10/02/1990 - City Council Regular0
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
October 2, 1990
1/4.)
A regular meeting of the Eagan City Council was held on Tuesday, October 2, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon.
City Administrator Hedges recommended the following changes to the agenda:
Add: Resolution/Minnesota Public Radio, to the end of the agenda.
Gustafson moved, McCrea seconded, a motion to approve the agenda as amended. Aye: 5 Nay:
VS
McCrea moved, Wachter seconded, a motion to approve the minutes for the September 18, 1990,
regular City Council meeting with the following exception:
Page 13, Diffley /Cedar Planned Development, first paragraph, replace last sentence with the
following clarification: "He acknowledged residents do not want more R-4 or strip malls, but feared the
hodgepodge of commercial, which would result if the land use were not rezoned, would be worse."
Aye: 5 Nay: 0
McCrea moved, Gustafson seconded, a motion to approve the minutes for the August 9, 1990,
special City Council meeting. Aye: 5 Nay: 0
Gustafson moved, Wachter seconded, a motion to approve the minutes for the September 13, 1990,
special City Council meeting. Aye: 5 Nay: 0
TMENT HEAD
FINANCE DEPARTMENTBID AWARD
BOND SALES
After introduction by Mayor Egan, City Administrator Hedges said the City had received the bids
for the four separate bond sales and asked Fiscal Consultant, David MacGillivray of Springsted, Inc., to
provide detail about the sales and subsequent bid award.
Mr. David MacGillivray said they were requesting that Council consider resolutions awarding the
sale of each bond issue. Before addressing the issues, however, he wished to point out that this had been
a very volatile time in the bond market. Over the last 2 to 3 weeks, it has been extremely variable and he
was pleased to report that the rates they received were very good.
The lowest, true interest cost bid for the S9,300,000 in General Obligation- Revenue Water System
Bonds, Series 1990A, was 7.2350 Mr. MacGillivray said his company was predicting 7.2% and said this
is one of the best bids they had received in the last few weeks.
Wachter moved, Gustafson seconded, a motion to approve the sale of S9,300,000 General Obligation
Revenue Water System Bonds, Series 1990A, to Norwest Investment Services, Inc. Aye: 5 Nay: 0
Mr. MacGillivray said that the City had received four bids for the 55,250,000 in General Obligation
Improvement Bonds, Series 1990B. He said that a month ago they were estimating an interest rate of
6.91 and were pleased with an extremely aggressive and favorable rate of 6.907
Gustafson moved, Wachter seconded, a motion to approve the sale of S5,250,000 General Obligation
Improvement Bonds, Series 1990B, to Norwest Investment Service, Inc. Aye: 5 Nay: 0
The City received one bid from a Twin Cities syndicate for the General Obligation Equipment
Certificates of Indebtedness, Series 1990C. Mr. MacGillivray said a true interest rate of 6.4475% was even
more aggressive than the other issues and was under Springsted's estimate of 6.65
McCrea moved, Gustafson seconded, a motion to approve the sale of S250,000 General Obligation
Equipment Certificates of Indebtedness, Series 1990C, to Norwest Investment Services, Inc. Aye: 5 Nay:
0
Mr. MacGillivray said the issuance of $1,220,000 in General Obligation Refunding Improvement
Bonds, Series 1990D, refunded three outstanding issues that presently have interest rates ranging from 7.75%
to 9 He said the bids received were very favorable and while they were estimating 6.66% interest, the
true interest cost of the most favorable bid was 6.4383 Hence, rather than improving the City's cash flow
position by $345,000, as had been predicted, Mr. MacGillivray said with this sale, the actual improvement
would be S360,000+. Mr. MacGillivray said that the issuance has not only improved cash flow position but
has shortened the maturity.
Gustafson moved, McCrea seconded, a motion to approve the sale of S1,220,000 General Obligation
Refunding Improvement Bonds, Series 1990D. Aye: 5 Nay: 0
Mr. MacGillivray said presentations were made two and a half weeks ago in New York to Moody's
and Standard Poors in an attempt to maintain the City's bond rating. While comments from Standard
Poors were more traditional, banking language statements, Moody's included such comments as: on
track" and "doing everything right." He said the next highest rating would be AA; however, he added that
such a rating would be rare for a suburban municipality that is not yet fully developed. Mr. MacGillivray
said that staff should be commended for a very professional presentation.
