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10/19/1999 - City Council Regular 00294 MINUTES OF A REGULAR MEETING OF THE EAGAN crIY COUNCIL Eagan. Minnesota October 19,1999 A regular meeting of the Eagan City Council was held on Tuesday, October 19, 1999 at 6:30 p.m. at the Eagan Munidpal Center. Present were Mayor Awada and Councilmembers 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. 111111 City Administrator Hedges stated that an item to schedule a Special City Council meeting on November 1 to consider a presentation of the Community Facilities Land Acquisition Task Force would be added to the Administrative Agenda. Mayor Awada noted that the public hearing on Project 784, Louis Lane (Street Improvement) would be continued for up to 90 days. Councilmember Carlson questioned how the continuance would affect the final subdivision for Cherrywood Knoll. City Attorney Sheldon stated that the application for final subdivision is complete except for the condition requiring access to Highway SS via Louis Lane. He added that if the Council takes action to continue the Louis Lane public hearing, the application should be denied or the developer could agree to a continuance of the final subdivision to coincide with the Louis Lane public hearing. The applicant for Cherrywood Knoll requested the Council act on the final subdivision application. Councilmember Bakken moved, Mayor Awada seconded a motion to approve the agenda as amended. Aye: S Nay: 0 _::QI:.{:la!:_.!111!i.::Ri.~:mmI.Q Councilmember Bakken moved, Mayor Awada seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councilmember Blomquist abstained because she was on vacation at the time of the September 23 City Council meeting.) _::li:;[ill:_uimi:ilii..::I.i._:il:.li.:rllg Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: S Nay: 0 I_NI:::I::Rfillflif.J.lli. PRESENTATIO~ OF POUCE DEPARTMENT CITIZEN COMMENDATIO~ City Administrator Hedges provided an overview on this item. Acting Police Chief Swanson commended John and Karen Flood on finding and turning in $3,500 to the Police Department. He noted that they were not present at the City Council meeting to be formally recognized. He then presented citizen commendations to Patrick Schmitz, Mark Nowlin, Rachel Kent, Chantel Castile, Lerone Adams and Symone Blomlie. Mayor Awada commended all the recipients for their heroic actions. PRESENTATION OF CERTIFICATES OF APPREClATIO~ TO OUTGOING ADVISORY COMMISSIO~ MEMBERS City Administrator Hedges provided an overview on this item. He noted that Jeff May of the Bumsville/Eagan Telecommunications Commission and Susan Bast and Ron Moening from the Solid Waste Abatement Commission were leaving the commissions due to various business and personal reasons. He thanked them for their community service and said that, although they were not in attendance, their certificates would be sent to them. EAGAN CITY COUNCIL MEE11NG MINU1"f5; OCTOBER 19, 1999 PAGE 2 00295 .__::_::lIlIiIi RECOMMENDATIO~, AIRPORT RELATIO~S COMMISSIO~, TO PROVIDE COMMENTS ~OT SUPPORTIVE OF A PROPOSED MENDOTA HEIGHrS TOWNHOME DEVELOPMENT IN ~OISE ZONE 3 City Administrator Hedges provided an overview on this item. Counci1member Bakken said that he was concerned that the City of Mendota Heights would use the townhome development to justify a shift of air traffic further south into Eagan. He questioned if the Council could take an additional step to indicate that they do not have a problem with the development as long as Mendota Heights would agree to sign something stating that they would not use that particular development as a claim of inequitable air traffic distribution. Assistant City Administrator Verbrugge stated that the Airport Relations Commission wanted to be on the record stating that this development should have no bearing on the future discussions of the corridor. He said that the ARC determined that MASAC is probably the appropriate arena to have such a discussion. Councilmember Blomquist concurred with Coundlmember Bakken's concerns and suggested that a letter also be sent to the MAC and the Metropolitan Council expressing the City's concerns. Assistant City Administrator Verbrugge said that the Metropolitan Council is copied on the letter to be sent to Mendota Heights. He stated that the ARC discussed notifying the MAC regarding the City's concerns. He further stated that he and the City Administrator of Mendota Heights determined that the two cities need to continue the relationship that has been developed over a number of years and discussed plans for getting the two Airport Relations Commissions