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03/17/1997 - City Council Regular oenS2 MINUTES OF SPECIAL CITY COUNCIL MEETING MARCH 17, 1997 EAGAN, MINNESOTA A special meeting of the Eagan City Council was called to order at 5:00 p.m. on March 1 7 with Mayor Egan, Councllmembers Wachter, Masin and Blomquist present. Members of the Advisory Parks, Recreation and Natural Resources Commission present were Daryle Petersen, John Rudolph, Michael Vincent, Terry Davis, Jerry Farlee and Lee Markell. Staff present Included City Administrator Hedges, Director of Parks and Recreation Vraa, Water Resources Coordinator Brasch, Superintendent of Recreation Peterson and Parks Superintendent Olson. CONSIDERATION OF LAWN CHEMICAL ORDINANCE Administrator Hedges explained that the Council has asked that sufficient Information be provided to them prior to meetings so that time need not be spent on staff presentation during workshop sessions. It Is the Council's preference to open the discussion of each Item and then ask questions. Administrator Hedges noted that if the City Council wishes to proceed with a lawn chemical ordinance, the timing Is such that they may wish to proceed shonly. Mayor Egan noted that after reviewing the feedback from people responding to the proposed ordinance, there were good arguments from both sides of the Issue. Commission Member Markell stated that the Commission would like to see the ordinance proceed for commercial applicators but also to continue education for residents to help with the problem. Commission Member Davis concurred. Mayor Egan questioned licensing only commercial companies since they are already regulated through the State Depanment of Agriculture. Councilmember Blomquist opined that resident education would be the best option. She expressed concerns that the testing may be too cumbersome and expressed a preference for treating existing ponds versus adding an ordinance. Blomquist also asked for follow up on a fish that could be placed In ponds to address this issue In lieu of an ordinance that would merely be a bandald for the problem. Coordinator Brasch responded that he had talked with the DNR regarding placing the specific fish In ponds as suggested by Councllmember Blomquist and was advised that this option has not been allowed for many years. The DNR's concerns were based on the excrement from the fish which tend to be more bothersome than the original problem for which the fish were placed. Councllmember Masin opined that the ordinance for commercial applicators would provide more benefit than other options Identified. Commission Member Vincent explained that it appears that most chemical applicators are currently dealing with similar ordinances in other cities and didn't feel that this would pose an undue burden for the applicators. He also stated that continued education is a vital pan of the total proposal. In response to a question regarding the Depanment of Agrlculwre's role with commercial applicators, Coordinator Brasch explained that they address the fertilizer component and the storage of fenilizer. Councilmember Wachter stated his suppon of an ordinance In the City to control phosphorous fenilizer within the City. Councllmember Masin expressed her suppon for the ordinance noting that an ordinance could provide even better educational opponunlties to residents. Coordinator Brasch noted that approximately 32% of single family residential and vinually all of commercial/industrial properties are fertilized by commercial applicators. Mayor Egan stated he was willing to try an ordinance as long as it was carefully monitored so as not to pose an undue burden to the commercial applicators. Commission Member Rudolph opined that the City will Eagan City Council Minutes March 17, 1997 Workshop Session Page 2 OU083 benefit by taking a pro-active stand to stay on the forefront of this Issue. As a point of clarification, Commission Member Petersen noted that even though 50 applicators had been solicited for Input on the proposed ordinance only 4 responses were received. He opined that the City had done a very effective job In notifying applicators of the possibility of an ordinance. Councllmember Blomquist asked how education of the community would be handled if the fenilizer ordinance Is passed. Coordinator Brasch explained that the City currently has a very active educational program which will continue and expand as needed. Councllmember Wachter suggested that the outdoor reader board could be used to solicit residents suppon for using 0% phosphorous fenilizer. After funher brief discussion, Wachter moved and Masin seconded a motion to direct staff to work with the City Attorney to refine the feniiizer ordinance and bring It back to the City Council as an Old Business item. The motion passed, however, Councllmember Blomquist expressed her concern for taking action at a meeting that was not televised. Mayor Egan clarified that the Council was wanting to make sure that the direction they were giving to staff was clear. DIRECTION RE: CENTRAL PARK AND OTHER CAPITAL ITEMS Administrator Hedges Introduced this Item noting that the APRNRC was asking for clarification on how to proceed with the Issue of general suitability of sites within the community for multi-use facilities andlor a central park. This has been an issue that the Council has previously kept close to them specifically as it pertains to a possible central park and providing specific amenities to the community. Councllmember Wachter noted that when the Council provided Input to the Commission in November they did not know about the Rotary Club's interest in an amphitheater and the Implications of that Idea. He did state that whatever the Council eventually decides to do, he feels strongly about Incorporating a swimming pool for