04/05/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
April 5, 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, April 5, 2022, at 6:30 p.m. Present were
Mayor Maguire, Councilmembers Hansen, Bakken, Fields, and Supina. Also present: City Administrator
Miller, City Attorney Bauer, Police Chief New, Finance Director Feldman, Parks & Recreation Director
Pimental, Public Works Director Matthys, City Planner Schultz, and Community Development Director
Hutmacher.
II. ADOPT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5, Nay: 0. Motion carried.
III. RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
IV. CONSENT AGENDA
Councilmember Fields 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 March 1, 2022 Regular, March 8, 2022
Special, and March 15, 2022 Regular City Council meetings as presented or modified.
B. Personnel items:
1. It was recommended to approve the collective bargaining agreement with the
Eagan Public work and Parks Collective Bargaining Unit.
2. It was recommended to approve revisions to the Employee Handbook.
3. It was recommended to approve the collective bargaining agreement with the Law
Enforcement Labor Services Local #170 – Police Officers Unit.
4. It was recommended to approve a Memorandum of Agreement regarding
Scheduling between the City of Eagan and the LELS Local #170 – Police Officers.
5. It was recommended to approve the hiring of Arlen Madsen for the position of
Senior Plumbing and Mechanical Inspector.
6. It was recommended to accept the resignation/retirement of Bill Hoium, Streets
Maintenance Worker, and authorize replacement.
7. It was recommended to accept the resignation /retirement of Joanna Foote,
Communications Coordinator, and authorize replacement.
8. It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
• Abdulbari Ahmed Engineering Intern
• Nicholas Austin Engineering Intern
• Nathan Willett Forestry Technician
• Antonio Allen Guest Relations Crew
• Emma Stok Guest Relations Crew
• June Moua Guest Relations Crew
• Levi Zimmerman Guest Relations Crew
• Samuel Hart Guest Relations Crew
• Abby Whitcomb Guest Relations Crew
• Grady Barnridge Guest Services - ECC
• Mollie Tolic Lifeguard
• Paige Tolic Lifeguard
• Andrew Woods Park Laborer
• Anthony Wills Park Laborer
• Austin Holm Park Laborer
• Conor O’Donnell Park Laborer
• Hannah Stine Park Laborer
• Jacob Brooks Park Laborer
• Connor O'Donell Park Laborer
• Jeff Kells Park Laborer
• Lucas Arvidson Park Laborer
• Nik Bailey Program Assistant- Camp ECC
• Timothy Leiran Park Laborer
• Landon Contos Pool Attendant
• Mary Forester Pool Attendant
• Kelsey Lamountain Pool Attendant
• Kendall Peterson Preschool Teacher
• Alexa Butruff Program Assistant Camp ECC
• Mason Hart Recreation Leader- Camp ECC
• Sreeya Talatam Recreation Leader - Camp ECC
• Caitlin McWilliams Utility GIS Worker
• Erik Larson Utility GIS Worker
C. It was recommended to ratify the check registers dated March 11, 2022, March 18, 2022,
and March 25, 2022.
D. It was recommended to approve the following ordinary and customary contracts:
1. Vendor Service Agreement with LuLu Event Rentals for Farm to Table Event
2. Vendor Service Agreement with James Dahl for Volunteer Appreciation Dinner
3. Vendor Service Agreement with Marv Gohman for Holz Farm Spring Festival
4. Sponsorship Agreement with River Valley Church
5. Sponsorship Agreement with Viverant
6. Agreement for July 4th Outdoor Fireworks Display
7. Agreement for EBT & Market Bucks Initiative with Hunger Solutions
8. Services Agreement with Ellie Mental Health Clinic to provide services to Law
Enforcement and First Responders
9. Service Agreement with Wilderness Inquiry for Eagan LakeFest Event
10. Termination of Caterer Agreement with Kowalski's Catering for Services at the ECC
E. It was recommended to approve fiber optic use agreements with Velocity Telephone, Inc.
F. It was recommended to approve a Temporary On-Sale Liquor License for Twin Cities
Goodtime Softball League on May 28 and 29, 2022 at Northview Park and Lexington-Diffley
Athletic Fields
G. It was recommended to approve precinct boundaries and polling locations resolution for
2022 Legislative Redistricting
H. It was recommended to approve a request to accept a surplus M-ATV
I. It was recommended to accept a donation for a memorial bench at Thomas Lake Park
J. It was recommended to approve Change Order No. 1, Contract 21-28, Gun Club Road Trunk
Sanitary Sewer Extension
K. It was recommended to award Contract 22-02, 2022 Neighborhood Street Revitalization
L. It was recommended to receive Petition to Vacate Storm Sewer Ponding & Well Field
Development Agreements, Lot 1, Block 1, Yankee Doodle Professional Building (1519 Central
Parkway) and schedule a public hearing for May 3, 2022.
