Loading...
05/06/2025 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 6, 2025 6:30 PM 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, May 6, 2025 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen and Supina. Also present: City Administrator Miller, City Attorney Bauer, Public Works Director Matthys, City Planner Schultz, Community Development Director Hutmacher. II. ADOPT AGENDA Councilmember Fields moved; Councilmember Supina 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 Fields seconded a motion to approve the Consent Agenda. Aye: 5, Nay:0. Motion carried. A. It was recommended to APPROVE Minutes for the following City council Meeting minutes: • April 15, 2025 Regular City Council Meeting Minutes B. It was recommended to APPROVE Check Registers dated April 15, 2025. C. It was recommended to APPROVE the following contracts: • Sponsorship agreement with Kindercare for the Big Rig Rally on Thursday, May 29, 2025 • In-Kind Sponsorship Agreement with Costco for 2025 Holz Farm Events and Bow- Wow-A-Rama • Sponsorship Agreement with All Energy Solar for Eagan Food Truck Festival on August 8, 2025 • Vendor Agreement with Everett Smithson on June 24, 2025 • Marketing and Video Services Agreement with the City of Eagan and Dakota911 • Water Quality Cost Share, Operation and Maintenance Agreement with Penny Ann Anderson for water quality improvements at 1672 Oakbrooke Circle at Public Waterbody BP-35.2 City Council Meeting Minutes May 6, 2025 Page 2 • Water Quality Cost Share, Operation and Maintenance Agreement with the Church of St. Thomas Becket for water quality improvements at 4455 Robert Trail at Hay Lake D. It was recommended to APPROVE a Temporary On-Sale Beer License for the Eagan Boys Hockey Booster Club E. It was recommended to APPROVE a Temporary On-Sale Beer License and Waive the Fee for the Friend of the Farm F. This item was removed from the Agenda G. It was recommended to APPROVE a Premises Permit and ADOPT a Resolution for Osman Shriners to Conduct Lawful Gambling at Lost Spur Golf and Event Center H. It was recommended to APPROVE a Resolution for Abandoned and Unclaimed Tangible Property and Authorize Sale I. It was recommended to APPROVE Action to Not Waive the Monetary Limits on Municipal Tort Liability J. It was recommended to DECLARE Miscellaneous City Property as Surplus K. It was recommended to WAIVE license, and permit fees and APPROVE a Temporary Beer License for Eagan Athletic Association to provide alcohol service at the Eagan Food Truck Festival L. It was recommended to APPROVE a resolution authorizing a phased development plan for the allocation of Sewer Availability Charge (SAC) units from demolitions on the 179-acre Thomson Reuters redevelopment area M. It was recommended to APPROVE an extension of Global Specialties Conditional Use Permit N. It was recommended to PROCLAIM May 18-24, 2025 as Public Works Week O. It was recommended to PROCLAIM July 2025 as Lakes Appreciation Month P. It was recommended to APPROVE Final Payment, Contract 24-20, Large Diameter Sewer CCTV – Area 3 Q. This item was pulled from the Agenda R. It was recommended to APPROVE Declaration of Minimum Maintenance Road – Hilldale Terrace S. It was recommended to APPROVE Change Order 1, Contract 25-10, Argenta Trail Reconstruction T. It was recommended to APPROVE Trail Easement for Veterans Memorial Greenway U. It was recommended to AMEND the 2025 Equipment Revolving Fund CIP (Capital Improvement Plan) by $11,212.00 to purchase a new Fire Gear Washer/Extractor V. There were no personnel items. W. It was recommended to ADOPT Resolution to Accept Donations V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS City Council Meeting Minutes May 6, 2025 Page 3 A. COMPREHENSIVE GUIDE PLAN AMENDMENT- Eagan Hope and Wellness / Dan O’Mara- mjStudio Architects, LLC- A Comprehensive Guide Plan Amendment from QP, Quasi Public to RC, Retail Commercial located at 1581 Century Pointe. City Administrator Miller introduced the item and invited City Planner Schultz to provide additional details and a location map. Mr. Schultz presented the applicant’s proposal, which included a site map and floor plan. He noted that the Advisory Planning Commission (APC) reviewed the proposal and recommended approval. A consultant for the applicant was present and available to answer questions. Mayor Maguire clarified the action was to direct staff to submit the Comprehensive Guide Plan Amendment to the Metropolitan Council and noted the proposal [for a residential program facility] would be considered at a future public hearing. Councilmember Bakken moved and Councilmember Supina seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from Quasi Public (QP) to Retail Commercial (RC) upon approximately 0.60 acres located at 1581 Century Pointe. Aye: 5; Nay: 0. Motion Carried B. PLANNED DEVELOPMENT AMENDMENT and PRELIMINARY SUBDIVISION - Project Vanderbilt / West Publishing 10th Addition - Ryan Companies / Peter Fitzgerald - A Planned Development Amendment to modify the site plan and allow building renovations and site improvements for the existing data center and a Preliminary Subdivision to create one lot and an outlot located at Outlot A, West Publishing Company 8th Addition. City Administrator Miller introduced the item and invited City Planner Schultz to provide additional details. Planner Schultz provided a location map and planning report regarding the project. Peter Fitzgerald from Ryan Companies and two representatives