09/05/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
September 5, 2023
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 5, at 6:30 p.m. Present were
Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Supina. Also present: City Administrator
Miller, City Attorney Bauer, Community Development Director Hutmacher, and City Planner Schultz.
II. ADOPT AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as
presented. Aye: 5, Nay: 0. Motion carried.
III. RECOGNITIONS AND PRESENTATIONS
ADMINISTER Oath of Office to Newly Appointed Eagan Firefighters Eric Purves,
Emily Anderson, and Jaadon Ries
City Clerk VanHoose Administered the Oath of Office to the new firefighters. Chief Searle was present to
introduce the firefighters and the individuals they had selected to pin their badges.
ADMINISTER Oath of Office to Newly Appointed Eagan Police Offers Payton Walser,
Liam O’Shea and Brooke Hendrickson
Chief New addressed the Council and introduced the new police officers to be sworn-in and
administered their oaths of office.
IV. CONSENT AGENDA
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve the Consent
agenda. Aye: 5, Nay: 0. Motion carried.
A. It was recommended to approve the minutes of the August 8 Special City Council Meeting
and the August 15 Regular City Council Meeting.
B. Personnel Items:
1. It was recommended to approve the hiring of Jacob Vaupel, Assistant Street
Maintenance Supervisor.
2. It was recommended to approve the promotion of Rebecca Foote from Engineering
Technician – Utilities Division to Utilities Administration Supervisor, and authorize
replacement.
3. It was recommended to approve the promotion of Kevin miller from PT ETV Production
Crewmember to ETV Production and Digital Assistant.
4. It was recommended to accept the resignation of Matthew Davidson, Street
Maintenance Worker and authorize replacement.
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5. It was recommended to accept the resignation of Ben Hodges, Forestry Maintenance
Worker and authorize replacement.
6. It was recommended to accept the resignation of Tanner Palm, Firefighter and authorize
replacement.
7. It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
• Annabelle Dahlheimer Building Attendant - Concessions
• Jacob Pankratz Forestry Landscape Crew
• Maxwell Flaten Park Laborer - Seasonal
• Elsa Varpness Pool Attendant
• Rachael Glover Preschool Teacher's Asst
• Kristy Nelson Skating Instructor
• Steve Bolluyt Street Maintenance Worker - Seasonal
• Tom Schoenecker Street Maintenance Worker - Seasonal
C. It was recommended to ratify the check registers dated August 11, 18, and 25.
D. It was recommended to approve the following ordinary and customary contracts:
1. Accept a grant from the Minnesota State Arts Board in the amount of $52,
700
2. Performance agreement with Heart of a Tinman at the Farm to Table Dinner
3. Agreement with Law Enforcement Technologies Corporation for the use of
their crisis negotiations software
4. Annual contract with Clear Channel billboard
5. Vendor Service Agreement with Minnesota Ballet Collective
6. Vendor Service Agreement with Alys Ayumi Ogura
7. Vendor Service Agreement with Raija Langhoff
8. Release Agreement with ESIS on behalf of Ace American Insurance Company
related to a property damage claim
E. It was recommended to adopt a resolution to accept the following donations:
• $1,000 from Kwik Trip to fund fire response equipment related to
Lithium Ion batter fires.
F. It was recommended to adopt a resolution to accept a grant from Minnesota State Arts
Board in the amount of $52,750 and amend the 2023 General Fund Budget for $29,500 for
Eagan Parks and Recreation through June 30, 2024
G. It was recommended to adopt a resolution allowing the City of Eagan to authorize a special
deer season in 2023.
H. It was recommended to authorize the name change of the Energy and Environment
Advisory Commission (EEAC) to Sustainable Eagan Advisory Commission (SEAC), effective
09/05/2023, and approve the SEAC Workplan.
I. It was recommended to authorize signing of a letter to the MN Emergency Services
Regulatory Board (EMSRB) that designates the Eagan Fire Department as the primary
medical responder to medical emergencies in the City of Eagan.
