11/19/2024 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
November 19, 2024
6:30 P.M.
A Listening Session was held at 6:00p.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, November 19th, at 6:30 p.m.
Present were Mayor Maguire, Councilmembers Supina, Bakken, Fields and Hansen. Also
present: City Administrator Miller, City Attorney Bauer, Director Hutmacher, City Planner
Schultz, and City Engineer Nelson.
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
Swearing in of new firefighters Russell Barry, Josue Dimas, Ashlee Dehn, Lucas Pitra
and Kayla Kennedy.
Fire Chief Searle addressed the Council and invited family and friends to pin the badge of
each firefighter. Chief Searle introduced City Clerk VanHoose to administer the oath of
office to new firefighters Barry, Dimas, Dehn, Pitra and Kennedy.
Mayor Maguire thanked Chief Searle, congratulated the new firefighters, and recognized
Assistant Fire Chief Kip Springer for 9 years of service to the City of Eagan as he is moving
on to be the Fire Chief for the City of Rosemount.
IV. CONSENT AGENDA
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve
the Consent Agenda.
Aye: 5, Nay: 0. Motion carried.
Mayor Maguire called for members of the public to comment or ask questions on any of the
items on the Consent Agenda.
A. It was recommended to approve the following meeting minutes:
• October 8, 2024 Special City Council Meeting Minutes
• November 4, 2024 Regular City Council Meeting Minutes
B. It was recommended to accept the resignation of Kip Springer, Deputy Fire Chief and
authorize replacement, to accept the resignation/retirement of Paula Nowariak,
Administrative Analyst and authorize replacement with a Recreation Programmer, and
to a approve the hiring of the following part-time recurring and seasonal employees:
• Seth Kohlmeinen Rink Attendant
• Riley Grotjohn Rink Attendant
• Brandon Lunneborg Rink Attendant
• Eleanor Robb Rink Attendant
• Nicholas Emerson Rink Attendant
• Logan Kolehmainen Rink Attendant
• Daniel Lachenmeyer Rink Attendant
• Lauren Bruns Rink Attendant
• Mina Jansma Rink Attendant
• Edward Moore Rink Attendant
• Theodore King Rink Attendant
• Henry Heinlein Rink Attendant
• Allan Salvacion Zamboni Driver
C. It was recommended to ratify the check registers dated November 1, 2024 and
November 8, 2024 as presented.
D. It was recommended to approve the ordinary and customary contracts below:
1. Face Painting Vendor Agreement New Years Eve.
2. Servicing Agreement with Building Inspections and SAFEBuilt, LLC for inspections.
3. Contract with Kraus-Anderson Construction Company for Police Garage
modification to accommodate the Bearcat.
4. Contract with Joe Schmidt who will be the keynote speaker for the Eagan Police
Department annual staff meeting.
E. Item Pulled
F. It was recommended to appoint Dougherty, Molenda, Solfest, Hills & Bauer, P.A. as civil
attorneys for the City of Eagan.
G. It was recommended to approve an updated City of Eagan Brand Guide with a revised
secondary and tertiary color palette, guidelines for icon usage and updated flag
requirements.
H. It was recommended to approve a contract to provide Financial Management Services
for the Dakota County Drug Task Force.
I. It was recommended to approve the final payment for Contract 24-03, Lexington Storm
LS Rehab.
J. It was recommended to acknowledge the completion of Project 21-P Metro Storage
K. It was recommended to receive a Petition to Vacate Drainage & Utility Easement, Lot 3, Block 1,
Sky View (Parkside Circle) and Schedule a Public Hearing for December 17, 2024.
L. It was recommended to approve a Joint Powers Agreement (JPA) with Dakota County for
participation in their City County Conservation Collaborative program for native restoration
work to be completed at Caponi Art Park.
M. It was recommended to approve a Resolution designating the Dakota County
Community Development Agency to administer Eagan Local Affordable Housing Aid
Funds.
V. PUBLIC HEARINGS
APPROVE Property Tax Abatements for the issuance of General Obligation Tax
Abatement Bonds.
City Administrator Miller introduced the item and invited Tammy Omdahl, advisor with
Northland Securities, to provide a brief presentation and answer questions from the
Council.
Ms. Omdahl stated that the purpose of the public hearing is related to approval of the tax
abatement, which will provide the authority for City Council to issue General Obligation Tax
Abatement Bonds at a later date. It was reiterated that there will be no tax abatement at
this time.
Councilmember Bakken inquired whether the state statute that prohibits the city from
abating taxes is the same statute that requires the use of the term "tax abatement." Ms.
Omdahl confirmed Councilmember Bakken’s understanding is correct.
Mayor Maguire called for public comment on the issuance of General Obligation Tax
Abetment Bonds. Hearing none, the Mayor returned the conversation to Council for
additional conversation and motion.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a
resolution relating to the tax abatement and general obligation tax abatement bonds,
granting the abatement and approving the issuance of the bonds.
Aye: 5, Nay: 0. Motion carried.
VI. OLD BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT
and PRELIMINARY SUBDIVISION – Thomson Reuters Campus Redevelopment (Ryan
Companies)
City Administrator Miller introduced the item and invited City Planner Schultz to provide
additional information. Mr. Schultz noted minor changes outlined in the revised memo.