from Project Vanderbilt were present and available to answer questions from Council. A brief discussion ensued regarding the intended use and operation of the data center. Mayor Maguire opened the public hearing and called for any residents wishing to speak on any of the project. There being no further public comment, the mayor closed the public hearing and turned the discussion back to Council. Councilmember Supina inquired if cross-access easements are needed. City Planner Schultz confirmed cross-access easements are planned. City Council Meeting Minutes May 6, 2025 Page 4 Councilmember Bakken moved and Councilmember Fields seconded a motion to approve a Planned Development Amendment to modify the site plan and allow building renovations and site improvements for an existing data center upon approximately 40.57 acres located south of Opperman Drive west of State Highway 149, subject to the conditions listed in the Advisory Planning Commission minutes. 1. The applicant shall execute a Planned Development Amendment Agreement which shall contain the following plans. • Site Plan • Building Elevations • Landscape Plan • Tree Preservation Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan 3. The property shall be platted. 4. The trash enclosure shall be constructed of brick to match the building, and the brick and metal gates shall match the color scheme of the principal structure. 5. A Final Site Lighting Plan is required at the time of Final Planned Development. Tree Preservation 6. The applicant shall fulfill the required tree mitigation of 58 Category B trees through a cash dedication in lieu of planting. The cash dedication equivalent is $29,000 and shall be provided at the time of final subdivision. 7. The remaining required mitigation for Outlot A is 174 Category B Trees, and the mitigation values will be assigned, by acreage, at the time of subdivision for each additional lot. 8. The developer shall ensure the survival of preserved trees via protection of the tree’s critical root zones through the placement of required Tree Protective measures (i.e., orange colored silt fence or 4-foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. City Council Meeting Minutes May 6, 2025 Page 5 9. The developer 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. Storm Drainage 10. Storm sewer crossing water main and services shall be of material approved in the Minnesota Building Code or approved by the City’s Chief Building Inspector. Stormwater Management/Water Quality 11. 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. 12. 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. 13. 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. 14. 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. 15. The applicant shall provide appropriately sized pre-treatment sump structures (e.g. sump structures with floatable skimmer hood, etc.) within the storm sewer network throughout the Project Vanderbilt site’s impervious catchment areas for effective pre- treatment prior to discharge off the parcel, for collection/containment/easy retrieval of trash/floatable debris, oil/hydrocarbons and sediment, to the satisfaction of the City Engineer. 16. 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 City Council Meeting Minutes May 6, 2025 Page 6 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. 17. 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 (e.g. sump structures), in a form acceptable to the City Attorney. 18. 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 (e.g. pre-treatment sump structures with floatables containment), 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 accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. Streets/ Access/ Transportaion 19. The applicant shall provide an ingress and egress agreement for the private access roadway in a manner acceptable to the City Attorney. Easements/ Right-of-way/ Permits 20. The applicant shall apply for a City building permit. 21. The applicant shall apply for a City sewer and water permit for the proposed utility changes. Parks and Recreation 22. Park and trail dedications were previously satisfied. City Council Meeting Minutes May 6, 2025 Page 7 Aye:5, Nay:0; Motion Carried Councilmember Bakken moved and Councilmember Fields seconded a motion to approve a Preliminary Subdivision (West Publishing Company 10th Addition) to create one lot and one outlot upon approximately 40.57 acres located west of Highway 149 and south of Opperman Drive, legally described as Outlot A, West Publishing Company 8th Addition, subject to the conditions listed in the Advisory Planning Commission minutes. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: A1, B1, C1, C2, C4, E1, G1, H1, I1, K1, and L1. 2. The property shall be platted. 3. The trash enclosure shall be constructed of brick to match the building, and the brick and metal gates shall match the color scheme of the principal structure. 4. A Final Site Lighting Plan is required at the time of Final Planned Development for each building. Tree Preservation 5. The applicant shall fulfill the required tree mitigation of 58 Category B trees through a cash dedication in lieu of planting. The cash dedication equivalent is $29,000 and shall be provided at the time of final subdivision. 