09/20/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
September 20, 2022
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Hansen, and Supina.
A regular Eagan City Council meeting was held on Tuesday, September 20, 2022, at 6:30 p.m. Present
were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. Also present: City
Administrator Miller, Assistant City Administrator Alig, City Attorney Bauer, Community Development
Director Hutmacher, City Planner Schultz, Finance Director Feldman, and Public Works Director Matthys.
I.ADOPT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to adopt the agenda as
presented. Aye: 5, Nay: 0. Motion carried.
II.RECOGNITIONS AND PRESENTATIONS
ADMINISTER Oath of Office to Newly Appointed Eagan Police Officer, Kade Eggum
Mayor Maguire invited Police Chief New to the podium to administer the oath. Chief New thanked the
Council and welcomed family and friends of Officer Eggum in attendance. Officer New administered the
oath of office to Officer Eggum.
III.CONSENT AGENDA
Councilmember Bakken moved, Councilmember Supina 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 September 6, 2022 City Council
meetings.
B.Personnel Items:
1.It was recommended to approve the promotion of Konnie Her from seasonal Recreation
Program Specialist to full-time Recreation Programmer
2.It was recommended to accept the resignation of Lawrence (Joe) Pluta, Park
Maintenance Worker and authorize replacement.
3.It was recommended to approve the revisions to the Employee Handbook.
4.It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
•Elizabeth Hammes Group Fitness Instructor
•Sarah Phillip Manager on Duty – Arena
•Tammy Weigel Manager on Duty – Arena
•Meghan Avise Skate Instructor
•Sarah Avise Skate Instructor
•Hannah Sherman Skate Instructor
City Council Meeting Minutes
September 20, 2022
Page 2
C. It was recommended to ratify the check registers dated September 2, and September 9,
2022.
D. It was recommended to approve the following ordinary and customary contracts:
1. Agreement with AVI to design new broadcast control rooms and supporting equipment
for the Council Chambers and Eagan Room
2. Agreement with Blue Peak Consulting to provide mental health and resiliency services to
Eagan Firefighters
E. Item pulled from agenda.
F. It was recommended to approve the final disposition of the Water Meter
Inspection/Repair/Replacement (I/R/R/) Program (City Code 3.05) surcharge for the
identified properties in accordance with the related City Ordinance.
G. It was recommended to approve Change Order No. 2 for Contract 22-01 (Neighborhood
Street Revitalization) and authorize the Mayor and City Clerk to execute all related
documents.
H. It was recommended to receive the petition to vacate public drainage and utility easements
on Lot 1, Block 1 Kwik Trip Eagan Addition and Lot 1, Block 1, Starks Addition (3145 & 31325
Dodd Road) and schedule a public hearing to be held on October 18, 2022.
I. It was recommended to receive the bids for Contract 22-25 (2022 City-Owned Streetlight
Improvements), award a contract to Taylor Electric for the base bid in the amount of
$134,917.50 and authorize the Mayor and City Clerk to execute all related documents.
J. It was recommended to approve a resolution appointing absentee ballot board judges and
designating them as deputy city clerks for the purpose of administering the November 8,
2922 General Election.
K. It was recommended to approve the general insurance renewal for the period of July 1,
2022, to July 1 2023.
L. It was recommended to Approve an additional Off-Sale Malt Liquor Packaging License for
Bald Man Brewing, Inc. doing business as Bald Man Brewing at 2020 Silver Bell Road Unit 25.
M. It was recommended to adopt a resolution authorizing Signing Authority to the Director of
Communications & Engagement for an agreement with Archive Social.
IV. PUBLIC HEARINGS
VARIANCE – Thomas and Betty-Ann Kleinschmidt –
1024 Wescott Court
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. Schultz provided a staff report and location map. City Planner Schultz stated the variance
request is to allow for additional building coverage for the proposed conversion of an existing deck to a
three-season screen porch. Schultz noted the changes to the R-1S zoning standards after construction of
the home.
Mayor Maguire invited the applicant to address the council. Tom Kleinschmidt was present and offered
to answer any questions.
Mayor Maguire called for public comment on the item. Hearing none, he returned the conversation to
Council for additional discussion and a motion.
City Council Meeting Minutes
September 20, 2022
Page 3
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Variance of 715
square feet (3.7% overage) to the maximum 2,000 square foot (20%) building coverage standard to
allow the addition of a screen porch to the single-family dwelling at 1024 Wescott Court, subject to the
conditions listed in the staff report. Aye: 5, Nay: 0. Motion carried.
Subject to the following conditions:
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. A Building Permit shall be required prior to construction of the addition.
APPROVE Final Assessments for Project 1409 – Eagandale Industrial Park
City Administrator Miller introduced the item and invited Public Works Director Matthys to provide
additional information. Director Matthys stated the total project cost was about $941,000. The City’s
assessment policy states that 100 percent of the mill and overlay cost in commercial/industrial zones are
the responsibility of the adjacent property owner, so about $850,000 would be assessed upon approval.
