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11/03/1997 - City Council Special 00352 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL November 3,1997 A special meeting of the Eagan City Council was held at 5:00 p.m. on Monday, November 3, 1997 at the Eagan Munidpal Center. Present were Mayor Egan, City Councilmembers Awada, Blomquist, Masin and Wachter. Also present were Sharon Hills from the City Attorney's Offices, APC Chair Carla Heyl, Senior Planner Ridley and City Administrator Hedges. ADULT ESTABLISHMENT REGULATIONS City Administrator Hedges stated that by action of the City Council an interim ordinance restricting adult business in the community was adopted in 1995. He stated that the ordinance creating the moratorium expired during October 1997, and further that staff and the Advisory Planning Commission has researched and prepared a draft ordinance addressing adult establishment regulations. Carla Heyl, Chair person of the Advisory Planning Commission, appeared and addressed the Council regarding the proposed adult establishment regulations and, spedfically, regulations that were made by the commission after reviewing the draft ordinance at recent workshops. She stated that the commission discussion varied from total exclusion of adult uses to no regulations at all. She further stated that state and federal courts had ruled that prohibiting adult uses is unconstitutional, however, local government is allowed to reasonably regulate the type of uses and the ordinances proposed will limit the number of establishments not encourage more. She further stated that the Chief of Police was interviewed and asked for his concerns relative to the proposed ordinance. APC Chair person Heyl further stated that it was the consensus of the Planning Commission members that the ordinance include a 1,000 feet of spadng from protected uses which include residential, daycare centers, churches, parks and park facilities and any on or off sale liquor establishments. She further stated that the criteria also includes approval through the conditional use process in the following zoning districts including limited industrial {I-l}; business park {BP} and research and development {RD} provided the property is located at least 1,000 feet from any protected uses. Finally, that a public hearing be scheduled to adopt the adult establishment ordinance. She further addressed video stores stating that since the Planning Commission was not aware of any problems with existing establishments, the 350 square feet requirement in the proposed resolution would meet the test for existing stores. City Councilmember A wada questioned section 1 G of the proposed ordinance. Senior Planner Ridley provided a response with an explanation and reasons for the proposed language. Sharon Hills of the City Attorney's office stated that this ordinance is the best of all studies including a model ordinance prepared by the League of Minnesota Cities. City Councilmember Awada also questioned language that addresses the use of video rental space which states 350 square feet or 25% of gross floor area, whichever is less, can be designated for adult use. She explained that her concern was whether someone could lease a large warehouse and use 1/5 of the space, avoiding the intent of the ordinance. Senior Planner Ridley stated that the 25% of gross floor area or 350 square feet limitation would not allow this interpretation of the ordinance. Senior Planner Ridley further reviewed a GIS map that illustrated areas within the City where adult use establishments could be allowed under the proposed ordinance. Mayor Egan asked if there Special City Council Meeting Minutes November 3,1997/Page 2 00353 are any problems with enforcement of the ordinance, as proposed. Again, Sharon Hills of the City Attorney's office responded stating that the ordinance is sound and feels the map is in good shape as presented. City Councilmember Wachter stated that the map would be available to interested parties which is a useful document. Sharon Hills stated that according to Chief Geagan the biggest issue with the Eagan Police Department is escort services and it is the intention of their office to work with the Police Department to draft a separate ordinance addressing escort services. Chair person Heyl of the Advisory Planning Commission stated that this ordinance would be modeled after the Bloomington ordinance. City Councilmember Awada questioned why the City would want a conditional use permit process the City has little discretion regarding the land use. City Councilmember Blomquist stated that she is fundamentally opposed to adding more liquor licenses stating that if there are more establishments and some of the businesses are not successful, adult uses could be incorporated into certain liquor establishments. Senior Planner Ridley stated that the ordinance as drafted would prohibit adult use within a thousand feet of a liquor license. City Councilmembers agreed that with the adult use ordinance as proposed, an adult use could not be made a part of any on or off-sale liquor establishment. City Councilmember Awada again questioned the relevancy of using a conditional use permit as a means of considering an adult establishment application. Chair person Heyl stated that all the input by the City Council is appredated and will be further considered by the Advisory Planning Commission at their November 13 workshop meeting and during the public hearing scheduled for November 25. Mayor Egan thanked Chair person Heyl for her partidpation in this City Council work session regarding the proposed adult use regulations ordinance. ~CWALCENTERSnnSTUDY~~GPOOLCONCnT City Administrator Hedges stated that at the September 30 spedal City Council meeting, direction was taken to access information about the St. Louis Park swimming pool complex. He stated that the City's consultant Mr. Greg Ingraham has reviewed pools in Bloomington, Edina and St. Louis Park and comment whether those facilities would fit on the Munidpal Center site. He stated that the St. Louis Park pool complex is the largest of the three pools and was superimposed by the consultant on the Concept B drawing for City Council consideration. Mr. Ingraham presented drawings that include a footprint of the 87,000 square foot St. Louis Park pool, including parking, on both Alternates B and C. Councilmember Awada stated that the Windcrest Avenue cul-de-sac takes up valuable space that could be used in the development of the proposed swimming pool and suggested that the cul-de-sac be removed. Director of Parks and Recreation Vraa stated that the cul-de-sac was recently constructed to accommodate turn movements for snow plows on Windcrest Avenue. Mr. Ingraham presented Concept C, stating that the swimming pool is estimated at 67,000 square feet which is a smaller facility than Plan B, however provides more direct