Loading...
03/04/1996 - City Council Regular 00062 MINUTES OF A REGULAR MEETING OF THE • EAGAN CITY COUNCIL Eagan, Minnesota March 4, 1996 A regular meeting of the Eagan City Council was held on Monday, March 4, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. I.GJ NDA ...................... ...................... Administrator Hedges noted an addition to Personnel Items,that being the resignation of Walker Lee Ashley. Wachter moved, Masin seconded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 NUNVIXOFOFFPRIARTV1990.0ggiAkiMEPRO Councilmember Awada indicated she will be abstaining on this vote because she wasn't present for most of the meeting. Councilmember Masin noted a correction on page 1, under hydrant use policy, to state that people couldn't use the hydrant to water the trees. Hunter moved, Wachter seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilmember Awada abstained.) Oi»PART ABNT . :BUSINESS Hunter moved, Wachter seconded a motion to ratify the election of Mark Adam as the Night Battalion Chief for the Eagan Fire Department. Aye: 5 Nay: 0 Councilmember Masin thanked Dorothy Peterson and Paula Nowariak of the Parks and Recreation • Department for attending the Youth Summit. i [SEN'f:!AGENDA In regard to Item F, Contract 96-10,Councilmember Wachter questioned whether there have been any innovations to preserve the steel used in bridges. Director of Public Works Colbert wasn't aware of any. In regard to Item H, Contract 96-02,Councilmember Wachter noted that the cost estimate is 44% over the estimate. He questioned whether the city should go ahead with this. Director of Public Works Colbert indicated staff questioned it also, and gave an explanation as to why the costs came in higher than expected and how the project can be modified to recover some of the overage. He indicated he spoke with the consulting engineer to see whether it would be beneficial to rebid the project,and the engineer indicated that this project is already one month behind schedule and rebidding the project would delay the project another month. They would like to have this well on-line for this summer's sprinkling season, so it was felt it would be in the best interest of the city to award the contract for the alternate water main construction, and come back with a change order to make modifications to the water main. A. Personnel Items Item 1. It was recommended to approve the hiring of Kimberly DeReus as a part-time seasonal Program Assistant for the Parks and Recreation Department. Item 2. It was recommended to accept the resignation of Walker Lee Ashley, Youth Development Coordinator. B. Approve 1995 General Fund Budget Adjustments. It was recommended to approve the 1995 General Fund budget adjustments as presented. • C. Approve 1995-1996 D.A.R.E. and Police Liaison Service Agreement with School District #196. It was recommended to approve the agreement with School District #196 as presented. 00063 • EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 PAGE 2 D. Set Public Hearing for Industrial Facilities Development Project._L.LP./Master Mechanical. Inc. It was recommended to approve the resolution setting the public hearing for industrial facilities development project for LL.P./Master Mechanical, Inc. 96.17 E. Change Orders. Municipal Center Expansion. It was recommended to approve change orders in the amount of$10,323.69 as presented. F. Contract 96-10. Yankee Doodle Road Bridge Widening. It was recommended to approve the plans for Contract 96-10 and authorize advertisement for a bid opening to be held at 11:00 a.m. on March 29, 1996. G. Contract 96-05. Northridge Drive and Poppler Lane. It was recommended to approve the plans for Contract 96-05 and authorize the advertisement for a bid opening to be held at 10:30 a.m.,Tuesday, March 26, 1996. H. Contract 96-02. Well No. 18. It was recommended to receive the bids and award Contract 96-02 to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. I. Project 708. Wescott Road. It was recommended to receive a petition and authorize the preparation of a feasibility report for Project 708. J. Contract 94-R, Waterview Addition. It was recommended to acknowledge completion of Contract 94-R and authorize acceptance for perpetual City maintenance subject to warranty provisions. K. Approve Municipal Center Construction Close Out Spending Plan and Adjust Budget. It was • recommended to approve the Municipal Center construction close out spending plan and adjust budget. L Approve Off-Sale Liauor License for Twin Cities Stores. Inc. at 3390 Coachman Road. It was recommended to approve an off-sale non-intoxicating malt liquor license for Twin Cities Stores, Inc. dba Oasis Market at 3390 Coachman Road as presented. M. Final Subdivision. Preusse Addition. It was recommended to approve a final subdivision for Preusse Addition as presented. 96.18 N. Resolution of Denial, Comprehensive Guide Plan Amendment. Rottlund Development, located at Diffley Road and 1-35E. It was recommended to adopt the resolution of denial for Rottlund Companies' comprehensive guide plan amendment for property located in the northeast quadrant of I-35E and Diffley Road. . 