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06/18/1987 - City Council Special X237 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL June 18, 1987 A special meeting of the Eagan City Council was held on Thursday, June 18, 1987, at 6:45 p.m., at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Egan, Smith, Ellison and Wachter. Also present was City Administrator Hedges. BRIDLE RIDGE REVISED PRELIMINARY PLAT City Administrator Hedges stated that the revised preliminary plat for the Bridle Ridge Addition was continued from the June 16, 1987 City Council meeting, to allow Sienna Corporation to verify the sales prices and review the restrictive covenents to properly ensure a balance of executive housing for the proposed Bridle Ridge Addition. Mr. Rod Hardy, representing Sienna Corporation; and Dave Sellergren, legal counsel for the Sienna Corporation appeared and presented a letter outlining the minimum sale prices that are guaranteed for the proposed Bridle Ridge Addition. Mr. Hardy stated that the builders and Sienna Corporation are willing to meet the City Council's desire to provide a certain mixture of executive housing that will begin at $170,000 within the subdivision. Mr. Hardy further stated that all lots have been committed to builders and it would not be feasible to amend the restrictive covenants requiring a minimum house size for all types of dwellings to be constructed in the Bridle Ridge Addition. The City Administrator stated that his office has reviewed criteria for establishing executive housing in other subdivisions and according to the developers of the proposed Royale Addition, Safari Estates and Chatterton Ponds, minimum sale price guarantees are more effective than restrictive covenants. Mr. Hardy assured the Council that sale prices would be indicated in the development agreement as a part of the final plat approval for Bridle Ridge. In a motion by City Councilmember Ellison, seconded by City Councilmember Egan, with all members voting in favor, the preliminary plat as revised for the Bridle Ridge Addition was approved with the understanding that a certain number of homes be sold at a minimum of $170,000 to preserve the executive housing requirement set forth by the City Council for the Bridle Ridge Addition. MODEL HOME PERMITS/BRIDLE RIDGE ADDITION Mr. Rod Hardy also requested model home permits for 12 lots in the proposed Bridle Ridge Addition. In a motion by City Councilmember Egan, seconded by City Councilmember Wachter, with all members voting in favor, model home permits were allowed for 12 lots to be issued to nine (9) builders in the Bridle Ridge Addition according to any and all conditions set forth by the City staff and according to all provisions within the Eagan City Code. VARIANCE/MARK AND CARLA FREDRICKSON Mr. Mark Fredrickson appeared and requested consideration by the City Council for a variance allowing an addition to their home that would give the lot 22% coverage which is 2% over the 20% lot coverage allowed for Lot 5, Block 3, Cedar Grove No. 2. Mr. Fredrickson apologized for not being present at the June 16 City Council meeting, however, was under the understanding that his presence was not required for the variance action. After City Council review, and in a motion by City Councilmember Wachter, 00238 seconded by City Councilmember Ellison, with all members voting in favor, a variance was granted to Mark and Carla Fredrickson for the purpose of providing a 22% lot coverage which is 2% greater than the 20% lot coverage allowed for an addition to a home located at 4247 Moonstone Drive and described as Lot 5, Block 3, Cedar Grove No. 2. JOINT BURNSVILLE/EAGAN CITY COUNCIL MEETING All members of the Burnsville City Council appeared and met with the entire Eagan City Council membership for the purpose of discussing operating procedures and policies of the Joint Burnsville Eagan Cable Commission. Mayor Dan McElroy spoke on behalf of the Burnsville City Council and outlined several issues for discussion by the joint councils and later in the meeting for a presentation to the Joint Burnsville/Eagan Cable Commission. Burnsville Mayor McElroy outlined the issues as public access, legal counsel to the Cable Commision, role of the Cable Administrator and a review of the Joint Powers Agreement. Eagan City Councilmember Smith stated that he would like to add discussion of the franchise fees, recording of minutes, free cable, travel and insurance to the list of issues. City Councilmember Smith also indicated that copies of the cable budget are available for distribution and review by all City Councilmembers present. At the leadership of Burnsville Mayor Dan McElroy and Eagan City Councilmember Jim Smith the following issues with appropriate direction were fully discussed and concurred by members of both City Councils: 1. Joint Powers Agreement - Agreement was reached by both City Councils that the cities of Burnsville and Eagan should remain in charge of all activities of the commission and further that the commission is advisory and should not be allowed to make policy. 2. Cable Administrator - It was reaffirmed that the Cable Administrator should be accountable to the Eagan City Administrator and Burnsville City Manager. 