08/15/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
August 15, 2023
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting
Mayor Hansen, Councilmembers Bakken and Supina. Mayor Maguire and Councilmember Fields were
absent.
A regular Eagan City Council meeting was held on Tuesday, August 15, at 6:30 p.m. Present were Acting
Mayor Hansen, Councilmembers Bakken and Supina. Mayor Maguire and Councilmember Fields were
absent. Also present: City Administrator Miller, City Attorney Bauer, Assistant City Administrator Alig,
Community Development Director Hutmacher, and City Planner Schultz.
II. ADOPT AGENDA
Councilmember Bakken moved, Councilmember Supina seconded a motion to adopt the agenda as
presented. Aye: 3, Nay: 0. Motion carried.
III. RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
IV. CONSENT AGENDA
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve the Consent
agenda. Aye: 3, Nay: 0. Motion carried.
A. It was recommended to approve the minutes of the August 2 Regular City Council Meeting.
B. Personnel Items:
1. It was recommended to approve the revisions of the Employee Handbook.
2. It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
• Mary Suplee Recreation Program Specialist
• Brooke Siwek Pool Attendant
• Hailey Siewek Pool Attendant
• Kate Teigland Pool Attendant
• Hugh Burda Lifeguard
• Luke Holter Lifeguard
• Garrett Hammerbeck Sound Technician
C. It was recommended to ratify the check registers dated July 28 & August 4.
D. It was recommended to approve the following ordinary and customary contracts:
1. Sponsorship Agreement with Herself Health for Senior Expo on October 5,
2023 and Holiday Lunch on December 18, 2023.
2. Water Quality Cost Share and Maintenance Agreement with Randall Thorson
and Talisyn Flagg for water quality improvements at 1360 Crestridge Lane at
Fish Lake.
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August 15, 2023
Page 2
3. Sponsorship Agreement with Lakeside Orthodontics by Dr. Jennifer Eisenhuth
for Food Truck Festival on August 11, 2023.
4. Agreement with Verizon for Public Sector 5G Smartphone Offer to obtain
device discount for City-owned devices.
E. It was recommended to approve resolution to accept the following donations:
• $2000 from Karen Hemila for a memorial park bench to be located at
Thomas Lake Park.
F. It was recommended to approve Change Order No. 1 for Project 1556 (Goat Hill Pavilion),
City Contracts 23014 & 23-16 (Earthwork & Concrete) and authorize Mayor and City Clerk to
execute all related documents.
G. It was recommended to approve final payment for City Contract 22-03, Rahn Park Phase II
Improvements, in the amount of $49,494.19 to Ebert Construction and accept the
improvements for perpetual City maintenance subject to warranty provision.
H. It was recommended to approve final payment for Contract 22-07, Community Center
Boiler/Chiller Replacement, in the amount of $36,337.68 to Pioneer Power and accept the
improvements for perpetual City maintenance subject to warranty provisions.
I. It was recommended to receive the quotes for Contract 23-12 (Pond EP-2 (North Lake) -
Outlet Control Structure Modifications) and award a contract to Blackstone Contractors,
LLC. for the base bid in the amount of $93,974.97 and authorize the Mayor and City Clerk to
execute all related documents.
J. Item was pulled from agenda.
K. It was recommended to approve the final payment for Contract 23-09 (2023 Sanitary Sewer
Lining) in the amount of $146,284.89 to Visu-Sewer, Inc., and accept the improvements for
perpetual City maintenance subject to warranty provisions.
L. It was recommended to approve the 2nd Quarter 2023 Financial Report as presented.
M. It was recommended to approve a temporary on-sale liquor license and waive the license
fee for the Church of St. Thomas Becket on September 16, 2023 at 4455 South Robert Trail.
N. It was recommended to approve On-Sale 3.2 and Wine License for IHG Development, LLC
doing business as Italian Pie Shoppe & Winery located at 1438 Yankee Doodle Road.
