03/21/1995 - City Council Special
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MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
March 21, 1995
A special meeting of the Eagan City Council was held on Tuesday, March 21, 1995 at 5:00 p.m. at
the Eagan Municipal Center. Present were Mayor Egan and Counciimembers Wachter, Awada, Masin and
Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy
Reichert, Director of Public Works Tom Colbert, Assistant to the Administrator Holly Duffy, Assistant to the
Administrator Jon Hohenstein, and Parks and Recreation Director Ken Vraa.
CAPONI ART PARK
After a brief introduction by Administrator Hedges, Counclimember Awada stated that the purpose
of this meeting is to decide where to go from here, both short and long term. She indicated that what is
In dispute Is a 1990 resolution wherein it says the city will 'take a leadership role' in establishing the
foundation. She stated she feels the city made a good faith effort to do that but has been unable to.
Councilmember Hunter added that the words 'take a leadership role" can be interpreted a number of
different ways; however it does not say the city will buy the land.
Tony Capons stated that the subject matter Is money, the problem is how to get it, and the time Is
now. He feels further discussion is needed. The corporation and foundation are two different things. He
said he has met all of the city's requests, noting however that he doesn't have the entrance from the top
of the park. He expressed his frustration in dealing with five different people with five different ideas. He
needs to know what the Council is willing to do. He stated that he has approached many people about
raising funds for this, but the problem is his ownership of the land. He feels it is unfair that he has to spend
so much money on attorneys and engineers. He would like incentive money from the city to encourage
people to do the same. He feels the city should take the initiative.
Councilmember Masin summed up the Issues as being the transfer of land, and getting a board or
executive director. Mayor Egan concurred, noting the city doesn't have the financial resources to buy the
land. Councilmember Hunter indicated a trust needs to be established, and the trust will pay for the land.
Mayor Egan suggested that a period of time be established to develop the land for park purposes, and If
the funds aren't raised, the property could revert back to Mr. Caponi. He asked what kind of public process
was established on this project. Parks and Recreation Director Vraa indicated that the neighbors were
notified of the public hearing on the rezoning, but there wasn't a development plan at that time.
Councilmember Wachter indicated he has been Involved in this for a long time, but he was never
Informed that the city would buy this property. Councilmember Awada stated that the city will not buy the
land. Mayor Egan stated he feels the city has fulfilled what they said they would do. Councilmember Hunter
stressed that the Issue is money, and that an executive director needs to be hired.
Tony Caponi indicated he would like to have a collective statement of what will be done and when,
and then allow him Input on it. Mayor Egan stated that in order for this to work, both the city and Mr.
Caponi need to put their trust In the board and let them make the decisions. Discussion followed on what
type of decisions should be entrusted to the board, and how much involvement Mr. Caponi should have in
those decisions.
Mr. Caponi stated the city cannot consider the land a donation. He has already donated too much
time and work to the project. This is a very unique situation in that usually, these type of projects start with
someone donating the land.
Councilmember Awada suggested that Administrator Hedges prepare a written proposal that
addresses the Council providing funding for a limited time for the development and establishment of a
foundation for consideration by the City Council at their April 4 meeting.
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EAGAN SPECIAL CITY COUNCIL MINUTES; MARCH 21, 1995
PAGE 2
Mayor Egan stressed that Mr. Caponi needs to hire professionals to deal with the legal and land use
planning Issues. Some discussion followed concerning what would need to be done to set up the
foundation. Councilmember Hunter stressed that at the April 4 City Council meeting, the city will consider
a proposal to get the foundation started. However, the city will not donate any money to the foundation.
PARK ACQUISITION/BORCHERT INGERSOLL TAX FORFEITURE
Administrator Hedges gave a synopsis of what has happened on this Item to date. Parks and
Recreation Director Vraa explained the land swap proposed by Gopher Smelting, which was requested to
preserve some of this property for future expansion. He indicated that special legislation was Introduced,
and an amendment to that bill to accommodate this land swap will be introduced. This amendment will give
the city the right to swap the property; and also give the city the authority to condemn the outlot to allow
Gopher Smelting to expand.
