08/16/2022 - City Council RegularMINUTES OF A REGULAR MEETING OF
THE EAGAN CITY COUNCIL
Eagan, Minnesota
August 16, 2022
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Hansen, and Supina.
A regular Eagan City Council meeting was held on Tuesday, August 16, 2022, at 6:30 p.m. Present were
Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. Also present: City Administrator
Miller, Assistant City Administrator Alig, City Attorney Bauer, Community Development Director
Hutmacher, City Planner Schultz, Finance Director Feldman, and Public Works Director Matthys.
I.ADOPT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5, Nay: 0. Motion carried.
II.RECOGNITIONS AND PRESENTATIONS
RECOGNIZE Retirement of Paul Graham, Superintendent of Parks
Director Pimental spoke about the contributions of Superintendent Graham in developing the Parks &
Recreation team over his 34-year career with the City. Superintendent Graham spoke about his work in
the City and the relationships he built with staff. Graham thanked the Mayor & Council for their support
of City staff and the Parks & Recreation programs and said he looked forward to seeing the programs
continue to grow in the future. The Council thanked Superintendent Graham for his service to the
residents of Eagan.
III.CONSENT AGENDA
Councilmember Fields requested that Item I be pulled for separate action.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the balance of the
Consent agenda as presented. Aye: 5, Nay: 0. Motion carried.
A.It was recommended to approve the revised minutes of the August 1, 2022 Regular City
Council Meeting.
B.Personnel Items:
1.It was recommended to approve the hiring of Christine Currie for the position of HR
Administrative Assistant.
2.It was recommended to approve the hiring of Dino Blundetto for the position of Street
Maintenance Worker.
3.It was recommended to approve the hiring of Joshua Hoadley for the position of
Community Service Officer (CSO).
4.It was recommended to authorize the Police Department to hire an additional
Community Service Officer (CSO) and approve the hiring of Brooke Hendrickson for the
position of CSO.
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5. It was recommended to approve the hiring of Joseph Hartmann for the position of Sign
& Special Event Permit Coordinator.
6. It was recommended to approve the promotion of Anthony Lejcher from Police Officer
to Sergeant and authorize replacement.
7. It was recommended to accept the resignation of Stacee Murff, Utilities Maintenance
Worker and authorize replacement.
8. It was recommended to accept the resignation of Orayne McEachron, Utilities
Maintenance Worker and authorize replacement.
9. It was recommended to authorize replacement of Recreation Supervisor with
Recreation Programmer.
10. It was recommended to approve the hiring of the following part-time recurring and
seasonal employees:
• Luc Corno Building Attendant III
• Hannah Cavalli Guest Services ECC
• Greta Schliesman Group Fitness Instructor - Sub
C. It was recommended to ratify the check registers dated July 29, 2022 and August 5, 2022 as
presented.
D. It was recommended to approve the following ordinary and customary contracts:
1. Volleyball officiating service agreement with Metro Volleyball Officials Association for
period of September 1, 2022 through June 24, 2023.
2. Flag football officiating service agreement with Tom Wollan Sr. Football Officials for the
period of August 24, 2022 through October 26, 2022.
3. Basketball officiating service agreement with Trusted Metro Officials for period of
September 1, 2022 through June 14, 2023
4. Independent Contractor Agreement with Lynch Basketball Camps for Lynch Little
Shooters Basketball Camp at the ECC
5. Event Sponsorship Agreement with Metropolitan Pediatric Dental Associates for
sponsorship of the Halloween Trail Walk
6. Independent Contractor Agreement with Minnesota Magic, LLC for Fall Basketball
Camps at the ECC
7. Police Liaison Services Agreement Between the City Of Eagan And Independent School
District ISD #196
8. Agreement Between Fair & Impartial Policing and the City of Eagan for Training Services
and Materials
E. Item Pulled From Agenda
F. It was recommended to approve the final payment for Contract 21-04, Rahn Park
Improvements, in the amount of $46,382.48 to McNamara Contracting and accept the
improvements for perpetual City maintenance subject to warranty provisions.
