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11/14/1994 - Advisory Parks & Recreation Commission MINUTES OF REGULAR MEETING OF ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION EAGAN, MINNESOTA November 14, 1994 A regular meeting of the Advisory Parks, Recreation and Natural Resources Commission was called to order at 7:00 pm on November 14, 1994 with the following Commission Members present: Michael Vincent, David Szott, Stephen Thompson, Lee Markell, Ted Billy, Jonathan Widem, John Rudolph and Sherie Wallace. Commission Members George Kubik and Ken Tyler were not present. Staff present included Ken Vraa, Director of Parks and Recreation; Dorothy Peterson, Superintendent of Recreation; John VonDeLinde, Parks Superintendent; Rich Brasch, Water Resources Coordinator; Gregg Hove, Supervisor of Forestry; C.J. Lilly, Landscape Architect/Parks Planner; Shannon Tyree, Project Planner; Mike Ridley, Project Planner and Cherryl Mesko, Secretary. AGENDA Director Vraa added Oakridge Family Housing - HRA to the Consent Agenda. Stephen Thomas moved, Jonathan Widem seconded with all members voting in favor to approve the agenda as presented. MINUTES OF REGULAR MEETING OF OCTOBER 17, 1994 John Rudolph moved, Jonathan Widem seconded with all members voting in favor to approve the minutes of the October 17, 1994 meeting as presented. DEPARTMENT HAPPENINGS Director Vraa highlighted several of the department happenings including providing concessions for the state football tournament, increase in the Eagan hockey program from 32 to 38 teams, installation of the scoreboard on softball field #6 at Northview, new mail-in priority registration for winter programs, successful Treat Trail and Terror Trail for Halloween, recruitment of winter recreation staff has begun,completion of Blackhawk Park playground was noted, supplemental aglime was ordered and spread on many of the park system infields, landscaping of the Fish Lake Park trail has been completed by the Twin Cities Tree Trust, seasonal park shelter building have been winterized and there was recent damage of $1,800 to the Woodhaven Park hockey rink by a vehicle. CONSENT AGENDA Stephen Thompson moved, Jonathan Widem seconded with all members voting in favor to make the following recommendations to the Advisory Planning Commission and the City Council regarding the following proposals: 1. Frank Rechtzigel Addition. Because there is no development proposed, there are no parks or trails dedication requirements. Park dedication issues for the entire 32.3 acre tract will be reviewed when Outlot A develops. Water quality issues will be reviewed when Outlot A develops. 2. Pines Edge 2nd Addition - Shamrock Development. Individual tree preservation plans will be required prior to individual lot development, there are no jurisdictional wetlands located within the boundaries of this plat. The runoff generated from the site will be treated by a newly constructed detention basin designated as Pond LP-27.3, located on the west side of the elementary school. The storm water runoff will be treated in the detention basin before discharging into Pond LP-26, the nearest downstream recreational water body. There is no cash dedication or on-site ponding required with this development. The parks and trails dedication were calculated with the first addition, therefore, no cash or land dedication will be required for this development. Advisory Parks, Recreation and Natural Resources Commission Minutes of November 14, 1994 Meeting Page 2 3. Eagan Family Housing LTD. - EHW Properties. This proposal is for a preliminary Planned development. Specific recommendations relative to parks/trails dedication, tree preservation and water quality/wetlands will be addressed with the plat application. TOWN CENTER 100 FIFTEENTH ADDITION - RED ROBIN Director Vraa introduced this item noting that the Commission had reviewed it at theirOctober meeting and deferred action pending further review by the Natural Resources Sub-committee. Commission Member Widem explained that the Commission's concern with encroachment onto the wetlands area and consideration for moving the Red Robin building to mitigate that impact was discussed with the developer. The Sub- committee's conclusion at the end of their meeting was that this project should be left as platted with some specific recommendations. It was noted that the tree removal can be mitigated on site. Member Wallace asked if there was discussion relative to access to Yankee Doodle Road. Member Widem noted that this was not an issue covered by the Natural Resources sub-committee. Member Thompson indicated that access had been discussed by the developer at one point, however, the County did not agree that access on Yankee Doodle was a possibility. Member Markel) asked what the minimum parking requirements were for this site. Member Widem responded the minimum was 85 and Red Robin was looking at providing more, however there was to be no shared parking with the theater. Member Widem concluded that the developer was amenable to most options discussed by the sub-committee and the sub-committee was comfortable with the developer's proposal. Member Thompson added that although the developer was unsure about the potential for a boardwalk in this development, it should be made clear that