Mayor Maguire invited applicants or members of the public to ask questions or comment.
There were no questions or comments from the applicants or the public.
Councilmember Bakken moved and Councilmember Fields seconded a motion to
implement a comprehensive guide plan amendment to change the land use designation
from Major Office to Industrial and Low/Medium Density Residential upon approximately
179 acres located southeast of Yankee Doodle Rd. and Elrene Rd., formerly the Thompson
Reuters Campus, upon property legally described as Lot 1 Block 1 and Outlots B and C,
West Publishing company, Fourth Addition and Lot 1 Block 1 West Publishing Company 7th
addition.
Aye: 5, Nay: 0. Motion carried.
Councilmember Supina moved and Councilmember Bakken seconded a motion to
approve a Preliminary Planned Development and establish an approximately 179-acre
multibuilding, multiuse development consisting of industrial uses, townhomes, and single
family residences generally located at 610 Opperman Drive legally described as Lot 1 Block
1 and Outlots B and C West Publishing Company Fourth Addition and Lot 1 Block 1 West
Publishing Company Seventh Addition subject to the following conditions:
1. A Preliminary Planned Development Agreement shall be executed and recorded against
the property at the Dakota County Recorder’s office. The Preliminary PD Agreement shall
contain the following plans:
• Preliminary Site Plan
• Preliminary Building Elevations
• Preliminary Landscape Plan
• Preliminary Signage Plan
• Preliminary Lighting Plan
2. A Final Planned Development Agreement shall be executed and recorded against the
property for each phase (i.e. each platted lot or outlot comprising a part of the Property)
as it develops. The following plans are required for the Final Planned Development
Agreement:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Signage Plan
• Final Lighting Plan
3. An Amendment to the Preliminary Planned Development shall be required for the future
development of each of the Outlots A, C, and E, for approval of specific development
plans at the time of development of each such Outlot, and before Final Planned
Development.
4. The term of this Preliminary Planned Development shall be 10 years.
Uses
5. The Preliminary Planned Development allows the uses identified in the table below. City
Code standards as assigned for the respective uses shall apply, unless otherwise
approved by the City Council through the Planned Development Amendment.
Parcel Area Corresponding Zoning Proposed Use
Lot 1, Block 1 60.3 acres I-1, Limited Industrial Approx. 3,600,000 sq. ft.
industrial warehouse and
logistics building
Outlot A 40.6acres I-1, Limited Industrial Approx. 588,000 sq. ft.
industrial uses in multiple
buildings
Outlot B 29.1 acres I-1, Limited Industrial Stormwater management
Outlot C 5.9 acres R-1, Single Family Single-Family, estimated 7
lots
Outlot D 1.96 acres I-1, Limited Industrial Combine with adjacent
parcel to the south
Outlot E 22 acres R-3, Residential Townhouse Residential townhomes,
estimated 114 units
Outlot F 9.9 acres Proposed Park Dedication Park/Public Trail
Environmental Review
6. The developer shall be responsible for all relevant mitigation strategies included within
the Final AUAR in accordance with the City’s determination of responsibility. The
applicant shall demonstrate compliance at the time of Final Planned Development,
Building Permit, and/or Certificates of Occupancy as individually appropriate.
7. The developer shall be responsible for the cost of all updates to the Final Alternative
Urban Areawide Review (AUAR). Updates are required every five years until the
completion of the development.
Lots/Plat
8. The property shall be platted.
9. The Developer shall prepare a declaration, in a form acceptable to the city attorney, to
require that Outlot B remain in common ownership with Lot 1.
10. Outlot D shall be combined with Lot 1, Block 1, West Publishing Company 2nd Addition,
in a form acceptable to the city attorney. Except for Condition No. 5, the remaining
conditions in Exhibit “C” do not apply to Outlot D.
11. The applicant shall convey Outlot F to the city, by warranty deed. The applicant shall
provide evidence of title satisfactory to the city attorney and shall provide payment of
all real estate taxes until the property has obtained tax exempt status.
12. A minimum 25% green space shall be provided for each lot of the future South Industrial
development.
Airport Noise
13. Within the one-mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBA reduction
in interior noise levels shall be required for new residential construction, and compliance
shall be demonstrated at the time of application for Building Permit.
Parking
14. Parking for the residential uses shall comply with City Code standards, to be determined
at the time of development.
15. Parking stalls for the industrial uses shall not be less than 9 feet in width and 18 feet in
depth.
16. Parking for the North Industrial Development shall be as shown on the approved Site
Plan. The following minimum parking ratios shall apply to the South Industrial
Development, with compliance demonstrated at the time of development.
Use Proposed Ratio
Office as principal use 1/200
Office associated with
warehousing/wholesaling
1/250
Manufacturing/Fabricating/Processing
1 per 400 up to 6,000 sq.
ft.
plus
1/2,000 thereafter
Warehousing/Wholesaling 1/400 up to 6,000 sq. ft.
plus
1/2,000 thereafter
Parking Stall Size 9 x 18 feet
Signage
17. A comprehensive master sign plan for all future signage shall be provided with each
Final Planned Development to provide a consistent sign standard throughout the
development. The master sign plan shall be amended with each phase of development.