J. It was recommended to approve the final payment for Contract 23-01 (2023 Street
Revitalization) in the amount of $338,141.89 to McNamara Contracting, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
K. It was recommended to approve Final Payment for Contract 22-25 (2022 City-Owned
Streetlight Improvements) in the amount of $131,285.00 to Taylor Electric Company, LLC,
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September 5, 2023
Page 3
and accept the improvements for perpetual City maintenance subject to warranty
provisions.
L. It was recommended to approve a temporary on-sale liquor license and waive the license
fee for Church of St. Thomas Becket on September 16, 2023 at 4455 S. Robert Trail.
M. It was recommended to approve a temporary on-sale beer license for Hayes’ Public House
for an event they will be sponsoring on September 9, 2023 at 1507 Central Parkway rugby
fields.
N. It was recommended to approve a resolution to temporarily extend the licensed premise of
the On-Sale Liquor License issued to Cupcake, Inc dba Mason Jar Kitchen and Bar for event
on September 15, 22, and 29, 2023.
O. It was recommended to approve a grant agreement with Minnesota Department of Public
Safety, Office of Traffic Safety for continued staffing of a dedicated DWI/Traffic Safety
Officer.
P. It was recommended to receive bids for Contract 23-21 (Almquist Lake Alum Treatment),
award a contract to SOLitude Lake Management, for the bid amount of $55,434.00, and
authorize the Mayor and City Clerk to execute all related documents.
V. PUBLIC HEARINGS
CERTIFY Delinquent Utility Bills
City Administrator Miller introduced the item and noted the City Code allows for the certification of
unpaid utility bills. Finance Director Feldman was present for questions. Mayor Maguire inquired about
the property owner of 1950 Rahncliff Drive. Director Feldman stated the property was the Norwood Inn.
Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the
conversation to Council for additional discussion and motion.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota
County for collection with property taxes. Aye: 5, Nay: 0. Motion carried.
VI. OLD BUSINESS
There were no items for Old Business.
VII. NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT – Birch Wood Townhomes/Robert Storm –
Hunt Drive and Birchpond Road
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information.
City Planner Schultz provided a location map and a staff report regarding the proposal. Schultz
highlighted the requested deviations including building and parking lot setbacks, building coverage and
reduced recreation space.
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Staff noted the dedication of Skyhill Park to meet the park and trail dedication requirement.
The applicant, Robert Storm, was present and addressed the Council. Mr. Storm noted the retaining wall
created a constraint that required the pursuit of deviations.
Mayor Maguire asked City Planner Schultz to clarify the location of the retaining wall. Schultz showed
the location of the retaining walls on the location map.
Public Works Director Matthys responded to a question from the Mayor that the stormwater pond on
the property is maintained by the City.
Councilmember Hansen asked the applicant whether the proposed plan had any benefits over the prior
plan that was approved 2004. The applicant responded the current plan allows for three additional units
and the design is more aligned with market demands.
Mayor Maguire inquired about the excess (County) right-of-way along Pilot Knob Road and the building
setbacks. City Planner Schultz clarified the buildings meet required setbacks. Schultz noted a condition
was added that the decks could not be converted to three- or four-season porches.
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 (PDA) to construct 24 townhome units within three buildings on 2.25 acres
for property located at 1650 and 1654 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn
3rd Addition, subject to the conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried.
1. An Amendment to the Planned Development Agreement shall be executed and recorded with
the Dakota County Recorder’s office. The following exhibits are necessary for the agreement:
a. Final Site Plan
b. Final Building Elevations
c. Final Tree Mitigation Plan
d. Final Landscape Plan
e. Final Planting Plan
f. Final Site Lighting Plan
g. Final Photometric Plan
Platting
2. The property shall be replatted into a single lot.
Mechanical Screening
3. All mechanical equipment shall be screened in accordance with the provisions of the City’s
zoning code. Any ground mounted equipment shall be shown on the Site Plan and screened.