96.19 O. Assignment of Responsibility for Eaoandale Center Industrial Park#12. MEPC American Properties Inc. It was recommended to approve the assignment and assumption of Eagandale Center Industrial Park#12 development contract responsibilities from the NW Mutual Life Insurance Company to MEPC American Properties Inc. Awada moved, Hunter seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 Hunter moved,Awada seconded a motion to schedule a special Council meeting for March 6, 1996 at 6:30 p.m. Aye: 5 Nay: 0 Number of Persons in Residential Group Homes. Administrator Hedges referred to a memo from Community Development Director Reichert regarding the number of people allowed in residential group • homes. Community Development Director Reichert noted there has been a request from Hearthstone of Minnesota, who currently has six children and would occasionally like to have up to eight. This can't be done through the variance process. She pointed out that the code doesn't really address the different types 00064 EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 - • PAGE 3 of group homes and provide for them in different zoning districts and the Council may want to consider changing that as more of these facilities locate in the community. Mayor Egan indicated he does not object to reasonable flexibility under these circumstances. Councilmember Awada indicated she has received some complaints from people who live in this area. She feels neighborhood input is needed on this issue. Community Development Director Reichert indicated the Council could provide the ability to exceed six children in the R-1 zone as a conditional use. However, if that is done, all facilities need to be treated equally. Direction is needed as to whether the city wants to pursue a code amendment to allow more than six children in these types of facilities. Councilmember Awada noted that this is traditionally not allowed in other cities. Councilmember Hunter indicated he would like to find out what other cities are doing,and what problems have been experienced if they have allowed more than six children. Councilmember Wachter concurred. He hasn't had any complaints, but feels it would be good to check. On-street Parking Request.Lifetime Fitness. Mayor Egan noted that Lifetime Fitness raised these same issues when the on-street parking ban was adopted by the Council. He indicated he is willing to listen to them again, but at the time the ban went into effect, they were told that when the adjacent property develops,there will be an increase in off-street parking available, and until that happens,there will be some problems. He doesn't see where the circumstances have changed. Councilmember Hunter concurred. Councilmember Wachter suggested Lifetime Fitness ask their members to adjust their schedules to times when parking isn't as much of a problem. Councilmember Hunter noted that Lifetime Fitness advertises having limited membership,and if their membership has grown to the point where all of the members cannot be accommodated by the parking, perhaps there is a problem with the management practice of continuing to solicit more members. He feels that is their problem to deal with. After some discussion, Councilmembers felt that circumstances haven't changed and their position is the same. PUBUC'H RINGS ................................................ ............................................... • VACATE PONDING EASEMENT, EAGAN PROMENADE Director of Public Works Colbert gave a staff report. He indicated Dakota Electric Association had a concern about their electrical feed located along the west side of the new ponding area. He noted that the feed will be relocated within the Denmark Avenue alignment. Therefore, the pond will be constructed in stages to accommodate the electrical relocation and Dakota Electric no longer has any concerns with this vacation. He is recommending that following the public hearing, that this be continued to be concurrent with approval of the plat which will provide for the replacement easement. Mayor Egan then opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned discussion back to the Council. After some discussion,Wachter moved,Awada seconded a motion to close the public hearing and continue this to be concurrent with final plat approval. Aye: 5 Nay: 0 OLD BUSINESS APPROVE HOLZ FARM FINAL REPORT Councilmember Awada stated she likes the revised budget. Mayor Egan commended the task force for their work on this issue. Councilmember Hunter concurred. He feels the task force was sensitive to Council concerns. He thinks that had the Council known how much it was going to cost, the decision to purchase the farm wouldn't have passed. The Council was led to believe that the structures were in relatively good condition and the Council took that into consideration when making the decision to purchase the farm. According to the report, it appears to be a dilapidated farm that is falling apart and will take $1 million to restore it. He questions whether the city should go forward with implementing these recommendations. He feels a much smaller program is needed, or the farm should be released. Jon Oyanagi, Recreation Superintendent, responded that the buildings were rated relatively good according to the SEH report. "Relatively" means that they are in good condition, considering their age. He feels the • buildings are in varying degrees of repair. Councilmember Wachter stated he feels the report makes some of these buildings out to be worse than they actually are. Some things need to be done in order to save 00065 EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 • PAGE 4 the buildings; other things can wait. Not all of the buildings will be saved. The recommendation is a guideline. Not everything in the report needs to be done. Mayor Egan stated he feels the city received an honest evaluation as to the relative condition of the buildings. There was a lot of excitement at the open house for this project. He suggested the city do the necessary improvements for now and stretch out the other improvements as long as possible. Councilmember Masin indicated she feels this is one of the few things that can be preserved in Eagan. She feels the farm should be preserved and the Friends of the Farm organization should be formed. Mayor Egan stated he feels there are a lot of ways to alleviate the financial concerns. Suggestions from the Council included getting the work done at the lowest price possible, having a slower time frame for the improvements, and doing only the improvements that are necessary to preserve the buildings. Hunter moved, Masin seconded a motion to accept the work of the Holz Farm Task Force and recognize members of the task force for their donation of enthusiasm, expertise,time and energy that went into creating this report. Aye: 4 Nay: 0 (Wachter abstained due to the fact that he is a member of the task force.) Some discussion followed concerning the funding. Councilmember Hunter suggested eliminating the $300,000 for access. Councilmember Awada concurred. EXTENSION OF CONDITION OF APPROVAL, EAGAN EVANGELICAL COVENANT CHURCH Community Development Director Reichert gave a staff report. Councilmember Hunter indicated that when considering these extensions,the Council looks to see whether there is something new. He feels that moving the barn onto their property is new and he doesn't have a problem with this. Other Councilmembers concurred. Wachter moved, Awada seconded a motion to approve a five-year extension for completion of temporary parking lot improvements for Eagan Evangelical Covenant Church. Aye: 5 • Nay: 0 CONSIDERATION OF PARK REFERENDUM ON AUGUST 6, 1996 Administrator Hedges noted that official action would have to be taken by the Council 45 days prior to the referendum. It is the intent to bring a formal resolution back to the Council on this on June 4th. Lee Markell, Chair of the APRNRC, indicated the commission looks forward to working with the task force on open space and active park space issues. Tony Caponi reviewed the history of the Caponi Art Park and the problems with financing for the park. He doesn't feel this should be part of the referendum. The Caponi Art Park is not a concept--it exists and he doesn't feel there is a question as to whether the park is needed in the city. That was decided long ago. He likes the idea of a task force, but feels the Caponi Art Park should be excluded from the work of the task force. He feels he and the Council need to work together to make this work. He indicated that he made a proposal, and he would like to discuss this further with the Council and get a response. Councilmember Hunter indicated that the Council has read the proposal, but haven't discussed it together. He feels that needs to be done. The proposal wasn't what he expected, and he feels it needs to be discussed further. He has serious concerns about the proposal. After some discussion, Hunter moved, Awada seconded a motion to set a special workshop for March 21, 1996 at 5:00 p.m. to discuss the proposal for the Caponi Art Park. Aye: 5 Nay: 0 Awada moved, Masin seconded a motion to direct the Advisory Parks, Recreation & Natural Resources Commission to form a task force to study the park bond referendum issue to make a determination as to the amount and wording for a referendum to be held on August 6, 1996. Mirial Johnson, 4181 Amberleaf Trail, stressed the importance of this project to the community. She feels the Caponi Art Park offers a unique opportunity for cultural and artistic diversity that should be taken advantage of. Aye: 5 Nay: 0 • 00066 EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 • PAGE 5 NEW BU$1NESS CONSIDER REQUEST TO REVISE TRUNK UTILITY CONNECTION CHARGE, RAHN RIDGE 2ND ADDITION Director of Public Works Colbert gave a staff report, noting that because these circumstances are unique, he has no concern about setting a precedent. Councilmember Wachter asked whether there is any further development anticipated on the south side of the street or to the west. Director of Public Works Colbert noted there is a park on the south side of Pin Oak Drive. To the east,there is further development of the commercial area within the Rahncliff 2nd Addition, but that is serviced off the high pressure zone. They have been assessed for that water main. Regarding the property to the west, water and sewer were brought in to service all of the lots created in 1985. Masin moved, Hunter seconded a motion to approve a request to remove the trunk utility connection charge for the Rahn Ridge 2nd Addition. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, I-494/HWY 55/HWY 149 CITY OF EAGAN AND JOHN ALLEN (INDUSTRIAL EQUITIES) Community Development Director Reichert gave a staff report. She reviewed the history of this property, and the current land uses in this area. She reviewed a proposed new land use designation called Business Park,which is a step up from basic industrial. She noted there will be policies established for this land use designation, which basically state that the City expects this area will develop and redevelop into Business Park over the next 10-20 years, but will primarily be a function of the market. The City will support having the existing businesses, both industrial and residential zoned, in the interim until there is a strong indication that there is support to change those areas. The City would support changing those areas to Business Park zoning as long as it isn't done piecemeal. Councilmember Awada asked how this will be . affected by the recent legislation on comprehensive guide/zoning. Community Development Director Reichert noted that this is exactly what the legislation intends. When there are transitional areas, there should be policies to explain how the transition can occur. She added that staff has spoken with the Met Council about this type of approach, and the Met Council thinks this is a good way to approach it. Considerable discussion followed concerning the land use legislation. Jim Hansen, 1000 Blue Gentian Road, clarified how this amendment will affect his property. He asked whether his property will remain agricultural if the area goes Business Park. Community Development Director Reichert noted that the zoning won't change. This is just a comprehensive guide plan amendment. Mr. Hansen asked for clarification of the legislation referred to earlier. Councilmember Hunter reviewed the legislation and how it affects this area. Dennis Klingle, 2795 Linde Lane, asked how they will be assessed when an assessment comes through. City Attorney Sheldon explained that property is assessed based on special benefit to the property, which is increase in market value. It is based on how it is zoned at the time of the assessment. Awada moved, Hunter seconded a motion to approve a Comprehensive Guide Plan Amendment to establish a new land use category entitled BP-Business Park, including corresponding citywide policies as presented in Exhibit B of the staff report and area specific policies as presented in Exhibit C of the staff report, subject to Metropolitan Council review. Aye: 5 Nay: 0 Awada moved,Masin seconded a motion to approve a Comprehensive Guide Plan amendment from Commercial Planned Development to Business Park for property bound by 1-494, TH 55 and TH 149 in the North 1/2 and SE 1/4 of Section 2, subject to Metropolitan Council review. Aye: 5 Nay: 0 Community Development Director Reichert noted that these will come back on the consent agenda after the Met Council reviews them. Discussion followed concerning how the Met Council will control local zoning as a result of recent legislation. • 00067 EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 410 PAGE 6 CODE AMENDMENT AND REZONING, CITY OF EAGAN Community Development Director Reichert gave a staff report. She indicated staff was notified by Northwest Airlines who had concerns about what would be allowed in this district,and after it was explained to them, they no longer had a concern. She reviewed the proposed rezonings. Wachter moved,Awada seconded a motion to approve an ordinance amending Chapter 11,Section 11.20 regarding use districts to establish a new use district by adding Section 11.20,Subd. 22"BP Business Park District". Aye: 5 Nay: 0 Awada moved, Masin seconded a motion to approve an ordinance amending Chapter 11, Section 11.03 regarding Definitions to add 18 definitions (#88-105). Aye: 5 Nay: 0 Wachter moved, Masin seconded a motion to approve a rezoning from PD to R-1 for property described as Kollofski's Addition, Lots 2-4, Block 1 and Lots 2-4, Block 2; Robert O'Neill Homestead, part of Lot 6 (P.I.D. #10-53320-61-00, 10-53320-062-00). Aye: 5 Nay: 0 Egan moved, Awada seconded a motion to approve a rezoning from PD to I-1 for property described as Robert O'Neill Homestead, part of Lot 5 (P.I.D. #10-53320-052-00) and part of Lot 3 (P.I.D. #10-53320-032-00); Robins Addition, Outlot E. Aye: 5 Nay: 0 City Attorney Sheldon noted that part of the Robert O'Neill Homestead is proposed to be rezoned to Business Park. Since that is a new land use designation, it will need to be reviewed by the Metropolitan Council before the Council can rezone it. • PRELIMINARY SUBDIVISION (ROBINS 2ND ADDITION) AND PRELIMINARY PLANNED DEVELOPMENT (EAGAN FLAGSHIP BUSINESS CAMPUS) JOHN ALLEN (INDUSTRIAL EQUITIES AND REINVESTMENT CO.) Community Development Director Reichert gave a staff report. She noted that Blue Gentian Road is only partially paved, and is gravel through the residential area. Staff is concerned with traffic going to Highway 55 on the gravel road. There is also a steep grade going into the residential area. She noted a study is being conducted of the Highway 55 corridor with MnDOT, Dakota County and Inver Grove Heights. In the interim, staff is proposing to cul-de-sac the area at the end of the business park, and also cul-de-sac the gravel portion in the residential area. Northwest Airlines was very supportive of the Business Park idea, but is concerned about having all of this traffic coming out onto Highway 149. A traffic study was also done to determine how much development can be accommodated with the one-way street going to Highway 149. It was determined that the entire phase 1 could be accommodated without overburdening Highway 149. The developer has a question as to whether he needs to pay water quality mitigation fees. There is also an issue about