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01/16/1996 - Advisory Parks & Recreation CommissionMINUTES OF REGULAR MEETING OF ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION EAGAN, MINNESOTA JANUARY 16, 1996 A regular meeting of the Advisory Parks, Recreation and Natural Resources Commission was called to order at 7:00 pm on January 16, 1996 with the following Commission Members present: Ken Tyler, )onathan, Widem, David Szott, Stephen Thompson, )ohn Rudolph, Lee Markell, Cindy Lynch, Michael Vincent and George Kubik. Staff present included Ken Vraa, Director of Parks and Recreation; Dorothy Peterson, Superintendent of Recreation; Paul Olson, Parks Superintendent; Rich Brasch, Water Resources coordinator; Gregg Hove, Forestry Supervisor; Mike Ridley, Senior Planner and Cherryl Mesko, Secretary. George Kubik moved, Michael Vincent seconded with all members voting in favor to accept the agenda as presented. Member Vincent noted the omission of his name from members present at the December meeting and Member Rudolph noted the incorrect spelling of Cindy Lynch's name. With those changes noted, Michael Vincent moved, John Rudolph seconded with all members voting in favor to accept the minutes of the regular meeting of December 18, 1995 as amended. ~nl %~J~~/fnlii There was no one present who wished to address the Commission under this agenda item. Department Happenings highlighted by Superintendent Peterson included grant application submittal to Tri-Max Foundation for Wescott Service Center, plans to resubmit North Park under the Outdoor Recreation Grants Program,. establishment of a committee to review ISD 196 facility usage and fees, compilation of projects that may qualify for Community Development Block Grand funding, successful incorporation of Visa/MasterCard for payment of recreation programs and the beginning of winter volleyball leagues. Superintendent Olson welcomed Greg Schindler as the new full-time Park Maintenance employee, highlighted the implementation of a new seven day-a-week ice rink maintenance program, compilation of information on pathway plowing programs in other cities for possible implementation in Eagan, opening of skating rinks on schedule with some of the best early season ice seen in years, cooperative efforts with Dakota County to groom Trapp Farm tubing hill, and discussion on the closure of the fill area at North Park. It was noted that the annual ice fishing event will be held on February 10. Michael Vincent moved, .)onathan Widem seconded with all members voting in favor to make the following recommendations to the. City Council: 1. Rahn Ridge 2nd Addition -Hedlund Engineering. This development would be subject to a cash parks, cash trails and cash water quality dedication. There are no jurisdictional wetlands within the development and there are no Tree Preservation issues with this development, however the developer should monitor spruce trees for possible sawfly damage, or substitute spruce trees for non-susceptible conifer species. Advisory Parks, Recreation and Natural Resources Commission Minutes of January 16, 1996 Meeting Page 2 2. Town Centre 70 Eighteenth Addition -Dairy Queen This development would be subject to a cash parks dedication and a cash trails dedication. There are no Tree Preservation issues with this development, however the developer should monitor spruce trees for possible sawfly damage, or substitute spruce trees for non-susceptible conifer species. No further stormwater quality mitigation requirements apply to this site since thy have been met with the modification/enlargement of Pond 1P-66. No filling or draining of the wetland associated with Pond 1P-66 shall be allowed. 3. Letter to be signed by Chairman Markell. The chairman of the Advisory Parks, Recreation and Natural Resources Commission should sign a letter addressed to the Eagan Wildcat Football Booster Club, on behalf of the Commission, to provide that fertilizer with a phosphorous level not to exceed 3% be the only fertilizer sold by the Booster Club. LISPS IASC -POSTAL FACILITY/PRELIMINARY SUBDIVISION After a brief introduction by Director Vraa, Senior Planner Ridley explained that LISPS is requesting approval of a Preliminary Planned Development and Preliminary Subdivision to allow a 350,000 sq. ft. information/accounting services center. This site is located east of Highway 149, between Northwest Parkway and Lone Oak Parkway in the Waters business park. Ridley continued that this proposal appears consistent with the existing PD zoning and the CPD Comprehensive Guide Plan Designation. This site will be used for internal operations only and the general public will not be visiting this site. Coordinator Brasch explained that the development will generate storm water runoff that will discharge to Pond FP-7, a designated nutrient trap. Brash continued that the developer contends that all storm water management obligations, .including those for water quality treatment, have been met through the granting of drainage and utility easements on wetlands within the planned development but outside this particular subdivision. Although this has satisfied