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05/05/1998 - City Council Special 00146 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 5, 1998 A special meeting of the Eagan City Council was held on Tuesday, May 5, 1998 at 5:00 p.m. in the lunchroom of the Municipal Center building. Those in attendance were Mayor Egan and City Councilmembers Awada, Blomquist, Masin and Wachter. Also in attendance were Director of Parks & Recreation Vraa, Director of Public Works Colbert, Chief Building Official Reid, City Attorney Sheldon and City Administrator Hedges. VISITORS TO BE HEARD Mayor Egan acknowledged the audience and there were no visitors to be heard. POLICY/RELEASE OF APPRAISALS PERFORMED FOR PUBLIC IMPROVEMENT PROJECTS City Administrator Hedges stated that on Monday, April 20, 1998, the City received an opinion from the Commissioner of Administration (Advisory Opinion 98-017) that addresses a question about the release of appraisals for the Oak Chase Addition Public Improvement Project 725 and all other appraisals performed for other public improvement projects. He stated that at the regular City Council meeting on April 21, there was concurrence by the City Council that this item would be placed on an agenda for discussion at the next special work session and further, the City Attorney would be present to address the advisory opinion given by the Commissioner of Administration. City Attorney Sheldon was present and stated that the facts and information contained within the opinion state that if a civic legal action is pending, the appraisals are not public while investigation is active. If, however, his office has not made such a determination, the data is public and the appraisals become available for publiC inspection. City Councilmember Blomquist asked if appraisals for projects that are no longer subject to appeal had been released for public inspection. City Administrator Hedges stated that he has received appraisals from the City Attorney's office and they are available for review. City Council member Blomquist stated that the City cannot arbitrarily hold appraisals from public review, which has been the practice in the past. She further stated that holding appraisals because there is a possibility of a lawsuit creates a mistrust with the public and the result will be more lawsuits. City Councilmember Blomquist stated that the City must deal with the Tennessen notice, if it is the continued methodology to use appraisals for street construction projects. She further commented that she was happy with the opinion from the Commissioner of Administration's office. City Attorney Sheldon stated that the question as to whether the Tennyson law applies in the case of performing property appraisals was addressed at an earlier date with the City Council and it was his recollection that the law applies if the issue is personal and is not related to property. City Council member Awada stated that the need to acquire appraisals for street reconstruction projects will be ending in the next year or two since there are not many projects to do. Mayor Egan stated that the appraisal process is appropriate and the ruling from the Commissioner of Administration's office supports the process the City has used since the street reconstruction program was implemented in the early 1990's. He further stated that the appraisals performed for Oak Chase should not be released, given the fact that the neighborhood is seeking appraisals and there is the likelihood of a formal appeal in the assessments in the Oak Chase neighborhood. City Council member Blomquist stated that the appraisals are requested for negotiations and not specifically for court. City Council member Awada stated that the appraisal issue became an issue with the Oak Chase Project, further commenting that many neighborhoods have benefited by the street reconstruction program since its implementation in the early 1990's with only a handful of appeals. City Councilmember Blomquist stated that a clarification and opinion from the Commissioner of Administration was formally requested to clarify when the appraisals are public information and further that this request was based on a number of citizens who have asked for the information. 00147 Page 2/Eagan Special City Council Meeting Minutes May 5, 1998 Mayor Egan thanked the City Attorney for his memo and stated that the appraisal process will continue according to past practice as concluded by the Commissioner of Administration's opinion. CAPITAL AUARlGRAND OAK BUSINESS PARK City Administrator Hedges stated that staff would like the opportunity to provide a brief update to the City Council on two items that are scheduled for the regular City Council agenda which includes under Public Hearings, Project 736 - Grand Oak Business Park AUAR Environmental Study, and under New Business, the interim use permit request by Parking Associates. City Attorney Sheldon stated that the City Council should not consider issuance of the interim use permit application for Parking Associates until after the AUAR environmental review and internal study is completed and action taken by the City Council. He further commented that it would be appropriate at the regular City Council meeting to act on the AUAR and ask the applicant to agree to a time extension for the interim use permit application until after completion of the environmental study. City Administrator Hedges stated that if this is acceptable to the City Council, the City Attorney will notify legal. counsel for Parking Associates prior to the regular City Council meeting. City Council members concurred that this is the proper procedure and directed the City Attorney to advise the applicant. EAGAN FAMILY AQUATIC POOL FACILITY PROJECT City Administrator Hedges stated that at the March 17 regular City Council meeting, Water Technology Inc. was given direction to begin the design development stage for the proposed family aquatic facility project. He stated that before the plans are officially approved at a future City Council meeting, it is appropriate to review the consultant's progress on design and development. Mr. Chuck Newman, representing Water Technology Inc., provided an overview of the aquatic pool plans and commented on specific changes as requested by the City Council and suggested by the neighborhood. He stated that the slide has been moved 130 feet west of the Windcrest neighborhood and, as a result, is more centralized in the aquatic pool. layout. Mr. Newman further stated that the site elevation has been lowered by two feet and specifically complimented City Engineer Russ Matthys for the excellent cooperation his office has given Water Technology throughout the design and development phase. He further presented and discussed the entrance to the aquatic pool and, more specifically, the buildings including the design of the changing areas and how they relate to the aquatic pool facility. Mr. Newman stated that he has met with the Department of Health and there are no problems anticipated with that agency relative to the design. Mr. Newman also presented an update on the