04/02/2024 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
April 2, 2024
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Bakken, Hansen and Supina.
A regular Eagan City Council meeting was held on Tuesday, April 2, at 6:30 p.m. Present were Mayor
Maguire, Councilmembers Fields, Bakken, Hansen and Supina. Also present: City Administrator Miller,
City Attorney Bauer, Police Chief New, Public Works Director Matthys, Community Development
Director Hutmacher, City Clerk VanHoose, 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
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 March 4, 2024 Regular City Council meeting minutes.
B. Personnel Items:
1. It was recommended to approve the promotion of Missy Richert from Clerical Tech to
Property Maintenance Inspector and authorize replacement.
2. It was recommended to approve the hiring of two full time Firefighters to be named.
3. It was recommended to approve the hiring of a temporary Aquatics Operations
Manager to be named.
4. It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
• LaRae Dodson Guest Services Representative – ECC
• Kristin Cullen Lifeguard
• Liam Edel Lifeguard
• Zoe Faust Lifeguard
• Eleanor Westerman Lifeguard
• Patrick Amsden Park Laborer
• Tyler Botz Park Laborer
• Jacob Brooks Park Laborer
• Isaac Kawlewski Park Laborer
• Hudson Kerr Park Laborer
• Logan Kolehmainen Park Laborer
• Andy Koppang Park Laborer
• Trevor Langeberg Park Laborer
• Jacob Olson Park Laborer
• Aaron Schreiber Park Laborer
City Council Meeting Minutes
April 2, 2024
Page 2
• Aaron Schreiber Park Laborer
• Ethan Wollak Park Laborer
• Sarah Schrauth Planning Intern
• Becca Moran Recreation Leader- Camp ECC
• Alivia Rohda Recreation Leader – Camp ECC
• Ren Stokesbary Sound Technician
• Erik Budin Utility Maintenance Worker
• Kelsey Smulski Waterpark Operations Assistant
• Rita Muellerleile Youth Art Instructor
C. It was recommended to ratify the check registers dated March 15 and March 22.
D. It was recommended to approve the following ordinary and customary contracts:
1. Water Quality Cost Share and Maintenance Agreement with Debra
Brown for water quality improvements at 2902 Skyline Drive
2. Water Quality Cost Share and Maintenance Agreement with Penny
Anderson for water quality improvements at 1672 Oakbrooke Circle
3. Water Quality Cost Share and Maintenance Agreement with Dimuthu
Jayawardena and Katherine Jayawardena for water quality
improvements at 4730 Dodd Road on Fitz Lake
4. Contract for Services with AVI Systems Inc. for Council Chamber and
Eagan Room Procurement and Implementation Services
5. Market Bucks MOU for Eagan Market Fest 2024
E. It was recommended to adopt a resolution to accept the following donations:
• $5,000 from Friends of the Farm for repairs/upkeep at Holz Farm
• $2,000 from Kelli Ann Benner for a memorial bench at Thomas Lake Park
• $200 from anonymous donor for a memorial tree
• $180 from Dakota Center for the Arts for fee options for non-resident students
of Eagan Art House
F. It was recommended to approve final payment for contract to ArchKey Solutions for the
installation and configuration of new audio visual equipment at Fire Station 2 Emergency
Operations Center.
G. It was recommended to set the interest rate for special assessments levied in the next
twelve months at 4.0%.
H. It was recommended to receive the bids for Contract 24-01 (City-Wide Neighborhood Street
Revitalization) and award a contract to Bituminous Roadways Inc. for the base bid in the
amount of $2,810,789.92 and authorize the Mayor and City Clerk to execute all related
documents.
I. It was recommended to Receive the bids for Contract 24-01 (City-Wide Neighborhood Street
Revitalization) and award a contract to Bituminous Roadways Inc. for the base bid in the
amount of $2,810,789.92 and authorize the Mayor and City Clerk to execute all related
documents.
J. It was recommended to approve Change Order No. 1 and the final payment for Contract 23-
06 (2023 Water Quality Improvements - Ponds JP-7 and JP-9) in the amount of $4,919.65 to
Minnesota Dirt Works, Inc., authorize the Mayor and City Clerk to execute all related
documents, and accept the improvements for perpetual City maintenance subject to
warranty provisions.
