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01/06/1998 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE 00001 EAGAN CITY COUNCIL Eagan, Minnesota January 6,1998 A regular meeting of the Eagan City Council was held on Tuesday, January 6,1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Councilmember Masin moved, Councilmember Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE DECEMBER 16,1997 REGULAR MEETING Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE DECEMBER 16,1997 SPECIAL MEETING Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THENOVEMBER 25,1997 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS SELECTION OF AQUATIC FACILITY CONSULTANT City Administrator Hedges provided an overview on this item. He stated that four consulting firms were interviewed and it was the committee's recommendation to select the firm of Water Technology, Inc. He added that this is the first step in determining the feasibility of an aquatic facility. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the hiring of Water Technology, Inc. as the consulting firm for the aquatic facility for the City of Eagan. Aye: 5 Nay: 0 CONSENT AGENDA In regard to Item Al, the hiring of Michael Maddio as an Engineering Technician, Councilmember Wachter asked for more information on the duties of this position and whether or not the position had been planned for. Director of Public Works Colbert explained that this person will be filling a vacancy created by a previous retirement. In regard to Item C, Authorize plans and specifications, Civic Arena addition/second sheet of ice, Councilmember Wachter asked about the soil conditions. Director of Parks and Recreation Vraa said that the soil conditions were better than the soil borings had previously indicated. He commented on the favorable bids received for steel and pre-cast. In regard to Item D, Confirmation of Findings of Fact, Conclusions & Resolution of Denial, Ton Paul Herbst (Cain Addition) located at 2890 Skyline Drive in the SW 1/4 of Section 4, Councilmember EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 2 00002 Blomquist asked how this item should be handled since a reconsideration request by Mr. Herbst was scheduled as Item C of Old Business. City Administrator Hedges indicated that these items are two distinctively different issues and could either be acted upon individually or the findings could be continued for further discussion with the item under Old Business. Councilmember Awada asked if there was a problem with regard to the timeframe for action. City Administrator Hedges stated that the developer has the right to waive the time stipulation. Councilmember Blomquist moved, Councilmember Awada seconded a motion to continue the confirmation of Findings of Fact, Conclusions & Resolution of Denial for Jon Paul Herbst (Cain Addition) for discussion with Item C of Old Business. Aye: 5 Nay: 0 In regard to Item F, Approve application and investigation fees for Adult Use and Adult Companionship/Escort Services Provider Licenses, Mayor Egan inquired about the accuracy of the investigation and application fees. Chief of Police Geagan stated that the fees were accurate. In regard to Item H, Amend final assessment roll, Project 687 (Biscayne Avenue - Street & Utility Improvements), Councilmember Blomquist stated that she would be voting against this item. She added that there are problems with the City's assessment policy. In regard to Item J, Approve Thorson-Cornwell Co. Assessment Settlement Agreements - Projects 682 and 718, Councilmember Blomquist said that she would also be voting against this item because there are problems with the City's assessment policy. In regard to Item K, Resolution to submit Mighty Kids Grant to Amateur Sports Commission, Councilmember Blomquist asked for further information on this item. Director of Parks and Recreation Vraa explained what the grant money will be used for. A. Personnel Items Item 1. It was recommended to approve the hiring of Michael Maddio as an Engineering Technician. Item 2. It was recommended to accept the letter of resignation from Kelley Janes from his position as Utility Supervisor. Item 3. It was recommended to accept the letter of resignation from Howard Favilla from his position as Building Maintenance Supervisor. Item 4. It was recommended to approve the hiring of Chad Brown, Kim Campbell, Kyle Cloutier, Jennifer Griffith, Andrew Halverson, Patrick Manning, Vincent Margens, Scott Prady, Mike Warner and Kerry Wollin as part-time seasonal winter sports officials for adult boot hockey, men's broomball and co-rec broomball leagues. Item 5. It was recommended to approve the hiring of Mike Kremenak and Tricia Larson as part-time seasonal winter recreation leaders. Item 6. It was recommended to approve a reorganization within the Planning Division which includes the elimination of a Senior Planner position, the downgrading of an Associate Planner position to a Code Enforcement Technician position and an expansion of the current part-time GIS Intern position to a full- time regular GIS/Computer System Technician position. B. Approve Ski Trail Grooming Agreement. It was recommended to approve an agreement with Dakota County Parks for cross country ski trail grooming and authorize the Mayor to sign. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 3 00003 C. Authorize plans and specifications, Civic Arena addition/second sheet of ice. It was recommended to approve plans and specifications for the Civic Arena Addition and authorize advertisement for bids. D. Confirmation of Findings of Fact, Conclusions & Resolution of Denial, Ton Paul Herbst (Cain Addition) located at 2890 Skyline Drive in the SW 1/4 of Section 4 (This item was continued by motion for further discussion with Item C of Old Business: Blomquist, Awada; 5:0 and subsequently continued to the January 20,1998 City Council meeting: Awada, Masin; 5:0) E. Approve National League of Cities membership for 1998. It was recommended to approve City membership in the National League of Cities for 1998 as presented. F. Approve application and investigation fees for Adult Use and Adult Companionship/Escort Services Provider Licenses. It was recommended to approve the application and investigation fees for adult use and adult companionship/ escort services provider licenses. G. Approve license agreement, drainage & utility easement within Lot 10, Block 4, Eagandale Center Industrial Park No. 4. It was recommended to enter into a lease agreement with the Jeske Company to allow the construction and maintenance of private storm sewer on City property. H. Amend final assessment roll, Project 687 (Biscayne Avenue - Street & Utility Improvements). It was recommended to amend the final assessment roll for Project 687 (Biscayne Avenue) based on the appraised benefit amounts and authorize its certification to Dakota County for collection. (Councilmember Blomquist opposed) I. Contract 95-EE, acknowledge completion/authorize City maintenance (Deerwood Townhomes - Utilities). It was recommended to acknowledge the completion of Contract 95-EE (Deerwood Townhomes Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. J. Approve Thorson-Cornwell Co. Assessment Settlement Agreements - Projects 682 and 718. It was recommended to approve the Thorson-Cornwell assessment settlement agreements for projects 682 and 718. (Councilmember Blomquist opposed) K. Resolution to submit Mighty Kids Grant to Amateur Sports Commission. It was recommended to 98-1 approve a resolution to submit a Mighty Kids Grant in the amount of $12,109 to the Minnesota Amateur Sports Commission. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA SPECIAL CITY COUNCIL MEETINGS FOR JANUARY Councilmember Masin moved, Councilmember Awada seconded a motion to approve Special City Council meetings for January 13, 20 and 27, all beginning at 5:00 p.m. Aye: 5 Nay: 0 City Administrator Hedges commented on the area code change and stated that the new area code for Eagan will be 651. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 4 00004 PUBLIC HEARINGS EASEMENT VACATION, SANITARY SEWER EASEMENT WITHIN OUTLOT A, ROBINS ADDITION City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve the vacation of a public easement within Outlot A, Robins Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS INITIATION OF A REQUEST FOR SPECIAL LEGISLATION ALLOWING AN INCREASE TO THE NUMBER OF ON-SALE LIQUOR LICENSES AVAILABLE TO BE ISSUED City Administrator Hedges provided an overview on this item. He said that if the current market demand continues the City will be out of on-sale liquor licenses before the federal census would make an adjustment in the year 2000. He noted that Al Baker had submitted a letter to the City Council, but was unable to attend this evening's meeting. Councilmember Wachter asked how many liquor licenses are available and the number of additional licenses that are being requested. Director of Finance/City Clerk VanOverbeke stated that 23 of the 26 licenses have been issued. He added that there are a couple of outstanding applications. He provided an explanation on the special legislation with regard to the 2000 census. He said it seems appropriate to avoid competition for a valuable resource. He further said it may be best to have more licenses available than the market might necessitate. Councilmember Awada agreed that if the City limits the number of liquor licenses they will become a valuable commodity. She said the market dictates the need for the number of licenses. She further said that it is not appropriate for the City to control the market in this situation. Councilmember Blomquist said that the state law has been very specific with regard to liquor licenses and opening them up because the market dictates is not appropriate. She said she is very concerned with how many licenses there are in the City, the types of businesses they have been issued to and how they are affecting the community. She further said she feels uncomfortable going to the legislature to request an increase in the number of licenses. She added that the City could hold out successfully and she would prefer to wait until the time of the new census and put the formula back in place. Mayor Egan said he was in agreement with Councilmember Awada. He stated that the City Council just recognized Mr. Baker for the number of years in the restaurant business in this region He added that he is well-respected and deserves a tremendous amount of credit for all that he has done. He said that this industry is very important in the City of Eagan and the City Council needs to protect the public good by promoting as much competition and opportunity as possible. He added that he would prefer to remove the threat of a possible monopoly on a valuable commodity such as liquor licenses. Councilmember Masin stated that she wants to preserve at least one, if not two, liquor licenses for a full service hotel until the end of 1999. She further stated that she has no problems trying to minimize EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 5 00005 further development and would prefer to accommodate the businesses that are already in the City. She asked if it is worth going to the legislature for a few extra licenses when the census is only two years away. Councilmember Awada