the developerwold be responsible for the cost of the boardwalk only to the extent that would be equal to the cost of a bituminous trail. In response to a question relative to the preservation of a stand of black willows, Forestry Supervisor Hove responded the trail could be located between the building and the willows, thus preserving them. Member Markell reiterated his concern that a 50 foot buffer should be provided around wetlands and commented that he did not feel this was a specifically sensitive development because of the wetland impact. Member Widem empathized with Member Markell's comments, but noted that development has already occurred around this wetland and the sub-committee felt they had come to a good compromise with the Red Robin development. As a point of clarification, Director Vraa noted that if a boardwalk was a requirement of this development, the developer would be responsible for the cost of a bituminous trail an the City would be responsible for the difference in cost between the bituminous trail and boardwalk. After further discussion, Jonathan Widem moved, Stephen Thompson seconded the motion that the following recommendations be made to the Advisory Planning Commission and City Council regarding Town Centre 100 Fifteenth Addition - Red Robin: 1. The clusters of black willows near the ponds edge should be preserved. The loss of the remaining woodland should be mitigated with plantings on the site as per the City's Tree Preservation Policy and staff direction. The wetland edge shall receive top priority for replacement plantings. 2. All necessary erosion control measures should be required to keep sediment from entering the pond during grading and construction. A floating silt curtain should be installed in the pond where fill approaches the north wetland shoreline. The curtain should be installed prior to any grading and be maintained until after the site is stabilized with vegetation. 3. The trail within the plat should be a boardwalk. The subcommittee prefers a boardwalk over a bituminous trail because a boardwalk offers more flexibility in avoiding impacts to the willows, reduces intrusion into the wetland, and adds to the aesthetics of the pathway. Advisory Parks, Recreation and Natural Resources Commission Minutes of November 14, 1994 Meeting Page 3 4. The plan should be revised to show the six foot sidewalk location along Yankee Place northward to Yankee Doodle Road which will be a continuance of the existing Mann Theater sidewalk. 5. The plan should be revised to show the trial north of the pond to be a minimum of eight feet. 6. The site plan should be revised to show the north/south trail on the east property line to be a minimum of eight feet. 7. A trail connection shall be made along Yankee Place and around the north edge of pond DP- 20. 8. LA pond excavation plan for Pond DP-20 must be submitted and approved by the City's water Quality Resources Coordinator indicating a minimum of 850 cubic yards of material be excavated and removed from the pond. Those voting Aye included Michael Vincent, David Szott, Stephen Thompson, Ted Billy, Jonathan Widem,John Rudolph and Sherie Wallace. Lee Markell voted Nay. The motion was passed. LENTSCHS DEERWOOD POINTE Director Vraa introduced this item again noting that the Commission had reviewed this development at their October meeting and had deferred action until the Natural Resource s Sub-committee reviewed it further. Member Widem noted that this item was brought to the Sub-committee because no tree preservation plan had been provided for review at the October Commission meeting. After review, Widem continued, the Sub-committee is comfortable with the preservation being provided with this development. Forestry Supervisor Hove commented that the tree preservation plan had been updated and meets present requirements. Mary Patrulo, 3950 Clippers, commented that she agreed with the City's tree preservation plan, however the majority of the big trees on this particular site were removed before the development was proposed and submitted to the City for consideration. She provided photos to the Commission showing the tree density prior to this development proposal, while the property was still zoned agricultural. Ms. Patrulo stated she felt this was a violation of the intent of the Tree Preservation Policy and asked the City to consider looking at the policy to attempt to eliminate this "loophole" Member Billy asked what impact the Tree Preservation Policy would have on land zone agricultural. Superintendent VonDeLinde explained that the City does not have control over tree removal prior to proposed development and suggested that the Commission may want to re-visit that issue in the Tree Preservation Guidelines. Supervisor Hove did verify that he had received calls regarding the tree removal at this site and had talked to the individual who was cutting them stating he had permission to clear the property before development. Roy Wallace, member of the Advisory Planning Commission, commented that the Planning Commission has taken action on this development and expressed his concern that this may be an easy way for trees to be removed pre-development. After further discussion, Jonathan Widem moved, Ted Billy seconded a motion to make the following recommendations to the City Council regarding Lentschs Deerwood Pointe: 1. The applicant should identify all significant trees to be saved as per the approved tree preservation plan and install protective measures as directed by City forestry staff. 