10/20/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
OCTOBER 20, 2020
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting
Mayor Bakken, Councilmembers Fields, and Hansen. Councilmember Tilley joined by phone. Mayor
Maguire was absent.
A regular meeting of the Eagan City Council was held on Tuesday, October 20, 2020 at 6:30 p.m. Present
were Acting Mayor Bakken, Councilmembers Fields, and Hansen. Councilmember Tilley joined by
phone. Mayor Maguire was absent. Also present 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,
Police Chief New, Fire Chief Scott, and City Attorney Dougherty.
AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 4 Nay: 0 (Roll Call)
RECOGNITIONS AND PRESENTATION
Recognize Deputy Chief Mike Fineran for his Twenty -Six Years of Service to the Citizens of Eagan
Police Chief New recognized and presented a plaque to Deputy Chief Fineran for his twenty-six years of
service to the citizens of Eagan. Fineran thanked the City Council for the opportunity to serve.
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Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda
as presented: Aye: 4 Nay: 0 (Roll Call)
A. It was recommended to approve the October 6, 2020 City Council minutes, as presented, or
modified.
B. Personnel Items:
1. It was recommended to approve a resolution authorizing Attorney William Laak to sign
settlement agreements on behalf of the City Council.
C. It was recommended to ratify the check registers dated October 2 and 9, 2020.
D. There were no contracts for approval at this time.
E. It was recommended to approve a resolution to accept a donation for senior programs.
F. It was recommended to acknowledge the completion of Project 17-C (Quarry Road Addition)
and authorize perpetual City maintenance subject to warranty provisions.
G. It was recommended to approve a resolution in support of Dakota County Transportation
Department' s 5 -year Capital Improvement Program for 2021-2025.
H. It was recommended to designate $25,000 of CARES act funds for a grant to Fairview Health
Systems and direct the Eagan Economic Development Authority to administrate the grant."
I. Item was removed.
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October 20, 2020
2 page
J. It was recommended to receive the appeal submitted by Spectrum Investment Group of the July
91 2020 staff determination that an Amazon Last Mile Warehouse (LMW) is not a permitted use
in the Spectrum Commerce Center located at 1000 Blue Gentian Road and schedule a hearing of
the Board of Adjustments and Appeals for November 17, 2020 pursuant to Section 11.50, Subd.
2 of the City Code.
K. It was recommended to postpone a hearing of the Board of Adjustments and Appeals regarding
Spectrum Commerce Center to November 17, 2020 pursuant to Section 11.50, Subd. 2 of the
City Code.
L. It was recommended to adopt the list of projects for 2021— 2025 on the Parks CIP as presented
at the Tuesday October 13, 2020 Special City Council Meeting and authorize the initiation of the
public improvements process for the 2021 programmed improvements.
M. It was recommended to approve a 2020 budget amendment to the Fire Department budget and
authorize the replacement of the Fire Safety Center' s bi-directional amplifier for cell phone
signals within the building.
PUBLIC HEARINGS
Planned Development Amendment — Venstar LLC
City Administrator Osberg introduced the item noting at the October 6, 2020 City Council meeting,
Council took action to schedule tonight's public hearing to consider a Planned Development
Amendment to allow a 400 square -foot outdoor dining patio as part of the Venstar Planned
Development located at 855 Vikings Parkway.
Acting Mayor Bakken asked City Attorney Dougherty to clarify the applicant's question on allowed uses.
Mr. Dougherty opined on the status of the current approved planned development and the options
available to the applicant.
City Planner Schultz gave a staff report and provided a site map. Schultz noted the addition of the email
received from Mr. and Mrs. O'Neill.
Brenda Quaye, applicant, noted the concern the O'Neill's have regarding the open property to the
north. Ms. Quaye stated she would be fine putting in some type of tall hedge, such as lilac bushes.
Acting Mayor Bakken opened the public hearing. Tom and Mary O'Neill, 830 O'Neill Drive, noted their
concern regarding the property to the north and agreed that some type of tall hedges such as lilac
bushes would be work. The O'Neill"s also noted they are not opposed to the patio or drive through.