access points that needs to be addressed. Jim Allen, the applicant, expressed his concern about closing off the access point. He indicated that there was an issue with visibility relative to the berming, landscaping and monument sign proposed. They would prefer to work on the berming and landscaping, and move the monument sign than lose the access point. It will not be a high traffic point, but still feels it is important for access. He also reviewed the water quality mitigation fee issue. He noted that he and the adjacent property owners worked with the City of Eagan in 1980 to donate the pond when the city had a significant problem with ponding and water quality. At the time, it didn't specifically state that water quality fees would be waived because they didn't exist at that time, but he feels that was the intent. He feels they have complied in spirit by donating the pond many years ago, with no benefit to the property owners. Because of this, he doesn't feel that waiving the fees would set a precedent. He feels this area could be Eagan's "Golden Triangle". Discussion followed concerning the access point. Director of Public Works Colbert indicated his concern is to have adequate site distance for safety. What is needed is some final detail site surveying that 00068 EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 • PAGE 7 is usually not done at this preliminary level. He felt that it would be appropriate to raise the issue so it is not overlooked when the final development comes through. If there is adequate site distance, staff doesn't have an objection to the entrance at this location. If the site distance is marginal, it may need to be restricted to be an entrance only. Staff will work with the landscaping and grading plan to ensure maximum site distance. Mayor Egan expressed concern about the water quality management dedication requirements. If there was a storm sewer ponding dedication and if it was beneficial to the city's water quality management system, he finds it difficult to justify any further charges to the applicant. However, he doesn't know how much of an effect the dedication of the ponds back in the early 1980's had on the water quality today. Director of Public Works Colbert reviewed the history of this easement,noting that when the pond easement was defined, it was as a result of the grading plan that was submitted to accommodate a lot of the excess fill generated by the construction of the 1-35E/1-494 interchange. The drainage easement was calculated and defined purely on the storm water management plan for flood control because that was all that was available at that time. The concept of water quality dedication hadn't been developed yet. There is an element in the water quality management plan that states that all development shall ensure that the quality of the water of runoff after development is not worse than the water quality prior to development. So while this ponding may serve to treat the water quality of the area, it doesn't entirely mitigate their water quality impacts. The applicant is proposing some water treatment, and it doesn't meet the full non-degradation requirements of the water quality management plan, which results in some cash dedication. Mayor Egan asked whether the calculations for the water quality management would be substantially different than the storm water control and Director of Public Works Colbert indicated they would be different. Mr. Allen pointed out that the pond was granted in conjunction with a grading permit, but research shows that there was a significant flood plain control problem at that time. If this pond wasn't handling a lot of the • city's flood water, the city would probably be doing a lot more nutrient control in that pond. Councilmember Hunter asked whether it is a unique circumstance to dedicate or donate an easement. Director of Public Works Colbert indicated that it happens many times. He noted staff can do further research on the negotiations at that time. Mr. Allen emphasized that this needs to be discussed further. Councilmember Hunter indicated that if this situation is not unique,the Council requires developers to comply with city policies. He is willing to wait for further details. Mr. Allen stated he feels it is unique for a landowner to give the city an easement to take off-site water of a significant magnitude and run it through their pond. Easements are granted all the time to handle water from the development that is occurring on the site. He feels it was the spirit of the negotiations at that time that they wouldn't have to pay these fees in the future. Jim Hansen, 1000 Blue Gentian Road, indicated a concern about the proposed cul-de-sacs. Due to the steep grade, it will be difficult in the winter for people on the west end to get out of their homes. Other winters, people had to exit to the east, but that won't be possible with the proposed cul-de-sacs. Director of Public Works Colbert noted that the grade is 12%, which exceeds the city's standard of 10%. It is a gravel road and it is difficult to keep in a maintained condition. He is aware of the difficulty, and it is to the city's benefit to try to locate the cul-de-sac as far to the east and at the bottom of the hill to provide a flat area for vehicles to turn around. Staff hasn't gotten to that level of final detail design because this is a concept proposal. He indicated