08/05/1993 - Advisory Parks & Recreation Commission
MINUTES OF REGULAR MEETING OF
ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
EAGAN, MINNESOTA
AUGUST 5, 1993
A regular meeting of the Advisory Parks, Recreation and Natural Resources Commission was called
to order at 7:00 p.m. on August 5, 1993 with the following Commission Members present: David Szott, John
Rudolph, George Kubik, Lee Markell, Stephen Thompson and Dan Mooradian. Commission Members Ted
Billy, Jonathan Widem, Frankie Hall, Erin Ipsen-Borgersen and Deborah Johnson were not present. Staff present
included Ken Vraa, Director of Parks and Recreation; C.J. Lilly, Landscape Architect/Parks Planner; Dorothy
Peterson, Superintendent of Recreation; John VonDeLinde, Parks Superintendent; Rich Brasch, Water Resources
Coordinator; Jeff Perry, Tree Inspector; Project Planner Shannon Tyree and Cherryl Mesko, Secretary.
AGENDA
Director Vraa asked that Gardenwood Ponds be added under Old Business. Lee Markell moved, John
Rudolph seconded with all members voting in favor to accept the agenda as amended.
MINUTES OF JULY 1, 1993 REGULAR MEETING AND JULY 12, 1993 RE-SCHEDULED MEETING
Lee Markell moved, Dan Mooradian seconded with all members voting in favor to accept the minutes
of the regular July 1, 1993 meeting and the re-scheduled July 12, 1993 meeting as presented.
CONSENT AGENDA
Stephen Thompson moved, Dan Mooradian seconded with all members voting in favor to make the
following recommendations to the City Council.
1. Lakeview Trail 2nd Addition. The plat would be responsible for a cash parks dedication and
cash trails dedication. The City of Eagan Tree Preservation guidelines are to be followed. The
developer would be required to remove the delta that has formed at the inlet of Pond LP-26
as directed by staff and the filling of the wetland fringe around Pond LP-26 would be
prohibited.
2. Autumn Ridge 4th Addition. The plat would be responsible for a cash park dedication for 12
lots and a cash trails dedication for 12 lots. The City of Eagan Tree Preservation Guidelines
are to be followed and require significant trees be identified on grading plan. This
development would be subject to a cash water quality dedication.
3. Town Centre 70 16th Addition. The plat would be responsible for a cash parks dedication
for 131,011 square feet and a cash trails dedication for 3 acres. The development would be
subject to a cash water quality dedication of $2,715 for Lot 1, Block 1 and $10,680 for Lot
2, Block 1. The collection of the cash dedication for Lot 2, Block 1 is to be made a condition
of site plan approval by the City.
Advisory Parks, Recreation and Natural Resouces Commission
Minutes of August 5, 1993 Meeting
Page 2
MAJESTIC OAKS ADDITION - JAMES CURRY
Director Vraa introduced this item as a application requesting the rezoning of 20.8 acres from
Agriculture to R-1 Single Family and a preliminary plat of 27 lots. Project Planner Tyree explained that this
proposed development is located in the NW corner of Cliff Road and U.S. Highway 3 in the SE 1/4 of Section
25. Shannon continued that this item appeared before the Advisory Planning Commission on July 27 where
the re-zoning request was approved but the Preliminary Plat was denied. Parks Planner Lilly explained that
according to the grading plan and tree preservation plan submitted, it appears that slightly more than 25% of
the trees would be removed during construction of access roads and building pads.
Water Resources Coordinator Brasch noted that the proposed development lies in drainage basin L just
south of Hay Lake with the northern 2/3 of the site draining toward Hay Lake. Rich explained that the southern
third of the site will drain either to a wetland in the southeast corner of the site or off-site to the southwest.
Runoff leaving the southwest corner of the site will drain to pond LP-29, a nutrient basin, before reaching an
indirect contact recreation lake further down the drainage. Mr Brasch concluded by recommending several
conditions to the plat regarding water quality and wetlands issues.
George Kubik expressed concern for the steep slopes on the site and the impact during construction.