G. It was recommended to approve a resolution allowing the City of Eagan to authorize a
special deer season in 2022.
H. It was recommended to adopt a resolution authorizing the Chief of Police to sign-off as the
Signatory for the City of Eagan to approve an agreement with Hennepin Technical College
for customized police training in the Pathways to Policing Cadet Program.
I. It was recommended to retire Police Canine “Loki” and transfer ownership to Officer
Anthony Lejcher for a fee of $1.00.
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J. It was recommended to approve an Extension of Variance approval to allow a 200-foot
encroachment into the 25-foot wetland buffer setback for a building addition at 4895 Dodd
Road.
K. It was recommended to direct preparation of an ordinance amendment to City Code
Chapter 11 regarding adoption of performance standards relating to electric vehicle
charging stations.
L. It was recommended to receive the Draft Final Assessment Report for Project 1409
(Eagandale Industrial Park- Street Revitalization) and schedule a public hearing to be held on
September 20, 2022.
M. It was recommended to receive the Update of the Regional Roadway System Visioning
Study, adopt a resolution accepting the recommendations and authorize the Mayor and City
Clerk to execute said resolution.
N. It was recommended to approve Project 1533 (Central Maintenance Facility – Fuel System
Upgrade) and authorize the preparation of plans and specifications.
O. It was recommended to approve a Request for Proposals for a small area plan for the Delta,
Unisys, and Argosy sites in the Central Commons Special Area.
P. It was recommended to approve a temporary on-sale liquor license and waive the license
fee for the Art Works Eagan event to be held on September 16 & 17, 2022.
Q. It was recommended to accept a grant from the Metropolitan Regional Arts Council in the
amount of $15,000 for Flexible Support for arts activities in Eagan Parks & Recreation
through June 30, 2023.
R. It was recommended to authorize staff to advertise for bids to complete an additional
women’s locker room in the police department.
S. It was recommended to approve the purchase of two Stalker Radar MC360 Speed Trailers.
Item Pulled for Separate Action:
I. RETIRE Police Canine “Loki” and transfer ownership to Officer Anthony Lejcher for a fee of
$1.00.
Mayor Maguire explained that the relationship between police officers and police dogs was special and
that it was typically the practice for the dogs to live with their assigned officer upon retirement. The
Council expressed gratitude for Loki’s service to the Police Department over the years.
Councilmember Fields moved, Councilmember Bakken seconded a motion to authorize retirement of
Police Canine “Loki” and transfer ownership to Officer Anthony Lejcher for a fee of $1.00. Aye: 5, Nay: 0;
motion carried.
IV. PUBLIC HEARINGS
VARIANCE – Oak Hills Church – Holly Burley, Vanman
Architects & Builders – 1570 Century Point
Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz provided a location map and staff report of the requested variance to
allow 37 parking stalls where 52 stalls are required. Schultz noted the applicant is seeking a variance for
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the minimum number of parking stalls with the proposed change of use from general office to coffee
shop and meeting space.
The applicant, Holly Burley with Vanman Architects & Builders, was present and addressed the Council.
Councilmember Supina inquired what amount of the building will be part of the church and how much
open to the public.
Mayor Maguire inquired about the operation of the coffee shop.
Ms. Burley stated the coffee shop will be privately owned and not operated by the church. A drive
through was evaluated but was difficult to incorporate onto the site so longer a consideration.
Mayor Maguire inquired about the commercial kitchen.
Ms. Burley noted the kitchen may not be built out right away, dependent on budget. The space could be
used for storge for the coffee shop. Once the kitchen is built it would be used by the coffee shop or the
community for who may need to prepare larger meals.
Laurel Hardgrove, 569 Spruce Circle, representing Oak Hills Church, was also present to discuss the
application. Ms. Hardgrove spoke about the public engagement that was conducted and the public’s
interest in a coffee shop.
Councilmember Fields asked about the fees to rent the meeting space.