There being no further comments, Acting Mayor Bakken turned the discussion back to the Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve (or direct
submission to the APC for consideration of amendment or direct preparation of Findings of Fact for
Denial) a Planned Development Amendment to allow a 400 square- foot outdoor dining patio as part of
the Venstar Planned Development located at 855 Vikings Parkway, subject to the following amended
conditions: Aye: 4 Nay: 0 (Roll Call)
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder' s office within 90 days of approval. Proof of recording shall be provided,to
the City. The PD Amendment Agreement shall include the following exhibits:
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October 20, 2020
3 page
a. Site Plan
b. Landscape and Tree Mitigation Plan
2. The additional outdoor dining area illustrated in the northwest corner of the building shall be
limited to no greater than 400 square feet, as depicted on the Site Plan.
3. A revised Landscape and Mitigation Plan shall be provided that accurately reflects the outdoor
dining patio, and the necessary landscape changes to include additional screening as presented by
the applicant to the City Council.
4. This Agreement is intended to supplement and amend the prior Planned Development Agreements.
The prior Planned Development Agreement shall remain in full force and effect.
Final Assessment Hearing for:
Projects 1364, Highview Acres/Spande/Valley View Plateau Street Improvements
Project 1368, Duckwood Trail Street Improvements
Project 1370, GVR Acres/Rathman Addition Street Improvements
Project 1372, Vienna Woods Street Improvements
Project 1375, Oak chase 1St — 5t" Street Improvements
Project 1376, Oak Bluffs Street Improvements
Public Works Director Matthys gave an overview of Projects 1364, 1368, 1370, 1372, 1375 and 1376. He
noted the Final Assessment Rolls were presented to the City Council on September 15, 2020, with public
hearings scheduled for October 20, 2020 to formally present the final costs associated with these public
improvements to the affected benefitting properties.
Acting Mayor Bakken opened the public hearings. There being no public comment, he turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearings and
approve the Final Assessment Rolls for Projects 1364, Highview Acres/Spande/Valley View Plateau,
Project 1368, Duckwood Trail, Project 1370, GVR Acres/Rathman Addition, Project 1372, Vienna Woods,
Project 1375, Oak chase 1st — 5t", Project 1376, Oak Bluffs Street Improvements and authorize their
certification to Dakota County for collection. Aye: 4 Nay: 0 (Roll Call)
There are no old business items to be heard.
OLD BUSINESS
NEW BUSINESS
Rezoning, Preliminary Planned Development, Preliminary Subdivision
(Hilltop 2nd Addition) — Hy -Vee
City Administrator Osberg introduced the item noting the Council is being asked to consider a Rezoning
from NB, Neighborhood Business to PD, Planned Development; a Preliminary Planned Development to
allow a retail liquor store, motor fuel station and convenience store with drive-through coffee shop and
outdoor patio, and a commercial car wash; and a Preliminary Subdivision (Hilltop 2nd Addition) to create
City Council Meeting Minutes
October 20, 2020
4 page
three (3) lots upon 3.53 acres located at 4160, 4168 and 4198 Pilot Knob Road, legally described as Lots
111 2 and part of Lot 3, Block 1, Hilltop Plaza.
City Planner Schultz gave a staff report and provided a site map.
The applicant was available for questions.
Councilmembers Hansen and Fields noted concerns regarding the 9 foot parking stalls. Acting Mayor
Bakken suggested that 10 foot parking stalls be considered for the island of parking immediately north
of the gas station. Councilmember Hansen and Fields concurred. The applicant agreed to change that
specific area with 10 -foot parking stalls.
Acting Mayor Bakken suggested the Ash tree on site be removed and replaced.
Acting Mayor Bakken opened the public comment. A business owner in the current strip center spoke
to the construction timeframe of the development. There being no further public comment, Acting
Mayor Bakken turned the discussion back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Rezoning from
NB, Neighborhood Business to PD, Planned Development upon 3.53 acres located at 4160, 4168 and
4198 Pilot Knob Road, legally described as Lots 1, 2 and part of Lot 3, Block 1, Hilltop Plaza. Aye: 4 Nay: 0
(Roll Call)
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Preliminary
Planned Development to allow a retail liquor store, a motor fuel station and convenience store with
drive-through coffee shop and outdoor patio, and a commercial car wash, upon 3.53 acres located at
4160, 4168 and 4198 Pilot Knob Road, legally described as Lots 1, 2 and part of Lot 3, Block 1, Hilltop
Plaza, subject to the following amended conditions: Aye: 4 Nay: 0 (Roll Call)
Agreements
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. The following plans shall be revised and submitted as Master Development Plans
prior to Final Subdivision and Final Planned Development approval.