18. All gateway and monument signs shall follow a similar design and feature elements to
complement the architecture of the buildings on the applicable site and the base of all
free-standing signs shall be constructed of materials to match the principal building.
19. Building signage shall be limited to not more than 5% of the façade area on Lot 1, Block
1 (North Industrial Development), and not more than 10% of the façade area on the
future South Industrial Development buildings.
20. Building signage shall comply with all other provisions in the City Code.
21. The applicant shall provide a use and maintenance agreement for the shared signage
throughout the applicable site, in a form acceptable to the City Attorney.
22. No free-standing signs shall be located nearer than 10 feet from any property line. Sign
locations and compliance with required setbacks will be confirmed during review of
each Sign Permit.
23. A separate Sign Permit shall be required prior to installation of all building and free-
standing signage. Compliance with the terms of the Planned Development and City Sign
Code will be confirmed during Sign Permit review.
Buildings
24. Any free-standing sign over seven feet in height shall also require a Building Permit for
installation of the sign base.
25. For the North Industrial Development, architectural design and materials shall be as
shown on the approved Building Elevations. Architectural design shall provide similar or
same treatment on all sides of the buildings on each lot, and provide visual breaks and
interest every 80 feet as required by City Code.
26. The North Industrial Development building shall be subject to the architectural design
and exterior materials standards for new industrial buildings exceeding 800 feet from a
state right-of-way.
27. South Industrial Development buildings shall meet the applicable City Code architectural
design and exterior materials standards for new industrial building construction within
800 feet of a state right-of-way.
28. All exterior building materials shall be integrally colored or have a finish texture that is
integral to the material. Metal panels shall have an applied factory finish. Paint or
textured paint is not an acceptable finish.
29. Placement of trash and recyclables containers shall be shown on the development plans
at the time of Final Planned Development, consistent with City Code standards.
Lighting
30. The Site Lighting Plan shall be revised for the Final Planned Development such that pole-
mounted light fixtures are not more than 30 feet in height in the parking lots on the
industrial sites, including the northwest loading area of Lot 1, Block 1. Pole-mounted
light fixtures shall not exceed 40 feet in height within the truck/trailer storage lots for
the North Industrial Development. All fixtures shall be LED and Dark Sky compliant, with
cut-offs and shields as necessary to prevent glare and light spillover to adjacent property
and public rights-of-way.
31. A minimum illumination of 0.5 footcandles shall be provided throughout all parking lots,
with an average to minimum ratio of not more than 4 footcandles.
32. Public street lighting shall comply with City standards, to be determined at the time of
Final Subdivision.
Landscaping/Tree Preservation
33. A detailed Final Landscape Plan shall be provided for each lot at the time of the Final
Planned Development, as well as for the townhome development on Outlot E, and a
financial guaranty shall be provided at the time of Final Subdivision, in accordance with
City Code provisions.
34. Designated snow storage areas shall be identified on the development plans at the time
of Final Planned Development. Snow storage areas shall not occupy required parking
stalls, and shall be located to minimize meltwater runoff over sidewalks and other
pavement, and to stormwater ponds to prevent chloride contamination.
35. The applicant shall provide Conservation Easement over the identified tree preservation
areas on Outlot B and Outlot C, in a form acceptable to the city attorney.
36. The applicant shall be responsible for required mitigation of 1,396 Category B trees. The
Developer proposes to fulfill the mitigation through the installation of 199 Category B
trees and equivalent cash dedication of $598,000 for the remaining balance in lieu of on-
site planting.
37. This project will utilize a “floating number” system for the final number of mitigation
trees required. The tree preservation section of this document serves as the baseline for
this system.
38. The applicant shall continue to work with city staff to identify additional opportunities for
preservation and mitigation during the development and construction process.
39. The applicant shall submit a revised Tree Preservation Plan, with enlargements, that
show the location of tree protection fencing or other tree protective measures. Tree
protection measures must be installed at the drip line or the perimeter of the Critical
Root Zone (CRZ), whichever distance is greater. Tree protection fencing shall be orange-
colored silt fence or 4-foot polyethylene laminate safety netting. No grade change,
construction activity, or storage of materials shall occur beyond this fenced area. If this
fencing cannot be placed and maintained at the required distance, the trees will either be
considered removed, or a certified arborist must prepare a Tree Health Management Plan
outlining tree management activities to ensure their survival.
40. Per City ordinance, 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. The amount due will be calculated upon receipt of the Final
Tree Preservation Plan for each phase and collected at the time of Final Subdivision or prior
to issuance of a land disturbance permit.
41. 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.
Outdoor Storage and Trash
42. The gates across the driveways shall each have a Knox Box acceptable to the Fire
Marshal for emergency access.
43. The applicant shall demonstrate effective screening of the outdoor storage from public
rights-of-way at the time of Final Planned Development, in particular in the northeast
corner adjacent to Highway 149. Where landscape screening is not feasible, alternative
methods of screening the outdoor storage area should be employed.
44. Storage of trash and recyclables shall be provided in accordance with City Code, and
demonstrated at the time of Final Planned Development for each lot.
45. All retaining walls higher than 4 feet shall be designed and certified by a licensed
professional engineer and shall require a separate building permit.