Mayor Egan added that the team had put in a lot of work and that it was appreciated. He said
these had been the best bids received in some time.
A. Personnel Items
1. It was recommended that the letter of resignation submitted by Investigator Robert O'Brien of
the Eagan Police Department be accepted with regret.
2. It was recommended that the reorganization of the Eagan Police Department creating a new
position of Property Room/Administrative Technician and eliminating one future Community Service Officer
position at the time the two, present Community Service Officers become sworn police officers be approved.
Page 3/EAGAN CITY COUNCIL MINUTES
October 2, 1990
3. It was recommended that the appointment of Donn Smith as Property Room/Administrative
Technician at the Eagan Police Department be approved.
4. It was recommended that the appointment of Todd Kirchgatter be approved as a Police Officer
effective October 15 and Caridad Arendale be approved as a Police Officer effective November 5.
5. It was recommended that the hiring of Kim Eggers as a Project Planner for the City of Eagan,
subject to the successful completion of the City's physical examination requirement, be approved.
6. It was recommended that the hiring of Karen Kelly as the full -time Clerical Technician 3 for
the Fire Department, subject to successful completion of the City's physical examination requirement, be
approved.
7. It was recommended that changing the status of pre school program instructors and assistants
to temporary, seasonal employees be approved.
8. It was recommended that the hiring of Rolf Tufte as a seasonal forestry/boulevard inventory
technician be ratified.
9. It was recommended that the addition of standard benefits to the Community Services Officer
position in the Police Department be approved.
B. Refuse/Recyclin2 License /Aagard Environmental Services
It was recommended that a refuse /recycling license for Aagard Environmental Services of St. Paul
be approved as presented.
C. Plumbers Licenses
It was recommended that Plumbers Licenses for: 1) Gilbert Mechanical Contractors, Inc., and 2)
The Plumbing Place, Inc., be approved.
D. General Election Judges
It was recommended that the list of election judges for the general election of November 6, 1990,
be approved as presented. See Exhibit A.
E. Contract 89 -23, Acknowledge Completion/Authorize Final Payment (Various Trailway
Construction)
It was recommended that completion be acknowledged and final payment authorized under Contract
89 -23 to Barber Construction Company in the amount of $6,640.68.
F. Final Plat, Galaxie Cliff Plaza 2nd Addition
R 90.76
It was recommended that the final plat for Galaxie Cliff Plaza 2nd Addition be approved, including
the final site plan dated October 1, 1990; however, no cross parking easement shall be required if on -site
parking is increased to 107 stalls.
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October 2, 1990
G. Renew Contractual Snow Removal Agreement
It was recommended that the contractual snow removal agreement with J &D Contracting, Inc., for
the 1990 -1991 snow removal season at the same rates except as modified be approved and the Mayor and
City Clerk be authorized to execute all related documents.
H. Contract 90-07, Final Payment/Acceptance (1990 Sealcoating)
It was recommended that the first and final payment for Contract 90-07 (1990 Seaicoating) of
S142,649.80 to Allied Blacktop Company, Inc., be approved and the acceptance be authorized for perpetual
maintenance by the City subject to appropriate warranty provisions.
I. Project 88 -V, Acknowledge Completion/Authorize City Maintenance (Town Centre 100 6th
Addition (Streets and Utilities
It was recommended that the completion of Project 88 -V (Town Centre 100 6th Addition Streets
Utilities) be acknowledged and the initiation of City maintenance be authorized subject to warranty
provisions contained in the development agreement.
J. Project 87 -BB, Acknowledge Completion/Authorize City Maintenance (Brittany 10th Addition
Streets Utilitiesl
It was recommended that the completion of Project 87 -BB (Brittany 10th Addition Streets
Utilities) be acknowledged and the initiation of City maintenance be authorized subject to warranty
provisions contained in the development agreement.
K. Project 595, Receive Report /Order Public Hearing (Country Home Heights Streets
It was recommended that the feasibility report for Project 605 (Country Home Heights Street and
Storm Sewer Improvements) be received and the public hearing scheduled to be held Thursday, November
20, 1990.
