03/01/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
March 1, 2022
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Hansen, Fields, and Supina.
A regular Eagan City Council meeting was held on Tuesday, March 1, 2022, at 6:30 p.m. Present were
Mayor Maguire, Councilmembers Hansen, Bakken, Fields, and Supina. Also present: City Administrator
Osberg, Assistant City Administrator Miller, City Attorney Bauer, Finance Director Feldman, Parks &
Recreation Director Pimental, Public Works Director Matthys, City Planner Schultz, and Community
Development Director Hutmacher.
II.ADOPT AGENDA
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: 5, Nay: 0. Motion carried.
III.RECOGNITIONS AND PRESENTATIONS
A.Swearing-in of Newly Appointed Eagan Fire Battalion Chiefs and Firefighters
Fire Chief Searle introduced the firefighters being sworn in, and City Clerk VanHoose administered the
Oath of Office.
Fire Chief Searle introduced the Battalion Chiefs being sworn in, and City Clerk VanHoose administered
the Oath of Office.
B.Recognition of City Administrator Dave Osberg Retirement
IV.CONSENT AGENDA
Councilmember Supina moved, Councilmember Bakken seconded a motion to approve the Consent
agenda as presented. Aye: 5, Nay: 0. Motion carried.
A.It was recommended to approve the minutes of the February 8, 2022, Special City
Council minutes and the February 15,2022 City Council minutes as presented or modified.
B.Personnel items:
1.It was recommended to approve the collective bargaining agreement with the
Teamsters Local 320 – Clerical Unit.
2.It was recommended to approve the collective bargaining agreement with the IAFF
Local 5171 – Fire Fighter and Fire Captain Unit.
3.It was recommended to accept the resignation/retirement of James Proshek, Police
Officer and authorize replacement.
4.It was recommended to approve the hiring for the position of Firefighter, to be
named at a future City Council meeting.
5. It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
• Peyton Eklund Building Attendant I
• Josh Brown Deck Coordinator
• Kelly DeVinny Fitness Instructor - Sub
• Jacob Tipple Guest Relations Crew
• Sean Odean Guest Services ECC
• Evalyn Millhollin Lifeguard
• Olivia Varpness Lifeguard
C. It was recommended to ratify the check registers February 11, 2022, and February 18, 2022,
as presented.
D. It was recommended to approve the following ordinary and customary contracts:
1. Public Art Contract 22-17-“Passenger Side”
2. Public Art Contract 22-18- "Eagan Bike Rack"
3. Public Art Contract 22-19- Pedersen Metal Design- "Bike Chain"
4. Public Art Contract 22-15- "Ramis Arbor Sculptura, aka Tree Branches"
5. Public Art Contract 22-16- "Grow with Me"
6. Public Art Contract 22-12- "Fowl Play"
7. Public Art Contract 21-26- "Family of Man"
8. Public Art Contract 22-13- "Song of the Flying Dutchman"
9. Public Art Contract 22-14- "Greeting Tower"
10. Public Art Contract 22-21- "Wind Flower"
11. Public Art Contract 22-20- "Come Together"
12. Adler Tank Rentals
13. Sun This Week sponsorship agreement
E. It was recommended to approve the naming of Unnamed NE Eagan Park as “Norse Park”
F. It was recommended to approve Plans & Specifications Contract 22-01, 2022 Street
Improvements and Schedule Bid Opening
G. It was recommended to approve Plans & Specifications Contract 22-02, 2022 Street
Improvements and Schedule Bid Opening
H. It was recommended to cancel Bid Opening Contract 22-11, 2022 Lift Station Rehabilitation
(Schwanz Lake)
I. It was recommended to receive a Petition to Vacate Public Drainage & Utility Easement, Lot
12, Block 1, Prettyman Heights (1563 Skyline Trail), and Schedule a Public Hearing for April 5,
2022
J. It was recommended to authorize a Letter of Support to Dakota County for Regional
Solicitation Letter of Support for Dakota County Projects 26-66 & 26-67 - CSAH 26 (Lone Oak
Road) Corridor Study
K. It was recommended to approve a Grant Contract Agreement with the Minnesota
Department of Public Safety Homeland Security and Emergency Management Division for
the Hazard Mitigation Grant for Lightning Detection and Warning at Cascade Bay
L. It was recommended to approve a Cooperative Agreement with Northwestern University
Center for Public Safety to Conduct the School of Police Staff and Command at the Eagan
Police Department
V. PUBLIC HEARINGS
Certification of Delinquent Nuisance Abatement Bills
Finance Director Feldman introduced the item noting the action to be considered is to close the public
hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize
certification. At the February 2, 2022, City Council meeting, a public hearing was scheduled for the
March 1, 2022, City Council meeting. Director Feldman noted the City currently has 17 properties with
nuisance abatement bills that have a delinquent balance. The assessable amount of these accounts
totals $7,001.80.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing
and approve the final assessment roll for delinquent nuisance abatement bills and authorize certification
to Dakota County for collection with property taxes. Aye: 5, Nay: 0 Motion Carried.