2. The applicant shall notify the City Forestry Division at least five days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. All tree protective measures shall be in place, as shown on the approved grading plan, before grading commences. Advisory Parks, Recreation and Natural Resources Commission Minutes of November 14, 1994 Meeting Page 4 3. The tree protection measures should remain in place until construction on the individual lots is completed. 4. The water quality cash dedication for the lot containing an existing abandoned residence should be pro-rated based on the presumed difference in pre and post-development impervious coverage. 5. This development would be subject to a cash parks dedication. 6. This development would be subject to a cash trails dedication. EAGAN OAKS - CITYWIDE DEVELOPMENT Project Planner Ridley introduced this item as a Preliminary Subdivision consisting of 46 lots with 45 townhouse units on 8.1 acres located at the southwest intersection of Yankee Doodle Road and Elrene Road in the NE 1/4 of Section 14. This item will appear on the November 22 Advisory Planning Commission agenda, Ridley concluded. Forestry Supervisor Hove reviewed the plan identifying the footprint of forest cover and the areas to be preserved with this development. The developer is being asked to reduce specimen tree removal on this site and the developer has indicated their willingness to work on preservation of specimen trees. Member Markell commented on the beauty of the peninsula on this site and asked if a conservation easement could be created to allow that area to remain in it's present condition. Markell also asked that the tree protection fencing be left in place until after the last building is constructed. Roy Hanson who works with the developer, noted their concern for the trees on this site and indicated their willingness to preserve as many as they could. Mr. Hanson also indicated the plan is to maintain the peninsula as is. Afterfurtherdiscussion, Stephen Thompson moved, Jonathan Widem seconded with all members voting in favor to make the following recommendations to the Advisory Planning Commission and City Council relative to Eagan Oaks - Citywide Development, Inc. 1. There is one small jurisdictional wetland located in the northcentral portion of the site that will not be disturbed by this development. 2. Because site drainage to EP-2 is limited and the drainage to JP-33 will have little impact on high class water bodies downstream, staff is recommending a cash water quality dedication. 3. Prior to any site grading, the developer should install fencing at the critical root zone around all trees depicted on the Plan to be saved. Once this is completed, the developer should contact the City so an inspection can be performed prior to any site grading, trenching, filling, compaction or change in soil chemistry taking place. 4. This development would be subject to a cash parks dedication and a cash trails dedication. 5. Staff would work with developer to consider a conservation easement for the treed peninsula on the south central portion of the site. Advisory Parks, Recreation and Natural Resources Commission Minutes of November 14, 1994 Meeting Page 5 EASTER LUTHERAN CHURCH Director Vraa introduced this item explaining that the Commission would be reviewing a Conditional Use Permit request for Easter Lutheran Church and was asked that their review focus primarily on whether the development met water quality, wetland and tree preservation requirements. Project Planner Tyree explained that the location of this proposed development is on the northwest corner of Pilot Knob Road and Cliff Road adjacent to Thomas Lake. Easter Lutheran Church is requesting a Comprehensive Guide Plan Amendment to allow a change in land use from D-1 Single Family Residential to Public Facility and a Preliminary Planned Development/Conditional Use Permit to allow the phased development of a 73,385 sq.ft. church facility and 430 parking stalls. The Conditional Use Permit is needed to allow the maximum impervious surface coverage to be increased. Planner Tyree explained that the tree inventory for this site identified 169 significant trees of which 119, or 70.4% will need to be removed. Since this exceeds the 30% allowable tree removal, Tyree continued, mitigation would require the replacement of 216 category 'B' trees. Approximately 40% of the site is covered with trees and the proposed development will remove 70% of that 40%. There was one fringe wetland identified and delineated on the site along the perimeter of Thomas Lake however staff has not received a detailed grading plan for the development to determine whether encroachment was likely. The staked wetland edge,Tyree continued, is well within the "constrained area" identified on the proposed stormwater management plan and extends about 50 feet back from the ordinary high water elevation of Thomas Lake. The applicant has identified this as an area wherein no disturbance will take place. Staff recommends that no filling or draining of any wetland area within