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01/28/1997 - City Council Special 00030 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 28, 1997 A special meeting of the Eagan City Council was held on Tuesday, January 28, 1997 at 5:30 p.m. in the Community Room at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Masin, Blomquist and Wachter. City Councilmember Awada was absent due to an unavoidable business conflict. Others in attendance were Fire Chief Jensen, Director of Public Works Colbert, Director of Finance VanOverbeke, Director of Parks and Recreation Vraa, Assistant to City Administrator Duffy, Assistant to City Administrator Hohenstein, Communications Coordinator Foote, City Administrator Hedges and City Attorney Sheldon. VISITORS TO BE HEARD Mayor Egan asked if there were any visitors to be heard. Tom Pederson appeared and stated that he is a 26-year resident and an employee of Northwest Airlines and further stated that he is happy with the action the City Council has taken on airport related issues. He further stated that he was upset that a City Councilmember who works at Northwest Airlines was attacked by another member of the City Council for her comments that were a matter of official record in the minutes. Mayor Egan thanked Mr. Pederson for his comments and attendance at the meeting. RFP/FIRE ADMINISTRATION BUILDING City Administrator Hedges stated that at the January 21 Regular City Council meeting, a question was raised regarding the requirement for including reference to the State certified Affirmative Action Plan in an RFP document for selection of architects. After providing a history of why the City of Eagan has a State certified Affirmative Action Plan, he outlined action for the City Council to either: 1) repeal the Affirmative Action Plan entirely and amend the statement in the Personnel Policy; 2) eliminate the section in the Affirmative Action Plan which refers to contractors and vendors supplying evidence that they have an Affirmative Action Plan; however, the plan would still remain for employment purposes; or 3) leave the plan as is. Assistant to the City Administrator Duffy stated that the City Council can take action at this meeting to eliminate the section of the Affirmative Action Plan as referenced to contractors and vendors and delay any consideration into the future regarding the employment sections. After discussion, a motion was introduced by City Councilmember Wachter, seconded by Councilmember Blomquist to eliminate the section in the Affirmative Action Plan which refers to contractors and vendors supplying evidence that they have an Affirmative Action Plan; however, the plan would still remain for employment purposes. Those voting in favor were Mayor Egan and Council members Blomquist and Wachter. Voting nay was City Councilmember Masin. City Administrator Hedges stated that it is necessary to adopt the RFP as modified. City Councilmember Wachter raised an issue regarding the budget of $1.5 million dollars and whether it is necessary to leave this language in the RFP. City Administrator Hedges stated that the architects will ask for some guidance on the scope and magnitude of the project if a budget is not identified. He further stated that in public bidding it is usual and customary that the architects be given some sort of guidance as to the project costs so their plans do not exceed the intended budget amount. City Councilmember Wachter stated that he would like a clause in the demolition to include salvage of the rafters and other wood beams to be used in future Park Department shelter buildings. City Councilmember Blomquist stated it might be possible to use some of the rafters in the new building. 00031 EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; JANUARY 28,1997 PAGE 2 After further consideration, a motion was made by City Councilmember Wachter, seconded by City Councilmember Masin to proceed with the RFP for architectural services for the proposed Fire Administration building. CONFLICT OF INTEREST City Administrator Hedges stated that questions were raised at the January 21, City Council meeting on what constitutes a conflict of interest for a member of the City Council. City Attorney Sheldon presented a memorandum entitled, "Conflict of Interest for City Officials" dated January 27, 1997 for their review. City Attorney Sheldon reviewed his findings stating that, with respect to contracts, a Councilmember must receive a direct or indirect financial benefit from a contract in order for the Councilmember to have a conflict of interest. He further stated that the mere fact that a Councilmember is employed by a firm having a contract with the City does not, as a matter of law, compel a finding that such Councilmember has an interest in the contract. He further reviewed the difference between a disqualification and an abstention stating that if it is found that a City Councilmember must be disqualified from a vote due to a conflict of interest, only the remaining disinterested Councilmembers would be counted in determining a majority or supermajority on an action. City Attorney Sheldon summarized voting, stating that a legal disqualification from voting reduces the number of sitting Councilmembers on a particular item. With respect to noncontractual situations, City Attorney Sheldon reviewed and explained several relevant factors that must be considered in making the determination for conflict of interest, including the nature of the decision being made, the nature of the pecuniary interest, and means available such as opportunity for review to insure that officials will not act arbitrarily or selfishly. The City Administrator stated that a suggested policy was prepared for the Council to consider if a conflict presents itself in the future. He read from the City Attorney's memo, "A Councilmember's first steps should be to convey their concern to the City Administrator, who in turn, will consult with the City Attorney. If the conflict concerns another Council member, the issue should be raised with the Mayor or City Administrator to be placed on the Council agenda." Both City Councilmembers Blomquist and Wachter agreed with the City Attorney's findings. Mayor Egan asked the City Attorney to further explain what is a bona fide conflict vs. a political conflict. City Councilmember Masin reviewed her understanding of the memo asking for various clarification. City Councilmember Blomquist commended the City Attorney for his research and stated that she has always practiced the policy as outlined in his memorandum. City Council member Masin stated that her reason for asking the question at the January 21 meeting was to determine whether there is a conflict of interest if a Councilmember receives a salary from a company that could be directly or indirectly impacted by a decision of the City Council. The City Attorney explained various factors that must be defined to determine whether there is a conflict, such as the Councilmember having no ownership interest in the company and being neither an officer or director of the company. Mayor Egan stated that he was glad the question had come up and thanked"the City Attorney for his presentation. City Councilmember Blomquist asked if any action should be taken relative to the conflict of interest memo from the City Attorney. Mayor Egan stated that no formal action is necessary; however, the City Administrator should be directed to file the document in the official City Council policy handbook for any future reference if the issue of conflict of interest should arise. City Councilmember Masin asked that the item of conflict of interest be placed on the February 4, City Council meeting so the City Attorney can provide a response to the questions that she raised at theJanuary 21 meeting for the benefit of the audience. 