• Preliminary Site Plan
• Preliminary Building Elevations
• Preliminary Landscape Plan
• Preliminary Site Lighting Plan
• Preliminary Signage Plan
2. A Final Planned Development Agreement shall be required for each lot as it develops. The following
plans are required for the Final Planned Development Agreement and shall be consistent with the
approved master plans for the Preliminary Planned Development.
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Lighting Plan
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October 20, 2020
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Final Signage Plan
Platting
3. The property shall be platted.
Term
4. The Planned Development shall have a term of three (3) years.
Uses
5. This Planned Development approves the following uses on each lot:
a. Lot 1— Convenience store, motor fuel sales, coffee shop with drive-through and
outdoor patio
b. Lot 2 — Retail sales (liquor store)
c. Lot 3 — Commercial car wash
6. The Site Plan shall be revised to include bike racks on Lots 1 and 2.
7. Hours of operation for the car wash on Lot 3 shall be limited to between 7:00 a.m. and 10:00 p.m.
8. At the time of Final Planned Development, the applicant shall provide a plan to prevent ice
formation at the exit during the winter months to limit the use of salt and chemical deicers as much
as possible.
9. Except as provided for in the Planned Development, operation of the convenience store and motor
fuel station on Lot 1 shall comply with the standards in City Code Sec.. 11.70, Subd. 18.
10. Operation of the car wash on Lot 3 shall comply with the standards in City Code Sec. 11.70, Subd. 17.
Signage
11. Building signage shall be consistent with City Code standards.
12. The number of signs on the car wash building on Lot 3 should be reduced to comply with the one
sign on each of two elevations standard, and Final Building Elevations should be revised accordingly.
13. All signs on a building should be similar in design, to be demonstrated at the time of Sign Permit.
14. Reuse of the two free-standing signs on the site shall be subject to City Code standards, and the
signs reconstructed if necessary, to establish materials and appearance consistent with the
proposed new buildings. Compliance shall be determined at the time of Final Planned Development
with the Final Signage Plan.
15. Cross -easements or a declaration in a form acceptable to the City Attorney should be provided for
the shared use of the monument sign on Lot 1 and pylon sign on Lot 2.
16. All building address numbers shall be determined by the City at the time of Final Subdivision.
Building identification numbers shall be installed consistent with the City Code Section 2.78.
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Site Plan
17. This Planned Development allows 9 foot wide parking stalls except for the southern field of stalls
located on Lot 2 shall be 10 foot width.
18. The Final Site Plan shall be revised to omit the 17' foot deep stalls along the east side of Lot 2, or
sign them for compact parking only.
19. Green space shall be provided as depicted on the approved Site Plan.
20. Setbacks are allowed as shown on the approved Site Plan.
Buildings
21. Detailed Final Building Elevations shall be provided at the time of Final Planned Development for
each lot and building. All buildings are subject to compliance with the City Code standards for design
and material finish requirements, which shall be demonstrated at the time of Final Planned
Development.
22. The Final Building Elevations for Lots 1 and 3 shall be revised to provide greater variation and visual
interest using similar elements as are on the other sides of the buildings.
23. The Final Building Elevations shall include a data table identifying the ratio of different building
materials on each building to demonstrate compliance with City Code standards.
24. A building height maximum of 30 feet shall apply to the buildings.
25. All mechanical equipment shall be screened from public view per City Code requirements. New
construction shall provide a 30 -inch minimum parapet height for screening of rooftop equipment.
All rooftop mechanical equipment shall be shown on the Final Building Elevations at the time of
Final Planned Development.
26. For detached trash storage, the enclosures shall be located as depicted on the Site Plan, the
enclosure shall be consistent with City Code design requirements and shall be of a size that can
accommodate trash and recyclable materials.
