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07/13/2004 - City Council Special MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY JULY 13, 2004 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields and Maguire. Councilmember Tilley was not present. City staff members present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Communications Garrison, Director of Administrative Services Van Overbeke, Parks and Recreation Office Supervisor Mesko, Civic Arena Manager Vaughan, BECT Program Manager Hotchkiss and Police Chief Therkelsen. I. ROLL CALL & AGENDA ADOPTION Mayor Geagan called the meeting to order and noted that Councilmember Tilley would be unable to attend tonight's meeting. City Administrator Hedges inquired with the City Council about the proposed proclamation policy. There was City Council consensus to bring the draft policy back to a City Council workshop. The City Council also discussed having the Finance Committee review the financial analysis of the Flow Rider for Cascade Bay. There was City Council consensus for the Finance Committee to review the financial analysis and make a recommendation to the City Council. Councilmember Carlson arrived at 5:40 p.m. City Administrator Hedges informed the Council that a letter will be coming from Wensmann Homes requesting a continuance from the July 20 meeting to the August 2 meeting. Hedges noted that staff would inform the neighbors of the continuance. The City Council discussed requests of developers for continuances. The City Council directed staff to inform Wensmann Homes that requests for continuances should not continue to be made on a reoccurring basis. Councilmember Fields moved, Councilmember Carlson seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. Special City Council Minutes July 13,2004 Page 2 of 5 III. CONSIDER ACCESS RULES AND SPONSORSHIP GUIDELINES FOR BECT City Administrator Hedges introduced the item noting that on March 9,2004, as part of the 5-year financial plan, both the Eagan and Bumsville City Councils gave direction that BumsvillelEagan Community Television (BECT) should more aggressively pursue sponsorships and revenue opportunities. Hedges added that the plan identified the need for securing $50,000 in additional revenue each year, beginning in 2005. Communications Director Garrison then provided an overview of the new sponsorship rules being proposed as well as updated access rules. Garrison noted that the Bumsville/Eagan Telecommunications Commission approved the formation of an ad- hoc group of Commission members to make recommendations to the full Commission regarding new rules that will allow BECT to raise sponsorship revenue and commercial support within acceptable community standards. The ad-hoc committee, according to Garrison, also met to update BECT access rules regarding volunteer productions and programming. The City Council and staff discussed the various ways that other communities and entities address sponsorships and political programmmg. Upon further discussion, the Council directed staff to place the BECT Sponsorship Guidelines on the July 20, 2004 Consent Agenda. In regard to political programming, there was Council consensus in support of option number 2 presented to the City Council, which states that candidates for election or re-election to a publicly held office, shall not be provided access to BECT or its facilities from the first day of filing for office through the election for that office, except: a.) Candidates may participate in televised official events of public bodies; and, b.) Candidates may appear on BECT in political candidate forums and video voter guides in which all candidates have equal opportunity to participate, c.) Political programming will not be shown during the times that polls are open. The City Council also requested that a provision be added to number 2 that states that political programming should also include ballot questions. The Council directed staff to present Eagan's recommendation to the City of Bumsville and they also requested that the ad-hoc committee ofBECT further discuss the definition of a "political candidate forum". The Council noted that if there is agreement with Bumsville, then the political programming rules should be included on an upcoming Consent Agenda. If there are slight disagreements with the City of Bumsville, the Council requested the item be scheduled under Old Business on an upcoming City Council agenda; however, if there is serious disagreement with the City of Bumsville on the political programming rules, then those rules should be brought back to a City Council workshop for further discussion. IV. CONSIDER PROPOSED 2005 CIVIC ARENA BUDGET City Administrator Hedges introduced the item noting that each year the Civic Arena Budget is acted upon in advance of the General Fund Budget and other enterprise operations due to the fact that the Civic Arena operations run on a seasonal basis, beginning in September. The City Council Special City Council Minutes July 13, 2004 Page 3 of 5 and Civic Arena Manager Vaughan discussed the proposed budget, including the hourly ice rental rate increase of 3.3%, which equates to an increase from the current $150 per hour, to $155 per hour. Vaughan noted that the $2 differential between the rates for the Eagan and Eastview Hockey Associations included for the 2003/2004 is maintained in the proposed 2004 to 2005 rental rates. Vaughan also noted that the hourly rental rate for turf is proposed to increase by $5, from $70 to $75, and the dry floor hourly rate is proposed to likewise increase by $5, from $35 to $40. The City Council discussed the personnel increases included in the 2005 budget. The City Council commended Civic Arena Manager Vaughan for the successful operations at the Civic Arena. The City Council discussed the capital improvement requests as presented. The City Council directed the Civic Arena budget to the August 2 City Council Consent Agenda. V. 800 MHZ 1 RADIO UPDATE City Administrator Hedges introduced the item noting that in 2003, Dakota County and 8 of its cities, including Eagan, commissioned an update to the Dakota County Public Safety Radio Plan, which was developed in 