Roof mounted vents and other appendages shall match the roof color.
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Signage
4. The monument sign shall be subject to City Sign Code standards with a maximum 7 feet in total
height and constructed of stone materials similar to the buildings.
5. A Sign Permit is required prior to sign installation.
Address Numbers
6. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
Architecture
7. The Building Elevations shall be revised to provide variation in material type on all elevations
and both material and color enhancements on the end elevations.
8. The garage doors shall be painted to match the building exterior.
Site Plan
9. The monument sign shall be relocated out of drainage and utility easements.
10. The entire dog park shall be fenced. The height of the fence shall be depicted on the Site Plan,
not to exceed six feet.
11. The decks fronting Yankee Doodle Drive shall not convert to three- or four-season porches
unless they meet the setback requirements (56 feet) from the Yankee Doodle Road right-of-way.
Site Lighting
12. The applicant shall submit a Photometric Plan not to exceed 4/1 average-to-minimum ratio and
not to exceed 1 foot candle at the property line.
Landscaping and Tree Preservation
13. The applicant shall fulfill tree mitigation requirements through the installation of twenty-two
(22) Category B trees or equivalent Category A or C trees. Installation of tree mitigation shall be
accomplished with the building permit, and corresponding financial guarantee provided in
accordance with City Code.
14. The applicant shall ensure the survival of preserved trees via protection of the tree’s critical root
zones through the placement of required Tree Protective measures (i.e., orange-colored silt
fence or 4-foot polyethylene laminate safety netting or silt fence), to be installed at the Drip Line
or at the perimeter of the Critical Root Zone, whichever is greater.
15. 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.
16. The applicant shall submit a revised Landscape Plan minus tree mitigation.
17. The applicant shall submit a revised Tree Mitigation Plan. A cash equivalent shall be provided
should tree mitigation be unsatisfied through plantings.
18. The applicant shall submit a Planting Plan which combines both landscape and tree mitigation
requirements.
19. The applicant shall continue to work with staff to refine the overall plans and verify that 3
percent of building value is achieved.
Grading
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20. 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.
Storm Drainage
21. 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 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).
22. 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 (silty
sands) soils are encountered below the excavation extent. A minimum of 2 soil borings must be
provided within the footprint of each proposed stormwater infiltration system. 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.
23. The applicant shall provide adequately sized pre-treatment structures (e.g. 5-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.
24. 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) isolator row provided at any
stormwater inlet point into the underground systems from an impervious surface, 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(s) for inspection and
maintenance, e) 10- inch minimum diameter inspection ports will be provided on all infiltration
gallery rows, f) cross-sections and elevations of pipe/chamber network including manifold
elevations. 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 chamber system, including over-excavation, installation of
pre-treatment structures, inlets, outlets, sump skimmer hoods, temporary bypass piping, etc.
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Shop drawings related to the underground stormwater infiltration chamber system must be
provided to the City for review before installation.
25. 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, 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 basin,
including installation of all inlets and outlets, including contact email and phone number for City
Water Resources Staff.
26. 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 0.9-inches per hour (based on 0.45-
inch per hour design rate with safety factor) or greater (but less than 8.0-inch per hour). If the
sub-soil infiltration rates are less than 0.9-inches per hour (or greater than 8.0-inch per hour),
the applicant shall immediately notify the City Engineer and revise the volume control
practice(s) design and construction as necessary (e.g. over-excavation/soil-amendment depth,
etc.) to ensure volume control requirements are fully met. Verification of sub-soil infiltration
testing rates shall be provided immediately to the City of Eagan on the day of infiltration testing.
The applicant shall ensure that the City Water Resources staff is provided 24-hour advance
notice of the occurrence of infiltration verifications and also provided notice prior to any
excavation and/or soil backfilling within the infiltration practices, to arrange for inspections.