Mrs. Hardgrove stated the fees have not been set but plan to keep the space as affordable as possible.
Councilmember Bakken expressed concern of a non-profit bringing in commercial uses and potential
property tax implications.
City Attorney Bauer stated that the question of property taxes is relevant to the variance since the
request is to make the site more commercial.
Mayor Maguire called upon Finance Director Feldman.
Director Feldman stated he reached out to the County Assessor regarding this matter and noted they
would need to review and evaluate the proposed uses of the property, but it would appear to be a
taxable operation. Staff is unsure of the class rate of the commercial property taxes, but will follow up
with Council.
Mayor Maguire inquired of the parking arrangement with the funeral home.
Ms. Burley replied that is still a possibility. It’s been a friendly agreement thus far, but a formal
agreement would require the funeral homes involvement, which would tie them to the site if the church
decided to sell it in the future. Ms. Burley noted the meeting space is largely intended for youth meeting
space, many of which are under driving age and would need to be dropped off. She added that the
variance appeared to be best option in lieu of involving [property] deeds.
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Councilmember Fields noted that crossing Yankee Doodle would be difficult, particularly in the winter.
She favored a cross parking agreement with the funeral home.
Councilmember Supina inquired how parking was calculated, are special events considered.
Ms. Burley noted that maximum occupancy is noted which limits use of the space, parking is based on
maximum occupancy.
Mayor Maguire called for members of the public to comment on the item. Hearing none, the Mayor
returned the conversation to Council for additional conversation and motion.
Councilmember Bakken stated he would prefer a formal cross parking easement for be established with
the funeral home.
Mayor Maguire and Councilmember Bakken expressed the proposal was an excellent reuse of the
property. The Mayor added he had reservations since the [coffee] vendor would likely have an incentive
to maximize business and create a higher parking demand than can be accommodated, even with
alternative parking options. Maguire added that alternate parking located across the street [Oak Hills
Church] is not a reliable option and customers may go to adjacent properties to park.
Councilmember Hansen inquired of City Attorney Bauer the legality of requiring a cross easement.
City Attorney Bauer stated this would be up to the applicant to initiate with adjacent property owners.
Councilmember Fields stated she would prefer the proposal be considered at the staff level for
alternative parking solutions and brought back for reconsideration at a later date.
The Mayor suggested an option may involve a cross parking easement with the funeral home. The
Mayor stated he may not be comfortable approving the variance without an agreement in place.
Councilmember Bakken also stated he would not be comfortable approving the variance without other
parking accommodations.
Council discussed options to delay action on the item.
Mayor Maguire called for a motion to continue the item.
Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Oak Hills
Variance discussion to the September 6 City Council meeting. Aye: 5, Nay: 0. Motion carried.
VACATION of Public Right of Way – Blue Gentian Road
Administrator Miller introduced the item and invited Public Works Director Matthys to provide
additional information. Director Matthys provided background on the request, stating the purpose
would be to vacate the right of way as it’s no longer needed as a roadway due to realignment. Staff
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believe vacation of the right of way is justified and that existing easements will allow the City to
sufficiently access and maintain utilities in the area.
Mayor Maguire called for members of the public wishing to comment on the item. Hearing none, the
Mayor returned the conversation to Council for additional conversation and motion.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and approve the vacation of a portion of right-of-way for Blue Gentian Road adjacent to the east
property line of Lot 1, Block 1, Costco Blue Gentian. Aye:5, Nay: 0. Motion carried.
V.OLD BUSINESS
INTERIM USE PERMIT – Costco/Steven Cross, Cross Engineering
Associates, Inc. – 995 Blue Gentian Road
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. Schultz referenced that the applicant was amenable to the change in application from a
Planned Development Amendment to an IUP and acknowledged the revised conditions.
Mayor Maguire called for members of the public to comment on the item. Hearing none, the Mayor
returned the conversation to Council for additional conversation and motion.