Landscaping/Tree Preservation
27. Screening of the coffee drive-through stacking from Diffley Road right-of-way shall be enhanced.
Additional evergreen trees shall be provided south of the car wash building. The Final Landscape
Plan shall be revised for the Final Planned Development to enhance screening from Diffley Road for
the coffee drive-through stacking on Lot 1 and include more evergreen trees south of the car wash
building on Lot 3.
28. The applicant shall provide a treatment program for any preserved ash trees prepared by a certified
arborist or revise the Tree Preservation Plan to account for their removal and recalculate any
required mitigation accordingly.
29. The Tree Preservation Plan shall be revised to show the tree protection fencing. The applicant shall
contact City Forestry at least five (5) days prior to any tree removal or land disturbing activity for a
site inspection to verify fence placement.
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October 20, 2020
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30. The Final Site Lighting Plan should confirm use of recessed fixtures or shielding such that the source
of light beneath the fuel canopy is not visible from off the property
31. The Final Site Lighting Plan shall include a photometric data table confirming compliance with the
following standards: minimum 0.5 footcandles and average to minimum ratio of not more than 4.0
footcandles within parking areas, and a maximum 1.0 footcandles at property lines.
Grading/ Erosion Control
32. 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.
33. The applicant shall vacate all easements on the site that were previously dedicated for storm sewer
or sanitary sewer purposes.
34. Private utility easements and/ or maintenance agreements for the storm sewer and sanitary sewer
shall be provided in a form acceptable to the City Attorney.
Stormwater Management/ Water Quality
35. 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).
36. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the
City with a minimum of 4 soil borings equally spaced within the footprint of each proposed
infiltration system area, extending a minimum of 10' below the bottom of each proposed infiltration
system with continuous sampling, to evaluate and ensure suitability for 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.
37. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
underground stormwater infiltration system details, including that a) an offline bypass to prevent
construction stormwater from entering the perforated pipe galleries shall be provided until drainage
area stabilization, b) solid bottom isolator rows (appropriately sized) are provided at any stormwater
inlet point into the underground systems, c) sub -soils shall have appropriate composition and
minimal compaction to ensure adequate infiltration capability, d) no limestone shall be used
below or between the chambers, e) unobstructed physical access via manhole will be provided to
any isolator row for inspection and maintenance, f) 10 -inch minimum diameter inspection ports will
City Council Meeting Minutes
October 20, 2020
8 page
be provided on all chamber rows. 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 chamber systems, including over -excavation, installation of pre-
treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to
the underground stormwater infiltration chamber systems must be provided to the City for review b
before installation.
38. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum depth
sump, 5 -foot minimum diameter, with floatable skimmer hood, energy dissipation, 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.
39. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide
the most updated water quality and rate control modeling documentation to demonstrate
compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control
must demonstrate no net increase over predevelopment conditions using a maximum curve number
of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be
documented with appropriate water quality modeling.
40. 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
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.
41. 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.
42. 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 sump(s), infiltration chamber galleries, etc.), including soil
loosening & amendment prior to landscaping, conform to design and/ or construction plans, as
approved by the City. Photos/ video of final inspection of clean underground infiltration chamber
gallery system and contributing storm sewer shall be provided to the City Engineer. The applicant
shall submit to the City Engineer certification that the stormwater management facilities have been
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October 20, 2020
9 page
installed in accord with the plans and specifications approved. This certification shall be provided by
a Professional Engineer licensed in the State of Minnesota.
Streets/ Access/ Easements
43. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
44. The applicant shall modify the traffic control at the northwest entrance to a three-way stop with no
stop sign located on the access from Pilot Knob Road.
45. The applicant shall provide private maintenance agreements for the private streets, in a form
acceptable to the City Attorney, at time of final subdivision approval.
Park and Trail Dedication
46. This development is subject to cash trail dedication at the time of Final Subdivision, payable at the
rates then in effect.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary
Subdivision (Hilltop 2nd Addition) to create three (3) lots upon 3.53 acres located at 4160, 4168 and
4198 Pilot Knob Road, legally described as Lots 1, 2 and part of Lot 3, Block 1, Hilltop Plaza, subject to
the following amended conditions: Aye: 4 Nay: 0 (Roll Call)
Standard Conditions
1. The developer shall comply with these standards conditions of plat approval as adopted by Council
on July 1, 2014: Al, B1, B2, B3, C1, C2, C4, E1, F1, and H1.