the site be permitted to maintain adjacent protective buffers around the lake. It was also suggested that a buffer strip to maintain the natural vegetation some distance back from the edge of the lake, beyond the fringe wetland, would be appropriate. Staff felt that a 50' buffer strip from the OHWM of Thomas Lake wold protect the screening vegetation and help prevent movement of sediment into Thomas Lake. Planner Tyree continued that the Shoreland Zoning Ordinance requires a 25% impervious surface maximum for general development lakes however, this applicant is requesting a 58% impervious surface coverage. The Code allows for an increase in the maximum "provided the City has approved and implemented a storm water management plan affecting the subject site and a conditional use permit permitting an increase has been granted". Because Thomas Lake is listed as a top priority in the Water Quality Management Plan and because of it's shallow depth, it has relatively little ability to assimilate watershed pollutant loadings without showing changes in its physical characteristics. The water quality in the lake is degraded, probably due to high pollutant loadings from the existing watershed. Staff felt there was sufficient room to accommodate a two cell 0.5 acre detention basin on the site which is far less than the size detention basin required to fully mitigate impacts to Thomas Lake, however, there are several opportunities to modify existing storm water ponds elsewhere in the watershed. These modifications would decrease loadings from those sub-watersheds sufficiently to compensate for inadequate treatment of run- off provided by the smal I detention basin planned on the site. Planner Tyree explained that the costs for off-site improvements are not known as yet. Once a detailed watershed analysis identifying all of the off-site mitigation opportunities is completed staff will determine what needs to be done and the costs involved. As part of the Conditional Use Permit process, it was noted that the City has the authority to require such improvements as the City deems necessary to fully mitigate water quality degradation. In conclusion, Planner Tyree noted that the applicant is willing to commit to the use of minimum disturbance/minimum maintenance practices to decrease the potential for generation and export of pollutants within the development. This includes the preservation of existing vegetation wherever feasible and landscaping with selected native species in order to eliminate the need for chemical applications, both fertilizers and pesticides. Advisory Parks, Recreation and Natural Resources Commission Minutes of Novembe 14, 1994 Meeting Page 6 Forestry Supervisor Hove displayed a layout of the site showing the footprint of the proposed building and impervious surface. Supervisor Hove also identified the significant vegetation that would be removed from the site to facilitate this development. Pastor Borgschatz addressed the Commission commenting that Easter Lutheran Church as been in the community for over thirty years and is committed to staying in the community to meet the future needs of the congregation. To that end, the church is hopeful they will be able to create a good balance between serving their congregation and providing for a sensitive development on the site for the church's future home. Fred Hoizington explained that it has been a pleasure working with Easter Lutheran Church on this project. Since this is a very difficult site because of shoreline regulations, Mr. Hoizington continued, there is a benefit to having the church control the entire site. It was pointed out that the Commission has previously reviewed the concept plan for this site. Mr. Hoizington pointed out that there would be an area to the north to provide for on-site ponding, parking has been reduced from 445 stalls to 430 stalls and there would be two chambers constructed under parking lots to provide for slow release of the storm water. Mr.Hoizington commented that the City has a very rigid tree ordinance, more strict than most communities, however, the applicant feels this is very important and is willing to mitigate tree loss in accordance with the policy. One suggestion was that since the church doesn't expect to begin construction on this site for approximately 3-5 years, perhaps smaller plantings could occur earlier so that the trees would be of the size needed for mitigation once construction begins. The applicant has indicated they will protect as much of the vegetation within the 50 foot wetland edge as possible. It was also noted that although there is a concern for the tree loss on the west side of the site, there is not much latitude for the applicant since this is the designated access to the site. Mr. Hoizington explained that the phasing of construction on this site will begin on the easterly portion of the site and move west in four phases. Relative to the impervious surface, Mr. Hoizington commented that although 25% is the maximum allowed, the City has the ability to change that amount if they so choose. Currently this development is showing 58% impervious surface but Mr.Hoizington mentioned that it may increase slightly if the County requires additional right-of-way for Cliff Road. Mr. Hoizington also commented that if this