M. It was recommended to receive Petition to Vacate Drainage & Utility Easements, Lot 1 & 3,
Fox Forest Addition/Lot 1, Block 1 Fox Forest 3rd Addition, and Easement Document No.
955421, and Schedule a Public Hearing for May 3, 2022
N. It was recommended to approve a Joint Powers Agreement with Dakota County for Project
1462, Diffley Road (CSAH 30 Pavement & Drainage Improvements- County Project No. 30-
40)
O. It was recommended to approve a Joint Powers Agreement with Dakota County for Project
1472, Lone Oak Road (CSAH 26, Vince Trail to Pilot Knob Road) Trail Improvements- County
Project No. 26-69).
P. It was recommended to approve a Joint Powers Agreement with Dakota County for Project
1477, Lone Oak Road (CSAH 26 Corridor Study- County Project No.s 26-66 & 26-67)
Q. Item pulled from the agenda.
R. Item pulled from the agenda.
S. Item pulled from the agenda
T. It was recommended to adopt a resolution delegating authority to the Director of Finance to
make reimbursement declarations for certain proposed projects to be undertaken by the
City.
U. It was recommended to approve the rate for special assessments over the next twelve
months.
V. It was recommended to direct preparation of an ordinance amendment to City Code
Chapter 6 regarding a rental licensing program
W. It was recommended to approve a one-year extension of the variance approval for 10-feet
to the required 40-feet structure setback from Duckwood Drive, upon property located at
3540 Federal Drive.
X. It was recommended to approve the final planned development for Sola Salon located at
4040 Eagan Outlets Parkway
Y. It was recommended to approve an On-sale and Sunday Liquor License for J & K Inc. doing
business as Kyu Ramen at 1278 Town Centre Drive Suite 175.
Z. It was recommended to adopt a resolution authorizing signing authority to the Chief of
Police to receive reimbursement for tobacco compliance checks from the State of
Minnesota Department of Human Services Behavior Health Division
AA. It was recommended to approve a Temporary On-Sale Liquor License and waive the fee for
the Eagan Rotary Community Service Foundation on May 7, 2022 for event located at the
Eagan Festival Grounds located at Eagan Central Park, 1507 Central Parkway.
V. PUBLIC HEARINGS
VACATION of Public Drainage and Utility Easement –
Lot 12, Block 1, Prettyman Heights (1563 Skyline Trail)
Administrator Miller introduced the item and invited Public Works Director Matthys to present more
information. Director Matthys stated the purpose of the request is to install a swimming pool in the
backyard. If approved, the easement will be revised to the standard sizes adjacent to lot lines. Staff have
received no objections to the request.
Mayor Maguire opened the public hearing. Hearing no comment, the Mayor returned the conversation
to Council for additional comment or action.
Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing
and approve the vacation of a portion of the public drainage and utility easements on Lot 12, Block 1
Prettyman Heights (1563 Skyline Trail). Aye: 5, Nay: 0. Motion carried.
VI. OLD BUSINESS
REZONING and PRELIMINARY PLANNED DEVELOPMENT – Rivers of Life – Mark Abel – A Rezoning from
R-1, Residential Single Family to PD, Planned Development for a memory care/enhanced assisted
living community and a Preliminary Planned Development to allow for a 28-unity memory
care/assisted living facility located at 2811 Pilot Knob Road
Administrator Miller introduced the item and invited City Planner Schultz to present more information
and a location map. City Planner Schultz stated the applicant was asked to make revisions from the
March 1st Council meeting. Planner Schultz outlined the changes from the original plan, including the
addition of an access onto Pilot Knob Road, utilizing the current access.
Community Development Director Hutmacher stated the current plans show full access on Pilot Knob
Road. Director Hutmacher noted the County offered a compromise of a right-in only access. Hutmacher
noted the County and City attorneys disagree on the County’s authority to regulate the existing access.
If the Council chooses to accept the proposal as presented tonight, the applicant may challenge the
County’s position of blocking full access or could move forward with the right-in only option. The
magnitude of the changes required to modify the current proposal to the right-in only option are
minimal and could be handled in a Final Planned Development rather than requiring a resubmittal.
Director Hutmacher added that, typically, Final Planned Developments are approved via the Consent
Agenda, not Old Business, so staff would be seeking input on whether the Council is interested in
continuing that practice for this item.