John Kuehn, of Leonard Street & Deinard, Indicated Gopher Smelting is waiting for city approval to
go ahead with this amendment to the legislation. Administrator Hedges noted that the county wants to
make sure that the land swap will still be used for public purposes, and that the swap is for equal valued
property. The Council consensus was to approve the recommendation of the Advisory Parks, Recreation
and Natural Resources Commission.
KOLLOFSKI'S ADDITION - SOUND INSULATION
Assistant to the Administrator Hohenstein explained that the Metropolitan Airport Commission Is
ready to go forward with sound insulation in Kollofski's Addition, and a question arose as to whether the city
should be improving homes that are non-conforming uses. He indicated that the city has a policy that it
won't improve the value of nonconforming uses, but has another policy to Improve sound Insulation of
homes affected by airport noise.
Community Development Director Reichert explained her reasons for questioning whether these
homes should be sound insulated, Indicating this area would likely be redeveloped as commercial or
industrial in the future. She noted she has been contacted by one of the property owners In this area, who
is interested in putting an addition on his home. He didn't understand why he couldn't make an addition
when he was having noise insulation done.
Mayor Egan stated he feels sound insulation is an environmental issue, but expanding or improving
the property is a different matter.
Community Development Director Reichert pointed out that there isn't enough money to noise
Insulate all of the homes in Eagan that are affected, and there are some areas that could use this insulation
that will be long term residential property.
Mayor Egan noted that the city led the people in this area to believe that this noise insulation would
be done. He didn't believe that they could renege on this prior commitment; however he noted this is being
done for sound attenuation purposes only, and that the non-conforming use ordinance applies in all other
respects to these properties. Councilmembers concurred.
CEDARVALE UPDATE
Community Development Director Reichert explained that as a part of the overall redevelopment
plans for the Cedarvale area, a pole sign is being considered adjacent and visible from the Cedar freeway
to attract more business. She Indicated that it would have to be 80 feet high In order to be visible, and
would be as large as a billboard. The city would own this sign. She indicated she feels the business owners
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EAGAN SPECIAL CITY COUNCIL MINUTES; MARCH 21, 1995
PAGE 3
In this area should form a steering committee for the special service district to serve as an advisory group
to the City Council. They can also request a conditional use permit and variance for the sign.
Councilmember Awada spoke in favor of this sign. A variance now could save the city a lot of
redevelopment money in the future. Councilmember Hunter concurred.
Counclimember Wachter expressed some reservations about this sign. He feels Cedarvale needs
to have businesses that people demand. He doesn't feel a sign Is going to make any difference.
Councilmember Masin suggested trying to use existing billboards before putting In a separate sign,
and Community Development Director Reichert responded that it would be very expensive to do that. She
noted it won't be an advertising sign; it is an Identification sign.
Mayor Egan stated he supports the Idea of a sign, but feels it has some drawbacks. He doesn't
think the task force went far enough in their study of this area. He feels that Cedarvale's long term
economic viability may not be as a retail area and that more fundamental modifications to the area may be
needed in the future. He also expressed a concern about others wanting a sign variance If the Council
allows this one.
Community Development Director Reichert indicated she will need to go back to the business
owners and see if they are willing to pay an assessment for this sign. The Council indicated It would support
a variance for the sign if the business owners felt the sign was a good Idea.
The meeting recessed at 6:30 p.m. for the regular City Council meeting. The meeting reconvened
at 9:45 p.m., following adjournment of the City Council meeting.
DEVELOPMENT UPDATE
Community Development Director Reichert gave a brief update on pending developments in the
community, Including the central area proposal, the southeast Industrial study, negotiations with Inver Grove
Heights on the joint powers agreement, and several other pending developments..
The meeting adjourned at 10:00 p.m.
DLP
March 21, 1995 6A6
Date Cityerk