27. 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 and 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
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September 5, 2023
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contractor shall provide 24-hours advance notice to City Water Resources staff prior to
implementation of soil loosening and amendment. Detail shall be included in applicable plan
sheet(s) using Eagan Standard Detail Plate E800.
28. 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.
29. 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 sumps, underground
stormwater infiltration 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.
Utilities
30. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards. Streets/Access/Pedestrian Circulation 31. The internal
private access drives shall be designed to accommodate access for public safety vehicles, in a
manner acceptable to the Fire Chief and City Engineer. 32. The constructions plans shall be
updated to show the existing bituminous trail along Hunt Drive, and how the driveway will be
connected to the trail, in a manner acceptable to the City Engineer. 33. The applicant shall
provide a contractor parking and staging plan prior to issuance of a building permit, in a manner
acceptable to the City Engineer.
INTERIM USE PERMIT – Justman Freight Fuel Tank/Micheal Nesisius – 4855 South Robert Trail
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information and a location map.
City Planner Schultz provided a site map and staff report regarding the request to replace an existing
12,000-gallon fuel tank for a 20,000-gallon tank. Schultz explained because the property is currently
zoned R-1, and non-conforming, the larger tank is not allowed. The request is for a 5-year term on the
IUP.
The property owner, Mike Neisius, was present and addressed the Council. Mr. Neisius noted the
existing tank is about 30 years old and the new larger tank has more technology. The larger tank would
also help during longer holiday weekends.
Mayor Maguire inquired about the history with the adjacent property and if this site had been re-
guided with the property to the north if this would be an issue. City Planner Schultz explained the
subject property was removed from prior consideration due to the neighbor’s structure over the shared
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September 5, 2023
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lot line. He added the applicant intends to purchase the property to the south and eventually re-guide
and rezone the property.
Councilmember Hansen inquired whether the replacement of the tank constituted expansion of the
operation. City Planner Schultz stated the larger tank was being allowed through the IUP. Once the
applicant is able to acquire the other property, the City would seek to fully legalize the outdoor storage
of the larger tank.
Mayor Maguire called for public 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 approve an Interim Use
Permit (IUP) for five years to allow an above ground 20,000-gallon fuel tank upon property legally
described as Lot 1, Block 3, Dodd View Addition, subject to the conditions listed in the Advisory Planning
Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried.
1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the
City, and proof of recording shall be submitted to the City.
2. The 5-year Interim Use Permit shall terminate on September 5, 2028.
3. The above ground tank shall be maintained at the specified location on the Site Plan received
July 19, 2023.
4. Installation of the tank shall follow requirements of the 2020 Minnesota Fire Code.
5. The protective bollards shall be maintained surrounding the tank as approved by the Eagan Fire
Marshal, and the Eagan Fire Marshal shall approve a method for dispensing and securing the
tank from improper or unauthorized dispersion of fuel.
6. All Building and Mechanical Permits shall be completed and approved.
7. The applicant shall display NFPA 704 label to identify the product in the tank.
8. The applicant shall display a “No Smoking” sign.
9. The applicant shall adhere to all State, County and City rules and laws, including Aboveground
Storage of Liquid Substances for performance standards and technical requirements.
PLANNED DEVELOPMENT AMENDMENT – Club Car Wash/Justin Barnes – 1075 Diffley Road
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz provided a location map and provided a staff report.
The applicant representative, Michael Leidig, was present to address the Council. Mr. Leidig highlighted
some key aspects of the proposal.
Councilmember Bakken inquired on the method of payment. The applicant responded that credit card
and cash payments would be accepted, and a membership option was also available. The site would be
fully staffed during all open hours.
Mayor Maguire inquired about the applicant’s willingness to provide screening to the vacuum turbines.
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The applicant responded the vacuums were being moved to the south and east of the site to limit
disturbance to neighboring residential areas. The applicant stated it was impossible to locate the
turbines in an enclosed building but other screening options were on the table.