families. Wachter opined that there would be adequate space to place a pool within the Municipal Center site through some creative positioning and perhaps the use of solar heat. Mayor Egan briefed the Council and APRNR Commission Members about the Rotary's request to create an amphitheater In the community. It was felt that this project could tie In with a possible central park opponunity but would not be able to stand alone. Councllmember Wachter added that he would like to get as much Information as possible to see what options are available for future public facilities. After reviewing the November 19, 1996 minutes, Administrator Hedges noted that discussion occurred regarding a Central Park. Although the goal may have been to acquire open space, how that goal could be accomplished was still an open issue. Mayor Egan added that a great deal of work had been completed by the Task Force when consideration was given to providing a central park adjacent to the Promenade development. When that specific location did not work out as was hoped, Egan opined that the Council stili wanted to pursue the central park Idea If another site appeared to meet the City's needs. The Council has always intended to keep this Idealoption close to them so they could respond when working with multiple groups throughout the City, Egan concluded. Commission Member Vincent clarified that the Commission's Intention In asking for direction was to provide more Information to the Council. It was the Commission's hope that If some preliminary review was done on remaining parcels In the City that when the Council had an opponunlty to respond to a request, I.e. July 4th celebration, they would have Information readily available on sites that could possibly facilitate that need and be In a better position to respond If they chose to acquire additional property or develop some type of joint agreement. Eagan City Council Minutes March 17, 1997 Workshop Session Page 3 oonS4 Councllmember Masin suggested that the Council work toward zeroing In on a specific piece of land that can accommodate multiple community actMties/events. She noted that there are approximately six sites that were considered for potential central park sites. Masin also stated that the Rotary would probably be asking the Council where they could place an amphitheater and It would be helpful If the Council would be able to respond with some possible options. Director Vraa stated that several sites had been looked at for possible multi-use facilities and/or a central park Including existing parks. Council direction Is requested relative to specific uses to be facilitated within a site, I.e. swimming pool, fireworks, amphitheater, etc. Councllmember Blomquist noted that this proposal will not work without Input from residents. Councllmember Wachter opined that there should be some type of ultimate plan for a site to better understand what size site would be needed to accommodate the uses requested. Mayor Egan added that parking also needs to be a consideration since the Rotary is looking for a site that can accommodate parking for 1,000 which could cost as much as $ 1 .2 million for that component alone. Commission Member Petersen opined that the Council needed to Identify a group that could take the point In getting this project moving. He suggested putting a flow chan together that might Identify possible components to be Included and several sites that could be suggested along with a potential time frame for the Council to respond to. Commission Member Davis added that It appears the Council Is directing the Commission to define a process and within that process, a scope of services. Councllmember Blomquist reiterated that whatever the process Is, It should be brought to the public for their Input and approval. Administrator Hedges concluded that once a process Is better defined, programming Information and potential sites can be compiled for the Council to respond to. He suggested that the Council may then want to appoint a citizen group to investigate how specific program criteria can fit Into several Council Identified sites for future consideration. DIRECTION RE: ACQUISITION OF NORTH PARK Following a brief background by Administrator Hedges, he noted that there were recent questions by the Council relative to continuing the acquisition process of the Borchert/Ingersoll property. Councllmember Wachter asked what the property could be used for If It were not used for park purposes. Director Vraa explained that when the property was acquired through Dakota County and through the Legislawre, It was stipulated that it had to be used for public purposes. Director Vraa then reviewed the parcels to be acquired through tax forfelwre and the land that would be exchanged with Gopher Resources. Vraa also verified that Parcel B would be exchanged for Parcel A. Councllmember Blomquist asked If the tax forfeited property could be swapped with other land. Director Vraa responded that any changes In the land swap would need to go through the DNR and the State Legislature. Vraa also reminded the Council that the exchange of land with Gopher Resources Is eminent based on the Council's recent approval of the final plat for Gopher's plastics recovery business. Director Vraa clarified that Parcel B Is the site of the compostlng operation and this parcel will be owned by the City once the exchange has been completed. This panlcular parcel offers access from Yankee Doodle Road and the exchange agreement provides that proceeds from the composting operation will be the City's for 3 years, once the exchange Is completed. Eagan City Council Minutes March 17, 1997 Workshop Session Page 4 ouess Councllmember Wachter asked If there would be an opponunlty to bridge the wetland. Director Vraa noted that was possible and