Loading...
11/17/1998 - City Council Regular00403 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 17,1998 A regular meeting of the Eagan City Council was held on Tuesday, November 17, 1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges stated that an Executive Session would be held following the meeting to consider the Olson/Berger matter, Oak Chase neighborhood assessment issue and police dispatcher negotiations. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE NOVEMBER 2,1998 REGULAR MEETING Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE NOVEMBER 5,1998 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Mayor Egan congratulated Councilmember Awada on being elected as Mayor and he also congratulated Paul Bakken and Peggy Carlson who were elected as Councilmembers. DEPARTMENT HEAD BUSINESS Councilmember Masin mentioned that the Minnesota Valley Humane Society does not have enough money to cage the large number of homeless animals and it has become necessary to destroy some of them. She urged people to contact the Humane Society and make a donation. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to recess the regular City Council meeting in order to hold the HRA meeting. Aye: 5 Nay: 0 HRA MEETING The HRA meeting convened at 6:35 p.m. City Administrator Hedges provided an overview on this item. Councilmember Blomquist had a question about the interest rate of the note. Finance Director VanOverbeke responded that the original note with Cinnamon Ridge has a five percent interest rate. He added that the note for the Aquatic Facility Revenue Bonds will be determined later and will be based on market factors and set at the prevailing rate. Councilmember Masin asked if it was necessary to use the proceeds from the sale of the note for the Aquatic Facility project. VanOverbeke stated that the money must be used for an eligible project and the Aquatic Facility is the only project at this time that would qualify. 98-94 Councilmember Awada moved, Councilmember Wachter seconded a motion to adopt a resolution approving the assignment of the Cinnamon Ridge interest rate reduction note and mortgage to the City. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) 00404 Eagan City Council Meeting Minutes; November 17,1998 Page 2 Councilmember Wachter moved, Councilmember Masin seconded a motion to adjourn the HRA meeting. Aye: 5 Nay: 0 The regular City Council meeting reconvened at 6:41 p.m. CONSENT AGENDA In regard to Item D, Request for draft ordinance to consider drive-thru coffee shops, Councilmember Masin questioned if the City had a proposal for this type of use and stated that the APC and EDC should have an opportunity to review this item prior to the drafting of an ordinance. City Administrator Hedges explained that putting this item on the consent agenda initiates the process of addressing this matter. Senior Planner Ridley stated that the APC will have an opportunity to comment on this and added that the EDC could also be given the opportunity to review the proposed ordinance. Councilmember Masin moved, Councilmember Blomquist seconded a motion to direct staff to proceed in preparing a draft ordinance amendment to be reviewed by the Economic Development Commission and the Advisory Planning Commission prior to action by the City Council. Aye: 5 Nay: 0 In regard to Item E, Request to accept Safe and Sober Grant, Councilmember Masin congratulated the Police Department on the receipt of the grant. Police Chief Geagan stated that the grant money will be used to help support the SADD group at the Eagan High School. In regard to Item G, Resolution awarding sale of Aquatic Center Revenue Bonds, Councilmember Blomquist indicated that she would be voting no on this item. In regard to Item P, Request to change Ordinance 10.11, Regulation of Ferrets, Councilmember Masin mentioned that people may be interested in knowing that ferrets will be allowed as pets in the City of Eagan. In regard to Item W, Recommendation, Airport Relations Commission, request for additional noise monitor locations, Councilmember Blomquist said that placing a monitor in the Highview and Bridgeview Terrace area is very important. In regard to Item Y, Resignation, Advisory Planning Commission, Councilmember Masin commented on Steven Burdorf's resignation and said that he did an excellent job as a commission member and he will be missed. She thanked him for his work and wished him well. A. Personnel Items Item 1. It was recommended to approve the hiring of James Vasquez as the part-time temporary Information Systems Technician. Item 2. It was recommended to approve the hiring of Holly Van Ort as a part-time seasonal skating instructor for the civic arena. Item 3. It was recommended to approve the reclassification of the Administrative Assistant position in the Police Department from Compensation