parking for the dvic arena and has a higher visibility to Pilot Knob Road and the Munidpal Center complex. He stated that there is no 25 meter lap pool shown for Concept C which is included in Concept B. Director of Parks and Recreation Vraa stated that it would be more cost effective to include the wading pool as a program element of the main swimming pool. Mr. Ingraham stated that it is cheaper to treat one body of water than two separate water facilities, agreeing with Mr. Vraa that the wading pool should be incorporated into the large pool. Mayor Egan stated that there are two major objectives which include parking for the dvic arenas and the new swimming pool and whichever plan is selected, the parking and pool must provide a proper balance to the site and overall complex. Spedal City Council Meeting Minutes November 3,1997/Page 3 00354 Director of Parks and Recreation Vraa commented on information he received about munidpal swimming pool operations at a recent conference. He stated that the St. Louis Park facility has been so successful that it generated a positive cash flow of $175,000 in 1997, comparing revenues to expenses. He further stated that the cash flow difference did not include any provision for retirement on the facility. City Councilmember Wachter asked how the City should determine whether the munidpal swimming pool size is adequate. Director of Parks and Recreation Vraa stated that the industry will suggest that a munidpal swimming pool provide a capadty equal to 3 - 5 percent of the population and further commented that according to the consultants and munidpal swimming pool operators at the recent symposium, the street visibility is equally important to the size of the facility if it is to be marketed properly. City Councilmember Blomquist asked what the total cost of the pool and parking lot is, realizing that no estimates have been performed by an architect or engineer. Director of Parks and Recreation Vraa stated that while hesitant to provide a cost estimate, stated that a complex could cost $4 - 4 1/2 million but qualified the figures as being a ball park estimate. City Councilmember Wachter stated that he is supportive of Plan B suggesting that the parking configuration is most advantageous to the dvic arenas and the swimming pool. There is a general consensus by the majority of the City Council members that Plan B is the preferred concept. City Councilmember Blomquist raised concerns about funding, asking spedfically how the project would be financed. City Councilmember Wachter stated that there are adequate resources in the community investment fund which should finance the pool facility. Mayor Egan stated that in response to policy questions that were raised by the City Administrator spedfic to consideration of any other locations for the pool, he stated that the Munidpal Center campus is the best site. He stated that the YMCA would be a natural partner, however, their location is not desirable for this type of use. Mayor Egan further stated that if the YMCA had been located on the Munidpal Center campus, construction of an outdoor pool with the YMCA would be a wonderful partnership. City Councilmember A wada stated that she is supportive of building the largest facility possible given the number of kids that reside in Eagan. She further stated that consideration should be given to dividing any positive cash flow to be shared between the general fund and retiring the debt through a contribution to the Community Investment Fund. City Councilmember Masin expressed a concern that a decision for building the munidpal swimming pool on the Munidpal Center campus is piecemeal and suggested that the City Council look at the needs of the entire community and spedfically needs identified in the Park Master Plan before a decision is reached to proceed with the munidpal swimming pool project at this location. She further stated that a goal setting process and review of the master plan would allow the City to look at the entire build-out creating an opportunity to prioritize all the needs and projects. She further stated that the survey conducted by the Wallace Group suggested a strong support by the community toward the acquisition of open space and other park needs. Mayor Egan stated that he recalls data compiled in the survey similarly to City Councilmember Masin, however, a bond referendum that was held in the early fall of 1996 to acquire additional parkland open space was clearly defeated by the voter. City Councilmember Masin again emphasized that the City needs a master plan to show where we are going in order to plan for a final build out. Mayor Eagan stated that the City has been extremely responsible in its master plan efforts through the Comprehensive Guide Plan, a park systems plan and many other useful planning efforts. He stated that the development of the parks, trails, athletic fields, dvic arena and many other fadhties are the result of an excellent planning process. City Councilmember Masin stated that it is sad that the Spedal City Council Meeting Minutes November 3,1997/Page 4 00355 Eagan Athletic Club is proposed for demolition and the City should have considered the site for an outdoor swimming pool and community center. City Councilmember Wachter stated that the reason the athletic club is proposed for demolition is the proposal to develop a private senior housing fadhty and restaurant and, further, that competition through the free market has driven that decision like many other corporate and commerdal changes that occur in a community. City Councilmember Awada stated that she is in agreement that planning and setting goals are extremely important, however, it is a matter of style on how results are accomplished and agreed that there are numerous accomplishments the City has been involved with in the development of the community. She further asked what is the next step for proceeding with the munidpal swimming pool project? City Administrator Hedges suggested that this item be placed on the spedal workshop agenda for November 25 and that the Director of Parks and Recreation provide a flow chart indicating the steps required for selection of an architect, a process and time frame to develop bids and other steps that are required for developing the site with a munidpal swimming pool component. He further stated that the CIP will be presented that evening which will include the outdoor swimming pool, expansion of parking and site development. Mayor Egan thanked Mr. Ingraham for his presentation and suggested that this item be further discussed at the November 25 Spedal City Council workshop, and that the City Administrator and Director of Parks and Recreation be directed to present a time tablelflow chart of the steps required for this capital improvement. OTHER BUSINESS There being no other business, the meeting was adjourned at 6:25 p.m. November 3, 1997 Date