together prior to bringing this issue to the MAC. Mayor Awada asked about the Met Council's position on the townhome development. Assistant City Administrator Verbrugge said that it was his understanding that the Met Council Housing Division has taken a favorable position toward this project but the Aviation Department is questioning its location. He added that the development meets a number of the criteria that the Met Council has established for housing projects. He mentioned that despite the fact that notice is given on the property deed that the townhomes are located in a noise zone area residents will complain once they realize the level of noise impact. He stated that the greatest concern to the City of Eagan is the corridor. Mayor Awada said that she would like to avoid an antagonistic relationship with the City of Mendota Heights and stated that she does not want to do anything drastic that will affect their planning. Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to approve comments stating certain objections to the City of Mendota Heights Minor Comprehensive Plan Amendment for the Hoffman Homes 46-unit August Shores townhome development. Aye: 5 Nay: 0 Counci1member Masin stated that she attended a forum sponsored by the Twin Cities Airport Task Force. She suggested meeting with the ARC and EDC to discuss some of the issues. With regard to the Cedarvale Study, Councilmember Masin said that she thought the Council had wanted the Cedarvale Task Force to make a recommendation without interference from the Council. She further said it was her understanding that the Council specifically did not appoint a Council liaison to the Task Force to ensure that no Coundlmember would exert undo influence. She added that on two separate occasions Mayor Awada violated that objective. She said that it was also her understanding that Mayor Awada appeared before the Task Force at one of their initial meetings to provide background on herself. She further said that the letter addressed to the Chair of the Task Force is appalling because Mayor Awada gave specific statements identifying what the Council wants and does not want to see as part: of their recommendation and she also told them the type of financing to 00296 EAGAN CITY COUNaL MEETING MINUTFS; ocroBER 19, 1999 PAGE 3 consider. She said she thought the Council was going to wait until they had the finished study before giving personal opinions. She stated that the Mayor should have shown the letter to the Coundl before sending it to the Chair. She added that since the City is spending close to $100,000 for this study it deserves a recommendation from the Task Force that has integrity. She further added that Mayor Awada's actions have tainted the process and the product. She asked if Mayor Awada gave her personal opinions to the consultant and if she had negotiations with specific developers or brokers regarding the Cedarvale area. Counci1member Bakken noted that this item was not scheduled on the agenda and requested that in the future the Coundl should be provided the courtesy of having such items placed on the agenda. Mayor Awada said that the letter she wrote to the Chair of the Task Force did request that a Iinancial analysis be performed before the study is presented to the Coundl so they will know if the project will cash flow. She added that, in her opinion, that request was appropriate. She stated that she has not been talking with developers. She mentioned that she has talked to Mark Parranto and Mark Ulfers, of the HRA, regarding the possibility of a project in that area. Counci1member Masin stated that Mayor Awada's letter referenced the placement of an office building at Silver Bell and that consideration is being given to a community center at another location. She reiterated her understanding that the City Coundl was not going to interfere with the Task Force. Mayor Awada said she did not interfere but rather asked for additional information. Councilmember Blomquist said that it was her understanding that this project was designed for the Task Force and the Coundl had agreed they would not provide any input until the study was complete. She referenced a newspaper account regarding increased density and the displacement of 60 businesses. She said that this was not discussed at the public meeting. Assistant City Administrator Verbrugge explained that the Task Force has developed a three- phase concept, which presents a global and comprehensive approach to redeveloping the entire area. He added that this concept was presented at the open house held on September 