10/18/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
October 18, 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, October 18, 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, 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
There were no recognitions or presentations.
III.CONSENT AGENDA
Councilmember Bakken moved, Councilmember Fields 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 October 4, 2022 City Council meeting.
B.Personnel Items:
1.It was recommended to approve the hiring of Alex Salinas, Utility Maintenance Worker –
Production.
2.It was recommended to approve the promotion of Chris Fleck, ECC Facility and Project
Manager to Parks Superintendent and authorize replacement with Facility Operations
Supervisor.
3.It was recommended to approve a Memorandum of Agreement regarding recruitment
incentive between the City of Eagan and the LELS Local #170 – Police Officers.
4.It was recommended to accept the resignation of John Klinkhammer, Parks
Maintenance Worker and authorize replacement.
5.It was recommended to approve a resolution authorizing Attorney Kelly Lambert to sign
settlement agreements on behalf of the City Council.
6.It was recommended to approve the promotion of Hailee Boston from Senior Video
Production and Digital Content to ETV Manager and authorize replacement.
7.It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
•Amanda Frye-Bengston Guest Relations Crew
•Aadra Peterson Guest Services Representative
•Sera Serim Skate Instructor
C.It was recommended to ratify the check registers dated October 7, 2022.
City Council Meeting Minutes
October 18, 2022
Page 2
D.It was recommended to approve the following ordinary and customary contracts:
1.Agreement with Hildi, Inc. to perform Governmental Accounting Standards Board
(GASB) 75 actuarial services to be used in the preparation of the City’s 2023 and 2024
financial statement reports.
2.Sponsorship agreement with Stonehaven of Eagan Senior Living for the Members Only
Holiday Luncheon on December 12, 2022.
3.Contract with NeoGov
4.Independent contractor agreement with Amma Earth Yoga & Wellness, LLC
5.Winter Market Bucks MOU
E.It was recommended to approve a resolution accepting the following donations:
•$662.17 from Eagan Lunds and Byerly’s for the purchase of EMS training supplies
•Donation from Delta Airlines for planting and supplemental watering of 40 trees at
Walden Heights Park (approximate value: $17,000)
F.It was recommended to cancel the October 25, 2022 Advisory Planning Commission
meeting.
G.It was recommended to receive the bids for EAB tree removal and award the contract to
Aspenwall Tree Service, Inc. in the amount of $69,750.00 and authorize the Mayor and City
Clerk to execute all related documents.
H.It was recommended to approve a manager change of the Off-Sale Liquor License issued to
Olive Garden Holdings, LLC doing business as The Olive Garden Italian Restaurant located at
3290 Central Park Village Drive.
I.It was recommended to approve the plans and specifications for Contract 22-11 (Schwanz
Lake Lift Station Rehabilitation) and authorize the advertisement for a bid opening to be
held at 11:00 a.m. on Thursday, November 10, 2022, via an electronic bid site.
J.It was recommended to approve the final payment for Contract 21-24 (Ponds BLP-6, BLP-57
Improvements) in the amount of $130,548.90 to Kevitt Excavating, LLC and accept the
improvements for perpetual City maintenance subject to warranty provisions.
K.It was recommended to adopt the 5-year Capital Improvement Plan for Parks (2023 – 2027)
as presented to City Council on Tuesday, September 13, 2022, and authorize the initiation of
the public improvement process for the 2023 programmed improvements.
IV.PUBLIC HEARINGS
VACATION – Public Drainage and Utility Easements – 3145 & 3125 Dodd Road
City Administrator Miller introduced the item and invited Public Works Director Matthys to provide
additional information. Director Matthys noted Kwik Trip had requested vacation of the easements to
allow for re-platting of the property as part of the proposed remodeling and expansion of the existing
Kwik Trip.
Mayor Maguire opened the public hearing and called for members of the public to comment on the
item. Hearing none, the Mayor returned the conversation to Council for additional discussion and
motion.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and continue the vacation of public drainage and utility easements on Lot 1, Block 1 Kwik Trip Eagan
Addition and Lot 1, Block 1, Starks Addition (3145 & 3125 Dodd Road). Aye: 5, Nay: 0. Motion carried.
City Council Meeting Minutes
October 18, 2022
Page 3
V.OLD BUSINESS
There were no items for Old Business.
VI.NEW BUSINESS
REZONING, PRELIMINARY PLANNED DEVELOPMENT, AND PRELIMINARY SUBDIVISION – Eagan
MOB/Mark Davis – 297 Highway 55
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz presented a staff report and site plan of the proposal for a Medical
Office Building.