6. The remaining required mitigation for Outlot A is 174 Category B Trees, and the mitigation values will be assigned, by acreage, at the time of subdivision for each additional lot. 7. The developer shall ensure the survival of preserved trees via protection of the tree’s critical root zones through the placement of required Tree Protective measures (i.e., orange colored silt fence or 4-foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 8. The developer 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. Storm Sewer City Council Meeting Minutes May 6, 2025 Page 8 9. Storm sewer crossing water main and services shall be of material approved in the Minnesota Building Code or approved by the City’s Chief Building Inspector. Stormwater Management/Water Quality 10. 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. 11. 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. 12. 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. 13. 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. 14. The applicant shall provide appropriately sized pre-treatment sump structures (e.g. sump structures with floatable skimmer hood, etc.) within the storm sewer network throughout the Project Vanderbilt site’s impervious catchment areas for effective pre- treatment prior to discharge off of the parcel, for collection/containment/easy retrieval of trash/floatable debris, oil/hydrocarbons and sediment, to the satisfaction of the City Engineer. 15. 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 City Council Meeting Minutes May 6, 2025 Page 9 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. 16. 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 (e.g. sump structures), in a form acceptable to the City Attorney. 17. 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 (e.g. pre-treatment sump structures with floatables containment), 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. Streets/ Access/ Transportation 18. The applicant shall provide an ingress and egress agreement for the private access roadway in a manner acceptable to the City Attorney. Easements/ Right-of-way/ Permits 19. The applicant shall apply for a City building permit. 20. The applicant shall apply for a City sewer and water permit for the proposed utility changes. Parks and Recreation 21. Park and trail dedications were previously satisfied. Aye:5, Nay:0; Motion Carried C. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING and PRELIMINARY PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION – Metcalf Park - Paul Heuer/ Pulte Group - Comprehensive Guide Plan Amendment to change the land use designation from City Council Meeting Minutes May 6, 2025 Page 10 Quasi Public (QP) to Medium Density (MD), a Rezoning from PF, Public Facility to PD, Planned Development, a Preliminary Planned Development to allow 245 multi-family apartment units, 66 multi-family senior cooperative units, 97 townhome units, and 42 villa style twin home units and a Preliminary Subdivision to create 141 lots and four outlots located at 2250 Diffley Road. City Administrator Miller introduced the item and invited City Planner Schultz to provide additional details. City Planner Schultz presented a brief history of the project, along with a location map and other relevant materials. He noted that the proposed development appears to meet City ordinance requirements for private recreation space. He also highlighted that noise levels from Trunk Highway 77 are likely to exceed acceptable thresholds for residential areas. As a result, City Code requires a noise abatement plan to be submitted for the project. Citing a cross-section illustrating the elevation differences of existing topography and vegetation, the project may meet noise abatement requirements through natural features already present. Staff noted that the developer originally associated with the multifamily component in the northeast quadrant has withdrawn and is no longer involved in the proposal. However, Pulte will continue as the master developer, along with Lifestyle Communities, and will proceed with the development. Schultz noted the additional conditions to be added to address emergency access. Paul Heuer of Pulte Homes and Ben Landhauser of Lifestyle Communities provided a presentation outlining the plan, project goals, traffic study findings, Environmental Assessment Worksheet (EAW) results, traffic noise assessment, and continued discussions with residents regarding the memorial trees. Mr. Heuer noted Pulte will reevaluate tree removal along the south edge of the property in response to a resident email. Discussion pursued regarding Councilmember inquiries on recreational opportunities within the development, public trail access and future trail connectivity. Mayor Maguire inquired about the traffic study and impact to the State Highway 13 and Diffley Road intersection. Director Matthys noted the County has nothing within its 5-year CIP for future improvements but noted the County’s intended future improvements. Councilmember Bakken inquired about the City owned right-of-way abutting the border with Burnsville and the right-of-way that served as trail access to the school. Director Matthys addressed both inquiries. Mayor Maguire opened the public hearing and called for any residents wishing to speak on any of the project. There being no further public comment, the mayor closed the public hearing and turned the discussion back to Council. City Council Meeting Minutes May 6, 2025 Page 11 Councilmember Hansen moved and Councilmember Fields seconded motion to implement a Comprehensive Guide Plan Amendment to change the land use designation from Quasi Public (QP) to Medium Density (MD), High Density (HD), and Parks/Open Space and Recreation (P). Aye:4, Nay:1 (Bakken); Motion Carried Councilmember Fields moved and Councilmember Supina seconded a motion to approve a Rezoning from Public Facility (PF), to Planned Development (PD), upon approximately 34.5 acres located at 2250 Diffley Road. Aye:5, Nay:0; Motion Carried Councilmember Supina moved and Councilmember Fields seconded a motion approve (or direct preparation of Findings of Fact for Denial) a Preliminary Planned Development to allow 245 multi-family apartment units, 66 multi-family senior cooperative units, 97 townhome units, and 42 villa style twin home units upon approximately 34.5 acres located at 2250 Diffley Road, subject to the following conditions (including two additional conditions noted in cover memo): 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. The following plans shall be revised and submitted as Master Development Plans prior to Final Subdivision and Final Planned Development approval. • Preliminary Site Plan • Preliminary Building Elevation Plans • Preliminary Landscape Plan • Preliminary Site Lighting Plan 2. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved master plans for the Preliminary Planned Development. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 3. The property shall be platted. 4. Outlot A, the city park parcel, shall be designated as a lot rather than an outlot on the final plat, before conveyance to the City. City Council Meeting Minutes May 6, 2025 Page 12 5. The applicant shall convey Outlot A, the park dedication parcel, 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. 6. The applicant shall provide a noise study to demonstrate compliance with State Statutes at the time of Final Planned Development. 7. The Planned Development shall have a term of five years. 8. The parking lots serving the apartments on Lot 1, Block 1, shall be redesigned to provide the minimum 24-foot wide drive aisle. 9. The private streets within the townhome and twinhome developments shall be signed “no parking fire lane” along one side. 10. All mechanical equipment shall be screened in accordance with the provisions of the City’s zoning code. 11. Rooftop equipment and method of screening shall be shown on the Building Elevations at the time of Final Planned Development. 12. Any ground mounted equipment shall be shown on the Site Plan and screened by a fence or wall, and/or opaque landscaping. 13. On-site recreation space shall be provided consistent with the Preliminary Planned Development plans. The recreation space shall be identified at the time each Final Planned Development, with the space and amenities shown on the submitted final plans. 14. The applicant shall provide a shared use and maintenance agreement for the shared amenity spaces at the time of Final Subdivision. 15. Supplemental storage space shall be provided in compliance with City Code and compliance shall be demonstrated at the time of Final Planned Development. This storage space shall be identified and quantified on the floor plans for the apartments and senior cooperative. For the townhomes, dimensions for the garages shall be provided to show parking for at least one vehicle plus a minimum of 150 cubic feet of other storage space can be accommodated for each unit. 16. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. City Council Meeting Minutes May 6, 2025 Page 13 17. A revised Landscape Plan shall be provided for the Final Planned Development that includes this additional detail, as well as landscape valuation, planting specifications and notes and irrigation, per City Code standards. 18. The applicant shall protect the preserved trees’ critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4-foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 19. Per ordinance, the applicant shall ensure the survival of preserved trees via a Performance Guarantee of $19,025 for trees within fifteen feet of the construction zone. 20. 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. 21. A revised site lighting plan shall be provided at the time of Final Planned Development, showing light levels of not less than 0.5 footcandles within the parking lots, and consistent street lighting throughout the development. 22. 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. 23. 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). Peak discharge rates shall not exceed existing peak condition flow rates for 2, 10, 100-year 24-hour storm events, including the Southwest drainage area. 24. 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 City Council Meeting Minutes May 6, 2025 Page 14 stormwater as planned, including P200 evaluation if SM sub-soils are encountered beneath the infiltration basins and shallow groundwater evaluation. 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. 25. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration basin following MPCA Minnesota Stormwater Manual Standards & 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 basin following City/MPCA guidelines, sub-soil ripping of 18-inch depth minimum x 18-inch maximum spacing at over-excavation prior to soil amendment backfilling, and appropriate soil amendment criteria. Details for planting and stabilization requirements shall include live planting at 18-inch on-center spacing of all basin bottom area, seeded or live-planted side-slopes, and permanent erosion-control details for basin bottom and side-slopes, etc. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, Details, etc.). Notes shall be provided that grading and utility contractor(s) shall provide 24- hours advance notice to City Water Resources Staff of any grading or utility work involving the proposed infiltration basin and wet pond, including installation of all inlets and outlets, including contact email and phone number for City Water Resources Staff. 26. During infiltration system over-excavation/sub-soil work, the applicant shall ensure that a Professional Soil Scientist will be present to verify and document that 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 City Council Meeting Minutes May 6, 2025 Page 15 verifications and also provided notice prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. 27. The applicant shall provide appropriately sized pre-treatment sump structures (e.g. using sump sizing guidelines in City Detail 231, with floatable skimmer hood, energy dissipation, etc.) immediately upstream of any stormwater basin inlet to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate 231. 28. 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. 29. 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. 30. 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 basin, 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. City Council Meeting Minutes May 6, 2025 Page 16 31. All private streets, drainage systems, utilities, and public utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 32. The applicant shall provide a construction staging and parking plan in a manner acceptable to the City Engineer. 33. Private utility maintenance agreements for the private utilities shall be provided in a form acceptable to the City Attorney. 34. The utility plans for all “public utilities” shall show profile views in accordance with the City engineering standards. 35. This development shall dedicate public utility easement over the public watermain at a minimum width of 20-feet, in a manner acceptable to the City Engineer and City Attorney. 36. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 37. This development shall provide a fire hydrant within 100 feet of the fire department connection to the apartment building (Lot 1 Block 1) and the Cooperative building (Lot 1 Block 2). 38. The applicant shall coordinate design of standpipes and wall-hydrants for the proposed apartment building and Cooperative building with the City Fire Marshall. 39. The applicant shall provide a continuous public trail from the southwest corner of the site to the public trail along Diffley Road. 40. The applicant shall dedicate a public trail easement of sufficient size over the public trail in a manner acceptable to the City Attorney. 41. The applicant shall obtain a separate building permit for the construction of the retaining wall east of Outlot B. 42. All retaining walls shall be located outside of drainage and utility easements. 43. The applicant shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. City Council Meeting Minutes May 6, 2025 Page 17 44. The applicant shall provide private maintenance agreements for the private streets, trails, and sidewalks, in a form acceptable to the City Attorney, at time of final subdivision approval. 45. The applicant shall be responsible for all restoration and repairs to pavements, boulevards, and curb and gutter disturbed by construction operations in a manner acceptable to the City Engineer. 46. The applicant shall design and construct public trails and sidewalks in accordance with City standards and details and in a manner acceptable to the City Engineer. 47. This development shall accept its additional financial obligations as defined in the staff’s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval or building permit. 48. A plan for the memorial feature shall be provided at the time of Final Planned Development, and the memorial shall be located on private property with the location identified on the Final Site Plan. 49. The applicant shall demonstrate sufficient recycling capacity for both the co-op and apartment buildings at the time of Final Planned Development. 50. Lot 1, Block 1 shall be limited to the use, building type and height, number of dwelling units, and setbacks as illustrated on the approved site plan. Any substantive changes to these elements will require an amendment to the Preliminary Planned Development 51. Prior to issuance of the first Certificate of Occupancy for either the twinhomes or townhomes, the applicant shall construct a secondary access drive from Diffley Road connecting to the southerly roundabout as shown on the Preliminary Planned Development. The design of the access drive must meet H-20 load standards and be approved by the City Fire Marshal. Aye:5, Nay:0; Motion Carried Councilmember Hansen moved and Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Metcalf Park) to create 141 lots and 4 outlots upon approximately 34.5 acres located at 2250 Diffley Road, subject to the following conditions. 1. The applicant shall comply with these standard conditions of plat approval as adopted by Council on July 1, 2014: A1, B2, B3, C1, C2, C4, E1, F1, G1, H1, and L1 2. The property shall be platted. City Council Meeting Minutes May 6, 2025 Page 18 3. Outlot A, the city park dedication parcel shall be designated as a lot rather than an outlot on the final plat, before conveyance to the City. 4. The applicant shall convey Outlot A, the park dedication parcel, 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. 