site had single family lots on it the impervious surface would be equal to or greater than the 58% this development is proposing. Member Markell asked what the net impact would be to Thomas Lake. Coordinator Brasch indicated that there would be no further degradation to Thomas Lake, however some additional basin modification may be done to improve the water quality and that could be accomplished with off site ponding. Member Widem explained that this issue was reviewed by the Natural Resources Sub-Committee recently wherein the applicant, staff and the sub-committee made attempts to reduce the damage to the site, however very few options were presented for tree preservation and water quality. Supervisor Hove added that tree loss mitigation could not occur on site. Member Widem continued that it is the Commission's responsibility to determine when a development encroaches on natural resources. Although the decision may be subjective, the Commission needs to determine if this development impacts this site adversely and if this is an appropriate location for such intense use. Resident of 1465 Thomas Lane expressed his concern for development at this site particularly because of the run-off to Thomas Lake from Pilot Knob Road. He felt that there is a run-off problem that exists now and that this intense development on the site will only exaggerate the problem. Other concerns expressed were the aesthetics of this development on this site and if parking were reduced, where would overflow parking be facilitated. Members Stephen Thompson and John Rudolph removed themselves from discussion and voting of this item due to their conflict of interest. Thompson because he is a member of the church and Rudolph because he attends the church. Advisory Parks, Recreation and Natural Resources Commission Minutes of November 14, 1994 Meeting Page 7 Member Wallace asked why Easter Lutheran was so set in using this site for their future expansion. Pastor Borgschatz responded that when the congregation was looking at future expansion in 1989 they looked at an area within a two mile radius because that is where the majority of the congregation came from and their survey indicated that people will travel up to ten minutes to go to church. Additionally, Easter Lutheran is one of three ELC churches in Eagan and must be cognizant of where they relocate since in some situations they may need to get permission from other ELC churches. The church's site committee looked at approximately 10-12 sites in 1989 and concluded that this site would best suit their needs for a 1000 seat capacity facility only one mile from the current site. In 1991, Pastor Borgschatz continued, a purchase option agreement was entered into to keep the two properties together. That purchase option will expire the end of 1994. Member Vincent asked if the church had considered the option of reducing parking by providing transportation from their current church. Member Widem commented that that had been suggested at the sub- committee meeting. Pastor Borgschatz responded that when the church site.is moved, they will most likely sell the existing church, eliminating the option of having people park and be transported to the new church creating a barrier for participation. Pastor Borgschatz commented that he felt the church would improve the appearance at this corner. Member Vincent stated that reduced parking on site could reduce the tree removal. Pastor Borgschatz responded that stacked parking had been considered however, it was cost prohibitive. Member Szott expressed concern with this proposal being exception to the policy. He asked that the focus remain on tree preservation and water quality issues and how this development impacts those items. Member Billy asked if the comments heard from Member Widem represent the concerns expressed at the sub- committee meeting. It appears, Billy continued, that staff and the sub-committee did try to work with the church to seek options and empathized with the church's needs and the dilemma the church was in with this site. Member Billy reiterated that the Commission would need to make a very subjective decision as to whether this site is appropriate for this development Member Widem reiterated the sub-committee's comments that the development is too intense a use for this site, the significant tree loss mitigation cannot be met on site, and the impervious surface far exceeds what is allowed. Mr. Hoizington commented that a lot of time was spent in talking with the DNR regarding the shoreline regulations and their agreement with flexibility if a good stormwater management plan is in place. The applicant will maintain the fringe of the shoreline, will leave vegetation and supplement overtime and will try to work to an area of compromise on some of these issues. In conclusion, Mr. Hoizington stated that the site will not maintain it's rural look as it is today unless the City acquires the properties. Member Vincent asked of this issue needed further review by the sub-committee. Member Billy commented that he understood the issues felt the options were very clear and did not see a need for further sub-committee review. Member Widem expressed his concern for setting a precedent for not abiding by the tree removal and impervious surface policies as they