Certification of Delinquent Utility Bills
City Administrator Osberg introduced the item and handed off to Finance Director Feldman to present
the item noting the action to be considered is to close the public hearing and approve the final
assessment roll for delinquent utility bills and authorize its certification. At the February 2, 2022, City
Council meeting, a public hearing was scheduled for the March 1, 2022, City Council meeting. Director
Feldman noted the City currently has approximately 667 utility bill accounts with delinquent balances.
The assessable amount of these accounts totals $155,394.01.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota
County for collection with property taxes. Aye: 5, Nay: 0, Motion Carried.
VI. OLD BUSINESS
There were no old business items to discuss.
VII. NEW BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT,
REZONING and PRELIMINARY PLANNED DEVELOPMENT
– Kwik Trip - Steven Lowe
City Administrator Osberg introduced the item noting the request is to authorize staff to submit a
Comprehensive Guide Plan Designation to establish the land use designation of IND, Limited Industrial
for vacated right-of-way, A Rezoning from I-1, Limited Industrial to PD, Planned Development to allow a
9,200 square foot convenience store and gas station facility, A Preliminary Planned Development to
allow a convenience store and gas station located at 3145 & 3125 Dodd Road.
City Planner Schultz provided a staff report and location map.
Kwik Trip representative Lowe was available for any questions.
Councilmember Fields moved, Councilmember Hansen seconded a motion to direct staff to submit to
the Metropolitan Council for approval of a Comprehensive Guide Plan Designation and if approved,
direct staff to implement the designation of IND, Limited Industrial, for vacated right-of-way upon
approximately 0.5 acres, located immediately east of the existing Starks Addition. Aye: 5, Nay: 0, Motion
Carried.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Rezoning from
I-1, Limited Industrial, to PD, Planned Development upon approximately 5 acres located at 3125 and
3145 Dodd Road. Aye: 5 Nay: 0, Motion Carried.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
Planned Development to allow a truck stop with motor fuel sales, car wash, outdoor display and pylon
sign, upon approximately 5 acres located at 3125 and 3145 Dodd Road, subject to the conditions listed
in the Advisory Planning Commission minutes. Aye: 5 Nay: 0, Motion Carried.
The conditions are as follows:
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:
a.Preliminary Site Plan
b.Preliminary Building Elevations
c.Preliminary Landscape Plan
d.Preliminary Site Lighting Plan
e.Preliminary Signage Plan
2.A Final Planned Development Agreement shall be required prior to issuance of a Building Permit.
The following plans are required for the Final Planned Development Agreement and shall be
consistent with the approved Preliminary Planned Development:
a.Final Site Plan (including outdoor display area)
b.Final Building Elevations
c.Final Landscape Plan
d.Final Site Lighting Plan
e.Final Signage Plan
f.Final Historical Plan
3.The Planned Development shall have a term of three (3) years.