K. It was recommended to acknowledge the completion and authorize perpetual City
maintenance, subject to warranty provisions, of City Private Project 19-I (Schramm
Meadows).
City Council Meeting Minutes
April 2, 2024
Page 3
L. It was recommended to approve the final disposition of the Inflow & Infiltration (I&I), Water
Meter Replacement/Repair (R/R), and Advanced Metering Infrastructure (AMI)
Programs(City Code 3.05 Subd 6.B, 3.40 Subd 10) surcharge for the identified properties in
accordance with the related City Ordinance.
M. It was recommended to approve the plans and specifications for Contract 24-14 (2024
Streetlight Improvements – Cedar Grove Area Streetlight LED Retrofit & Yankee Doodle
Road, Construction) and authorize the advertisement for a bid opening to be held at 10:00
a.m. CST on Thursday, April 25, 2024, via an electronic bid site.
N. It was recommended to approve the plans and specifications for Contract 24-16 (2024
Streetlight Improvements – Cedar Grove Area Streetlight LED Retrofit, Equipment Purchase)
and authorize the advertisement for a bid opening to be held at 10:00 a.m. CST on Thursday,
April 18, 2024, via an electronic bid site.
O. It was recommended to approve the prohibition of parking on Duckwood Drive (both north
and south sides), 200 feet east and west of Widgeon Way, and authorize the Mayor and City
Clerk to execute all related documents.
P. It was recommended to approve a resolution designating Farm Road as a “Minimum
Maintenance Road” and authorize the Mayor and City Clerk to execute all related
documents.
Q. It was recommended to receive the Draft Feasibility Report for Project 1377 (Argenta Trail -
Street and Utility Improvements) and schedule a public hearing to be held on May 7, 2024.
R. It was recommended to approve City Contract 24-44, Carpentry/Caulking/Specialties for
Eagan Art House (Project 1558) and award the contract to Ebert Construction for the
amount of $377,700 and authorize Mayor and City Clerk to execute all related documents.
S. It was recommended to accept a grant from the Minnesota Department of Public Safety for
the purchase of a vehicle to be used for Traffic Safety/DWI Enforcement.
T. It was recommended to approve a temporary on-sale wine and beer license to be issued to
the Twin Cities Goodtime Softball League Tournament to be held on May 25 and 26, 2024 at
Northview Park, 980 Northview Park Road, and Lexington/Diffley Athletic Fields, 4201
Lexington Ave S.
U. It was recommended to accept a grant from the Minnesota Department of Human Services
to conduct tobacco compliance checks and authorize the Police Chief to sign necessary
documents.
V. It was recommended to schedule a public hearing for May 7, 2024, to consider final
assessment of the delinquent utility bills and certify them to Dakota County for collection
with property taxes.
W. It was recommended to schedule a Special City Council meeting for Tuesday, April 9, 2024,
to interview Advisory Commission applicants.
V. PUBLIC HEARINGS
VI. OLD BUSINESS
VII. NEW BUSINESS
INTERIM USE PERMIT – Viking Lakes – MV Ventures/Steve Poppen
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz shared an aerial map of the Viking Lakes property and noted the
subject site is currently vacant, though it has been graded with classified material added to the surface.
City Council Meeting Minutes
April 2, 2024
Page 4
The applicant seeks an Interim Use Permit to allow outdoor storage of items including tractor trailers,
small ticket huts, pallets of plywood, and a construction trailer for winter events planned for next season
on the site. A site plan showing the placement of the items was provided. City Planner Shultz clarified
that the termination of the IUP would be November 30, 2025, not November 1 as listed in the
application materials.
Mayor Maguire called for public comment on the item. Hearing none, the mayor returned to the Council
for a motion.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Interim Use
Permit to allow temporary outdoor storage of tractor trailers, small ticket huts, pallets of plywood, and a
construction trailer for property located at 686 Oneill Drive, legally described as Outlot A, Viking Lakes,
subject to the conditions listed in the APC minutes, including a term date of November 30, 2025. 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 Council, with the following exhibits:
• Site Plan
2. The permit shall terminate on April 1, 2025 November 1, 2025. This IUP does not supersede the
terms and conditions of the IUP approved on June 6, 2023, regarding off-site overflow parking.
