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12/04/1996 - City Council Special 00432 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 4, 1996 A special meeting of the Eagan City Council was held on Wednesday, December 4, 1996, at 5:00 p.m. in the Municipal Center Building Community Room for the purpose of meeting jointly with the Advisory Parks, Recreation&Natural Resources Commission. Present were Mayor Egan and City Councilmembers Awada, Hunter, Masin and Wachter. Also present were Director of Parks& Recreation Vraa, Water Resource Coordinator Brasch, Superintendent of Parks Olson, Park Planner Lilly, Superintendent of Recreation Peterson and City Administrator Hedges. Members of the Advisory Parks, Recreation & Natural Resources Commission who were present included Chair Markell and Members Ahern, Rudolph,Thompson and Vincent. VISITORS TO BE HEARD Mayor Egan recognized visitors to be heard. There was no one present. DRAFT LAWN CHEMICAL ORDINANCE City Administrator Hedges stated that in recent months,the City Council directed preparation of an ordinance that would remove or restrict the use of fertilizer applications. He further stated that the Natural Resources Subcommittee of the APRNRC met with City Councilmembers Masin and Wachter to further discuss a draft lawn chemical ordinance. The outcome of that meeting was a recommendation to the APRNRC, and subsequently to the City Council, to prepare a draft ordinance that would limit the amount of phosphorous in commercial lawn fertilizer applications to no greater than 3% in commercial applicators. He further stated that the ordinance would require the licensing of all commercial applicators. • Water Resource Coordinator Brasch provided a more detailed review of the proposed ordinance, including purpose, definitions, regulations for commercial lawn fertilizer applications, the fact that newly established turf areas would not be limited by this ordinance, responsibility of licensees and provisions for non-compliance. City Councilmember Wachter stated that City regulation should not allow a content higher than 3% phosphorous for any fertilizer sold in the community and specifically not to limit the sale to commercial users. Commission Member Ahern agreed with City Councilmember Wachter and stated that in order to make an impact on the wetlands,all fertilizer needs to be regulated. City Councilmember Masin stated that education is necessary and possibly, the City could require that people test their soil. Commission Member Vincent stated that he is in agreement with the philosophy that starting slow on a program and through education, hopefully, people will comply, similar to curbside recycling. Mayor Egan also agreed with City Councilmember Masin and Commission Member Vincent, stating that he feels it would be unfair to local businesses to require the sale of fertilizer with a phosphorous content no greater than 3% while residents can purchase their fertilizer in other neighboring communities that have no restriction. He stated that it would be nearly impossible to police. City Councilmember Wachter stated that while the issue might be unfair, education is not mitigating the degradation to ponds and lakes. For that reason, the City needs to enforce greater restriction on the use and sale of fertilizer. Commission Member Ahern opposed the licensing, stating that it would be extremely difficult to regulate and further that commercial operators are not the problem in that they very carefully allocate and apply the correct amount of fertilizer to the lawn surface area. City Councilmember Awada concurred with Commission Member Ahern that the commercial operator will apply the fertilizer correctly, whereas residents often overlap fertilizer into City streets and other impervious surface that will be carried into the wetland areas. Bea Blomquist appeared and stated that she did not agree with the ordinance and presented information on a process using triploid grass carp that controls duckweed and algae. City Councilmembers reviewed a handout that was distributed by Ms. Blomquist. Commission Member Markel)asked about the residential user and how the City can regulate fertilizer application. Water Resource Coordinator Brasch stated that it is very difficult to enforce and that is the reason why the Committee that reviewed the draft ordinance suggested an ordinance that 00433 Page 2/Eagan Special City Council Meeting Minutes December 4, 1996 would regulate commercial users first. Then, through education, the residential user would eventually comply. Commission Member Thompson stated that if the City is to adopt this ordinance, it would be appropriate to first meet with the commercial users to learn how the proposed regulation would affect the industry. City Councilmember Awada stated that the ordinance was directed by the City Council, reviewed by a special task force and it would now be appropriate to proceed on for review by the commercial users or for the Council to drop the issue. City Councilmembers Masin and Wachter concurred that every applicant of fertilizer should be treated fairly,which continues to raise questions about singling out the commercial users and not requiring homeowners to regulate the level of phosphorous in their fertilizer application. Director of Parks&Recreation Vraa noted that three of the largest commercial lawn care providers would already be meeting this ordinance, if enacted. He noted this may be the case because at least two other communities have an ordinance in place which restricts application to 3%or less. Mayor Egan stated that there is no clear direction to proceed at this time given the discussion and it is clear the Commission and Council both need more education and a method to evaluate the process. City Councilmember Hunter stated that he would like to see the information presented to the commercial users, which appeared to be a consensus of the City Council. City Councilmember Wachter added that possibly the commercial users would consider a soil testing program so property owners would know what the level of phosphorous, nitrogen and other chemicals are in their soil. WETLAND BANKING PROJECT INVESTIGATION Director of Parks& Recreation Vraa stated that the Minnesota Legislature is requiring developers in communities to replace wetlands at a ratio of 2:1. He further stated that the law allows for cities to consider replacement on either an on-site or off-site basis. Mr. Vraa stated that because Eagan is approximately 80% S developed, there are less opportunities to secure suitable land for future wetlands within the corporate limits. He stated that since the law does provide for off-site replacement,consideration is being given to securing a site outside the City, referred to as "wetland banking," that would help the City meet its wetland replacement of 2:1 