The applicant, Mark Davis, was present and addressed the Council.
Councilmember Supina asked about the status of the sewer easement across the church property.
Mr. Davis responded to a question regarding access to sewer, stating that the neighboring property has
agreed to allow for sewer service to be brought across the site.
Councilmember Supina inquired about the church’s request for access through the property to the
future road.
City Planner Schultz responded that staff was aware the church requested access from the applicant but
were unable to accommodate. Schultz stated the church was attempting to contact the property owner
to the north of the subject property for a potential access easement to future Holiday Court. Schultz
noted the church currently has access onto [Trunk] Highway 55 and the additional access would serve to
benefit constituents to travel west on Lone Oak or turn south on Highway 55.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Rezoning from
A, Agriculture to PD, Planned Development upon approximately 4.41 acres located at the northeast
corner of Trunk Highway 55 and Lone Oak Road (proposed Lot 1, Block 1, Eagan MOB subdivision). Aye:
5, Nay: 0. Motion carried.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Preliminary
Planned Development to allow a 35,000 square foot medical office building, upon approximately 4.41
acres located at the northeast corner of Trunk Highway 55 and Lone Oak Road, subject to the conditions
listed in the APC minutes. Aye: 5, Nay: 0. Motion carried.
Subject to the following conditions:
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
City Council Meeting Minutes
October 18, 2022
Page 4
•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 single-story, 35,000 square foot medical
office building.
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. Each tenant is allowed:
•Two building signs on up to two total building elevations, to be designated by the
applicant.
•One building identification sign is also allowed, which may be allowed on a third wall
elevation.
•No building signage allowed along the north building elevation.
8.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.
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, 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).
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
City Council Meeting Minutes
October 18, 2022
Page 5
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 proposed underground stormwater infiltration pipe
gallery system (to a minimum elevation of 839.2, based on proposed over-excavation to
894.2). 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 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. Pretreatment 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/perforated pipes shall be provided until drainage area stabilization, b) solid pipe
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 pipes,
d)unobstructed physical access via manhole will be provided to either end of the isolator
row(s) for inspection and maintenance, e) 10-inch minimum diameter inspection ports will
be provided on all infiltration pipe 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 underground infiltration pipe gallery systems,
including over excavation, installation of pre-treatment structures, inlets, outlets, sump
skimmer hoods, etc. Shop drawings related to the underground stormwater infiltration pipe
gallery systems 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
Professional 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 0.6- inches per hour (based
on 0.3-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 0.6- 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
City Council Meeting Minutes
October 18, 2022
Page 6
(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.
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 (pre-
treatment sumps, underground stormwater infiltration system, 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.
18.The applicant is responsible to certify site conditions regarding the existence or absence of
wetlands. If the applicant contends there are no wetlands on the site, the City requires
documentation from an appropriate field evaluation by a Certified Wetland Professional of
site conditions. Such documentation may include but is not limited to field notes, data
sheets, photos, certification memo or letter, etc.
19.This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
20.The applicant shall revise the utility plan to combine the water services, in a manner
acceptable to the City Engineer.
21.All existing wells and septic systems will be sealed and/or removed in a manner acceptable
to the City Engineer, and in accordance with Dakota County and DNR requirements.
22.The applicant shall provide a trail or sidewalk connection to the adjacent pedestrian system,
in a manner acceptable to the City Engineer.
23.The applicant shall obtain public drainage and utility easement for the off-site sanitary
sewer according to current engineering standards, in a form acceptable to the City Attorney.
24.The applicant shall enter into an encroachment agreement for any private improvements
(retaining walls, parking lot, utilities, sidewalk, etc.) that are in a drainage and utility
easement, in a form acceptable to the City Attorney.
25.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.
26.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
City Council Meeting Minutes
October 18, 2022
Page 7
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.
27.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.
28.Per ordinance, the applicant shall ensure the survival of preserved trees via Performance
Guarantee in the amount of $25.00 per diameter inch of all trees within 15 feet of the
construction zone.
29.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.
30.The applicant shall submit a new Landscape Plan that shows the fulfillment of landscape
requirements and then submit a separate Tree Mitigation Plan that shows the fulfillment of
the mitigation requirement, for staff review and approval, either in the form of trees
installed, cash, or a combination of each. If there is not sufficient tree planting space on site
a cash option will be applied to fulfill tree mitigation requirements. In 2022, That cash
amount is $200.00 per caliper inch.
31.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.