4.The property shall be replatted into one legal lot of record.
5.The Site Plan shall be revised to meet required setbacks for both the buildings and fuel canopies.
6.The building exterior shall be in conformance with City Code standards which require at least
two different Class I and Class II materials comprising at least 65 percent of the building
provided not less than 35 percent is Class 1 materials and not more than 35 percent Class III and
Class IV materials.
7.Detailed building elevations shall be provided at the time of Final Planned Development for each
building. All buildings shall utilize the same architectural finish materials and features, and all
building elevations shall be consistent and must be approved at the time of Final Planned
Development.
8. The Final Building Elevations provided at the time of Final Planned Development for each
building shall include four-sided architecture and meet material finish requirements including
visual relief with sections or variations in planes and materials every 40 feet as per City Code
standards.
9. The trash enclosure shall be designed consistent with City Code standards in compliance with
City Code Section 11.70 Subd. 21.D.7.
10. The enclosure shall have gates providing 90 percent opacity of a durable and low-maintenance
material in a color that matches or is complementary to the brick.
11. The applicable performance standards for commercial car washes within City Code section 11.70
Subd. 18 .I. shall be met.
12. Ground-mounted mechanical equipment shall be screened by a fence or wall, or opaque
landscaping.
13. The applicant shall revise the sign plan so that no more than three total signs, distributed on up
to two elevations, are located upon the convenience store building.
14. The applicant shall revise the sign plan to meet City Code requirements for the fuel and diesel
canopies.
15. All signage shall be subject to compliance with the City Sign Code City Code standards, and a
Sign Permit shall be obtained prior to installation of any signs.
16. Site lighting shall be provided in conformance with City Code standards. Fixtures shall be
downcast and shielded so the source of light is no visible from off the property, illumination
throughout the parking lot should be not less than 0.5 footcandles and shall not exceed 1.0
footcandle at the property line.
17. The applicant shall obtain a temporary construction easement or agreement with the
neighboring property owners for any off-site grading, in a form acceptable to the City Attorney.
18. 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.
19. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention
and Post-Construction Stormwater Management Requirements (City Code Section 4.34) for
stormwater management and surface water quality, including land disturbance requirements,
and Runoff Rate Control and water quality equivalent of 1.1-inch Volume Control, for effective
treatment of the site’s impervious surface area (including effective soil remediation for all of the
site’s disturbed soils that are to be revegetated greenspace).
20. The applicant shall provide appropriately sized pre-treatment structures for oil, grit and
floatable pollutant separation immediately upstream of any stormwater filtration facility inlet to
provide for effective capture and easily-accessible cleanout. Pretreatment structures shall be
appropriate for use at fueling facilities and shall be able to provide treatment for the site’s
3.278-acre impervious drainage area, to the satisfaction of the City Engineer. Pre-treatment
structures shall be accessible by appropriate maintenance equipment. Details shall be included
in applicable plan sheet(s).
21. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
appropriate details for an enhanced-removal filtration basin, which shall include the removal of
a majority of dissolved phosphorus from the site’s stormwater runoff to the filtration basin, to
the satisfaction of the City Engineer. Details shall include construction cross-sections and notes
to include an appropriate impermeable rubber liner, under-drain with cleanout/vents and an
adjustable shut-off valve within the outlet structure. Plans shall include iron-sand mix
specification/composition/source and appropriate estimated iron-sand mix volume needed
based on accepted calculations for majority capture of dissolved phosphorus and minimum of
25-year service life. Basin bottom with exposed iron-sand shall not be planted, but remainder of
basin bottom shall be live-planted with appropriate species at 18-inch on-center spacing with
biodegradable netting erosion-control blanket. Side slopes shall be seeded or live planted and
covered with erosion-control blanket with biodegradable netting. Details shall include
temporary erosion-control protections at top and toe of side-slopes and sediment log
surrounding the iron-sand filter portion. These graphical details and notes shall be prominently
included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Pertinent plan sheets
shall also include notes that grading and utility contractor(s) shall provide minimum of 24-hours
advance notice to City Water Resources Staff of any grading or utility work involving the
proposed filtration basin system and installation of any pre-treatment structures, inlets, outlets
and any other structural components or critical construction steps, providing contact email and
phone number for City Water Resources Staff for arranging inspections at critical construction
steps.