some flood management concerns, Brasch continued, they have not satisfied water quality concerns. Since this facility is an arm of the Federal government, cash dedication is not an option, therefore, staff is recommending that on-site ponding be used to meet water quality mitigation standards. A legal opinion has been requested regarding whether water quality obligations for this parcel and the rest of the undeveloped land, have been met. Brasch concluded that the legal opinion was just received and it stated that the water quality obligations for this site had not been met. After a brief discussion, Michael Vincent moved, Jonathan Widem seconded with all members voting in favor to make the following recommendations to the City Council relative to LISPS IASC: 1. The Tree Preservation Plan for this proposal should be approved as presented with the following conditions: a. Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. b. The developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Advisory Parks, Recreation and Natural Resources Commission Minutes of January 16, 1996 Meeting Page 3 2. This development would be subject to on-site ponding that conforms to the City's Detention Basin Design Standards to meet water quality mitigation requirements. this recommendation should stand unless a legal opinion to the contrary is made by the City Attorney. 3. This development would not be subject to a cash parks dedication or a cash trails dedication. KINGSWOOD PONDS - HORNE DEVELOPMENT After a brief introduction by Director Vraa, Senior Planner Ridley provided background for this development. He noted that Horne Development is requesting approval of a rezoning of 2.5 acres from Agricultural to R-1, Single Family and a Preliminary Subdivision consisting of 49 lots on 30 acres located between 135E and Pilot Knob Road; north of Kingswood Road. Planner Ridley continued that the subdivision is consistent with the existing R-1 zoning on the majority of the site and the D-11, Mixed Residential 0-6 u/acre density. Access to the site will be provided by a westerly extension of Wescott Road from Pilot Knob Road. Ridley added that the signalization at the intersection of Wescott and Pilot Knob Road would be upgraded and the impact of the entrance road to this development will result in the reduction of parking at the Fire Administration building. Forestry Supervisor Hove explained that this development was granted exemption from compliance of the Tree Preservation Policy by the City Council on May 2, 1995. As background, Hove stated that the site contains approximately 14.16 acres of significant trees/woodland that were planted by the applicant several years ago. The remainder of the site is open grassland/shrubs, water and wetland areas. Hove concluded that if the Tree Preservation Policy were .being applied to this development, allowable removal would be 40%. Although this development was granted exemption from compliance of the Tree Preservation Policy, staff felt that tree protective measures should be incorporated within the plan. Member Vincent asked why this development had been. had been exempted. Hove responded that in it's review, the Council felt that the majority of the trees that were being removed were originally purchased and planted by the property owner and felt it would create an undue burden for the developer to have to mitigate for their removal. Coordinator Brasch provided a brief review of the development noting that it lies between Fish Lake and Blackhawk lake and will generate storm water runoff that will be discharged to Pond )-5, a designated nutrient trap. Pond )-5 discharges to Blackhawk Lake which would be adversely impacted without mitigation within the development. Rollie Crawford, representing Horne Development, explained that the topography of this site has posed a challenge for the site's development. This addition is the last phase of the Kingswood subdivision and the developer has been working on this phase for 3 years. The early preliminary plat was much as it currently appears, however, access to the site was moved south to line up with Wescott and additional land is being acquired by the developer to the north to maximize the buildability of the site. Mr. Crawford again explained why the City Council had exempted the Tree Preservation Policy for this site. He stated that this process has been a long and arduous one and feels that the trade offs provided are in the best interest of the City. Advisory Parks, Recreation and Natural Resources Commission Minutes of January 16, 1996 Meeting Page 4 Coordinator Brash explained that there are two wetlands on site; one is a 4.26 acre Type 4 deep marsh associated with Pond J-5 and the other is a .35 acre Type~3 shallow-marsh located in the northeast corner of the site. The developer initially proposed to fill .16 acres of the .35 acre Type 3 wetland and provide replacement wetland adjacent to Pond )-5. A Technical Evaluation Panel meeting was called to determine if the filling of the wetland was avoidable. The TEP concluded that the impacts to the wetland associated with placement of housing pads are avoidable and