Range H Exempt to Compensation Range J Exempt and of the Administrative Clerical Tech/ Personnel from Clerical Tech III to Clerical Tech IV and from Compensation Range D to Compensation Range E. Eagan City Council Meeting Minutes; November 17,1998 Page 3 00405 B. Liquor license renewals for 1999. It was recommended to approve the 1999 liquor license renewals as presented, subject to review and recommendation by the Police Department, payment of the fees and submittal of required documents. C. Agreement with Ingraham & Associates to provide project management and technical assistance for Cedarvale Area Study. It was recommended to approve the project management and technical services agreement with Ingraham & Associates for the Cedarvale Redevelopment Study. D. Request for draft ordinance to consider drive-thru coffee shops. It was recommended to direct staff to prepare an ordinance amendment to provide for, under certain circumstances, drive-thru coffee shops, to be reviewed by the Economic Development Commission and the Advisory Planning Commission. (Masin, Blomquist; Aye: 5 Nay: 0) 98-95 E. Request to accept Safe and Sober Grant. It was recommended to approve a resolution accepting the Safe and Sober Grant. F. Extension for recording final subdivision, OCB Realty, Inc. for Eagan Woods Office Park 2nd Addition. It was recommended to approve a 90 day extension of the recording requirement for the Eagan Woods Office Park 2nd Addition (located west of Pilot Knob Road and east of Lost Spur Country Club in the NE 1/4 of Section 4). G. Resolution awarding sale of Aquatic Center Revenue Bonds. It was recommended to adopt a 98-96 resolution approving the sale of Aquatic Center Revenue Bonds, Series 1998. (Councilmember Blomquist opposed) H. Change Order No. 3 - Fire Administration Building. It was recommended to approve Change Order No. 3 for the Fire Administration Building project and authorize the Mayor and City Clerk to execute all related documents. I. Contract 98-24, cancel bid letting (Blue Gentian and Blue Water Road - Utilities). It was recommended to cancel the bids and consideration of contract award for Contract 98-24 (Blue Gentian and Blue Water Road - Grading and Utilities). J. Project 709R, receive environmental assessment review, schedule public hearing (State Highway 13 Upgrade - Silver Bell Road to Yankee Doodle Road). It was recommended to receive the Draft Environmental Assessment Document for Hwy. 13 and schedule a public hearing for December 15,1998. K. Authorize No Parking (2 am to 7 am), Park Center Dr. and Cliff Dr. It was recommended to authorize the restriction of on-street parking form 2:00 a.m. to 7:00 a.m. on Park Center Drive and Cliff Drive and the posting of appropriate signage with related enforcement. - L. Contract 96-10, approve Supplemental Agreement No. 3, Yankee Doodle Road bridge (Street Improvements). It was recommended to approve Supplemental Agreement No. 3 to Contract 96-10 (Yankee Doodle Road/I-35E Bridge - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. M. Project 748, receive feasibility report/order public hearing (Johnny Cake Ridge Rd. Extension - Street & Utility Improvements). It was recommended to receive the feasibility report for Project 748 (Johnny Cake Ridge Road Extension - Street & Utility Improvements) and schedule a public hearing to be held on December 15,1998. N. Vacate drainage & utility easements, receive petition/order public hearing, (Lexington Pointe 8th Addition). It was recommended to receive the petition to vacate a drainage and utility easement and schedule a public hearing to be held on December 15, 1998. Eagan City Council Meeting Minutes; November 17,1998 Page 4 0. Vacate drainage & utility easements, receive petition/ order public hearing, (Eagan Woods Office Park 1. It was recommended to receive the petition to vacate various easements within Eagan Woods Office Park and schedule a public hearing to be held on December 15, 1998. P. Request to change Ordinance 10.11, Regulation of Ferrets. It was recommended to authorize the preparation of an ordinance amendment to allow lawful ownership of ferrets in the City of Eagan. Q. Project 752, receive feasibili report/order public hearing (Tohnny Cake Ridge Rd., Cliff Rd. to Teal Cove - Bituminous Overlay). It was recommended to receive the feasibility report for Project 752 (Johnny Cake Ridge Road - Cliff Road to Teal Cove, Bituminous Overlay) and schedule a public hearing to be held on December 15, 1998. R. Contract 98-08, approve final payment/authorize City maintenance, (Evergreen Park & Donnywood Adds. - Bituminous Overlays). It was recommended to approve the final payment for Contract 98-08 (Evergreen Park & Donnywood Additions - Bituminous Overlays) in the amount of $15,629.55 to Bituminous Roadways, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. S. Vacate