L Change Order #1, Contract 89 -03 (Maintenance Facility Expansion/Remodelingl
It was recommended that Change Order #1 to Contract 89 -03 (Maintenance Facility
Expansion/Remodeling) be approved and the Mayor and City Clerk authorized to execute all related
documents.
Wachter moved, Pawlenty seconded, a motion to approve the Consent Agenda. Aye: 5 Nay: 0
iggi E Rfl
VACATE DRAINAGE Urn= EASEMENT
LOT 2, BLOCK 1, GREENSBORO ADDITION
Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the vacation
of the described drainage, ponding, and utility easement over that portion of Lot 2, Block 1, Greensboro
Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
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October 2 1990
OWIPMPOI:
RECEIVE BIDS/AWARD CONTRACT (GALAXIE CLIFF PLAZA 2ND ADDITION)
CARLSON LAKE IMPROVEMENTS
AMENDMENT/RESIDENTIAL OFF STREET PARKING
After introduction by Mayor Egan, Director of Public Works Colbert said that due to the one
month delay in awarding the contract and allowing construction to begin, the original specified completion
date will have to be modified to provide for 1991 completion. He said the development agreement has been
prepared requiring the developer to acknowledge this delay and guarantee all costs associated with any
delays into the next construction season as well as all costs associated with redesign to comply with the final
grading and drainage plan submitted by the developer.
McCrea moved, Gustafson seconded, a motion to award Contract 90-10 (Galaxie Cliff Plaza 2nd
Addition Streets and Utilities) and authorize the Mayor and City Clerk to execute all related documents.
Aye: 5 Nay: 0
After introduction by Mayor Egan, the City Administrator said that this item was continued from
the last City Council meeting. He went on to say that basically the Advisory Parks and Recreation
Commission was recommending changes to the comprehensive park plan that included a 6 foot wide turf
trail along the west bank, an 8 foot wide aggregate trail installed leading from the south access point to the
playground equipment, removal of the current basketball standard and security light to be replaced with
playground equipment and open play area at the same location, and a fishing dock to be placed on the
east side of the lake and included in the development plan.
Mayor Egan said the minutes clearly reflected a great deal of discussion on this item. He said the
feelings on both sides were well stated. Mayor Egan said this was a healthy compromise as both
constituencies have the right to have their wishes considered.
Councilmember Wachter asked a question regarding the type of equipment that would be installed
in the park. He said it is the neighborhood's wishes that wood equipment be installed. City Administrator
Hedges said that staff had discussed the type of equipment and the question was being proposed to the
insurance carrier as to the liability for such equipment.
Gustafson moved, Wachter seconded a motion to approve the recommendation of the Advisory
Parks and Recreation Commission without modification that revises the master plan for Carlson Lake Park
and authorizes the contractor, under a change order, to complete the park's plan per the revisions. Aye:
5 Nay: 0
After introduction by Mayor Egan, the City Administrator provided background on this item. He
said the ordinance amendment was originally proposed because it was generally felt that vehicles stored in
yards should be regulated. He went on to say that the language proposed for the Code amendment was
found to be too restrictive and would have been very difficult to enforce. City Administrator Hedges said
that the City Attorney's office felt that language as currently existing in the City Code could handle any
violations.
Page 6/EAGAN CITY COUNCIL MINUTES
October 2, 1990
Mayor Egan asked the City Attorney whether the current City Code sufficiently addressed these
problems. City Attorney Sheldon said that in this situation, the City has ordinances which cover most
instances of problems that exist. Mr. Sheldon said that enforcement of existing ordinances would be
preferable to writing additional ordinances.
Mayor Egan then asked for comments from the audience. After receiving none, this item was closed
with the direction that a letter be sent to the resident who indicated an interest in this issue.
