04/21/1992 - City Council Regular. it _ 6o
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
April 21, 1992
A regular meeting of the Eagan City Council was held on Tuesday, April 21, 1992, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty.
Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of
Public Works Tom Colbert, and City Attomey James Sheldon.
.........................
.........................
.........................
City Administrator Hedges noted a change to the agenda and Administrative Agenda, Item 1,
Ratification, Meghan's Addition Denial Resolution, will be addressed as Item J of the Consent Agenda.
Pawlenty moved, Wachter seconded, a motion to approve the agenda for the April 21, 1992, regular City
Council meeting as amended. Aye: 5 Nay: 0
Councilmember Pawlenty recommended the following addition to the minutes of the April 9, 1992,
regular City Council meeting:
Page 7, Paragraph 7, Sentence 3, add the word "if' after the words, "The Council also believed that."
Pawlenty moved, Wachter seconded, a motion to approve the minutes of the April 9, 1992, regular City
Council meeting as amended. Aye: 5 Nay: 0
City Administrator Hedges introduced Mary Jane Swenson of the Dakota Alliance for Prevention (DAP)
who in turn introduced Mary Montagne, Chemical Health Coordinator for Dakota County's Community Services.
Ms. Montague gave a brief overview of the Dakota Alliance for Prevention and the five -year community
partnership grant that provided its funding. She closed with a request for nominees to represent the City on the
Alliance.
In answer to questions, Ms. Montague said the Alliance would meet approximately once a month;
however, members would probably be involved in additional committee work. She said where and when the
meetings would take place would be at the discretion of the members. In addition, Ms. Montague said every
effort was being made to include minority representation on the DAP. The Council will present nominations
for the Alliance at the May 5, 1992, regular City Council meeting.
A. Personnel Items
Item 1. Community Service Officer /Police Department --It was recommended that the hiring of
Khamtanh Don Siouthi as a Community Service Officer be approved.
Page 2 /EAGAN CITY COUNCIL MINUTES
April 21, 1992
Item 2. Seasonal Park Maintenance Worker - -It was recommended that the hiring of Kenneth Cooley
as a seasonal park maintenance worker be approved.
B. Set May 30, 1992— as Date for public Auction of Surplus Property
It was recommended that the public auction for surplus property be set for May 30, 1992, at 10:00 a.m.
as presented.
C. Project 633. Receive Petition /Order Feasibility Report (Great Oaks Addition- Streets & Utilities)
It was recommended that the petition be received and the preparation authorized of a feasibility report,
plans and specifications for Project 633 (Great Oaks Addition - Streets and Utilities).
D. Project 631, Receive Feasibility Report /Order Public Hearing (Lone Oak Road) and Eagandale
Boulevard - Signalization and Intersection Improvements
It was recommended that the feasibility report for Project 631 (Lone Oak Road and Eagandale
Boulevard - Signalization and Intersection Improvements) be received and a public hearing scheduled for May
20, 1992.
E. Project 607, Approve Cost Participation and Traffic Signal Agreements for Dakota County Contract
30 -06. Diffley Road
It was recommended that the cost participation and traffic signal agreements for County Contract 30 -06,
Project 607 (Diffley Road Reconstruction) be approved and the Mayor and City Clerk authorized to execute all
related documents.
F. Contract 91 -06, Approve Plans and Specifications /Authorize Advertisement for Bids (Eagandale
Industrial Park 3rd and 4th Additions - Overlay)
It was recommended that the plans for Contract 91-06, ( Eagandale Industrial Park 3rd and 4th Additions
- Overlay) be approved and the advertisement for a bid opening authorized to be held at 10:30 a.m. on Friday,
May 15, 1992.
G. Project 623, Receive Feasibility Report /Order Public Hearing (Johnny Cake Ridge road - Overlays
It was recommended that the feasibility report for Project 623 (Johnny Cake Ridge Road - Overlay) be
received and a public hearing scheduled to be held on May 20, 1992.