O. It was recommended to approve the sustainability fund policy and the 2023 Sustainability
Fund Budget.
V. PUBLIC HEARINGS
VARIANCE – Lodestone Circle – Dave Kurschner/Xpand Inc – 3837 Lodestone Circle
Acting Mayor Hansen noted the address correction, that the property in question was 3837, not 3937 as
was shown in the agenda materials. City Administrator Miller introduced the item and invited City
Planner Schultz to provide additional information. The applicant is requesting a variance on the
secondary side of the property to allow for the parking of longer vehicles within the garage. The
variance would allow for an encroachment into the front yard setback. City Planner Schultz provided a
staff report and a site plan.
The property owners, John & Valerie Ferrian, were present for questions.
Acting Mayor Hansen called for comments from the public on the item. Hearing none, he returned the
conversation to Council for additional discussion and motion.
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Page 3
Councilmember Bakken noted the property was on a corner lot and that the variance would apply to the
non-front portion of the home.
Councilmember Supina moved, Councilmember Bakken seconded a motion to approve of a 2.4-foot
Variance into the 30-foot structure setback from public right-of-way to allow a 4-foot garage extension
upon property located at 3837 Lodestone Circle, legally described as Lot 16, Block 3, Cedar Grove No.
11., subject to the conditions listed in the staff report. Aye: 3, Nay: 0. Motion carried.
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. The proposed addition shall not be located less than 27.6-feet from the east property line nor
less than 35.6-feet from the south property line.
3. A Building Permit shall be obtained prior to commencing construction.
4. In accordance with City Code standards, the driveway shall not be more than 22-feet wide at the
property line.
5. The garage addition shall not exceed one story and will be finished with exterior materials to
match the principal structure.
6. No home occupation activity shall be allowed within the garage.
VI. OLD BUSINESS
There were no items for Old Business.
VII. NEW BUSINESS
CONDITIONAL USE PERMIT and FINAL PLAT – Sibley Terminal Industrial Fourth Addition –
Lucas Wiborg, Terminal Ventures, LLC
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information.
City Planer Schultz stated the applicant is proposing a truck terminal on the site. The site would be
developed with a 12,000 square foot building. The majority of the site is proposed for outdoor truck and
tractor trailer storage as well as shipping containers. Schultz noted staff met with the applicant to
resolve issues raised during the APC meeting and noted the revised site plan that was presented at the
meeting illustrating those changes. Schultz also noted staff is providing credit for previously installed
landscaping that will remain on the site.
Jennifer Haskamp, representing the applicant, agreed with staff’s presentation and was present to
address the Council and answer any questions along with Lucas Wiborg, the property owner.
Acting Mayor Hansen called for comments from the public on the item. Hearing none, he returned the
conversation to Council for additional discussion and motion.
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Councilmember Bakken asked the City Attorney to clarify if the APC conditions need to be modified with
the revised site plan.
City Attorney Bauer noted the conditions are still acceptable and clarified APC election of 16.B regarding
use of recycled bituminous.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Conditional
Use Permit for a truck terminal upon 7.25 acres for property legally defined as Lot 6 and Lot 7, Block 2,
Sibley Terminal Industrial Park, subject to the conditions listed in the APC minutes. Aye: 3, Nay: 0.
Motion carried.
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council.
2. The two separate parcels shall be combined via a Final Plat prior to submittal of a Building
Permit application.
3. A building permit shall be obtained for the proposed structure prior to the site use for outdoor
storage.
4. The exterior building elevations shall meet minimum code requirements and the plan shall
provide the material information that includes the garage doors.
5. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to
installation of any signs.
6. 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.
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. 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.
8. 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).
9. 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 two soil borings must be provided
within the footprint of the proposed stormwater infiltration basin (to a minimum elevation of
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August 15, 2023
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749.0, based on proposed over-excavation to 759.0). 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.
10. 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 stormwater basin inlet to provide for effective capture and
easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-treatment
structures shall also include oil-absorbent accessories that are replaceable with fresh
absorbents. 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.
