11/17/2020 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
NOVEMBER 17, 2020
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present Mayor
Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley joined by phone.
Steve Ruta addressed the Council regarding vehicles running yellow lights at the intersection of Pilot
Knob and Cliff Road.
A regular meeting of the Eagan City Council was held on Tuesday, November 17, 2020 at 6:30 p.m.
Present Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley joined by
phone. 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, and City Attorney Dougherty.
AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0 (Roll Call)
CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent
agenda as presented: Aye: 5 Nay: 0 (Roll Call)
A. It was recommended to approve the November 4, 2020 City Council minutes, as presented, or
modified.
B. Personnel Items:
1. It was recommended to approve the hiring of seasonal, non -benefit eligible employees as
Adult Hockey Referees, Rink Attendants and Winter Recreation Program Assistant.
2. It was recommended to approve reclassification of Christina Scipioni, City
Clerk/Administrative Services Coordinator, from Level 13 to Level 14.
C. It was recommended to ratify the check registers dated October 30 and November 6, 2020.
D. It was recommended to approve the ordinary and customary contracts with Amy Rhone,
Barbara Waltz, Caitlin Dowling, Cora Williams, Dorea Arguelles, Judith Favia, Juliet Parisi, Karen
Gauthier, Laurie Thorkelson, Marie Biallas, Mary Lewis, Michael Vangstad, Mkie Keiger, Pat
McKinley, Robin Sicoli, Steve Sheehan, Vicki Wright, the Wave Soccer Club and Hunger Solutions.
E. It was recommended to approve the final payment and closure of contract with Ancom, Inc. to
provide an 800Mhtz bidirectional antenna system for the renovations at the City Hall and Police
facilities.
F. It was recommended to approve Change Order 3 and final payment for the Fire Station Four
remodel contract with Market and Johnson.
G. It was recommended to approve the 2020-2021 Airport Relations Commission Work Plan.
H. It was recommended to authorize Final Payment and Closure of Contract with UHL, Inc. to
provide a security camera and access control system for the renovations at the City Hall and
Police facilities.
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November 17, 2020
2 page
I. It was recommended to receive the petition to vacate public easements on Lots 1-3, Block 1
Hilltop Plaza and schedule a public hearing to be held on December 15, 2020.
J. It was recommended to accept a $182,349 Federal High -Intensity Drug Trafficking Grant on
behalf of the Dakota County Drug Task Force.
K. It was recommended to approve the final payment for Contract 19-17 (Murphy Parkway -
Sanitary Lift Station Rehabilitation) in the amount of $ 16,273.50 to MN Mechanical Solutions
and accept the improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve Change Order No. 1 for Contract 20-08 (Canter Glen — Storm
Lift Station Rehabilitation) and authorize the Mayor and City Clerk to execute all related
documents.
M. It was recommended to acknowledge the completion of Project 15-A (Central Park Commons)
and authorize perpetual City maintenance subject to warranty provisions.
N. It was recommended to approve the 2021 Community Waste Abatement Grant Agreement.
0. It was recommended to approve a Final Plat to create one (1) lot upon property located at the
southwest corner of Nicols Road and Diff ley Road and to approve a Final Planned Development
for a 204 -unit, 4 -story, affordable apartment building upon property located at the southwest
corner of Nicols Road and Diff ley Road.
P. It was recommended to approve a Final Planned Development allowing nine (9) new townhome
units and additional recreational amenities, upon 5.6 acres located south of Yankee Doodle
Road and west of Ivy Lane, legally described as Lots 1 and 2, Block 2, and Lots 1-8 Block 1,
Wescott Hills Fourth Addition.
Q. It was recommended to postpone to December 15, 2020 a hearing of the Board of Adjustments
and Appeals regarding an appeal by Spectrum Investment Group of the April 7, 2020 zoning
determination regarding parking and storage of Amazon delivery vehicles at 1000 Blue Gentian
Road pursuant to Section 11.50, Subd. 2 of the City Code.
