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10/28/1997 - City Council Special 00346 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL October 28, 1997 A special meeting of the Eagan City Council was held at 5:00 p.m. on Tuesday, October 28,1997 at the Eagan Municipal Center. Present were Mayor Egan, City Councilmembers Awada, Blomquist, Masin and Wachter. Also present were Assistant to the City Administrator Hohenstein, Director of Finance VanOverbeke, Fire Chief Jensen, Director of Public Works Colbert, Superintendent of Streets Erhart, Streets Supervisor Struve and City Administrator Hedges. VISITORS TO BE HEARD Mayor Egan acknowledged that there were no visitors to be heard. FIRE ADMINISTRATION BUILDING/COMMUNICATION CAPABILITIES City Administrator Hedges stated that the architects are moving forward with plans for the Fire Administration Building which includes a second story addition that will be used for a training room that would permit trainings to be videotaped, but is not equipped to do so.. He stated that the staff was looking for direction as to the type of communications capabilities the City Council envisioned for the training room. He stated that staff has considered four alternatives including 1) limiting the training room to basic communications purposes that will only permit limited video tape capabilities if a portable camcorder is brought in, 2) modifying the training facility for expanded videotape production that would require modifications to window coverings, additional conduit and cable for remote camera locations, enhanced lighting and other improvements that could cost in excess of $125,000, 3) equip the training facility as a full local access studio which would likely cost $350,000 or 4) consider an alternative funding allocation for completion of the building. He stated that the budget includes an allocation up to $435,500 in retained franchise fees for building construction upon the Council's finding that the second floor training room could be used for cable access and communication purposes. The City Administrator stated that if the Council does not wish to increase the budget to provide for a level of videotape production, but feels that the current design does not meet the intent of allocating franchise fees for the project, it may be appropriate to revisit other funding alternatives including an increased contribution from the community investment fund as an alternative to the franchise fee contribution. City Councilmember Awada questioned whether the basement can be used for training purposes and, therefore, eliminate the need for a second story addition. City Councilmember Wachter stated that the basement is needed for present and future storage and would hesitate to establish space for a training room. Fire Chief Jensen stated that the basement is already planned for a part of the mechanical equipment and some storage will be consolidated from the five fire stations into that space. City Administrator Hedges provided further explanation of the Fire Administration budget atthe request of the City Council. City Councilmember Wachter stated that in his opinion the City should proceed ahead with the second story addition stating that the building is being built as a public building for the long term future as well as current needs. He further stated that the basement for storage and the second floor training room will be public dollars well spent if the City considers the use the facility will have over future years. City Councilmember Masin stated that she feels that discussion should not Special City Council Meeting Minutes October 28,1997/Page 2 00347 focus on whether the training room is necessary, but whether the room should be used as a television production area. City Councilmember Blomquist stated that she supports the idea of the second story addition being used as a training room. City Councilmember Wachter further stated that the training room can be shared with the community for additional community room space which is quickly being scheduled and used up at the Municipal Center Building. City Administrator Hedges offered suggestions regarding a proposal that would minimize the video taping production function at this time but allow the City to enhance the videotape production area in future years if there is a community need. City Councilmember Blomquist stated that she would prefer that franchise fees be used for production capabilities in some other facility. She asked whether the possible transfer of local access from the cable company to the cities would have an effect on this. Assistant to the City Administrator Hohenstein responded that the possible take over of local access would only provide sufficient funds to support the joint access capabilities and not increase revenues for individual City projects. City Councilmember Awada asked if this location is still the right location and further suggested that the City consider building a larger basement and eliminating the second story addition which is expensive construction. City Councilmember Wachter stated that the City needs to build for the future and not including the second story addition would be more expensive to the community once the space becomes necessary in future years. He further stated that adding additional basement space is not possible given the footprint and further would not be practical and would change the entire layout of the first floor. City Councilmember Masin stated that it is currently hard to get space at the local access studios and possibly the City could look toward the schools to assist in providing a full access production facilities for the community. She further stated that it would be nice to share fire training with the community as well as other City services which would