Director Hutmacher noted the applicant is contending with Council’s request to provide direct access
from Pilot Knob Road and the County’s ability to deny required permits.
Director Matthys presented on the safety features and tradeoffs with the access options available to the
applicant
The applicant, Mark Abel was present and addressed the Council. Mr. Abel stated he would be willing to
include a right-in only access if directed.
City Attorney Bauer stated the County’s initial position was that it could legally close the access. Bauer
noted the County has the ability to attach conditions as part of a permit to do work in the right of way.
The Mayor called for public comment; hearing none, he returned the conversation to the Council for
additional discussion and action.
The Mayor stated that approval of the plan as presented would provide for full access via Pilot Knob,
though the County may seek to restrict access to right-in only.
The Council discussed whether the plan should be approved as full access.
Councilmember Supina moved, Councilmember Bakken seconded a motion to implement a
Comprehensive Guide Plan Amendment to change the land use designation from LD (Low Density) to
O/S (Office/Service) upon approximately 1.93 acres located at 2811 Pilot Knob Road, legally described as
Lot 1, Highview Acres. Aye: 5, Nay: 0. Motion carried.
Councilmember Supina moved, Councilmember Hansen seconded a motion to approve a Rezoning from
R-1, Single-family residential to PD, Planned Development, to allow construction of a 28-unit memory
care and assisted living facility upon property located at 2811 Pilot Knob Road, legally described as Lot 1,
Highview Acres. Aye: 5, Nay: 0. Motion carried.
Councilmember Supina moved, Councilmember Fields seconded a motion to approve a Preliminary
Planned Development to allow construction of a 28-unit memory care and assisted living facility upon
property located at 2811 Pilot Knob Road, legally described as Lot 1, Highview Acres, 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:
• Preliminary Site Plan
• Preliminary Building Elevations
• Preliminary Landscape Plan
• Preliminary Site Lighting Plan
• Preliminary Signage Plan
2. A Final Planned Development Agreement shall be required 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:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Site Lighting Plan
• Final Signage Plan
3. The Planned Development shall have a term of three (3) years.
4. This Preliminary Planned Development approves a one-story assisted living and memory care
facility with 28 units.
5. The building exterior shall conform with City Code standards which require at least two Class I
materials comprising at least 65 percent of the building and no more than 35 percent Class II
and Class III materials.
6. The trash enclosure shall be designed consistent with City Code standards in compliance with
City Code Section 11.70 Subd. 21.D.7.
7. All signage shall be subject to compliance with the City Sign Code standards, and a Sign Permit
shall be obtained prior to installation of any signs.
8. Site lighting shall be provided in conformance with City Code standards. Fixtures shall be
downcast and shielded so the source of light is not 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.
9. 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.
10. 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 1.1-inch Volume Control of effective retention of the site’s
impervious surface area (including effective soil remediation for all of the site’s disturbed soils
that are to be revegetated).
11. 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 feet 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 three (3) soil borings must be
provided within the footprint of the proposed stormwater infiltration basin. 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.
12. The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum
depth sump, 5-foot minimum diameter, with floatable skimmer hood) at, or immediately
upstream of, any 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.
13. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of the proposed infiltration basin following MPCA Minnesota Stormwater
Manual Standards & City Engineering Standards for Infiltration Basins for City
review/acceptance by the City Engineer and include in construction plans. Construction details
shall include infiltration basin cross-sections construction/protection/inspection notes,
infrastructure components involved, subsoil testing/loosening, soil media specifics, and
planting/stabilization specifics, to ensure infiltration practices are properly designed,
constructed, planted, and adequately protected during / after construction to prevent clogging,
and able to be properly maintained to function as intended. Infrastructure details shall be
included for stable inlets, outlets and emergency overflows and unobstructed access for
inspections and maintenance of inlets/outlets. Details for basin soil requirements shall include
sub-soil infiltration testing for the infiltration basins following City/MPCA guidelines, sub-soil
ripping of 18-inch depth minimum x 18-inch maximum spacing at over-excavation prior to soil
amendment backfilling, and appropriate soil amendment criteria. Details for planting and
stabilization requirements shall include live planting at 18-inch on-center spacing of all basin
bottom area, seeded or live-planted sideslopes, and permanent erosion-control details for basin
bottom and side-slopes, etc. These graphical details and notes shall be prominently included in
all applicable plan sheets (e.g. Grading Plan, Utility Plan, Details, etc.). Notes shall be provided
that grading and utility contractor(s) shall provide 24-hours advance notice to City Water
Resources Staff of any grading or utility work involving the proposed infiltration basin, including
installation of all inlets and outlets, including contact email and phone number for City Water
Resources Staff.