R. It was recommended to postpone to December 15, 2020 a hearing of the Board of Adjustments
and Appeals regarding an appeal by Spectrum Investment Group of the July 9, 2020 zoning
determination regarding use of property for Amazon Last Mile Warehouse at 1000 Blue Gentian
Road pursuant to Section 11.50, Subd. 2 of the City Code.
S. It was recommended to approve the following item to be claimed as CARES Act grant
expenditures in the November monthly report to the State:
o Police payroll costs $ 181,009
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
There were no public hearings to be heard.
PUBLIC HEARINGS
OLD BUSINESS
Approve an Ordinance Amendment to Chapter 10 in response to the increasing presence
of Emerald Ash Borer throughout the City
City Administrator Osberg introduced the item noting at the February 11, 2020, Special City Council
Meeting, the Forestry staff delivered an informational presentation. At the March 17, 2020 the Council
gave direction to proceed with drafting an ordinance amendment to bolster shade tree regulations. The
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November 17, 2020
3 page
amended ordinance enables the City to proactively manage and prescribe additional control measures
to prevent the spread of new and future harmful tree pests.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance
Amendment to Chapter 10, Section 10.20 (Shade tree disease control and prevention). Aye: 5 Nay: 0
(Roll Call)
NEW BUSINESS
Preliminary Planned Development and Preliminary Subdivision (Town Centre
100 Twenty- First Addition) — Associated Bank and Ryan Companies
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Preliminary Planned Development to allow redevelopment of the site to allow a retail grocery store and
bank with drive-through facilities, and a Preliminary Subdivision to create two (2) lots upon 3.35 acres
located at 1260 & 1270 Yankee Doodle Road.
City Planner Schultz gave a staff report and provided a site map.
Doug Harbor, Representative of Associated Bank, provided the history and background of the proposed
development site.
The applicant, Patrick Daly, Ryan Companies, gave a summary of the project and was available for
questions.
The Council discussed the proposed development. There was discussion regarding the zero lot line and a
future right turn lane on Denmark Avenue. Staff confirmed sufficient space should remain for future
public trail on Denmark Avenue.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve of a Preliminary
Planned Development to allow redevelopment of the site with an approximately 34,500 square foot
retail grocery store, and an approximately 2,800 square foot bank with drive- through facilities, upon
3.35 acres located at 1260 & 1270 Yankee Doodle Road,
legally described as Lots 1 and 2, Block 1, Town Centre 100 Second Addition, subject to the following
conditions: Aye: 5 Nay: 0 (Roll Call)
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
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November 17, 2020
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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
• 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. Proposed Lot 134,500 square foot retail grocery store
b. Proposed Lot 2 2,840 square foot bank with drive through facility
Signage
6. Any canopy covering the cart corrals shall not contain any signage other than directional such as
return carts here" or similar.
7. The applicant shall provide an easement agreement for the shared pylon sign and for the off-site
signage in a form acceptable to the City Attorney at the time of Final Subdivision.
8. Building Signage shall be consistent with City Code Standards. For single occupant buildings and
endcap tenants, one 1) sign is permitted on each of two 2) building elevations.
9. All signs on a building shall be similar in design, to be demonstrated at the time of application for
Sign Permit. All signs require a Sign Permit prior to installation or construction.
Building Architecture / Materials
10. The Final Building Elevations shall be revised to achieve City Code standards by providing greater
variation of materials on the south elevation to incorporate the same materials and visual interest
as the other three elevations.
11. The Final Building Elevations shall omit the metal canopy on the west elevation to avoid its
projection over the property line into the right of way and the applicant shall explore other ways to
provide visual interest, depth, and pedestrian scale to the west elevation.
Landscaping/ Tree Mitigation
12. The Final Landscape Plan shall provide different trees species along the south edge of the building
that better fit the available growing space.
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November 17, 2020
5 page
13. Landscaping along the north and south edges shall be enhanced to provide better screening of the
parking lot where per the City Code standard of 75 percent 75%) opacity to a height of three to four
(3-4) feet at maturity.
