03/17/1997 - City Council Regular
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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
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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.
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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.
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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.
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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.
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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
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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
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