Wetlands/Stormwater
46. Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan’s Wetland
Protection and Management Regulations (City Code Section 11.67) shall apply to the
development.
47. This development shall comply with Eagan’s regulations for wetland buffers, wetland
buffer vegetation, and conservation easement requirements, according to City Code
Section 11.67.
48. 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.
49. 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 Runoff
Rate Control and 1.1-inch Volume Control (or City-approved water quality equivalent) of
effective retention of the site’s new impervious surface area (including effective soil
remediation for all of the site’s disturbed soils that are to be revegetated).
50. Prior to receiving City approval to permit land disturbing activity, the applicant shall
provide the City with site-specific geotechnical evaluation of the sub-soils beneath the
proposed infiltration basins to verify the suitability of the existing sub-soils to infiltrate
stormwater as planned, including P200 evaluation if SM sub-soils are encountered
beneath the infiltration basins. If the geotechnical evaluations 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.
51. 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/inflows, outlets and emergency overflows and unobstructed access for inspections
and maintenance of inlets/outlets. Details for basin soil requirements shall include sub-
soil infiltration testing for the infiltration basins following City/MPCA guidelines, sub-soil
ripping of 18-inch depth minimum x 18-inch maximum spacing at over-excavation prior
to soil amendment backfilling, and appropriate soil amendment criteria. Details for
planting and stabilization requirements shall include live planting at 18-inch on-center
spacing of all basin bottom area, seeded or live-planted side-slopes, and permanent
erosion-control details for basin bottom and side-slopes, etc. These graphical details and
notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan,
Utility Plan, Details, etc.). Notes shall be provided that grading and utility contractor(s)
shall provide 24-hours advance notice to City Water Resources Staff of any grading or
utility work involving the proposed infiltration basins, including installation of all inlets
and outlets, including contact email and phone number for City Water Resources Staff.
52. During infiltration system over-excavation/sub-soil work, the applicant shall ensure that
a Professional Soil Scientist will be present to verify and document that infiltration
system sub-soils are suitable for a saturated-state infiltration rate of no less than 0.9-
inches per hour (based on 0.45-inch per hour design rate with 2x safety factor) or
greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than
0.9-inches per hour (or greater than 8.0-inch per hour), the applicant shall immediately
notify the City Engineer and revise the volume control practice(s) design and
construction as necessary (e.g. over-excavation/soil-amendment depth, under-drain
with iron-sand mounding, etc.) to ensure volume control requirements are fully met.
Verification of sub-soil infiltration testing rates shall be provided immediately to the City
of Eagan on the day of infiltration testing. The applicant shall ensure that the City Water
Resources staff is provided 24-hour advance notice of the occurrence of infiltration
verifications and also provided notice prior to any excavation and/or soil backfilling
within the infiltration practices, to arrange for inspections.
53. The applicant shall provide appropriately sized pre-treatment sump structures (e.g.
hydrodynamic separators, Site Savers, etc.) within the stormsewer network immediately
upstream of any stormwater basin and throughout the Project Nova site’s impervious
catchment areas for pre-treatment prior to Pond 1P, for collection/containment/easy
retrieval of trash/floatable debris, oil/hydrocarbons and sediment, in a manner
acceptable to the City Engineer.
54. 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 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.
55. 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 and public-private partnership permanent
stormwater management system, in a form acceptable to the City Attorney.
56. 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
(sumps, infiltration basins, wet pond, etc.), including 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.
Grading/Streets/Utilities
57. This subdivision shall dedicate the public right-of-way and any roadway easements, and
shall be accompanied by grant(s) in separate easement agreement(s) of any temporary
construction easements, necessary for the construction of the extension of Opperman
Drive, in accordance with City engineering standards for width and curvature.
58. The public watermain loop to Yankee Doodle Road, Elrene Road, and the west side of TH
149 shall be designed and installed in a manner and location acceptable to the City
Engineer.
59. All private sanitary sewer and watermain laterals and services shall be designed and
installed at sufficient depth and grade according to City of Eagan engineering standards.
60. This development shall provide hydrant spacing and locations in accordance with City
Fire Department and Public Works standards.
61. Fire hydrants within the North Industrial Development site shall be spaced and
protected by bollards to adequately cover the building and parked trailers in a manner
acceptable to the City Engineer and City Fire Marshal.
62. Fire hydrants and fire suppression system for the North Industrial Development site
shall be designed in a manner acceptable to the City Fire Marshal.
63. Domestic and fire protection water services to the North Industrial Development site
shall be designed in a manner acceptable to the City Engineer.
64. Opperman Drive shall be designed and constructed to meet City of Eagan standards and
to MnDOT State Aid standards including width, curvature and parking provisions.
65. The applicant shall provide turning Templates for Opperman Drive showing that large
trucks can travel the proposed radius without crossing lane lines.
66. Any public trails being dedicated to the city should be in new or like-new condition.
67. All trails, sidewalks, and pedestrian ramps shall be ADA compliant.
68. The applicant shall provide a contractor parking and staging plan in a manner acceptable
to the City Engineer.
Easements/Agreements/Permits
69. The applicant shall obtain a Building Permit for the demolition of the existing buildings.
70. The applicant shall obtain a separate Building Permit for the installation of any retaining
walls four feet in height or greater.