14. The applicant shall confirm the proposed landscaping does not conflict with site lighting.
15. The applicant shall revise the Tree Preservation Plan to account for removal of ash trees and
recalculate any required mitigation accordingly.
16. The Applicant shall provide a revised Tree Preservation Plan reflecting these adjustments, and
recalculating the removal and mitigation amount if any), for incorporation into the Planned
Development Amendment Agreement.
17. Where tree protection fencing cannot be maintained at a required distance for tree protection of on
or off site trees, these trees shall be considered as removed, or the applicant shall provide a Tree
Health Management Plan prepared by a certified arborist, identifying tree management activities to
be implement to ensure the survival of these trees.
Site Lighting
18. The applicant shall clarify the areas contributing to the average light levels to confirm
it excludes the bank canopy lighting and adjust lighting as necessary to achieve an average to
minimum ratio throughout the parking areas of not more than 4.0 footcandles.
Utilities
19. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to
the City Attorney.
20. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard,
and trail in a manner acceptable to the City Engineer.
Grading / Erosion Control / Stormwater
21. 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.
22. 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).
23. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the
City with a minimum of four 4) soil borings equally spaced within the footprint of each proposed
infiltration system area, extending a minimum of 10 feet below the bottom of each proposed
City Council Meeting Minutes
November 17, 2020
6 page
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 water quality equivalent of volume control requirements are fully met for the
mitigated impervious drainage area, to the satisfaction of the City Engineer.
24. 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 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
before fabrication and installation.
25. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4') minimum
depth sump, five foot 5') 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.
26. 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.
27. 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.
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November 17, 2020
7 page
28. 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.
29. 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.
30. This development shall provide hydrant spacing and locations accordance with City Fire Department
and Public Works standards.
FasPmPntq
31. The applicant shall enter into an ingress/ egress easement and shared parking agreement in a form
acceptable to the City Attorney, at time of final subdivision approval.
Parks and Recreation
32. The development shall be subject to cash trail dedication at the time of Final Subdivision, at the
rates then in effect.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve of a Preliminary
Subdivision (Town Centre 100 Twenty- First Addition) to create two (2) lots upon 3.35 acres located at
1260 & 1270 Yankee Doodle Road, currently legally described as Lots 1 and 2, Block 1, Town Centre 100
Second Addition, subject to the following conditions: Aye: 5 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.
3. The applicant shall provide financial security, in a form acceptable to the City Attorney, to ensure
demolition of the existing easterly office building at 1260 Yankee Doodle Road within six (6) months
of recording the Final Plat.
Signage
4. Any canopy covering the cart corrals should not contain any signage other than directional such as
return carts here" or similar.
City Council Meeting Minutes
November 17, 2020
8 page
5. The applicant should provide an easement agreement for the shared pylon sign and for the off site
signage in a form acceptable to the City Attorney at the time of Final Subdivision.
6. Building Signage should be consistent with City Code Standards. For single occupant buildings and
endcap tenants, one sign is permitted on each of two building elevations.
7. All signs on a building should be similar in design, to be demonstrated at the time of application for
Sign Permit. All signs require a Sign Permit prior to installation or construction.
Building Architecture/Materials
8. The Final Building Elevations shall be revised to achieve City Code standards by providing greater
variation of materials on the south elevation to incorporate the same materials and visual interest
as the other three elevations.
9. The Final Building Elevations shall omit the metal canopy on the west elevation to avoid its
projection over the property line into the right of way and the applicant shall explore other ways to
provide visual interest, depth, and pedestrian scale to the west elevation.
Landscaping/ Tree Mitigation
10. The Final Landscape Plan shall provide different trees species along the south edge of the
building that better fit the available growing space.
11. Landscaping along the north and south edges shall be enhanced to provide better screening of the
parking lot where per the City Code standard of 75 percent 75%) opacity to a height of three to four
feet at maturity.
12. The applicant shall confirm the proposed landscaping does not conflict with site lighting.
13. The applicant shall provide a Tree Mitigation Plan showing fulfillment of the tree mitigation, in
addition to required site landscaping. If required mitigation cannot fit on the site, the balance should
be provided as a cash dedication per the City's adopted Fee Schedule 400 per each Category B tree).