H. Contract 92 -05, approve Plans and Specifications. Authorize Advertisement for Bids (Woodlands
North 2nd Addition, Wilderness Ponds & Yankee Doodle Road)
It was recommended that the plans and specifications for Contract 92 -05 (Woodlands North 2nd,
Wilderness Ponds & Yankee Doodle Road) be approved and an advertisement for bid opening authorized to
be held at 10:00 a.m. on Friday, May 15, 1992.
I. Final Plat, Woodlands North 2nd Addition
It was recommended that the final plat for Woodlands North 2nd Addition be approved as presented.
R -92.27
r ,
Page 3 /EAGAN CITY COUNCIL MINUTES
April 21, 1992
J. Ratification. Meg_han's Addition Denial Resolution
It was recommended that the ratification of the Meghan's Addition denial resolution be continued to
the May 5, 1992, regular City Council meeting.
Wachter moved, Pawlenty seconded, a motion to approve the Consent Agenda as presented with the
addition of Item J. Aye: 5 Nay: 0
COUNTY CONTRACT 30- 06 /DIFFLEY ROAD
Mayor Egan introduced this item as Project 607, Plans for County Contract 30 -06 ( Diffley Road). City
Administrator Hedges said that the City had been working with Anthony Caponi in regard to an art park and
the Diffley Road construction. He said a meeting had been held in the field with City and County staff and Mr.
Caponi regarding a pedestrian underpass and retaining wall being considered for construction with the Diffley
Road improvements.
Mr. Caponi first addressed an issue raised in staff correspondence regarding solicitations for the art park
from potential benefactors. He said benefactors could have been identified for the art park but because it was
to be a joint effort, he believed it presumptuous to proceed on his own without City input. He went on to say
he appreciated what had been achieved so far, however, did not appreciate that the art park would be designed
by the reconstruction of Diffley Road.
Dave Everds, Dakota County Highway Engineer, said that the County Board of Commissioners had met
and tentatively agreed to an amount of $64,200 in easement acquisition costs to be paid to Mr. Caponi. Mr.
Capon's appraisal differs in the amount of the easement taking, quoting $75,000 plus severance damages in the
amount of $100,000. It is his intention to apply all dollars received to the retaining wall.
Discussion then turned to the improvement. Mr. Everds went on to say that the design of Diffley Road
is complete with the exception of the retaining wall and the tunnel associated with the Caponi property. Director
of Parks and Recreation, Ken Vraa, noted different avenues are being explored for the retaining wall and a
contractor has been asked to look at and design a wall with Mr. Caponi. Costs are unknown at this time. Mr.
Everds said perhaps the tunnel could be included with the project now and a 2:1 slope built with the retaining
wall to come later. He said the disturbance to the hill would be the same no matter when the retaining wall was
built. There was some question as to whether a retaining wall was even necessary but the Council agreed that
a decision on the tunnel would have to be made.
After further discussion, Awada moved, Wachter seconded, a motion to approve the plans and
specifications for Project 607 /County Contract 30-06 ( Diffley Road Reconstruction) with no allocation or
direction regarding retaining walls but the City Attorney will prepare an agreement between the City and
Anthony Capon relative to covenants and easements for construction of a tunnel and a trailway which will align
with a tunnel. Aye: 5 Nay: 0
A question then arose as to funding for the tunnel. Mayor Egan said it was his understanding that if
a tunnel were built, the funds Mr. Caponi received from acquisition costs would be applied to the tunnel. Mr.
Caponi said it was his intention to apply those funds to the building of a retaining wall. He said the Council was
taking the money from the wrong place and that the tunnel's cost could be justified as an expense of the Major
Page 4 /EAGAN CITY COUNCIL MINUTES
April 21, 1992
Street or Park Site Development funds. Mayor Egan stated that it was up to the City Council to make a decision
that was prudent and responsible for the entire City and while the Council supported the project, he believed
Mr. Capon had to commit the use of the funds for either project so the issue could be resolved. Mr. Caponi
asked that the Council not earmark the money for a specific purpose and decide only whether the tunnel should
be built.