City Planner Schultz stated the conditions called for an enclosure where materials would match the
principal building.
Mayor Maguire inquired regarding staff’s concern with the proposed sign. City Planner Schultz clarified
staff’s preference for consistency with the Holiday Station sign. Mr. Leidig stated he was confident his
team would be able to come to an agreement on the design of the sign base that would satisfy the City’s
recommendations.
Mayor Maguire called for public comment on the item.
Laura Hedlund, 1364 Wilderness Run Rd, stated she was sad about the proposal having met a best friend
for the first time at the former McDonalds. Ms. Hedlund added that she had also envisioned the site
serving as a healthy or vegan fast food establishment, or a local foods coop. She would like the site to
serve as a vibrant gathering space for the community. Ms. Hedlund is also concerned with the lack of
greenspace on the site and the deviations requested as well as water use with the carwash.
Deborah Hugenin, 27-year resident and live approximately one mile from the area, stated she was
unable to attend the APC meeting and asked whether the decision was already made. Ms. Hugenin
stated the restaurant functioned as a community gathering space and as a convenient option for a meal
in the vicinity of schools and sports fields.
Jeremy Rahn, resident in the area, believes there has been very little visibility of this project with only
one small sign on the property announcing the development of the site. Mr. Rahn raised the issue of
noise impacts on parks and the daycare in the area. He also questioned whether it was true the
McDonalds was unable to be sold to a competitor via a non-compete clause, despite the preference of
the neighborhood that the site continue to serve as a restaurant.
Hearing no additional comments, the Mayor returned the conversation to the Council for additional
conversation and motion.
Public Works Director Matthys responded to the question about water use. It was Director Matthys’
understanding that the water would be reused on the site. City staff have no concerns regarding the
site’s water use.
Community Development Director Hutmacher responded to the question about whether the decision
was a done deal. The Council would be deciding whether to approve the Planned Development
Amendment, and until then, the proposal is not definitive. Director Hutmacher summarized the
procedures for development applications and the public notification process.
City Planner Schultz responded to the question regarding a study of noise impacts to the nearby parks
and daycare. Mr. Schultz stated there was no research done. There are two conditions added to
minimize noise from the vacuums and requiring the bay doors automatically close when a car is inside
the wash.
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Community Development Director Hutmacher responded to the question regarding the City’s
involvement in the sale of properties. While the City has a duty to review all development applications,
the City does not intervene in the decision of a property owner to sell their property. While the City can
set zoning requirements, it cannot dictate which specific businesses should operate on a given site.
Councilmember Supina inquired whether the vacuum turbines ran continuously or only while the
vacuum was in use. City Planner Schultz stated the vacuum would run continuously while the building
was open for business.
The applicant added the vacuums do continuously run, but while the hose is reconnected to the
stanchion the individual unit was off. The Mayor inquired on the level of noise from the turbine itself
when the vacuums were not in use. The applicant responded 70 decibels from about 15-20 feet away
from the turbine.
Councilmember Mike Supina inquired about the distance to the nearest residential site. City Planner
Schultz responded the closest residential area was on the west side of Lexington Way, about 250 feet
away.
Community Development Director Hutmacher clarified that because the property is zoned Planned
Development, the PD amendment is a contract for the current McDonalds restaurant. To change to a
different use requires an amendment to the PD to allow a contract change from a restaurant to another
use. While the Neighborhood Business zoning allows for many uses, the PD zoning [for this site] allows
for a restaurant.
Mayor Maguire stated the City did not get involved in sale of properties and reiterated that the private
market determines the best use of a site, as long as it meets zoning guidelines.
Councilmember Fields added the Eagan Convention Center and Visitors Bureau often advises businesses
on available sites in Eagan. She added the pylon sign be redesigned to remove the thick brick bottom.
