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09/15/1997 - Advisory Parks & Recreation CommissionMINUTES OF REGULAR MEETING OF ADVISORY PARKS COMMISSION EAGAN, MINNESOTA SEPTEMBER 15,1997 A regulaz meeting of the Advisory Parks Commission was called to order at 7:00 p.m. on September 15, 1997 with the following Commission Members present: Terry Davis, Jerry Fazlee, N. Mark Filipi, Bazbaza Johnson, Steven Knutson, George Kubik, Daryle Petersen, John Rudolph and Michael Vincent. Commission Member Lee Marken was not present. Staff present included: Ken Vraa, Director of Parks and Recreation; Dorothy Peterson, Recreation Superintendent; Paul Olson, Parks Superintendent; Paula Nowariak, Recreation Supervisor; Jon Oyanagi, Recreation Supervisor and Cheryl Stevenson, Clerical Technician. AGENDA Director Vraa added 3) Set Sub-committee Meeting date under Other Business and Reports. Director Vraa also pointed out that there were no minutes for the August 18 Commission meeting but will be available next meeting. Michael Vincent moved, Barbara Johnson seconded with all members voting in favor to accept the agenda as presented. VISITORS TO BE HEARD There were no visitors that wished to be heazd under this agenda item. DEPARTMENT HAPPENINGS Items highlighted by Director Vraa included the beginning of Eagan Athletic Association's fall sports, the hockey association's registration started on Saturday, Dakota Hills Middle School's physical education department is utilizing Northview facilities for their soccer and tennis programs, NYSCA coaches certification clinics will be offered by EAA basketball and wrestling the week of October 6, sand volleyball leagues have completed their season, interviews with 4 firms for a construction manager for the second ice sheet has been scheduled, fall fertilization will begin by the end of the month, soccer and football fields have been lined for fall use, a draft of Phase I Environmental Review for Captain Dodd has been completed, a contractor has been hired to colorcoat tennis and play courts, and the park maintenance vacancy has been filled. Chairman Rudolph asked that modulaz tennis surface be explained. Superintendent Olson responded that he didn't have a sample with him but that it's very similaz to the plastic the seen in a locker room or shower floor. The tiles are approximately 12" x 12", come in different sizes and they snap together. The concept is that it can be placed over an existing court without tearing up the sub-base and it allows the moisture to go down and through it. Bids received were more expensive than the City was lead to believe and wont' be pursued at this time. Member Davis asked if there was going to be a workshop this month or eazly October regazding the Municipal -Campus Site. Director Vraa responded that a meeting has not been set and that Mr. Ingreham has submitted a review of the materials that was given to the Council. City Administrator Hedges has identified the 30s' of this month as that possibility, and this item will probably go to a workshop in early October. Member Davis would like to be made awaze of this meeting date. ADVISORY PARKS COMMISSION MINUTES OF SEPTEMBER 15, 1997 MEETING PAGE 2 CONSENT AGENDA There were no consent agenda items for the Commission to review. Vice Chair Rudolph asked that New Business precede Old Business because the Craigs were present to discuss the Wandering Walk Pazk encroachment issue. There were no objections. NEW BUSINESS PARKLAND ENCROACIIMENT Director Vraa explained that eazlier this. yeaz staff received a call from a resident neaz Bridle Ridge Park relative to encroachment on parkland from a number of sources. The City had a survey taken to identify park property boundaries, and indeed found some homeowners who were encroaching on parkland. Upon discovery, letters were sent out to those individuals and they were asked to remove any encroachment. In the Craigs situation, they had relied on a survey they received when they purchased their home from the builder, and subsequently constructed a retaining wall and placed some playground equipment in that azea. In doing so they encroached some 20 feet into the pazk azea. The City sent a letter defming the encroachment and that there was a risk to the City in allowing this playground equipment to remain. The Craigs have retained an attorney to review this issue, not only for the error that was made by the builder but to also try to fmd a resolution with the City. August 5 and 291etters from the Craigs attorney were referenced. One letter requests that the Craigs be granted an easement to allow the playground equipment to remain in place or some type of permission to do so. Another option requested an exchange of the property through some type of a swap relying on the builder or developer to exchange property with the City at some other location. Both letters were forwazded to City Attorney Sheldon for his response to the land swap. Mr. Sheldon responded by saying that a land exchange is no different than a land sale. The City is not able to do a land sale because the property is dedicated pazkland. Acting Chair Rudolph asked if the City is absolutely sure that the surveys are accurate. Director Vraa responded that they aze accurate within 6 to 8 inches. Acting Chair Rudolph opened the issue for discussion. Dawn and David Craig, 3801 Chatham Road, introduced themselves. Member Vincent asked the Craigs if they had any paperwork or evidence from the time they purchased their home to support the fact that they owned property that far back? Dawn Craig responded that they saw a plat drawing showing the boundaries of the actual lot with the house placed on the lot. At a later meeting with the Rottland sales representative they made them aware of the easements on the lot. At that meeting they were told that the front boundary of the property was the curb on Chatham and the side boundary was the sidewalk, or close to it. There was snow on the ground when the house was being built. When given the dimensions of the lot they again asked if it started at the sidewalk and the curve in front. They specifically requested that the back of the lot be staked. They again asked the sales representative if the