Mr. Brasch responded that this issue could be monitored and inspected by the Engineering Department. Lee
Markell asked if the northern cul-de-sac could be moved to the west slightly to protect the visual and biological
integrity of the wetland on the northeast portion of the site. Lee asked if the setback buffers from the pond
could be increased to 50 feet rather than 30 feet. He also asked if a conservation easement with a setback of
75 feet could be implemented within the area south of the pond. Mr. Markell also questioned the necessity
of the berm on the east side of the lots to screen the lots from Hwy 3. He indicated a 3 foot berm would not
be sufficient in buffering the area and suggested that the impact would be significant tree loss. Lee suggested
that the eastern side of the site should be enhanced more to allow for a more pleasant impact as this would
be the "gateway" to southeast Eagan.
After further discussion, Lee Markell moved, David Szott seconded with all members voting in favor
to make the following recommendations to the City Council regarding Majestic Oaks Addition:
1. The development would be responsible for a cash parks dedication for 27 lots.
2. The development would be responsible for a cash trails dedication for 27 lots.
3. The City of Eagan Tree Preservation Guidelines are to be followed with the contractor
identifying size and species of significant trees on the grading plan.
4. All stormwater runoff from the development draining toward Hay Lake should be treated by
ponding on the site. The treatment pond should have a minimum wet pond volume of 1
acre-foot and an average depth of at least 3 feet.
5. Those areas of the parcel draining off-site to the southwest shall be subject to a water quality
cash dedication.
6. No draining or filling of wetlands on the site will be permitted.
7. No stormwater runoff from impervious surfaces will be discharged to Pond LP-47. A buffer
of natural vegetation extending 30 feet back from the edge of the wetland shall be maintained
during and after development.
Advisory Parks, Recreation and Natural Resouces Commission
Minutes of August 5, 1993 Meeting
Page 3
8. The 30 foot setback from the edge of the wetland should be increased to 50 feet.
9. The northern cul-de-sac should be moved to the west to the maximum extend practical.
10. The proposed 3 foot berm on the east side of the property adjacent to Hwy 3 should be
eliminated if it causes adverse environmental impact by tree removal.
TOWN CENTRE 100-12TH ADDITION - MANN THEATERS
After introduction of this item by Director Vraa, Project Planner Tyree explained that this was an
application requesting a Preliminary Plat consisting of one lot for a movie theater, a Conditional Use Permit
to allow a pylon sign, and a Variance of 143 less parking stalls. Shannon continued that this site is located
within the Eagan Heights Commercial Park Planned Development south of Yankee Doodle Road, east of Yankee
Place and Town Centre Drive, north of Town Centre Drive and east of Town Centre 100 and Town Centre 100
9th Additions. Shannon concluded that this item had been reviewed at the July 27, 1993 Advisory Planning
Commission meeting and was denied because of access concerns.
Director Vraa explained that the applicant has previously met the parks dedication requirement as part
of the P.U.D. but the Commission should review the trails connections for this development. Ken continued
that a tree preservation plan had not been submitted to date and according to the grading plan, no attempt has
been made to preserve trees located around pond DP-20.
Water Resources Coordinator Brasch explained that this proposed development lies in drainage basin
D (LeMay Lake) and would discharge stormwater runoff to Pond DP-20 designated as a nutrient basin in the
City's water quality management plan. From Pond DP-20, water is discharged to O'Leary Pond. Rich
continued that staff is recommending on-site ponding forthis development and the developer prefers modifying
Pond DP-20 to meet those needs rather than construct an additional pond on site. Mr. Brasch continued that
the only wetland on the site is associated with Pond DP-20. The developer is proposing to fill approximately
.4 acres of the wetland as part of the project. It is staff's opinion that the developer has not exhausted their
efforts to pursue reasonable options to avoid or minimize the amount of filling associated with this
development. Rich noted that other options had been discussed with the developer in lieu of filling the
wetland. If the City allows the filling of the wetland, the area filled would need to be replaced on an acre-for-
acre basis and the developer would need to submit a replacement plan to the City for approval. The developer
would also be required to make up by excavation in Pond DP-20 any wet pond volume lost due to filling. This
excavation would be in addition to that required to satisfy the developer's water quality treatment obligation.
Chairman Kubik commented on the lack of sidewalk on the west side of the property and suggested
the Commission strongly review that issue as well.
Martin Colon of Federal Land indicated they have been attempting to get a theater in the City of Eagan
for the past 2-3 years. He indicated that Pond DP-20 started as a storm water drainage pond and as such met
all city requirements and easements were furnished to provide for that use. Mr. Colon continued that they
consider this a "taking of .4 acre of land". They are proposing to replace the .4 acre of wetland on O'Leary
Lake and feel this exceeds the intent of replacement. Mr. Colon indicated that the .4 acre doesn't impact
O'Leary Lake very much and should actually increase the aesthetics of the pond.
