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01/19/1999 - City Council Regular MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota 0001.5 January 19, 1999 A special meeting of the Eagan City Council was held on Tuesday, January 19, 1999 at 5:45 p.m. in the City Council Chambers of the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Blomquist, Carlson and Masin. Also present were Assistant City Administrator Verbrugge, Director of Finance VanOverbeke, Director of Public Works Colbert, Senior Planner Ridley and City Administrator Hedges. UPDATE BY LEGISLATIVE DELEGATION City Administrator Hedges stated that each year, early in the legislative session, the City Council has made an effort to meet with their legislative delegation for the purpose of discussing issues of mutual concern that are likely to be raised during the legislative session. Mayor Awada welcomed Senator Wiener, Representative Wilkin and Corrine Hoeft, representing Congressman Bill Luther's office. She further stated that the City of Eagan is actively involved in legislative positions through the Municipal Legislative Commission, Association of Metropolitan Municipalities and League of Minnesota Cities. Mayor Awada facilitated discussion around the City's interest in extending light rail transit (LRT) into the City of Eagan around the Cedar Freeway/Trunk Highway 13 interchange. Senator Wiener and Representative Wilkin both stated that funding is an issue; however, they will pursue the City's desire to have LRT extended into the City of Eagan at the Highway 13/Cedar Freeway location. City Council member Blomquist stated that the new City Council has not taken a position relative to LRT, however, agrees that the City should proceed with the Cedarvale study and keep pushing for LRT even though the extension of LRT into Dakota County may not occur right away. City Councilmember Masin stated that she is chairperson of the Suburban Transit Authority which supports implementation of the Hiawatha Avenue Corridor and plans to actively participate in the debate relating to line expansion which would likely occur into the City of Eagan. Senator Wiener stated that she has received positive feedback on busing and commended City Councilmember Masin and the City of Eagan for their support and involvement with the MVT A. Mayor Awada stated that the expansion of LRT into the City of Eagan will provide an excellent means of transportation for more people to fill job openings in the City of Eagan where unemployment is averaging approximately 1.5%. Representative Wilkin agreed, stating that the Legislature and local units of government need to be more aggressive with the promotion of the bus systems until the LRT system is completed. Other topics that were discussed included the status of the Metropolitan Council and appointment process for the Metropolitan Council representative for District 15, new building code revisions and sales tax. Senator Wiener stated that she is in support of repealing sales tax to local units of government. Representative Wilkin stated that he has offered legislation that would abolish vehicle emission testing. Ms. Hoeft, representing Congressman Luther, commented on TEA 21 legislation and how that transportation funding will continue to help with highway improvements. She further stated that the Congressman has supported funding LRT in the past. She also provided information on Y2K and spoke to the 2000 census, suggesting that a workshop be held in the future with local officials. After further discussion and dialogue. Mayor Awada thanked Senator Wiener, Representative Wilkin and Corrine Hoeft for their attendance and participation at the City Council's legislative update. ADJOURNMENT There being no further business, the meeting was adjourned at 6:15 p.m Date ~~)I~- ..\ City Clerk ~J TLH January 19~ 1999 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 19, 1999 0001.6 A regular meeting of the Eagan City Council was held on Tuesday, January 19, 1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and CounciImembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Councilmember Bakken moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE JANUARY 5, 1999 REGULAR MEETING Councilmember Masin requested on page one, the first sentence in the fifth paragraph be revised as follows, "Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as amended to incorporate the inadvertent omission of discllssion and conditions by the Recording Secretanj as follows: In regard to Page 8, Paragraph 6: . . . . Councilmember Masin requested on page nine, the first sentence in the third paragraph be revised as follows, "CounciImember Masin referenced the intersection at Diffley and Rahn and said the County has ranked this as the most dangerous intersection and she requested that the public meeting regarding improvements