2. The property shall be platted.
Term
3. The Planned Development shall have a term of three (3) years.
Uses
4. This Planned Development approves the following uses on each lot:
a. Lot 1— Convenience store, motor fuel sales, coffee shop with drive-through and
outdoor patio
b. Lot 2 — Retail sales (liquor store)
c. Lot 3 — Commercial car wash
5. The Site Plan shall be revised to include bike racks on Lots 1 and 2.
6. Hours of operation for the car wash on Lot 3 shall be limited to between 7:00 a.m. and 10:00 p.m.
7. At the time of Final Planned Development, the applicant shall provide a plan to prevent ice
formation at the exit during the winter months to limit the use of salt and chemical deicers
as much as possible.
8. Except as provided for in the Planned Development, operation of the convenience store and
motor fuel station on Lot 1 shall comply with the standards in City Code Sec. 11.70, Subd. 18.
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October 20, 2020
10 page
9. Operation of the car wash on Lot 3 shall comply with the standards in City Code Sec. 11.70, Subd. 17.
Signage
10. Building signage shall be consistent with City Code standards.
11. The number of signs on the car wash building on Lot 3 should be reduced to comply with the one
sign on each of two elevations standard, and Final Building Elevations should be revised accordingly.
12. All signs on a building should be similar in design, to be demonstrated at the time of Sign Permit.
13. Reuse of the two free-standing signs on the site shall be subject to City Code standards, and the
signs reconstructed if necessary, to establish materials and appearance consistent with the
proposed new buildings. Compliance shall be determined at the time of Final Planned Development
with the Final Signage Plan.
14. Cross -easements or a declaration in a form acceptable to the City Attorney should be provided for
the shared use of the monument sign on Lot 1 and pylon sign on Lot 2.
15. All building address numbers shall be determined by the City at the time of Final Subdivision.
Building identification numbers shall be installed consistent with the City Code Section 2.78.
Site Plan
16. This Planned Development allows 9 foot wide parking stalls except for the southern field of stalls
located on Lot 2 shall be 10 foot width.
17. The Final Site Plan shall be revised to omit the 17' foot deep stalls along the east side of Lot 2, or
sign them for compact parking only.
18. Green space shall be provided as depicted on the approved Site Plan.
19. Setbacks are allowed as shown on the approved Site Plan.
Buildings
20. Detailed Final Building Elevations shall be provided at the time of Final Planned Development
for each lot and building. All buildings are subject to compliance with the City Code standards
for design and material finish requirements, which shall be demonstrated at the time of Final
Planned Development.
21. The Final Building Elevations for Lots 1 and 3 shall be revised to provide greater variation and
visual interest using similar elements as are on the other sides of the buildings.
22. The Final Building Elevations shall include a data table identifying the ratio of different building
materials on each building to demonstrate compliance with City Code standards.
23. A building height maximum of 30 feet shall apply to the buildings.
City Council Meeting Minutes
October 20, 2020
11 page
24. All mechanical equipment shall be screened from public view per City Code requirements. New
construction shall provide a 30 -inch minimum parapet height for screening of rooftop equipment.
All rooftop mechanical equipment shall be shown on the Final Building Elevations at the time of
Final Planned Development.
25. For detached trash storage, the enclosures shall be located as depicted on the Site Plan, the
enclosure shall be consistent with City Code design requirements and shall be of a size that
can accommodate trash and recyclable materials.
Landscaping/ Tree Preservation
26. Screening of the coffee drive-through stacking from Diffley Road right-of-way shall be enhanced.
Additional evergreen trees shall be provided south of the car wash building. The Final Landscape
Plan shall be revised for the Final Planned Development to enhance screening from Diffley Road for
the coffee drive-through stacking on Lot 1 and include more evergreen trees south of the car wash
building on Lot 3.