Councilmember Bakken moved, Councilmember Supina seconded a motion to approve a one-year
Interim Use Permit to allow outdoor storage of two 8-foot by 16-foot storage containers for used tires
on property located at 995 Blue Gentian Road, subject to the revised conditions listed in the staff report.
Aye: 5, Nay: 0. Motion carried.
Subject to the following conditions:
1.An Interim Use Permit shall be recorded at the Dakota County Recorder’s Office with the
following exhibit:
• Site Plan
2.The Interim Use Permit shall have a one-year term, expiring August 16, 2023.
3.Only tires may be located within the containers, and the storage containers shall be kept closed
and locked when not actively in use. The storage containers shall be removed from the property
when not needed for overflow storage that cannot safely be maintained inside the building.
4.The storage area shall be kept in a neat and orderly manner, tires shall not be kept outside of
the containers at any time.
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VI. NEW BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT,
PRELIMINARY SUBDIVISION – Jeremy Larson, Hampton Companies – 1930 Diffley Road
City Administrator Miller introduced the item and invited City Planner Schultz to provide additional
information. City Planner Schultz provided background information on the proposal. The applicant
intends to develop the western one-third of the property with a 32-unit memory care and assisted living
facility. Planner Schultz noted although the applicant did not formal request a deviation to the building
material standards, it is a similar request that was recently approved for another skilled nursing facility.
The applicant, Jeremy Larson, was present on behalf of Hampton Companies and addressed the Council.
The Mayor inquired of the building material standards in comparison to the other request.
Planner Schultz noted that the requests were similar.
Mayor Maguire inquired of the applicant of the tree screening plans for the project.
The applicant responded that standards would be met or exceeded. The trees on the southwest corner
would be preserved and one or two may need to be removed on the south side.
Councilmember Hansen inquired of the applicant use of 9-foot parking stalls despite the City’s 10-foot
standard width. The applicant responded there was not a significant reason and that they would be
open to removing stalls to allow the parking to meet width standards.
Mayor Maguire called for members of the public wishing to comment on the item. Hearing none, he
returned the discussion to Council for additional conversation and motion.
Councilmember Supina moved, Councilmember Bakken seconded a motion to implement a
Comprehensive Guide Plan Amendment to change the land use designation from Quasi Public (QP) to
Office/Service (O/S) upon approximately three acres located at 1930 Diffley Road, legally described as
Lot 1, Block 1, Christ Lutheran (to be replaced as Lot 1, Block 1, Suite Living of Eagan). Aye: 5, Nay: 0.
Motion carried.
Councilmember Supina moved, Councilmember Bakken seconded a motion to approve a Rezoning from
PF, Public Facility, to PD, Planned Development upon approximately three acres located at 1930 Diffley
Road, legally described as Lot 1, Block 1, Christ Lutheran (to be replaced as Lot 1, Block 1, Suite Living of
Eagan). Aye: 5, Nay: 0. Motion carried.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
Planned Development to allow a 32-unit assisted living and memory care facility upon approximately
three acres located at 1930 Diffley Road, legally described as Lot 1, Block 1, Christ Lutheran (to be
replaced as Lot 1, Block 1, Suite Living of Eagan), subject to the conditions listed in the APC Minutes as
well as the modification from 9-foot to 10-foot stalls. Aye: 5, Nay: 0. Motion carried.
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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 Rooftop Screening
2. A Final Planned Development Agreement shall be required prior to issuance of a Building Permit.
The following plans are required for the Final Planned Development Agreement and shall be
consistent with the approved Preliminary Planned Development:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Rooftop Screening
• Final Site Lighting Plan
• Final Signage Plan
3. The Planned Development shall have a term of three (3) years.
4. This Preliminary Planned Development approves a one-story assisted living and memory care
facility with 32 units.
5. The Site Plan shall be revised to include standard site information such as, but not limited to
parking, lot size, zoning, green space, building coverage, structure height, etc. and operational
notes shall be removed.
6. The building exterior shall conform with City Code standards which require at least two Class I
materials comprising at least 65 percent of the building and no more than 35 percent Class II
and Class III materials.