to this intersection not be delayed to accommodate a signal at the W escott/ Lexington intersection." Councilmember Masin requested on page 12, the second sentence in the second paragraph from the bottom be revised as follows, "She further said she has talked with a Dakota County staff person who is anxious to meet with the Council so that she and the community representatives can review the discussion on LRT." Councilmember Bakken moved, Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 UPDATE BY LEGISLATIVE DELEGATIONfDAKOTA COUNTY COMMISSIONERS City Administrator Hedges provided an overview on this item. Dakota County Commissioner Patrice Bataglia provided an update on issues being addressed by the County Board that affect the City of Eagan. She commented on Eagan's 25th anniversary as a city and noted that Dakota County is also celebrating 150 years as a county this year. Dakota County Commissioner Nancy Schouweiler was also present and introduced herself to the Council and discussed her plans for the next four years while she is in office. CounciImember Masin mentioned that during her attendance at the NLC she and Apple Valley Mayor Mary Hamann-Roland attended a workshop and received some information on celebration planning for the milIenium 'and asked about the County's plans in this regard. Commissioner Bataglia said she thought it would be great if the County coordinated planning activities to celebrate the millenium with the City. Councilmember Masin suggested the County of Future Group also be included in the planning process. Commissioner Bataglia asked that Mayor A wada include discussion on the millenium on an agenda of the Dakota County Mayor/Manager's group and she will schedule it on an agenda of the Dakota County Economic Development Partnership. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19, 1999 PAGE 2 00017 DEPARTMENT HEAD BUSINESS CounciImember Masin asked if it would be possible to rebroadcast City Council and commission meetings more frequently. City Administrator Hedges said he will check to see if meetings can be replayed more often. CounciImember Carlson left the meeting at 6:55 p.m. Councilmember Masin moved, Councilmember Blomquist seconded a motion to request more frequent airing of City Council and commission meetings on local public access. Aye: 4 Nay: 0 Mayor Awada noted that she would be reading consent item I, Proclamation recognizing the 25th Silver Anniversary of the City of Eagan. Councilmember Blomquist moved, Councilmember Masin seconded a motion to separate Items CD, E and F from the consent agenda: Aye: 4 Nay: 0 Councilmember Carlson returned to the meeting at 7:00 p.m. Mayor Awada read the proclamation recognizing the 25th Silver Anniversary of the City of Eagan. CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the promotion of Detective Kevin McGrath and Officer Steve Anselment to Sergeants in the Eagan Police Department. Item 2. It was recommended to approve the hiring of Vincent Mergens, Daniel Smith, Dan Cullen, Kyle Cloutier, Randy Boyden and Keith Wallace as part-time seasonal broomball/boot hockey officials. Item 3. It was recommended to approve the hiring of Jeff VanOverbeke as a seasonal street maintenance worker. Item 4. It was recommended to approve the hiring of Robert Rausch, Dave Jungers, Patrick Elam and Cory Knaffla as seasonal park maintenance workers. Item 5. It was recommended to approve the hiring of Krystal Heaver, Adam Keeler, Heidi Borgschatz, John Plut, David Robinson, John Hayden, Jason Ponsonby, Kristopher Scheurer, Andrew Koppang and Mark Cleare as part-time seasonal winter recreation leaders. Item 6. It was recommended to approve a week of vacation time during January for the City Administrator. Item 7. It was recommended to approve the submission of the pay equity implementation report to the Minnesota Department of Employee Relations. Item 8. It was recommended to accept the letters of resignation from Police Officers Christopher Erickson and Rochell Maier. Item 9. It was recommended to accept the letter of resignation from Dispatcher Michelle Salter. Item 10. It was recommended to accept the letter of resignation from Recycling Intern Myla Nofsker. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19, 1999 PAGE 3 00018 B. Approve Joint Powers Ag-reement, Dakota County cities (Traffic Markin&s , Street sweepin&, Sealcoatin& and Cracksealin&). It was recommended to approve the 1999 Joint Powers Agreement for street maintenance and authorize the Mayor and City Clerk to execute all related documents. . C. Project 757, present feasibility report/ order public hearin& (Rid&eview Acres - Street Rehabilitation Overlay). This item was pulled from the consent agenda upon motion by Councilmember Blomquist, seconded by CounciImember Masin. Aye: 4 Nay: 0 D. Project 759, present feasibility report/ order public hearin& (Beau D'Rue Drive - Street Recyclin&). This item was pulled from the consent agenda upon motion by CounciImember Blomquist, seconded by Councilmember Masin. Aye: 4 Nay: 0 E. Proiect 762, present feasibility report/ order public hearin& (Duckwood Trail - Street Recycling). This item was pulled from the consent agenda upon motion by Councilmember Blomquist, seconded by Councilmember Masin. Aye: 4 Nay: 0 F. Proiect 763, present feasibility report/ order public hearin& (Duckwood Estates - Street Rehabilitation Overlay). This item was pulled from the consent agenda upon motion by Councilmember Blomquist, seconded by Councilmember Masin. Aye: 4 Nay: 0 G. Project 87-N, release of recorded development contract (B.B.D. Addition/Fox Rid&e Shoppes- Utilities). It was recommended to approve the release of the recorded development contract for Contract 87-N (B.B.D. Addition/Fox Ridge Shoppes - Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. H. 1999 License renewals for trash haulers, tobacco, tree contractors and commercial fertilizer applications. It was recommended to approve the 1999 license renewals for trash haulers, tobacco, tree contractors and commercial fertilizer applicators as presented. 1. Proclamation, reco&nizing the 25th Silver Anniversary of the City of Ea&an throughout 1999 with events, festivities and celebrations desi&ned to create awareness and develop a "sense of community". It was recommended to approve a proclamation recognizing the 25th Silver Anniversary of the City of Eagan. 99-3 J. Exemption from lawful gambling license, All Parks Alliance for Chan&e to conduct a raffle on March 7, 1999 at Cedarvale Lanes, 3883 Beau D'Rue Drive. It was recommended to approve an exemption from the lawful gambling license, All Parks Alliance for Change to conduct a raffle on March 7, 1999 at Cedarvale Lanes, 3883 Beau D'Rue Drive. 99-4 K. Project 761, present feasibility report/ order public hearing (Duckwood Drive - Street Rehabilitation Overlay). It was recommended to receive the engineering analysis for Project 761 (Duckwood Drive, Denmark Avenue to Lexington Avenue - Street Overlay) and postpone the scheduled improvements for consideration in the 2000 construction season. L. Authorization to resubmit Minnesota ReLEAF Grant. It was recommended to authorize the submission of application for a 1999 Minnesota ReLEAF Community Forest Health Program Grant from the Minnesota Department of Natural Resources. M. Approve a&reement - Dakota County Sentence to Serve Program. It was recommended to approve the 1999 contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and Clerk to execute the agreement. N. Approve letter from the Airport Relations Commission to MAC requestin& fundin& for sound insulation beyond 65 DNL. It was recommended to approve a letter to the Metropolitan Airports EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19, 1999 PAGE 4 00019 Commission (MAC) requesting that the Valley View Plateau neighborhood be considered for the sound insulation program and that MAC consider using monies not regulated by the Federal Aviation Administration (FAA) for that purpose. O. Approve 1998 General Fund Budget adiustments. It was recommended to approve the 1998 General Fund Budget adjustments. P. Extension for recording final plat (Gopher Eagan Industrial Park No.5) John Allen. It was recommended to approve a 90-day extension for recording the final plat for Gopher Eagan Industrial Park 5th Addition, consisting of one lot located east of Hwy. 149 at Yankee Doodle Road in the SE % of Section 12 and the NE % of Section 13. Q. Exemption from lawful gambling license, Ducks Unlimited to conduct a raffle on February 23,1999 at 99-5 Brianno's, 2280 Cliff Road. It was recommended to approve an exemption from the lawful gambling license for Duck's Unlimited to conduct a raffle on February 23, 1999 at Brianno's. R. Tree contractor licenses for Ouality Brush & Stump Removal and Shorewood Tree Service. It was recommended to approve tree contractor licenses for Quality Brush & Stump Removal and Shorewood Tree Service as presented. CounciImember Bakken moved, Councilmember Carlson seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Mayor A wada acknowledged the four items that were separated by motion from the consent agenda. In regard to Item C, Project 757, present feasibility report/ order public hearing (Ridgeview Acres - Street Rehabilitation Overlay), Councilmember Bakken moved, Councilmember Blomquist seconded a motion to receive the draft feasibility report for Project 757 (Ridgeview Acres - Street Overlay) and schedule a public hearing to be held on March 2, 1999. Councilmember Blomquist said she was concerned that the assessment policy by which the Council sets the public hearings needs to be reviewed. Councilmember Masin questioned if the Council should defer action on this project if the assessment policy is to be reviewed in the future. Mayor Awada stated that the Council has not directed staff to schedule discussion on the assessment policy on an agenda. She further stated that although she understands Councilmember Blomquist's concerns she does not share the same concerns. She added that she is willing to revisit the assessment policy issue and asked about the timeframe for these projects. Director of Public Works Colbert explained the timeframe. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) In regard to Item D, Proiect 759, present feasibility report/ order public hearing (Beau D'Rue Drive - Street Recycling), Councilmember Bakken moved, Mayor Awada seconded a motion to receive the draft feasibility report for Project 759 (Beau D'Rue Drive - Street Recycling) and schedule a public hearing to be held on March 2, 1999. CounciImember Blomquist stated that the Council should discuss the assessment policy and said the scheduling of these public hearings should be continued for a later date. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19, 1999 PAGE 5 00020 In regard to Item E, Project 762, present feasibility report/ order public hearing (Duckwood Trail - Street Recycling), Councilmember Bakken moved, Councilmember Blomquist seconded a motion to receive a draft feasibility report for Project 762 (Duckwood Trail- Street Recycling) and schedule a public hearing to be held on March 2, 1999. Councilmember Blomquist reiterated that the Council should entertain discussion about the assessment policy at this time or continue the public hearings for a later date following review of the policy. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) In regard to Item F, Project 763, present feasibility report/ order public hearing (Duckwood Estates - Street Rehabilitation Overlay), Councilmember Bakken moved, Mayor Awada seconded a motion to receive the draft feasibility report for Project 763 (Duckwood Estates - Street Overlay) and schedule a public hearing to be held on March 2, 1999. Councilmember Blomquist noted that her concern was the same as stated for the previous three items. A vote was taken on the motion. Aye: 3 Nay: 2 (CounciImembers Blomquist and Masin opposed) Mayor A wada moved, Councilmember Bakken seconded a motion to direct staff to schedule an agenda item for the February 9 Council work session for the purpose of defining what information should be prepared for future discussion of the City's assessment policy. Aye: 5 Nay: 0 Further discussion occurred on this matter and what the scope of discussion regarding the assessment policy on February 9 would entail. Councilmember Blomquist said that she was concerned about this issue due to the number of court cases involving assessments that the City has been ruled against in recent weeks. She added that the Council should have some factual information presented at the work session on February 9. Mayor Awada declined to accept Councilmember Blomquist's suggestion as a friendly amendment to her motion. Councilmember Masin said that if no information is presented at the work session the process of discussing the assessment policy will be drawn out too long. Councilmember Carlson concurred with Councilmember Masin and added that productive discussion should begin on February 9. Mayor A wada stated that she feels staff should provide a presentation on the City's road improvement program and the Pavement Condition Index, the City's current assessment policy and other cities' assessments policies. Director of Public Works Colbert said that information provided to the Council approximately three years ago is available, but he added the information may need to be updated which may require a longer period of time than two weeks in order to prepare a comprehensive presentation to address all of the issues. He further added that it would be helpful for the Council to define what information staff should prepare. Councilmember Masin said she does not need to review Eagan's policies but would be interested in the court cases and how other communities are assessing for their road improvements. Mayor A wada noted that there are some Councilmembers who have not had the benefit of a presentation on all the information pertaining to the City's current assessment policy. A vote was taken on the motion. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19, 1999 PAGE 6 0002:1 PUBLIC HEARINGS PROJECT 709R, ENVIRONMENTAL ASSESSMENT (HWY. 13 SILVER BELL ROAD TO YANKEE DOODLE ROAD) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Jim Dvorak, representing SRF Consulting Group, Inc., further discussed the design details of the project. Jennie Ross, representing SRF, discussed the environmental impacts and mitigation measures. CounciImember Blomquist moved, CounciImember Masin seconded a motion to open the public hearing and accept public comment. Aye: 5 Nay: 0 Don Severtson, 3764 Burgundy Drive, asked if any landscaping is proposed to lower the sound level. Director of Public Works Colbert stated that it is difficult to screen the noise because of the elevation differential and added that one of the most effective ways to lower the noise would be to construct a noise wall which is economically unfeasible. He further added that the current noise levels already exceed the standards and by doing this improvement no significant increase in traffic volume is expected. He stated that no landscaping is proposed. Ray Crowder, 3782 Burgundy Drive, said he would like to see the Environmental Assessment report and questioned the validity of the conclusions that have been drawn regarding the increase to the noise level. City Administrator Hedges stated that a copy is available at City Hall. Mr. Crowder asked why residential housing was allowed to be built along Highway 13 if the noise levels already exceed standards. Director of Public Works Colbert explained that the land was zoned and guided for residential development and certain development rights were assigned to the property owner and they had full knowledge of the environment. Mr. Crowder also questioned if the increase to the traffic flow will only increase the noise level by two decibels. Director of Public Works Colbert said that the traffic flow is not expected to increase but rather more efficiency and safety will be provided for the traffic volumes that already exist. Joe Bari, 3033 Timberwood Trail, asked why the County is not participating in the funding of this project. Mayor Awada replied that Highway 13 is a state highway and said there were not enough funds programmed by the state for the improvements so the City and the federal government are also contributing. Brandon Thornton, 3786 Burgundy Drive, raised concerns with the speed of the traffic and he said he was doubtful that the traffic volume would not increase following the completion of the improvements. A resident of the Vermillion Carriage Townhomes questioned if the speed limit could be lowered in the future. Director of Public Works Colbert said there is no proposal to change the speed limit. He added that all changes in speed limits throughout the state whether on a city, county or state roadway have to be evaluated and approved by the Commissioner of Transportation. He noted that the speed limit is based on the speed traveled by 85% of the public on a given roadway. He further noted that it is likely that the roadway will be evaluated following completion of the improvements. The resident asked if reducing the speed limit would also reduce the sound level. Ms. Ross indicated that the speed limit would have to be reduced by at least 20 mph, which would be highly unlikely on this highway, in order to notice a difference in the noise level. Fred Atkinson, representing Blue Cross Blue Shield Minnesota, applauded the City's efforts to seek federal funding for this project and said BCBSM is in support of the improvements. He added that they are concerned with the proposed walkway adjacent to BCBSM's property and the impact to the 00022 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19,1999 PAGE 7 existing berm and trees. Director of Public Works Colbert said that staff is aware of the substantial tree stand in front of BCBSM and noted that the preferred location of the trailway is within the standard offset from the curb. He added that if the standard alignment conflicts with the substantial stand of trees, the walkway could be realigned around the back side of the trees which may require additional easements and rights-of-way from BCBSM. Mr. Atkinson restated their support of the improvements as long as the trees do not have to be removed. Ralph Linvill, property owner at 1975 Seneca Road, stated that this looks like a great project and questioned the traffic flow during the construction of the improvements. Director of Public Works Colbert stated that some delays will occur but said no detour is proposed and the highway will remain open. Councilmember Blomquist moved, Councilmember Masin seconded a motion to close public discussion. Aye: 5 Nay: 0 1999 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS City Administrator Hedges provided an overview on this item. Mayor Awada commented that Councilmember Masin brought to her attention that the Council has expanded the composition of the commissions in the past. Councilmember Masin suggested changing the number of Advisory Planning Commission and Airport Relations Commission members from seven to nine, deleting the alternate position. Mayor Awada moved, Councilmember Bakken seconded a motion to ask the Advisory Planning Commission and the Airport Relations Commission if commission membership should be expanded from