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10/28/2003 - City Council Special MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY OCTOBER 28, 2003 5:30 P.M. COMMUNITY ROOM EAGAN MUNICIPAL CENTER Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. Staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Community Development Hohenstein, Director of Administrative Services VanOverbeke, Director of Communications Garrison and Community Programming Manager Hotchkiss. I. ROLL CALL AND AGENDA ADOPTION Councilmember Maguire moved, Councilmember Fields seconded the motion to approve the agenda as presented. Aye: 4 Nay: 0 (Councilmember Tilley not yet present.) II. VISITORS TO BE HEARD There were no visitors to be heard. III. METROPOLITAN COUNCIL CHAIRPERSON PETER BELL RE: LIVABLE COMMUNITIES ACT City Administrator Hedges introduced the item and introduced Peter Bell, Chairperson of the Metropolitan Council, along with staff members present from the Metropolitan Council. Hedges noted that no action is intended for this evening; rather, if action were to be taken, it would be scheduled at an upcoming City Council meeting. Mayor Geagan welcomed Mr. Bell, as well as Metropolitan Council Representative Tom Egan and Livable Communities Program Director Elizabeth Ryan. Councilmember Tilley arrived at 5:50 p.m. Chairperson Bell provided an overview of the Livable Communities Act (LCA). Bell also gave an overview of the development of the 2030 Regional Frame work. Chairperson Bell noted the voluntary nature of the LCA program, and that the City Council could choose to participate in the program on an annual basis. Bell also noted the competitive element of the LCA Program and that Eagan's participation does not guarantee LCA funding for projects. Tom Egan, Metropolitan Council Representative and former Eagan Mayor, thanked the City Council for the opportunity to address the Council. Representative Egan also recognized Tom Weaver, Metropolitan Council Regional Administrator, as well as Guy Peterson, Judd Schetnan, and Mark Ulfers of the Dakota County CDA, all of whom were in attendance at the workshop. Special City Council Meeting Minutes October 28, 2003 Page 2 Liz Ryan, Program Director for the LCA program, summarized the formation of the LCA program and provided examples of current projects being funded through the LCA. Projects included Mendota Heights Town Center and the Town Center Development in Falcon Heights. Ryan noted that an average of $12 million per year is awarded out of LCA funding. The City Council discussed the LCA Program and the City's participation in the program. The Council inquired about the cost to join the program, to which Ms. Ryan responded that no fee would be owed to the Metropolitan Council at this time as the City of Eagan's contribution to the CDA meet the ALHOA requirements. Chairman Bell and Representative Egan both noted that the City of Eagan has surpassed the goals that are required under the LCA requirements (i.e., no "catch-up" would be needed by the City of Eagan). The City Council also discussed the 2030 Regional Framework and specifically asked that feedback be shared with the City Council. Program Director Ryan noted that the feedback received will be summarized and prepared for public information. Mark Ulfers, Executive Director of the CDA, addressed the City Council regarding participation in the LCA program. Upon further discussion, the City Council directed staff to prepare a memo to outline the process for joining the LCA Program, which is also to include a copy of the forms necessary to be completed prior to joining the LCA Program. The Council asked that this memo be prepared in preparation for further discussion about the LCA Program at the November 12 City Council workshop. There was City Council consensus that any further questions the Council may have about the program should be forwarded to City Administrator Hedges in order to get responses prior to the workshop on the 12th. Chairman Bell noted that a decision of the Eagan City Council must be made by November 15,2003 in order to participate in the 2004 LCA Program. Mayor Geagan and the Eagan City Council thanked the Metropolitan Council staff, Chairman Bell and Representative Egan for attending the workshop. IV. CONSIDERATION OF AN ORDINANCE AMENDMENT TO ALLOW BI- WEEKL Y RECYCLING City Administrator Hedges introduced the item noting that at the August 4, 2003 City Council meeting, the Council was approached by Ron Moening, District Manager for Waste Management, with a request that they amend the City Code to allow bi-weekly recycling. Moening had added that ifbi- weekly recycling was implemented in Eagan, Waste Management could offer their single sort recycling program to their Eagan customers. Assistant to the City Administrator Lord summarized the informational meeting that was held on September 10,2003, at which all of Eagan licensed residential trash/recycling haulers were invited to attend. Sue Bast, Recycling Coordinator for the cities of Burnsville, Eagan and Apple Valley summarized Burnsville's experience with the single sort recycling program. The City Council discussed whether to approve an ordinance amendment to allow bi-weekly recycling. Ron Moening, District Manager for Waste Management, summarized the single sort program. The City Council discussed the potential criteria if the City were to change to a bi-weekly recycling program. The City Council asked that staff respond to the issue of whether the Special City Council Meeting Minutes October 28, 2003 Page 3 City is able to require haulers to pick up recycling weekly if they do not go to the single sort program. It was also suggested that if an ordinance amendment were approved, that the recycling bin must be a certain size in