22.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.
23.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. Before the city returns any Stormwater-related Performance Guarantee
Fees on the development site, the applicant shall demonstrate that all stormwater management
24.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 (oil/water/grit
separators, filtration basin, etc.), including greenspace soil loosening & amendment prior to
landscaping, conform to design and/or construction plans, as approved by the City. The
applicant shall submit to the City Engineer certification that the stormwater management
facilities have been installed in accord with the plans and specifications approved. This
certification shall be provided by a Professional Engineer licensed in the State of Minnesota.
25.The street, curb and gutter, trail, and boulevard shall be restored in a manner acceptable to the
City Engineer.
26.This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
27.Existing drainage and utility easements are currently located in both lots and shall be vacated
and rededicated according to current city requirements, in a manner acceptable to the City
Engineer.
28.The Landscape Plan shall be revised to provide screening near the transformer pad.
29.The applicant shall fulfill tree mitigation requirements through the installation of ten (10)
Category “B” trees or a cash amount of $5,000.00. This required Tree Mitigation shall be in
addition to any landscape requirements.
30.The applicant shall submit a revised Landscape plan that clearly identifies ten (10) Category “B”
trees for mitigation.
31.The applicant shall ensure the survival of preserved trees via protection of the tree’s critical root
zones through the placement of required Tree Protective measures (i.e., orange-colored silt
fence or 4-foot polyethylene laminate safety netting), to be installed at the Drip Line or at the
perimeter of the Critical Root Zone, whichever is greater.
32.The applicant shall contact the City Forestry Division and set up a pre-construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
33.For the Final Planned Development, the applicant shall provide a separate Landscape Plan
(trees, shrubs, and other plantings), Tree Mitigation Plan (in addition to landscaping), and a
combined Overall Planting Plan (showing both mitigation and landscape plant materials).
34.This development is subject to cash park and trail dedication due with the building permit. The
2022 rate for park dedication is $1,057 per 1,000 square feet of building area, and $1,451 per
net acre for trail dedication.
35.Approval of the Rezoning and Preliminary Planned Development shall make the existing
Conditional Use Permits tied to the property null and void.
36.The applicant shall work with city staff to determine the recognition of historical significance
and shall provide a detailed plan for how and where historical information about this site can be
included, in order to be visible and available to the public. The historical plan shall be submitted
at the time of Final Planned Development for inclusion in the Final Planned Development
Agreement.
37.The outdoor display performance standards shall be satisfied except for the display area size
which is delineated on the approved Site Plan.
COMPREHENSIVE GUIDE PLAN AMENDMENT,
REZONING, and PRELIMINARY PLANNED DEVELOPMENT
–Rivers of Life – Mark Abel
City Administrator Osberg introduced the item noting the request is a Comprehensive Guide Plan
Amendment from Low Density (LD) to Office/Service (O/S), a Rezoning from R-1, Residential Single
Family to PD, Planned Development, and a Preliminary Planned Development to allow a 28-unit memory
care/ assisted living facility located at 2811 Pilot Knob Road.
City Planner Schultz presented a staff report and a site map.
The architect was present to answer questions from the Council.
The Council discussed the site access shown on the current plan, where the only access is via Highview
Avenue. The architect stated that this was due to conversations with Dakota County that implied access
via Pilot Knob was not permitted. Public Works Director Matthys clarified Dakota County may prefer the
access not be on Pilot Knob Road, but because there is no plat requirement, they cannot require it.