71. The applicant shall obtain right-of-way or a roadway easement from Gopher Resources
(over PID 10-01300-260-12) to provide connection to Yankee Doodle Road, in a form
acceptable to the City Attorney.
72. The applicant shall upgrade the Opperman Drive railroad crossing to new or like-new
condition, and construct all street and trail crossing improvements at the railroad
crossing at the applicant’s expense.
73. The applicant shall be responsible to acquire all necessary easements, permits, and/or
agreements with other agencies (i.e. work within the Williams Pipeline Easement, street
connection to Yankee Doodle Road, street and trail connection to Trunk Highway 149,
street and trail crossings of the Soo Line Railroad, MnDOT At-Grade Rail Crossing
Agreement).
74. A centralized stormwater treatment system will be owned and maintained by the City
and the applicant shall enter into a maintenance agreement to financially participate
with ongoing maintenance of the centralized stormwater treatment system, in a form
acceptable to the City Attorney.
75. The applicant shall enter into a maintenance agreement, in a form acceptable to the City
Attorney, for the privately owned utilities serving multiple property that addresses
ownership and maintenance responsibilities with any involved properties.
76. If the AUAR concludes that off-site improvements are necessary, the applicant shall
enter into a traffic improvement escrow agreement, in a form acceptable to the city
engineer and city attorney, to provide for reimbursement of the cost of construction of
those improvements when needed for future development.
Parks and Trails
77. Through a previous land dedication, park dedication requirements were partially
satisfied for the residential components of this development, and satisfied for up to
3,800,000 square feet of industrial development.
78. The dedication of Outlot F as park land satisfies any park dedication due for industrial
development exceeding 3,800,000 square feet as shown on the approved site plan.
79. The applicant shall satisfy trail dedication requirements through the construction of
approximately 1.57 miles of public trails throughout the site within the Opperman Drive
right-of-way and including connections to the existing trails on Elrene Road and within
Wescott Station Park. Installation of these public trails fully satisfies the trail dedication
requirements for this development.
Aye: 5, Nay: 0. Motion carried.
Mayor Maguire noted that a public hearing regarding the residential portion of the
preliminary planned development will be held at the December 3, 2024 council meeting.
Councilmember Hansen moved and Councilmember Fields seconded a motion to approve
a Preliminary Subdivision West Publishing Company eighth addition to create one lot and
six outlots upon approximately 179 acres located at 610 Opperman Dr legally described as
Lot 1 Block 1 and Outlots B and C West Publishing Company Fourth Addition and Lot 1
Block 1 West Publishing Company Seventh Addition subject to the following conditions:
1. The developer shall comply with these standards conditions of plat approval as adopted
by Council on July 1, 2014: A1, B1, B2, B3, B4, C1, C2, C4, E1, G1, H1, and I1
Environmental Review
2. The developer shall be responsible for all relevant mitigation strategies included within
the Final AUAR in accordance with the City’s determination of responsibility. The
applicant shall demonstrate compliance at the time of Final Planned Development or
Building Permit as individually appropriate.
3. The developer shall be responsible for the cost of all updates to the Final Alternative
Urban Areawide Review (AUAR). Updates are required every five years until the
completion of the development.
Lots/Plat
4. The property shall be platted.
5. The Developer shall prepare a declaration, in a form acceptable to the city attorney, to
require that Outlot B remain in common ownership with Lot 1.
6. Outlot D shall be combined with Lot 1, Block 1, West Publishing Company 2nd Addition,
in a form acceptable to the city attorney. Except for this item, the remaining conditions
do not apply to Outlot D.
7. The applicant shall convey Outlot F to the city, by warranty deed. The applicant shall
provide evidence of title satisfactory to the city attorney and shall provide payment of
all real estate taxes until the property has obtained tax exempt status.
8. A minimum 25% green space shall be provided for each lot of the future South Industrial
development.
Airport Noise
9. Within the one-mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBA reduction
in interior noise levels shall be required for new residential construction, and compliance
shall be demonstrated at the time of application for Building Permit.
Parking
10. Parking for the residential uses shall comply with City Code standards, to be determined
at the time of development.
11. Parking stalls for the industrial uses shall not be less than 9 feet in width and 18 feet in
depth.
12. Parking for the North Industrial Development shall be as shown on the approved Site
Plan. The following minimum parking ratios shall apply to the South Industrial
Development, with compliance demonstrated at the time of development.
Proposed
Office as principal use 1/200
Office associated with
warehousing/wholesaling
1/250
Manufacturing/Fabricating/Processing
1 per 400 up to 6,000 sq.
ft.
plus
1/2,000 thereafter
Warehousing/Wholesaling 1/400 up to 6,000 sq. ft.
plus
1/2,000 thereafter
Parking Stall Size 9 x 18 feet
Signage
13. A comprehensive master sign plan for all future signage shall be provided with each
Final Planned Development to provide a consistent sign standard throughout the
development. The master sign plan shall be amended with each phase of development.
14. All gateway and monument signs shall follow a similar design and feature elements to
complement the architecture of the buildings on the applicable site and the base of all
free-standing signs shall be constructed of materials to match the principal building.
15. Building signage shall be limited to not more than 5% of the façade area on Lot 1, Block
1 (North Industrial Development), and not more than 10% of the façade area on the
future South Industrial Development buildings.