7. Revised building elevation plans with building material percentages broken out per class, shall
be provided with the Final Planned Development.
8. The trash enclosure shall be designed consistent with City Code standards in compliance with
City Code Section 11.70 Subd. 21.D.7.
9. All signage shall be subject to compliance with the City Sign Code standards, and a Sign Permit
shall be obtained prior to installation of any signs.
10. Site lighting shall be provided in conformance with City Code standards. Fixtures shall be
downcast and shielded so the source of light is not visible from off the property, illumination
throughout the parking lot should be not less than 0.5 footcandles and shall not exceed 1.0
footcandle at the property line.
11. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance
with current City standards and codes prior to final subdivision approval.
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.
13. All personnel responsible for the construction and management of erosion/ sediment control
devices, and the establishment of vegetation for the development, shall have received
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14. Erosion/Sediment Control site management certification through the University of Minnesota,
or approved equal training as determined by the City Engineer.
15. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
16. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention
and Post-Construction Stormwater Management Requirements (City Code Section 4.34) for
stormwater management and surface water quality, including land disturbance requirements,
and Runoff Rate Control and 1.1-inch Volume Control of effective retention of the site’s
impervious surface area (including effective soil remediation for all of the site’s disturbed soils
that are to be revegetated).
17. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to
the City with soil borings equally spaced within the footprint of any proposed infiltration
feature, extending a minimum of 10 feet below the bottom of the proposed infiltration
excavation with continuous sampling, to evaluate and ensure suitability for infiltration of
stormwater, including, but not limited to, depth to saturated soils and P200 analysis if SM soils
are encountered below the excavation extent. A minimum of 2 soil borings must be provided
within the footprint of the proposed Lot 1 stormwater infiltration basin. A minimum of 2 soil
borings must be provided within the footprint of the proposed Lot 2 stormwater infiltration
basin. If the soil boring logs indicate incompatibility of existing sub-soil permeability, or shallow
groundwater conflict, with the submitted and reviewed design plans for meeting volume control
requirements, the applicant shall revise the design and/or construction plans to ensure water
quality equivalent of volume control requirements are fully met for the mitigated impervious
drainage area, to the satisfaction of the City Engineer.
18. The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum
depth sump, 5-foot minimum diameter, with floatable skimmer hood) at, or immediately
upstream of, any stormwater infiltration/filtration facility inlet to provide for effective capture
and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-
treatment structures shall be accessible by appropriate maintenance equipment. Details shall be
included in applicable plan sheet(s) using Eagan Standard Detail Plate E231 for sump structures
and E236 for surface inlets.
19. Prior to receiving city approval to permit land disturbing activity, the applicant shall revise and
clarify plans to include enhanced stormwater filtration system details (e.g. Iron-Enhanced Sand
Filter) for City review/acceptance by the City Engineer and include in construction plans,
including detailed construction cross-sections and notes to include under-drain details (e.g.
cleanouts/vents), effective erosion-control protections at toe and top of side-slopes during all
stages of construction, iron-sand mix specification/composition/source and estimate mix
volume needed based on accepted calculations for majority capture of dissolved phosphorus
and minimum of 25-year service life, filtration basin surface covering, etc. for contractor to
successfully construct and protect. Basin bottom with exposed iron-sand shall not be planted,
but remainder of basin bottom shall be live-planted with appropriate species at 18-inch on-
center spacing with biodegradable netting erosion-control blanket, and seeded side-slopes with
erosion-control blanket with biodegradable netting. These graphical details and notes shall be
prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Pertinent
plan sheets shall also include notes for coordinating City Water Resources Staff inspection of
Iron-Sand Filtration during critical construction steps of over-excavation, under-drain installation
and soil-media backfilling.
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20. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of any proposed infiltration basin following MPCA Minnesota Stormwater
Manual Standards & City Engineering Standards for Infiltration/Filtration 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, 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 basin,
including installation of all inlets and outlets, including contact email and phone number for City
Water Resources Staff.