3. Outdoor storage is limited to the following:
• 4 tractor trailers
• 3 ticket huts
• 30 pallets of 4-foot by 8-foot plywood
• 1 construction trailer
4. If modifications to the site are necessary, 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.
5. 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.
6. The IUP shall be subject to the City’s codified land disturbance and erosion control regulations.
7. The existing Class 5 aggregate surface used for the temporary parking areas will be subject to
continued periodic review by city staff for adequacy of the material to control dust and
drainage. If the material is determined to be inadequate, the City will require that it be replaced
with bituminous asphalt
8. All parking and storage areas shall be properly maintained to prevent deterioration.
City Council Meeting Minutes
April 2, 2024
Page 5
9. The site shall be subject to periodic review by city staff for adequacy of the material for
containment and drainage. If determined to be inadequate, the City will require concrete curb
and gutter to be installed.
10. The applicant shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards and required to meet the City’s codified land
disturbance and erosion control regulations.
11. All entrances and main drive aisles shall be designed and constructed to accommodate a 45,000-
pound fire truck.
12. The applicant shall provide and maintain erosion control (e.g. erosion control blanket with
appropriate seeding) around all temporary sedimentation basin side-slopes.
13. The applicant shall provide and maintain temporary fencing around all temporary sedimentation
basins and erosion-control blanket areas.
14. Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan’s wetland protection
and management regulations (City Code §11.67) shall apply.
PLANNED DEVELOPMENT AMENDMENT –
The Meadows at Birch Pond/Robert Storm – 1650 & 1654 Hunt Drive
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz shared a location map illustrating the location for the proposed
townhomes. The proposal indicates 4 two-story buildings with 4 units per building, each with a patio and
an option for a 4-season porch. The owner intends to apply for a Common Interest Community (CIC) plat
with the County. Construction is intended to being in April with completion in 2025.
Deviations requested include building setbacks from the property line, setbacks between buildings,
parking setbacks and stall width, building coverage, recreation area, and lot area. City Planner Schultz
noted the plan has less density than previously proposed.
The applicant, Bob Storm, was present and addressed the Council and stood open to questions.
The applicant responded to a question from Councilmember Supina and confirmed that windows are
intended to be on all units or just the end units.
Councilmember Supina moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment (PDA) to construct 16 townhome units within four buildings on 2.45 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.
The Council agreed if the external building finishes meet current code standards, that would be
sufficient.
Aye: 5, Nay: 0. Motion carried.
City Council Meeting Minutes
April 2, 2024
Page 6
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 Photometric Plan
Platting
2. The property shall be replatted into a single lot with the reduced right of way shown at 75 feet.
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.
Signage
4. The monument sign shall be subject to City Sign Code standards with a maximum 7 feet in total
height and constructed of 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.
Site Plan
7. The entire dog park shall be fenced. The height of the fence shall be depicted on the Site Plan
(four feet).
Site Lighting
8. The applicant shall submit a Photometric Plan not to exceed 4/1 average-to-minimum ratio and
not to exceed 1 footcandle at the property line.
Landscaping and Tree Preservation
9. The applicant shall fulfill tree mitigation requirements through the installation of thirty-four (34)
Category B trees or equivalent cash dedication. Installation of tree mitigation shall be
accomplished with the building permit, and corresponding financial guarantee provided in
accordance with City Code.
City Council Meeting Minutes
April 2, 2024
Page 7
10. 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 (e.g., 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.
11. 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.
12. The applicant shall submit a revised Landscape Plan that shows the fulfillment of mitigation
requirements in the form of trees installed, cash dedication, or a combination of both.
13. A performance guarantee shall be required for the preservation of trees within 15 feet of the
construction zone. The guarantee must be collected prior to the issuance of any land
disturbance permit.
Grading
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.
Storm Drainage
15. The applicant must revise the proposed stormwater management system to provide filtration
instead of infiltration, due to the site’s proximity to a public drinking water well and being
within the Emergency Response Area (ERA) of a Drinking Water Supply Management Area
(DWSMA), following City and State requirements.