seven members to nine members, deleting the alternate position. Aye: 5 Nay: 0 There was discussion regarding changing the name of the Solid Waste Abatement Commission. Mayor A wada suggested that the commission should be asked for their opinion regarding the name change. Councilmembers concurred. A. ADVISORY COMMISSION APPOINTMENTS: 1. Airport Relations Commission: Steve Soderling was re-appointed to a three year term; Charles Thorkildson was appointed to a three year term and Peter Panos was appointed to a one year alternate term. 2. Solid Waste Abatement Commission Susan Bast and Jim Weinzettel were re-appointed to three year terms and Patricia Hurd was appointed to a three year term. Councilmember Carlson said she was concerned that the individual who was remaining on the ballot for the Solid Waste Abatement Commission indicated a preference for another commission as a first choice and she would prefer to see the individual placed on another commission. Councilmember Bakken stated that he would prefer to finish voting for the remaining position on the Solid Waste Abatement Commission as opposed to coming back to this vacancy later. Councilmember Bakken moved, Councilmember Masin seconded a motion to appoint Gwen Hillesheim to a 2-year resident term on the Solid Waste Abatement Commission. Aye: 4 Nay: 1 (Councilmember Carlson opposed) Mayor A wad a stated that the alternate position would be left vacant since there were no available names to vote for. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19, 1999 PAGE S 00023 3. BurnsvillefEagan Telecommunications Commission: Jim Blair and Bob Cooper were re-appointed to three year terms and Jerry Sowells was re-appointed to a one year alternate term. 4. Advisory Parks Commission: George Kubik was re-appointed to a three year term; Kevin Gutknecht and Joseph Bari were appointed to three year terms and Robert Douglas Kane, Jr. was appointed to a one year alternate term. 5. Advisory Planning Commission: Carla Heyl and Gary Huusko were re-appointed to three year terms; Meg Tilley was appointed to a two year term; Gale Anderson was appointed to a one year term and Ron Miller was appointed to a one year alternate term. 6. Economic Development Commission: Mark Reimer and Julie Stackhouse were re- appointed to three year terms; Nathan Spears was appointed to a three year term and Tawnie Cortez was appointed to a two year term. B. ACTING MAYOR: Mayor A wada appointed Councilmember Masin to serve as Acting Mayor in her absence at City Council meetings and other activities pertaining to the City of Eagan. C. OFFICIAL LEGAL NEWSPAPER: Councilmember Blomquist moved, CounciImember Masin seconded a motion to approve the retention of Dakota County Tribune/This Week Newspapers as the City's official legal newspaper. Aye: 5 Nay: 0 D. CITY COUNCIL MEETINGS: Councilmember Bakken moved, Councilmember Masin seconded a motion to approve the 1999 Schedule of Council Meetings, designating the first and third Tuesdays of the month at 6:30 p.m. for regular City Council meetings, with the exception of November 2, wherein the date of November 1 was approved as the alternate date. Aye: 5 Nay: 0 E. CITY COUNCIL MEETING PROCEDURES: Councilmember Masin moved, Councilmember Bakken seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings and further approve the use of the guidelines/handout entitled "Eagan City Council Meeting Procedures and Public Participation Guidelines for public participation in City Council meetings. CounciImember Masin requested that the handout entitled Procedure and Motion Practice on Business Items be changed to reflect the deletion of Number 2 under Roman Numeral X, entitled Discussion. She said that the Council had not discussed having questions and requests for input count against the speaker's time. Councilmember Bakken accepted the deletion as a friendly amendment to the motion. Councilmember Carlson said that Roman Numeral V should occur under Roman Numeral X. She stated that she thought the Council had decided at their Retreats to allow revisions to motions to occur at the time of Council discussion only and not prior to that time. Mayor Awada noted that technically a revision to a motion can be made at any point. CounciImember Bakken suggested that Roman Numeral V be retained for the purposes of correcting a motion when it contains an obvious factual error. Mayor A wada said she will not allow for debate to occur at the time revisions are made to motions during Roman Numeral V. Councilmember Carlson said she would support leaving Roman Numeral V in the order identified in the procedures handout as long as the purpose of making a motion at that time is only to correct an obvious factual error. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19, 1999 PAGE 9 OOQ24 A vote was taken on the motion. Aye: 5 Nay: 0 F. COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS: Mayor A wada recommended the following Councilmembers to serve on standing committees: Finance Committee: CounciImember Blomquist (Chair) and Councilmember Masin Public Works Committee: Mayor Awada (Chair) and Councilmember Blomquist Personnel Committee: Councilmember Carlson (Chair) and Councilmember Bakken Year 2000 (Y2k) Committee: Councilmember Bakken (Chair) and CounciImember Carlson Census Committee: CounciImember Blomquist (Chair) and CounciImember Masin Millenium Committee: Councilmember Masin (Chair) and Mayor Awada Minnesota Valley Transit Authority Board: Councilmember Masin School District #191: CounciImember Masin School District #196: Councilmember Carlson School District #197: Councilmember Bakken History Committee: Councilmember Blomquist and CounciImember Carlson Municipal Legislative Commission: Mayor Awada Councilmember Blomquist noted that appointments to representative positions usually are made by Council consensus. No objections were noted. G. OTHER APPOINTMENTS: 1. MASAC Representatives. Councilmember Masin moved, CounciImember Blomquist seconded a motion to approve the appointment of Jamie Verbrugge as a member to the Metropolitan Aircraft Sound Abatement Council and directed the Airport Relations Commission to make a recommendation for the remaining member position. Aye: 5 Nay: 0 2. Special Advisory Committees: Direction to be provided at a future special City Council meeting when the City Council considers its work program and goals. Discussion occurred regarding the number of Councilmembers who could attend the Comprehensive Guide Plan open houses. It was determined that since the open houses have been noticed to all property owners in the City and will also be posted, all Councilmembers could attend. OLD BUSINESS PROJECT 673R, CONSIDER ADOPTION OF RESIDUAL FINAL ASSESSMENT ROLL (RED PINE LANE - STREETS AND UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Bakken moved, Councilmember Masin seconded a motion to approve the final assessments for Project 673R (Red Pine Lane - Streets and Utilities) for selected continued parcels, and authorize their certification to Dakota County for collection. John Bannigan, legal counsel representing the Finchs and Oberg, submitted letters of objection on behalf of both parties. He noted that a Dakota County District Court jury determined the project had EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19, 1999 PAGE 10 00025 damaged the Finch's property and awarded them $16,000. He added that if the City Council approves the assessment to the Finchs, they will appeal and seek damages for abuse of process and bad faith. He stated that the Finchs would agree to accept a cash connection charge of $94,000 when the property is developed. He noted that Oberg's property does not benefit by the amount of the proposed assessment. He requested that this matter be referred back to staff for further consideration. City Attorney Sheldon stated that the jury award in the Finch condemnation case is a separate issue from the assessment issue before the City Council. Mike Frattalone requested that his assessment be reduced to $8,250 for the street/ storm portion of the assessment and the $9,850 for the water and sanitary sewer portion of the assessment be deferred until the time of connection. Mayor A wada stated that the Council has in the past deferred assessments until the time of connection at the then prevailing rates. CounciImember Carlson questioned if Oberg could take access off Gun Club Road. Director of Public Works Colbert stated that public right-of-way exists at both Gun Club Road and Red Pine Lane. He explained the history of the project and how the assessments were calculated. Councilmember Masin stated that since the School District approached the City and wanted to build Red Pine Elementary immediately, the City should work with the residents in this area with regard to the amount of their assessments. She said she was willing to accept the deferral of assessments for the Finchs. Mayor A wada concurred adding that she was not willing to lower the assessment amounts since there is benefit to the property owners. Councilmember Carlson requested further review of the Oberg assessment for two weeks. Mayor A wada suggested separating the Oberg assessment and taking action on the remaining assessments. She said the assessments to the Finchs and Frattalone could be deferred and assessed at the time of connection at the then prevailing rates. Councilmember Bakken withdrew his earlier motion. Mayor A wada moved, Councilmember Blomquist seconded a motion to continue the final assessments for the Oberg parcel to the February 2, 1999 City Council meeting. Aye: 5 Nay: 0 Mayor A wada moved, Councilmember Bakken seconded a motion to approve the final assessments for Project 673R (Red Pine Lane - Streets and Utilities) for selected continued parcels, deferring final assessments for the Finch and Frattalone parcels until the time of connection at the rates in effect at the time of connection, subject to execution of the appropriate agreement. Aye: 5 Nay: 0 YMCA PROPOSAL FOR RECOGNITION PLAQUE TO ACKNOWLEDGE CONTRIBUTIONS BY THE CITY OF EAGAN FOR A TEEN CENTER City Administrator Hedges provided an overview on this item. Councilmember Carlson left the meeting at 9:43 p.m. CounciImember Masin moved, CounciImember Bakken seconded a motion to approve Option 2 for a wall plaque to be placed at the door of the teen center recognizing the City's involvement with the project. Aye: 4 Nay: 0 Councilmember Carlson returned to the meeting at 9:45 p.m. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19, 1999 PAGE 11 00026 1999 PART II (VEHICLES AND EQUIPMENT) BUDGET City Administrator Hedges provided an overview on this item. CounciImember Bakken moved, CounciImember Carlson seconded a motion to approve with modifications the 1999 Part II Vehicles and Equipment Budget. Councilmember Blomquist stated that she is happy to see that no equipment certificates are involved. Councilmember Masin inquired about the number of Cairns IRIS helmets that are needed. City Administrator Hedges said that technology will drive how many are needed. He added that fire fighters have recommended there be one located at each fire station. CounciImember Bakken noted that the dilemma of purchasing technology and having it become obsolete will always exist. He added that it should be determined if there is a need for the helmets at this time and if the cost is justifiable. A vote was taken on the motion. Aye: 4 Nay: 1 (CounciImember Masin opposed) AUTHORIZE CONSULTANT SELECTION FOR CEDARV ALE AREA REDEVELOPMENT STUDY City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Masin seconded a motion to authorize selection of SRF Consulting Group, Inc. for the preparation of the Cedarvale Area Redevelopment Study. Aye: 5 Nay: 0 NEW BUSINESS CDBG FUNDING FOR 1999 City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved to approve a resolution allocating Fiscal Year 1999 CDBG funding that includes deleting the allocation to Street Rehabilitation and reallocating those funds to another area following City Council discussion. 99-6 Mayor A wada offered a friendly amendment to the motion also requesting deletion of the funds allocated to Cedarvale Blight and a Senior Citizen Center following further City Council discussion. Councilmember Blomquist accepted the friendly amendment. CounciImember Blomquist said she did not believe the City Council should provide money for street rehabilitation to a private townhouse development and would prefer more funds be allocated to Cedarvale Blight and senior housing. Mayor A wada stated that the reason she requested the deletion of funds to the Senior Citizen Center is because the City Council needs to discuss the issue further. She agreed that street rehabilitation is a private matter and also agreed that additional funds should be provided to Cedarvale Blight. Senior Planner Ridley stated that according to the Dakota County HRA, CDBG funds can only be used for land acquisition and infrastructure; however, additional funds for the development of senior housing could be included in the Home Swap category. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 19, 1999 PAGE 12 00027 CounciImember Blomquist amended her motion to approve a resolution allocating Fiscal Year 1999 CDBG funding as follows: Home Swap (Senior Housing) Housing Rehabilitation Loans Wescott Youth Services Homeownership Assistance Mary's Shelter Scholarships Cedarvale Blight Total $130,000 $115,500 $ 10,500 $ 10,000 $ 30,000 $ 1,000 $ 60,000 $357,000 A vote was taken on the motion. Aye: 5 Nay: 0 Reyne Branchaud-Linsk, Executive Director of Mary's Shelter, thanked the City Council for allocating funds to Mary's Shelter. ROUND TABLE City Administrator Hedges thanked Administrative Secretary Karels for her work in preparing information for the City's Organizational Business. CounciImember Masin encouraged property owners to attend the Comprehensive Guide Plan open houses even if the zoning of their property will not be changed since the zoning of the property surrounding them may change. CounciImember Blomquist stated that she was contacted by a property owner along Cliff Road who has indicated a desire for their property to retain its Agricultural zoning classification. She said that she suggested the property owner write letters to the rest of the Council addressing this request. ADJOURNMENT Councilmember Bakken moved, Mayor Awada seconded a motion to adjourn at 10:10 p.m. MLK January 19, 1999 Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (rDD phone: (612) 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.