21. During infiltration system over-excavation/sub-soil work, the applicant shall ensure that a
Certified Soil Scientist will be present to verify and document that practice area sub-soils are
suitable for a saturated-state infiltration rate of no less than double the design rate (2x safety
factor) or greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than
2x the design rate (or greater than 8.0-inch per hour), the applicant shall immediately notify the
City Engineer and revise the volume control practice(s) design and construction as necessary
(e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are
fully met. Verification of sub-soil infiltration testing rates shall be provided immediately to the
City of Eagan on the day of infiltration testing. The applicant shall ensure that the City Water
Resources staff is provided 24-hour advance notice of the occurrence of infiltration verifications
and also provided notice prior to any excavation and/or soil backfilling within the infiltration
practices, to arrange for inspections.
22. 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-
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hours advance notice to City Water Resources staff prior to implementation of soil loosening
and amendment.
23. 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.
24. 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, enhanced
filtration basin, 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.
25. The removal plan shall be revised to reflect tree removals for the southern drainage basin, and
replacement trees shall be included on the landscaping plan in a manner acceptable to the City
Engineer.
26. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards, including the existing church.
27. The applicant shall enter into a private utility agreement with the church for the ownership and
maintenance of the private sanitary sewer line and any watermain that serves both properties.
28. If bituminous curb and gutter is used for the perimeter of the existing church parking lot, the
site will be subject to periodic review by city staff for adequacy of drainage and containment
purposes. The first review will occur two years following approval of this permit. If the material
is determined to be inadequate, the City will require that it be replaced with concrete curb and
gutter.
28. The applicant shall provide proof of ingress and egress easements and/or shared parking
agreements in a form acceptable to the City Attorney.
29. The sidewalk connection to the public trail along Diffley Road shall be constructed per the
approved Site Plan.
30. Rooftop mechanical equipment shall be screened around each unit comprised of building
materials similar to the principal structure.
31. Any ground mounted mechanical equipment shall be screened by a fence or wall, and/or
opaque landscaping.
32. A performance guarantee shall be required for the preservation of trees within 15 feet of the
construction zone. The performance guarantee is to be collected prior to the issuance of any
land disturbance permit.
33. The applicant shall ensure the survival of preserved trees via protection of the tree’s critical root
zones through the placement of required Tree Protective measures (i.e., orange colored silt
fence or four-foot polyethylene laminate safety netting), to be installed at the Drip Line or at the
perimeter of the Critical Root Zone, whichever is greater.
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34.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.
35.The applicant shall work with Forestry staff to provide corrected Tree Inventory and
Preservation Plans that remove the inconsistencies between the two plans.
36.This development is subject to cash park and trail dedication due with the building permit. The
2022 rate for park dedication is $1,057 per 1,000 square feet of building area, and $1,451 per
net acre for trail dedication.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary
Subdivision (Suite Living of Eagan) to create two lots upon approximately nine acres located at 1930
Diffley Road, legally described as Lot 1, Block 1, Christ Lutheran, subject to the conditions listed in the
APC minutes and the changes included in the previous Council action on the Preliminary Planned
Development. Aye: 5, Nay: 0. Motion carried.
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: B1, B2, B4, C1, C2, C4, E1, G1 and H1.
2.The property shall be platted.
3.The following plans shall be revised and submitted prior to Final Subdivision approval:
•Site Plan:
•Building Elevations
•Landscape Plan
•Rooftop Screening
•Site Lighting Plan
•Signage Plan
4.The Site Plan shall be revised to include standard site information such as, but not limited to
parking, lot size, zoning, green space, building coverage, structure height, etc. and operational
notes shall be removed.
5.The building exterior shall conform with City Code standards which require at0 least two Class I
materials comprising at least 65 percent of the building and no more than 35 percent Class II
and Class III materials.
6.Revised building elevation plans with building material percentages broken out per class, shall
be provided with the Final Planned Development.