budget, stating that the estimate to date for excavation is slightly less than anticipated. He also presented a flow chart/time schedule for adoption of the plans and specifications and bidding based on a facility that opens June 1,1999. City Councilmember Wachter raised several questions regarding the buildings for the changing rooms and concessions. He asked specifically whether a full basement is proposed under either of the buildings for storage. City Council member Wachter further stated that during the construction manager interviews that were held on Monday, May 4, all the applicants were very pleased with the site for the proposed aquatic pool. City Council member Awada asked Mr. Newman what had been done with their design to mitigate noise for the surrounding neighborhood. Mr. Newman stated that the site excavation and landscaping will include berms, the site has been lowered an additional two feet in elevation and the slide tower has been moved inward by 130 feet, and further, the site is a natural bowl and noise should not be a problem. Mayor Egan asked if there is any quantifiable information on what these changes will do for the noise mitigation. Mr. Newman stated that it is his professional opinion that the noise level will be reduced, sharing further his experiences with over 100 pool facilities he has designed nationwide. City Council member Wachter asked what has been planned for the competitive swim area. Mr. Newman stated that there are six lap lanes at 25 meters each proposed for the aquatic pool 00148 Page 3/Eagan Special City Council Meeting Minutes May 5, 1998 project. Mayor Egan asked if there is any change in the total bather load of 2,000, which includes the lazy river. Mr. Newman said there is no change in the bather load as a result of the modifications to the project. Members of the Advisory Parks Commission were invited to attend and share in the discussion of the proposed aquatic pool facility project. Commission member Peterson asked about the changing room and specifically if there are ample shower facilities. Mr. Newman reviewed the plans for the changing rooms, stating that there are ample showers and locker facilities. Mayor Egan asked if there is any change in the proposed parking. Director of Parks & Recreation Vraa stated that there is a small realignment and shift of parking lot 2, south of the facility. Advisory Parks Commission member Johnson asked if the concession area is indoors or outside. Mr. Newman stated that the food consumption area is outside. Mayor Egan stated that he received a constituent call regarding the amount of beach or sand area proposed for the aquatic area facility. Mr. Newman stated that there is very little actual sand, stating further that the area around the water is a hard surface and that the term "beach" for an aquatic pool is the zero depth entry. Mr. Newman further stated that this area of the aquatic pool is the most populated with adults and children of all ages, especially young children. Advisory Parks Commission member Vincent stated that a lot of people in the City would like to see this project happen and expressed his excitement about the proposal. He further asked questions about the vehicle drop area which were given response by Mr. Newman. Advisory Parks Commission member Markell asked if there is an extreme point of noise that deserves additional shielding given the proximity of the neighborhood. Mr. Newman stated that his company has designed and observed operations of numerous aquatic pool facilities in residential areas and noise has not been an issue. City Councilmember Masin asked whether loudspeakers that are used for swim meets will cause a noise decibel problem. Mr. Newman stated that in the case of a loudspeaker, there is a more piercing sound than the ambient sound of an entire pool. City Councilmember Wachter asked whether the slides are closed or open. Mr. Newman stated that the water slides could be designed either way, as open or closed, or the City could include both an open and closed slide, providing both opportunities for the user. City Councilmember Awada asked if the $100,000 budget for water play elements is adequate. Mr. Newman explained what is proposed and stated that certainly additional features could be added with the original project or at a later date. After a discussion regarding the proposed aquatic pool facility budget, Mr. Newman stated that no less than a 5% contingency will exist at the time bids are offered. He further spoke to the pool elevation, stating that the library facility will look over the site. Mayor Egan asked about the landscaping materials that are proposed for the aquatic pool. Director of Parks & Recreation Vraa stated that the budget includes $120,000 of landscaping materials for the interior portion of the project and $30,000 of plantings outside the fenced area. Director of Parks & Recreation Vraa stated that he met with the library staff whose main concern was about a planting program for the library facility. He stated that the City will work with library staff on their planting program. City Council member Awada stated that she would like the City Council to review the architectural plans for each of the buildings in advance of any approval for plans and specifications. Director of Parks & Recreation Vraa stated that staff has been working on a footprint with the consultants and will bring the plans to the City Council for their review. City Councilmember Blomquist asked if there is a first aid station on site. Mr. Newman stated that there is a first aid station with main personnel on location. City Council member Blomquist further asked what type of chemicals are proposed for the pool chlorination. Mr. Newman stated that a combination of myradic acid and liquid chlorine is proposed for the pool chlorination. 00149 Page 4/Eagan Special City Council Meeting Minutes May 5, 1998 City Council member Awada stated that she would prefer the project be bid as two phases, with phase 1 as the basic aquatic pool facility and phase 2 as the lazy river. Mr. Newman presented a flow chart/time schedule stating that the earth moving portion of the project will be bid in May/June, the actual pool facility in June/July and the buildings will be last to be bid. He further stated that the bidding documents will separate the bids for the base pool and lazy river as requested. City Councilmember Wachter stated" that it is his opinion that the City would be better served to build the entire project at this time due to the additional cost incurred if phase 2 is delayed and built in the future. City Council member Blomquist stated that three out of four phone calls she is receiving prefer the basic pool and not the lazy river. Advisory Parks Commission member Markell stated that the recommendation of the Commission is to proceed with the total project. Mayor Egan thanked Mr. Newman for his presentation and stated that this item will appear on the regular City Council meeting agenda for further consideration. ADJOURNMENT There being no further business, the meeting was adjourned at 6:21 p. May 5. 1998 Date TLH