23, 1999. He noted that as part of the three-phase concept, as with any redevelopment project, business relocation is probably a necessary step to accomplish the Task Force's goals. He stated that the fate of the businesses to be relocated is unknown at this time. He added that the guideline from the Task Force is that they want to support, as much as possible, the existing businesses in the district. He said that whether that means keeping the businesses in the redevelopment district or whether it means making the relocation process user-friendly has yet to be discussed by the Task Force and will be included in the final report. Councilmember Bakken said that is was not unreasonable to request that all the members of the City Coundl exercise foresight and provide the other members with the courtesy of scheduling items on the agenda. He added that last minute items could also be added at the time the agenda is adopted. He expressed frustration at the amount of time wasted with personal items that are brought up at the last minute as a broad side attack. He requested the mayor call such behavior out of order. Counci1member Masin requested to make a motion. Mayor Awada called the motion out of order. Councilmember Masin said that she would like to request an additional point of clarification. Mayor Awada stated that she could discuss it under Visitors To Be Heard at the end of the agenda. ~al._::I_i A. Personnel Items Item 1. It was recommended to approve the hiring of Ryan Connelly and Melissa Smith as seasonal skate guards at the Civic Arena. Item 2. It was recommended to approve the hiring of Andrea Froelich and Kimber Hartley as seasonal skating instructors at the Civic Arena. EAGAN CITY COUNaL MEETING MINUTES; ocroBER 19, 1999 PAGE 4 00297 Item 3. It was recommended to approve the hiring of Chelsea Crouch and Steve Dykstra as seasonal Ovic Arena supervisors. Item 4. It was recommended to reappoint Assistant Oty Administrator Duffy as the Oty of Eagan's community partner representative to the National Organization on Disability. B. Final Subdivision. Rock Qiff Development. LLC for Northwoods Business Park. It was recommended to approve a Final Subdivision for Northwood Business Park to create one lot and one outlot on approximately 24 acres located north of Northwood Parkway and west of Lexington A venue in the SE 'I. of Section 10. C. Final Subdivision. S. K. Swenson. Inc. for Majestic Oaks Second Addition. It was recommended to approve a Final Subdivision for Majestic Oaks 2nd Addition to create seventeen lots on 9.6 acres located north of Qiff Road and west of Hwy. 3 (So. Robert Trail) in the SE ~ of Section 25. D. Sub grantee Agreement, 1999 CDBG Program with Dakota County HRA. It was recommended to approve the Subgrantee Agreement for the 1999 CDBG Program with the Dakota County HRA. E. Contract 99~3, approve Change Order No.2 Yankee Doodle Reservoir (Trunk Water). It was recommended to approve Change Order No.2 to Contract 99~3 (Yankee Doodle Reservoir - Water Reservoir Improvements) and authorize the Mayor and City derk to execute all related documents. F. Order public hearing, public right-of-way vacation (Old Sibley Memorial Highway - John T. Young). It was recommended to schedule a public hearing to be held on November 16,1999 to vacate a public street right-of-way on Old Sibley Memorial Highway. G. Project 766R-A, approve right-of-way agreement lLillian Bratland). It was recommended to approve a Right-Of-Way Agreement for Project 766R-A (Lexington Avenue & Wescott Road - Traffic Signalization) with Lillian Bratland (parcel 10-01400-030-53) and authorize the Mayor and City derk to execute all related documents. H. Renew snow removal contractual services, 1999-2000. It was recommended to approve an amendment to the existing contracts for snow removal services with Kieger Enterprises and Gallagher's Inc., for the 1999-2000 season. I. Declaration of sw:plus property, sewer utility maintenance equipment. It was recommended to declare sewer utility maintenance equipment #221 and #224 as surplus and authorize its disposal. J. Reschedule public hearing, certification of delinquent false alarm bills - November 16,1999. It was recommended to reschedule the public hearing from November 1, 1999 to November 16, 1999 to consider the final assessment of the delinquent false alarm bills and to certify them to Dakota County for collection with property taxes. K. Service station license, Kwik Trip located at 3145 Dodd Road. It was recommended to approve the service station license for Kwik Trip located at 3145 Dodd Road. L. Exemption from lawful sambling license, Bumsville Rotary to conduct a raffle on December 4, 1999 99 - 6 8 at Royal Qiff. It was recommended to approve an exemption from the lawful gambling requirement for the Bumsville Rotary for a raffle to be held on December 4, 1999 at Royal Qiff located at 2280 Cliff Road in Eagan. . Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 EAGAN CITY COUNaL MEETING MINUTES; ocroBER 19, 1999 PAGES 00298 _1:_11 PROJECf 758, FINAL ASSESS~ HEAlUNG, SURREY HEIGHfS (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. No one was present to speak at the public hearing. Coundlmember Bakken moved, Councilmember Carlson seconded a motion to approve the final assessment roll for Project 758 (Surrey Heights Drive - Street Overlay) and authorize its certification to Dakota County for collection. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. Councilmember Masin stated that she would be voting against this item because the evaluation process regarding the City's assessment policy has not been completed. Councilmember Blomquist expressed concern about notices being sent to the homeowners association instead of to the property owner. Director of Public Works Colbert explained why notification is sometimes sent to homeowners associations versus individual property owners. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) PROJECf 757, FINAL ASSESS~ HEARING, IUDGEVIEW ACRES (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. No one was present to speak at the public hearing. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the final assessment roll for Project 757 (Ridge View Acres - Street Overlay) and authorize its certification to Dakota County for collection. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) PROJECf 755, FINAL ASSESS~ HEAlUNG, MEADOWLAND 1ST ADDmO~ (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Coundlmember Carlson moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 755 (Meadowland First Addition - Street Overlay) and authorize its certification to Dakota County for collection. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. EAGAN CITY COUNCIL MEETING MINUn5; OCTOBER 19, 1999 PAGE 6 00299 A vote was taken on the motion. Aye: 3 Nay: 2 (Coundlmembers Blomquist and Masin opposed) PROJECI' 761, DUCKWOOD DRIVE (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Craig Ebeling, representing the consulting firm of Howard R. Green Company, who provided additional details about the project. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. Coundlmember Bakken moved, Mayor Awada seconded a motion to approve the final assessment roll for Project 761 (Duckwood Drive - Street Overlay) and authorize the preparation of detailed final plans and specifications. Coundlmember Masin said that since the evaluation of the appraisal process has taken longer than anticipated she would vote in favor of the feasibility report as long as staff thinks the projects are important and there is enough money in-house to cover the cost of the project. Coundlmember Blomquist raised questions about the assessments to the Forest Ridge and the Crossroads of Eagan apartment complexes. Director of Public Works Colbert explained how the assessments were calculated. A vote was taken on the motion. Aye: 4 Nay: 1 (Coundlmember Blomquist opposed) VACATE PUBUC STREET RIGHT-OF-WAY (OLD SmLEY MEMORIAL InGHWAY - PREUSSES 2ND ADDmON) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the vacation of a portion of public street right-of-way on Old Sibley Memorial Highway and authorize the Mayor and City Oerk to execute all related documents. Mayor A wada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. A vote was taken on the motion. Aye: 5 Nay: 0 PROJECI' 784, LOUIS LANE (STREET IMPROVEMENT) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report and said that upon further review of the feasibility report, and after a meeting with the neighbors, staff noted some discrepancies that could be better addressed with a continuation. He further said that staff could further assess the assessment policy based on current land use versus future Comprehensive Guide Plan as well as a potential lot equivalency of an undeveloped parcel. He suggested the project be continued for up to three months and that staff be directed to proceed with formal appraisals to determine the level of benefit. Mayor Awada moved, Councilmember Carlson seconded a motion to continue the public hearing for Project 784 (Louis Lane - Street and Utility Improvements) to the January 18, 2000 City Council meeting and authorize staff to