16. 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 water quality
treatment equivalent to 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).
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 filtration 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, and stormwater management report, all underground stormwater
City Council Meeting Minutes
April 2, 2024
Page 8
filtration system details, including that a) an off-line bypass to prevent construction stormwater
from entering the stormwater management system shall be provided until drainage area
stabilization, b) unobstructed physical access via manhole will be provided to either end of any
isolator row(s) for inspection and maintenance, c) 10-inch minimum diameter inspection ports
will be provided on all filtration rows, d) 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 filtration 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. 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. Detail shall be included in applicable plan sheet(s) using Eagan Standard Detail
Plate E800.
20. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-
term stormwater management system maintenance agreement with the City, detailing the
annual inspection and maintenance required to occur to ensure proper operation and
performance of the private permanent stormwater management system, in a form acceptable
to the City Attorney.
21. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall demonstrate that all stormwater management practices
are performing as 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 filtration 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.
Utilities
22. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
City Council Meeting Minutes
April 2, 2024
Page 9
Streets/Access/Pedestrian Circulation
23. 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.
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.
CONDITIONAL USE PERMIT –
Global Equity Partners/Todd Johnson – 3220 Terminal Drive
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Shultz shared an aerial image of the site. The applicant is proposing expanded
outdoor storage with two future covered storage areas on the west side of the site, as well as future
building expansion. The site is proposed to be graded with new stormwater basins constructed and a
central driveway would be added to allow vehicles to access the interior of the site.
The applicant was available for questions.
Mayor Maguire called for comment from members of the public. Seeing none, the Mayor returned the
conversation to Council for additional conversation and motion.
City Planner Schultz responded to a question from Councilmember Fields regarding the possibility of
extending the term to 18 months from one year. Mayor Maguire opined that keeping the 12-month goal
would be ambitious and would hopefully encourage the property owner to bring the site into
compliance sooner.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow outdoor storage of specialized commercial trucks and trailers, materials, equipment, and
cargo container boxes relating to a construction contractor’s yard upon property located at 3220
Terminal Drive, legally described as Lot 2, Block 2, Sibley Terminal Industrial Park, subject to the
conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0. Motion carried.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow an above ground fuel tank relating to a construction contractor’s yard upon property
located at 3220 Terminal Drive, legally described as Lot 2, Block 2, Sibley Terminal Industrial Park,
subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Aye: 5, Nay: 0.
Motion carried.
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval.
2. This Conditional Use Permit shall supersede and replace any and all prior Conditional Use
Permits previously issued to the Property.
3. Prior to issuance of a grading or other site disturbance permit, the applicant shall provide a
staging plan for temporary use of the adjacent lot, not to exceed two phases and for not more
than 90 days for each phase, while the improvements are implemented on the subject site.
City Council Meeting Minutes
April 2, 2024
Page 10
4. The applicant shall obtain a building permit for the fuel tank for review and inspection by the
Fire Marshal.
5. Storage of trash and recyclable materials shall comply with the standards in Section 10.01 and
Section 11.70, Subdivision 21.D.7 of the City Code.
6. The trash enclosure shall comply with the standards in Section 11.70, Subd. 21.D.7 of the City
Code. The trash dumpsters shall be relocated consistent with the approved Site Plan. The trash
enclosure shall be constructed by October 31, 2024
7. The Site Plan should be revised as follows, and provided for City staff review and approval prior
to release of the CUP for recording:
a) Show the location of all roll-off trash dumpsters, and an enclosure meeting City Code
standards to contain any smaller dumpsters and recyclable items.
b) Provide minimum setbacks of outdoor storage from all property lines (i.e. 5 feet in side
and rear yards, 20 feet from public right-of-way).
c) The applicant shall install a barrier or edge to the outdoor surface area, in a manner
acceptable to the City Engineer, and the type and placement of the barrier should be
shown on a revised Site Plan and other civil plans.
d) Show parking for 20 vehicles with stall sizes and drive aisles to meet the dimensional
standards in the City Code.
8. Outdoor storage shall be permitted only of the items in the numbers and locations as delineated
on the approved Site Plan.