currently exist. After further discussion, Jonathan Widem moved, David Szott seconded a motion to recommend to the Advisory Planning Commission and the City Council thatthe Preliminary Planned Development/Conditional Use Permit for Easter Lutheran Church be denied. Those voting Aye included Michael Vincent, David Szott, Lee Markell, Ted Billy, Jonathan Widem and Sherie Wallace. Stephen Thompson and John Rudolph abstained. The motion passed. WALDEN HEIGHTS PARK UPDATE Director Vraa introduced this item explaining that the issue for the Commission to review is whether the City should proceed with planning the construction of the existing portion of Walden Heights Park. Advisory Parks, Recreation and Natural Resources Commission Minutes of November 14, 1994 Meeting Page 8 Landscape Architect/Parks Planner Lilly reviewed the site characteristics noting the existing portion of Walden Heights Park is approximately 4-1/2 acres and bordered on the north by Cliff Road. The park is linear with a heavy tree line along the west perimeter and to the east and south are residential homes. Planner Lilly continued that the high point of the parK on the north and west reaches an elevation of approximatley 960 feet and then slopes to a lower elevation of approximately 926 feet. Of the 4.5 acres available, only 1.5 acres are level enough for field games. Lilly also identified a ten foot wide trail access on the very southwest corner of the park. In order to develop the turf, 1,000 cu.yds. of topsoil would need to be placed on the site. At a neighborhood meeting held on October 25 it was suggested that the City pursue acquisition of a portion of the Brown property through purchase and/or condemnation, however, it was noted that the City typically acquires land through dedication rather than purchase. The concept of purchase/acquisition of a portion of the Brown property was to develop all of the park at one time rather than provide for partial park development. Another request was that the City mow more often and simply improve the existing turf. Yet another suggestion was that the City should not do anything until all the property is acquired to allow for full development of the park. This suggestion was shared by residents who felt that the City should leave the park alone until access issues and total design could be worked out. Director Vraa continued that this Park Service District extends to Johnny Cake Ridge Road to the west. It was thought that the Brown Property would have been developed allowing for a land dedication to supplement Walden Heights Park. With the size of the Park Service District, Vraa continued,there is the potential for providing additional park property west of the existing park tieing the parcels together via trail once the Brown property is developed. The consensus of the neighborhood, Vraa continued, was that they did not want to lose the trees on site. It was also noted that the neighborhood is frustrated with the length of time it has taken for this park to be developed. Trailway connection and playground installation without significant grading of turf improvement would probably cost somewhere in the range of $40-50,000. Grading to provide for open play and playground equipment would require inclusion of topsoil being imported to the site. Grading,seeding and topsoil will also run between $40-50,000. Director Vraa then reviewed the alternatives available for the Commission to consider. Brenda Brenberg explained that her main issue was safe access to a park without having to cross Cliff or Pilot Knob Roads. Member Vincent asked what type of park the residents envision. Ms. Brenberg responded that from her perspective, the need for an open green space was sufficient. Member Wallace commented that it appeared that property owners were most concerned about access to the park and some have commented that they would prefer to maintain the wild prairie like area. Member Widem asked if the Land Acquisition sub-committee had met regarding this issue and suggested they may want to look at it more thoroughly. Member MarkelI commented that there may be other parts of the Brown property more desirable for parkland rather than land directly west of the existing Walden Heights Park. Director Vraa added that staff will be looking at some pond improvement projects during the winter and there may be an opportunity to place topsoil on site similar to what was done at Holz Farm Park. If this could be accomplished, there would be substantial savings by not having to import topsoil onto the site. Member Billy commented that this issue has been discussed for some period of time and felt the Commission should look at alternatives available and make a recommendation. He supported the option of moving material from ponds to the site for turf establishment if it would be viable. Dennis Benkley, 1465 Thomas Lane commented that his home is on the north side of the site. He stated that some residents prefer leaving the site natural but thought a play area to the south would be acceptable. His concern was for park users cutting through private property to access the park. Member Rudolph opined that a compromise would be to provide an open green space and leave the balance natural. Member Vincent asked how long it would take to provide the open green