1997 and last updated in 2000. Hedges added that a radio users work group, chaired by Police ChiefTherkelsen, finalized the update in March of2004 and unanimously recommended that Dakota County begin migration to the regional 800 MHz system. Police Chief Therkelsen provided an update on the 800 MHz radio system. Therkelsen noted that the Dakota County Board adopted the recommendation to begin the migration to the regional 800 MHz system and is currently evaluating several proposals for design services submitted in response to an RFP. Therkelsen added that to assist with the design of the system, Dakota County is organizing two work groups (design group and policy group) to work with the successful proposal in the design of the system. The City Council discussed participation in the 800 MHz radio system. Mayor Geagan offered to serve on the Dakota County 800 MHz radio policy group. VI. JOINT DISCUSSION WITH THE ADVISORY AIRPORT RELATIONS COMMISSION City Administrator Hedges introduced the item, noting that at the April 20, 2004 City Council meeting, the Council reviewed the 2004/2005 Eagan Airport Relations Commission Communication Plan. At that time, the Council requested that more proactive communication tools be incorporated into the plan. Hedges added that in response to the Council's direction, the ARC held a special workshop in May to discuss proactive communication measures. Airport Relations Commission Chair Thorkildson provided an overview of the Communications Plan to the City Council. Thorkildson noted that two primary features of the reviewed Communications Plan include: 1.) a comprehensive brochure to communicate the anticipated future impact of the new runway and to note where residents can go to learn more about the runway andlor other airport issues facing the community; and 2.) approximately ten community Special City Council Minutes July 13, 2004 Page 4 of 5 forums/open houses to be held throughout the community beginning this fall (2004) and continuing through the summer of2005. The City Council discussed the need for a comprehensive brochure and there was consensus to proceed with production of such a brochure. Councilmember Carlson suggested that an insert be included in the April Discover Us Parks and Recreation Magazine. It was also suggested that an insert be included in April utility bills. There was City Council consensus to proceed with approximately ten neighborhood meetings. It was suggested that two or three Commissioners attend each of the open houses and that Commissioners be provided "talking points" regarding airport issues affecting the community, and in particular, the opening of the new North-South Runway. There was City Council and Commission consensus to video tape at least one of the open houses to be broadcast via the City's cable access stations. The City Council directed that the 2004/2005 ARC Communications Plan be included on an upcoming City Council Consent Agenda. The City Council discussed the Part 150 Update currently being conducted by the Metropolitan Airports Commission (MAC). Assistant to the City Administrator Miller provided a summary of the recommendation the Planning and Environment Committee made at their July 13, 2004 meeting. Miller noted that the recommendation of the P&E Committee was to provide air conditioning only in the 60-64 DNL, and residents would be required to pay 50 percent of the cost for the installation. It was also noted by Miller that homes in the 60-64 DNL that already have air conditioning would not be eligible for any mitigation under the recommended plan. The City Council and the Airport Relations Commission discussed the recommendation made by the P&E Committee, and voiced their unanimous disappointment and concern with the recommendation on the table. Mayor Geagan suggested that a meeting be arranged with MAC Commissioner Bert McKasy, who represents the City of Eagan, to further discuss the motion made by the P&E Committee, which was seconded by Commissioner McKasy. Councilmember Fields moved, Councilmember Carlson seconded a motion to send a letter to the Metropolitan Airports Commission from the City Council and the Airport Relations Commission to oppose the recommendation made by the P&E Committee on July 13,2004. Also, included in the motion, was a request that the letter be copied to Governor Pawlenty. The letter was directed to include the following concerns of the City: 1.) Nothing less than the compromise offered by the Noise Oversight Committee would be acceptable for mitigation within the 60-64 DNL. The recommendation places a significant financial burden on residents. Not only does the recommendation suggest a 50 percent co- payment for the installation of air conditioning, it also provides no opportunity for residents to receive financial assistance from the MAC to pay the co-payment (i.e., low interest loan). Home owners should also have the opportunity to re-enter the program in the event they must pass on mitigation at the time it is offered. Special City Council Minutes July 13, 2004 Page 5 of5 2.) Inflexibility of the Recommendation - The City is concerned that residents who already have air conditioning are excluded from the recommendation made by the P&E Committee. Rather, the MAC should offer mitigation options to all homes in the 60-64 DNL including mitigation options such as window and door treatments, acoustic storm doors and windows, and wall and attic insulation. The Council is requesting that an "either/or" clause that includes central air conditioning as one of many mitigation options be available. 3.) Avigational Release - The City Council voiced their opposition towards the avigational release that residents would be required to sign, which would result in residents not being able to receive any future noise mitigation. Aye: 4 Nay: 0 ARC Commission Krahn moved, Commissioner Thorkildson seconded a motion to support the same letter being sent to the Metropolitan Airports Commission. Aye: 9 Nay: 0 VII. OTHER BUSINESS There was no other business to be discussed. VIII. ADJOURNMENT Councilmember Carlson moved, Councilmember Fields seconded a motion to adjourn the Special City Council meeting at 8: 1 0 p.m.