14. At the time of Final Planned Development, Tree Mitigation and Landscape Plans shall be provided,
as well as a Combined Overall Planting Plan.
15. The applicant shall revise the Tree Preservation Plan to account for removal of ash trees and
recalculate any required mitigation accordingly.
16. The Applicant should provide a revised Tree Preservation Plan reflecting these adjustments, and
recalculating the removal and mitigation amount if any), for incorporation into the Planned
Development Amendment Agreement.
17. Where tree protection fencing cannot be maintained at a required distance for tree protection of on
or off site trees, these trees shall be considered as removed, or the applicant shall provide a Tree
Health Management Plan prepared by a certified arborist, identifying tree management activities to
be implement to ensure the survival of these trees.
City Council Meeting Minutes
November 17, 2020
9 page
Site Lighting
18. The applicant shall clarify the areas contributing to the average light levels to confirm it excludes the
bank canopy lighting and adjust lighting as necessary to achieve an average to minimum ratio
throughout the parking areas of not more than 4.0 footcandles.
Utilities
19. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to
the City Attorney.
20. The applicant shall make all utility connections and restore the street, curb and gutter,
boulevard, and trail in a manner acceptable to the City Engineer.
Grading/ Erosion Control/ Stormwater
21. 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.
22. 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).
23. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the
City with a minimum of four 4) soil borings equally spaced within the footprint of each proposed
infiltration system area, extending a minimum of ten feet 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 water quality equivalent of volume control requirements are fully met for the
mitigated impervious drainage area, to the satisfaction of the City Engineer.
24. 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
City Council Meeting Minutes
November 17, 2020
10 page
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
before fabrication and installation.
25. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4') minimum
depth sump, five foot 5') 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.
26. 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.
27. 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.
28. 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.
29. 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.
City Council Meeting Minutes
November 17, 2020
11 page
30. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
Facamin ntc
31. The applicant shall enter into an ingress/ egress easement and shared parking agreement in a form
acceptable to the City Attorney, at time of final subdivision approval.
Parks and Recreation
32. The development shall be subject to cash trail dedication at the time of Final Subdivision,
at the rates then in effect.
Planned Development Amendment and Preliminary Subdivision
(Ridgecrest Addition' — TOLD Development
City Administrator Osberg introduced the item noting the Council is being asked to consider a Planned
Development Amendment to allow a 14,368 square foot retail grocery store upon approximately 1.91
acres in the southwest portion of property, and a Preliminary Subdivision to create two (2) lots upon ten
(10) acres located at 2055 Cliff Road.
Mike Schultz gave a staff report and provided a site map.
Trent Mayberry, TOLD Development, spoke to the requested parking stalls and was available for
questions.
The Council discussed the monument sign. Councilmember Bakken noted he could be flexible with the
building signage but felt the monument sign was unnecessary.
Mr. Mayberry agreed it would be a good compromise.
Councilmember Hansen spoke to the parking stall size. Mr. Mayberry noted if one parking stall was
removed from the stalls in front of the building that would give space to enlarge the remainder of those
stalls located in front of the building.
City Attorney Dougherty noted attached to the Planned Development Agreement are five plans and
recommended adding a sixth plan for parking. The Parking Plan would include the condition: With 128
stalls of which the stalls abutting the north fagade of building shall be 9 %2 feet wide stalls.. In the Signage
Plan the following condition would be added: May include one standard size on each fagade of the
building with no monument sign.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow a 14,368 square foot retail grocery store upon approximately 1.91
acres in the southwest portion of property located at 2055 Cliff Road currently legally described as part
of Lot 1, Block 1, Park Center 6th Addition and proposed as Lot 2, Block, Ridgecrest Addition, subject to
the following amended conditions: Aye: 5 Nay: 0 (Roll Call)
City Council Meeting Minutes
November 17, 2020
12 page
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorders office. The following exhibits shall be made part of the Agreement:
• Site Plan
• Building Elevations
• Signage Plan (may include one (1) standard sign to each fagade of the building, including one (1)
subtenant sign on north fagade, in lieu of proposed monument sign)
• Landscape and Tree Mitigation Plan
• Site Lighting Plan
• Parking Plan (the row of stalls immediately abutting the north fagade of building to be nine and
one-half feet (95) wide).