9. The site shall be kept in a neat and orderly manner. Outdoor storage items shall not exceed a
height of 12 feet. the height of the fence enclosure.
10. Striping of parking stalls shall be painted on the pavement in accordance with the approved Site
Plan by October 31, 2024.
11. All parking and outdoor storage areas shall be properly maintained to prevent deterioration.
12. The outdoor storage shall be used solely by the primary business and occupant of the principal
building. No subleasing of outdoor storage areas shall be permitted.
13. A dumpster enclosure shall be constructed no later than October 31, 2024.May 31, 2025.
14. If the use of the building changes, or overflow parking becomes an issue in the future, some of
the outdoor storage area shall be converted to off-street parking in the amount necessary to
satisfy off-street parking needs within the site.
15. The applicant shall fulfill the required tree mitigation of sixty-six (66) Category B trees through
the installation of twenty-three (23) Category B trees and a cash dedication in lieu of planting for
the remaining balance of forty-three (43) trees.
16. Issuance of this Conditional Use Permit does not imply an exemption from future tree preservation
ordinance requirements.
City Council Meeting Minutes
April 2, 2024
Page 11
17. 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.
18. 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 15 feet of the construction zone.
19. 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 Tree Protection Fencing.
20. The Landscape Plan shall be revised to show an irrigation system meeting the specifications in
City Code, and provide for alternative irrigation method until trees and seed are established.
The irrigation system shall be provided to all landscaped areas. The notes and planning
specification shall also be revised to include proper tree planting depth.
21. All landscaped areas shall be maintained in accordance with City Code standards, including
regular irrigation; mowing and pruning; removal of litter; application of fertilizer and herbicide
as needed; and replacement of dead plant materials.
22. Prior to issuance of a grading or other land disturbance permit, the shall provide financial
guarantees for landscaping and tree mitigation in accordance with City Code.
23. The Site Lighting Plan shall be modified to provide illumination of at least 0.5 footcandles in the
parking lot area, and improved lighting throughout the site. Additional lights or different fixtures
shall be explored to improve illumination in the interior of the site.
24. 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.
25. 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).
26. The applicant shall provide to the City any documentation of past/previous tenant on-site
petroleum leaks/remediation, Minnesota Pollution Control Agency “Contamination screening
checklist for stormwater infiltration”, and any associated Environmental Site
City Council Meeting Minutes
April 2, 2024
Page 12
Assessments/Reports, for determining if high levels of contaminants in soil or groundwater may
be mobilized by the infiltrating stormwater. If contamination documentation results in
infiltration prohibition on the site by the City, the stormwater management basin would be
redesigned to a filtration basin with water quality treatment performance to meet City
requirements.
27. The applicant shall include appropriate fuel/oil spill containment devices and measures for the
drainage area of the fueling island area, including providing appropriate spill kits and an
Emergency Response Plan that details procedures for spill response/cleanup/ disposal, including
protocols, emergency contacts, and incidence log, which shall be accessible at the site, and shall
include an inspection/maintenance schedule (of an appropriate recurring frequency and after
0.5-inch rain events or greater) in a manner acceptable to the City Engineer, to ensure that no
fuel/oil enter the public storm sewer system or sub-soils/groundwater from the site’s fueling
area. Details shall be included in applicable plan sheet(s).
28. The applicant shall provide a sump structure in proposed catch-basin manhole 115A (e.g. 4-foot
minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood and fuel/oil
absorbents, etc.) for effective capture and easily-accessible cleanout of sediment and floatable
pollutants. The sump structure shall be accessible by appropriate maintenance equipment.
Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231.
29. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide
results of soil borings equally spaced within the footprint of any proposed infiltration feature.
The soil borings shall extend 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 sand) type 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 system. If the soil boring logs indicate incompatibility of existing sub-soil permeability, or
shallow groundwater conflict, or soil contamination, 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.
30. The applicant shall provide adequately sized pre-treatment methods (e.g. vegetated swales with
permeable checkdams, etc.) immediately upstream of any stormwater basin inlet to provide for
effective capture and easily-accessible cleanout of sediment and floatable pollutants. Pre-
treatment structures shall be accessible by appropriate maintenance equipment. If a sediment
forebay is used, identify unobstructed equipment access for periodic removal of sediment from
forebay on Civil and Landscape Plan sheets.
31. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of the proposed infiltration/filtration 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/filtration 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/filtration practices are properly designed, constructed, planted, and
City Council Meeting Minutes
April 2, 2024
Page 13
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/filtration basins, including installation of all
inlets and outlets, including contact email and phone number for City Water Resources Staff.
32. If an infiltration basin is to be constructed on the site, during basin over-excavation/sub-soil
work, the applicant shall ensure that a Professional Soil Scientist will be present to verify and
document that basin sub-soils are suitable for a saturated-state infiltration rate of no less than
2.0-inches per hour (based on 1.0-inch per hour design rate with safety factor). If the sub-soil
infiltration rates are less than 2.0-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.
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 stormwater infiltration
basin, to arrange for inspections.
33. 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.
34. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-
term stormwater management system maintenance agreement with the City, detailing the
annual inspection and maintenance required to occur to ensure proper operation and
performance of the private permanent stormwater management system, in a form acceptable
to the City Attorney.
City Council Meeting Minutes
April 2, 2024
Page 14
35. 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 swales, stormwater
infiltration/filtration basin, oil/fuel capture/absorption device(s), 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.
36. A) The proposed outdoor storage areas shall be surfaced with bituminous asphalt.
OR
B) 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.
37. A) The perimeter of the proposed outdoor storage areas shall be surrounded with concrete curb
and gutter.
OR
B) If no additional curb and gutter is used for the outdoor storage areas, the site will be subject
to periodic review by city staff for adequacy of drainage and vehicle containment. The first
review will occur two years following approval of this permit. If the lack of curb and gutter is
determined to be inadequate, the City will require concrete curb and gutter be installed in a
manner acceptable to the City Engineer. A guardrail or similar barrier shall be installed on the
perimeter of the storage area to protect required setbacks and landscaping.
38. The applicant shall obtain a grading permit from the City prior to the construction of the
proposed site improvements. Detailed plans for this grading work shall be prepared and signed
by a registered professional engineer.
39. The applicant shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering and code standards. The development is also subject to the
City’s codified land disturbance and erosion control regulations.
40. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise.
41. The applicant shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
42. 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.
City Council Meeting Minutes
April 2, 2024
Page 15
CONDITIONAL USE PERMIT – Metro Storage
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz shared a location map. The applicant is requesting a Conditional Use
Permit to allow the addition of a 52.5 square foot pylon sign with dynamic display.
The applicant was present for questions.
Mayor Maguire called for comment from members of the public. Seeing none, the Mayor returned the
conversation to Council for additional conversation and motion.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use
Permit to allow a pylon sign with dynamic display upon property located at 3150 Dodd Rd, subject to the
conditions listed in the APC minutes. Aye: 5, Nay: 0. Motion carried.
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of
approval by the City Council.
2. A Building Permit, with engineered drawings, is required prior to installation of the new sign.
3. A Sign Permit shall be obtained from the City prior to installation of the pylon sign.
4. The height of the sign shall be a maximum of 10 feet.
5. The pylon sign shall be setback a minimum of 10 feet from all property lines.
6. The pylon sign shall be located in the same area as indicated for the monument depicted on the
Site Plan dated February 4, 2022. A revised Site Plan shall be recorded with Dakota County,
reflecting the change from a monument sign to a pylon sign.
7. The dynamic sign messaging shall not change more often than once per minute.
8. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated February
4, 2022.
9. The pylon sign shall comply with all Sign Code requirements.
10. The minimum character height of the sign shall be 15 inches for the 55mph speed limit on the
Dodd Road.
VIII. OTHER BUSINESS
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
X. ECONOMIC DEVELOPMENT AUTHORITY
XI. ADMINISTRATIVE AGENDA
May 7, 2024
City Council Meeting Minutes
April 2, 2024
Page 16
XII.VISITORS TO BE HEARD
XIII.ADJOURNMENT
Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 6:52 p.m.
______________________
Date
______________________
Mayor
______________________
City Clerk