It was noted by Mr. Colon that the building cannot be built in any other location given the layout,
visibility and access needed to facilitate an eight screen first run movie theater. He continued that the overall
plan is excellent and the pond will be improved by the excavation. Mr. Colon concluded that the plan they
are proposing, as is, will provide an overall benefit to the City.
Advisory Parks, Recreation and Natural Resouces Commission
Minutes of August 5, 1993 Meeting
Page 4
Chairman Kubik explained that the Commission had walked the site prior to this meeting and were
concerned for the size of the proposed building on this site along with the 90%+ impervious surface. George
continued that one of the responsibilities of the Advisory Parks, Recreation and Natural Resources Commission
was to minimize wetland filling as mandated by law.
Based on the existing plan, Lee Markell concluded that all trees on the west side of the pond will be
removed. Mr. Brasch agreed that that was most likely the case. Mr. Markell asked if it was possible to
continue the path from the Blue Cross/Blue Shield property around the pond based on the existing plan.
A representative of the Mann Theatres addressed the Commission noting that they had come to Eagan
with the intention of building theatres. He continued that since they have built several throughout the Twin
Cities,they understood what is needed to develop a successful project. Mann Theatres is confident that the
building is sited the only way it can be on the 6.6 acres. In an attempt to minimize the impact to the pond
and wetland, they feel they have moved the building as far west as possible. It was noted that they would be
amenable to landscaping the site but could not move the building.
Mr. Kubik reiterated his concern for the visual impact of the site with 90%+ impervious surface along
with no visual amenities like landscaping within the development.
Mann Theatres representative reminded the Commission that they are already buying 1.6 acres of land
which leaves less of the property available for development. They indicated they may consider looking at a
path around the pond but reiterated their reluctance in moving the building or compromising with its size.
They commented that they were happy to work with landscaping and incorporating a path and they were
resigned to the fact that they are accepting 1.6 acres of ponding that they cannot develop. Chairman Kubik
reminded the developer that the ponding was provided to serve this development as well as provide water
quality throughout the City of Eagan.
Lee Markell asked that since the preliminary plat was denied by the Advisory Planning Commission,
would the developer consider six screens rather than eight. Mann Theater representatives noted that was not
an option since they would need eight screens to be competitive. Mr. Markell asked if there was an attempt
to share parking with the Blue Cross/Blue Shield property. It was noted that Blue Cross/Blue Shield opposed
this theater project, therefore it was felt a cooperative parking situation may not be workable.
George Kubik asked that the developer provide a greening buffer along the road to the west and south.
Director Vraa explained that a buffer could be placed within the road right-of-way. George noted that if a
sidewalk were installed on the west and south portion of the site, there would be no room within the right-of-
way for landscaping. George reiterated his concern for the lack of green space in this development. He asked
that staff research the ordinance which requires a certain percentage of greenspace within a development.
Dan Mooradian noted that if the wetland area around the pond is filled it appears it is being done so
to facilitate parking. He suggested that parking be reduced to allow the trees to remain on the west side of the
pond. Mann's representative stated that they have looked at the trees in this location and feel the trees are not
worth saving. They feel that landscaping would improve the site more than leaving the trees. They also
indicated that they could do without a few of the parking stal Is to facilitate landscaping to the west of the pond.
Director Vraa asked if they stayed with the 4 to 1 parking would they be short parking spaces. The Mann
representative responded they would be short but did not want to consider purchasing additional land to
provide for more parking. Mr. Markell responded that City Code requires 3 to 1 parking and suggested that
the developer look at cooperative parking. The developer responded that they are seeking a variance from the
city for parking space as it was their impression that the ratio of 3 to 1 was excessive.
Advisory Parks, Recreation and Natural Resouces Commission
Minutes of August 5, 1993 Meeting
Page 5
After further discussion by the Commission Dan Mooradian moved, Stephen Thompson seconded with
all members voti ng in favor to make the following recommendations to the City Counc i l relative to Town Centre
100-12th Addition, Mann Theatres, Inc.