drainage & utility easements, receive petition/order public hearing (Tranby First Addition). It was recommended to receive the petition to vacate all platted drainage and utility easements under Tranby First Addition and schedule a public hearing to be held on December 15,1998. T. Extend construction hours, Home Depot. It was recommended to approve an extension of construction hours to 12:00 midnight for the Home Depot site at 3220 Denmark Avenue beginning November 18, 1998 and continuing through December 22, 1998. U. 1999 license renewals for trash haulers, tree contractors, stable, fertilizer applicators, tobacco & paintball facility). It was recommended to approve the 1999 license renewals for trash haulers, tree contractors, stable, fertilizer applicators, tobacco and paintball facility. V. Recommendation, Airport Relations Commission, position regarding a waiver for Stage II phase-out requirement. It was recommended to approve a recommendation by the Airport Relations Commission reiterating the City's previous position supporting the phase-out of Stage II aircraft and opposing the issuance of any waivers for noncompliance. W. Recommendation, Airport Relations Commission, request for additional noise monitor locations. It was recommended to approve a recommendation by the Airport Relations Commission that the City request that the Metropolitan Airports Commission place a temporary remote noise monitor in the Valley View Plateau area for a period of at least 60 days for comparison with permanent noise monitor data. X. Recommendation, Airport Relations Commission, MASAC Representative. It was recommended to approve a recommendation by the Airport Relations Commission to appoint Jamie Verbrugge as one of the City's two representatives on the Metropolitan Aircraft Sound Abatement Council. Y. Resignation, Advisory Planning Commission. It was recommended to accept the resignation of Steven Burdorf from the Advisory Planning Commission. 00406 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes; November 17,1998 Page 5 ADMINISTRATIVE AGENDA REQUEST FOR CONTRIBUTION TO EAGAN SILVER ANNIVERSARY COMMITTEE City Administrator Hedges provided an overview on this item. 00407 Councilmember Awada moved, Councilmember Masin seconded a motion to approve a request by the Eagan Silver Anniversary Committee for a $25,000 appropriation that would be used for fireworks and other added expenses related to the Silver Anniversary celebration. Aye: 5 Nay: 0 CITY COUNCIL RETREAT City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Awada seconded a motion to direct the City Administrator to select a facilitator to hold a retreat or retreats during 1998 with members of the 1999 City Council. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Awada seconded a motion to schedule the first retreat on December 8, 1998 and to schedule the second retreat at the November 30, 1998 regular City Council meeting. Aye: 5 Nay: 0 BUILDING PERMIT FOR PARKVIEW GOLF COURSE City Administrator Hedges provided an overview on this item. Mayor Egan stated that he was uncertain about the amount of right-of-way the City could extract from the golf course. Director of Public Works Colbert explained that staff suggested obtaining a right-of-way dedication in consideration of the fee reduction. He added that the dedication could be provided in the form of an easement and if the additional property is not needed to accommodate the Cliff Road expansion the easement could be vacated. Chuck Hall, representing the owners of Parkview Golf Course, stated that the building permit is being requested for the construction of a clubhouse on a five acre plat on the westerly half of the site. He further stated that no work is being done on the easterly half of the site. He added that the dedication of right-of-way for the Cliff Road widening is premature at this point since the location of the centerline of the road is unknown. Mayor Egan said if there is a portion of right-of-way that is not used it could be vacated. Mr. Hall commented that the widening of Cliff Road is not before the City Council at this time. Councilmember Blomquist concurred with Mr. Hall and added that requiring right-of-way at this point would be premature since the County does not have any plans for the widening of the road. Councilmember Awada asked what justification there is for reducing the amount of the assessment. Mayor Egan stated that there is only three water closets for approximately 80 acres of land and the facility is only used for eight to nine months of the year. Mr. Hall commented on the City's right to calculate the assessment at the Public Facility rate. City Administrator Hedges noted that since staff does not have the authority to reduce the amount of the assessment they put together some options for the Council to consider. Councilmember Wachter