01/11/1984 - Advisory Parks & Recreation Commission
SUBJECT TO APPROVAL
MINUTES OF A SPECIAL MEETING OF THE ADVISORY PARKS AND RECREATION COMMISSION
EAGAN, MINNESOTA
JANUARY 11, 1984
Chairman Martin called the Special Advisory Commission to order at 7:10
P.M.. Members present were Alt, Martin, Thurston, Jackson, Kubik, Fedde
and Masin. Absent were members Bertz and McNeely. Also present was the
Director of Parks and Recreation and Mr. Jim Curry of Lexington South.
The Director of Parks and Recreation stated that it was the Commission's
direction from the last regular meeting for staff to review the Lexington
South PUD agreement and any related materials for determination of parkland
dedication credit which might be applied in the PUD. He explained he had
spent many hours reviewing materials and in conversation with City staff,
the consultant planner and attorney, regarding the issues of parkland dedica-
tion in Lexington South. He continued saying that records and recollections
were not clear or definitive, which would lead to an easy resolution of the
parkland issues of credit. He retraced for the Advisory Commission the early
PUD presentations from the planners report dated May of 1974. This planners
report covered a then proposed Lexington South PUD which covered 1,511 acres.
A portion of this land was sold off prior to the conclusion of a PUD agree-
ment which now includes 1;150 acres. This preliminary planners report stated
that there would be parkland credits for easements and ponding, however, total
acreage exceeded the 10% dedication requirement which was to offset the credits
for easements and ponding. There were several questions from the Advisory
Commission regarding the background of the PUD agreement which the director
tried to respond to.
In response to the question of the documentation of parkland credits against
existing dedicated parkland, the director responded that as late as December
of 1979 no such chart existed. Although several references have been made
to such a chart and attempts were made to compile one, there was no formal
documented or approved chart which showed park dedication and dedication
credits. The director concluded his remarks and background information
presentation to the Advisory Commission and responded to numerous questions
by the Commission.
Mr. Curry, who had previously distributed a graphic representation of the
remaining parcels in the PUD to be developed, stated that he had come to
the Advisory Commission willing to negotiate and discuss the various par-
cels. He stated that the parkland PUD commitment was for 140 + acres which
is well above the 10% land dedication requirement. He went on to explain
that he has stood by his obligation and is willing to commit the remaining
park parcels to the City. He was not able to negotiate other land parcel
dedications because the remaining land was committed in one form or another.
Minutes
January 11, 1984
Page Two.
There were additional questions of Mr. Curry regarding the land parcels
which he has shown as being committed, sold or as park parcels. After a
lengthy discussion, the Director of Parks and Recreation indicated that
it would appear that each park parcel must be reviewed for determination
of park credits. He then displayed a parkland tally sheet on the overhead
projector which listed each parcel's gross acres and status. He went on
to explain that it would appear that negotiations in regards to each parcel
would have to be concluded to determine the total acreage which should be
applied against the parks dedication requirements within the PUD.
The Advisory Commission and developer then reviewed each of the listed park
parcels to determine the parkland credits to determine net acres for each
parcel.
In reviewing the park parcel as proposed in the Westbury Preliminary Plat,
discussion centered around the lack of access to the proposed open space
area from the north, its only use as an open space area which is duplicative
of the efforts in Patrick Eagan Park, as well as other factors. The Advisory
Parks Commission, while recognizing the open space value of the parcel, reached
a concensus that its inclusion as parkland in the City's park system was not
an objective. Therefore, there was a motion by Carroll, seconded by Masin,
to recommend to the City Gpuncil that the proposed 8.4 acres of parkland in
the Westbury Preliminary Plat be rejected for the reasons previously discussed.
Mr. Jim Curry of Lexington South indicated that he would like to donate to
the City as a gift the area which is currently shown as an outlot. He ex-
plained his reasonings to the Advisory Commission, explaining that Gabbert
Development Company did not wish to include the parcel into residential lots.
He provided other explanations as to his not wanting to include it as part of
the residential lots and indicated that he would then have a parcel of land
which would not be suitable for any other purposes. He indicated that he did
not wish to maintain the parcel and have it go tax forfeiture and he did not
wish to be known for having parcels of land in a Community which would even-
tually fall under this category.
The Advisory Parks and Recreation Commission then discussed the acceptance of
this parcel as a donation to the City. Member Thurston questioned the issues
of maintenance and future obligations for the parcel from adjacent residents.
She asked if there was a mechanism which would protect the City from having
to, in future years, provide park development to the area. Director of Parks
and Recreation Vraa responded that the parcel could be accepted as a gift and
a letter extended to Mr. Curry noting that this parcel had been received in
such a manner. In this manner, the parkland would not be credited against
the Lexington South PUD. He went on to explain that the parcel could be
designated in the lowest category of parks maintenance and carried in the
Minuutes
January 11, 1984
Page Three. -
parkland inventory listing as "open space". It was also suggested that the
marketing materials of Gabbert Development reflect this as open space and not
as City parkland or nature area. After further discussion, there was a motion
by Thurston, seconded by Masin, to recommend to the City Council that the out-
lot of 8.4 acres in the proposed Westbury Plat be accepted as a gift from
Mr. Curry, assuming that the parcel is classified as open space and no park-
land credits against the Lexington South PUD is recorded. On a vote of the
motion, all members were in favor. Chairman Martin said that a letter to
Mr. Curry thanking him for the gift should also be extended which he might
be able to use for tax purposes.