also explained that an easement would be provided by Gopher Resources to allow a trail to be constructed completely around the southern portion of the wetland and connect back to the nonh. Since this information had been reviewed and acted upon by the Council In the past, Mayor Egan noted that the land was acquired In a quick, cost effective manner to provide the biggest benefit to the community. Relative to the environmental Issues, Councllmember Blomquist expressed concern for lead contamination. She specifically questioned where the testS were taken and expressed concern for the company doing the testing. She then provided background Information on testing she had done personally on the site. Blomquist then offered to work with staff for clarification of test results and other testing that may be needed. Superintendent Olson explained the locations of the tests and briefly summarized the results. He continued his repon on what materials were believed to be In the fill area and the Implications of the V.Le. program with the State. After funher discussion, Mayor Egan stated that It appears to be the Council's consensus to suppon the acquisition of Nonh Park subject to additional testing as appropriate. PRIORITIZATION OF CIP ITEMS Administrator Hedges briefly reviewed this Item noting that the APRNRC had drafted a matrix format to evaluate each park/park project during the CIP process. This was created In response to the Council's direction to prioritize park development based on a $2 million Park Site Fund. Following a brief review, the Council's consensus was that the format was acceptable for their future review of CIP Items. DIRECTION RE: PATRICK EAGAN PARK MASTER PLAN Administrator Hedges noted that there were two questions for the Council. How would the Council proceed with the Lee Anderson property to the south of Patrick Eagan Park and would this be the time to proceed with a Master Plan for Patrick Eagan Park? Councilmember Wachter noted that the original Intention when Patrick Eagan Park was acquired was to provide for cross country ski trails for residents to use. The park was acquired 20 years ago and little has been done on this site to date. Councllmember Blomquist added that skiing trails and a chalet were originally envisioned In this park. Mayor Egan asked what the Implications of development were for the Anderson parcel. Director Vraa explained that staff recently talked to Howard Kyllo regarding the options available to the Andersons should they choose to develop their property. One of the concerns is that If sanitary sewer were brought to the 10 acre site the cost would be $50,000 and would only serve a porlton of the site. Mayor Egan commented that It appears the land Is valuable for open space but may not be very valuable for single family development. He also asked If the house could be parceled out with the balance sold to the City for a nominal fee. Director Vraa noted that was an option discussed with Mr. Kyllo. Vraa also reminded the Council that the matching grant for $26,000 to acquire a ponlon of the 10+ acre parcel had been extended 3 times and some closure needs to be brought to the grant request. Mayor Egan suggested that work begin to look at a master plan for Patrick Eagan Park. The Council appeared to be open to suggestions that may be offered so they would have something to respond to. Eagan City Council Minutes March 17, 1997 Workshop Session Page 5 00086 Director Vraa also noted that with the passing of Lillian McCanhy the City would be acquiring her house to be Incorporated within Patrick Eagan Park. He noted that Lillian's daughter and husband had been IMng In the home and would remain there until they have an opponunlty to clear out the house; approximately May 31. The Mayor and Councllmembers asked that the City be as gentle as possible with the family during this process. Director Vraa noted that staff has told the family to stay as long as they needed and they chose the May 31 date. Director Vraa asked If there was any specific direction as to the use of the home from the Councilor Commission. It was the Council's consensus there was no specific use Identified regarding the disposition of the Lillian McCanhy home. Director Vraa stated that staff will prepare a memo regarding the house, similar to what was done for the Richard Holz property. CITIZEN WETLAND ASSESSMENT PROJECT The Council directed staff to pursue panlclpation In a cooperative program with Dakota County, the MN Pollution Control Agency and the Audubon Society for development and evaluation of a citizen-based wetland monitoring, assessment and education program. PUBLIC/PRIVATE RECREATION PROGRAMMING Two public/private opponunltles were presented to the Council for their consideration and feedback. The first was from Roben Ferguson relative to the City's potential Interest In scheduling City programs at the Lost Spur Golf Course during 1997. The second request was from Eagan Athletic Club wherein they are asking If the City would be Interested In purchasing the business assets for $75,000. Staff noted that In their earlier conversations with Eagan Athletic Club their Interest in selling was never mentioned There was only discussion about programming at the site. Councllmember Masin asked why the Lost Spur was Interested in Incorporating public programs at their facility. Superintendent Peterson responded that there seems to be the perception that the golf club Is private and not open to the public. They see this as a way to make people more aware that their facility Is there. Mayor Egan noted that a lease back option had also been discussed to see If the course could be operated as a municipal golf course. Councllmember asked If the City could lease the course but not have it be a municipal golf course per se. After funher