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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. Page 4/EAGAN CITY COUNCIL MINUTES 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 .a jua -sr ..a Page 5/EAGAN CITY COUNCIL MINUTES 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. Page 9/EAGAN CITY COUNCIL, MINUTES 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 Page 11/EAGAN CITY COUNCIL MINUTES 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