There was some discussion about whether the motion could be held in abeyance until Mr. Caponi could
decide how he wanted the money used but it was pointed out that the project could not go forward until a
decision had been made on the inclusion of the tunnel. Director of Public Works Colbert said a delay in the
decision would delay the project.
McCrea moved, Awada seconded, a motion, that based on a City Council determination that a tunnel
would provide a community wide benefit connecting two large community parks, would authorize 50% of the
cost of constructing a tunnel under Diffley Road adjacent to the Capon property with the understanding that
Mr. Anthony Caponi will agree to fund the other 50% of the cost for the tunnel construction with money he
receives from Dakota County for easement and severance damage to his property for the proposed road
reconstruction. It was further concluded that the cost participation agreement must be ratified no later than
Friday, April 24, as presented or the tunnel would not be included as a part of the Diffley Road improvements.
Mayor Egan said he could not support the motion as he had wanted something more definitive once
and for all.
Aye: 4 Nay: 1 (Egan)
CONDITIONAL USE PERMIT /NITTI DISPOSAL
Mayor Egan introduced this item as a Conditional Use Permit for Nitti Disposal, Inc., to allow outdoor
storage in an LI (Light Industrial) District on Lot 8, Block 1, Sibley Terminal Industrial Park located west of
Highway 13, north of Yankee Doodle Road in the SE 1/4 of Section 8. Mayor Egan indicated that there was
a request to continue indefinitely.
Councilmember Wachter asked how long the applicant had been operating at the above location.
Director of Community Development Runkle said they had been operating since December but had not yet
received the necessary permits from the State or County. He said they were meeting with the applicant on April
22 in an attempt to resolve the issues. Councilmember Wachter asked staff to review the operation to insure
the applicant was in conformance with all City ordinances.
Wachter moved, McCrea seconded, a motion to: 1) continue indefinitely the consideration of a
conditional use permit for Nitti Disposal, Inc., to allow outdoor storage in an LI (Light Industrial) district and
2) directed staff to determine whether Nitti Disposal is in conformance with all City ordinances and if not, order
the operations discontinued. Aye: 5 Nay. 0
SPECIAL USE PERMIT
U S WEST ANTENNA - LEXINGTON RESERVIOR
Mayor Egan introduced this item as a Special Use Permit, Larson & Littlejohn, PA., to allow an
antenna and equipment building on Parcel 10 -02700 - 014 -01 in the NE 1/4 of Section 27. This item was
continued from the April 9, 1992, to allow staff to meet with Yvonne and Joe Krisnik about their concerns
Page 5 /EAGAN CITY COUNCIL MINUTES
April 21, 1992
regarding the application. Director of Public Works Colbert indicated that a meeting had been held and the
Krisnik's would not be present and were no longer opposed to this application.
McCrea moved, Pawlenty seconded, a motion to approve the Special Use Permit for Larson &
Littlejohn, PA. to allow antennae and an equipment building on Parcel 014-01 in Section 27 and authorize the
Mayor and City Clerk to execute all related Lease Agreements. This Special Use Permit is subject to the
following conditions:
1. Antenna groupings shall match the water tower in color and shall not extend above the top of
the tower.
2. The applicant shall abide by all lease agreement requirements.
3. No outside storage shall be permitted.
4. All applicable City Code requirements.
Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING
PRELIMINARY PLAT /GREAT OAKS ADDITION
Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment, Great Oaks
Addition /Robert Engstrom Companies, changing the land use from D -III (Mixed Residential, 6-12 Units /Acre)
to D -I (Single Family), a Rezoning of approximately 17 acres from R -4 within The Woodlands North Planned
Development to R -1 (Single Family), and a Preliminary Plat consisting of 29 Lots located west of Elrene Road
in the NE 1/4 of Section 14. Mayor Egan indicated that the applicant had requested a continuance to the May
5, 1992, regular City Council meeting.
Pawlenty moved, Awada seconded, a motion to continue to the May 5, 1992, regular City Council
meeting the comprehensive guide plan amendment, rezoning and preliminary plat for Great Oaks Addition,
Robert Engstrom Company. Aye: 5 Nay: 0
........... ...............................