5
LIQUOR LICENSE/OOMPRI HOTEL
PLAZA HOTEL COMPANY
Gustafson moved, Wachter seconded a motion to approve the on -sale liquor license and Sunday sale
of liquor license for the Compri Hotel/Plaza Hotel Company. Aye: 5 Nay: 0
LIQUOR LICENSE/LIQUOR SHOPPE
Pawlenty moved, Wachter seconded a motion to approve the off -sale liquor license for Greg Ward
and Richard Ross relative to the Liquor Shoppe, Inc. of 4250 Lexington Avenue South. Aye: 5 Nay: 0
DAKOTA COUNTY DRAFT 5-YEAR CAPITAL IMPROVEMENT PROGRAM
After introduction by Mayor Egan, the City Administrator said that each year Dakota County
approves a 5 -year Capital Improvements Program. He said there were a number of county roads in the
community and that the County takes the lead in their upgrade. He said the CIP has been reviewed with
the Chamber of Commerce, School District 196, and staff and that the revised CIP was now going to the
Council for their input.
The Director of Public Works said that by their review the City Council was not approving the
project but providing feedback to the County for their Capital Improvements Program. He said that a draft
will go back to the County Board with City comments as well as comments from business, citizens, and the
school district. Mr. Colbert said the only thing included for the Council's consideration were trails, signals,
and streets.
After review of the entire 5 -year proposed Capital Improvements Program, Gustafson moved, Egan
seconded a motion to approve the modified draft 5 -year Capital Improvements Program for Dakota County.
Aye: 5 Nay: 0
SETBACK VARIANCE/BRITTANY 10TH ADDITION
M. W. JOHNSON CONSTRUCTION
After introductory remarks by the Mayor and City Administrator, the Director of Community
Development said this is a variance of 10 feet from the 30 foot setback from public right -of -way. He said
the rationale for the variance was a severe slope at the rear of the lot. Councilmember Pawlenty asked
what the slope was and Director of Public Works Colbert said that the slope appears to be between 15 and
20 percent. He said this type of slope would require extensive retaining walls to get drainage around the
house.
Gustafson moved, McCrea seconded a motion to approve the variance of 10 feet from the 30 foot
setback from the public right-of-way for M. W. Johnson Construction on Lot 3, Block 1, Brittany 10th
Page 7/EAGAN CITY COUNCIL MINUTES
October 2, 1990
Addition and that the variance shall be subject to all applicable City Codes. Aye: 5 Nay: 0
Councilmember Gustafson said he wished the record to note that the hardship would be the cost
of the retaining walls and the aesthetics of the lot pertaining to the slope and drainage. He added that
there would also be safety concerns with the height of a wall high enough to retain the slope.
SPECIAL USE PERMIT R STMAS TREE SALES
THOMAS LAKE CENTER
Gustafson moved, Wachter seconded a motion to approve a special use permit for Christmas tree
sales for James Bartizal subject to the following conditions:
1. The permit is temporary and shall expire after December 25, 1990.
2. The permit shall be subject to all applicable Code requirements.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/MOTOR FUEL SALES
TOM THUMB MARKETS/ YANKEE SQUARE SHOPPING CENTER
After introduction by Mayor Egan, the City Administrator said that the Advisory Planning
Commission had recommended denial of this item. Director of Community Development Dale Runkle said
that the application is for a conditional use permit for relocation of the Tom Thumb facility at the Yankee
Square Shopping Center. He said the new store would be west of the existing location. Mr. Runkle said
the applicant had worked with staff to address concerns regarding transportation and traffic circulation in
the parking lot. He said it had been staff's recommendation that access onto Washington Drive be closed
completely.
Martin Colon, a partner in Federal Land Company, owner of the center, said they proposed to move
the existing Tom Thumb store to the old Yankee Drug location and expand at the same time. Mr. Colon
said it was a relatively simple plan in terms of detail. He said there were two sets of islands with pumps
in the middle. He said the distance between the islands and the parking stalls are typical for this type of
proposal. Mr. Colon said that they did anticipate more traffic than is presently being experienced in the
Yankee Square Shopping Center. Mr. Colon added that when pumps were added to the Cedar Cliff
Shopping Center, there were also concerns that traffic would stack up, however, this has never been a
problem. Mr. Colon pointed out that this is not a service station, but a food store anticipating selling
gasoline as a product. He said they just did not anticipate any problems. Mr. Colon said an upgrade of
the center was necessary to bring the shopping center into a level of competition that could compete with
other sites built in the area. He said they need to offer the same services as the others in order to
compete. He asked that the Council look at the Brook's Superette where one has to literally drive through
the pumps to get to the store. Mr. Colon said their plan is workable and they want to upgrade the center.