14. 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 0.7-inches per hour (based on 0.35-
inch per hour design rate with 2x safety factor) or greater (but less than 8.0-inch per hour). If the
sub-soil infiltration rates are less than 0.7- 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.
15. 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.
16. 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.
17. 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 (sumps, infiltration basin, 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 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.
18. The street, curb and gutter, trail, and boulevard shall be restored in a manner
acceptable to the City Engineer.
19. This development shall provide hydrant spacing and locations in accordance with City
Fire Department and Public Works standards.
20. The applicant shall dedicate standard drainage and utility easements around the
perimeter of the property in a form acceptable to the City Attorney.
21. The applicant shall obtain a separate right-of-way permit from the City for any work
within the Highview Avenue right of way.
22. 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.
23. All construction and/or silt fence shall be installed on the back side of the trail and no closer
than two feet from the edge of the trail. Between November 1 and April 1, all fencing shall be
located at least five feet from the back side of the trail and back of curb.
24. This development shall accept its additional financial obligations as defined in the staff’s report
in accordance at the time of building permit.
25. This development shall dedicate adequate drainage and ponding easements, in accordance with
requirements set forth in the latest version of the City’s Stormwater Management Plan.
26. 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.
27. The applicant shall submit a revised tree preservation plan and tree data table that rectifies
critical root zone encroachments and recalculates mitigation as necessary. Should mitigation be
required, the applicant shall also submit a Tree Mitigation Plan showing the fulfillment of the
required tree mitigation for approval prior to Final Planned Development or Final Subdivision.
The Tree Mitigation Plan shall show the number of, size, and species of all required mitigation
trees in plan form as well as tabular form. Mitigation trees are in addition to landscape
requirements and shall be labeled as such on an overall Landscape and Tree Mitigation Plan. If
required mitigation trees cannot fit on site, the balance of mitigation shall be provided as cash
payment as identified in the City’s Fee Schedule.
28. Tree protective measures shall be placed at the drip line or at the perimeter of the Critical Root
Zone (CRZ), whichever is greater. If tree protection fencing cannot be placed and maintained at
the required distance from preserved trees, then either a) these trees shall be considered as
removed; or b) a Tree Health Management Plan prepared by a certified arborist shall be
provided indicating tree management activities to be implemented that will ensure the survival
of these trees.
29. In accordance with the Tree Preservation Ordinance, a Performance Guarantee shall be
provided in the amount of $25.00 per diameter inch to ensure the preservation of all significant
trees within 15 feet of the construction zone.
30. The applicant shall contact the City Forestry Division and set up a pre-construction site
inspection at least five (5) 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.
VII. NEW BUSINESS
VARIANCE and CONDITIONAL USE PERMIT – Stanley & Wencl – A Variance to deviate from the
building material standards for expansion of an existing non-conforming building, and a Conditional
Use Permit to allow outdoor storage of one cargo container and 16 trucks, 8 of which are to be
located at loading docks located at 3285 Terminal Drive
Administrator Miller introduced the item and invited City Planner Schultz to present a location map and
more information.
City Planner Schultz provided a staff report and site map of the subject property.
City Planner Schultz noted the Planning Commission reviewed the proposal and did recommend
approval of both the CUP and the Variance.
The Mayor called for public comment on the item. Hearing none, he returned the conversation to
Council for additional discussion and action.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit to allow outdoor storage of one cargo container, 16 trucks, and one 20-yard dumpster, upon
property located at 3285 Terminal Drive, legally described as Lot 3, Block 1, Tan Me Addition, subject to
the conditions listed in the Advisory Planning Commission Minutes. Aye: 5, Nay: 0. Motion carried.
The conditions are as follows:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council.
2. This Conditional Use Permit allows the outdoor storage of 16 trucks, one cargo container, and
one 20-yard dumpster on the property. Outdoor storage is limited only to those items in the
locations and quantities indicated on the approved Site Plan received March 8, 2022.
3. If the City determines that all required parking is necessary, the proof of parking plan shall be
implemented and the owner will be compelled to remove the outdoor storage from the
property to provide the required proof of parking.
4. All outdoor storage items, and the cargo container in particular, shall be maintained in a well
kept manner. The 20-yard dumpster shall be maintained consistent with City Code standards for
trash receptacles, with a cover and drain plug in place.
5. All new and existing mechanical equipment shall be shown on the Building Elevations plan, and
the applicant shall demonstrate compliance with the screening requirements at the time of
Building Permit application.
6. A revised landscape plan shall be provided with the building permit to eliminate the conflict
between trees and utilities along Sun Drive. Shrubs and perennial plantings are acceptable
alternative in this area.
7. An automatic irrigation system shall be provided for all landscaped areas. All landscaped areas
shall be maintained in accordance with the landscape ordinance.
8. The applicant shall submit a revised Landscape Plan and Tree Mitigation Plan that fulfills the
mitigation requirement indicated above through a combination of on-site mitigation planting
and/or cash dedication.
9. A photometric site lighting plan shall be provided with the Building Permit application. The plan
shall strive to achieve a minimum of 0.5 footcandles of illumination throughout the parking and
outdoor storage areas, with not more than 1.0 footcandle at the property lines. All fixtures shall
be downcast and shielded such that the source of light is not visible from off the property.
10. The applicant shall revise the storm sewer plan to add additional storm sewer and catch basin(s)
to capture the drainage before it leaves the site, in a manner acceptable to the City Engineer.
11. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
12. 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.
13. 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).
14. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
appropriate soil analysis to the City to evaluate and ensure suitability for infiltration of
stormwater, including, but not limited to, P200 analysis of SM soils encountered below the
excavation extent. If the sub-soil analysis indicates 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.
15. The applicant shall provide adequately sized pre-treatment structure (e.g. four-foot minimum
depth sump, five-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.
16. 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 has occured, 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, and f) underground pipe gallery system shall be sized to fully provide
instantaneous retention volume within the pipe gallery (not including the surrounding rock).
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 pipe gallery system, including over-excavation, installation of pre-treatment
structures, inlets, outlets, sump skimmer hoods, etc. Shop drawings related to the underground
stormwater infiltration pipe gallery system must be provided to the City for review before
installation.
17. 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 0.9-inches per hour (based on 0.45-
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 0.9-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.
18. 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.
19. 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.
20. 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, underground infiltration pipe
gallery, 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 pipe 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
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance to
deviate from the building materials standards for expansion of an existing non-conforming building,
upon property located at 3285 Terminal Drive, legally described as Lot 3, Block 1, Tan Me Addition,
subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried.
The conditions are as follows:
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the council. Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
2. All new and existing mechanical equipment shall be shown on the Building Elevations plan, and
the applicant shall demonstrate compliance with the screening requirements at the time of
Building Permit application.
3. A revised landscape plan shall be provided with the building permit to eliminate the conflict
between trees and utilities along Sun Drive. Shrubs and perennial plantings are acceptable
alternative in this area.
4. An automatic irrigation system shall be provided for all landscaped areas. All landscaped areas
shall be maintained in accordance with the landscape ordinance.
5. The applicant shall submit a revised Landscape Plan and Tree Mitigation Plan that fulfills the
mitigation requirement indicated above through a combination of on-site mitigation planting
and/or cash dedication.
6. A photometric site lighting plan shall be provided with the Building Permit application. The plan
shall strive to achieve a minimum of 0.5 footcandles of illumination throughout the parking and
outdoor storage areas, with not more than 1.0 footcandle at the property lines. All fixtures shall
be downcast and shielded such that the source of light is not visible from off the property.
7. The applicant shall revise the storm sewer plan to add additional storm sewer and catch basin(s)
to capture the drainage before it leaves the site, in a manner acceptable to the City Engineer.
8. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
9. 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.
10. 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).
11. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
appropriate soil analysis to the City to evaluate and ensure suitability for infiltration of
stormwater, including, but not limited to, P200 analysis of SM soils encountered below the
excavation extent. If the sub-soil analysis indicates 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.
12. The applicant shall provide adequately sized pre-treatment structure (e.g. four-foot minimum
depth sump, five-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.
13. 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 has occured, 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, and f) underground pipe gallery system shall be sized to fully provide
instantaneous retention volume within the pipe gallery (not including the surrounding rock).
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 pipe gallery system, including over-excavation, installation of pre-treatment
structures, inlets, outlets, sump skimmer hoods, etc. Shop drawings related to the underground
stormwater infiltration pipe gallery system must be provided to the City for review before
installation.
14. 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 0.9-inches per hour (based on 0.45-
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 0.9-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.
15. 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.
16. 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.
17. 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, underground infiltration pipe
gallery, 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 pipe 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.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There were no Legislative/Intergovernmental affairs items.
IX. ECONOMIC DEVELOPMENT AUTHORITY
There were no Economic Development Authority items.
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 7:50 pm.
______________________
Date
______________________
Mayor
______________________
City Clerk
4/19/2022