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01/21/1997 - City Council Special 000:1.5 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 21, 1997 A special meeting of the Eagan City Council was held on Tuesday, January 21,1997, at the Eagan Municipal Center Building Community Room at 5:00 p.m. Those present were Mayor Egan and City Councilmembers Awada, Blomquist, Masin and Wachter. Also present were Director of Public Works Colbert and City Administrator Hedges. YANKEE DOODLE ROAD AGREEMENT/PROJECT 695 City Administrator Hedges introduced the topic, stating that staff has been working with the Dakota County Highway Engineer in an effort to find a solution to the County's unwillingness to participate equitably in the Yankee Doodle Road improvements under Project 695. Director of Public Works Colbert stated that MnDOT was unwilling to fund the improvements in 1996 due to their contention that the project was development driven. He further stated that the City had an early understanding with the County Engineer for typical funding; however, the County Highway Engineer is now recommending the County participate only at 33% and the City at 67%. Director of Public Works Colbert further stated that he has spoken with the County Attorney's office to determine if this project is exempt from the County's new funding policy and feels there is concurrence by the two attorneys he spoke with that the project should be funded according to the new policy. He further stated that the County participates in 100% of maintenance overlays and further that the surface condition before reconstruction was terrible on Yankee Doodle Road. Public Works Director Colbert stated that there could be an argument made that the County should be responsible for 100% of the overlay cost for the County road improvements. He stated that in further negotiations with the County Engineer, the County would agree to participate according to the new policy arrangement if the City would transfer all municipal state aid funding. Director of Public Works Colbert further stated that the County Highway Engineer would like the road designated as a county state aid road so the County receives more maintenance funds from the State. Director of Public Works Colbert stated that this request is unreasonable. Director of Public Works Colbert referenced letters he has sent to the Dakota County Highway Engineer reminding the County of the previous understanding between the City and the County for finalizing the cost participation for Yankee Doodle Road. City Councilmember Blomquist stated that she has two questions. First, what is the cost to the City and second, what is the legal ramification of turnbacks to the City. Director of Public Works Colbert explained the cost breakdown of the City and further noted that the County can turn back roads to the City that are unimproved requiring 100% of the cost to be borne by the community. City Councilmember Wachter stated that if the City receives County roads as a turnback and has to participate in 100% of the cost to improve those roads, there should be a reduction in taxes. After reviewing a January 17 memo from the Public Works Director and considerable discussion and deliberation by the City Council, there was a consensus to participate in the maintenance overlay cost if the County will share equally in all signal costs. The Council also felt that the new policy should apply and felt that an arbitrator would likely support the City's position. The state aid designation transfer should be considered at another time. The City Administrator and Director of Public Works were further directed to meet with the County Administrator and Engineer. If this meeting is not successful, direction was given to meet with the County Commissioners to further explain the City's position. OTHER BUSINESS City Councilmember Masin stated that a gentleman, Mr. Ken Bresslo, was in the audience but did not address the City Council under Visitors to be Heard; however, in a brief conversation she had with Mr. Bresslo, it was his request that the City give consideration to using closed caption for Commission meetings and regular City Council meetings that are cablecast. He further recommended that a deaf interpreter be used for the hearing impaired that are in attendance at the meetings. City Administrator Hedges stated that when a request is made by the hearing impaired, an interpreter is retained. The City Administrator was directed to further review the concept of closed caption for regular City Council meetings. Page 2/Eagan Special City Council Meeting Minutes January 21, 1997 0001.6 City Administrator Hedges stated that it was recommended that additional clarification be given to the policy the City Council and staff are practicing to comply with the ethics legislation as it relates to reimbursement of meals. He stated that there are occasions when the Mayor, members of the City Council, City Administrator and Department Heads are asked to attend a luncheon on behalf of a local industry, a grand opening or a ground breaking ceremony and it is awkward when the food is served and there is no value established by the local business providing the meal at their event. City Administrator Hedges stated that in some cases the company has billed the City for the Councilmember or employee's fair value and in other cases, payment has been made by the Councilmember or employee. Mayor Egan stated that there should be a consistent policy for reimbursement. City Council member Awada stated that she feels the expense is acceptable and the Councilmember, City Administrator or Department Head should either make payment to the business and then be reimbursed by the City or request a bill from the business with the City making payment at a later date. City Councilmembers concurred with this interpretation and the City Administrator was asked to prepare a written policy for the Council policy handbook. COMMENTS/METROPOLITAN COUNCIL REPRESENTATIVE KEVIN HOWE Kevin Howe, Metropolitan Council representative, appeared to provide an update to the City Council. City Council member Blomquist stated that she has some strong concerns about Statute 473.858, the Land Use Planning Act and would like to see the law changed to restore land use authority at the local level through zoning rights prevailing as the official land use as opposed to the comprehensive guide plan. She raised a question with Representative Howe as to how the Metropolitan Council will respond to this proposal. He stated that some staff members feel it should stay the same, while others are indifferent to the proposed statutory amendment. He stated that the Council has not adopted any official position to date. Representative Howe further stated that he will work with Senator Wiener and question whether the AMM has a position. Mayor Egan, who is also President of the AMM, stated that it is their philosophy that cities should maintain autonomy over zoning issues. City Councilmember Awada stated that cities do not want to give up zoning/land use decision-making authority. Mayor Egan spoke to the concern of cities which is local control and agreed with City Council members Blomquist and Awada regarding not giving up zoning/land use to an appointed body, such as the Metropolitan Council, and that land use decisions should continue at the local level. Mayor Egan thanked Representative Howe for his attendance at the Special City Council meeting and invited him to make some official remarks at the regular City Council meeting beginning shortly. ADJOURNMENT The meeting was adjourned at 6:30 p.m. January 21, 1997 Date TLH