Councilmember Supina stated preference for an access to Pilot Knob Road that could serve the
property, while eliminating the access to the site from Highview Avenue.
Councilmember Bakken stated that he could not support the redevelopment if the only access to the
property was via Highview Avenue.
Mayor Maguire called for comments from the public.
Marvin Youness, 1426 Highview Avenue, stated the issue of access to the site is still of concern to the
neighborhood. His questions on the need for an environmental impact study and park dedication funds
were addressed.
Mayor Maguire returned the discussion to the Council for further discussion and motion. Council voiced
concerns regarding the lack of access onto Pilot Knob Road. Council suggested the applicant consider
waiving the 60-day review to allow plan revisions addressing Councils concerns. City Attorney Bauer
stated the plan may need further review by the Advisory Planning Commission, but would depend on
the significance of the plan changes.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue this item
indefinitely. Aye: 5, Nay: 0, Motion Carried.
PLANNED DEVELOPMENT AMENDMENT –
Tailwind Technologies – Chris Hypes
City Administrator Osberg introduced the item, a Planned Development Amendment to allow a building
expansion of approximately 30,000 sq. ft. with 73 additional parking stalls located at 3344 Highway 149.
City Planner Schultz provided a staff report and site map.
The applicant was present to answer questions.
Mayor Maguire inquired about tree mitigation, staff and Shari Ahrens, Westwood Professional Services,
clarified future tree mitigation for the project, noting the applicant will work with Staff to determine if
additional trees could be installed on the western portion of the site.
Councilmember Supina requested clarification of the underground stormwater retention system. Ms.
Ahrens clarified the intended capture of additional stormwater. Councilmember Supina also inquired
about the site lighting. Ms. Ahrens noted the proposed shields to minimize glare to the adjacent
residents.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow a 30,000 square foot expansion of the building and parking lot
expansion at 3344 Hwy. 149, subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion
carried.
The conditions are as follows:
1.A Planned Development Amendment Agreement shall be executed and recorded at the
Dakota County Recorder’s Office prior to issuance of all required building permits. The
following are required for the Agreement:
A.Site Plan
B.Landscape Plan
C.Tree Preservation Plan
D.Site Lighting Plan
2.The applicant shall relocate the trash containers within the building or construct an
enclosure consistent with City Code standards.
3.Exterior materials for the building addition shall be consistent with existing materials and
finishes. Introduction of new materials and colors shall be compatible with the existing
building.
4.Any rooftop or ground mounted mechanical equipment shall be shown on the building
elevations and site plan submitted for building permit. The plans also shall demonstrate the
manner of screening for both ground and rooftop mechanical equipment.
5.The applicant shall provide a revised Site Lighting Plan should for inclusion in the Planned
Development Amendment Agreement that shows increased illumination at the outer edges
of the parking lot and adjacent to the building, with minimum light levels of 0.5 footcandles
throughout and an average to minimum ratio of not less than 4.0 footcandles. House side
shields shall be provided.
6.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.
7.This development shall comply with Eagan’s Land Disturbance Stormwater Pollution
Prevention and Post‐Construction Stormwater Management Requirements (City Code
Section 4.34) for stormwater management and surface water quality, including 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).
8.Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
to the City with soil borings equally spaced within the footprint of any proposed infiltration
feature, extending a minimum of 10’ below the bottom of the proposed infiltration
excavation with continuous sampling, to evaluate and ensure suitability for infiltration of
stormwater, including, but not limited to, depth to saturated soils and P200 analysis if SM
soils are encountered below the excavation extent. A minimum of 4 soil borings must be
provided within the footprint of each of the underground infiltration chamber systems. If
the soil boring logs indicate incompatibility of existing sub‐soil permeability, or shallow
groundwater conflict, or soil contamination, 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.
9.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 underground stormwater infiltration 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.