Mayor Egan then asked for comment from the audience before turning it over to the City Council
for questions. There were no comments from the audience.
Councilmember McCrea pointed out that it is tough for small businesses in today's market. She
said the City needs its small businesses and that she would have not problem approving the pumps for Tom
Thumb. However, she did express concerns regarding the circulation of traffic within the center. The
Councilmember said she was not convinced that this would solve problems but prehaps would create
problems.
Page 8/EAGAN CITY COUNCIL MINUTES
October 2, 1990
Mr. Colon said that moving the anchor tenant would distribute parking in a more even manner and
clarify the traffic circulation. He said that by moving this tenant, the majority of the business to the center
would be to the west. He said it would offset and relieve some of the traffic in the area closer to the
freeway.
Director of Public Works Colbert said that the area near Tom Thumb is congested. He said he
concurred that if it were relocated, it would distribute some of the congestion. He added that it would clear
out the access. Mr. Colbert said it would help the intersection of Washington Drive and Yankee Doodle
if Tom Thumb were moved; however, he questioned what would replace Tom Thumb in its present location.
He said depending upon what took Tom Thumb's place, the problem could be doubled.
Director of Community Development Runkle said that at the Advisory Planning Commission public
hearing, representatives of Hovie's and the Steak House had concerns regarding the canopy that would be
placed over the gasoline pumps. They had expressed concerns that the canopy would block their signage.
Mr. Colon said that he had talked to both tenants and had agreed to redesign the pylon sign for Yankee
Square Shopping Center to incorporate their names on that sign. Mr. Colon said that even though the
canopy is the same height as their signage, the sight line would go under the canopy and the signs would
still be visible. Mr. Colon added that this is a depressed area and the other users were satisfied.
Mayor Egan then asked the Director of Public Works to elaborate on staff concerns that had been
included in a letter from Short- Elliot Hendrickson. Mr. Colbert said that the gas pumps would interfere
with on -site circulation on the rest of the site only during peak periods. He said congestion is a concern
at the main entrance in addition to gas traffic blocking parking isles.. Mr. Colbert said the majority of the
traffic to the center would be off of Yankee Doodle. Councilmember Pawlenty asked whether consideration
had been given to those coming from the south. Mr. Colbert said that those numbers would be small
because of the left turn at Washington Drive. He said it is a congested area generating a lot of turn over.
Mr. Colbert said that in addition to shopping center traffic and pump traffic, he believed it would increase
pedestrian traffic within the parking lot. In addition, he said that existing parking stalls would make it
difficult to refuel the station during working hours.
Mayor Egan asked if this were an improvement over what had been proposed before. Mr. Colbert
said it was an improvement, however, staff still had severe reservations about the pumps. He said there
would be less impact on external traffic movement but more on internal.
Councilmember Gustafson said he hesitated to stray from what the Advisory Planning Commission
had recommended. He said that this center needed to upgrade in order to be competitive and he was in
favor of that. The Councilmember said that if the center goes broke, it would be good for traffic but not
good for Eagan. The Councilmember said that the developer planned to upgrade the center and he pointed
out that Brook's Superette with a similar situation had had no problems. He said he had never seen
vehicles stacked up at Nicols and Cliff and, yet, SEH was worried about this situation. Councilmember
Gustafson said that if the developer can increase the appearance and viability of the center, then it should
be done. He said that if the conditional use permit meets code, then the upgrade of the center could be
tied to the approval of the conditional use permit for pumps for Tom Thumb.
Councilmember Wachter said that the two tenants who had concerns about this conditional use
permit were not at the meeting and perhaps their concerns had been worked out. Councilmember
Gustafson said he did have concerns about the two tenants, however, he believed their concerns were being
taken care of. Councilmember Gustafson said it would be a big plus to get some of the traffic off
Washington Drive.
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October 2, 1990
ijk.$ t.)
Mayor Egan said that it was in the best interests of the City to control the traffic in the Washington
Drive/Yankee Doodle area. He asked the Director of Public Works if he anticipated stacking at the pumps.