Lot 9 on the grading plan dated 11/27/96 should be dropped. The also stated the filling associated with the use of Lot 8 for a building site should be reduced to the de minimum provision allowed under the WCA. The Natural Resources Sub-committee concurred with the TEP during their review of this issue on January 10. Coordinator Brasch re-addressed the water quality issues noting that one of the major issues for the Commission to consider is mitigation for the impact to Blackhawk Lake since it condition will degrade if nothing is done. Brasch reviewed the models done for this development and stated that if nothing is done after development,the phosphorous level in Blackhawk Lake will increase 3.4%. By increasing )P-5 by 5.6 acre feet, Blackhawk Lake would remain at a status quo. By by-passing )P-5 from Fish Lake to Blackhawk Lake, the water quality in Blackhawk Lake will improve tremendously. The most benefit to Blackhawk would be from the combination of by-passing )P-5 completely and increasing )P-5 by 5.6 acre feet. Brash concluded that with the restoration work being done at Fish Lake that will additionally increase the water quality outflow to Blackhawk Lake if it can by-pass JP-5. Member Kubik asked how much area can be expected to be added to the run-off to Blackhawk Lake. Brasch responded that future development has been taken into consideration with the model but it is expected that there will be approximately 15-20% more development in the watershed area. In response to the question of cost vs improvements, Brasch reviewed each scenario, showing post development with no bypass, and no expansion in pond volume to post development with 100% bypass and 5.6 acre feet expanded pond volume clearly identifying the benefit to Blackhawk Lake with the latter alternative. Mr. Crawford stated that he had heard this presentation previously. He stated that the Horns want to preserve water quality within the City of Eagan but are more concerned about preserving the quality of Kingswood Pond (a.k.a. Pond 1P-5) The developer feels that it is in their best interest and that of the people who will be living near this pond that it's quality be maintained at a high quality level as well. The developer would like to see the expansion of Kingswood Pond by 5.6 acre feet and if there is a need for improved quality a by-pass can be considered in the future. Crawford opined that the degradation of JP-5 would be significant if a by-pass was installed now. The issue, Mr Crawford continued, is the lowering of the value of properties in this development by the degradation of Pond JP-5 if a by-pass is installed. The developer wishes to increase Pond jP-5 by 5.6 acre feet by raising the pond level by 1 foot and excavating the balance. They expect that they will lose approximately 8 trees in the process. Member Widem expressed his appreciation for the passionate defense of the developer, however he stated that it was the Commission's charge to look at the benefit of water quality for the entire City not only 50 residents that will be served by Pond )P-5. With Blackhawk Lake being identified as a very high priority within the City's Water Quality Management Plan, Widem stated that it is in the City's best interest to maintain the integrity of both Blackhawk Lake and Fish Lake. Widem concluded that the option of doing a by-pass later in the. future is not a viable one. Mr. Crawford stated that he has been involved in city policy for over 30 years and suggested that the City should be looking at a win/win option rather than awin/lose as the Commission is proposing. In looking at what Mr. Crawford described as a win./lose option, he opined that this would result in a payment by the. City for loss to the developer. Advisory Parks, Recreation and Natural Resources Commission Minutes of January 16, 1996 Meeting Page 5 After significant discussion, Jonathan Widem moved, George Kubik seconded with all members voting in favor to make the following recommendations to the City Council relative to Kingswood Ponds. 1. This development shall be subject to a cash parks dedication on that portion of the property not having previously fulfilled parks dedication. 2. This development shat! be subject to a cash trails dedication on that portion of the property not having previously fulfilled trails dedication. 3. This development was granted exemption from compliance of the Tree Preservation Policy by Eagan City Council on May 2, 1995. 4. The developer shall install Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 5. impacts to the wetland associated with placement of house pads are avoidable and Lot 9 on the grading plan certified by Bob Wiegert on November 27, 1995 should be dropped from the site plan. 6. Filling of wetlands associated with use of Lot 8 for a building site should be limited to the deminimis provision allowed for under the Wetland Conservation Act (currently 400 sq. ft. per year up to a total of 763 sq. ft.). 7. The building and grading plan shall be reviewed by the City for this individual lot prior to issuance of the building permit in order to assure compliance with the de minimis provision in effect at the time of building permit application. This requirement shall be noted on the plat map for the subdivision. 