7.The trash enclosure shall be designed consistent with City Code standards in compliance with
City Code Section 11.70 Subd. 21.D.7.
8.All signage shall be subject to compliance with the City Sign Code standards, and a Sign Permit
shall be obtained prior to installation of any signs.
9.Site lighting shall be provided in conformance with City Code standards. Fixtures shall be
downcast and shielded so the source of light is not visible from off the property, illumination
throughout the parking lot should be not less than 0.5 footcandles and shall not exceed 1.0
footcandle at the property line.
10.A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance
with current City standards and codes prior to final subdivision approval.
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August 16, 2022
Page 13
11. 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.
12. All personnel responsible for the construction and management of erosion/ sediment control
devices, and the establishment of vegetation for the development, shall have received
Erosion/Sediment Control site management certification through the University of Minnesota,
or approved equal training as determined by the City Engineer.
13. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
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, including land disturbance requirements,
and Runoff Rate Control and 1.1-inch Volume Control of effective retention of the site’s
impervious surface area (including effective soil remediation for all of the site’s disturbed soils
that are to be revegetated).
15. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to
the City with soil borings equally spaced within the footprint of any proposed infiltration
feature, extending a minimum of 10 feet below the bottom of the proposed infiltration
excavation with continuous sampling, to evaluate and ensure suitability for infiltration of
stormwater, including, but not limited to, depth to saturated soils and P200 analysis if SM soils
are encountered below the excavation extent. A minimum of 2 soil borings must be provided
within the footprint of the proposed Lot 1 stormwater infiltration basin. A minimum of 2 soil
borings must be provided within the footprint of the proposed Lot 2 stormwater infiltration
basin. If the soil boring logs indicate incompatibility of existing sub-soil permeability, or shallow
groundwater conflict, with the submitted and reviewed design plans for meeting volume control
requirements, the applicant shall revise the design and/or construction plans to ensure water
quality equivalent of volume control requirements are fully met for the mitigated impervious
drainage area, to the satisfaction of the City Engineer.
16. The applicant shall provide adequately sized pre-treatment structures (e.g. 4-foot minimum
depth sump, 5-foot minimum diameter, with floatable skimmer hood) at, or immediately
upstream of, any stormwater infiltration/filtration facility inlet to provide for effective capture
and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-
treatment structures shall be accessible by appropriate maintenance equipment. Details shall be
included in applicable plan sheet(s) using Eagan Standard Detail Plate E231 for sump structures
and E236 for surface inlets.
17. Prior to receiving city approval to permit land disturbing activity, the applicant shall revise and
clarify plans to include enhanced stormwater filtration system details (e.g. Iron-Enhanced Sand
Filter) for City review/acceptance by the City Engineer and include in construction plans,
including detailed construction cross-sections and notes to include under-drain details (e.g.
cleanouts/vents), effective erosion-control protections at toe and top of side-slopes during all
stages of construction, iron-sand mix specification/composition/source and estimate mix
volume needed based on accepted calculations for majority capture of dissolved phosphorus
and minimum of 25-year service life, filtration basin surface covering, etc. for contractor to
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August 16, 2022
Page 14
successfully construct and protect. Basin bottom with exposed iron-sand shall not be planted,
but remainder of basin bottom shall be live-planted with appropriate species at 18-inch on-
center spacing with biodegradable netting erosion-control blanket, and seeded side-slopes with
erosion-control blanket with biodegradable netting. These graphical details and notes shall be
prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Pertinent
plan sheets shall also include notes for coordinating City Water Resources Staff inspection of
Iron-Sand Filtration during critical construction steps of over-excavation, under-drain installation
and soil-media backfilling.
18. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of any proposed infiltration basin following MPCA Minnesota Stormwater
Manual Standards & City Engineering Standards for Infiltration/Filtration 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, 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 basin,
including installation of all inlets and outlets, including contact email and phone number for City
Water Resources Staff.