that the gravel road wouldn't be able to handle the truck traffic associated with this proposed development,and would continue to degrade the condition of the gravel road. Staff also has a concern about having commercial/industrial traffic going through a residential area. Putting up signs is practically unenforceable, which is why the cul-de-sacs were proposed. Councilmember Awada asked whether they could cul-de-sac the paved side, but leave a curb cut for the homes to use. Director of Public Works Colbert indicated it wouldn't stop the trucks from going through the residential area. He indicated they can try it, but he feels the result will be more maintenance • to the gravel road. Councilmember Awada asked whether the cul-de-sac to serve the homes will be paved, EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 00069 . PAGE 8 and Director of Public Works Colbert indicated the intention is for It to be constructed up to city standard so when Blue Gentian Road is upgraded, the cul-de-sac will match the roadway. Mr.Allen indicated that this cul-de-sac proposal is a result of neighborhood concerns about through traffic. He would prefer not to have the cul-de-sacs there. He wondered why there couldn't just be one cul- de-sac instead of two. He noted he has been paying taxes and special assessments on this property for many years, and there is a limit as to the amount of money he wants to incur as a result of a deficient city street. He was not of the understanding that the cul-de-sac on the gravel side would be paved. Councilmember Wachter stated he feels the city has an obligation to the people who use that road in the winter for safety reasons. He feels the road should be left open. Considerable discussion followed concerning whether or not to put in the cul-de-sacs. Councilmember Hunter stated he feels the Council should approve the recommendation of the Advisory Planning Commission, and staff can work with the applicant prior to final plat approval. Hunter moved, Egan seconded a motion to approve a preliminary subdivision for Robins 2nd Addition, currently platted as Robins Addition, Outlots B and C, south of 1-494 in the NE 1/4 of Section 2, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval B1, B2, B3, B4, C1, C2, C4, D1, E1, Fl and G1 as adopted by Council on February 3, 1993. 2. The developer shall provide inspection manholes over each individual service to provide the City an inspection and monitoring manhole. 3. The storm drainage plan should be revised to reflect the proposed catch basins at the entrance • between Lots 2 and 3 connection to the internal storm sewer system drainage to Pond B. 4. If the City Council finds that water quality mitigation requirements have not been met by past agreements, the developer shall be subject to an on-site ponding requirement. To the degree that the on-site ponding design provided by the developer is inadequate to meet full mitigation requirements, a cash dedication will be required. 5. The proposed entrance layout will be revised to reflect one entrance at each of the three lots plus one entrance on the west side of Lot 1. 6. The developer shall construct two cul-de-sacs to separate the unimproved and improved segments of Blue Gentian Road. Detailed construction plans shall be submitted to the City for review and approval prior to construction. 7. The developer shall provide a cross-access agreement to allow adjoining parking lots. 8. The developer shall dedicate sufficient right-of-way with the Final Plat for construction and maintenance of the two proposed cul-de-sacs on Blue Gentian Road. 9. The developer shall plat the property. Councilmember Masin expressed a concern about approving the preliminary subdivision and making revisions prior to final subdivision approval. There was a problem when the Council did this one other time. More discussion followed. Aye: 5 Nay: 0 Community Development Director Reichert requested clarification regarding the condition relative to water quality mitigation requirements. Mayor Egan indicated that several Councilmembers indicated that if the storm sewer ponding requirements seemed to have met the spirit and intent of the water quality management plan that they would not assess any further, but further research needs to be done. Director of Public Works Colbert noted that a condition can be removed, but • 00070 EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 PAGE 9 can't be added, so he suggested the condition be left in and if research shows that the condition should be removed, it can be brought back to the Council to be removed. Hunter moved, Masin seconded a motion to approve a Preliminary Planned Development consisting of approximately 80 acres to accommodate a mixed office/industrial development on property currently platted as Robins Addition, Outlots A-D on Blue Gentian Road, west of S.T.H. 149 (Dodd Road), south of 1-494 in the North 1/2 of Section 2, subject to the following conditions: 1. The Flagship Business Campus Planned Development for Lots 1-4, Robins 2nd Addition and Outlots A and D, Robins Addition, shall consist of Phase 1 (approximately 29 acres) and Phase 2 (approximately 50 acres) as shown on the Phasing Plan dated 2/16/96. 2. The Flagship Business Campus Planned Development shall consist of a mix of office, office/showroom and office/warehouse uses and shall meet, at a minimum, the requirements of the City's proposed Business Park zoning district. 