order to go to a single sort program. The City Council directed the City Attorney to prepare an ordinance amendment to Sec. 6.37 of the Eagan City Code to allow bi-weekly recycling. The Council directed that the item be scheduled for an upcoming regular City Council meeting under Old Business. The Council also asked that staff research the experiences of other cities that currently include haulers that offer the single sort program. Craig Seim, Manager of BFI, addressed the City Council noting that he does not oppose the proposed bi-weekly recycling provision, provided that the ordinance states that bi-weekly recycling is the minimum in which the recycling would be picked up. V. REVIEW PROPOSED 2004 EAGAN CONVENTION AND VISITORS BUREAU BUDGET City Administrator Hedges introduced the item noting that at the October 16, 2003 ECVB Board meeting, the Board adopted the 2004 Budget and Marketing Plan as presented to the City Council. Hedges also noted that by agreement, renewed in October 2002, the Eagan Convention and Visitors Bureau promotes the City as a tourist, conference, meeting, and visitor destination. Hedges added that the ECVB's funding source is primarily the City's local lodging tax, supplemented by a small amount of advertising and membership income. Communications Director Garrison and Executive Director of the ECVB Ann Carlon summarized the budget as presented. Councilmember Carlson thanked Ms. Carlon for her initiative in partnering with the Community Center. The City Council, along with Ms. Carlon and Director Garrison, discussed new initiatives of the ECVB, as well as branding for the City of Eagan. Director Carlon noted that an event with a "Dickens Pond" theme will be held this winter to promote the new ice rink at the Community Center. Carlon also added that "an elegant evening in Eagan" will take place in 2004, which will be an international wine and beer tasting event". Lastly, Ms. Carlon added that the City of Eagan has been named one of nineteen official tourist information centers in the State of Minnesota. The City of Eagan and the Mall of America are the only two metro area tourist information sites. The City Council directed that the ECVB budget be scheduled for consideration under the November 6 Consent Agenda. VI. JOINT MEETING WITH BURNSVILLEIEAGAN TELECOMMUNICATIONS COMMISSION Communications Director Garrison introduced the members of the Burnsville/Eagan Telecommunications Commission that were present. Commission members in attendance included: Bob Cooper, Alan Miller, Chairman Paul Ryan, and staff member to the Commission, Mark Hotchkiss. Chair Ryan thanked the City Council for the opportunity for the Commission to meet with the City Council. Ryan also discussed the role of the Commission as seen by the Telecommunication Commission members. The City Council and Commission members discussed revenue sources, in particular, franchise fees, which could be in jeopardy due to federal legislation. The City Council and Commission members present also discussed community programming, the role of the Commission and the Commission's goals and plans for the upcoming year. The City Council discussed the Communications Capital Improvement Plans (CIP). In particular, it was noted that the consensus of the Commission is the immediate need for equipment replacement within the Burnsville/Eagan Special City Council Meeting Minutes October 28, 2003 Page 4 Telecommunications system. Commission members added that approximately 130 public meetings are taped in a given year. The Commission noted that their role per the City's Joint Power Agreement is to regulate the Cable Franchise. Chair Ryan added that ifit is the desire of the City Council to change the duties and/or role of the Commission, City Council direction would be needed. The City Council discussed options available in the City's basic cable package and, specifically, inquired about Victory Sports. Chair Ryan noted that the Commission is not able to regulate the cable package purchased by residents. Ryan did add that the City is in communications with its cable provider to try to add Victory Sports to Eagan's basic cable package. The City Council and Commission discussed the role of the Internet with cable television and the need for digital equipment. The City Council suggested that the City of Burnsville also address the digital approach that is needed in technologies and also asked that Burnsville discuss the use of cable franchise fees. The City Council thanked the Commission for attending and noted that they would be very pleased to see the suggestions of the Commission as to additional issues or topics the Commission would like to address outside of regulating the cable franchise. The Council asked that these suggestions be brought back to the City Council for consideration. The City Council recessed as the City Council and reconvened as the EDA. Following the EDA meeting, the EDA reconvened as the City Council. VIII. OTHER BUSINESS Councilmember Maguire moved; Councilmember Tilley seconded a motion to deny a resolution to amend the purchase agreement with Keystone Properties for properties located between Cedar Grove Boulevard, Silver Bell Road and Alder Lane to reimburse Keystone for attorneys fees up to $50,000 and to indemnify and hold Keystone harmless in any and all damages that may result from the lawsuit brought against the City and the Keystone Redevelopment Project by Doris Dahline. Aye: 5; Nay: 0 Councilmember Maguire moved; Councilmember Tilley seconded a motion to approve an amendment to the development agreement between the Eagan EDA, City of Eagan and Keystone Communities of Eagan, LLC as approved in the aforementioned EDA action. Aye: 5; Nay: 0 IX. ADJOURNMENT The City Council adjourned the workshop at 8:15 p.m.