generally located at the southwest corner of Nicols
Road and Diffley Road. Aye: 3 Nay: 1 (Bakken)
Adopt Resolution approving the location of the Nicols Apartments
Housing project undertaken by the Dakota County Community Development Agency
within the City of Eagan
City Administrator Osberg introduced the item noting the Council is being asked to consider adopting a
resolution approving the Nicols Apartments Housing project.
Community Development Director Hutmacher gave a presentation.
Tony Schertler, Executive Director, Dakota County CDA, provided clarification on the CDA Resolution to
Adopt TIF District.
Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt a resolution
approving the location of the Nicols Apartments housing project undertaken by the Dakota County
Community Development Agency within the City of Eagan. Aye: 4 Nay: 0
The Council took a 5 -minute break.
Interim Use Permit — Gertens
City Administrator Osberg introduced the item noting the Council is being asked to consider an Interim
Use Permit for seven years to continue operating a yard waste and compost facility and landscape
center at 805 Yankee Doodle Road.
City Planner Schultz gave a staff report and provided a site map.
Tom Evenson, representing the Applicant; gave an overview of the request and was available for
questions.
Mayor Maguire opened the public comment. There being no public comment he turned the discussion
back to the Council.
City Council Meeting Minutes
July 7, 2020
10 page
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve (or direct
preparation of Findings of Fact for Denial) an Interim Use Permit for seven (7) years to continue
operating a yard waste and compost facility and landscape center on Outlot A, Gopher Eagan Industrial
Park 8th Addition, located northeast of Yankee Doodle and Elrene Roads at 805 Yankee Doodle Road,
subject to the following conditions: Aye: 4 Nay: 0
1. This Interim Use Permit shall be recorded with the Dakota County Recorder' s office within 60
days of approval by the City Council, with the following exhibits:
• Site Plan
2. The permit shall terminate upon the earlier of closure of the facility or June 1, 2027.
3. Activities on Outlot A shall be limited to the items on the Site Plan —wood processing, storage
of landscape products, water quality ponding and mulch storage per the Site Plan.
4. A Grading Permit shall be obtained for the turf restoration areas as shown on the Site Plan,
and restoration of turf should be accomplished by September 15, 2020.
5. The Interim Use Permit shall be subject to an annual administrative review. The purpose of
such review shall be to determine that the conditions of the permit are within compliance.
The Interim Use Permit may be revoked for failure to comply with any condition of the permit
following notice of the noncompliance and a hearing by the City Council with all interested
parties being given an opportunity to be heard.
6. The applicant shall continue to implement and maintain the stormwater management and
mitigation practices, and communicate this implementation and maintenance to the City, to
clearly demonstrate and quantify that the stormwater mitigation measures will provide
sufficient volume to fully contain the runoff from a 1%/24 -hour precipitation frequency storm
event from the Yard Waste Composting operations on Outlot A (including accounting for
contribution and complying stormwater management and treatment from Outlot H
operations).
7. The property owner shall continue to be liable to the responsibilities within the long-term
stormwater management system maintenance agreement with the City for the permanent
stormwater management system, providing details of the inspections and maintenance
required to occur to ensure continuous proper operation and performance, including
perpetual retention capacity and capability so that no surface discharge leaves the site' s
graded areas to fully contain the runoff from a 1%/24 -hour precipitation frequency storm
event, nor any illicit discharge.
8. The applicant shall extend the watermain and install afire hydrant according to the approved
utility plans.
9. The applicant shall acquire the appropriate permits and approvals from Dakota County to
extend the water main through county right-of-way.
10. The applicant shall restore any damage to the street, curb and gutter, and boulevard to
City Council Meeting Minutes
July 7, 2020
11 page
County requirements.
11. The recycled bituminous material shall be allowed to remain the material for parking,
driveways, and outdoor storage areas, subject to periodic review by city staff for adequacy of
the material to control dust and drainage. The first review will occur two years following
approval of this permit. If the material is determined to be inadequate, the City will require
that it be replaced with bituminous asphalt.