5. The applicant shall provide a noise study to demonstrate compliance with State Statutes at the time of Final Planned Development. 6. The Planned Development shall have a term of five years. 7. The parking lots serving the apartments on Lot 1, Block 1, shall be redesigned to provide the minimum 24-foot wide drive aisle. 8. The private streets within the townhome and twinhome developments shall be signed “no parking fire lane” along one side. 9. All mechanical equipment shall be screened in accordance with the provisions of the City’s zoning code. 10. Rooftop equipment and method of screening shall be shown on the Building Elevations at the time of Final Planned Development. 11. Any ground mounted equipment shall be shown on the Site Plan and screened by a fence or wall, and/or opaque landscaping. 12. On-site recreation space shall be provided consistent with the Preliminary Planned Development plans. The recreation space shall be identified at the time each Final Planned Development, with the space and amenities shown on the submitted final plans. 13. The applicant shall provide a shared use and maintenance agreement for the shared amenity spaces at the time of Final Subdivision. 14. Supplemental storage space shall be provided in compliance with City Code and compliance shall be demonstrated at the time of Final Planned Development. This storage space shall be identified and quantified on the floor plans for the apartments and senior cooperative. For the townhomes, dimensions for the garages shall be provided to show parking for at least one vehicle plus a minimum of 150 cubic feet of other storage space can be accommodated for each unit. City Council Meeting Minutes May 6, 2025 Page 19 15. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 16. A revised Landscape Plan shall be provided for the Final Planned Development that includes this additional detail, as well as landscape valuation, planting specifications and notes and irrigation, per City Code standards. 17. The applicant shall protect the preserved trees’ critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 18. Per ordinance, the applicant shall ensure the survival of preserved trees via a Performance Guarantee of $19,025 for trees within fifteen feet (15’) 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 the Tree Protection Fencing. 20. A revised site lighting plan shall be provided at the time of Final Planned Development, showing light levels of not less than 0.5 footcandles within the parking lots, and consistent street lighting throughout the development. 21. 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. 22. 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). Peak discharge rates shall not exceed existing peak condition flow rates for 2, 10, 100-year 24-hour storm events, including the Southwest drainage area. City Council Meeting Minutes May 6, 2025 Page 20 23. 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 and shallow groundwater evaluation. 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. 24. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration basin following MPCA Minnesota Stormwater Manual Standards & City Engineering Standards for Infiltration Basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-sections, construction/protection/inspection notes, infrastructure components involved, sub-soil testing/loosening, soil media specifics, and planting/stabilization specifics, to ensure infiltration practices are properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained to function as intended. Infrastructure details shall be included for stable inlets/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 basin following City/MPCA guidelines, sub-soil ripping of 18-inch depth minimum x 18-inch maximum spacing at over-excavation prior to soil amendment backfilling, and appropriate soil amendment criteria. Details for planting and stabilization requirements shall include live planting at 18-inch on-center spacing of all basin bottom area, seeded or live-planted side-slopes, and permanent erosion-control details for basin bottom and side-slopes, etc. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, Details, etc.). Notes shall be provided that grading and utility contractor(s) shall provide 24-hours advance notice to City Water Resources Staff of any grading or utility work involving the proposed infiltration basin and wet pond, including installation of all inlets and outlets, including contact email and phone number for City Water Resources Staff. 25. 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 City Council Meeting Minutes May 6, 2025 Page 21 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. 26. The applicant shall provide appropriately sized pre-treatment sump structures (e.g. using sump sizing guidelines in City Detail 231, with floatable skimmer hood, energy dissipation, etc.) immediately upstream of any stormwater basin inlet to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate 231. 27. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & 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. 28. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. 29. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans meeting City requirements for as-built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basin, 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 City Council Meeting Minutes May 6, 2025 Page 22 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. 