A.M.
SIDEYARD SETBACK VARIANCE /NORTH SAFARI COURT
Mayor Egan introduced this item as a Variance for Steph -An Homes, of 8" to the required 10' sideyard
setback for a home located at 4875 North Safari Court, in the SW 1/4 of Section 32. Director of Community
Development Runkle explained the application. He noted that several alternatives had been suggested, however,
the applicant felt it important to keep the lines of the house intact and wished to proceed with the variance
request.
Jeff LaCroix, the homeowner, said he had talked to his neighbors and none were opposed to the
application.
Wachter moved, McCrea seconded, a motion to approve a variance of 8 inches to the required 10 foot
sideyard setback for Steph -An Homes for a home located at 4875 North Safari Court subject to the following
conditions:
J4. .. w
Page 6 /EAGAN CITY COUNCIL MINUTES
April 21, 1992
1. The building addition shall match the existing building.
2. No other variances shall be granted for this property.
3. All applicable City Codes shall be adhered to.
Mayor Egan said he has indicated in the past that variances are typically not granted unless there is a
hardship. He said there are no topographical problems involved with the lot and staff had suggested alternatives.
He said he could not support the application.
Councilmember McCrea said that the original placement of the house had dictated the variance; there
is no place else to go but into the setback.
Aye: 4 Nay: 1 (Egan)
CONDITIONAL USE PERMITS /OUTDOOR SALES OR STORAGE
MOTOR VEHICLE SERVICE /MOTOR FUEL SALES
Mayor Egan introduced this item as a Conditional Use Permit for Robert Zimmerman, to allow outdoor
sales or storage of motorized vehicles, motor vehicle repair or service, motor fuel sales, and a pylon sign on Lot
5, Block 1, Letendre 2nd Addition, located along the east side of Highway 13, north of Yankee Doodle Road
in the SW 1/4 of Section 9. City Administrator Hedges read the applicant's letter withdrawing his request for
a conditional use permit.
After expressing their disappointment, McCrea moved, Wachter seconded, a motion to acknowledge the
withdrawal of a conditional use permit application, Robert Zimmerman, for Lot 5, Block 1, Letendre 2nd
Addition, and encouraged staff and the Economic Development Commission to contact the applicant. Aye: 5
Nay: 0
PLANNED DEVELOPMENT AMENDMENTS /CRAY RESEARCH
Mayor Egan introduced this item as Planned Development Amendments, Cray Research, eliminating
approximately 21 acres from the Laukka Beck Planned Development and adding it to the Cray Research Planned
Development located north of Lone Oak Road in the South 1/2 of Section 1. Mayor Egan indicated the item
had been requested for continuance.
McCrea moved, Pawlenty seconded, a motion to continue to the May 5, 1992, regular City Council
meeting the planned development amendments for Cray Research for their property located north of Lone Oak
Road in the S 1/2 of Section 1. Aye: 5 Nay: 0
FOOTING AND FOUNDATION PERMIT /ELEMENTARY SCHOOL #17
Mayor Egan introduced this item as an application for a footings and foundation permit for ISD #196's
Elementary School 17. Councilmember McCrea expressed continued frustration with #196's School Board and
the inability to resolve the parking issue at Eagan High School.
Page 7 /EAGAN CITY COUNCIL MINUTES
April 21, 1992
After additional discussion, McCrea moved, Awada seconded, a motion to deny the issuance of a footing
and foundation permit to Independent School District 196 for Elementary School #17 with the issue to be
addressed again at final plat. Aye: 5 Nay: 0
Wachter moved, Egan seconded, a motion to approve the checklist dated April 20, 1992, in the amount
of $14,481.55 and the checklist dated April 21, 1992, in the amount of $411,773.20. Aye: 5 Nay: 0
The City Council adjourned the regular meeting to an executive session to consider attorney /client
privileged information at 9:10 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, McCrea,
Pawlenty and Wachter, City Administrator Hedges, and City Attorney Sheldon. The executive session was
adjourned at approximately 9:40 p.m.
KF
ITY O EAG
01!n City Clerk