stated that if the property is sold for redevelopment purposes the new owners would be required to pay the assessments at that time. Mayor Egan said that there are two separate issues that have accidentally been joined - the application for a building permit and the widening of Cliff Road. Councilmember Awada suggested that the trunk area charges should be collected at the time of further development or if the land use is changed. Discussion occurred regarding the possibility of 00408 Eagan City Council Meeting Minutes; November 17,1998 Page 6 reducing the amount of the assessment should the land be developed as R-1 since it is being calculated at the Public Facility rate. Councilmember Awada moved, Councilmember Wachter seconded a motion to authorize collection of the development fees at the prevailing rate for Parkview Golf Course with the exception of storm sewer trunk and water trunk fees which were deferred until the time of development or a change in land use occurs. Aye: 5 Nay: 0 Councilmember Awada stated that there is no need for the dedication of right-of-way at this time. Councilmember Blomquist concurred. PUBLIC HEARINGS VACATE DRAINAGE & UTILITY EASEMENTS (LOT 3, BLOCK 3, WESCOTT GARDENS) Councilmember Wachter moved, Councilmember Awada seconded a motion to cancel the public hearing and deny the vacation of a public easement within Lot 3, Block 3, Wescott Gardens and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE, DPDC, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. The applicant's representative stated that the reason for the variance is because the building was incorrectly staked. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council and stated that the hardship is self-evident. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve a Variance of 7 feet to the required setback from a public right-of-way (Sherman Court) for 1380 Marice Drive, legally described as Lot 2, Block 1, Marice Addition located in the SW 1/4 of Section 10. Aye: 5 Nay: 0 OLD BUSINESS AQUATIC FACILITY NAME SELECTION City Administrator Hedges provided an overview on this item Sue Hegarty, representing the Aquatic Facility Naming Committee, explained why the committee chose the names of Cascade Bay and Wescott Water Station. She further explained how the theme of each name could be used to help identify other components of the facility. Cathy Clark-Matuszak, who also served on the committee, stated that the committee tried to choose names that would convey a fun atmosphere. Mayor Egan thanked the committee members for their hard work and creativity. Eagan City Council Meeting Minutes; November 17, 1998 Page 7 Councilmember Wachter stated that he preferred the name of Cascade Bay. Councilmember Awada concurred and added that the committee should choose the name for the snack bar. Councilmember Masin stated that for historical purposes she liked Wescott Water Station but asked if it would create confusion with Wescott Station Park. Councilmember Blomquist concurred with Councilmember Masin regarding the historical connection. Mayor Egan said that he could see the potential for confusion with Wescott Station Park if the facility were named Wescott Water Station. He added that he liked the name Cascade Bay due to the association with water and he also liked the pelican theme. Councilmember Wachter moved, Councilmember Awada seconded a motion to name the Eagan Aquatic Facility Cascade Bay. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) PROPOSED AQUATIC FACILITY USER FEES City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Vraa provided additional information adding that staff tried to make the fees user-friendly and also address the issues that were raised by the City Council at their work session. He commented on the discount pricing structure. Mayor Egan stated that the product cost will be paid for by user fees and it is important to be revenue neutral. Councilmember Masin said she was concerned that the daily admission fee of seven dollars is pretty high and there will be a lot of kids who will not be able to use the facility. Councilmember Awada mentioned that the family passes will only be available to Eagan residents are a good deal. She added that the facility will be supported by user fees and further added that seven dollars is the cost for a movie. Mayor Egan stated that season passes can be a real value. Councilmember Awada moved, Councilmember Wachter seconded a motion to set the 1999 rates for daily and season pass fees as recommended by staff and to direct staff to monitor the overall fee structure to ensure that the City remains revenue neutral. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) Mayor Egan stated that it is important for staff to be flexible in regard to the establishment of fees and should regularly keep the Council informed about the overall effectiveness of the fees while remaining revenue neutral. Councilmember Blomquist said that she has been lobbied to keep the fees low. COMPREHENSIVE GUIDE PLAN AMENDMENT, NEW ULM ENTERPRISES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report stating that shared signage and underground irrigation needs to be addressed as part of the conditions. Jerry Dannheim, representing New Ulm Enterprises, was available for questions. Dale Klossner, 2025 Pin Oak Drive, stated that many of the questions raised at the October 6 City Council meeting have been answered by the developer to his satisfaction. Councilmember Masin said that a question was raised by a resident regarding the tax benefit of this development to the people living in this area. She further said that the resident stated that traffic has been increasing considerably in the area and this development will increase it further, the property values will decrease and security will be an issue. 00409 Eagan City Council Meeting Minutes; November 17,1998 Page 8 00410 Mayor Egan said that this is a high quality building and hotel and will help to lessen the tax rate more so than a single story office building. Councilmember Awada commended the developer and the neighbors for working to resolve the outstanding issues. Mayor Egan commended the development team on the informational meeting they held with the neighbors. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Comprehensive Plan Amendment from Limited Business (LB) to Commercial Planned Development (CPD) for 2.4 acres at the southwest corner of RahnCliff Road and Rahn Way, legally described as Lot 2, Block 1, Rahn Ridge 2nd Addition, in the northeast 1/4 of Section 31. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Planned Development Amendment for an extended stay hotel on 2.4 acres legally described as Lot 2, Block 1, Rahn Ridge 2nd Addition, in the northeast 1/4 of Section 31 subject to the following conditions: This Preliminary Planned Development approves a three-story, 89-unit extended stay hotel with a maximum building height of 46 feet. The term of the Preliminary Planned Development shall be five years. The following exhibits are required for the Planned Development Agreement. Final Site Plan Final Landscape Plan Final Building Elevations Final Site Lighting Plan 4. All building, parking/ drive aisles, and landscaped areas shall be properly maintained. 5. The parking lot should be designed so that parking stalls do no open directly onto the south driveway and to eliminate dead ends. 6. The building shall be consistent in architectural design, building height, and use of exterior materials as shown on the approved Building Elevation plans. 7. All trash/recycling containers shall be stored within the principal buildings or shall be within an enclosure designed and constructed consistent with City Code requirements. 8. One ground identification sign is allowed. All signage shall comply with City Sign Code provisions. 9. The landscape plan shall be revised per comments in the staff report with regard to landscape design, screening and berming. The revised landscape plan shall be prepared by a Minnesota registered landscape architect or certified nurseryperson and shall include underlying grading contours and a planting detail for both trees and shrubs. The landscape schedule shall include botanical names of plant material. 10. In accordance with the Rahn Ridge 2nd Addition development contract, a cash water quality dedication is required prior to issuance of the building permit for this development. 0 0411 Eagan City Council Meeting Minutes; November 17,1998 Page 9 11. Emergency access shall be provided to the west side of the building subject to the approval of the City Fire Marshal. 12. Parking lot light fixtures shall be shielded and directed away from public rights-of-way and adjacent property. Free-standing light poles shall not exceed 20 feet in height. For security reasons, lighting shall not be less than one footcandle throughout the parking lot. 13. This hotel shall have on-site staff 24 hours a day. 14. One pylon sign is permitted at the northeast corner of the site consistent with the approved sign plan. An easement agreement for the church directional sign on the hotel property shall be executed and recorded with the PD Agreement, and proof of recording submitted to the City prior to issuance of the building permit. 15. A berm easement agreement shall be executed and recorded with the PD Agreement, and proof of recording submitted to the City prior to issuance of the building permit. 