10.Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
and include in the plan set all underground stormwater infiltration system details, including
that a) an off‐line bypass to prevent construction stormwater from entering the infiltration
chambers shall be provided until drainage area stabilization, b) solid bottom isolator row
(appropriately sized) is provided at any stormwater inlet point into the underground
systems, c) no limestone shall be used below or between the infiltration chambers, d)
unobstructed physical access via manhole will be provided to either end of the isolator row
for inspection and maintenance, e) 10‐inch minimum diameter inspection ports will be
provided on all infiltration 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 basins and underground
infiltration chamber system, including over‐excavation, installation of pre‐treatment
structures, inlets, outlets, sump skimmer hoods, etc. Shop drawings related to the
underground stormwater infiltration chamber system must be provided to the City for
review before installation.
11.During infiltration system over‐excavation/sub‐soil work, the applicant shall ensure that a
Certified Soil Scientist will be present to verify and document that practice area sub‐soils are
suitable for a saturated‐state infiltration rate of no less than 0.5‐inches per hour (based on
0.25‐inch per hour design rate with safety factor) or greater (but less than 8.0‐inch per
hour). If the sub‐soil infiltration rates are less than 0.5‐inches per hour (or greater than 8.0‐
inch per hour), the applicant shall immediately notify the City Engineer and revise the
volume control practice(s) design and construction as necessary (e.g. over‐excavation/soil‐
amendment depth, etc.) to ensure volume control requirements are fully met. Verification
of sub‐soil infiltration testing rates shall be provided immediately to the City of Eagan on the
day of infiltration testing. The applicant shall ensure that the City Water Resources staff is
provided 24‐hour advance notice of the occurrence of infiltration verifications and also
provided notice prior to any excavation and/or soil backfilling within the infiltration
practices, to arrange for inspections.
12.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.
13.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.
14. 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,
infiltration basins, underground infiltration chamber gallery, etc.), including soil loosening
and 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 systems 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.
15. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
16. The applicant shall provide a contractor parking and staging plan prior in a manner
acceptable to the City Engineer, prior to approval of any land disturbing activities.
17. The development shall be responsible for the acquisition of all regulatory agency permits
required by the affected agency prior to the issuance of a building permit.
18. The applicant shall fulfill the tree mitigation requirement of two‐hundred sixty‐two (262)
Category B trees or equivalent cash dedication. Financial assurances will be collected with
the building permit and in accordance with City Code.
19. The applicant shall submit a revised Landscape Plan that shows the fulfillment of mitigation
requirements in the form of trees installed, cash dedication, or a combination of both.
20. A performance guarantee shall be required for the preservation of trees within 15’ of the
construction zone. The performance guarantee is to be collected prior to the issuance of
any land disturbance permit.
21. The developer shall ensure the survival of preserved trees via protection of the tree’s critical
root zones through the placement of required Tree Protective measures (i.e., orange
colored silt fence or 4‐foot polyethylene laminate safety netting), to be installed at the Drip
Line or at the perimeter of the Critical Root Zone, whichever is greater.
22. The developer shall contact the City Forestry Division and set up a pre‐construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There were no Legislative/Intergovernmental affairs items.
IX. ECONOMIC DEVELOPMENT AUTHORITY
Mayor Maguire called the meeting to order at 9:19 pm.
A. CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
agenda as presented. Aye: 5, Nay: 0. Motion carried.
1.It was recommended to approve the minutes of the January 18, 2022 Economic
Development Authority.
2.It was recommended to appoint Dianne Miller as Executive Director effective March 5, 2022.
B.EDA ORGANIZATIONAL BUSINESS
There were no EDA Organizational Business items.
C.OLD BUSINESS
There were no Old Business items
D.NEW BUSINESS
There were no New Business items.
E.OTHER BUSINESS
There was no other business.
F.ADJOURN
Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the EDA meeting.
Aye: 5, Nay: 0. Motion carried.
X.ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
XI.VISITORS TO BE HEARD
There were no visitors to be heard.
XII.ADJOURNMENT
Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 9:20pm.
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Date
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Mayor
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City Clerk
April 5, 2022