space some residents are looking for. Director Vraa responded that if topsoil would be placed this winter, dried and graded in the spring, weed control would occur in June/July with seeding to occur in August, 1995. Access to the site, Vraa added, remains an issue. Advisory Parks, Recreation and Natural Resources Commission Minutes of November 14, 1994 Meeting Page 9 Member Widem moved, Michael Vincent seconded the motion to defer this item to the Land Acquisition Sub-committee. Member Billy responded that he didn't feel there was any other information to be obtained. In response to a question regarding topsoil, Director Vraa stated it is not certain the pond improvement projects will occur, however if they do not, topsoil would have to be imported onto the site. After further discussion, Member Widem withdrew his motion. Todd Johnson, 1479 Thomas Lane stated his property abuts the perimeter of the park. He stated he is comfortable with providing green space but asked if landscape screening can be provided for those residents directly abutting the park. Mr. Johnson also expressed his concern for potential drainage issues if topsoil is placed as well as park users walking through private property to access the park. Member Markell suggested that staff work with residents regarding screening and drainage issues. Member Thompson expressed his concern for the cost differential between using soils from pond excavation and purchasing new topsoil. Member Szott cautioned against promising to create a play field in this area since it may not be feasible. After further discussion, Ted Billy moved, Lee Markell seconded a motion to make minimal improvements to Walden Heights Park if and when it is feasible but recognize that whatever improvements may be made may have to be redone in the future and may not meet all the needs of the neighborhood. Those voting Aye included David Szott, Lee Markell, Ted Billy, John Rudolph and Sherie Wallace. Those voting Nay included Jonathan Widem, Stephen Thompson and Michael Vincent. The motion passed. 1995 PARK/TRAILS DEDICATION FEES Director Vraa introduced this item and brought the Commission's attention to the background information regarding parks/trails dedication fees from other communities as well as the history of fees from 1988. After a brief discussion, Jonathan Widem moved, Ted Billy seconded a motion to defer the parks/trails dedication fees to the Land Acquisition sub-committee for review and that the sub-committee bring their recommendations back to the Commission in December. Member Rudolph suggested that the Commission would need to be cognizant of establishing a time line when deferring items from the agenda. Member Vincent suggested that the sub-committee provide a written response to the Commission. Member Wallace felt that may not be timely since the sub-committees quite frequently meet prior to the regular meetings. 1995 PROPOSED FEES AND CHARGES Superintendent Peterson explained that the 1995 fees and charges had been discussed by the Recreation Sub-committee prior to the meeting and they felt they were ready to make a recommendation. The fees for both 1993 and 1994 were reviewed for the Commission's further discussion. Superintendent Peterson explained that staff is recommending that fees and charges remain at current levels for 1995, however, would like Commission input on the possibility of charging non-resident fees. Research of other communities revealed that Commissions were of the opinion that residents should receive a tax based benefit and that the nominally higher non-resident fees are justified. It was also clarified with the State of Minnesota that non-residents can be charged up to twice as much as residents for the use of facilities constructed with grant assistance. After further discussion, Ted Billy moved, Sherie Wallace seconded with all members voting in favor to accept the proposed 1995 fees and charges as presented and to recommend the adoption of non-resident fees as presented. Advisory Parks, Recreation and Natural Resources Commission Minutes of November 14, 1994 Meeting Page 10 TREE PRESERVATION POLICY ANALYSIS After a brief background on this issue by Director Vraa, Superintendent VonDeLinde added that this item is for information only and summarized the report included in the packet. Forestry Supervisor Hove reviewed in greater detai I some of the areas of concern in the existing Tree Preservation Policy. Some questions that have arisen are whether or not the existing policy is strict enough, are the Tree Replacement Schedule standards tough enough and to what degree is the actual enforcement of the Tree Preservation Policy practicable. Currently, the Supervisor of Forestry performs several on-site inspections as the development process progresses during the planning phase, pre-construction, construction and post-construction phases. It was suggested that perhaps stricter standards may be beneficial. Member Thompson asked if there was a way to mitigate last minute tree removal, prior to development, similar to the Lentsch's Deerwood Point issue. Superintendent VonDeLinde indicated there had been some discussion about doubling or tripling tree replacement mitigation in these instances. Member Markell asked if tree mitigation should be increased in