16. Building signage shall comply with all other provisions in the City Code.
17. The applicant shall provide a use and maintenance agreement for the shared signage
throughout the applicable site, in a form acceptable to the City Attorney.
18. No free-standing signs shall be located nearer than 10 feet from any property line. Sign
locations and compliance with required setbacks will be confirmed during review of
each Sign Permit.
19. A separate Sign Permit shall be required prior to installation of all building and free-
standing signage. Compliance with the terms of the Planned Development and City Sign
Code will be confirmed during Sign Permit review.
Buildings
20. Any free-standing sign over seven feet in height shall also require a Building Permit for
installation of the sign base.
21. For the North Industrial Development, architectural design and materials shall be as
shown on the approved Building Elevations. Architectural design shall provide similar or
same treatment on all sides of the buildings on each lot, and provide visual breaks and
interest every 80 feet as required by City Code.
22. The North Industrial Development building shall be subject to the architectural design
and exterior materials standards for new industrial buildings exceeding 800 feet from a
state right-of-way.
23. South Industrial buildings shall meet the applicable City Code architectural design and
exterior materials standards for new industrial building construction.
24. All exterior building materials shall be integrally colored or have a finish texture that is
integral to the material. Metal panels shall have an applied factory finish. Paint or
textured paint is not an acceptable finish.
25. Placement of trash and recyclables containers shall be shown on the development plans
at the time of Final Planned Development, consistent with City Code standards.
Lighting
26. The Site Lighting Plan shall be revised for the Final Planned Development such that pole-
mounted light fixtures are not more than 30 feet in height in the parking lots on the
industrial sites, including the northwest loading area of Lot 1, Block 1. Pole-mounted
light fixtures shall not exceed 40 feet in height within the truck/trailer storage lots for
the North Industrial Development. All fixtures shall be LED and Dark Sky compliant, with
cut-offs and shields as necessary to prevent glare and light spillover to adjacent property
and public rights-of-way.
27. A minimum illumination of 0.5 footcandles shall be provided throughout all parking lots,
with an average to minimum ratio of not more than 4 footcandles.
28. Public street lighting shall comply with City standards, to be determined at the time of
Final Subdivision.
Landscaping/Tree Preservation
29. A detailed Final Landscape Plan shall be provided for each lot at the time of the Final
Planned Development, as well as for the townhome development on Outlot E, and a
financial guaranty shall be provided at the time of Final Subdivision, in accordance with
City Code provisions.
30. Designated snow storage areas shall be identified on the development plans at the time
of Final Planned Development. Snow storage areas shall not occupy required parking
stalls, and shall be located to minimize meltwater runoff over sidewalks and other
pavement and to stormwater ponds to prevent chloride contamination.
31. The applicant shall provide Conservation Easement over the identified tree preservation
areas on Outlot B and Outlot C, in a form acceptable to the City Attorney.
32. The applicant shall be responsible for required mitigation of 1,396 Category B trees. The
Developer proposes to fulfill the mitigation through the installation of 199 Category B
trees and equivalent cash dedication of $598,000 for the remaining balance in lieu of
on-site planting.
33. This project will utilize a “floating number” system for the final number of mitigation
trees required. The Tree Preservation Plan (Page C150 from plans dated 10/22/24)
serves as the baseline for this system.
34. The applicant shall continue to work with city staff to identify additional opportunities for
preservation and mitigation during the development and construction process.
35. The applicant shall submit a revised Tree Preservation Plan, with enlargements, that
show the location of tree protection fencing or other tree protective measures. Tree
protection measures must be installed at the drip line or the perimeter of the Critical
Root Zone (CRZ), whichever distance is greater. Tree protection fencing shall be orange-
colored silt fence or 4-foot polyethylene laminate safety netting. No grade change,
construction activity, or storage of materials shall occur beyond this fenced area. If this
fencing cannot be placed and maintained at the required distance, the trees will either be
considered removed, or a certified arborist must prepare a Tree Health Management Plan
outlining tree management activities to ensure their survival.
36. Per City ordinance, 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. The amount due will be calculated upon receipt of the
Final Tree Preservation Plan for each phase and collected at the time of Final Subdivision
or prior to issuance of a land disturbance permit.
37. 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.
Outdoor Storage and Trash
38. The gates across the driveways shall each have a Knox Box acceptable to the Fire
Marshal for emergency access.
39. Storage of trash and recyclables shall be provided in accordance with City Code, and
demonstrated at the time of Final Planned Development for each lot.
40. All retaining walls higher than 4 feet shall be designed and certified by a licensed
professional engineer and shall require a separate building permit.
Wetlands/Stormwater
41. Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan’s Wetland
Protection and Management Regulations (City Code Section 11.67) shall apply to the
development.
42. This development shall comply with Eagan’s regulations for wetland buffers, wetland
buffer vegetation, and conservation easement requirements, according to City Code
Section 11.67.
43. 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.
44. 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 Runoff
Rate Control and 1.1-inch Volume Control (or City-approved water quality equivalent) of
effective retention of the site’s new impervious surface area (including effective soil
remediation for all of the site’s disturbed soils that are to be revegetated).