stated that the census figures will not be available until at least a year after the census. Mayor Egan said that the City would be restricted by whatever the census results are and would have to request additional licenses at that time. Councilmember Wachter asked how many additional licenses the City would be requesting. Mayor Egan said that the number would be dependent upon what Eagan's legislative delegation would be willing to carry. He added that the number must be reasonable and credible. Director of Finance/ City Clerk VanOverbeke stated that when the City previously requested special legislation for additional licenses they suggested ten and then decided to scale back to three because the City Council and legislative representatives were uncomfortable with ten. He noted that two years later the City had a problem again and additional special legislation changed the number from three to eight. He said that four would be a reasonable number and would provide some flexibility in the next few years. Councilmember Awada moved to approve a request for four additional liquor licenses. Mayor Egan said that he has been told that when the 16-screen theater is built in the City it is likely that one or two Class A restaurants will be proposed. Councilmember Masin said she was only willing to support a request for three additional licenses. Councilmember Awada amended her earlier motion, Councilmember Masin seconded the amendment to approve the initiation of a request for Special Legislation allowing an increase to the number of on-sale liquor licenses by three to be issued in the City of Eagan. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Mayor Egan noted that there have been questions raised about personal hardships certain businesses have faced as a result of the competition and that much of the competition has been from national chains. He stated that many of the restaurants in the City that have been issued liquor licenses are locally owned. Councilmember Wachter further amended the motion to change the number of requested liquor licenses from three to four. Councilmember Masin questioned what will prevent the City from asking for more licenses in 1999 and 2000. Mayor Egan noted that the legislative delegation does not like to make special requests for cities on a frequent basis. Councilmember Blomquist stated that the City Council does not have any data on the number of police calls to the current establishments in the City that have a liquor license. She questioned the impact these businesses have on the police department and the community. She said she would like further information. Mayor Egan commented that he has not heard of any problems. Councilmember Awada seconded the amendment to approve the initiation of a request for Special Legislation allowing an increase to the number of on-sale liquor licenses by four to be issued in the City of Eagan. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) BUILDING MOVE PERMIT, JIM SIMONET City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Masin asked if it would be possible to get the house certified as a historical building since the structure is going to be modified. Councilmember Wachter stated that the only change EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 6 ©00®6 proposed to the house is the replacement of the upstairs bedroom windows in order to meet code requirements. Councilmember Wachter moved, Councilmember Awada seconded a motion approve a building move permit to locate a 43' x 27two-story house and a 24' x 28' detached garage from 3555 Highway 149 to 3432 Highway 55, waiving the noise attenuation due to the historic nature of the home, subject to the following conditions: A building permit is required for the foundation and interior. 2. The house shall be modified to be consistent with the current building code. Aye: 5 Nay: 0 RECONSIDERATION OF APPROVAL FOR CAIN ADDITION - JON PAUL HERBST AND CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Jon Paul Herbst provided an explanation regarding his request for reconsideration. Mayor Egan suggested that Mr. Herbst meet with Mrs. Hill and the other neighbors so they understand his latest proposal. Councilmember Blomquist asked how much time the Council has before they need to take action. The applicant indicated he would be willing to waive the 120 day requirement and extend the timeframe an additional 60 days. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a reconsideration of the two-lot Cain Addition Preliminary Subdivision request for property located at 2890 Skyline Drive in the SW 1/4 of Section 4 at the January 20,1998 City Council meeting. Aye: 4 Nay: 0 Councilmember Awada moved, Councilmember Masin seconded a motion to continue the Findings of Fact, Conclusions and Resolution of Denial of the preliminary subdivision request by Jon Paul Herbst (Cain Addition) located at 2890 Skyline Drive in the southwest quarter of Section 4 to the January 20, 1998 City Council meeting with the understanding that Mr. Herbst has agreed to extend the timeframe an additional 60 days. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER 11, ENTITLED "LAND USE REGULATIONS" (ZONING) BY AMENDING SECTION 11.21 SHORELAND ZONING 98-2 City Administrator Hedges provided an overview on this item. Councilmember Wachter stated that he was amazed at the number of lakes in Eagan that are unnamed. He said this matter should be discussed with the Parks Commission. Councilmember Awada suggested that the History Committee consider this as an agenda item. Councilmember Awada moved, Councilmember Blomquist seconded a motion to direct the History Committee to consider names for lakes and wetlands. Aye: 5 Nay: 0 Mayor Egan noted that a lot of work has been done on this ordinance amendment and now it is much more user-friendly. Councilmember Blomquist extended thanks to those individuals who helped clean up the ordinance. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 7 00007 Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the adoption of an ordinance of the City of Eagan, Minnesota amending Eagan City Code Chapter Eleven entitled "Land Use Regulations" (Zoning) by amending Section 11.21 regarding Shoreland zoning regulations; and by adopting by reference Eagan City Code Chapter 1 and Section 11.19 and approve a resolution authorizing publication of a summary ordinance. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT & VARIANCES, JOHN YOUNG TO ALLOW A 150' FREE STANDING TOWER AND ANTENNA City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. John Young, applicant, stated that the Advisory Planning Commission did not have an opportunity to see his letter of December 31. He presented a map showing the current corridors and antenna locations. He stated that he has some ideas regarding getting companies to co-locate antennas on a single antenna and said he would like to present them at a future Council work session. He added that the area where the communication tower is proposed to be located is well screened. Councilmember Blomquist asked about the setbacks and why Mr. Young is requesting these variances. Mr. Young explained that the lot is small and is surrounded by industrial property to the north and south in addition to public facility property to the west. He said the most appropriate location for the tower is in the rear of the lot and added that there is adequate screening of the area. Councilmember Blomquist stated that the City Council recently completed the ordinance regarding communication towers and antennae and she noted they would be setting a precedence by granting these variances. Mr. Young said that a precedence has already been set because variances have been granted for some industrial properties. Councilmember Blomquist commented that this was done prior to the approval of the ordinance. Mayor Egan said that the Advisory Planning Commission has spent a great deal of time laboring over this ordinance and with the number of items anticipated for this year's Council work sessions he did not feel there is need for further discussion regarding communication towers. Councilmember Masin stated that she is concerned about the number of variances being requested and the fact that the APC denied this request and said she would prefer to deny this request or continue it until the APC gives further review and approval of the application. Councilmember Awada asked why it was necessary to grant a variance to the one-half mile radius for preferred co-location sites. Senior Planner Ridley stated that the nearby Sprint monopole only has a single user on it. He said this pole is a "preferred co-location" site and it is necessary to either provide a second co-locator on the pole or provide evidence why a second co-locator cannot be located on the pole. He added that the idea of co-location is to fully utilize the poles that are already in place before installing new poles within a half mile radius. Councilmember Wachter said that in the future these applications should be accompanied by engineering information. He asked Mr. Young if he had a company that was interested in this location. Mr. Young said it was only speculation. Councilmember Wachter asked if some of these cellular sites could be located on electric power poles. He commented on a power pole on the corner of Lexington and Yankee Doodle Road that extends 50 feet above the power lines. Senior Planner Ridley stated that locating antennae on existing electrical poles is occurring now. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 8 G0G'®8 Councilmember Wachter moved, Councilmember Masin seconded a motion to deny a Conditional Use Permit to allow a 150' tall communication tower monopole; a Variance to the one-half mile radius for Preferred Co-Location sites; and a Variance of 10' to the required 20' sideyard setback and a Variance of 40' to the 50' required rear yard setback to be located on Lot 3, Block 2, Hally's Addition east of Biscayne Avenue in the SE 1/4 of Section 36 and directed the preparation of Findings of Fact for Denial for the January 20,1998 City Council meeting. Aye: 5 Nay: 0 Councilmember Awada stated that she feels Mr. Young is on the right track and encouraged him to continue in this direction, but she added the reason the Council is not in favor of his application is because of the number of variances being requested. REZONING - ARTIFACTS GRAPHICS SERVICES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter commented that the applicant's business sign was installed prior to City Council approval. He said that he is concerned that applicants may get their hopes up in anticipation of Council approval, which may or may not occur. Councilmembers concurred that this business is a great use for this property. Councilmember Masin moved, Councilmember Blomquist seconded a motion to approve a Rezoning from Agricultural to Limited Business for a one-acre parcel identified as P.I.D. #10-10000-060-75 located on the west side of Lexington Avenue north of Yankee Doodle Road at 3345 Lexington Avenue in the SE 1/4 of Section 10. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - NATIONWIDE GROUP City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Councilmember Wachter seconded a motion to allow outdoor storage of rental trucks for the Acorn Mini-Storage facility which is under construction at 2935 Lexington Avenue (Lot 2, Block 1, Eagandale Center Industrial Park No. 10) on the northwest corner of Lexington Avenue and Lone Oak Road in the SE 1/4 of Section 3 subject to the following conditions: No more than four rental moving trucks shall be stored on the site. Storage of the rental trucks shall be only in the location shown on the site plan dated 11/19/97 and shall be enclosed by the fence around the development. 2. Concrete curb and gutter shall be installed on the outside edge of the storage area. 3. The storage area shall be a minimum of 10 feet wide to accommodate the truck storage without interference to the drive aisle. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - TRANSPORT 21, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter stated he was concerned about the pending assessments on this parcel. Director of Public Works Colbert provided an explanation regarding the pending assessments and stated that they are not a condition of approval. He noted that the information is provided in the staff report as a benefit to the applicant so they are aware of their full financial obligation. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 9 00009 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an amendment to the existing Conditional Use Permits to allow leasing of trucks and outside storage of trucks by someone other than the property owner at 920 Aldrin Drive subject to the following conditions: 1. This conditional use permit amendment allows leasing, service, and outside storage of up to 20 trucks by someone other than the property owner. This is in addition to the storage of 50 trucks approved for the property owner. 2. All repairs and maintenance (including washing) of trucks and trailers must occur inside the building. 3. All signage must meet the requirements of the sign code (City Code Chapter 4) 4. All other conditions of the original CUPs for this property shall apply. 5. The conditional use permit amendment shall be recorded at Dakota County with documentation provided to the City. Aye: 5 Nay: 0 REQUEST BY CAPONI ART PARK TO SUPPORT PROPOSED LEGISLATION GRANTING SPECIAL TAX AND SPECIAL ASSESSMENT TREATMENT OF A 60-ACRE TRACT OF PROPERTY AT 1215 DIFFLEY ROAD City Administrator Hedges provided an overview on this item. David Kennedy, President of the Caponi Art Park Board of Directors, stated that the goal of their corporation is to acquire the park and carry out the visions and dreams of Mr. Caponi. He explained the purpose of the proposed legislation. He said that they met with the County Board today and they continued action until after the City Council's action, but he added that they appear to be in support of the legislation. Councilmember Wachter stated that two years ago the suggestion was made to the Caponis to move the parking lot to the south side and sell the remainder of the property. He noted that the City has a lot of obligations pending and has given significant input to the foundation for a long time. He added that it was hoped that this issue would have been resolved two years ago. Mr. Kennedy said he believes this is the last step to resolving the issue. Councilmember Wachter stated that he does not have anything against the program, but feels things have been circumvented and said there are many property owners in Dakota County with green acres status that would like the same treatment. He noted that some churches would also like to be granted deferments. He questioned the feasibility of granting this request. Councilmember Masin stated that Mr. Kennedy's enthusiasm and commitment is appreciated. She said that the art park is an important resource for the community and commented that she was excited to see other levels of government and organizations taking an interest in this also. Councilmember Masin moved, Councilmember Awada seconded a motion to approve support of proposed legislation to be presented to the Minnesota State Legislature which would continue "Green Acres" treatment for the 60 acre tract of property at 1215 Diffley Road known as the Caponi Art Park for special assessment purposes for five years, which would provide taxation on the property under an agricultural classification for five years, and which would provide that if the property or any portion of it were, during the five year period, conveyed to anyone other than Ms. Caponi, a child of Ms. Capon or a non-profit corporation, all deferred special assessments would be payable with interest and the taxing EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 10 000'10 districts would "recapture" the tax differential between the agricultural classification and the appropriate classification otherwise assignable to the property. Councilmember Blomquist said she was concerned about setting a precedent by giving approval to this request. She added that with regard to the failed park bond referendum there are people concerned that this may be another way of circumventing that process. Mayor Egan commented that the people spoke loud and clear that they did not want the City to use public taxpayer dollars to buy the land, but that does not prevent the City Council from being creative in coming up with other alternatives and creative opportunities to try and enhance the ability of this foundation in trying to acquire the land. He noted that the foundation is only asking for a temporary deferral of the taxes which will ultimately be repaid. He said that with regard to precedence, if another entity were to offer the same kinds of amenities as the art park he would then seriously consider that. He added that he has not heard of any churches making the same request. He further added that churches have well-established budgets and factor in the cost of the assessments. Councilmember Wachter stated that Trinity Lutheran Church and St. Thomas Becket both requested deferral of their taxes. Dakota County Commissioner Patrice Bataglia stated that the County Board has a policy to respect the local jurisdictions of cities and townships and allows them to take action before the Board takes action. She noted that the discussion at the County Board today regarding the request for special legislation was extremely favorable. She said she appreciated the City of Eagan for taking responsibility and acting to support the arts in the community. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Wachter opposed) ORDINANCE AMENDMENT - CHAPTER 6, INDIVIDUAL COMPANIONSHIP/ESCORT SERVICES PROVIDER LICENSING City Administrator Hedges provided an overview on this item. Councilmember Awada moved, Councilmember Masin seconded a motion to approve an ordinance amendment to Chapter 6, Individual Companionship/ Escort Services Provider licensing. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER 10, POTENTIALLY DANGEROUS AND DANGEROUS DOG City Administrator Hedges provided an overview on this item. Councilmember Blomquist stated that she heard a commentary about the largest number of accidents which are dog bites. She said it is important for the Council to approve this ordinance amendment. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve an ordinance amendment to Chapter 10, Potentially Dangerous and Dangerous Dog. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS City Administrator Hedges mentioned that the Dakota County League of Governments has made a decision to proceed ahead with the annual breakfast presentation to the Dakota County legislative delegation. He said that the Dakota County Mayors Group reviewed the proposed presentation at their last meeting and agreed it was effective and they encouraged each City Council to be more active in meetings with their own legislative delegation to discuss common issues. He added that he will try to arrange to have the three members of the Eagan delegation attend a City Council work session in EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 11 00611 February. He further added that following the work session they would have an opportunity to address the community at the regular City Council meeting. Councilmember Masin suggested that the Metropolitan Council representative be invited to attend. Councilmember Masin mentioned that the Suburban Transit Association meeting to be held on January 14 is for the purposes of meeting with the legislators of all the suburban transit communities to provide an update on transit issues. Councilmember Wachter suggested that perhaps old rail tracks could be utilized. tOUNDTABLE Councilmember Wachter commented on the 8% increase to the property tax levy by the Metropolitan Council. He suggested that a letter be written to the Governor objecting to this increase by a non-elected Governor appointed authority and requesting an explanation and breakdown of the increase. Councilmembers concurred and said that the letter should also be sent to the chair of the Metropolitan Council and the legislative delegation. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to direct a letter to the Governor and our legislation expressing concern about the Metropolitan Council 8% property tax increase. Aye: 5 Nay: 0 Councilmember Awada mentioned that the Country Home Heights issue will be before the City Council at the next meeting and it will require a 4/ 5's vote by the Council. She indicated she would be voting against this item. Mayor Egan said he has an unavoidable, legal conflict of interest which results in only four Council members who will be eligible to vote. City Attorney Sheldon explained the state law would require a majority vote for approval. Mayor Egan commented on the signal light system in the City and stated that they appear to be operating inefficiently. Councilmember Wachter inquired if any information has been received regarding the use of low wattage red signal lights. City Administrator Hedges said he would check on the status of the information. Councilmember Blomquist said that she received a letter from the MPCA and asked for clarification as to why the NPDES permit is being removed. She also noted that she has been talking with the Millers and they are still concerned about Richfield Blacktop's conditional use permit. She said she feels this is an industrial use in a residential area. She added that she is meeting with the Millers and City Administrator Hedges tomorrow to discuss issues pertaining to the CUP. Councilmember Wachter commented on a letter that was received from Leo Murphy. He added that Building Official Doug Reid is proposing a meeting with Mr. Murphy and his sons. tHECIC REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated December 31, 1997 for 1997 expenses in the amount of $3,077,306.34 and the check register dated December 31, 1997 for 1998 expenses in the amount of $569,217.81. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 9:20 p.m. to an Executive Session for the purpose of considering a response to the collective bargaining proposal presented by the Public Works Maintenance group. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist, City Administrator Tom Hedges and City Attorney Jim Sheldon. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 6,1998 PAGE 12 00612 MLK January 6, 1998 _CMVj \/ Date 1? City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.