Director of Public Works Colbert said he did not anticipate that, however, the potential was there and
should be addressed. Mayor Egan said they seemed to be coming back to two issues: 1) that two
businesses were concerned they would lose business because of the canopy and 2) gasoline tankers bringing
in fuel. Councilmember McCrea said that in addition to those concerns, she did not want to downplay the
safety issue. She said she was concerned about pedestrian traffic within the center. The Councilmember
also expressed reservations about having parking in front of the store when pedestrians would have to walk
right through parked cars to get to the store. She said she wanted to see the center thrive, however, she
still had significant safety concerns.
Councilmember Pawlenty said he was concerned about setting a precedent. He said the comparison
to Brooks is not a favorable one as one has to drive through the pumps to get to the center. The
Councilmember said that Yankee Shopping Center was a large center and that Tom Thumb was one of the
earlier convenience stores. He said that in order for them to compete now, they need gasoline. He said
he was concerned about the center and would be happy to see improvements as they would be helpful to
Eagan. The Councilmember said he would consider approval with the upgrade of the center, however, he
was still concerned about the reservations raised by SEH and the APC recommendation for denial.
Councilmember Pawlenty said if it would help the center, he would like to vote for the approval with some
minor modifications. He asked Mr. Colon if there were any other options available. Mr. Colon said that
he could address some of the concerns of the Council. He went on to say that Tom Thumb's business had
decreased 50 percent recently and something had to be done. He said the center needs to be renovated
and the center needs, to be competitive with the competition. Mr. Colon said he had talked to the two
tenants about their concerns and believe they were satisfied. As to the filling of fuel tanks by tanker, Mr.
Colon suggested that a stipulation be added that the tanks only be filled at night. Mr. Colon said as far
as Council concerns regarding the end tenant that will occupy space being vacated by Tom Thumb, they
would be willing to commit to a "soft user." Mr. Colon defined "soft user" as one that does not generate
a lot of traffic. Mr. Colon then went on to say that they were planning a half million dollars worth of
improvements to the center which ironically is what the original center cost when it was built. He said he
would have no objection to tying renovation to approval of the conditional use permit.
Councilmember McCrea asked whether some of the parking spots in front of the store could be
pulled and still meet proof of parking. Mr. Colon said this could be done and they would put metal posts
in front of the store to discourage any such parking. He said they would work with staff to improve the
design.
Gustafson moved, Wachter seconded a motion to approve the conditional use permit for Tom
Thumb Food Markets to allow motor fuel sales on Lot 1, Block 1, Bicentennial Addition, subject to the
following conditions:
1. A canopy facia and the building facia shall match.
2. The vent stand pipes shall run up the canopy column.
3. All other governmental agency requirements/permits shall be applied for and approved.
4. All signage on the canopy will be subject to a one -time sign fee of $2.50 per square foot.
5. The developer will lease the original Tom Thumb space to a soft user.
6. The upgrade improvements by the developer are to be accomplished within one year.
7. Removal of some parking spaces at the store entrance will be accomplished to accommodate
pedestrian traffic.
8. Entrance to the center off Washington Drive will be narrowed.
9. Fueling of gasoline tanks will be completed at night, after 10:00 p.m. and before 7:00 a.m.
Page 10/EAGAN CITY COUNCIL MINUTES
October 2, 1990
Councilmember Pawlenty questioned whether Condition #7 regarding removal of parking spaces
should be more specific or whether staff should negotiate the number. Councilmember Gustafson said he
would leave the removal of spaces up to the developer and staff. Director of Community Development
Runkle asked whether Councilmember Gustafson would like to define soft user outlined in Condition #5.
Councilmember Gustafson said that he deliberately Left the issue vague. Councilmember McCrea said she
would have preferred more specifics in the conditions and was not comfortable with leaving much of it to
staff discretion.
Aye: 4 Nay: 1 (McCrea)
CONDITIONAL USE PERMIT/OLTIDOOR STORAGE
SAFETY IGIMIN
After introduction by Mayor Egan, the City Administrator said concerns had been raised regarding
insurance bonding indicating protection for the City if a catastrophic event were to take place. He said it
was important to make certain that Safety Kleen would be responsible for the clean -up.
Director of Community Development Runkle said that the application is for increased storage of
chemicals until transported for use. He said at the present there are two, 15,000 gallon tanks on site and
the request is for two additional 120,000 gallon tanks. Mr. Runkle said that the improvements would be
phased in with one tank being built this year and the second being built next year. He said that the
applicant has agreed to the schedule that was included in the staff report.