prepare appraisals. EAGAN OTY COUNOL MEETING MINtJ'n5; OC1OBER 19, 1999 PAGE 7 00300 Coundlmember Masin questioned the contract the Schaafs have with the City stating that no road is to be built until the Schaafs so request it. Director of Public Works Colbert explained that an easement was conveyed for street purposes in 1970 and contained the restriction that no road improvement would be commenced unless requested by the property owner. He added that the City does have certain rights but it is not certain if those rights extend to a full public street improvement as is being proposed. He further added that an appraisal on land value will determine to what extent the City is obligated to purchase those additional rights to allow this project to proceed. A vote was taken on the motion. Aye: 5 Nay: 0 um:iB_ FINAL SUBDIVISIO~, HERITAGE DEVELOPMENT FOR CHERRYWOOD KNOLL Senior Planner Ridley noted that condition 11 of the subdivision approval states that prior to the applicant receiving final subdivision approval the City Council must have approved an improvement project for the connection of Chapel Lane to Highway 55. He noted that since Project 784 was continued the subdivision does not meet one of the conditions of approval. Councilmember Carlson moved, Councilmember Bakken seconded a motion to open the item for discussion. Aye: 5 Nay: 0 The applicant discussed the yearlong process they have gone through in attempting to get the subdivision approved. He said they were willing to guarantee payment of $46,000 of assessments by a Letter of Credit. He further said they would be willing to agree to a two-week continuance but would not be agreeable to a 9O-day continuance. He added that they have tried to purchase property from Frank Huml to accommodate the road and are still willing to negotiate with him. He said that the Trunk Highway 55 Study indicates that Louis Lane is the best option for access to Highway 55. He stated that . this area needs more than one access and the road needs to be constructed regardless of the development. He said that the final subdivision should not be held up by the continuance of Project 784. Mayor A wada concurred with the applicant that it was not appropriate to delay the final subdivision because of the road issue. Councilmember Bakken questioned if the subdivision could be approved with the deletion of condition 11. Mayor Awada suggested the condition be changed to reflect that the applicant will put up a Letter of Credit guaranteeing $46,000 for the road improvement. City Attorney Sheldon said that since the proposal for Louis Lane was not approved the property is not in a position to develop. He said there is ample evidence on the record that the City is within in its rights to require the access to Highway 55. He further added that if the City Council determines that it would be appropriate to allow this development they could amend or delete the requirement of the access to Louis Lane. He expressed concern with the applicant's action of removing some of the requirements in the development contract regarding his responsibility for all the assessments levied by the City. He said that this is very standard language that is required in all development contracts and said the provisions should be reinserted. David Albright, legal counsel for the applicant, stated that the deletions were made with regard to the applicant waiving his right to provide input, appeal or object to whatever dollar amount of assessments were placed upon the property. He added that applicant does not have any objection to paying their portion of the assessments but they do not wish to waive their rights to object. City EAGAN CITY COUNCIL MEETING MINU1'E5; OCTOBER 19, 1999 PAGE 8 00301 Attorney Sheldon said that the City has a good history of establishing projects and determining fair and reasonable costs and assessing them. Mayor A wada said that it would be wrong to hold the applicant up for 90 days because of an internal battle about assessments with the Coundl. She suggested that condition 11 be deleted and also said that the applicant should agree to a financial commitment. The applicant said that they would like to be heard with regard to Louis Lane. Councilmember Carlson concurred with Mayor Awada. She questioned the 6O-day agency action rule. She suggested this application be continued for two weeks to ensure that the development contract is in order. Senior Planner Ridley said that the final subdivision is not a zoning action and said that it would not be subject to the 6O-day requirement. Gty Attorney said that if the