Director Matthys stated notices were mailed and published as required.
Mayor Maguire called for public comment on the item. Hearing none, he returned the conversation to
Council for additional discussion and motion.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and approve the Final Assessment Report for Project 1409 (Eagandale Industrial Park) and authorize its
certification to Dakota County for collection. Aye: 5, Nay: 0. Motion carried.
V. OLD BUSINESS
There were no items for Old Business.
VI. NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT and
PRELIMINARY SUBDIVISION – Tidal Wave Car Wash / John Lapointe –
2055 Cliff Road
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz provided a location map and staff report regarding the proposed
Planned Development Amendment. Schultz highlighted the recent development history of the site and
provided an overview of the proposed car wash project.
City Council Meeting Minutes
September 20, 2022
Page 4
Mayor Maguire invited the applicant, John Lapointe, to address the Council. Mr. Lapointe thanked the
Council for considering the proposal and offered to answer any questions.
Mayor Maguire opened the discussion to the Council.
Mayor Maguire asked staff if the proposal could be considered the highest and best use of the property.
Community Development Director Hutmacher explained the ways of defining highest and best use,
contrasting the City’s view which considers public good as measured by jobs and tax base, with a
developer’s view, which focuses primarily on revenue generated from the site. According to the City’s
financial advisor, property taxes generated by the car wash proposed are likely to be significantly less
than for a 14,000 square foot retail building, which was approved in the 2019 Planned Development
Amendment.
Mayor Maguire asked the applicant what their perception of the public benefit was for the proposal. Mr.
Lapointe stated the car wash would provide roughly 15 jobs. The car wash would not generate
significant additional traffic in the area but would draw customers who are already in the area utilizing
other retail amenities.
The Council asked questions of the applicant relating to site operations, traffic flow, and community
partnerships.
Mayor Maguire called for public comment on the item. Hearing none, the mayor returned the
conversation to Council for additional discussion and motion.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow a commercial car wash upon approximately 1.62 acres in the
northeast portion of the property located at 2055 Cliff Road, legally described as Lot 1, Block 1, Park
Center Seventh Addition, subject to the conditions listed in the APC minutes.
Mayor Maguire thanked the applicant for the proposal and presentation.
Mayor Maguire stated the site was in an area of the City where redevelopment of property was
anticipated, involving intensification of uses. The Mayor stated he did not believe the proposal was not
consistent with the vision that guided the PD Amendment in 2019 and had hoped the use of the site
could have generated greater public benefit than the current proposal was projected.
Councilmember Bakken stated he believes high-density residential buildings generate a higher demand
for public services, and that there are measurable public benefits to services such as a car wash to the
area. Councilmember Bakken stated he would vote in favor of the proposal due to improvements that
would be made to the site.
Councilmember Supina acknowledged the addition of families to a community through multifamily
housing buildings benefits schools by increasing student numbers as well as businesses with additional
customers. Given the Council’s position on adding housing to the site, Councilmember Supina stated he
believes the car wash fits the commercial use as defined in the PD and would be voting in favor of it.
City Council Meeting Minutes
September 20, 2022
Page 5
Councilmember Hansen stated he believed the proposal was less than the highest and best use and that
a car wash did not fit his vision for the site. Councilmember Hansen stated he would be inclined to vote
no on the proposal.
Councilmember Fields stated that while she did not believe this was the highest and best use of the
property, housing would be added elsewhere in the area and the introduction of a service like the car
wash was not a bad thing. Voting no on the proposal and waiting for an alternative could take many
years before a desirable proposal came forward.
Mayor Maguire called for a vote.
Aye: 3 (Bakken, Fields, Supina), Nay: 2 (Hansen, Maguire). Motion carried.
Subject to the following conditions:
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder’s office. The following exhibits shall be made part of the Agreement:
• Site Plan
• Building Elevations
• Signage Plan
• Landscape and Tree Mitigation Plan
• Site Lighting Plan
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
3. The property shall be platted.
4. Cross-easements for the shared use and maintenance of free-standing signs, in a form acceptable to
the City Attorney, shall be provided at the time of Final Subdivision, if applicable.
5. Sign Permit shall be obtained prior to installation of any signs, and compliance with City Code will be
confirmed at that time.
6. Any ground and rooftop mechanical equipment shall be screened consistent with City Code
standards.
7. Both the vacuum equipment building, and trash enclosure shall incorporate brick or stone to match
the principal car wash building.
8. The corner end canopy supports shall be finished block and stone or brick to match the principal
structure.
9. A revised Site Lighting Plan that utilizes the same fixtures as the grocery store shall be provided for
the Final Planned Development.