27. The applicant shall provide a treatment program for any preserved ash trees prepared by a certified
arborist or revise the Tree Preservation Plan to account for their removal and recalculate any
required mitigation accordingly.
28. The Tree Preservation Plan shall be revised to show the tree protection fencing. The applicant
shall contact City Forestry at least five (5) days prior to any tree removal or land disturbing
activity for a site inspection to verify fence placement.
29. The Final Site Lighting Plan should confirm use of recessed fixtures or shielding such that the
source of light beneath the fuel canopy is not visible from off the property
30. The Final Site Lighting Plan shall include a photometric data table confirming compliance with
the following standards: minimum 0.5 footcandles and average to minimum ratio of not more than
4.0 footcandles within parking areas, and a maximum 1.0 footcandles at property lines.
Grading/ Erosion Control
31. 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.
32. The applicant shall vacate all easements on the site that were previously dedicated for storm
sewer or sanitary sewer purposes.
33. Private utility easements and/ or maintenance agreements for the storm sewer and sanitary
sewer shall be provided in a form acceptable to the City Attorney.
City Council Meeting Minutes
October 20, 2020
12 page
Stormwater Management/ Water Quality
34. 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).
35. Prior to receiving City approval to permit land disturbing activity, th.e applicant shall provide
to the City with a minimum of 4 soil borings equally spaced within the footprint of each proposed
infiltration system area, extending a minimum of 10' below the bottom of each proposed infiltration
system with continuous sampling, to evaluate and ensure suitability for 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.
36. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
underground stormwater infiltration system details, including that a) an off-line bypass to
prevent construction stormwater from entering the perforated pipe galleries shall be
provided until drainage area stabilization, b) solid bottom isolator rows (appropriately sized)
are provided at any stormwater inlet point into the underground systems, c) sub -soils shall
have appropriate composition and minimal compaction to ensure adequate infiltration
capability, d) no limestone shall be used below or between the chambers, e) unobstructed
physical access via manhole will be provided to any isolator row for inspection and
maintenance, f) 10 -inch minimum diameter inspection ports will be provided on all chamber
rows. 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 chamber systems, including over -excavation, installation of pretreatment
sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related
to the underground stormwater infiltration chamber systems must be provided to the City
for review before installation.
37. The applicant shall provide adequately sized pre-treatment structure (e.g. 4 -foot minimum
depth sump, 5 -foot minimum diameter, with floatable skimmer hood, energy dissipation,
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.
38. Prior to receiving City approval to permit land disturbing activity, the property owner shall
provide the most updated water quality and rate control modeling documentation to
demonstrate compliance with City stormwater requirements, to the satisfaction of the City
Engineer. Rate Control must demonstrate no net increase over predevelopment conditions
using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of
full infiltration will need to be documented with appropriate water quality modeling.
City Council Meeting Minutes
October 20, 2020
13 page
39. 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 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.
40. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a longterm
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.
41. 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 ( sump(s), infiltration chamber galleries, etc.), including soil
loosening & amendment prior to landscaping, conform to design and/ or construction plans, as
approved by the City. Photos/ video of final inspection of clean underground infiltration chamber
gallery system and contributing storm sewer shall be provided to the City Engineer. 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.
Streets/ Access/ Easements
42. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
43. The applicant shall modify the traffic control at the northwest entrance to a three-way stop with no
stop sign located on the access from Pilot Knob Road.
44. The applicant shall provide private maintenance agreements for the private streets, in a form
acceptable to the City Attorney, at time of final subdivision approval.
Park and Trail Dedication
45. This development is subject to cash trail dedication at the time of Final Subdivision, payable
at the rates then in effect.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
City Council Meeting Minutes
October 20, 2020
14 page
ADMINISTRATIVE AGENDA
CITY COUNCIL
Councilmember Hansen noted Eagan was named once again one of the top 10 suburbs by Niche.
Acting Mayor Bakken noted this is the last Council meeting before the November 3rd General Election
and encouraged everyone to go out and vote. If you don't know where to vote, visit www.mnvotes.org.
There were no visitors to be heard.
VISITORS TO RE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:01 p.m. Aye: 4 Nay: 0 (Roll Call)
A
Mayor
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City Clerk