applicant is willing to agree to a continuance that would be acceptable. The applicant requested a two-week continuance of the final subdivision. Councilmember Carlson moved, Counci1member Bakken seconded a motion to remove condition 11 of the preliminary subdivision subject to the appropriate financial guarantees as determined by staff for the future Louis Lane project. Councilmember Masin referred to the contract with the Schaafs. Director of Public Works Colbert stated that the easement will need to be acquired from the Schaafs and the Humls. Councilmember Blomquist questioned if the easement could be obtained from the Huml property. She further questioned if there are feasible alternatives to construct Louis Lane other than throught the Schaaf property. Director of Public Works Colbert said that alternatives could be investigated during the preparation of the feasibility report. A vote was taken on the motion. Aye: 5 Nay: 0 Counci1member Bakken moved, Councilmember seconded a motion to accept the applicant's request for a two week continuance of the Final Subdivision (Cherrywood Knoll) - Heritage Development to the November 1, 1999 City Council meeting. Aye: 5 Nay: 0 The attorney representing the Schaafs requested the record show that Mayor Awada did not accept public comment on this item despite his request. Mayor A wada said that since this was not a public hearing, public comment was not legally required. She added that the motion on the floor pertained to the final subdivision and not Louis Lane or the Schaaf property. The attorney added that approval of the subdivision and removal of condition 11 will affect the property owners bordering Louis Lane. He further added that the assessments will be larger to the Schaafs than to the developer. Mayor Awada said that the need for access to Highway 55 is not developer-driven. She noted that the developer needs to resubmit the development contract with the correct language. She further noted that the amount of the financial obligation will be discussed with staff. The attorney requested to be made aware of the results of the discussion between the developer and staff. Director of Public Works Colbert said that the developer's obligation will not change the financial responsibility to the Schaafs or the Humls. Mayor Awada stated that no developer would be required to construct a through street and pay the entire cost. Frank Huml said that the developer should pay for the assessments and not the property owners. EAGAN CITY COUNaL MEETING MINU1"f5; OCTOBER 19, 1999 PAGE 9 00302 ~:.~~ FINAL PLAT, GREGORY PREUSSE FOR PREUSSES 2ND ADDmO~ Senior Planner Ridley gave a staff report. 99-68.1 Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to approve a Final Plat (Preusses 2nd Addition) that will plat three unplatted parcels of land and a vacated segment of Old Sibley Memorial Highway into three lots located south of Old Sibley Memorial Highway between Trunk Highway 13 and Trunk Highway 77 in the SW 1/4 of Section 19. Aye: 5 Nay: 0 CHANGE ELEcnO~ PREClNCf VOTING LOCATION AND PREClNCf BOUNDARY CHANGES Oty Administrator Hedges provided an overview on this item. Mayor A wada noted that all predncts will be changed following redistricting in a couple of years. She questioned the need to split the predncts. Finance Director/Oty Qerk VanOverbeke explained the reasons for the changes. He said that he was not aware of any changes that will occur to the predncts following redistricting. Coundlmember Blomquist moved, Coundlmember Masin seconded a motion to approve the following election prednct voting locations and precinct boundary changes: Change the voting location for prednct number 6 across from Cross of Christ Community Church to Living Word Lutheran Church. Change the voting location for prednct number 7 from the Eagan Municipal Center to the Eagan Fire Administration Building. Change the voting location for prednct number 20 from Pinewood Elementary School to Red Pine Elementary School. Split prednct number 17 (voting at St. Thomas Becket) by adding prednct number 21 to vote at Pinewood Elementary School. Mayor A wada said that she supported the location changes but did not support splitting a prednct and therefore would be voting against this item. A vote was taken on the motion. Aye: 4 Nay: 1 (Mayor Awada opposed) _1:mI~Iilmll SPECIAL RECOGNITIO~S/DR. TOM WILSON/AIRCRAFT RESERVE COMMAND UNIT Oty Administrator Hedges provided an overview on this item. He noted that Dr. Tom Wilson, Eagan High School PrindpaL was the redpient of the Milken Family Foundation National Educator Award. He