10. At the time of Final Planned Development, the Landscape Plan shall be revised to incorporate sod as
required by City Code, add trees wherever possible, substitute a more compact and upright
evergreen shrub around the trash enclosure, and provide valuation calculations to support the
amount of landscaping proposed that meets the intent of the three percent benchmark in the City
Code.
City Council Meeting Minutes
September 20, 2022
Page 6
11. The applicant shall provide a performance guarantee in accordance with City Code standards to
ensure preservation of existing trees within 15 feet of the construction zone. The performance
guarantee shall be collected prior to issuance of any land disturbance permit.
12. The applicant shall ensure the survival of preserved trees by protecting the tree's critical root zones
through the installation of tree protective measures. Required tree protective measures (i.e.,
orange-colored silt fence or 4-foot polyethylene laminate safety netting) must be installed at the
drip line or at the perimeter of the critical root zone, whichever is greater.
13. 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.
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 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).
16. 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, etc.
17. 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 and 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,
sub-soil 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
basins bottom area, seeded or live-planted side-slopes, 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
City Council Meeting Minutes
September 20, 2022
Page 7
of any grading or utility work involving the proposed infiltration basins, including installation of all
inlets and outlets, including contact email and phone number for City Water Resources Staff.
18. 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.
19. 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 infiltration system sub-soils are suitable for
a saturated-state infiltration rate of no less than 0.4-inches per hour (based on 0.2-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 0.4-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, under-drain with iron-sand
mounding, 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.
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 BMP
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,
City Council Meeting Minutes
September 20, 2022
Page 8
stormwater management facilities (pre- treatment structures, infiltration basin, underground
stormwater system, etc.), including greenspace soil loosening and 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.
23. To improve traffic operations at the intersection with Cliff Lake Road, the applicant shall re-stripe
the exit from their parking lot to include a dedicated left and dedicated right turn lane.
24. The applicant shall provide a turning movement diagram to show how the largest Public Safety
vehicle will circulate the parking lot around the new building, in a manner acceptable to the City
Engineer.
25. The applicant shall provide a private sidewalk easement or agreement in a manner acceptable to the
City Attorney.
26. The applicant shall provide proof of ingress and egress easements and shared parking agreements in
a form acceptable to the City Attorney.
27. The applicant shall enter into an encroachment agreement for any private improvements (parking
lot, utilities, sidewalk, infiltration basin, vacuums, etc.) that are in a drainage and utility easement, in
a form acceptable to the City Attorney.
28. The landscaping plan shall be modified to relocate any trees that are within 10 feet of a public
utility.
29. The applicant shall provide a contractor parking and staging plan in a form acceptable to the City
Engineer, prior to the issuance of a building permit.
30. Park dedication applies to the new building on Lot 1 and shall be paid at the time of building permit
at the rate then in effect.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary
Subdivision (Park Center Eighth Addition) to create two lots upon approximately 8.4 acres located at
2055 Cliff Road, legally described as Lot 1, Block 1, Park Center Seventh Addition, subject to the
conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried.
1. The developer shall comply with these standards conditions of plat approval as adopted by Council
on July 1, 2014: A1, B1, B2, B3, C1, C2, C4, E1, F1, H1
2. The property shall be platted.
3. Cross-easements for the shared use and maintenance of free-standing signs, in a form acceptable to
the City Attorney, shall be provided at the time of Final Subdivision, if applicable.
4. Sign Permit shall be obtained prior to installation of any signs, and compliance with City Code will be
confirmed at that time.
5. Any ground and rooftop mechanical equipment shall be screened consistent with City Code
standards.
6. Both the vacuum equipment building, and trash enclosure shall incorporate brick or stone to match
the principal car wash building.
7. The corner end canopy supports shall be finished block and stone or brick to match the principal
structure.
8. A revised Site Lighting Plan that utilizes the same fixtures as the grocery store shall be provided for
the Final Planned Development.
9. At the time of Final Planned Development, the Landscape Plan shall be revised to incorporate sod as
required by City Code, add trees wherever possible, substitute a more compact and upright
City Council Meeting Minutes
September 20, 2022
Page 9
evergreen shrub around the trash enclosure, and provide valuation calculations to support the
amount of landscaping proposed meets the intent of the three percent benchmark in the City Code.
10. The applicant shall provide a performance guarantee in accordance with City Code standards to
ensure preservation of existing trees within 15 feet of the construction zone. The performance
guarantee shall be collected prior to issuance of any land disturbance permit.
11. The applicant shall ensure the survival of preserved trees by protecting the tree's critical root zones
through the installation of tree protective measures. Required tree protective measures (i.e.,
orange-colored silt fence or 4-foot polyethylene laminate safety netting) must be installed at the
drip line or at the perimeter of the critical root zone, whichever is greater.
12. 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.
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 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).