12. The lack of concrete curb and gutter shall be allowed to continue for the perimeter of the
proposed parking, driveways, and outdoor storage areas, subject to periodic review by city
staff for adequacy of drainage and containment purposes. The first review will occur two
years following approval of this permit. If the lack of curb and gutter is determined to be
inadequate, the City will require that concrete curb and gutter be installed.
13. All storage areas shall be properly maintained to prevent deterioration.
14. At the expiration or termination of the Interim Use Permit, the applicant shall obtain a
Grading Permit from the City and restore all hard surfaces (outdoor storage areas, parking
areas, and the driveway) back to turf in a manner acceptable to the City Engineer. Detailed
plans for this grading work shall be prepared and signed by a licensed professional engineer.
15. Ponding cross easements, or a declaration if common ownership, shall be provided in a form
acceptable to the City Attorney.
16. A cross easement, or access agreement, for the shared driveway shall be provided in a form
acceptable to the city attorney.
Conditional Use Permit — Unifirst Corporation
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Conditional Use Permit for outdoor storage of no more than nine step vans and 27 linen carts at 2922
West Service Road.
City Planner Schultz gave a staff report and provided a site map.
Mayor Maguire opened the public comment. There being no public comment he turned the
conversation back to the Council.
The applicant, Robert Brown, was available for questions.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit for outdoor storage of no more than nine (9) step vans and 27 linen carts at 2922 West Service
Road, legally described as Lots 1-3, Block 6, Eagandale Center Industrial Park subject to the following
conditions: Aye:4 Nay:0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council and proof of its recording provided to the City.
City Council Meeting Minutes
July 7, 2020
12 page
2. This Conditional Use Permit shall supersede and replace prior Conditional Use Permits for
outdoor storage granted to this property.
3. The outdoor storage shall be limited to those items approved and located in the outdoor
storage areas as identified on the Site Plan dated May 15, 2020.
4. A building permit shall be required for additions and improvements to the existing building.
The building permit shall include a site plan consistent with the site plan dated May 15, 2020,
a Landscape Plan consistent with the Landscape Plan dated May 15, 2020, and a Lighting Plan
consistent with the Lighting Plan dated May 15, 2020.
5. The applicant shall provide additional plantings and tree replacement consistent with the
Landscape Plan dated May 15, 2020. Landscaping which is designed for screening shall screen
the outdoor storage and dock doors from Center Court and West Service Road.
6. New and replacement landscaping shall be installed prior to Certificate of Occupancy of the
building.
7. No additional outdoor storage shall be allowed.
8. All parking and storage areas shall be properly maintained to prevent deterioration.
9. The applicant shall provide Knox lock boxes or Knox padlocks at all the gates for Fire
Department access subject to review and approval by the City Fire Marshal.
10. The applicant shall restripe the parking stalls per City Code dimensional requirements.
11. 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.
Note: the project area is within the direct -drainage area, and within 1 -mile, of a TMDL
Waterbody (LeMay Lake).
12. This development shall comply with Eagan' s Land Disturbance Stormwater Pollution
Prevention and Post -Construction Stormwater Management Requirements (City Code §4.34)
for stormwater management and surface water quality, including Runoff Rate Control and
1.1" Volume Control of effective retention of the site' s new impervious surface area
including effective soil remediation for all of the site' s disturbed soils that are to be
revegetated).
13. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
to the City a minimum of two (2) soil borings equally spaced within the footprint of the
proposed infiltration area, extending a minimum of 10 feet below the bottom of the proposed
infiltration feature with continuous sampling, to evaluate and ensure suitability for
City Council Meeting Minutes
July 7, 2020
13 page
infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility
of existing sub -soil permeability, or shallow groundwater conflict, with the submitted and
reviewed design plans for meeting volume control requirements, the applicant shall revise
the design and/ or construction plans to ensure volume control requirements are fully met for
the mitigated impervious drainage area, to the satisfaction of the City Engineer.
14. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
revised construction details of the proposed infiltration basin following MPGA Minnesota
Stormwater Manual Standards & City Engineering Standards for Infiltration Basins for City
review/ acceptance by the City Engineer and include in construction plans. Construction
details shall include revised infiltration basin cross- section(s), construction
sequencing/ protection/ restoration notes, requirements for sub -soil infiltration testing,
details for stable inlets/ outlet/ emergency overflow, unobstructed inspection/ maintenance
access areas to inlets/ outlet, sub -soil ripping of 18 -inch depth minimum x 18 -inch maximum
spacing, soil amendment criteria (note: salvaged topsoil is not appropriate for infiltration soil
media), planting details including live planting at 18 -inch on -center spacing with seeding of
all basin bottoms with seeded side -slopes, permanent erosion- control details for basin
bottom and side -slopes, etc., to ensure infiltration practices are properly designed,
constructed, planted, and adequately protected during / after construction to prevent
clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to
function as intended. These graphical details and notes shall be prominently included in all
applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). 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 infiltration basin system,
including installation of inlet and outlet.
15. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum
depth sump, 5 -foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately
upstream of, any Stormwater treatment 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 equipment. Details shall be
included in applicable plan sheet(s) using Eagan Standard Detail Plate E231.
16. 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 clear assurances that by final grading, prior to installation
of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to
be revegetated will have protected and/ or restored soil permeability to non -compacted soil
conditions in the top 12" of soil with greater than 5% soil organic matter content and less
than 200 psi of soil compaction in the top 12" of topsoil, to comply with City Volume Control
requirements. These graphical details and notes on soil protection/ restoration shall be
included 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 sheets. 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
City Council Meeting Minutes
July 7, 2020
14 page
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.
17. Prior to receiving a Certificate of Occupancy, the applicant shall be responsible to remove
sediment from, and provide other necessary maintenance, for Pond DP -2.3 on-site to City
Standards and implement appropriate and timely restoration practices on all involved
disturbance.
18. 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 proper operation and
performance of the private permanent stormwater management system, in a form
acceptable to the City Attorney.
19. 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 (infiltration basin,
restored pond, soil amendment areas, etc.), including 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 accord with the plans and specifications approved. This
certification shall be provided by a Professional Engineer licensed in the State of Minnesota.
Comprehensive Guide Plan Amendment - Clements Consulting LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider submitting
to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use
designation from Retail Commercial to Medium Density upon approximately 9.7 acres located southeast
of Red Pine Lane and Highway 3.
City Planner Schultz gave a staff report and provided a site map.
Michael Clements, Clements Consulting, was available for questions.
Mayor Maguire opened the public comment. Mike Neisius, Justman Freight Lines, addressed the
Council noting he was hoping the property would be used for commercial or light industrial so there
would be less traffic. Steve Negaard, 4794 Red Pine Court, and Kala Rae Diederich, 564 Spruce Circle,
stated their concerns regarding increased traffic, specifically around the school, and reducing the speed
limit on Red Pine Lane. There being no more public comment, Mayor Maguire turned the discussion
back to the Council.
Mayor Maguire inquired about comparing traffic generation of differing zoning districts. Public Works
Director Matthys explained likely trip generation between industrial, retail and residential.
City Council Meeting Minutes
July 7, 2020
15 page
The Council discussed the Comprehensive Guide Plan Amendment. Councilmember Bakken noted he
cannot support putting residential use in area.
Public Works Director Matthys responded to the traffic concerns and expectations for various land use
types.
Councilmember Fields moved, Councilmember Hansen seconded a motion to direct staff to submit to
the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation
from RC (Retail Commercial) to MD (Medium Density) upon approximately 9.7 acres located southeast
of Red Pine Lane and Highway 3. Aye: 3 Nay: 1 (Bakken)
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There are no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at
11:30 p.m. Aye: 4 Nay: 0
Uh
4 wl�
Mayor
City Clerk