general. Superintendent VonDeLinde responded that what has happened in some instances is that larger trees specifically identified to be saved, were removed during the grading process. He concurred that some form of mitigation needs to be taken or stronger enforcement of the policy. Member Wallace expressed her frustration with the lack of respect for this ordinance when tress are being removed after the fact. She felt that a larger escrow or increased financial penalty should be pursued. Member Widem expressed his agreement with increasing mitigation for tree removal after the initial grading and suggested double mitigation of the entire site. Superintendent VonDeLinde cautioned that the Commission would need to be cognizant of reasonableness in mitigation. Supervisor Hove added that the Commission should be as strict as possible but make sure the recommendation is enforceable. Member Vincent suggested there be separate consideration for instances where trees are removed accidentally. John Rudolph suggested providing wording to waive mitigation penalty in unusual circumstances. Member Widem suggested that the City has the ability to do that now and opined that the intent of tree removal is irrelevant. Member Vincent expressed his concern for defending the intent of the ordinance. Jonathan Widem moved, Lee Markell seconded a motion to amend the Tree Preservation Policy to allow for mitigation for removal of trees, above what is indicated in the tree preservation plan, to be 4 times what is typically required. Those voting Aye included David Szott, Lee Markell, Jonathan Widem, John Rudolph and Sherie Wallace. Those voting Nay included Ted Billy, Michael Vincent and Stephen Thompson. The motion passed. In response to Member Thompson's comment that the mitigation of 4 times seemed high, Member Rudolph suggested that this level of mitigation should be tried and if it proves to be too high, it can be reassessed. Director Vraa asked what feedback the Commission would give the Council regarding the Tree Preservation Policy in general. Member Markell asked that the Natural Resources Sub-committee respond to that question. WESCOTT SQUARE LAND AVAILABILITY Director Vraa introduced this item and asked the Commission to consider whether they had any interest in acquiring five lots east of Wescott Commons Park. Member Widem suggested that if there was no urgency to this issue, perhaps the Land Acquisition Sub-committee could look at potential acquisition options and bring their recommendation back to the Commission. Member Rudolph indicated that this particular acquisition did not appear to be a high priority at this time,in his opinion. Member Wallace opined that this would be a perfect place to have a park because of the high density of youth in the area and supported seeing more park space provided if possible. Member Vincent concurred with Wallace's opinion, however, Member Szott expressed his concern for the dollars that would be expended to purchase this property. Advisory Parks, Recreation and Natural Resources Commission Minutes of November 14, 1994 Meeting Page 11 Afterfurthercliscussion, Jonathan Widem moved, Stephen Thompson seconded with all members voting in favor to defer this item to the Land Acquisition Sub-committee for further review and recommendation. HOLZ FARM PROPERTY Director Vraa brought the Commission's attention to a memo written to the City Council relative to the City's acquisition of the Holz Farm property. After a brief video presentation of the Holz Farm property by Mr. Markell, he opined that this was a once in a lifetime opportunity to preserve a parcel of land like this for the future and suggested that the City move ahead with acquisition. Member Szott recalled that this parcel of land has been a high priority ever since it came to the Commission's attention and supported moving forward with purchase. Member Thompson supported moving ahead with the acquisition but wanted to procure the property as reasonably as possible. Member Billy opined that although he supported the acquisition, he did not think the City should pay $400,000 for the property. After further discussion, John Rudolph moved, Jonathan seconded with all members voting in favor to recommend to the City Council that the City acquire the Holz Farm property at as reasonable a price as possible. ROUND TABLE Director Vraa noted that the January 16, 1995 meeting was Martin Luther King Day and would need to be rescheduled. It was decided that the January Commission meeting would be held on Thursday, January 12. Director Vraa reminded Commission Member's whose terms expire that they need to re-apply to the City Council for re-appointment. The CIP was distributed to the Commission for their review prior to a meeting to discuss it. Director Vraa noted that the Park System Plan could act as a guide in looking at this document. A meeting date of November 28, 1994 at 6:00 PM was scheduled to review the CIP. As a final note, Director Vraa added that Parks Superintendent VonDeLinde will be leaving the City of Eagan to become the Anoka County Parks Director effective January, 1995. ADJOURNMENT With no further business to conduct, Lee Markell moved, Ted Billy seconded with all members voting in favor to adjourn. The meeting was adjourned at 11:45 pm. cretary Date (517