10/03/2023 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
October 3, 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, October 3, 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, Public Works Director Matthys, and
City Planner Schultz.
II. ADOPT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to adopt the agenda as
presented. Aye: 5, 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: 5, Nay: 0. Motion carried.
A. It was recommended to approve the minutes of the September 12 Special City Council
Meeting and the September 19 Regular City Council Meeting.
B. Personnel Items:
1. It was recommended to approve the hiring of a Building Inspector, to be named.
2. It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
• Claire Iversen Art Instructor
• Jesse Bowland Election Assistant
• Anita Oakman Election Assistant
• Owen Virtue Landscape Crew- Seasonal
• Jacob Brooks Park Laborer – Seasonal
• James Thielen Park Laborer – Seasonal
• Lynn Greenberg Volunteer Photographer
C. It was recommended to ratify the check registers dated September 15 & 22.
D. It was recommended to approve the following ordinary and customary contracts:
1. Sponsorship Agreement with Allina Health/Aetna for Senior 50+ Expo on
October 5, 2023.
2. Agreement for Bond Attorney services with Dorsey for the upcoming bond
issuance in 2024 for the parks facilities
3. Client Services Agreement with Blue Peak Consulting for Mental Health &
Resilience services for fire department staff in 2024
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October 3, 2023
Page 2
E. It was recommended to adopt a resolution to accept the following donations:
• $5,000 from the Eagan Lions Club to be used for the Police Department’s
Youth Leadership Academy
• $2,500 from Eagan Funfest to be used for the Police Explorers Program
F. It was recommended to approve a resolution in support of a grant application to the
Minnesota Department of Transportation (MnDOT) Noise Wall Program for a new 2,223 feet
long noise wall along the east side of I-35E from Woodstone Circle to Kings Wood Court, and
a new 1,084 feet long noise wall along the east side of I-35E, from south of Englert Road to
north of Pond View Point, and authorize the Mayor and City Clerk to execute all related
documents.
G. It was recommended to approve the plans and specifications for Contract 23-13 (Large
Diameter Sanitary and Storm Sewer - Closed Circuit Television Video (CCTV)) and authorize
the advertisement for a bid opening to be held at 11:00 a.m. CST on Thursday, October 19,
2023, electronically via QuestCDN.
H. It was recommended to approve the final disposition of the Water Meter
Inspection/Repair/Replacement (I/R/R) Program (City Code 3.05) surcharge for the
identified properties in accordance with the related City Ordinance.
I. It was recommended to direct preparation of an ordinance amendment to City Code Section
3.40 regarding the Fats, Oils and Grease Discharge Prevention and Prohibitions Program and
exemptions for Food Service Establishments.
J. It was recommended to approve a temporary on-sale liquor license for People of Praise, MN
Inc. on November 25, 2023.
K. It was recommended to approve a Premises Permit and adopt a resolution approving Saint
Thomas Alumni Association to conduct lawful gambling at Applebee's located at 1335 Town
Centre Drive.
L. It was recommended to approve an On-Sale and Sunday Liquor License Cruz Enterprises, LLC
doing business as El Nuevo Morelos.
M. It was recommended to direct staff to enforce the Development Agreement between the
City and Eagan Chicken LLC and EREP Eagan I, LLC (Town Centre 70 Twenty Third Addition)
involving development of Popeye’s Chicken.
N. It was recommended to approve a one-year extension of the Conditional Use Permit
allowing joint parking with two other properties, reducing the on-site parking requirements
by 15 stalls upon property located at 1570 Century Point.
O. It was recommended to approve a resolution to direct election staff to tally write-in votes
only if write-in votes are greater than a ballot candidate’s total votes cast.
P. It was recommended to approve a resolution to change polling place designations for
Precinct 13 and Precinct 15.
Q. It was recommended to approve Change Order No. 1 on Contract for the Police Department
Women’s Locker Room and authorize Mayor and City Clerk to execute all related documents
V. PUBLIC HEARINGS
ORDINANCE AMENDMENT – Chapter 10 – Use of Cannabis in Public Spaces
City Administrator Miller introduced the item and noted the Minnesota Legislature recently approved
legislation providing for adult use of cannabis, which allows local jurisdictions to regulate cannabis use in
public spaces. City Attorney Bauer was available for questions.
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October 3, 2023
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Mayor Maguire called for public comment on the proposed ordinance amendment. Hearing none, the
Mayor returned the conversation to the Council for additional discussion and action.
Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing
and approve an Ordinance Amendment to City Code Chapter 10 regarding use of cannabis in public
spaces. Aye: 5, Nay: 0. Motion carried.
VI. OLD BUSINESS
VII. NEW BUSINESS
CONDITIONAL USE PERMIT and FINAL PLAT –
Aspen Waste / Thor Nelson – 3255 Sibley Memorial Highway
City Administrator Miller invited City Planner Schultz to provide additional information. City Planner
Schultz provided a location map and staff report of the proposal. Schultz noted the applicant is seeking
approval to expand the outdoor storage area for outdoor waste and recycling containers and a final plat
to combine two platted parcels into one lot. Schultz noted the applicant was no longer seeking
acceptance to install trees within the MNDOT right-of-way and will instead accommodate all
landscaping within the property.
The applicant was present for questions.
Mayor Maguire asked if the landscaping was intended to meet landscaping or screening requirements.
City Planner Schultz replied it was intended for both. Schultz described the location of the existing
vegetation and screening on the property.
Mayor Maguire called for public comment. Hearing none, the Mayor returned the conversation to
Council for additional discussion and action.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve (or direct
preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outdoor storage of empty
waste and recycling containers upon property located on Lots 4 and 5, Block 2, Sibley Terminal Industrial
Park, subject to the conditions listed in the APC minutes using option 16A instead of 16B. Aye: 5, Nay: 0.
Motion carried.
1. The CUP shall be recorded at Dakota County within 60 days of approval by the City.
2. The location, items, and quantities to be stored shall be consistent with the Outdoor Storage Plan
dated September 5, 2023.
3. The applicant shall obtain a 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.
4. 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
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October 3, 2023
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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.
5. 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, 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).
6. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide 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 the proposed
stormwater infiltration basin 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.
7. The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum depth
sump, 5-foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately upstream of,
any stormwater infiltration basin system 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. If a sediment forebay is used instead of a sump
structure, identify unobstructed equipment access for periodic removal of sediment from forebay
on Civil and Landscape Plan sheets.
8. The applicant shall install and maintain catch-basin insert filters meeting City standards, in all on-site
catch-basin structures for the site’s stormwater management system, along with the installation and
maintenance of oil-absorbent materials. City Water Resources staff will
9. re-evaluate after one-year of operation to determine if the oil-absorbing materials within the catch-
basin insert filters continue to be needed. 9. 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 system cross-section and profile, critical
elevations and storage volumes, basin 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
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October 3, 2023
Page 5
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.
10. 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 0.8-inches per hour (based on 0.375-
inch per hour design rate with safety factor). If the sub-soil infiltration rates are less than 0.8-inches
per hour, the applicant shall immediately notify the City Engineer and revise the volume control
practice(s) design and construction as necessary (e.g. overexcavation/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 stormwater infiltration basin, to arrange for inspections.
11. 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. During implementation of the Soil Loosening & Amendment implementation the
applicant shall provide documentation (e.g. haul tickets, representative on-site soil samples,
compaction testing and soil organic content test results) 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.
12. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a longterm
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.
13. 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, stormwater infiltration basin/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.
14. A Knox Switch shall be provided in a manner acceptable to the Fire Chief to provide access to the
parking lot, outdoor storage area, and building for public safety purposes.
15. All drive aisles shall be maintained free of obstruction.
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October 3, 2023
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16. A. The applicant shall work with forestry staff to submit a revised Landscape Plan, Mitigation Plan
and Planting Plan that fulfills the mitigation requirement based upon 30% removal through a
combination of on-site mitigation planting and/or cash dedication.
17. Issuance of this Conditional Use Permit does not imply an exemption from future tree preservation
ordinance requirements.
18. 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.
19. The applicant shall ensure the survival of preserved trees via a Performance Guarantee in the
amount of $25.00 per diameter inch of all trees within fifteen feet (15') of the construction zone.
20. 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.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a Final Plat
(Aspen Waste) to combine two lots into one lot consisting of approximately 7.8 acres for property legally
defined as Lots 4 and Lot 5, Block 2, Sibley Terminal Industrial Park. Aye: 5, Nay: 0. Motion carried.
VIII. OTHER BUSINESS
There was no other business.
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
X. ECONOMIC DEVELOPMENT AUTHORITY
There were no items for the EDA.
XI. ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
XII. VISITORS TO BE HEARD
There were no visitors to be heard.
XIII. ADJOURNMENT
Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 6:50 p.m.
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______________________
Date
______________________
Mayor
______________________
City Clerk
October 17, 2023