1. The developer is to excavate Pond DP-20 to provide .8 acre feet additional wet pond volume
to meet water quality treatment requirements for the proposed development.
2. The developer is to be required to obtain water resources program staff approval of the
excavation plan.
3. The developer's proposal to fill .4 acres of wetland associated with Pond DP-20 be denied and
alternatives to avoid or minimize filling be pursued.
4. If the City allows any filling of the wetland, a plan must be submitted for approval by staff too
replace the filled area on an acre-for-acre basis as required under the interim program of the
W.C.A.
5. Any wet pond volume lost due to filling is to be made up by additional excavation in Pond
DP-20.
6. The City of Eagan Tree Preservation Guidelines are to be followed and the applicant must
identify size and species of significant trees on the grading plan.
7. A sidewalk is to be incorporated along the west and south side of the site.
8. The development is subject to the ordinance regarding greenspace requirements within
impervious areas.
It was noted that the Commission felt very strongly about maintaining the maximum amount of
undisturbed wetland area as possible.
GARDENWOOD PONDS
Director Vraa indicated that the City Council had requested that the Advisory Parks, Recreation and
Natural Resources Commission review the need for a trail connection between the proposed Gardenwood
Ponds Addition and the Wescott neighborhood addition via Stanwix Road. The City Council, at the request
of residents of the Wescott Addition, determined that Stanwix Road would not interconnect with Gardenwood
Ponds Addition and the current roadway would be cul-de-saced. The Council has asked that the Commission
review this item and make a recommendation to the City Council.
Mr. Bob Weigert of Paramount Engineering was present to represent the developer. He explained that
the City Council had requested the developer to provide a concept plan that would result in Stanwix Road
ending in a cul-de-sac. The cul-de-sac layout was provided showing realignment of lots, however the
developer was surprised when the Council asked that consideration be given to allow a trail easement between
lots 1 and 2 or lots 2 and 22. Mr. Weigert indicated the developers position is that there would not be enough
traffic to warrant a trail in this location and they have a concern for the devaluation of the lots impacted by
this proposed easement.
Advisory Parks, Recreation and Natural Resouces Commission
Minutes of August 5, 1993 Meeting
Page 6
Stephen Thompson asked how much this trail segment would enhance the community and was it part
of the overall trail system. Mr. Kubik responded that this would provide a good connection laterally between
neighborhoods. John Rudolph asked how many lots would potentially be affected by this trail segment.
Director Vraa responded that approximately 6 lots could be impacted. Dan Mooradian asked if the
neighborhood had petitioned the Council to terminate the street. Mr. Kubik responded that the neighbors
expressed their concerns for traffic in this area and the Council responded by terminating Stanwix Road in a
cul-de-sac. Dan Mooradian stated he did not see the benefit in providing an east/west trail segment at this
location. Mr. Kubik commented that this is not a point to point trail, rather an opportunity to provide
recreational loops in the area.
George Kubik moved and Lee Markell seconded a motion to provide a trail between the proposed
Gardenwood Ponds Addition and the Wescott neighborhood addition via Stanwix Road consistent with City
trail standards.
Mr. Weigert asked if the Commission would consider a smaller trail. Mr. Kubik asked if the City has
trails narrower than 8 feet. Director Vraa explained that trails less than 8 feet have been installed in the past.
Stephen Thompson amended the motion to have staff look at the width of the trail to see if a narrower
trail could be considered. Director Vraa indicated that staff hasn't looked at the lot lines, trees, etc and it may
be beneficial to go to a narrower trail if there is a negative impact to vegetation.
David Szott, George Kubik, Lee Markell and Stephen Thompson voted in favor of the motion. Dan
Mooradian and John Rudolph voted against. The motion passed on a 4-2 vote.
PARKS DEVELOPMENT UPDATE
Parks Planner/Landscape Architect Lilly updated the Commission on the work that has been completed
at Blackhawk, Northview, Bur Oaks, O'Leary and Lakeside Parks. He provided photos of the work in progress
so the Commission could see what has been completed.
WESCOTT SQUARE
Director Vraa explained that the City will be acquiring the land at Wescott Square in order to construct
a playground area. It is anticipated that it will cost approximately $100,000 to develop the site. Ken continued
that a meeting was held with the neighborhood and the owners of the property to see what they viewed as the
highest priorities for the site. Landscape Architect C.J. Lilly added that the area being developed is
approximately 400 feet long and from 60 - 135 feet wide. Some of the items requested included open green
space, keep the basketball court at it's current location, and provide a smaller multi-purpose court located on
the east part of the site. After reviewing preliminary plans for the park, C.J. noted that plans and specifications
will be prepared shortly so the project can go out for bid.