Mel Jansek, representing the applicant, said he was surprised by the request for bonding for
insurance. He said this is the first time they have ever been asked to provide such insurance and he could
not answer for the applicant. Mr. Jansek said the storage tanks hold oil, glycol and dirty water. He said
while the materials are combustible, they are not flammable and are not contaminating in nature. Director
of Public Works Colbert asked whether the containment area around the tank was sufficient to hold the
contents of one tank. Mr. Jansek said that yes they had been built to EPA standards. Mr. Colbert then
asked what Safety Kleen did with rainfall. Mr. Jansek said that rain water is pumped out to one of the tank
areas. Mr. Colbert asked if there was any direct connection to the storm sewer system. Mr. Jansek said
no, that any spillage would be contained within the containment area and then pumped to a detention pond
for testing. Councilmember Wachter asked whether the applicant would be required to receive approvals
from the County and State agencies and it was pointed out that this would be a standard condition.
Councilmember Wachter said he was concerned about this application and felt it should be in a different
location. He said it was too close to the river. Director of Public Works Colbert said that there is one
ponding area before anything from Safety Kleen would reach the river, however, he is concerned about
potential pollution to the river and downstream. Mr. Jansek said that all valves within the site are double
check valves. Director of Public Works Colbert said that there is limited opportunity for staff to identify
potential problems. Councilmember Gustafson pointed out that the applicant did have all the mechanical
safeguards. Councilmember Wachter asked whether 240,000 gallons would fit in the containment area. Mr.
Jansek said in that instance, they would be talking about a rupture or spill. He added that in 15 years, they
had not had any problems.
City Administrator Hedges suggested that the City work with the applicant on an agreement which
would deal with inspection and clean -up. He suggested that the item be continued to allow the agreement
to be worked on.
r- w
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October 2, 1990
McCrea moved, Wachter seconded a motion to continue the application for a conditional use permit
for Safety Kleen Corporation to allow outdoor storage in a light industrial district to the October 16, 1990
regular City Council meeting. Aye: 5 Nay: 0
Councilmember Pawlenty asked that the applicant elaborate on glycol, water and chemicals. He
asked that the applicant identify the chemicals.
CLEAN PARTNERSHIP GRANT/SCi1WANZ LAKE R 90.77
McCrea moved, Gustafson seconded a motion to approve a resolution' authorizing execution of a
grant agreement amendment declaring the project Schwanz Lake Water Quality Diagnostic Study. Aye:
5 Nay: 0
O'NEIL PLANNED DEVELOPMENT AGREEMENT
The Director of Community Development said the issue is whether to provide access to the
landlocked Lance Properties. He said representatives of the O'Neils had requested that the provision
providing this access be removed. Mr. Runkle said that staff wanted the access to remain a condition,
however, the location of the access could be negotiated.
McCrea moved, Gustafson seconded a motion to deny the elimination of a condition for the
dedication of a service road from the O'Neil property to the Lance Properties site. Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETING
After reaffirming 5:30 p.m. as the normal starting time for City Council workshops, Gustafson
moved, Wachter seconded a motion to change the date for a special City Council meeting for the month
of October from October 11 to November 1 at 5:30 p.m. Aye: 5 Nay: 0
CHANGE ORDER 'I/CONTRACT 90-06
PROJECT 567 EFFRESS ADDITION STORM SEWER
Gustafson moved, Wachter seconded a motion to approve Change Order #1 to Contract 90-06
(Project 567 Effress Addition Storm Sewer) and authorize the Mayor and City Clerk to execute all related
documents. Aye: 5 Nay: 0
PROJECT 466/RECEIVE SUPPLEMENTAL ASSESSMENT ROLL
ORDER PUBLIC HEARING (PILOT KNOB ROAD)
Gustafson moved, Wachter seconded a motion to approve a supplemental assessment roll for Project
466 (Pilot Knob Road) as it pertains to Lot 2, Block 1, Duckwood Crossing and schedule a public hearing
to be held on November 8, 1990. Aye: 5 Nay: 0
nuls
RESOLUTION/MINNESOTA PUBLIC RADIO
R 90.78
City Administrator Hedges said that a letter had been received from attorneys for Minnesota Public
Radio asking that a resolution be passed by the City Council requesting that MPR be placed on an MWCC
Page 12/EAGAN CITY COUNCIL MINUTES
October 2, 1990
agenda. Mr. Hedges said a letter has since been received from Gordon Voss of the MWCC indicating that
even if the City made this request, it was unlikely the MWCC would approve any long -term lease or use
of their property.