16. The berm landscape plan shall be revised to include automatic irrigation and an irrigation system shall be installed with the landscaping. Aye: 5 Nay: 0 REQUEST TO DISCUSS LOCATION OF GENERATOR ON MUNICIPAL CAMPUS City Administrator Hedges provided an overview on this item and noted that staff only received a small amount of information from Dakota Energy Alternatives yesterday. Councilmember Awada stated that there is no information available on the cost of the access road. Director of Parks and Recreation Vraa stated that the approximate cost of the road is $16,000. City Administrator Hedges commented on locating the generator by the Police Department and stated the City's Building Maintenance Supervisor indicated that the diesel fuel emitted by the generator could be drawn into the air intake vents of the Police Department building. Vraa added that if the generator were located by the Police Department encroachment into road right-of-way would result. He further added that it would also be necessary to construct a wall between the generator and the Police Department biding due to the 2,000 gallons of diesel fuel the generator contains. He said that the construction of a wall would increase the overall cost. City Administrator Hedges noted that staff has been hurriedly preparing this information at the last minute. He added that this item had been scheduled from the last City Council meeting for tonight, but all the information is still not available. He suggested that an informational meeting- be held to review all the details with the neighbors and then options can be presented to the Council. Councilmember Wachter asked if it would be possible to recess the generator into the ground if it is located at the southeast site. Tom Vagts, representing Dakota Energy Alternatives Inc., stated that it may be possible to do that but the cost would have to be considered. Tim Dunn, 3935 Denmark Avenue, said that the generator is not necessary and that the decision has been made to locate it near the residents without their input. He further said it should be downsized and located on the Municipal Center Campus. He added that the City Council should review what is needed to determine the size of the generator. He further added that there other ways to work with DEA to conserve energy and save money. City Administrator Hedges commented that all the data should be gathered allowing the City Council, staff and the neighbors an opportunity to review it. Director of Parks and Recreation Vraa stated 00412 Eagan City Council Meeting Minutes; November 17,1998 Page 10 that staff could get information as long as they know what the Council is looking for. Mayor Egan noted that information presented originally to the Council needs to be reviewed to understand why the Council made certain decisions. Councilmember Blomquist stated that construction of a wall screening the residents from the generator should be given consideration. She further stated that there is more screening proposed on the Municipal Center site than what is proposed for the site adjacent to the residents. Mr. Dunn requested that no further construction of the generator occur until the issue has been resolved. Mr. Vagts explained that it would cost money to completely terminate the construction of the generator. He added that completion of construction is on hold until the matter is resolved. He commented on the MPCA noise level requirements for operation of a generator. He stated that he could arrange for the Council to visit other generator sites to hear the noise level firsthand. Councilmember Awada moved, Councilmember Masin seconded a motion to continue the request for relocation of a generator on the Municipal Campus to the December 15,1998 City Council meeting. Aye: 5 Nay: 0 EVEN/ODD YEAR ELECTION REFERENDUM QUESTION/SCHEDULE City Administrator Hedges provided an overview on this item. Councilmember Blomquist stated that action on this item should occur after the new Council is in place since they have the option of rescinding the action taken by this Council. Councilmember Awada said that if the new Council chooses to rescind the action they could do so. She noted that the Council has received a petition that specifically requested a ballot question to vote on this issue. She added that if the Council does not take action to set an election it would be as if they were not validating the petition. She further added that she was in agreement with the wording for the ballot as suggested by the Secretary of State. Finance Director/City Clerk VanOverbeke stated that the only suggestion for choosing the date would be to hold the election on a Tuesday that does not follow a Monday holiday. Councilmember Masin referenced statute 205.10 and asked if the question could be placed on the ballot during the next General Election. Mayor Egan stated that the provision referenced in statute 205.10 would not apply in this situation. City Attorney Sheldon explained that statute 205.10 identifies the process for determining when an election will take place. Councilmember Awada suggested February 