3. The final planned development agreement for Phase 1 shall be executed prior to final subdivision (Robins 2nd Addition) and final planned development approval. The following exhibits are necessary to this agreement: final site plan, landscape plan, building elevation and signage plan and lighting plan. 4. Final planned development agreement for Phase 2 shall be executed prior to final subdivision (Robins Addition, Outlots A & D) and final planned development approval. The following exhibits are necessary to this agreement: final site plan, landscape plan, building elevation and signage plan, and final lighting plan. • Aye: 5 Nay: 0 Councilmember Masin reviewed the role of the Metropolitan Council in land use matters, and encouraged citizens to pay attention to who is on the Met Council and what they are doing. CONDITIONAL USE PERMIT- HI-LEX CORPORATION Administrator Hedges noted the Advisory Planning Commission is recommending approval subject to some conditions. There were some concerns expressed at their meeting pertaining to safety, and after review by the Police Department and Fire Marshall, it was determined that there is some risk involved, but the conditions recommended with approval will ensure that the operation is as safe as possible. He indicated he received a call today from West Publishing requesting a continuance of this item so they can further review this request. Their counsel also submitted a letter and attachments for the Council's review. He added that the City is under a 60 day deadline on this request so the Council must take action tonight. Councilmember Awada asked the applicant whether they would consent to a continuance. Carl Cambrone, general counsel for Hi-Lex Corporation indicated he feels the issues can be addressed tonight. He noted their request is to allow tank cars to transport the chlorine and unload it at their facility. He reviewed their current operations and the request. He pointed out that the Council approved this same conditional use permit in 1987. The reason they are requesting another conditional use permit is that the method of mixing at their facility using tank cars as opposed to trucks has not been used before. He noted that this method of mixing is done universally in the industry and it is a very safe procedure. He noted that reference was made in a letter to the Council to an accident involving chlorine at the Hawkins Chemical Company. There was an explosion, but it had nothing to do with chlorine. He noted that chlorine is used by the City for water purification. Chlorine is not a dangerous chemical. It is simply mixed with sodium hydrochloride and water to make household bleach. It is an efficient way of handling a product that has been used in their facility for many years. He urged Council approval. Councilmember Awada asked him to explain the conditional use permit that was issued in the • 1980's. Mr. Cambrone indicated that it was for the same chemical, but it wasn't common practice to use 00071 EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 • PAGE 10 the rail spur. By switching to tank cars, it will reduce the transport of chlorine from 450 trucks per year to 18 tank cars per year. The tank cars bring the chemical in a purer form, as opposed to the trucks which bring it diluted with water. Councilmember Masin noted that transporting it by trucks means there is less chlorine on site at any given time. Tom Gates, President of Hi-Lex, explained that when it is brought in by truck, it is premixed in a 85%water solution and is stored on the property. They are asking to bring the raw materials in by rail and unload and mix them on site. Councilmember Awada expressed a concern that there will be much more of the chemical on site in a much stronger form,which presents a higher risk factor. Mr. Gates responded that the materials currently being brought in are in a liquid form and they are proposing to bring them in a gaseous form. There are many safety procedures that are followed. Councilmember Awada stated her concern is with the scope of a potential disaster. Mr. Gates noted that these materials are going through Eagan by rail on a regular basis right now anyway. The transport vehicle is designed not to rupture or leak. He feels tank cars are the most safe way to handle these materials. They used this exact process in downtown St. Paul and moved to Eagan in 1988 and got a permit for this exact process but never exercised it. Councilmember Hunter reiterated a derailment that just happened in Wisconsin where a propane tank exploded. These tanks are likely designed not to explode, but it did and the entire city and a two mile radius were evacuated. He has major concerns about the potential for disaster and how it would affect Eagan and feels many people are concerned about this same thing. There have been many major rail accidents in the last six months. He also referred to information received about chlorine accidents and their impacts. If this happened in Eagan, it would be a major disaster and he feels it is important to raise these questions. Harry Gallaher,attorney representing West Publishing, urged denial of this request. The conditional use permit issued earlier wasn't exercised and is expired. He noted that the fire at Hawkins Chemical • Company was not caused by chlorine, but because of its presence