Councilmember Gustafson said that in earlier deliberations about the request of MPR, the comment
had been made that there were additional sites available. The MWCC is indicating now that they might
be interested in being one of those sites if the City is interested. The MWCC has not wanted to interfere
and the Councilmember has tried to reinsure them.
Mayor Egan said he had spoken to Lurlene Baker -Kent and other members of the MWCC and it
is their feeling that in order to be a good neighbor, they have to anticipate what the City Council's feelings
are. Mayor Egan said unfortunately they have gone overboard and have become obstructionistic. The
Mayor said that Ms. Baker -Kent had suggested that the City Administrator contact Gordon Voss of their
office and ask if there are other sites available. Mr. Voss has now indicated that the MWCC may not
approve an alternate even if the City were to approve this site. Councilmember Pawlenty said he believed
that the MWCC has become overly cautious.
Gustafson moved, McCrea seconded a motion to approve a resolution requesting that the MWCC
place the Minnesota Public Radio item on a future agenda.
Councilmember Wachter said it should emphasized that the City's Council was not approving a site
for MPR.
Aye: 5 Nay: 0
The meeting adjourned at 10:12 p.m.
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist dated October 2, 1990 in the
amount of $884,617.08. Aye: 5 Nay: 0
CITY OF EAGAN
E. J. nOverbeke, City Clerk
KF
DEMOCRAT
Jean Fontaine
Barbara Shields
James Driscoll
Evelyn Cota
Fran Bohn
John Bellows
James Kennedy
Helen Kenndy
Ruth Twomey
Judy Peterson
Judith Mundahl
Dorothy Peterson
Dorothy Lemay
Sharon Schoeller
Margaret Schreiner
Lorraine Rieger
Vivian Jackson
Lila Bergh
Barbara Schreiner
Kirstin McCleary
Judy Saima
Kris Thayer
Anne Sullivan
Robert Manning
Al Jarvi
Helen Jarvi
Edith Drake
Julianne Keller
Judy Kazda
Walter Lawrence
Suzanne Hoffman
Karen Flood
Beatrice Cooper
Sharon Orth
Joann Arbour
Leo Amundson
Irene Wachtler
Alyce Bolke
June Nelson
Gary Dodge
Sharon Hanson
Mary Kellner
Emily Rodich
Orlean Garness
Stella Lundquist
Pauline Legendre
Frank Hamernik
Pat Rask
APPROVAL LIST OF JUDGES TO WORK
GENERAL ELECTION
NOVEMBER 6, 1990
Jan Giefer
Elaine Jones
EXHIBIT A
JLEPUBLICAN
Marge Jacobs
Lynn J. Fieman
Lois Agrimson
Rita Dandurand
Gladys Byrnes
Joan Bohlig
Irene D. Kreidberg
Patti Benjamin
Marti Ann Guetzlaff
Nancy Strom
Nancy Hendren
Sharon Astelford
Tracy Jones
Marilyn Porter
Kay Kohlmainen
Lyle Severson
Marilyn McNurlin
Sonya Larson
Marilyn Holm
Gloria Czycalla
Phyllis Ligman
Eleanor Bruce
Jean Kimber
Marilyn Legler
Carol Vihovde
Marcia Miller
Karen Uecker
Bill Skar
Sandi Anderson
Marie DesLauriers
Mark Olson
Barbara Linert
Ethel Groff
Georgia Cummings
Carolyn Thurston
Aurelia Poppler
Marvel Thorne
Zella Mirick
Marcia Miller
Patricia Kaeder
Rose Vimr
Kay Dodge
Terri Berkness
JoAnn George
Darleen Formanack
Emily Medin
Adeline Buehler
Michelle Skindelien
Iona Ray
Lynn Prazak
Marie Lane
Mary Teske
Ann Ouradnik
Barb Nuttall
Neal Black
Judith Miller