The Commission then discussed Outlot A, Kensington Place, which consists
of 1.4 gross acres which is not part of the PUD. Chairman Martin noted
that the Commission had not extended credit on other parcels which had
shown strong desirability for the park system. Chairman Martin also noted
that on the park credit for Outlot A, the 1.4 acres was credited at a higher
rate, based on the value of commercial property for parks dedication. The
Commission concluded that 2.57 acres credit should be given for the parcel
for a total of 102.14 net acres against the park dedication in the Lexington
south PUD. (Chart attached.)
There was considerable discussion regarding the resolution of the deficiency
of approximately 13.1 acres of parkland. Mr. Curry reiterated that there
were no areas in which he could provide additional parks because of commit-
ments. He immediately suggested that a cash contribution be made which would
be applied against the commercial property. Member Thurston suggested that
the commercial and industrial parks dedication requirement should still be
applied against the remaining acreage within the PUD. Mr. Curry reminded
the Advisory Commission that the PUD agreement was explicit in including
this area for parkland dedication already. An application of the commercial
dedication requirements would be a doubling of the City's park dedication
requirements on this property. Commission members and developer discussed
the cash or land exchange to make up for the parkland shortage. In response
to questions, the director indicated that the City was using the figure of
$10,000 per acre for parkland at this time in its cash dedication require-
ment, which seemed the appropriate figure to use as a cash settlement.
Mr. Curry stated this would amount to approximately $130,000 which he offered
to spread on the commercial property at $1,000 per acre. He noted that there
was 160 acres remaining in the commercial area which would net the City
$160,000. Member Kubik stated that it would take a period of years for
this cash to come to the City and with inflation, it would discount the
value of that cash dedication. He continued saying while he agreed with
the cash amount as being a good source of funds for years to come, there
needed to be some type of an escalator to discount the impact of inflation.
Members discussed a five and ten year limit on the cash amount due. It
was suggested that a 10% escalator be applied. Mr. Curry indicated this
would be acceptable to him. It was then confirmed by the Commission and
developer that the cash dedication settlement for the 13.1 acres would be
at a rate of $1,000 per acre in the commercially zoned area, to be paid at
the time of the building permit. Calculations would be on actual acreage
within the platted area in which the building permit was drawn. This would
be similar to the City's existing commercial and industrial dedication re-
quirement. It was also noted that a 10% escalation factor would be applied
for every year beginning in 1985.
Minutes
January 11, 1984
Page Four
Chairman Martin stated that this should conclude the meeting and thanked
Mr. Curry for his approach to the parkland dedication requirements. Mr.
Curry said he understood that the Commission was trying to seek a fair
settlement for the City and appreciated their position. He said he felt
that he had tried to be open, honest and fair about this and believes that
this is something that he can live with.
ADJOURNMENT
In a motion by Jackson, seconded by Masin, the special meeting of the
Advisory Commission was adjourned at 9:40 P.M..
Dated:
Advisory Parks and Recreation Secretary
KV/js
LEXINGTON SOUTH PD JANUARY 11, 1984
PARKLAND TALLY SHEET
NET
GROSS ACRE
PARCEL # ACRES STATUS COMMENTS CREDIT
1 1.26 PLATTED INTO LOTS 0
2 20.88 DEDICATED 4.5 ACRES OF PARK IN HIGHLINE 18.63
.43 DEDICATED POND .21
4 13.6 DEDICATED OPEN SPACE/PONDING 11.9
5 6.55 DEDICATED WEDGEWOOD PARK 6.55
6 4.04 DEDICATED/SOLD CITY ACCEPTED PARK PARCEL - RESOLD 4.04
6A 3.30 DEDICATED OAK POND HILLS - TRAIL/PARK 3.3
7 1.75 DEDICATED PONDING .83
8 10.25 DEDICATED HIGHLINE TRAIL; WEDGEWOOD PK. 5.3
9 5.01 PLATTED INTO LOTS 0
10 9.24 DEDICATION PENDING NORTH OF WEDGEWOOD; IN AREA OF 9.24
COMMERCIAL ZONING
11 13.14 DEDICATION PENDING- 4.90 ACRES-OF HIGHLINE, PONDING 10.69
12 9.12 DEDICATION PENDING 1.83 ACRES OF HIGHLINE; PROPOSED 8.2
SCHWANTZ LAKE PARK
13 11.06 DEDICATION PENDING MARSH, TRAIL CONNECTION 5.5
14 1.99 TO BE PLATTED INTO LOTS 0
15 13.53 DEDICATION PENDING 8.04 ACRES IN HIGHLINE 6.7
16 8.6 DEDICATION PENDING PART OF PROPOSED SCHWANTZ LAKE PK. 8.6
17 8.4 PENDING 0
18 1.4 OUTLOT "A", KINGSTON PL. NOT PART OF PUD 2.57
* 102.14
Amount Required 115.3 ac.
Net Acres 102.2
Deficiency 13.1
* AS REVIEWED AND APPROVED BY MR. JIM CURRY, LEXINGTON SOUTH
AND THE ADVISORY PARKS AND RECREATION COMMISSION ON JAN. 11, 1984.