2. A Final Planned Development shall be required prior to issuance of a Building Permit. The
following plans are required for the Final Planned Development Agreement:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Signage Plan
• Final Lighting Plan
• Final Parking Plan
3. The property shall be platted.
4. The applicant shall provide a bicycle rack on the site.
5. Cross easements for the shared use and maintenance of the pylon sign, in a form acceptable to the
City Attorney, shall be provided at the time of Final Subdivision.
6. The applicant shall provide additional information on the use of graphic window displays and
confirm compliance with the City Code standards at the time of Final Planned Development.
7. A Sign Permit shall be obtained prior to installation of any signs, and compliance with City
Code will be confirmed at that time.
S. All ground and rooftop mechanical equipment shall be screened consistent with City Code
standards and compliance shall be confirmed at the time of Building Permit.
9. A revised Landscape Plan shall be provided for the Final Planned Development resolving
any discrepancies within the plan, and confirming there are no conflicts with site lighting.
10. The applicant shall provide tree mitigation in the amount of 46 Category B trees or its
equivalent Category A or C trees, cash dedication, or combination thereof.
11. The applicant shall submit a Tree Mitigation Plan separate from the Landscape Plan showing
fulfillment of the tree mitigation requirement in addition to required landscaping, for staff review
and approval for incorporation into the Planned Development Agreement. A combined overall
Planting Plan showing both Landscaping and Mitigation plantings shall also be provided.
City Council Meeting Minutes
November 17, 2020
13 page
12. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to
the City Attorney.
13. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard,
and trail in a manner acceptable to the City Engineer.
14. 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.
15. 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(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).
16. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the
City with a minimum of four soil borings equally spaced within the footprint of each proposed
infiltration system area, extending a minimum of 10 feet 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 water quality equivalent of volume control requirements are fully met for the
mitigated impervious drainage area, to the satisfaction of the City Engineer.
17. 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 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
before fabrication and installation.
18. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4') minimum
depth sump, five foot 5') minimum diameter, with floatable skimmer hood, energy dissipation, etc.)
at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective
City Council Meeting Minutes
November 17, 2020
14 page
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.
19. 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.
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
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.
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 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 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.
23. The applicant shall perform a traffic analysis at each of the three public street accesses prior to final
subdivision approval, or issuance of building permit, in a form acceptable to the City Engineer.
24. This development shall incorporate any site improvements necessary to maintain acceptable Levels
of Service, in a manner acceptable to the City Engineer.
City Council Meeting Minutes
November 17, 2020
15 page
25. The applicant shall provide proof of ingress and egress easements and shared parking agreements in
a form acceptable to the City Attorney.
26. Park dedication is due for the new building on proposed Lot 2, Block 1, Ridgecrest Addition, at the
time of Building Permit at the rates then in effect.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve of a Preliminary
Subdivision (Ridgecrest Addition) to create two (2) lots upon ten (10) acres located at 2055 Cliff Road,
currently legally described as Lot 1, Block 1, Park Center 6th Addition, subject to the following
conditions: Aye: 5 Nay: 0 (Roll Call)
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.
3. The applicant shall provide a bicycle rack on the site.
4. Cross easements for the shared use and maintenance of the pylon sign, in a form acceptable to the
City Attorney, shall be provided at the time of Final Subdivision.
5. The applicant shall provide additional information on the use of graphic window displays and
confirm compliance with the City Code standards at the time of Final Planned Development.
6. A Sign Permit shall be obtained prior to installation of any signs, and compliance with City Code will
be confirmed at that time.
7. All ground and rooftop mechanical equipment shall be screened consistent with City Code standards
and compliance shall be confirmed at the time of Building Permit.