15. The applicant shall provide adequately sized pre-treatment structure (e.g. 4-foot minimum depth
sump, 5-foot minimum diameter, with floatable skimmer hood, 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, etc.
16. 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,
sub-soil 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
basins bottom area, seeded or live-planted side-slopes, and permanent erosion-control details for
basin bottom and side-slopes, etc. These graphical details and notes shall be prominently included in
City Council Meeting Minutes
September 20, 2022
Page 10
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 basins, including installation of all
inlets and outlets, including contact email and phone number for City Water Resources Staff.
17. 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.
18. 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 infiltration system sub-soils are suitable for
a saturated-state infiltration rate of no less than 0.4-inches per hour (based on 0.2-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 0.4-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, under-drain with iron-sand
mounding, 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.
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 BMP
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
City Council Meeting Minutes
September 20, 2022
Page 11
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 (pre- treatment structures, infiltration basin, underground
stormwater system, etc.), including greenspace soil loosening and 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.
22.To improve traffic operations at the intersection with Cliff Lake Road, the applicant shall re-stripe
the exit from their parking lot to include a dedicated left and dedicated right turn lane.
23.The applicant shall provide a turning movement diagram to show how the largest Public Safety
vehicle will circulate the parking lot around the new building, in a manner acceptable to the City
Engineer.
24.The applicant shall provide a private sidewalk easement or agreement in a manner acceptable to the
City Attorney.
25.The applicant shall provide proof of ingress & egress easements and shared parking agreements in a
form acceptable to the City Attorney.
26.The applicant shall enter into an encroachment agreement for any private improvements (parking
lot, utilities, sidewalk, infiltration basin, vacuums, etc.) that are in a drainage and utility easement, in
a form acceptable to the City Attorney.
27.The landscaping plan shall be modified to relocate any trees that are within 10 feet of a public
utility.
28.The applicant shall provide a contractor parking and staging plan in a form acceptable to the City
Engineer, prior to the issuance of a building permit.
29.Park dedication applies to the new building on Lot 1 and shall be paid at the time of building permit
at the rate then in effect.
PRELIMINARY SUBDIVISION – Timeless Homes, Inc. / Donald Willenbring –
2107 Silver Bell Road
City Administrator Miller introduced the item and invited City Planner Schultz to present additional
information. Schultz provided a location map and staff report for the proposed Preliminary Subdivision.
The applicant was present for questions.
Mayor Maguire called for public input on the item; hearing none, the Mayor returned the conversation
to Council for additional discussion and motion.
Councilmember Supina moved, Councilmember Bakken seconded to approve a Preliminary Subdivision
to create two lots upon approximately 0.95 acres located at 2107 Silver Bell Road, subject to the
conditions listed in the APC minutes. Aye: 5, Nay: 0; Motion carried.
Subject to the following conditions:
1.The developer shall comply with these standards conditions of plat approval as adopted by Council
on July 1, 2014: A1, B1, C1, C2, E1, F1, G1 and L1.
2.The property shall be platted.
City Council Meeting Minutes
September 20, 2022
Page 12
3.This development shall be responsible for a cash park and trails dedication based on the rates in
effect at the time of building permit for both parcels.
4.An individual lot tree preservation plan shall be submitted at the time of building permit application
for both parcels.
5.The development shall receive Final Subdivision approval prior to Building Permit issuance.
6.A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance
with current City standards and codes, and Lower Minnesota Watershed District Erosion and
Sediment Control rules, prior to final subdivision approval.
7.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.
8.All personnel responsible for the construction and management of erosion/ sediment control
devices, and the establishment of vegetation for the development, shall have received
Erosion/Sediment Control site management certification through the University of Minnesota, or
approved equal training as determined by the City Engineer.
9.Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards, and Lower Minnesota Watershed District Erosion and Sediment Control
rules.
10.The developer or builder shall restore the street, curb and gutter, and boulevard in a manner
acceptable to the City Engineer, and provide traffic control in accordance with the Minnesota
Manual of Traffic Control Devices.
11.The single family homes shall meet structural performance standards to achieve a 19 dBA reduction
in interior noise levels, and also the land use compatibility guidelines set forth by the Metropolitan
Council’s Land Use Compatibility Guidelines for Aircraft Noise.
12.The refuse and other items being stored outside, in violation of the City’s zoning codes, shall be
corrected and brought into compliance with the City’s zoning ordinances prior to Final Subdivision
approval.
VII.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
VIII.ECONOMIC DEVELOPMENT AUTHORITY
There were no EDA items.
IX.ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
X.VISITORS TO BE HEARD
City Council Meeting Minutes
September 20, 2022
Page 13
There were no visitors to be heard.
XI.ADJOURNMENT
Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 8:00 p.m.
______________________
Date
______________________
Mayor
______________________
City Clerk
October 4, 2022