dlsucssion, It was the Council's direction that staff proceed to develop programming at Lost Spur Golf Course for the 1997 season and that other options, Including leasing, be Investigated for longer term consideration. It was also the Council's direction that no action be pursued relative to the Eagan Athletic Club's request for City panicipation. Mayor Egan added that the Club is located on prime property and that, if necessary, it could be sold to someone else. OTHER BUSINESS Councilmember Wachter had asked previously If It would be possible to Integrate the Wescott Commons program with a school facility. Wachter explained that he wanted to see if the City could save some money by providing this service elsewhere and also opined that another location could possibly serve more than the Wescott neighborhood. Councilmember Blomquist stated that It appears that the program at Wescott Is very successful just the way It's working. She opined that It should continue as long as It Is working but she did not suppon expanding the program. Eagan City Council Minutes March 1 7, 1997 Workshop Session Page 6 oons? DIRECTION, AIRPORT RELATIONS COMMISSION, PROFESSIONAL CONSULTATION City Administrator Hedges Introduced Alrpon Relations Commission Chair Jon White and Assistant to the City Administrator Jon Hohenstein to address the Commission's request for direction concernlnE funher research regarding a proposal for professional and legal airpon consultation. The Commission had raised the issue with the Council in 1996 and Is requesting direction as to whether to work funher on the Issue. Mr. White explained that the Commission has received a response from one firm and that others are not available to the City due to their representation of other communities In the area Including Minneapolis and Richfield. He indicated that the Commission believes there may be some value In discussing Eagan and the region's alrpon situation with an Individual with a national perspective to get past the limitations of local perceptions and standards. If directed by the Council and upon further review, the Commission would bring forward a proposal with costs for Council consideration. Councllmember Blomquist asked what a proposed work plan for such a consultant might be. Hohenstein Indicated that a proposed outline that was presented to the firm that responded Included assistance to: Influence regional, state and federal policy to minimize noise at Its source, place noise Impacts from operations at MSP where there are few If any people and equitably distribute the rest among communities surrounding the airpon, develop and implement a noise mitigation program which will extend sufficiently Into the noise Impacted communities and provide adequate tools to limit Impacts on residents and analyze local and Industry trends and develop realistic projections for the growth In operations demand within the region. Councllmember Blomquist Indicated that she had contacted Jennifer Sayre of Nonhwest Airlines who would be willing to present Nonhwest's fleet planning to the Commission as one means of providing Information on Industry trends. Hohenstein Indicated that the Commission had expressed Interest In Inviting Ms. Sayre to a future meeting as well. Mayor Egan stated that he remains supponlve of the concept of an outside consultant for this purpose and that he would be Interested In having the Commission develop a cost estimate and recommendation for Council consideration. The other Councilmembers Indicated that they would like the Commission to come forward with a proposal as well. 1997 COMMUNICATIONS WORK PROGRAMIWALLACE GROUP At this point In the meeting, Councilmember Awada, Assistant to the City Administrator Duffy, Communications/ Recycling Coordinator Foote and Roy and Sheri Wallace of the Wallace Group joined the meeting. City Administrator Hedges referred to a memo from Communications Coordinator Foote which was Included in the Council's packet which listed the current Communications Coordinator's tasks and also additional projects which could be outsourced. He mentioned that communications was named a primary goal of the City Council at the last few retreats. He said that the list of additional projects had been modified to conform to comments from the City Council at the last special meeting at which this topic was addressed. Mayor Egan said that the comments of the City Council had been effectively modified In the list. Regarding the elimination of the streamlined annual repon for 1997, Councllmember Awada said It was all right not to produce the document this year; however, she said that It would be Important to do an annual repon professionaliy in 1998. Sheri Wallace said that the Wallace Group Eagan City Council Minutes March 17, 1997 Workshop Session Page 7 00088 would Interview Depanment Heads at the beginning of 1998 and the annual repon would be produced In FebruarylMarch of 1998. City Administrator Hedges suggested that an anicle in the May, 1997 City wide newsletter could list "highlights from 1996." Regarding the other proposals, the Council agreed with the business newsletter, the bus tours, the business outreach and neighborhood outreach meetings, the cable bulletin board, the scaled back media training, the communication counseling and press releases/media stories by the Wallace Group and the budget for photography and web page.software Items. Mayor Egan complimented the Wallace Group regarding the Country Joe lawsuit information which was supplied to him by them. City Councllmember Blomquist commended the staff for the positive press and media coverage which resulted from the City's organization and coordination of the sex offender release meeting. Since there was no funher business, the meeting was adjourned. March 17, 1997 Dated ~~~> TLH