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08/10/2004 - City Council Special MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY AUGUST 10,2004 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff members present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Administrative Services Van Overbeke and Director of Public Works Colbert. I. ROLL CALL & AGENDA ADOPTION Mayor Geagan called the meeting to order. City Administrator Hedges requested that the City Council add to their agenda the consideration of the Municipal Cooperative Agreement with MnDDT for Project 859 (Lexington Avenue/TH55/Blue Gentian Road-intersection reconfiguration). Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the agenda as presented, and include the Municipal Cooperative Agreement as the first item of business. Aye: 4, Nay: 0 (Councilmember Carlson not yet present) II. VISITORS TO BE HEARD There were no visitors to be heard. III. MUNICIPAL COOPERATIVE AGREEMENT City Administrator Hedges introduced the item noting that the Municipal Cooperative Agreement with MnDDT is required in order to get funding from MnDDT for the project. Hedges added that the agreement must be approved before the bid advertisement. Councilmember Carlson arrived at 5:40 p.m. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the Municipal Cooperative Agreement with MnDDT for Project 859. Aye: 5, Nay: 0 Special City Council Minutes August 10, 2004 Page 2 of6 IV. LOCKHEED MARTIN STORM SEWER AGREEMENT / GRADING PERMIT Mayor Geagan thanked representatives of Lockheed Martin for being present and noted that he and City staff members have had previous meetings with Lockheed Martin over this issue. City Administrator Hedges introduced the item noting that during the fall of2000, the City entered into negotiations with Lockheed Martin (LM) to obtain right-of-way to accommodate Central Parkway. This involved incorporating several old easement and assessment agreements into a new comprehensive master agreement. Hedges added that in an effort to address storm drainage obligations, LM has never paid a storm water trunk assessment. It was agreed that no storm sewer assessments would be charged to LM until such time in the future when significant development or expansion of the LM property causing more impervious surface would occur. Hedges noted that in an agreement that was executed by both LM and the City of Eagan in December of 200 1, which specifically defined "significant development" to be: "an increase in the impervious surface area of the LM property in excess of 30,000 square feet." Hedges noted that LM is now proposing to shift and add parking to their corporate entrance to enhance property security, which according to conditions in the agreement has triggered the need to pay the trunk storm sewer charges of $302,481.73 (2004 rates). Public Works Director Colbert gave an overview of discussions held with LM thus far on the issue of the grading permit and storm water trunk assessments. Colbert noted that the City Attorney has opined that the agreement between the City and LM is being properly applied given the increase in impervious surface. Director of Administrative Services VanOverbeke provided background regarding the financing of the storm sewer trunk infrastructure within the City. VanOverbeke also summarized the corporations within Eagan that have paid the trunk storm sewer assessments. Kevin Darrenkamp, General Counsel for LM, presented LM's case regarding why the company believes they should not be required to pay the storm water trunk assessment charge. The City Council discussed LM's position, as well as the agreement that was executed between LM and the City in 2001. It was suggested by the Council that the assessment charge be amortized over a fifteen year period. There was City Council consensus that they would like to see an amortization plan in place for LM and that this issue needs resolution before the grading permit will be issued. The Council added that the permit will be issued contingent on LM's payment. V. CEDAR GROVE REDEVELOPMENT RFP DISCUSSION City Administrator Hedges introduced the item noting that on April 13, 2004, the EDA and City Council approved a Request for Proposals (RFP) for a master developer to undertake the remaining development activities in the portion of the redevelopment area bounded by Highway 13, Nicols Road, Cedarvale Parkway and Silver Bell Road and authorize its distribution. Hedges noted that proposals were solicited from a number of prospective developers and one proposal was received. The one proposal submitted was from the partnership of Ryland Homes, a national Special City Council Minutes August 10,2004 Page 3 of6 residential developer, and SchaferIRichardson, a Twin Cities developer and property management company that is the current owner of the Cedarvale Mall. Hedges thanked the developers and City staff for their work on this project thus far. Director of Community Development Hohenstein provided an overview of the RFP process that has taken place thus far and introduced Jim Prosser of Ehlers and Associates. Mr. Prosser provided the Council with a presentation on suggested redevelopment strategies in Cedar Grove. Director of Community Development Hohenstein acknowledged the Cedar Grove business owners and residents that were in the audience. Hohenstein then introduced Chris Enger and Brian Sullivan of Ryland Homes and Brad Schafer of Schafer/Richardson. The representatives then provided the City Council with a presentation of their redevelopment proposal for the Cedar Grove Area. The City Council discussed the presentations provided by Ryland Homes and Schafer/Richardson. The City Council discussed ways in which the community could have input into the redevelopment plans. It was suggested that a community open house be scheduled to help develop more refined plans. There was discussion regarding the financial clarity of the plan and the expectation that the development will be financially feasible. There was an inquiry as to what the expectations of the City are from the developer, e.g. land assembly, condemnation, development agreements, etc. Jim Prosser noted that potential expectations of the developer could be: 1.) financial assistance; 2.) assistance with land assembly; and 3.) permitting/land use considerations. The City Council recessed at 7:26 p.m. to allow for a change in tapes by the production crew and a City Council break. The City Council reconvened at 7:47 p.m. Director of Community Development Hohenstein noted that the questions raised at tonight's meeting would be responded to and provided back to the City Council. There was City Council consensus that the next step would take place on the August 17 Economic Development Authority agenda, at which time the EDA could consider the approval of a preliminary designation