32.The applicant shall provide a minimum of 180 parking stalls with 55 stalls as proof parking.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Preliminary
Subdivision (Eagan MOB) to create one lot, two outlots, and platted right-of-way, upon approximately
12.08 acres located at the northeast corner of Trunk Highway 55 and Lone Oak Road. Aye: 5, Nay: 0.
Motion carried.
Subject to the following conditions:
1.The developer shall comply with these standard conditions of plat approval as adopted by
Council on July 1, 2014: A1, B1, B2, B3, B4, C1, C2, C3, C4, E1, F1, G1, H1, and I1.
2.The property shall be platted.
3.The Preliminary Subdivision Plat shall correct Holiday “Lane” to “Court” or “Circle”.
4.The following plans shall be revised and submitted prior to Final Subdivision approval:
•Site Plan
•Landscape Plan
•Signage Plan
City Council Meeting Minutes
October 18, 2022
Page 8
5. Required revisions shall include distances from buildings and structures, pedestrian access from
Trunk Highway 55, and other minor modifications as called out within the staff report.
6. 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.
7. The trash enclosure shall be designed consistent with City Code standards in compliance with
City Code Section 11.70 Subd. 21.D.7.
8. 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. Each tenant is allowed:
• Two building signs on up to two total building elevations, to be designated by the applicant.
• One building identification sign is also allowed, which may be allowed on a third wall
elevation.
• No building signage allowed along the north building elevation.
9. 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.
10. 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.
11. 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, 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).
12. 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 4 soil borings must be provided
within the footprint of each proposed underground stormwater infiltration pipe gallery system
(to a minimum elevation of 839.2, based on proposed over-excavation to 894.2). 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.
13. 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
City Council Meeting Minutes
October 18, 2022
Page 9
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.
14.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/perforated
pipes shall be provided until drainage area stabilization, b) solid pipe 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 pipes, d) unobstructed physical access via
manhole will be provided to either end of the isolator row(s) for inspection and maintenance, e)
10-inch minimum diameter inspection ports will be provided on all infiltration pipe 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 underground
infiltration pipe gallery systems, including over-excavation, installation of pre-treatment
structures, inlets, outlets, sump skimmer hoods, etc. Shop drawings related to the underground
stormwater infiltration pipe gallery systems must be provided to the City for review before
installation.
15.During infiltration system over-excavation/sub-soil work, the applicant shall ensure that a
Professional 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 0.6-inches per hour (based on 0.3-
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 0.6-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.
16.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.
17.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.
City Council Meeting Minutes
October 18, 2022
Page 10
18.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 (pre-treatment sumps, underground
stormwater infiltration system, 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.
19.The applicant is responsible to certify site conditions regarding the existence or absence of
wetlands. If the applicant contends there are no wetlands on the site, the City requires
documentation from an appropriate field evaluation by a Certified Wetland Professional of site
conditions. Such documentation may include but is not limited to field notes, data sheets,
photos, certification memo or letter, etc.
20.This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
21.The applicant shall revise the utility plan to combine the water services, in a manner acceptable
to the City Engineer.
22.All existing wells and septic systems will be sealed and/or removed in a manner acceptable to
the City Engineer, and in accordance with Dakota County and DNR requirements.
23.The applicant shall provide a trail or sidewalk connection to the adjacent pedestrian system, in a
manner acceptable to the City Engineer.
24.The applicant shall obtain public drainage and utility easement for the off-site sanitary sewer
according to current engineering standards, in a form acceptable to the City Attorney.
25.The applicant shall enter into an encroachment agreement for any private improvements
(retaining walls, parking lot, utilities, sidewalk, etc.) that are in a drainage and utility easement,
in a form acceptable to the City Attorney.
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.
City Council Meeting Minutes
October 18, 2022
Page 11
29.Per ordinance, the applicant shall ensure the survival of preserved trees via Performance
Guarantee in the amount of $25.00 per diameter inch of all 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.
31.The applicant shall submit a new Landscape Plan that shows the fulfillment of landscape
requirements and then submit a separate Tree Mitigation Plan that shows the fulfillment of the
mitigation requirement, for staff review and approval, either in the form of trees installed, cash,
or a combination of each. If there is not sufficient tree planting space on site a cash option will
be applied to fulfill tree mitigation requirements. In 2022, That cash amount is $200.00 per
caliper inch.
32.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.
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
There were no visitors to be heard.
XI.ADJOURNMENT
Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 7:00 p.m.
______________________
Date
______________________
Mayor
______________________
City Clerk
November 1, 2022