30. All private streets, drainage systems, utilities, and public utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 31. The applicant shall provide a construction staging and parking plan in a manner acceptable to the City Engineer. 32. Private utility maintenance agreements for the private utilities shall be provided in a form acceptable to the City Attorney. 33. The utility plans for all“public utilities” shall show profile views in accordance with the City engineering standards. 34. This development shall dedicate public utility easement over the public watermain at a minimum width of 20-feet, in a manner acceptable to the City Engineer and City Attorney. 35. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 36. This development shall provide a fire hydrant within 100-feet of the fire department connection to the apartment building (Lot 1 Block 1) and the Cooperative building (Lot 1 Block 2) 37. The applicant shall coordinate design of standpipes and wall-hydrants for the proposed apartment building and Cooperative building with the City Fire Marshall. 38. The applicant shall provide a continuous public trail from the southwest corner of the site to the public trails along Diffley Road. 39. The applicant shall dedicate a public trail easement of sufficient size over the public trail in a manner acceptable to the City Attorney. 40. The applicant shall obtain a separate building permit for the construction of the retaining wall east of Outlot B. 41. All retaining walls shall be located outside of drainage and utility easements. City Council Meeting Minutes May 6, 2025 Page 23 42. The applicant shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. 43. The applicant shall provide private maintenance agreements for the private streets, trails, and sidewalks, in a form acceptable to the City Attorney, at time of final subdivision approval. 44. The applicant shall be responsible for all restoration and repairs to pavements, boulevards, and curb and gutter disturbed by construction operations in a manner acceptable to the City Engineer. 45. The applicant shall design and construct public trails and sidewalks in accordance with City standards and details and in a manner acceptable to the City Engineer. 46. This development shall accept its additional financial obligations as defined in the staff’s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval or building permit. 47. A plan for the memorial feature shall be provided at the time of Final Planned Development, and the memorial shall be located on private property with the location identified on the Final Site Plan. 48. The applicant shall demonstrate sufficient recycling capacity for both the co-op and apartment buildings at time of Final Planned Development. Aye:5, Nay:0; Motion Carried D. ORDINANCE AMENDMENT revising Eagan City Code Chapter 10.21 (Planting and maintenance of trees and grass on private property) City Administrator Miller introduced the item and invited Community Development Director Hutmacher to provide additional details and a presentation. Director Hutmacher presented information regarding the City Code related to natural managed landscapes. She explained that the current code is not consistent with 2023 state legislation and that amended ordinance language had been drafted to bring the code into compliance. The Council discussed the ordinance amendment and asked questions about invasive plants, nuisance weeds, and enforcement. Councilmember Supina and Councilmember Hansen seconded a motion to approve the ordinance amendment revising Eagan City Code Chapter 10.21 (Planting and maintenance of trees and grass on private property). City Council Meeting Minutes May 6, 2025 Page 24 E. ORDINANCE AMENDMENT – An Ordinance Amendment to City Code Chapter 5 Regarding On-Site Gambling City Administrator Miller introduced the item and noted that Assistant City Administrator Alig was present in the audience and available to answer questions. Mayor Maguire opened the public hearing and called for any residents wishing to speak on any of the project. There being no further public comment, the mayor closed the public hearing and turned the discussion back to Council. Councilmember Bakken moved and Councilmember Supina seconded a motion to approve ordinance amendment to City Code Chapter 5 to update Gambling regulations to follow State Statute. Aye:5, Nay:0; Motion Carried F. ORDINANCE REPEAL – An Ordinance Repeal to City Code Chapter 6 Regarding Mechanical Amusement Devices City Administrator Miller introduced the item and noted that Assistant City Administrator Alig was present in the audience and available to answer questions. Mayor Maguire opened the public hearing and called for any residents wishing to speak on any of the project. There being no further public comment, the mayor closed the public hearing and turned the discussion back to Council. Councilmember Fields moved and Councilmember Bakken seconded a motion to approve the repeal of an ordinance in City Code Chapter 6, Sec, 6.30 related to Mechanical Amusement Devices Aye:5, Nay:0; Motion Carried VIII. OTHER BUSINESS No other business. VIIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY XI. ADMINISTRATIVE AGENDA City Council Meeting Minutes May 6, 2025 Page 25 A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development 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 8:04 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk 07/01/2025