John Rudolph moved, Stephen Thompson seconded, with all members voting in favor to recommend
the approval the park plans for Wescott Square. Mr. Rudolph concluded that the plan is very well thought
out and is a very practical use of space.
Advisory Parks, Recreation and Natural Resouces Commission
Minutes of August 5, 1993 Meeting
Page 7
PERMANENT PROGRAM RULE ADOPTION
Rich Brasch explained that the permanent program rules for the Wetlands Conservation Act were to
have gone into affect July 1, 1993, however implementation can be postponed until December 31, 1993. Rich
continued that the City needs to decide what date they want to implement the permanent program rules. Items
the subcommittee had to consider included the fact that early implementation would provide greater degree
of protection for existing wetlands; the program would be more time-consuming for staff to set up and
administer (30-100% more time); interim program provides somewhat more flexibility to define acceptable types
of replacement and Board of Water and Soil Resources staff would not be putting on training sessions for local
government units until at least September of October of 1993 after which the City will need to develop some
guidelines that developers and others can use to facilitate compliance with the permanent program.
Lee Markell commented that Eagan has been a leader in this area and he would like to see us be the
first to adopt the permanent rules. Mr. MarkelI suggested implementation of the permanent program effective
December 1, 1993 which would mean the plats that come to the City in October would be the first group
where the permanent program requirements would apply. George Kubik suggested using the December 31st
date to allow for sufficient training for this program since the program rule implementation is a 93 page
document.
After further discussion, George Kubik moved, Stephen Thompson seconded the recommendation that
the City of Eagan adopt and begin implementation of the permanent program effective December 15, 1993
which would mean that the plats submitted in November, 1993 would be the first group of plats to which the
permanent program requirements would apply. David Szott, John Rudolph, George Kubik, Stephen Thompson
and Dan Mooradian voted in favor. Lee Markell voted against. The motion passed on a 5-1 vote.
DEPARTMENT HAPPENINGS
Some of the Happenings reviewed by the Commission included the installation of an irrigation system
for the Dakota Hills Middle School athletic fields; installation of grills and park benches at several parks;
continued increase in reservations for parks shelters and pavilions; recognition of Jeff Perry's work in the Oak
Wilt program and recognition of Park Operations Supervisor Rich Pelletier for his involvement as chairman for
the 1993 "EXPO" sponsored by the Minnesota Park Supervisors Association.
OAK WILT SUPPRESSION GRANT
Superintendent of Parks John VonDeLinde noted that this item is provided as information to the
Commission. He continued that the City received a grant for Oak Wilt suppression and staff has set up a
method by which the funds can be administered.
Jeff Perry, seasonal Tree Inspector explained that the City has received a $35,000 cost sharing grant
from the Department of Natural Resources. Of the $35,000, $4,000 will be used to offset city expenses. The
remaining $31,000 will be disbursed to Eagan residents who perform tree removal or vibratory plow work on
their properties following inspection and notification by the city tree inspector. Jeff continued that the work
is to be completed by December, 1993 and refunds to property owners will begin in January.
As part of the oak wilt inspection process, Jeff added that they discovered that the numbers of trees
affected by Dutch Elm was significantly higher than what was anticipated. It appears that may have a larger
impact on trees within the City than Oak Wilt which may require the Commission to address that issue at a
later date. It is felt that the aerial photography will help staff to determine the extent of damage.
Advisory Parks, Recreation and Natural Resouces Commission
Minutes of August 5, 1993 Meeting
Page 8
George Kubik thanked Jeff for the excellent job in providing information to residents and administering
this program for the City.
ROUND TABLE
Director Vraa, noting that September 1st falls close to the Labor Day holiday, asked if Commission
Members would be present for the regularly scheduled meeting or if there would be a need to reschedule the
meeting for September 9th. The consensus of the Commission was that the meeting should be rescheduled for
September 9th.
With no further business to conduct, Lee Markell moved, Stephen Thompson seconded with all
members voting in favor to adjourn the meeting. The meeting was adjourned at 9:50 p.m.
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cretary Date