City Planner Schultz stated if the Council desired, a condition could be added stating the applicant would
work with staff on a final pylon design. City Attorney Bauer suggested the condition be that the
applicant would submit a revised sign plan in a manner acceptable to staff.
Mayor Maguire called for a motion.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to allow a commercial car wash upon approximately 1.4 acres located at
1075 Diffley Road, legally described as Lot 2, Block 1, Soderholm Addition, subject to the conditions
listed in the APC minutes including the additional condition.
Councilmember Hansen highlighted the concerns raised by the neighbors and stated he would be voting
no on the proposal.
The Mayor called for a vote. Aye: 4, Nay: 1 (Hansen). Motion carried.
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Page 12
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. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City
Code.
3. Individual trash receptacles shall be emptied as needed to prevent overflow, and at the end
of each day. Any litter shall be picked up promptly and properly disposed of within the
appropriate receptacles. All trash receptacles shall be kept in good repair and in accordance
with the standards in City Code Section 10.01.
4. The vacuum stations and supporting trellis system and the associated individual trash
receptacles shall all be the same color and match the color palette of the principal building.
5. The vacuums shall only be available for operation during the hours that the car wash is open
and staffed.
6. The vacuum turbines shall be enclosed in a structure designed to be compatible with the
principal building. Details for the enclosure shall be provided for inclusion in the Planned
Development Amendment Agreement and are subject to approval by the City Planner.
7. The applicant shall repair or correct in a timely and expedited manner any sustained high-pitched
noises produced by the vacuum equipment that may be due to, but not limited to, faulty
connections and failing devices.
8. A revised Building Elevations plan shall be provided for incorporation into the PD Amendment
Agreement showing additional architectural elements for visual interest on the west elevation
to meet City Code standards.
9. A Sign Permit shall be obtained prior to installation of any signs, and compliance with the
City’s Sign Code will be confirmed at that time.
10. At least four vehicle parking stalls and one accessible stall shall be provided, and shown on a
revised Site Plan at the time of building permit.
11. A revised Landscape Plan shall be provided that reflects the following modifications
subject to review and acceptance of the City Planner, for incorporation in the PD
Amendment Agreement:
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September 5, 2023
Page 13
a) Reconcile labels and symbology to match the type of quantities of plant
materials.
b) Add landscaping along south edge of site to achieve screening of car wash drive lanes
and vacuums at 75% opacity to a height of three to four feet.
c) Provide a landscape bed around the base of pylon sign.
d) Add landscaping at the northeast corner with appropriate plants compatible with the
utility easement.
e) Show underlying topographical contours and utilities information.
f) Add note that tree wrap, if used, is to be installed by November 1 and removed by
April 1.
12. The applicant shall submit a revised Landscape Plan that identifies mitigation trees and shows
fulfillment of the mitigation requirement indicated above through a combination of on-site
mitigation planting and/or cash dedication
13. Future development is subject to conditions of the City of Eagan Tree Preservation Ordinance
(City Code Chapter 11, Section 11.70, Subd. 13) and must be satisfied prior to plan approval.
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 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. 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 2 soil borings must be provided
within the footprint of each proposed underground stormwater infiltration pipe gallery system
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.
City Council Meeting Minutes
September 5, 2023
Page 14
17. The applicant shall provide adequately sized pre-treatment structures (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.
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/perforated pipes shall be provided until drainage area stabilization,
b. isolator row provided at any stormwater inlet point into the underground
systems from an impervious surface,
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(s) for inspection and maintenance,
e. 10-inch minimum diameter inspection ports will be provided on all infiltration
pipe rows,
f. cross-sections and elevations of pipe/chamber network.
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 chamber system, including over-excavation, installation of pre-
treatment structures, inlets, outlets, sump skimmer hoods, temporary bypass piping, 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
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 1.5-inches per hour (based on
0.75-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 0.75-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.