asked if the City Council would like to acknowledge Dr. Wilson at a future City Council meeting. He also mentioned that the 934lh Aircraft Wing, Minnesota's only Air Force Reserve Command Unit, would like to name one of their (10) C-l30 transport aircraft after the Oty of Eagan. He asked if the Oty Council would like the Oty to receive this recognition. Mayor Awada moved, Coundlmember Carlson seconded a motion to direct the City Administrator to coordinate the recognition events. Aye: 5 Nay: 0 SPECIAL CI1Y COUNCIL MEETING EAGAN CITY COUNCIL MEETING MINU1'ES; OCTOBER 19, 1999 PAGE 10 00303 Mayor Awada moved, Coundlmember Bakken seconded a motion to schedule a Special City Council meeting for November 1, 1999 at 4:45 p.m. to consider a presentation of the Community Facilities Land Acquisition Task Force. Aye: 5 Nay: 0 11.111:11:11:... Members of Boy Scout Troop 446 were acknowledged for their attendance at the meeting. Coundlmember Masin made a motion to direct staff to write a memo to the Cedarvale Task Force apologizing for Mayor Awada's letter, requesting they disregard the comments in the letter, informing them that Council comments will follow their recommendation and that the Counal appreciates their hard work and wants them to continue working on a plan they support. Councilmember Bakken said that in the past the Counal has not allowed motions to be made under Visitors To Be Heard. He added that this matter could be scheduled on a future City Counal agenda. Councilmember Masin said that when she tried to make the motion under Department Head Business, she was directed to Visitors To Be Heard. Mayor A wada said that an item needs to be added to the agenda at the time the agenda is adopted. She further said that she allowed Councilmember Masin to speak under Visitors To Be Heard, but motions are not allowed. Councilmember Carlson said she did not have a problem with items such as these being brought up but they should be added at the time the agenda is adopted. Councilmember Masin asked for clarification on the handling of open meeting violations. She said that as she understands the statute, residents need to hire an attorney to charge councilmembers with violations. She questioned what the role and responsibility of the City Administrator and City Attorney is if they should become aware of an open meeting violation by councilmembers. City Attorney Sheldon said that this question was raised by a councilmember to the City Attorney's office and information was provided to the Counal in the form of a memo of the enforcement of the Open Meeting Law. He said he was not personally aware of any violations of the Open Meeting Law. He said if he was aware of such a situation he would advise the parties involved that he thought they were in violation. City Administrator Hedges said he would have the same role as the City Attorney and would also advise that if more than two members were going to meet to discuss a matter they would be in violation of the Open Meeting Law. Councilmember Masin said it was her understanding that recently an investigation had been completed concerning a potential Open Meeting Law violation of this Counal. City Attorney Sheldon said there was an allegation that there was an open meeting violation which was reviewed by the League of Minnesota Cities but he did not believe they found a violation. Counci1member Masin said that she had heard that attorneys were hired for the three members of the council. City Attorney Sheldon said he did not know if that information was correct but reiterated that to the best of his knowledge the LMC did not find that there was a violation of the Open Meeting Law. Councilmember Masin asked if the attorney who was hired by the LMC prepared a report regarding his findings. Mayor Awada and Councilmep:tber Carlson said they received a letter. Councilmember Masin said she did not receive any letter. City Administrator Hedges said that the letter might have been sent directly to the coundlmembers and added that anything he received from the LMCIT would have been forwarded to the City Counal. Coundlmember Bakken suggested that if the letters are an item of public record they be copied to all coundlmembers. EAGAN CITY COUNCIL MEETING MINUTfS; OCTOBER 19, 1999 PAGE 11 00304 111_ The meeting adjourned at 8: 2S p.m. October 19, 1999 Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., pleue contact the City of Eagan. 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (roD 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, aeed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.