for future development. City Administrator Hedges stated that the concept might provide the City with necessary economic development tools for an industry that lacks the wetland banking capability within the industrial park. Water Resource Coordinator Brasch stated that in 1995, staff worked with a wetland consulting firm in Dakota County to conduct a search for potential wetland creation, restoration sites that could be used for a bank. He stated that the first phase focused on lands owned by the City of Eagan in an effort to reduce the land acquisition component of total cost. However, after the evaluation of 100 parcels, only one parcel had a very good rating and is worth pursuing for this purpose. However,this site would be very costly to develop. Mr. Brasch further stated that a collaborative effort with the Dakota County Soil & Water Conservation District has located an agricultural area in Eureka Township approximately five miles south of Lakeville where restoration of a drained wetland currently under cultivation could generate 25-30 acres of bankable wetland, an upland buffer area. Mayor Egan asked if there were restrictions on where the City could bank wetland. Water Resource Coordinator Brasch stated the a plan is first presented to the State, agreement is then made with the land owner and,following an actual project construction,the credits would then be made available to the City. He further stated that a permit agreement would be placed over the property. He stated that it is necessary that the property be located within the same watershed,which is the case in Eureka Township. Mayor Egan stated that,for clarification, we do not buy the land;we use it to satisfy wetland responsibilities. Mr. Brasch stated that is correct. Commission Member Rudolph stated that he is supportive of the wetland banking, commending the staff, Commission and Council for being proactive, rather than developing a problem in the future that could be expensive and become reactive. City Councilmember Wachter stated that he is in support of moving ahead, however,would like more information in the future before a decision is finalized with the Eureka Township parcel. • 00434 Page 3/Eagan Special City Council Meeting Minutes December 4, 1996 Mayor Egan stated that this is listed on the Consent Agenda for consideration at the regular City Council meeting on December 4. OPTIONS/USE OF RICHARD HOLZ PROPERTY Director of Parks & Recreation Vraa stated that at the November 18 APRNRC meeting, various scenarios were reviewed regarding the future use of the Richard Holz property that was acquired to provide access to the Holz Farm Park on Cliff Road. He stated that the recommendation of the Commission is to rent the house, allowing further evaluation of the property in the future. APRNRC Chair Markell stated that along with other members of the Commission, they would prefer to see the Holz property remain as a part of the overall Holz Farm Park. Director of Parks&Recreation Vraa stated that several options were given consideration, including selling the home and requiring removal of the buildings, rental of the home, a civic use, other City use and the possibility of subdividing the property for resale. City Councilmember Awada stated that she is supportive of the option that includes rental of the home as a "holding option" with the understanding that the rent would be charged at a fair market rental housing rate. She further stated that the rent collected from the Holz Farm property should go into the Park Site Development Fund to recover some of the capital expense incurred for acquisition of the property. Commission Member Vincent stated that it would be nice to have a renter who could watch the property for security purposes. City Councilmember Hunter stated that he supported acquisition for the purpose of providing access and once that is determined, the property would be sold. Director of Parks & Recreation Vraa summarized where the proceeds go, which is the Park Site Development Fund, and further that the renter must be someone who is compatible with the programming intentions for Holz Farm Park. Mayor Egan stated that there appears to be consensus on the rental of the property at a fair market rate and suggested that staff proceed with that option... NATURAL AND SCENIC GRANT/ANDERSON PARCEL ACQUISITION Director of Parks & Recreation Vraa stated that several months ago, the City Council authorized submission of a natural and scenic grant application for the purpose of funding approximately 50% of the acquisition cost for a 71/2 acre parcel adjacent to Patrick Egan Park. He stated that the property is referred to as the Anderson parcel and is located south of the access road into Patrick Egan Park off Lexington Avenue. Mr. Vraa further stated that the City has been notified of a grant award; however, the amount is approximately $27,000, which is approximately 10% of the entire cost, instead of the 50% request made with the grant application. He further stated that the City is looking for direction as to whether the grant should be modified based on the City purchasing less land, such as 4-7 acres, with the City's match taken from the Park Site Development Fund or if the City should indicate that it is no longer interested in the scenic grant and turn down the grant award. Commission Member Thompson explained that this property was a high priority at the time the task force was preparing the park bond referendum for open space acquisition. Mayor Egan asked the Commission whether this land really provides any significance in terms of additional land to Patrick Egan Park. He further stated that the City Council has strongly suggested that the Advisory Parks, Recreation & Natural Resources Commission review all their needs based on the fact that the priority for parkland acquisition development will need to be made within the financial parameters of the balance that is within the Park Site Development Fund. He stated that this property should be reviewed in that context if the City is to spend any dollars matching the grant. City Councilmember Masin stated that she would like to at least negotiate the purchase based on current grant funding and provide future direction based on the Anderson's response. After further discussion by Commission Members and City Council, it was agreed that the Director of Parks&Recreation would approach the Anderson's to determine an acquisition price and the amount of land they would be willing to sell to the City. 00425 Page 4/Eagan Special City Council Meeting Minutes December 4, 1996 OTHER BUSINESS There were no other items presented for Other Business. Mayor Egan expressed his appreciation to members of the APRNRC for their participation in the meeting. ADJOURNMENT The meeting was adjourned at 6:25 p.m. December 4, 1996 I!.. Date City Clerk TLH