lot went all the way back and were told yes. When they signed the purchase agreement they again asked to see the plat maps and asked how faz back the lot went. They were told the lot was staked and it matched up with the neighbor's yazd. There was no reason at that point to doubt the information. The retaining wall and playground was built in 1994. When the City came out in May to survey the parkland there was no reason to believe that the playground equipment was on parkland. Member Vincent commented that at a closing for property detailed information regazding the size of the lot and easements aze usually provided. Dawn Craig responded that she does know the lot size but because it was winter when the house was built they didn't go out and measure. Member Vincent asked if the stakes match the plot size? The Craigs responded that they didn't go out and measure. ADVISORY PARKS COMMISSION MINUTES OF SEPTEMBER 15, 1997 MEETING PAGE 3 Member Davis asked if there was an easement of 15-20 feet coming back from the curb? Dawn Craig responded that in August they found out that their lot does not go up to the curb, it's 10 feet short and then there's an easement of 10 feet; same as the sidewalk. Member Davis asked if they were about 20 feet past where the property line is? Dawn responded that on one side they were and the other side they were shorter. Member Petersen asked if the builder has responded to the Craigs letter. Ruth Mazcott, attorney for the Craigs responded that she's been in contact with Rottlund Homes and has had several discussions. Rotttlund's position is that this was a long time ago and they don't want to deal with it. Attorney Mazcott went on to explain that at this time Rottland Homes wasn't willing to do anything. Dawn Craig noted that the structure has been there 3 years, and neither the City nor the Craigs were awaze of the encroachment during that time. Dawn continued to explain the long and hard work it took them to build this playground because they couldn't afford to have someone build it for them. Member Vincent asked how long it would take to move the play equipment? Dawn Craig responded a whole summer. David Craig commented that all they were asking for is some time for their kids to enjoy it and then they would remove it; hoping for some resolution with the builder in that amount of time. Attorney Mazcott responded that it would probably take a yeaz to get a trial and a resolution. If there were any appeals then it could go another 9 months. Member Petersen asked if they had gotten a quote on how much it would cost to have it professionally removed and reinstalled? Mr. Craig responded that the materials only would be approximately $2,000, but to be done professionally it would cost more like $5,000, although this is not a quote. Member Davis asked what option is available to the Commission in terms of what can and cannot be done. According to the information from Attorney Sheldon the sale/transfer option is not something that can happen. Director Vraa responded that Attorney Sheldon's opinion is based on his research of the statutes. Member Davis commented that the Craigs second request is for an easement. Is there a legal opportunity to grant an easement since we don't own the property? Director Vraa responded that the City does have the authority to issue an easement. Attorney Sheldon suggested it be a license instead of an easement. The license would also include indemnification of the City; the Craigs would have to carry insurance showing that they would be responsible for any liability. Member Davis asked if there was an ordinance to issue a license for this type of situation. Director Vraa responded that there wasn't but it would fall under general government powers. Member Davis asked if the City had ever granted, or is there a City policy for granting such a license? Director Vraa responded that there has been one other issue that might be remotely similar to this. In that situation the en or was discovered eazly and the builder and surveyor tried to work out a land swap or purchase the property. That was not permitted for two reasons; one was the issue of precedence, but more importantly their encroachment into the park seriously affected the development of the trailway. The homeowner and the builder resolved the issue. Secondly, most of the encroachments have been simply wood piles and gardens. Upon discovery, those items have been removed over a period of time. Member Johnson asked what amount of insurance would have to be carried if an easement or license were granted. Director Vraa responded that question would be referred to the City's Finance Director. Member Vincent asked the Craigs how they felt about carrying additional insurance? Mr. Craig responded that they figured that would be the case. Member Vincent asked the Craigs what would be the minimum time needed to remove the play structure. Mr. Craig responded that they hoped the Commission would consider giving them 3 years. Member Petersen responded that maybe the City should give them enough time to work out the differences with the builder and to reach a settlement so that someone could help the Craigs move the play equipment/sandbox. Mr. Craig responded that the agreement they hoped to have with the builder was to move the equipment. Member Kubik commented that it wasn't the Commission's task to wont' about the settlement but to decide what policies and/or precedent the City has in place, then make a decision based on those elements. ADVISORY PARKS COMMISSION MINUTES OF SEPTEMBER 15, 1997 MEETING PAGE 4 Member Kubik moved, Member Davis seconded a motion to recommend removal within 90 days. Discussion of the motion followed. It was suggested that the swing set be moved first because of the liability hazards and allow enough time to remove the rest. Member Rudolph responded that the City's original request allowed 30 day removal of the play structure and wall. He asked if the motion would maintain that 30 days but allow 90 days for the rest of the azea? Member Davis responded he was in favor of playground equipment being removed in 30 days, but the retaining wall not until mid-summer of next yeaz. Member Petersen commented that if the City