8. The developer shall be required to increase the wet pond volume of Pond )P-5 by 5.6 acre-feet. A portion of the wet pond volume increase can be met by raising the normal water level of Pond )P-5 by a maximum of 1 foot, if approval to do so is received from the Ciry and MnDOT. The balance of the wet pond volume increase (a minimum of 2.6 acre-feet) must be accomplished by excavation according to a plan approved by the City's Water Resources Coordinator. The developer shall pay for all costs associated with increasing the wet pond volume of Pond )P-5. The City shall proceed with and assume the cost for a by-pass of all Fish lake outflows around/through )P-5 directly to Blackhawk Lake. This option achieves the greatest benefit to Blackhawk Lake PARK NAMING Lexington Diffley Athletic Site/Red Pine Superintendent Peterson explained that the Ad-hoc committee on park naming had met with staff to brainstorm names for Lexington Diffley and the park adjacent to Red Pine Elementary School. Their discussion resulted in the suggestion of Lexington Diffley Athletic Fields or Lexington Diffley Athletic Park and Hidden Corner Park, Hidden Pointe Park or Red Pine Park. Advisory Parks, Recreation and Natural Resources Commission Minutes of January 16, 1996 Meeting Page 6 Member Rudolph stated that the committee had tried to find a historic reference for the Lexington Diffley site, but felt that since it has been known by that name and also denotes the location of the park, they felt the name should remain as is. Member Vincent added that in a conversation with Councilmember Wachter, he had made reference to the field being used for a bi-plane landing, however was unaware of any other historic reference for that site. Member Thompson suggested that further research be done to see if there may be more information relevant to bi-plane landings at this site and offered to look into it further. Thompson offered to provide other name offerings for the Lexington Diffley site at the February meeting. After a brief discussion, Stephen Thompson moved,. John Rudolph seconded with all members voting in favor to recommend the name of Hidden Corner Park for the park identified adjacent next to Red Pine Elementary School. The naming of the park located at Lexington/Diffley will be deferred to the February meeting. TREE PRESERVATION ORDINANCE Forestry Supervisory Hove updated the Commission on the status of the Tree Preservation Ordinance noting that it has had substantial review at the sub-committee level. The document will be reviewed by the Economic Development Commission on January 25 and will then be brought back to the Advisory Commission at their February 20 meeting to approval and/or comments. ACQUISITION OF MCLEAN PROPERTY Director Vraa explained that Robert McLean of 871 Wescott Road has approached the City to donate the back portion of his lot for incorporation into Mueller Farm Park/Woodlands Elementary School. The parcel, Vraa continued, is approximately 1.9 acres in size, dominated by JP-31 which is classified as a Class 4 water body for wildlife habitat. Mr. McLean had originally requested that he retain an easement on a portion of the property on which a shed rests. It was noted that the survey results indicate that the shed is not on the property to be donated, therefore, an easement is not required. Director Vraa stated staff is looking for direction from the Commission as to whether they are interested in acquiring this parcel through donation. Stephen Thompson moved, George Kubik seconded with all members voting in favor to recommend to the City Council that the City accept the 1.9 acre parcel proposed for donation by Robert McLean. Member Markell suggested that the McLeans be invited to a future Commission meeting so that they can be publicly thanked for their generosity. Coordinator Brasch explained that the Hay Lake by-pass has been completed and wetland restoration will be the next phase of the Schwanz Lake project. Everything is on schedule to date. Relative to the Wetlands Buffer Ordinance, Brasch explained that there continues to be review by the Natural Resources Sub-committee. Drafts have been distributed to Department Heads and the City Attorney for their review and comments as well. It is expected that this issue will be back before the Advisory Commission in February. Advisory Parks, Recreation and Natural Resources Commission Minutes of January 16, 1996 Meeting Page 7 There were no issues under this agenda item for discussion. Chairman Markell thanked Jonathan Widem and Cindy Lynch for their participation and involvement with the Advisory Commission. John Rudolph asked if Commission Members were agreeable to acting as mentors for the four new Commission Members that will be appointed. Lee Markell, John Rudolph, Stephen Thompson and David Stott volunteered to work one-on-one with the new members. With no further business to conduct, Michael Vincent moved, John Rudolph seconded with all members voting to adjourn. The meeting was adjourned at 9:35 pm. Secrets Date