00032 EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; JANUARY 28,1997 PAGE 3 WORK PROGRAM/GOALS FOR 1997 City Administrator Hedges stated that there are a number of goals that have been suggested by the City Council to work on during calendar year 1997. The purpose for reviewing the draft work program for 1997 is to generate discussion so at a future meeting the City Council can prioritize the goals. He stated that some of the goals listed include projects the staff is currently working on such as the D-II Study, information technology, the Trucking Study and senior housing objectives. The City Administrator further stated that it would be helpful if members of the City Council have goals they would like added to the list for discussion that they be shared with the City Council at this meeting or a future workshop. City Councilmember Blomquist stated that it is difficult to discuss a comprehensive work program with a member of the City Council missing and suggested that any direction regarding a work program and adoption of goals be continued until the entire City Council is present. She further stated that there are three (3) immediate goals that should be given consideration and they are 1) provide specific direction to the advisory commissions on their goals for this calendar year; 2) the Comprehensive Guide Plan update and the proposed Comprehensive Guide Plan/zoning legislation is a critical priority; and 3) the City Council needs to provide leadership direction to staff. Mayor Egan stated that the 1997 budget process provides a guideline for spending and staffing levels and, in many cases, requires a zero base analysis to determine if certain jobs are replaced. City Councilmember Wachter commended the budget process stating that despite the growth in programs and population the tax capacity rate has been reduced in the past two (2) years. He further stated that he is committed to keeping taxes down which is an important goal for 1997. City Councilmember Blomquist stated that her reason for asking questions and analyzing the bills is to determine whether certain expenditures are necessary and further if the City might consider a more efficient purchasing program that would provide greater efficiencies and savings. She further stated that it would be helpful to review the spending by department. City Councilmember Masin stated that the budget is broken out by department and reviewed closely by the City Council when the budget is prepared in the fall of each year. City Councilmember Wachter stated that he supports the concept of a condensed annual report to share with the community. He suggested that this be given a high priority for 1997 to include an annual report to the citizens for 1996. City Councilmember Blomquist stated that the D-II Study and Comprehensive Guide Plan will be given joint consideration during 1997. City Councilmember Wachter stated that additional analysis should be given to the Borchert Ingersoll property if the City is to continue consideration for ownership of North Park. He further stated that he is concerned about the ground water and soil contaminants which may not be conducive as a City parkland. City Administr-ator Hedges stated that he is planning a meeting with Carl Neu who has provided the facilitation at the last three (3) City Council management retreats. City Councilmember Blomquist stated that she is concerned about the cost for a retreat and whether a facilitator is necessary. Mayor Egan stated that using an outside facilitator has been an excellent process during the past several years. City Council member Wachter stated that he has appreciated the objectivity a facilitator provides for the Council/staff retreats. City Councilmember Masin stated that the visioning process could be an element if there is consensus to move ahead with the program in 1997. City Councilmember Blomquist stated that the most important consideration is to be a team and get back in step as a community. City Councilmember Wachter stated that he continues to have concerns about the City joining the Dakota County Economic Development Partnership. He further stated that the money should be spent 00033 EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; JANUARY 28,1997 PAGE 4 locally. Mayor Egan stated that he would normally agree; however, $5,400 of the total $6,400 membership in the Partnership is for GIS services and will be spent whether the City is or is not a member of that organization. He stated for the $1,000 difference he would like to participate in the Partnership in 1997 and evaluate the effectiveness when the 1998 budget is developed this coming fall. City Councilmember Wachter stated that he was not in agreement with the Partnership's request to contact large business in Eagan and ask for their participation and membership in the Partnership. He further stated that there is so much emphasis on membership and, in his opinion, very little known results. Mayor Egan stated that he met with the EDC and they are supporting the partnership which is an important consideration for the City Council. He further stated that he is familiar with goals the Partnership has to support training opportunities for those in the job market. Mayor Egan further stated that there is a problem with ongoing communication by the Partnership which he would like to see improved during the next calendar year. City Councilmember Masin stated that she would like to see the City continue with the Dakota County Economic Development Partnership during 1997 by being an active member and participant and then evaluate the City's benefit at the end of this year. City Councilmember Blomquist stated that since she was appointed as the City Council's representative she will attend the meetings and provide her opinion about the cost benefit of the Partnership to the City. City Administrator Hedges stated that unless he is otherwise advised by the City Council the City will be a full member of the Dakota County Economic Development Partnership for 1997 with the understanding that $5,400 of the $6,400 membership dues is received in value for GIS services. Mayor Egan thanked the City Administrator for the work program outline for 1997 and with the consensus of the City Council directed the prioritization of goals for the work program to be considered at a workshop in late February. City Councilmember Blomquist suggested that the Mission Statement be revised to a paragraph which is more useful for use throughout the community. Mayor Egan stated that he is supportive of a retreat and would like to consider a date that would avoid any conflict with City Councilmember Awada's pregnancy due date in early March. OTHER BUSINESS There were no items for other business. The meeting adjourned at approximately 7:30 p.m. TLH January_28, 1997 Date ~~