45. Prior to receiving City approval to permit land disturbing activity, the applicant shall
provide the City with site-specific geotechnical evaluation of the sub-soils beneath the
proposed infiltration basins to verify the suitability of the existing sub-soils to infiltrate
stormwater as planned, including P200 evaluation if SM sub-soils are encountered
beneath the infiltration basins. If the geotechnical evaluations 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.
46. 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/inflows, outlets and emergency overflows and unobstructed access for inspections
and maintenance of inlets/outlets. Details for basin soil requirements shall include sub-
soil infiltration testing for the infiltration basins following City/MPCA guidelines, sub-soil
ripping of 18-inch depth minimum x 18-inch maximum spacing at over-excavation prior
to soil amendment backfilling, and appropriate soil amendment criteria. Details for
planting and stabilization requirements shall include live planting at 18-inch on-center
spacing of all basin bottom area, seeded or live-planted side-slopes, and permanent
erosion-control details for basin bottom and side-slopes, etc. These graphical details and
notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan,
Utility Plan, Details, etc.). Notes shall be provided that grading and utility contractor(s)
shall provide 24-hours advance notice to City Water Resources Staff of any grading or
utility work involving the proposed infiltration basins, including installation of all inlets
and outlets, including contact email and phone number for City Water Resources Staff.
47. During infiltration system over-excavation/sub-soil work, the applicant shall ensure that
a Professional Soil Scientist will be present to verify and document that infiltration
system sub-soils are suitable for a saturated-state infiltration rate of no less than 0.9-
inches per hour (based on 0.45-inch per hour design rate with 2x safety factor) or
greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than
0.9-inches per hour (or greater than 8.0-inch per hour), the applicant shall immediately
notify the City Engineer and revise the volume control practice(s) design and
construction as necessary (e.g. over-excavation/soil-amendment depth, under-drain with
iron-sand mounding, etc.) to ensure volume control requirements are fully met.
Verification of sub-soil infiltration testing rates shall be provided immediately to the City
of Eagan on the day of infiltration testing. The applicant shall ensure that the City Water
Resources staff is provided 24-hour advance notice of the occurrence of infiltration
verifications and also provided notice prior to any excavation and/or soil backfilling
within the infiltration practices, to arrange for inspections.
48. The applicant shall provide appropriately sized pre-treatment sump structures (e.g.
hydrodynamic separators, Site Savers, etc.) within the stormsewer network immediately
upstream of any stormwater basin and throughout the Project Nova site’s impervious
catchment areas for pre-treatment prior to Pond 1P, for collection/containment/easy
retrieval of trash/floatable debris, oil/hydrocarbons and sediment, in a manner
acceptable to the City Engineer.
49. 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 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.
50. 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 and public-private partnership permanent
stormwater management system, in a form acceptable to the City Attorney.
51. 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
(sumps, infiltration basins, wet pond, etc.), including 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.
Grading/Streets/Utilities
52. This subdivision shall dedicate the public right-of-way and any roadway easements, and
shall be accompanied by grant(s) in separate easement agreement(s) of any temporary
construction easements, necessary for the construction of the extension of Opperman
Drive, in accordance with City engineering standards for width and curvature.
53. The public watermain loop to Yankee Doodle Road, Elrene Road, and the west side of TH
149 shall be designed and installed in a manner and location acceptable to the City
Engineer.
54. All private sanitary sewer and watermain laterals and services shall be designed and
installed at sufficient depth and grade according to City of Eagan engineering standards.
55. This development shall provide hydrant spacing and locations in accordance with City
Fire Department and Public Works standards.
56. Fire hydrants within the North Industrial Development site shall be spaced and
protected by bollards to adequately cover the building and parked trailers in a manner
acceptable to the City Engineer and City Fire Marshal.
57. Fire hydrants and fire suppression system for the North Industrial Development site
shall be designed in a manner acceptable to the City Fire Marshal.
58. Domestic and fire protection water services to the North Industrial Development site
shall be designed in a manner acceptable to the City Engineer.
59. Opperman Drive shall be designed and constructed to meet City of Eagan standards and
to MnDOT State Aid standards including width, curvature and parking provisions.
60. The applicant shall provide turning Templates for Opperman Drive showing that large
trucks can travel the proposed radius without crossing lane lines.
61. Any public trails being dedicated to the city should be in new or like-new condition.
62. All trails, sidewalks, and pedestrian ramps shall be ADA compliant.
63. The applicant shall provide a contractor parking and staging plan in a manner acceptable
to the City Engineer.
Easements/Agreements/Permits
64. The applicant shall obtain a Building Permit for the demolition of the existing buildings.
65. The applicant shall obtain a separate Building Permit for the installation of any retaining
walls four feet in height or greater.
66. The applicant shall obtain a right-of-way roadway easement from Gopher Resources
(over PID 10-01300-260-12) to provide connection to Yankee Doodle Road, in a form
acceptable to the City Attorney.
67. The applicant shall upgrade the Opperman Drive railroad crossing to new or like-new
condition, and construct all street and trail crossing improvements at the railroad
crossing at the applicant’s expense.
68. The applicant shall be responsible to acquire all necessary easements, permits, and/or
agreements with other agencies (i.e. work within the Williams Pipeline Easement, street
connection to Yankee Doodle Road, street and trail connection to Trunk Highway 149,
street and trail crossings of the Soo Line Railroad, MnDOT At-Grade Rail Crossing
Agreement).