11. 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, outlet 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 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 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.
12. 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 infiltration system 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,
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
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August 15, 2023
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provided notice prior to any excavation and/or soil backfilling within the infiltration practices, to
arrange for inspections
13. 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.
14. 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.
15. 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 (pretreatment structures, infiltration
basin, etc.), including greenspace soil loosening & amendment prior to landscaping, conform to
design and/or construction plans, as approved by the City. The applicant shall submit to the City
Engineer certification that the stormwater management facilities have been installed in accord
with the plans and specifications approved. This certification shall be provided by a Professional
Engineer licensed in the State of Minnesota.
16 If recycled bituminous aggregate is used for the outdoor storage areas, the site will be subject to
periodic review by city staff for adequacy of the material to control dust, rutting, tracking, and
drainage. The first review will occur two years following approval of this permit. If the material is
determined to be inadequate, the City will require that it be replaced with a bituminous asphalt
hard surface.
17. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise.
18. All parking and storage areas shall be properly maintained to prevent deterioration.
19. The applicant shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
20. The applicant shall obtain a building or grading permit from the City prior to the construction of
the proposed storage areas. Detailed plans for this grading work shall be prepared and signed by
a registered professional engineer.
21. The applicant shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards. The development is also subject to the City’s
codified land disturbance and erosion control regulations.
22. The existing sewer and water services shall be abandoned in a manner acceptable to the City
Engineer.
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Page 7
23. Any excavation in the right-of-way will require a right-of-way permit, and the street, curb and
gutter, and boulevard shall be restored in a manner acceptable to the City Engineer.
24. The applicant shall protect the preserved trees critical root zones through the placement of
required Tree Protective measures (i.e. orange colored silt fence or four foot polyethylene
laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root
Zone, whichever is greater, of significant trees/woodlands to be preserved on-site.
25. 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.
26. Issuance of this Conditional Use Permit does not imply an exemption from future tree
preservation ordinance requirements.
27. Future development is subject to conditions of the City of Eagan Tree Preservation Ordinance
(City Code Chapter 11, Section 11.70, Subd. 13) and shall be satisfied prior to plan approval.
28. All gates shall have lock boxes installed with keys to allow emergency vehicle access.
29. Trash receptacles for the business shall be kept either inside the building or within an enclosure
constructed according to City Code standards. A Building Permit is required with a revised Site
Plan shall show the trash enclosure if one is to be constructed.
30. Trash and recycling receptacles for the truck drivers shall be provided within the truck parking
areas to reduce trash from blowing around the site.
31. The Site Plan shall be revised to include the amount of semi tractors and trailers delineated on
the plan as well as setbacks and standard Site Plan information.
32. The revised Landscape Plan shall include overstory trees, foundation plantings and meet the
minimum required plant material per City Code.
33. The Photometric Plan shall be revised with a minimum 0.5 footcandles achieved throughout the
employee parking area and storage lot.
34. Mechanical equipment and screening shall meet City Code requirements.
35. No outdoor storage of vehicles under repair or outdoor storage of parts shall be allowed. All
trailers, trucks, and tractors shall be licensed and roadworthy.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Final Plat
(Sibley Terminal Industrial Park Fourth Addition) to combine two lots into one lot consisting of
approximately 7.25 acres for property legally defined as Lot 6 and Lot 7, Block 2, Sibley Terminal
Industrial Park. Aye: 3, Nay: 0. Motion carried.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
IX. ECONOMIC DEVELOPMENT AUTHORITY
There were no items for the EDA.
X. ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
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XI.VISITORS TO BE HEARD
There were no visitors to be heard.
XII.ADJOURNMENT
Councilmember Bakken moved, Councilmember Supina seconded a motion to adjourn. Aye: 3, Nay: 0.
Motion carried. The meeting was adjourned at 6:54 p.m.
______________________
Date
______________________
Mayor
______________________
City Clerk
September 5, 2023