keep residents highly informed about their service delivery. Communications Coordinator Reardon stated that the local access facility would probably stay at its current location regardless of whether the cities took it over or not. City Councilmember Awada stated that it appears that there is a City Council consensus for the second story addition and therefore it was her opinion that the project proceed ahead, however, without the videotape production area. City Councilmember Wachter stated that with the turbulence in the stock market it is possible that there could be more favorable construction bids in the winter helping the overall cost of the project. Mayor Egan suggested that the project be taken back to the architect with the understanding that the budget will remain at $1,935,500 and that any video production would be limited to a camcorder for the second story training room area. City Councilmember Blomquist stated that she agreed with City Councilmember Awada stating that whatever equipment has been budgeted by the architect to date could be included, however, it was her opinion that the architect be given a direction to strip back any design features to reduce the cost of the overall project if possible. Mayor Egan asked for a consensus on this matter so the City Administrator could proceed ahead with direction to Boarman, Kroos, Pfister and Vogel Architects. City Councilmembers Blomquist and Awada and Mayor Egan all supported alternative one which holds the project budget at $1,935,500 which includes a $30,000 budget allocation for presentation equipment in the second story training room facility. City Councilmembers Masin and Wachter both stated that they are in support of modifying the training facility for expanded video tape production which would modify the budget to a possible $125,000 but would allow the community to use the facility for production capabilities in the future. City Councilmember Wachter stated that only the basic structure would be completed at this time but the expansion capabilities would be present for future needs. Mayor Egan summarized by stating that the majority consensus is to keep the total building project at $1,935,500 in its currently designed Special City Council Meeting Minutes October 28,1997/Page 3 00348 configuration. It was further suggested that Bob Cooper, a member of the Telecommunications Commission, be asked to review the plans to determine the limitations of the training room for video production. STREET RECONSTRUCTION POLICIES City Administrator Hedges stated that the Public Works Committee met on October 13 and briefly discussed the current street reconstruction programs as well as a recommendation by City Councilmember Blomquist regarding financing options and how the City utilizes its appraisal documents. He stated that information City Councilmember Blomquist presented at the Public Works Committee meeting was not included with the information received by the City Council. City Councilmember Blomquist stated that she would like this item continued until the Public Works Committee has had an opportunity to review all the policies and information received by the City Council for this work session. Director of Public Works Colbert stated that there are three separate issues: 1) a presentation of the Pavement Maintenance Program which the City Council requested in the spring, 2) discussion regarding the appraisal process and 3) how street reconstruction projects should be financed. Mayor Egan asked the City Council whether this item should go back to the Public Works Committee or continue to be discussed at this meeting. City Councilmember Wachter stated that it is his desire to continue discussion stating that the Pavement Maintenance Program was to appear as a workshop item before the entire City Council and if there are questions or concerns that could be directed back to the committee for further review. He stated that the Public Works Committee did discuss appraisals stating that he and City Councilmember Blomquist had a difference of opinion as to whether the full appraisal or the results should be presented at the City Council meeting. City Councilmember Awada asked how many times the City has deviated from an assessment policy. Director of Public Works Colbert stated that all final assessment rolls are prepared in accordance with the City's policy. A summary table of the past five years of public improvements showed how many objections were received and how many adjustments the Council made. City Attorney Sheldon appeared and stated that he has reviewed the article City Councilmember Blomquist shared at the Public Works Committee meeting written by Larry D. Martin of the Larkin Hoffman Law firm and in a conversation with the League of Minnesota Cities stated that that is not a process the League follows. Mayor Egan stated that the City has to adopt a process that is fair to everyone in the community that have been assessed. City Councilmember Blomquist read several excerpts from her handout entitled "Managing Special Assessment Projects" which was written by Larry D. Martin. She further stated her desire to have the appraiser and attorney present at the assessment hearing and available to comment on the applicable law. On the applicable law the economics of the project can go a long way to deterring unhappy property owners from appealing their assessments. City Councilmember Masin stated that she has no problem with the Pavement Maintenance Program as presented. She further questioned how the City evaluates projects once they are completed, asking if there are any benchmarks or comparisons with other cities to determine the quality of street improvements. Director of Public Works Colbert stated that the City of Eagan has become the benchmark for many metropolitan communities further stating that staff are requested to present information about the Pavement Maintenance Program to other communities on an ongoing basis. Director of Public Works Colbert further addressed the excellent condition of streets in the City stating that special assessments are a type of community partnership the City and its residents have established for the reconstruction of City streets. Special City Council Meeting Minutes October 28,1997/Page 4 00349 City Councilmember Blomquist stated that the City is relatively new and questioned why certain records are not available prior to 1978 that provide information regarding residential street construction that occurred before that date. Director of Public Works Colbert stated that records were maintained by the consulting engineering firm of Bonestroo, Rosene and Anderlik which did not keep the type of records the City has maintained through the 1980's and 1990's. City Councilmember Awada asked how many more streets are left to complete for the street reconstruction program. Director of Public Works Colbert stated that only a few streets are remaining and these streets should be reconstructed during 1998/1999. City Councilmember Masin stated that she would like the City to consider a method to evaluate the condition of streets to determine whether the method of construction used by the City of Eagan is comparable to other communities. Director of Public Works Colbert stated that the City is utilizing the pavement condition index (PCI) which is a very accurate method of evaluation for street condition. City Councilmember Wachter questioned whether the City should put more money toward the street reconstruction program. City Councilmember Awada stated that additional money is not necessary for the 60 year life expectancy program the City Council adopted several years ago. Mayor Egan stated that according to the information provided by the Director of Public Works the program is funded within the budget. City Councilmember Awada stated that in her opinion there is no reason to change the street reconstruction program or its commitment to funding. She further stated that the Public Works Committee should take all the information provided in the report and throughout the discussion, review the data and make recommendations to the City Council. City Administrator Hedges stated that in order to continue planning for the street reconstruction projects in 1998, the City needs to proceed with the current policies in order to schedule public hearings. City Councilmember Blomquist expressed concerns on how potholes are maintained stating that she would like to see changes in the procedure. Street Maintenance Supervisor Struve made reference to a national report on filling potholes stating that every method imaginable has been study to measure efficiency and effectiveness further stating that the findings of the report recommend a procedure referred to as "throw and roll." He stated that the hot mix is placed in the hole and a city maintenance vehicle rolls over the hot mix. This is a very economical and efficient method for short term repairs and is typical for streets that are programmed for greater maintenance strategies. Mayor Egan thanked the staff for its presentation and a good Council discussion on the Pavement Maintenance Program. He further stated that the Public Works Committee will review and make any recommendations to the City Council on the street reconstruction program as presented. Public Works Director Colbert thanked the Council for their input and support and confirmed that the Public Works Department will implement the Pavement Maintenance Program as presented until the Council revises it. CLIFF ROAD PUBLIC IMPROVEMENT Director of Public Works Colbert stated that the City Council authorized the upgrading of Cliff Road to be programmed for consideration in 1998 as a part of the five year CIP. He further stated that the upgrading of Cliff Road from Chesmar Drive to Lexington A venue will require the preparation of feasibility reports, preliminary plans, neighborhood meetings and/or public hearings in regard to the median opening issue. He is asking for direction from the City Council on how best to proceed with the proposed project, recognizing the conflicting positions of the Parkcliff and Oak Chase neighborhoods regarding the median openings.. Special City Council Meeting Minutes October 28,1997/Page 5 00350 City Councilmember Awada asked why Dakota County does not hold the public hearings? Director of Public Works Colbert stated that the County doesn't need to hold public hearings. The legal requirement is a responsibility of the municipality for special assessments according to state statutes. City Councilmember Blomquist stated that the City and County need accurate data on the number of trips generated at each of the intersections with Cliff Road to help with a future decision on which of the three intersections with Cliff Road will be closed to a full median movement. City Councilmember Masin stated that the Park Cliff Addition should not be restricted to one entrance. Director of Public Works Colbert stated that the engineering division has addressed the impact on back yards, the golf course and other issues that were raised when the Cliff Road upgrade was first considered. Director of Public Works Colbert stated that the public hearing will be scheduled early in 1998 and, unless there's a different choice by the City, the County's position to close a full median access to Oak Chase Road will be presented at the public hearing. City Councilmember Awada stated that she was in agreement with that suggestion and further asked that the engineering staff monitor traffic count turns for a twelve hour period of time at all three intersections. She further stated that this will help the staff and City Council understand the traffic movements and which neighborhood would be the least impaired by closing the median access. Mayor Egan thanked the staff for its presentation and it was determined that the public hearing would be scheduled in early 1998 and further that full traffic count turns will be conducted for a twelve hour period of time at all three intersections and, finally, the project will consist of two full movement intersections with Cliff Road unless the staff is otherwise advised by the City Council prior to the public hearing. VALLEY VIEW PLATEAU WATER SERVICE REPAIRS Director of Public Works Colbert stated that an issue has surfaced regarding a leaking plastic water service and water mains located in the Valley View Plateau running along a side lot line between Highview Terrace and Highridge Terrace. He further stated that rehabilitation of the Valley View Plateau neighborhood is programmed for 1998. However, there is concern by engineering that the plastic water services may not function adequately until the street and utility repairs are made in 1998. Director of Public Works Colbert presented a map illustrating the service lines and the issues. After further discussion of the matter, it was agreed that the City should finance new services to each of the property lines that currently have plastic water services. SKATEBOARD PARK/CITY OF BURNSVILLE City Administrator Hedges stated that the City Council has received a letter from Elizabeth Kautz, Mayor of Burnsville, requesting consideration that the City of Eagan make a donation of $2,000 - $5,000 to help defray development costs for building a skateboard park in the city of Burnsville. She further stated that the city of Burnsville has made a concerted effort to develop a partnership with the school district and surrounding communities for a skateboard park. Mayor Egan stated that he has been extremely pleased with the initiative the city of Burnsville has taken to make the skateboard park a partnership with other units of government so that each individual city and school district are not lobbied for their own separate facility. City Councilmembers expressed concern about insurance, suggesting that the City of Eagan be held harmless if it decides to be a financial participant in the skateboard park facility. Director of Parks and Recreation Vraa stated that all entrants utilizing the facility will be required to sign a waiver of liability/hold harmless agreement in favor of the park and the City of Burnsville that will be prepared by their legal counsel. He further stated that the hold Special City Council Meeting Minutes October 28,1997/Page 6 00351 harmless agreement with other units of government has been acceptable in preliminary discussions with Burnsville. After further consideration and in a motion by Mayor Egan, seconded by City Council Awada with all members voting yes. Authorization was given to appropriate $2,000 to the City of Burnsville to help finance the Burnsville skate park as presented. PEG ACCESS PRESENTATION Mayor Egan suspended the Special City Council work session stating that the City Council will travel to the city of Burnsville to meet with the Burnsville City Council and Burnsville/Eagan Telecommunications Commission in the Burnsville Council Chambers to discuss a recommendation by the Telecommunications Commission and the Ad Hoc Communications Committee to transfer the public, educational and governmental (PEG) responsibilities from the cable company to another entity. The meeting was reconvened at Burnsville City Hall at 8:00 p.m. with members of the Burnsville City Council, Joint Telecommunications Commission, Telecommunications Coordinator Mike Reardon and Burnsville staff also in attendance. Burnsville Mayor Kautz welcomed participants to the meeting. Burnsville Deputy City Manager Tom Hansen introduced the item. Joel Alwine, Chair of the Telecommunications Commission, said that there were two items to discuss: The Public, Educational and Government (PEG) Access transfer and the PEG Management Operations Plan. Assistant to the City Administrator Hohenstein reviewed the Commission's and Ad Hoc Committee's recommendation to transfer the PEG Access production from the cable company to the cities. He presented PEG Access comparisons of the current programming and the proposed enhanced PEG Access. Hohenstein said that Meredith Cable is supportive of the transfer. The down side is that the cities are taking on a new enterprise. The pros and cons of the transfer were discussed. Mayor Egan asked about how daily operations would be handled. Hohenstein said that if the transfer happens, a Management Operations Plan and a budget will be brought back to the Councils. The councils will retain budgetary control. The importance of volunteers and addressing their needs was discussed. Motion by Burnsville Councilmember Deb Moran, seconded by Eagan Councilmember Awada, to direct staff to prepare a management plan to accomplish the transfer and set timelines for ongoing evaluation of the performance of the enterprise. Ayes all, motion carries. Hohenstein asked if the Councils' present distance from involvement in programming was appropriate. The Councils were supportive of the present practice. A Management Operations Plan will be sent to the Councils for review prior to final adoption. Hohenstein asked if the Councils or Commission had any further questions. Shover asked if telecommunications would be used on a broader basis. Chair Alwine reported that the Commission is gathering technology information on how to better utilize the cable system and any needs will be brought back to the cities. OTHER BUSINESS There being no other business, the meeting was adjourned at 8:50 p.m. October 28, 1997 Date