8. A revised Landscape Plan shall be provided for incorporation into the Final Planned Development
Agreement resolving any discrepancies within the plan, and confirming there are no conflicts with
site lighting.
9. The applicant shall provide tree mitigation in the amount of 46 Category B trees or its equivalent
Category A or C trees, cash dedication, or some combination thereof.
10. The applicant shall submit a Tree Mitigation Plan separate from the Landscape Plan showing
fulfillment of the tree mitigation requirement in addition to required landscaping, for staff review
and approval for incorporation into the Final Planned Development Agreement. A combined overall
Planting Plan showing both Landscaping and Mitigation plantings shall also be provided.
11. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to
the City Attorney.
12. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard,
and trail in a manner acceptable to the City Engineer.
City Council Meeting Minutes
November 17, 2020
16 page
13. 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.
14. 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 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).
15. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the
City with a minimum of four soil borings equally spaced within the footprint of each proposed
infiltration system area, extending a minimum of 10 feet 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 water quality equivalent of volume control requirements are fully met for the
mitigated impervious drainage area, to the satisfaction of the City Engineer.
16. 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 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
before fabrication and installation.
17. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4') minimum
depth sump, five foot 5') 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.
18. 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
City Council Meeting Minutes
November 17, 2020
17 page
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.
19. 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.
20. 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.
21. 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.
22. The applicant shall perform a traffic analysis at each of the three public street accesses prior to final
subdivision approval, or issuance of building permit, in a form acceptable to the City Engineer.
23. This development shall incorporate any site improvements necessary to maintain acceptable Levels
of Service, in a manner acceptable to the City Engineer.
24. The applicant shall provide proof of ingress and egress easements and shared parking agreements in
a form acceptable to the City Attorney.
The Council took a 10 minute break.
City Council Meeting Minutes
November 17, 2020
18 page
Request to determine Amazon parking and Amazon Last Mile Facility as similar and
compatible to other permitted uses within the BP (Business Park) Zoning District
City Planner Schultz noted on June 5, 2018, the City Council approved an ordinance amendment to
commercial and industrial zoning districts adding "or uses deemed similar by the Council." The Council
is being asked to determine whether uses involving Amazon are similar to other permitted uses within
the BP, Business Park zoning district. Schultz walked through the request.
Peter Beck, Attorney, representing Spectrum, gave a summary of the request.
Rick Morphew, Spectrum, LLC, provided additional information and was available for questions.
The Council, staff and the applicant discussed the request.
Councilmember Fields moved, Councilmember Bakken seconded a motion to determine the Reason of
Finding is similar because the enclosed parking and storage of approximately 378 Amazon cargo vans in
association with a 17,000 square foot logistics center and retaining minimum 15 percent (15%) office
space is similar use comparable to other permitted uses within the Business Park zoning district. Aye: 5
Nay: 0 (Roll Call)
Councilmember Fields moved, Councilmember Bakken seconded a motion to determine that the Reason
of Finding is similar if operation is conducted entirely within enclosed structure and retaining minimum
15 percent (15%) office space for an Amazon last mile warehouse facility is a similar use comparable to
other permitted uses with the Business Park zoning district. Aye: 5 Nay: 0 (Roll Call)
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY ADMINISTRATOR
City Administrator Osberg noted the December 1St swearing in of fire fighters has been postponed, as
has the tree lighting event at the Eagan Communit Center on December 8. Items that were potentially
going to be on the December 8 Special City Council meeting have changed and thus, staff is suggesting
cancelling the meeting. Osberg also noted a "Save the Date" for January 26 or 27 for a Council Retreat
with the opportunity to have a Strategic Planning Retreat in March or April. Osberg asked the Council to
look ahead to the Organizational Business item that happen the second meeting in January. It was the
consensus of the Council to cancel the December 8, 2020 Special City Council meeting.
VISITORS TO BE HEARD
There were no visitors to be heard.
City Council Meeting Minutes
November 17, 2020
19 page
ADJOURNMENT
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting at
9:21 p.m. Aye: 5 Nay: 0 (Roll Call)
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Date
Mayor
City Clerk
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