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 and Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify
City Council Meeting Minutes
September 5, 2023
Page 15
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. Detail shall be included in applicable plan
sheet(s) using Eagan Standard Detail Plate E800.
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, stormwater management facilities (pre-
treatment sumps, underground stormwater infiltration 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. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
24. The applicant shall provide a contractor parking and staging plan prior to issuance of a
building permit, in a manner acceptable to the City Engineer.
25. The applicant shall reinstall the missing “do not enter” sign at the southern entrance from
Diffley Road, in a manner acceptable to the City Engineer.
INTERIM USE PERMIT – Wenzel Heating & Air Conditioning – 4145 Old Sibley Highway
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz provided a location map and summarized the request. The interim use
permit is requested because outdoor storage is not allowed within the BP zoning district.
The applicant was not present to address the Council.
City Council Meeting Minutes
September 5, 2023
Page 16
Mayor Maguire inquired of staff on the level of screening on the site. City Planner Schultz pointed out
the existing trees and vegetation appear to screen that portion of the property from the public street.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve an Interim Use
Permit (IUP) for three years to allow outdoor storage of six commercial vehicles and a cargo container
upon property located at 4145 Old Sibley Highway, legally described as Lot 1, Block 1, Preusse 2nd
Addition, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5,
Nay: 0. Motion carried.
1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the
City Council.
2. The outdoor storage shall be limited to one cargo container, and six commercial vehicles
consisting of pick-up trucks, flatbed trucks, enclosed and flatbed trailers.
3. The outdoor storage shall be limited to the location as identified on the Site Plan submitted July
19, 2023.
4. The Interim Use Permit is approved for a term of three years, and shall terminate on September
5, 2026.
5. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such
review shall be to determine that the conditions of the permit are within compliance. The
Interim Use Permit may be revoked for failure to comply with any condition of the permit
following notice of the noncompliance and a hearing by the City Council with all interested
parties being given an opportunity to be heard.
CERTIFICATION of Preliminary 2024 General Fund Budget & Tax Levy
City Administrator Miller stated the City is required to certify the preliminary budget and tax levy on or
before September 30. The levy can be decreased but it cannot be increased. The Council is also required
to announce the time at which the budget will next be discussed.
Ms. Miller noted since the August 8 Council workshop, a few minor adjustments have been made but
none affect the tax levy. The tax levy is proposed to increase 6.9% over 2023. Based on market value
estimates, the average value home in Eagan is expected to see an increase over 2023 taxes of around 31
dollars, or 3.3 percent.
The County has yet to establish its Truth in Taxation hearing, but should the date conflict with the City’s,
the Council could act at a later time to reschedule the City’s hearing. The Proposed Budget and Levy will
be proposed in more detail at the December 5 Council Meeting. Finance Director Feldman was present
for questions from the Council.
Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned the
conversation to Council for additional discussion and motion.
City Council Meeting Minutes
September 5, 2023
Page 17
Councilmember Bakken moved, Councilmember _ seconded a motion to approve the preliminary
payable 2024 property tax levy as follows:
Operating $ 40,972,400
Capital 5,405,590
Abatement 17,000
Debt Service 2,438,479
Total Levy 48,833,469
Further, to approve the preliminary 2024 General Fund budget, including contingency, of $52,337,700.
Further, to set the date for the public hearing of the Payable 2024 levy and budget as Tuesday,
December 5.
Further, to make the following announcement as required by State of Minnesota:
“The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council
meeting of Tuesday, December 5 at 6:30 p.m., here in the Council Chambers. The public will be allowed
to speak at this meeting.”
The Mayor thanked the budget team for their work on the budget. The Mayor called for a vote. Aye: 5,
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.
XI. VISITORS TO BE HEARD
There were no visitors to be heard.
City Council Meeting Minutes
September 5, 2023
Page 18
XII.ADJOURNMENT
Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 8:45 p.m.
______________________
Date
______________________
Mayor
______________________
City Clerk
September 19, 2023