01/21/1997 - City Council Special
000:1.5
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 21, 1997
A special meeting of the Eagan City Council was held on Tuesday, January 21,1997, at the Eagan
Municipal Center Building Community Room at 5:00 p.m. Those present were Mayor Egan and City
Councilmembers Awada, Blomquist, Masin and Wachter. Also present were Director of Public Works Colbert and
City Administrator Hedges.
YANKEE DOODLE ROAD AGREEMENT/PROJECT 695
City Administrator Hedges introduced the topic, stating that staff has been working with the Dakota
County Highway Engineer in an effort to find a solution to the County's unwillingness to participate equitably in the
Yankee Doodle Road improvements under Project 695. Director of Public Works Colbert stated that MnDOT was
unwilling to fund the improvements in 1996 due to their contention that the project was development driven. He
further stated that the City had an early understanding with the County Engineer for typical funding; however, the
County Highway Engineer is now recommending the County participate only at 33% and the City at 67%.
Director of Public Works Colbert further stated that he has spoken with the County Attorney's office
to determine if this project is exempt from the County's new funding policy and feels there is concurrence by the two
attorneys he spoke with that the project should be funded according to the new policy. He further stated that the
County participates in 100% of maintenance overlays and further that the surface condition before reconstruction
was terrible on Yankee Doodle Road. Public Works Director Colbert stated that there could be an argument made
that the County should be responsible for 100% of the overlay cost for the County road improvements. He stated
that in further negotiations with the County Engineer, the County would agree to participate according to the new
policy arrangement if the City would transfer all municipal state aid funding. Director of Public Works Colbert further
stated that the County Highway Engineer would like the road designated as a county state aid road so the County
receives more maintenance funds from the State. Director of Public Works Colbert stated that this request is
unreasonable.
Director of Public Works Colbert referenced letters he has sent to the Dakota County Highway
Engineer reminding the County of the previous understanding between the City and the County for finalizing the cost
participation for Yankee Doodle Road. City Councilmember Blomquist stated that she has two questions. First,
what is the cost to the City and second, what is the legal ramification of turnbacks to the City. Director of Public
Works Colbert explained the cost breakdown of the City and further noted that the County can turn back roads to the
City that are unimproved requiring 100% of the cost to be borne by the community. City Councilmember Wachter
stated that if the City receives County roads as a turnback and has to participate in 100% of the cost to improve
those roads, there should be a reduction in taxes.
After reviewing a January 17 memo from the Public Works Director and considerable discussion
and deliberation by the City Council, there was a consensus to participate in the maintenance overlay cost if the
County will share equally in all signal costs. The Council also felt that the new policy should apply and felt that an
arbitrator would likely support the City's position. The state aid designation transfer should be considered at another
time.
The City Administrator and Director of Public Works were further directed to meet with the County
Administrator and Engineer. If this meeting is not successful, direction was given to meet with the County
Commissioners to further explain the City's position.
OTHER BUSINESS
City Councilmember Masin stated that a gentleman, Mr. Ken Bresslo, was in the audience but did
not address the City Council under Visitors to be Heard; however, in a brief conversation she had with Mr. Bresslo, it
was his request that the City give consideration to using closed caption for Commission meetings and regular City
Council meetings that are cablecast. He further recommended that a deaf interpreter be used for the hearing
impaired that are in attendance at the meetings. City Administrator Hedges stated that when a request is made by
the hearing impaired, an interpreter is retained. The City Administrator was directed to further review the concept of
closed caption for regular City Council meetings.
Page 2/Eagan Special City Council Meeting Minutes
January 21, 1997
0001.6
City Administrator Hedges stated that it was recommended that additional clarification be given to
the policy the City Council and staff are practicing to comply with the ethics legislation as it relates to reimbursement
of meals. He stated that there are occasions when the Mayor, members of the City Council, City Administrator and
Department Heads are asked to attend a luncheon on behalf of a local industry, a grand opening or a
ground breaking ceremony and it is awkward when the food is served and there is no value established by the local
business providing the meal at their event. City Administrator Hedges stated that in some cases the company has
billed the City for the Councilmember or employee's fair value and in other cases, payment has been made by the
Councilmember or employee. Mayor Egan stated that there should be a consistent policy for reimbursement. City
Council member Awada stated that she feels the expense is acceptable and the Councilmember, City Administrator
or Department Head should either make payment to the business and then be reimbursed by the City or request a
bill from the business with the City making payment at a later date. City Councilmembers concurred with this
interpretation and the City Administrator was asked to prepare a written policy for the Council policy handbook.
COMMENTS/METROPOLITAN COUNCIL REPRESENTATIVE KEVIN HOWE
Kevin Howe, Metropolitan Council representative, appeared to provide an update to the City
Council. City Council member Blomquist stated that she has some strong concerns about Statute 473.858, the Land
Use Planning Act and would like to see the law changed to restore land use authority at the local level through
zoning rights prevailing as the official land use as opposed to the comprehensive guide plan. She raised a question
with Representative Howe as to how the Metropolitan Council will respond to this proposal. He stated that some
staff members feel it should stay the same, while others are indifferent to the proposed statutory amendment. He
stated that the Council has not adopted any official position to date. Representative Howe further stated that he will
work with Senator Wiener and question whether the AMM has a position. Mayor Egan, who is also President of the
AMM, stated that it is their philosophy that cities should maintain autonomy over zoning issues. City Councilmember
Awada stated that cities do not want to give up zoning/land use decision-making authority. Mayor Egan spoke to the
concern of cities which is local control and agreed with City Council members Blomquist and Awada regarding not
giving up zoning/land use to an appointed body, such as the Metropolitan Council, and that land use decisions
should continue at the local level.
Mayor Egan thanked Representative Howe for his attendance at the Special City Council meeting
and invited him to make some official remarks at the regular City Council meeting beginning shortly.
ADJOURNMENT
The meeting was adjourned at 6:30 p.m.
January 21, 1997
Date
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