19. During infiltration system over-excavation/sub-soil work, the applicant shall ensure that a
Certified Soil Scientist will be present to verify and document that practice area sub-soils are
suitable for a saturated-state infiltration rate of no less than double the design rate (2x safety
factor) or greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than
2x the design rate (or greater than 8.0-inch per hour), the applicant shall immediately notify the
City Engineer and revise the volume control practice(s) design and construction as necessary
(e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are
fully met. Verification of sub-soil infiltration testing rates shall be provided immediately to the
City of Eagan on the day of infiltration testing. The applicant shall ensure that the City Water
Resources staff is provided 24-hour advance notice of the occurrence of infiltration verifications
and also provided notice prior to any excavation and/or soil backfilling within the infiltration
practices, to arrange for inspections.
20. Prior to receiving city approval to permit land disturbing activity, the property owner shall
provide detailed Soil Management Strategies in the plan set for City review, and acceptance by
the City Engineer, that provide graphical details and notes on soil protection/restoration in the
Stormwater Management Plan and prominently included in all applicable plan sheets (e.g.
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August 16, 2022
Page 15
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.
21.Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-
term stormwater management system maintenance agreement with the City, detailing the
annual inspection and maintenance required to occur to ensure proper operation and
performance of the private permanent stormwater management system, in a form acceptable
to the City Attorney.
22.Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall demonstrate that all stormwater management practices
are performing as intended and shall provide the City Engineer as-built plans meeting City
requirements for as-built standard submittals that demonstrate that all constructed stormwater
conveyance structures, stormwater management facilities (sumps, infiltration basin, enhanced
filtration basin, 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.
23.The removal plan shall be revised to reflect tree removals for the southern drainage basin, and
replacement trees shall be included on the landscaping plan in a manner acceptable to the City
Engineer.
24.This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards, including the existing church.
25.The applicant shall enter into a private utility agreement with the church for the ownership and
maintenance of the private sanitary sewer line and any watermain that serves both properties.
26.B. If bituminous curb and gutter is used for the perimeter of the existing church parking lot, the
site will be subject to periodic review by city staff for adequacy of drainage and containment
purposes. The first review will occur two years following approval of this permit. If the material
is determined to be inadequate, the City will require that it be replaced with concrete curb and
gutter.
27.The applicant shall provide proof of ingress and egress easements and/or shared parking
agreements in a form acceptable to the City Attorney.
28.The sidewalk connection to the public trail along Diffley Road shall be constructed per the
approved Site Plan.
29.Rooftop mechanical equipment shall be screened around each unit comprised of building
materials similar to the principal structure.
30.Any ground mounted mechanical equipment shall be screened by a fence or wall, and/or
opaque landscaping.
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August 16, 2022
Page 16
31.A performance guarantee shall be required for the preservation of trees within 15 feet of the
construction zone. The performance guarantee is to be collected prior to the issuance of any
land disturbance permit.
32.The applicant shall ensure the survival of preserved trees via protection of the tree’s critical root
zones through the placement of required Tree Protective measures (i.e., orange colored silt
fence or four-foot polyethylene laminate safety netting), to be installed at the Drip Line or at the
perimeter of the Critical Root Zone, whichever is greater.
33.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.
34.The applicant shall work with Forestry staff to provide corrected Tree Inventory and
Preservation Plans that remove the inconsistencies between the two plans.
35.This development is subject to cash park and trail dedication due with the building permit. The
2022 rate for park dedication is $1,057 per 1,000 square feet of building area, and $1,451 per
net acre for trail dedication.
VII.LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
VIII.ECONOMIC DEVELOPMENT AUTHORITY
There were no EDA items.
IX.ADMINISTRATIVE AGENDA
There were no items for the Administrative Agenda.
X.VISITORS TO BE HEARD
There were no visitors to be heard.
XI.ADJOURNMENT
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn. Aye: 5, Nay: 0.
Motion carried. The meeting was adjourned at 8:13 p.m.
______________________
Date
______________________
Mayor
______________________
City Clerk
October 4, 2022