at the plant,was one of the reasons for evacuation. He pointed out that the chlorine used at the water plant is in one ton containers. The applicant is requesting 90 ton containers. He feels the applicant has failed to prove that there is no danger to the health,safety and welfare of the community. Chlorine is a very toxic substance and he reviewed the health hazards and community impacts of chlorine leaks. He noted there is no evacuation plan in the event of an emergency. He stated that West Publishing lies within one mile of this facility. In the event of a catastrophe, West Publishing would have to evacuate the entire complex. Their production facility operates 24 hours per day, 5 days per week. The Westlaw facility operates 24 hours per day, 365 days per year. It is critical to their operation that Westlaw be available to the legal community and governmental agencies at all times. The economic impact of a evacuation in terms of wages, lost productivity and lost profits would be tremendous. He feels the applicant has failed to demonstrate that the risks can be outweighed by the benefit to the community, and that public facilities can adequately serve this facility. Mayor Egan asked whether there is an emergency plan,and Fire Marshall Dale Wegleitner indicated that there is an emergency plan, but doesn't know whether it is up to date as to the chlorine. Mike Duffy, a representative of Hi-Lex, noted that it is not up to date as it applies to chlorine, but one of the proposed conditions of approval is to update this plan. Councilmember Wachter noted that the conditional use permit was never exercised, and he feels the Council needs to look at the situation as it exists today. He feels this request lends itself as more hazardous to the community than having it delivered by truck in a diluted state. He feels it would heavily impact the city, and due to the number of rail accidents that have occurred in the past, he feels it is detrimental to the community. Safety is a big factor. Councilmember Masin stated she feels having 18 rail cars coming to the facility is safer than 450 trucks. There are many truck roll-overs in the winter also. Mayor Egan noted that the chlorine coming in on tank cars is in a more concentrated form. He added that more is known today about environmental • pollution, catastrophes,and the potential for accidents than was known at the time of the original conditional use permit request. A big concern for him is the tremendous increase in the number of people who live and 00072 EAGAN CITY COUNCIL MINUTES; MARCH 4, 1996 PAGE 11 work within a close proximity to this site compared to their original request. There has been a major influx in employment and business operations in this area. Councilmember Awada stated that the Council treats conditional use permits like variances in that if there is opposition by neighboring properties, then there is a problem with granting something that is conditional. Safety is an issue, but neighborhood opposition is a factor also. The potential for disaster is small, but there would be a huge Impact to 20-30,000 people if there is a disaster. Awada moved,Wachter seconded a motion to deny the conditional use permit and refer this to the City Attorney for preparation of findings of fact. City Attorney Sheldon noted that due to the 60 day time period expiring soon, the law requires that at the time the Council makes its decision,the reasons must be stated in writing. He suggested that the letters and attachments received be accepted as part of the record, and the minutes articulate the reasons given by the Council. Councilmember Awada amended her motion to accept the letters as part of the record, and deny the conditional use permit based on all of the reasons given by the Council. Councilmember Wachter accepted the amendment. Mayor Egan asked whether findings will still be prepared, and City Attorney Sheldon stated he feels that is appropriate. Aye: 5 Nay: 0 G1S1 t' tEf NT.ERG IER EMENTidL iFF 11 Councilmember Hunter referred to a meeting regarding the recent land use legislation with Tim Pawlenty and asked whether anything has been done as a result of that meeting. Some discussion followed. ROt1N1 ;TABLE Councilmember Masin noted that the transit legislation has been making progress and noted that • members of the Metropolitan Council have testified in favor of the bill. She also referred to a memo she wrote about getting together with school board members and other elected officials and wondered whether the Council is interested in setting up this meeting. She feels one issue that could be addressed is the fact that there are no organizations in Eagan spearheading a drug prevention program. Councilmember Awada suggested the meeting be scheduled for after the legislative session. Some discussion followed. ct ECi <REGISTER .............................................. Wachter moved, Egan seconded a motion to approve the check register dated February 29, 1996 in the amount of$1,596,864.56. Aye: 5 Nay: 0 A 3JOURNEN The meeting adjourned at 10:00 p.m. DLP March 4, 1996 • .0.Aa. A Date 8 ity ler If you need these minutes in an alternative form such as large print, braille, audio tape, etc.,please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612)454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, . activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance.