Loading...
03/06/2000 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 6, 2000 OU060 A regular meeting of the Eagan City Council was held on Monday, March 6, 2000 at 6:30 p.m. at the Eagan Munidpal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, and Carlson. Counci1member Bakken was absent on military duty. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. AGENDA: ......................... . . . . . . . . . . . . . . . . . . . . . . . . City Administrator Hedges said that the National Wild Turkey Federation had requested consideration of an Exemption from the Lawful Gambling License for an upcoming raffle. Mayor Awada stated that the item would be added to Department Head Business. , Counci1member Carlson moved, Mayor Awada seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 MJ~~':Qfi,mtm:gl:~iW~x:~$;:gQ:~~Jtg~ilj::I~w~~g Counci1member Masin raised a question about the wording on pages two and three relating to Counci1members editing staff's agenda and said she thought it was the Council's agenda. Mayor Awada stated that the minutes are correct and added that it is the Council's agenda but staff is responsible for preparing it. Councilmember Masin requested that the first full paragraph on page six be revised as follows, "Counci1member Masin said she was concerned about item 8.1 in the handout because it was a stumbling block and that 8.1 'o','(}$ thc only documcnt that refcrcnced this procedure has no apparent reference." , Counci1member Blomquist moved, Counci1member Masin seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 M~~1.$$.:Q$'J;lgm;~RQ\~:RX:1Sig!l.oo:I{gg~~M~m!N1 Councilmember Masin requested that the first sentence in the second paragraph on page six under Consider Membership, Dakota County Economic Development Partnership be changed as follows, "Councilmember Masin stated that in the past the Economic Development Commission has supported the City's membership in this organization; however, some of the City Council members did not want to belong." Counci1member Carlson moved, Counci1member Blomquist seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 RECOGNITIONS&:PREsEm1lTioNs .................'................................................................................................................................................................... RECOGNITION OF MAYA BABU - PRUDENTIAL SPIRIT OF COMMUNITY AWARDS, DISTINGUISHED FINALIST City Administrator Hedges provided an overview on this item. Maya Babu discussed the education and awareness campaign that she spearheaded which targeted adult providers of alcohol to minors. Counci1member Carlson noted that Ms. Babu also won the state debate championShip. Mayor Awada suggested that Ms. Babu display her award at City Hall. EAGAN CI1Y COUNCIL MEETING MINUTES; MARCH 6, 2000 PAGE 2 00061 t'{.i6in:'Y'imN""'.';;;:r"ini:i:ri":.ii',.S".."iliitHS""'E .y~~:~:~:;i~~:..:::.t~;:~~~Q1~#~d~py:..:.:A~*:....;# GRANT APPLICATION, LCTS City Administrator Hedges provided an overview on this item. Counci1member Masin moved, Counci1member Carlson seconded a motion to approve the Local Collaborative Time Study (LCTS) Grant from the Police Department to School District 196 for funding support of Wescott Police Substation. Aye: 4 Nay: 0 ECONOMIC DEVELOPMENT PARTNERSHIP UPDATE Councilmember Blomquist provided an update. ALLOCATION OF TREE MITIGATION FUNDS City Administrator Hedges provided an overview on this item. Counci1member Masin inquired about the possibility of saving the trees at the comer of Galaxie and Cliff. Director of Parks and Recreation Vraa stated that the property could be considered for preservation purposes. Mayor Awada moved, Councilmember Carlson seconded a motion to approve the Tree Mitigation Fund Policy. Aye: 4 Nay: 0 EXEMPTION FROM LAWFUL GAMBLING PERMIT, NATIONAL WILD TURKEY FEDERATION City Administrator Hedges provided an overview on this item. 00-15 Counci1member Carlson moved, Counci1member Masin seconded a motion to approve a resolution providing for an exemption from the lawful gambling license requirement for the National Wild Turkey Federation to conduct a raffle on March 21,2000 at the Royal Cliff Banquet Facility. Aye: 4 Nay: 0 CENSUS 2000 City Administrator Hedges noted that the Census Committee would be meeting tomorrow. He mentioned that the Census Bureau needs 7,000 people from this region to help with the Census and encouraged interested individuals to apply. Counci1member Masin asked if the Census Readiness Kick- off videotape was still playing on Channel 16. City Administrator Hedges said that he would check on the status. G.QN$~NW:[?\Q'e.NPi A. Personnel Items Item 1. It was recommended to approve the hiring of Angela Ellison as an Engineering Technician at the Maintenance Facility. Item 2. It was recommended to approve the hiring of Bruce Wilken as an Engineering Technician in the Engineering Department. Item 3. It was recommended to approve the hiring of Ben Kristensen as a temporary intern in Administration. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000 PAGE 3 00062 Item 4. It was recommended to approve the hiring of a person to be recommended for hire as the part- time Clerical Technidan II/Receptionist for the Finance Department. Item 5. It was recommended to approve the hiring of a person to be recommended for hire as the IT Technidan for the Cities of Eagan and Burnsville. Item 6. It was recommended to establish a Joint Recycling Coordinator position to be shared between the Cities of Eagan and Burnsville. Item 7. It was recommended to accept the resignation of Claudia Knutson, Criminal Intelligence Analyst for the Drug Task Force. Item 8. It was recommended to approve the reclassification of the GIS Technician at Central Services Maintenance to Senior GIS Technician. Item 9. It was recommended to approve the hiring of Paige Gilgan, Jacqueline Peters, Mali Walters, Anne Rousch, Charles Goodman, Kristi Millman, Lindsay Marko, Kathryn Haseman, Emily Brown, Kathryn Jamieson, Derek Harmon, Matt Porter, Matt Spurr, Kristi Guenther, Beth Butler, Christin Weggemann, Grant Mestnick, Jennifer Kilby and Melissa Mariner as seasonal lifeguards at Cascade Bay. Item 10. It was recommended to approve the hiring of Kristin Rogers, Carrie Peterson and Ann Morin- Skumatz as seasonal guest relations shift leaders at Cascade Bay. Item 11. It was recommended to approve the hiring of Ryan Vanderlugt, Ashley Kjos and Kathryn Glynn as guest relations workers at Cascade Bay. Item 12. It was recommended to approve the hiring of Stephen Byrnes, Dan Kasperek and Dale Skogstad as seasonal concessionaires at Cascade Bay. Item 13. It was recommended to approve the hiring of Ryan Sisson as a seasonal maintenance worker at Cascade Bay. Item 14. It was recommended to approve the hiring of Steve Polkowski as a seasonal concession worker/skate guard at the Civic Arena. Item 15. It was recommended to approve the hiring of Norman Peterson as a seasonal park laborer. Item 16. It was recommended to approve the hiring of Joe Stephens as a seasonal park attendant. B. 1999 General Fund Budget adjustments. It was recommended to approve the 1999 General Fund Budget adjustments. C. Extension for recording the final plat for Lexington Bell 2nd Addition - U.s. West. It was recommended to approve a 90-day extension for recording the final plat for Bell Lexington 2nd Addition, consisting of one lot located on the northeast corner of Lexington Avenue and Lone Oak Road in the SW 1/4 of Section 2. D. License renewals for the year 2000, tree contract and tobacco. It was recommended to approve the tree contractor license renewals and the tobacco license renewal for the year 2000. E. Request for funding, Eagan Healthy Community Initiative. It was recommended to make the necessary budget adjustments and transfer of funds. F. Approve Settlement Agreement, Cliff Road Water Treatment Facility (Masonry Restoration). It was recommended to approve the settlement agreement for the masonry restoration of the Cliff Road Water Treatment and authorize the Mayor and City Clerk to execute all related agreements. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6,2000 PAGE 4 00063 G. Approve Settlement Agreement, Project 742 (easement acquisition). It was recommended to approve a Settlement Agreement for Parcels 10-01400-010-25 and 10-01400-010-05 (Carriage Hills Country Club) regarding the easement acquisition for Project 742 (Wescott Woodlands - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. H. Ordinance amendments, Chapter 4 of the Eagan City Code. It was recommended to direct staff to initiate an ordinance amendment to Chapter 4, Section 4.01 as a result of legislative changes. I. Premises permit renewal application, Eagan Lions Club to conduct a pull tab operation at Cedarvale Lanes. It was recommended to approve a resolution renewing the charitable gambling premises permit 00-16 for the Eagan Lions Club to conduct a pull-tab operation at Cedarvale Lanes located at 3883 Beau d'Rue Drive. J. Application, MN ReLEAF Forest Health Grant. It was recommended to authorize the submission of an application for a 2000 Minnesota ReLEAF Forest Health Grant from the Minnesota Department of Natural Resources. K. Contract 00-06, receive bids/award contract (Pond BP-12 Improvements). It was recommended to receive the bids for Contract 00-06 (Pond BP-12 - Water Quality Improvements), award the contract to Rud Construction, for the Base Bid in the amount of $32,615.00, and authorize the Mayor and City Clerk to execute all related documents. Counci1member Blomquist moved, Counci1member Carlson seconded a motion to approve the Consent Agenda. Aye: 4 Nay: 0 ..............................................-.... p.."tJB......U.."'..C"..""Hti.......'Al{"......"}N..'..'..Q" ""5..' . .. .. . .-.,.-.... - .' -. ... : -::" :::.:. : :::- . :::::::; .: : :,:',,:: -:-: .... :.::<< : . ............................................,....... . .....n................. ........... ..... ADOPTION OF ENABLING RESOLUTION FOR CREATION OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY City Administrator Hedges provided an overview on this item. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. Counci1member Blomquist moved, Counci1member Carlson seconded a motion to approve the enabling resolution for creation of the Eagan Economic Development Authority. Aye: 4 Nay: 0 00-17 ESTABLISHMENT OF DEVELOPMENT DISTRICT AND APPROV AL OF DEVELOPMENT PROGRAM City Administrator Hedges provided an overview on this item. He noted that the development program objectives should be expanded to not only include the development of a community center but also the development of a bandshell, community facilities and any other community designated events appropriate for the Central Park. Counci1member Blomquist suggested the inclusion of language pertaining to a central meeting place. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. Counci1member Blomquist moved, Counci1member Carlson seconded a motion to approve the resolution establishing the development district, approving the development program and declaring 00-18 intent to finance a portion of land costs. Aye: 4 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000 PAGES 00064 ECONOMICDEVELoJiMEN!t:AmHQRITY,MEEUNG ................................................................................................................................................................................................................................................................................. The regular City Council meeting was adjourned at 7:00 p.m. to the Economic Development Authority meeting. The City Council meeting was reconvened at 7:10 p.m. (Minutes of the EDA meeting are recorded under separate cover). ADOPT RESOLUTION DECLARING INTENT TO FINANCE A PORTION OF LAND COSTS Counci1member Blomquist moved, Counci1member Masin seconded a motion to adopt a resolution declaring the Council's intent that any proceeds from the sale of Development District #3, or a portion thereof, be used to retire the bond debt. Mayor Awada asked Director of Finance VanOverbeke why the Council should wait to take this action. VanOverbeke responded that the resolution could affect the rate the City receives on the bonds due to the potential short call. Counci1member Blomquist said that she wanted to ensure that the Council's intent to payoff the bond debt was a matter of record. Mayor Awada stated that paying off the bond debt is the intent of the entire Council but added that it is in the City's best financial interest to hold off on passing a resolution to this effect. Counci1member Masin concurred with Councilmember Blomquist in wanting to ensure that the Council's intent to payoff the bond debt was a matter of record. She further said that the present City Council can not bind any future City Councils. Councilmember Blomquist stated that her intent was to make a commitment to the citizens. Counci1member Carlson added that she is committed to this endeavor and that if the property is sold the proceeds will have to be used to payoff the bonds. Aye: 3 Nay: 1 (Mayor Awada and Counci1members Carlson and Masin opposed) PROJECT 787, CHAPEL HILL BAPTIST CHURCH (SANITARY SEWER & WATER IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Development/Design Engineer John Gorder gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Ann O'Reilly, attorney representing Louie and Marcella Schindeldecker - 4880 Pilot Knob Road, stated that the Schindeldeckers do not receive any benefit &om this project because they have their own sewer and water system. She said that the church is the only benefiting property and their assessment is not proportionate to the benefit they will be receiving. She noted that the Schindeldeckers would qualify for a deferment due to their age and disability status. She further noted that the deferment would be requested without interest. Mayor Awada stated that in many cases assessments have been deferred until the property is subdivided or at the time of hookup to City sewer and water. Ms. O'Reilly asked if there was a stipulation regarding when hookup to City sewer and water must occur. Director of Public Works Colbert stated that City policy mandates that at the time of ~ell or septic failure the property owner must connect to City utilities. Counci1member Carlson noted that both parcels are designated for park purposes in the Comprehensive Guide Plan and questioned the long-term use of the property. Arnie Doering, 4884 Pilot Knob Road, stated that he previously provided an easement to the church for this purpose and had already been assessed for Grace Drive and the widening of Pilot Knob Road. Mayor Awada said that the same provisions that would apply to the Schindeldeckers would also apply to Mr. Doering. Further discussion occurred regarding deferral of assessments. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000 PAGE 6 00065 Jamie Booth, representing Chapel Hill Baptist Church, explained their need for City utilities and requested that the Council defer the assessments to the residents. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Mayor Awada moved, Councilmember Carlson seconded a motion to approve Project 787 (Chapel Hill Baptist Church - Utility Improvements), authorize the preparation of detailed final plans and specifications and direct staff to prepare the appropriate deferrals for consideration at the time of the final assessment hearing. Aye: 4 Nay: 0 PROJECT 750, TH 55JBLUE WATER ROAD (ACCESS MODIFICATIONS & FRONTAGE ROAD IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Matt Hanson, representing SRF Consulting Group, provided additional project details. Mayor Awada opened the public hearing to anyone wishing to speak. Jack Hoeschler, representing Dart Transit, stated that Dart is not requesting the frontage road and there is no benefit to the properties on the south side of Highway 55. Discussion occurred regarding the studies that were conducted and determinations regarding access points. Mr. Hoeschler stated that Dart would like to see both access points and median cuts retained. He added that no substantial evidence has been presented to justify the closure. He further added that the development to the north of Highway 55 was causing the need for the frontage road; however, the property owners to the south are being assessed 100% of the cost. Greg Miller, Wispark, expressed his support for the project. He mentioned that an AUAR Study was completed for this area and commented on the assessments Wispark incurred as a result of street construction required as a part of that study. He said that this area needs a cohesive transportation plan. Tony Philipi, business owner at 2875 Highway 55, commented on the heavy hauling occurring on TH 55 and added that some of the equipment moving in and out of his property requires wide turning capabilities. He further added that there is no benefit to his business. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. The City Council referenced a letter of opposition received from the Imre family. Discussion occurred regarding the hardship to the lmre property and access issues. Counci1member Blomquist expressed concern about the lack of breakdown on estimates regarding the assessment amounts. She said it would be incumbent upon the City to perform appraisals to determine the actual benefits to these property owners. She added that she was not opposed to the project but rather wants to ensure that the property owners are receiving a benefit. She suggested the amount of benefit be derived at before the project is ordered. Counci1member Masin stated that the people in opposition to the project had presented substantial arguments. She concurred that the City should determine if there is a benefit to the property owners. Mayor Awada commented on the need for the project and stated that the Council should approve it and direct staff to have appraisals prepared and presented at the time of the final assessment hearing. Counci1member Blomquist reiterated her suggestion to prepare the appraisals prior to ordering the project. Mayor Awada stated that she did not want to get into a discussion on the assessment policy since a Councilmember is currently in litigation with the City over a street assessment. She noted that approving the project will determine the maximum amount that can be assessed. She said that the EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000 PAGE 7 00066 decision before the Council does not pertain to assessments but rather whether or not the street is merited. She stated that she was in support of the improvement. Counci1member Masin suggested continuing this item to the next meeting to allow her an opportunity to visit the area with staff. Mayor Awada asked how the delay would affect the construction of the street. Councilmember Carlson said that the road improvements are needed and there are safeguards in place to ensure that the properties will not be assessed above the maximum amount determined. She commented that she had some reservations because of the steep assessments and suggested reviewing the appraisals prior to ordering the project in an effort to determine the City's obligation. Mayor Awada asked how long it would take to prepare the assessments. Director of Public Works Colbert stated that the appraisal process would be much more involved than that used for residential properties and indicated that it may take upwards of two months. He mentioned that the project could not be awarded until after July 1 due to the fiscal year funding program that MnDOT approved for this project. Counci1member Blomquist moved, Mayor Awada seconded a motion to continue Project 750 (TH 55/ Blue Water Road - Access Modifications & Frontage Road Improvements) to the May 16, 2000 City Council meeting and to authorize staff to prepare appraisals. Aye: 4 Nay: 0 Q)%p:)l[Q~D.i~$$ CLARIFICATION OF THE SIGNAGE PLAN FOR MVTA City Administrator Hedges provided an overview on this item. Joanne Olson, LSA Design, commented on the proposal and said that they have attempted to keep the signage small and minimal. Mayor Awada stated that a clock tower was supposed to be located in the center of the development as specified in the development agreement. She added that the lighting and guardrail design was supposed to be similar to that of the Yankee Doodle Road bridge. Counci1member Masin stated that the proposed signage will still be under the maximum allowed. Discussion occurred regarding the height of the signage. Senior Planner Ridley stated that staff would review the Planned Development Agreement and the minutes to address the clock tower issue. City Attorney Mike Dougherty stated that the PD Agreement may need to be amended if the MVT A wanted to change the location of the clock tower. Counci1member Blomquist moved, Mayor Awada seconded a motion to continue the allowable signage for the proposed MVTA transit station indefinitely. Aye: 4 Nay: 0 CONTRACT 00-04, (DUCKWOOD DRIVE - STREET OVERLAY) City Administrator Hedges provided an overview on this item. Mayor Awada moved, Counci1member Carlson seconded a motion to approve the plans for Contract 00-04 (Duckwood Drive - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 13, 2000. Aye: 3 Nay: 1 (Counci1member Blomquist opposed) Counci1member Masin stated that she was approving the contract with the understanding that she was concerned about the assessment issue. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000 PAGES 00067 Na\MiusINESS ...............................................................-..,..... PLANNED DEVELOPMENT AMENDMENT - TORGERSON PROPERTIES TO AMEND SIGNAGE FOR ST A YBRIDGE SUITES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Counci1member Carlson moved, Counci1member Masin seconded a motion to approve a Planned Development Amendment to allow the erection of a wall sign on the southern facade of the Staybridge Suites Hotel located south of Rahn Way and west of Rahn Cliff Road in the northeast % of Section 31 subject to the following conditions: 1. Prior to erection of the wall sign, a sign permit shall be obtained from the City. 2. The applicant shall enter into a Final Planned Development Amendment Agreement with the City. 3. No wall signs on the north and east sides of the hotel shall be allowed. Aye: 4 Nay: 0 PRELIMINARY SUBDIVISION - ZIRNHELT PROPERTIES, LLC (EAGANDALE OFFICE PARK 5TH ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Counci1member Carlson moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision (Eagandale Office Park 5th Addition) consisting of 2 lots located upon approximately 6.8 acres of land located south of Corporate Drive and east of Pilot Knob Road in the northwest 1/4 of Section 3 subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: AI, B4, Cl, Dl, El 2. The property shall be platted. 3. Proposed Lot 2 shall be subject to a cash parks dedication and cash trails dedication at the time of building permit. 4. The existing drainage and utility easement over the storm sewer pipe along the north edge of Lot 2 shall be expanded from 10 feet to 20 feet in width. 5. The applicant shall prepare an ingress/egress easement (for the shared access) and cross parking easement (for the shared parking) between Lots 1 and 2. Such easements shall be submitted to the City Attorney for review and approval prior to final subdivision approval. 6. The applicant shall prepare and the City Attorney shall review and approve an easement relating to the internal connection between the two building phases. Such easement shall be recorded with the final subdivision. 7. Building plans, materials and construction associated with phase 2 development shall be such that they will ensure an interior sound level of 50 dBA. 00068 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000 PAGE 9 8. Lot 2 building development (upon proposed Lot 2) shall include a physical connection to the structure presently existing upon the property. Aye: 4 Nay: 0 INTERIM USE PERMIT - NORTHWEST AIRLINES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Counci1member Blomquist stated that she would be abstaining on this item. Counci1member Carlson moved, Mayor Awada seconded a motion to approve an Interim Use Permit (IUP) to allow the existing of six temporary classrooms on Lot 1, Block 1, Lone Oak Second Addition, located in the northeast 1/4 of Section 1 subject to the following conditions: 1. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The permit shall terminate on March 1,2001. 3. No physical modifications to the existing temporary classrooms shall take place. Counci1member Masin questioned when a permanent training facility was going to be constructed. The applicant said that Northwest Airlines has an agreement with Pan Am International to ensure the start of construction of a training facility by the end of June 2000 otherwise the trailers will be removed. A vote was taken on the motion. Aye: 3 Nay: 0 (Councilmember Blomquist abstained) lji.GJ.$mimJM~~R,UQM$.!N_ilj:miYB.$ AIRPORT MITIGATION LEGISLATION City Administrator Hedges provided an overview on this item. Counci1member Masin moved, Councilmember Carlson seconded a motion to approve support of the proposed airport mitigation legislation and communicate that support to the City's state legislative delegation. Aye: 4 Nay: 0 City Administrator Hedges thanked Assistant City Administrator Jamie Verbrugge for his efforts in regard to this issue. ~pl~$]~WtY~,.^q~NPA; REASSESSMENT REQUEST FOR PROJECT 636R Director of Public Works Colbert provided an overview on this item. Larry Poppler, 3030 Poppler Lane, stated that the neighborhood was making a unified request for reconsideration of the assessments associated with Project 636R. He said that the request was being made because a mistake had been made with regard to the classification of the property being assessed. Mayor Awada stated that the City Council had addressed this issue last fall. She explained the rationale for calculating the assessments. She further explained that the improvements made to Poppler Lane were development driven. Discussion occurred regarding which member of the City Council could make a motion to reopen the assessment issue. Councilmember Masin questioned the number of situations where 00069 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000 PAGE 10 everyone in the neighborhood was classified as a developer. Director of Public Works Colbert responded that the City does not have a specific assessment classification for developers and that all properties were equally assessed the same per lot rate. Counci1member Carlson said that an agreement was previously reached with the property owners regarding the assessments. She added that she was concerned about repealing certified assessments and the precedent that would set. Mayor Awada asked when the City started doing appraisals on reconstruction projects. Director of Public Works Colbert stated that appraisals have been progressively performed over the last eight years. Counci1member Masin said that at some point the City made a mistake that now affects three other property owners. Councilmember Carlson reiterated that an agreement was negotiated. Counci1member Blomquist said that it was her fear that the agreement was never agreed to by the other property owners. She stated that this assessment was not levied fairly. Director of Public Works Colbert noted that the developer, Larry Poppler, Sr., agreed to waive his right to object to any assessments. Mayor Awada added that the Public Works Committee negotiated with Mr. Poppler and he was in agreement with the reduced assessment amount. Mr. Poppler said that there were a lot of inconsistencies with how the assessments were calculated and he added that the residents were not treated fairly. Counci1member Carlson asked if it would be possible to repeal the assessments to the three property owners and bill the developer for the full amount. City Attorney Dougherty said it would not be possible to bill the developer for previous assessments that were levied to other property owners. Mayor Awada clarified that, in order to formally reconsider this issue, it would require a motion by a member of the prevailing motion from last September when the Council rejected a similar request for reconsideration. With no Counci1member offering any further discussion, the Mayor informed Mr. Poppler that the Council could not go any further with his request. ........................................... """"1).. "'}"'O'" .,'lJl{.".. ..'NMj."..'.E.'N];.."...... .. .... ~}i}:"."..,""',',:.,',.,"",.,',} The meeting adjourned at 9:40 p.m. to an Executive Session for the purpose of discussing pending litigation regarding the Michael Vincent vs. City of Eagan, Mayor Awada and Councilmembers Bakken and Carlson. Present were Mayor Awada and Councilmembers Masin, Blomquist and Carlson, City Administrator Tom Hedges, City Attorney Mike Dougherty, legal counsel Cliff Greene and Doug Gronli with the League of Minnesota Cities Insurance Trust. Date MLK MARCH 6, 2000 If you need these minutes in an alternative form such as large print, Brail ,audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.