3. Franchise Fees - There was a discussion as to whether franchise fees should be used for cable related purposes only or expanded to other general government uses. There was a strong consensus of both communities that the fees should be used for cable related expenses only. 4. Legal Counsel for the Cable Commission - It was determined that Tom Creighton, legal counsel for the Joint Cable Commission, should not be present at all meetings and further that he should not recommend policy for review by the Joint Cable Commission for later ratification by the City Council. His attendance at Joint Cable Commissions will occur when asked specifically by the Cable Administrator or at the request of a member of the commission through the Cable Administrator. 5. Non for Profit Public Access - It was determined that no action would be taken regarding the non for profit public access being considered by the Joint Cable Commission until after their presentation. 6. Minutes - It was determined that the Cable Administrator would take all minutes and that minutes would be action minutes only. 7. Free Cable - It was determined that no advisory cable commission member should receive any free cable while serving as members of the commission. of 239 8. Travel - It was generally agreed that the Cable Administrator could attend the appropriate statewide meetings and one out of state conference per year and members of the Joint Cable Commission could attend the appropriate statewide meetings. 9. Insurance - A question was raised as to why the Cable Commission is required to have liability insurance. City Councilmember Ellison stated that the legislature has exempted volunteers and questioned whether liability insurance is necessary. It was agreed by members of both City Councils that Burnsville Mayor Dan McElroy would brief the Joint Cable Commission on the aforementioned issues once they meet at 8:15 p.m. JOINT BURNSVILLE EAGAN CABLE COMMISSION AND BURNSVILLE/EAGAN CITY COUNCIL DISCUSSION REGARDING CABLE TELEVISION Members of the Burnsville/Eagan Cable Commission, all members of the Burnsville and Eagan City Councils, Burnsville City Manager Linda Barton, Eagan City Administrator Tom Hedges, Cable Administrator Ralph Campbell, Burnsville Administrative Assistant Steve King and the Cable Legal Counsel Tom Creighton were present to review policies and procedures for the Joint Burnsville/Eagan Cable Commission. Chairman Jim Glish and Chairman elect Paul Wood of the Burnsville/Eagan Cable Commission presented a brief history and status of the Joint Commission and further discussed the merits of a non for profit public access commission that would accomplish the telecommunication needs for both communities. Following a 20 - 30 minute formal presentation by Commission members Glish and Wood, Burnsville Mayor Dan McElroy presented all the issues discussed at the Joint Burnsville/Eagan City Council meeting held earlier in the meeting for the purpose of discussing operations and procedures of the joint commission. As Mayor McElroy explained and presented the various issues, members of the commission did raise questions and concerns regarding who the joint cable commission should report to, whether it is the Cable Administrator or City Councils. Regarding the free cable, members of the commission stated that each member of the commission receives a certain premium service at no cost, allowing the commission an opportunity to properly monitor cable programming. It was related to the City Councils that all members of the commission did not receive all premium services and basic services free of charge. There was also a question raised by the commission regarding the necessity for advisory members of the commission to attend out of state conferences and asked the City Councils to give further consideration to allowing their attendance. After a brief discussion, it was generally concurred by both City Councils that attendance at out of state conferences would be given consideration on a case by case basis for advisory commission members. Following a review and further discussion of all items relating to the operations of the advisory Burnsville/Eagan Joint Cable Commission, it was agreed by both City Councils that another joint meeting would be held at some time in the near future to further discuss the aforementioned issues and any other matters pertaining to the joint commission. Members of the City Councils praised the Joint Burnsville/Eagan Cable Commission for their commitment and willingness to volunteer their time in monitoring cable operations. 00240 PERSONNEL/HIRING OF POLICE RECEPTIONIST City Administrator Hedges stated that a final selection and recommendation for filling a vacancy for the Police Receptionist was not ready for the June 16, 1987 City Council meeting. He stated that it is the recommendation of Police Chief Berthe that Laurel Larson be hired as Police Receptionist to begin on June 22, 1987. In a motion by City Councilmember Wachter, seconded by City Councilmember Eagan, with all members voting in favor, Laurel Larson was hired as the Police Receptionist to begin her employment on June 22, 1987. ADJOURNMENT There being no further business, the meeting was adjourned at 10:15 p.m. TLH June 18, 1987 ~Y c Dated City Clerk