9,1999 as the date for the referendum. Councilmember Wachter moved, Councilmember Awada seconded a motion to set February 9, 1999 as the date for the referendum on the even/ odd year election issue and approve the referendum ballot question. Susan Widmar stated that the intent of the petitioners was to have the question placed on the ballot during a General Election and not incur additional cost. She referenced language in the statute which states the governing body may order a special election. Councilmember Awada said that a petition drive was conducted and was headed by one member of the City Council. She further said that the City Council voted to accept the validity of the petition and now the people who conducted the petition drive are requesting it not be put to a vote. She added that the election needs to be held in a timely fashion and not in two years. Ms. Widmar stated that the intent was for this question to be placed on the 1998 General Election ballot. Councilmember Awada commented on the validation process and added that the City Council is following the law as prescribed 00413 Eagan City Council Meeting Minutes; November 17,1998 Page 11 by the Secretary of State and the process identified in the statute. Mayor Egan noted that most statutory language is written in may terms to provide discretion to the governing body. Councilmember Blomquist stated that Councilmember Awada's comments are strictly speculation and added that Councilmember Awada did not involve herself in the petition drive and does not know what the intent or reasons were of the petitioners. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) Councilmember Masin stated that she felt the petitioners' intent was to avoid the cost of a special election. NEW BUSINESS ORDINANCE AMENDMENT, CHAPTER 7 SNOW REMOVAL City Administrator Hedges provided an overview on this item. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an ordinance amendment to Chapter 7, Snow Removal. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA NATIONAL LEAGUE OF CITIES CONFERENCE City Administrator Hedges provided an overview on this item. Councilmember Blomquist stated that she did not believe all budgeted monies for conferences had been used and the City could pay for the cost of the lodging for the Eagan High School students. Councilmember Masin moved, Councilmember Awada seconded a motion to approve a request from Katie Tilley and Maya Babu to attend the National League of Cities Annual Conference in Kansas City in early December as official representatives from Eagan High School and the Eagan community and approve an appropriation for the cost of three nights lodging. Aye: 5 Nay: 0 ROUND TABLE Councilmember Wachter commented on the progress being made on the Aquatic Facility. He also commented on a letter received from visitors from Cedar Rapids, Iowa regarding the City's exceptional trail system. He asked Councilmember Blomquist if she wanted to meet with Larry Poppler to discuss his assessment issue and asked staff to arrange for a meeting between the Public Works Committee and Mr. Poppler. Councilmember Awada said another LRT meeting is scheduled for December 1 at 12:00 p.m. She noted that she attended the CVB annual meeting and commented on the excellent staff of the CVB. She mentioned that City Administrator Hedges' fiftieth birthday was today. Mayor Egan commented that next year marks the 25th anniversary of the CDBG Program. Councilmember Masin referenced a letter that was received pertaining to excess campaign signage and asked about the status of this matter. City Administrator Hedges noted that direction was provided by the Council to examine the City of Burnsville's sign policy. Councilmember Awada stated that this issue could be discussed at an upcoming Council retreat. Councilmember Masin said she would like this matter addressed in the near future. Eagan City Council Meeting Minutes; November 17, 1998 Page 12 00414 Councilmember Masin expressed appreciation for Assistant Finance Director Tom Pepper's input to the MVTA's Finance Committee. She requested the Council follow up on the information they may be reading regarding the different ways the powers of the MVTA may be interpreted. Councilmember Blomquist commented on City Administrator Hedges' fiftieth birthday and added that he has been a real asset to the City. ADJOURNMENT The meeting adjourned at 9:10 p.m. to an Executive Session for the purpose of discussing the Olson/Berger matter, the Oak Chase neighborhood assessment issue, and police dispatcher negotiations. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist, City Administrator Tom Hedges, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. November 17, 1998 Date City Clerk MLK 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, (TDD 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.