of the Ryland SchaferIRichardson partnership as the master developer for the Cedar Grove Redevelopment District. VI. CONSIDER EQUIPMENT REQUEST BY THE EAGAN FIRE DEPARTMENT City Administrator Hedges introduced the item noting that the Eagan Fire Department, through its Apparatus Committee, is requesting City Council consideration to sell two existing fire apparatus and to purchase two new pieces of equipment. It was noted that the request requires modification to the approved 2004 Part II CIP and includes use of funds for equipment originally contemplated in 2005. The Fire Department has concluded that purchasing the two units at the same time will result in an overall lower cost to the City and with an expected increase in steel prices in October, consideration should be given to making the purchase at this time. Special City Council Minutes August 10,2004 Page 4 of6 Director of Administrative Services provided a summary of financing options available to fund the two pieces of equipment. The City Council discussed the replacement and financing plan for the two pieces of equipment. Eagan Volunteer Firefighter Mike Scott was present to respond to questions from the City Council. There was City Council consensus to fund the two pieces of equipment from the Equipment Revolving Fund - fund balance. The Council directed that formal consideration be scheduled on the August 17, 2004 City Council agenda. VII. RECEIVE FEEDBACK FROM BURNSVILLE CITY COUNCIL AND TELECOMMUNICATIONS COMMISSION REGARDING PROPOSED POLITICAL PROGRAMMING AND BECT ACCESS RULES City Administrator Hedges opened the item noting that on July 13, the Eagan City Council provided feedback on three different options regarding political programming rules and gave direction that it preferred the more restrictive Option 2. Hedges added that noting the current election season and the fact that there have been no complaints about the existing political programming rules in the last 19 years, the City of Burnsville suggests approving the balance of the updated operating rules and continue to operate under the existing rule to provide open access for political programming. It was also Burnsville's recommendation that the Telecommunications Commission continue to study the matter through the 2004 election season and report back if any changes are recommended. Communications Director Garrison provided an overview of the discussion that took place at the July 28 Telecommunications Commission meeting at which time the Commission agreed with the recommendation of the City of Burnsville. Garrison also added that Commission Attorney Mike Bradley has advised that Option 2 for the political programming rules would likely be legally upheld for the government access and community access channels, but not on the public access channels. The City Council discussed the recommendation of the City of Burnsville and BETC. There was City Council consensus that the balance of the access rules can proceed ahead and be scheduled for the August 17 Consent Agenda. It was also the consensus of the Council that the Eagan Communications Committee meet with the Burnsville Communications Committee to further discuss the political programming rules. VIII. CONSIDER FINANCE COMMITTEE RECOMMENDATION RE: FLOW RIDER City Administrator Hedges introduced the item noting that at the direction of the City Council staff has looked at enhancement opportunities at Cascade Bay in an attempt to maintain Special City Council Minutes August 10, 2004 Page 5 of6 high visibility and popularity in the metro area. Hedges noted that staff also made it a goal to engage and retain more of the teen population as active participants at Cascade Bay and thus has been investigating the Flow Rider feature. Hedges also noted that upon seeing the video presentation of the Flow Rider feature, the City Council directed the Finance Committee to study the issue in more detail. Hedges added that the Finance Committee met on July 20, 2004, however, made no recommendation, but asked that consideration be brought back before the full City Council. City Administrator Hedges suggested that the City Council consider conducting an engineering analysis to look at the potential Flow Rider site and whether the site is suitable for the Flow Rider. The City Council discussed the prospective Flow Rider feature. It was noted that the ECVB has expressed their interest in marketing this feature across the country. There was City Council consensus to proceed with an engineering feasibility study, to include soil samplings, on the potential site for the Flow Rider. The Council requested that upon receiving the findings of the feasibility study, the issue come back to the City Council for a discussion regarding the potential financial implications of the Flow Rider feature. There was consensus that no action would be scheduled for an upcoming City Council agenda until the Engineering Feasibility study findings are complete. IX. REVIEW OF PROPOSED CITY PROCLAMATION POLICY City Administrator Hedges introduced the item noting that per the request of the Council at the July 13 Special City Council Workshop, the draft policy pertaining to the consideration of proclamations and resolutions has been back to a workshop for further Council discussion. There was City Council consensus to modify the policy to insert that the City will only consider proclamations or resolutions that pertain specifically to "City of Eagan" local government service delivery. The Council directed that the revised proclamation policy be included on the August 17,2004 Consent Agenda. X. 2005 GENERAL FUND BUDGET UPDATE City Administrator Hedges provided an update to the City Council on the 2005 General Fund Budget process. He noted that the City's budget team has met with each of the Department Directors to discuss the departmental requests that have been submitted. Hedges also noted that per the direction of the Council, the estimated market value homestead credit will not be used as a revenue source in balancing the 2005 General Fund Budget, but will be set aside with potential uses noted for consideration if and when the state actually makes payment to the City. Hedges noted that the City must certify a proposed levy to the county auditor, adopt a proposed budget, and select dates for the initial and continuation truth and taxation hearings no later than September l5, 2004. City Administrator Hedges also informed the City Council that he has requested that all departments provide an overview of their operations and budget requests during the budget workshop on August 24. XI. OTHER BUSINESS Special City Council Minutes August 10, 2004 Page 60f6 There was no other business to be discussed. XII. ADJOURNMENT Councilmember Maguire moved, Councilmember Carlson seconded a motion to adjourn the meeting at 8:30 p.m. Aye: 5, Nay: 0