could still ask the Craigs for a license to carry indemnification and give them a yeaz in which to resolve this privately. Member Davis offered an amendment to the motion to have the play equipment removed within 30 days but allow up to July 1, 1998 to complete the removal of the rest of the retaining wall and sand azea. It was noted that the Craigs should provide liability insurance on the property and name the City as an additional insured on their homeowner's personal liability coverage for limited liability for not less than $500,000. Member Kubik withdrew the original motion and moved to deny the request as submitted and to seek removal of the playground equipment within 30 days and grant a license for a period not to exceed July 1, 1998, subject to licensing provision that would cover liability as determined by the City. Member Davis seconded the motion. Member Kubik noted that this action does not set a precedent for any policy currently in place or establish future policy. Members voting aye included: Kubic, Davis, Farlee, Filipi, Johnson, Knutson, Rudolph and Vincent. Member Petersen voted nay. The motion was approved. Member Kubic requested that the records indicate the reason for this decision was due to fmancial hardship. OLD BUSINESS RAHN TENNIS COURTS Director Vraa gave a brief presentation on the condition and alternatives for the north Rahn tennis courts. The Acquisition Development Sub-committee reviewed this item as part of their CIP process. The sub-committee asked that the Commission consider some other alternatives as long as the investment to repair/replace was such a substantial amount. The sub-committee asked if there were other alternatives to spending $35 - $40,000 that might be looked at. Member Rudolph asked Superintendent Peterson what the impact would be if the two north courts were lost. Superintendent Peterson responded that if the high school and middle school have lazge numbers signed up for their extra curriculaz activities Rahn Pazk is the next location for practices to be moved. Its attraction is that there aze four courts aze there. There are groups that reserve the courts for small tournaments, primarily because there aze four courts, and they are lighted. Recreation program lessons at Rahn Pazk are offered twice a summer so two courts would work. For the community as a whole, experience has been that four lighted courts have been an opportunity amenity. Member Rudolph asked if it's fair to say that the impact would be serious. Superintendent Peterson responded yes. Member Vincent asked if the four courts would need to be together. Superintendent Peterson responded that four courts at any site would work as long as they're lighted. Member Davis made the motion to recommend Alternative # 1 to reconstruct the north courts and colorcoat the south courts in accordance with the Braun plan, Michael Vincent seconded with all members voting in favor. ADVISORY PARKS COMMISSION MINUTES OF SEPTEMBER 15, 1997 MEETING PAGE 5 CIP EXPENDITURES FOR 1998 Director Vraa briefly discussed the recommended expenditures for the 1998 CIP from the Acquisition and Development Sub-Committee. Member Johnson added that the plan is to order the playground equipment and have City staff install it. Member Vincent moved to approve the C.I.P. as presented and go forward with the process as soon as possible. Barbara Johnson seconded the motion. Member Davis asked if the motion covered all four items; Member Vincent responded yes. Member Davis suggested an amendment to authorize a budget amount of $350,000, plus a 15% cap on Item #3 -Lexington-Diffley Restroom Buildings. Member Vincent accepted the amendment. All members voted in favor of the motion. PARKS DEVELOPMENT UPDATE Director Vraa gave a brief update on the parking lot expansion, the replacement of the Thomas Lake Park sign, and landscape materials at Lexington-Diffley. Chairman Rudolph commented on how nice the new sign looks. WATER RESOURCES UPDATE There were not items under Water Resources update for the Commission to discuss. OTHER BUSINESS AND REPORTS SUMMER PROGRAM REPORTS Recreation Supervisor Nowariak provided the Commission with highlights of the many programs she supervises during the summer months including the Summer in the Park, Wagonful O'Fun programs, field trips offered and finished up with a list of the many camps offered. Chairman Rudolph asked how the new discipline policy is working. Supervisor Nowariak responded that since the policy has been instituted there's been only a handful of problem. Having the form signed by the child and parent has worked great. Recreation Supervisor Jon Oyanagi followed with his overview of the many programs he supervises during the summer including nature camps, activities for youths with disabilities, the adult softball programs and ended with a brief update of some of the activities offered at Holz Farm. The final report was presented by Superintendent Peterson describing the programs and activities that Recreation Supervisor Loudi Rivamonte has been supervising at Wescott Commons over the summer included the junior summer fun program, mentorship program, and youth outdoor basketball. Member Davis asked how much of Loudi's time is spent seeking grants. Dorothy responded 3-4%. SUBCOMMITTEE UPDATES Chairman Rudolph asked Director Vraa about setting a date for the Recreation Subcommittee. The meeting was set for September 29 at 5:00 p.m. ADVISORY PARKS COMMISSION MINUTES OF SEPTEMBER 15, 1997 MEETING PAGE 6 ROUND TABLE Michael Vincent asked Commission Members if they had seen the Eagan Business News. He suggested that the Advisory Pazks Commission consider getting involved with some type of communication by putting information in a newsletter to keep the community updated on activities the Commission is involved in. Member Davis opened that thee may be a way of attaching information to an existing newsletter for that information. Director Vraa clarified some questions that Member Petersen had about the recent changes in the County Pazks ordinance. With no further business to conduct Michael Vincent moved, George Kubik seconded with all members voting in favor to adjourn. The meeting was adjourned at 9:16 p.m. Secre / / Date