69. A centralized stormwater treatment system will be owned and maintained by the City
and the applicant shall enter into a maintenance agreement to financially participate
with ongoing maintenance of the centralized stormwater treatment system, in a form
acceptable to the City Attorney.
70. The applicant shall enter into a maintenance agreement, in a form acceptable to the City
Attorney, for the privately owned utilities serving multiple property that addresses
ownership and maintenance responsibilities with any involved properties.
71. If the AUAR concludes that off-site improvements are necessary, the applicant shall
enter into a traffic improvement escrow agreement, in a form acceptable to the city
engineer and city attorney, to provide for reimbursement of the cost of construction of
those improvements when needed for future development.
Parks and Trails
72. Through a previous land dedication, park dedication requirements were partially
satisfied for the residential components of this development, and satisfied for up to
3,800,000 square feet of industrial development.
73. The dedication of Outlot F as park land satisfies any park dedication due for industrial
development exceeding 3,800,000 square feet as shown on the approved site plan.
74. The applicant shall satisfy trail dedication requirements through the construction of
approximately 1.57 miles of public trails throughout the site within the Opperman Drive
right-of-way and including connections to the existing trails on Elrene Road and within
Wescott Station Park. Installation of these public trails fully satisfies the trail dedication
requirements for this development.
Aye: 5, Nay: 0. Motion carried.
II. NEW BUSINESS
Conditional Use Permit and Variances – Rich Products Corporation
City Administrator Miller introduced the item and invited City Planner Schultz to provide
more information. City Planner Schultz shared a location map illustrating the location of
the proposed silo and provided a summary of the proposed variance and CUP. Schultz
noted the applicant’s request was modified following issues with the original supplier,
resulting in the tank having less volume but taller.
The applicants were available for questions.
The City Council discussed the proposal, asking safety questions of the applicant. The
Council thanked the applicant for further describing the safety measures in place.
Mayor Maguire called for any members of the public to speak on the project. Hearing none,
the Mayor returned the discussion to council.
Councilmember Hansen moved and Councilmember Bakken seconded a motion to
approve a conditional use permit to allow for storage of a vertical nitrogen silo upon
property located at 1000 Apollo Rd subject to the following conditions .
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval.
2. This Conditional Use Permit allows the outdoor storage of a vertical nitrogen storage silo
as shown on the approved Site Plan dated September 27, 2024.
3. The silo shall be painted to match the existing building.
4. The applicant shall apply for a building permit for the silo.
5. The applicant shall apply for a building permit for the eight-foot fence.
6. The property owner shall submit a Planting Plan to replace the missing trees and shrubs,
and revitalize landscaping on site, suitable to the City Forester, no later than May 31,
2025. The planting plan shall be implemented within one year, corresponding with the
approval date of the CUP.
Aye: 5, Nay: 0. Motion carried.
Councilmember Fields moved and Councilmember Bakken seconded a motion to approve
a variance for the structure to exceed the height of the building upon the property located
at 1000 Apollo Rd subject to the conditions listed in the Advisory Planning Commission
minutes.
1. If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the council.
Such extension shall be requested in writing at least 30 days before expiration and shall
state facts showing a good faith attempt to complete or utilize the use permitted in the
variance.
2. This Variance allows for a nitrogen storage silo totaling 39.33 feet in height.
Aye: 5, Nay: 0. Motion carried.
Councilmember Supina moved and Councilmember Bakken seconded a motion to
approve a variance for the structure to exceed the maximum 40 ft limit for the installation
of a vertical nitrogen silo upon property located at 1000 Apollo Rd.
Aye: 5, Nay: 0. Motion carried.
ORDINANCE AMENDMENT – An Ordinance Amendment to City Code Chapter 5
regarding Viking Lakes on-sale alcohol licensing
City Administrator Miller introduced the item and indicated that on May 8, 2024 the state
legislature approved special legislation to allow the Vikings to sell alcoholic beverages and
authorized the city to issue a liquor license to MV Ventures for a site to be developed south
of the Omni Hotel legally described as Outlot A, Viking Lakes Third Addition. City
Administrator Miller noted that Matt Slaven and Steve Poppen from MV Ventures and City
Clerk VanHoose were in the audience for questions.
Mayor Maguire called for public comment on the item. Hearing none, the Mayor returned
the conversation to the Council.
Councilmember Fields moved and Councilmember Hansen seconded a motion to approve
an ordinance amendment to city code chapter 5 regarding Viking Lakes on sale liquor and
direct the publication of an Ordinance Amendment summary.
Aye: 5, Nay: 0. Motion carried.
III. OTHER BUSINESS
IV. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
V. ECONOMIC DEVELOPMENT AUTHORITY
VI. ADMINISTRATIVE AGENDA
VII. VISITORS TO BE HEARD (FOR THOSE PERSONS NOT ON THE AGENDA)
VIII. ADJOURNMENT
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn.
Aye: 5, Nay: 0. Motion carried.
The meeting was adjourned at 7:08 p.m.
_____________________________________
Date
_____________________________________
Mayor
______________________________________
City Clerk
12/17/2024