Loading...
06/20/2005 - Advisory Parks & Recreation CommissionApproved as amended July 18, 2005 ADVISORY PARKS COMMISSION EAGAN, MINNESOTA MINUTES OF REGULAR MEETING OF JUNE 20, 2005 A regular meeting of the Advisory Parks Commission was called to order at 7:00 p.m. on June 20, 2005 with the following Commission Members present: Joe Bari, Margo Danner, Terry Davis, Mark Filipi, Duane Hansen, Muhammad Lodhi, Ryan Zipf, Dorothy Peterson and Richard Pletcher. Member Belfiori was not present. Staff included Paul Olson, Superintendent of Parks; Eric Macbeth, Water Resources; Gregg Hove, Forestry Supervisor; Cherryl Mesko, Administrative Coordinator and Lori Kimball, Recording Secretary. APPROVAL OF AGENDA Changes to the agenda included removal of Volunteer Recognition of Friends of the Farm Volunteer and moving it to the July 18 APrC meeting. Added to the agenda, under New Business, was a request that the City reconsider a conservation easement located on the property of Dan Markes of 4802 Red Pine Court. Member Filipi moved, Member Bari seconded; with all present members voting in favor to approve the agenda as amended. APPROVAL OF MINUTES OF MAY 16,2005 Member Filipi moved and Member Danner seconded with all present members voting in favor to approve the minutes of May 16, 2005 as presented. VISITORS TO BE HEARD There were no visitors to be heard. SUPERINTENDENT'S UPDATE AND DEPARTMENT HAPPENINGS Superintendent of Parks, Paul Olson, provided an update and overview of items in the parks, recreation and facilities divisions. CONSENT AGENDA There were no items to review under Consent Agenda DEVELOPMENT PROPOSALS CEDARSTONE OF WESCOTT Superintendent Olson provided background information, stating that the applicant is requesting approval of a Rezoning of five acres from Agriculture to Planned Development; a Preliminary Planned Development to create 3 twin homes (six units) and two single family homes and a Preliminary Subdivision to create 9 lots on property located at 1055 Wescott Road. Access to the lots will be from a frontage road along Wescott Road and the two single family lots will be accessed by a shared driveway off the frontage road. There is a large pond in the middle of the site. A similar application for 14 twin homes (8 lots) with private streets and no tree mitigation was before the APrC on September 20, 2004. The APrC did recommend approval of that plan. Advisory Parks Commission Minutes of Regular Meeting of June 20, 2005 Page 2 The applicant is proposing to deviate from the R-2 standards and allow reduced side and rear yard setbacks and lot sizes. The Planned Development zoning district allows the developer to have greater flexibility in the design of the development; the City to require higher standards in exchange for that flexibility. Forestry Supervisor Hove presented new information, replacing the original plan that included tree mitigation. Hove said the number of trees to be removed is equal to the number allowed by the City, so no tree mitigation is required. Discussion revolved around the quality of the trees on site. Hove clarified tree information for commission members as they questioned the quality of trees the developer plans to transplant. A tree inventory submitted with this application indicates that there are two-hundred forty-one (241) significant trees in the inventory. The plan proposes the removal of one-hundred seven (107) significant trees (44.4 % of the total) and the applicant proposes to transplant 6 existing significant trees on the site. The applicant intends to preserve forty-five (45) trees adjacent to areas to be graded. Staff recommended a long-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Macbeth said this proposed development is located just east of Fish Lake. A majority of the storm water runoff will drain directly to the central wetland on the site. With this plan there will be a higher increase in runoff volume to this wetland, compared to current conditions. In this same area, the wetland buffer is proposed to be only about 15 feet versus 30 feet, as typically required. This wetland will become the front yards to 8 new Eagan households. Macbeth predicted the quality of this wetland will degrade despite treatment ponding of the storm water. Macbeth explained that runoff from the other lots will drain offsite; any remaining amount of untreated water draining offsite is subject to a cash dedication in lieu of ponding. Macbeth told the commission that a professional wetland scientist reviewed the delineation report prepared August 16, 2004 and concluded there are three wetlands on this parcel. All three wetlands are under the jurisdiction of the Minnesota Wetland Conservation Act (WCA), administered by the City of Eagan acting as the local government unit for WCA issues. Macbeth described the wetlands as a large one in the center of the parcel; a smaller one along the southwest boundary and the third along the southeastern boundary of the parcel. The developer is proposing to entirely fill both the southwest and the southeast wetland and replace those impacts by expanding the center wetland. Member Danner reminded the commission there were four wetlands shown on prior information and asked what had changed. Macbeth said the wetland scientist discovered that the two wetlands in the southwest corner were actually one. Macbeth shared the submitted sequencing argument which stated "Due to the added constraints of providing public street access with associated right-of-way to the properties to the east and west, this layout was not deemed feasible to the developer," saying this is too vague and insufficient to rule out avoidance. Chair Davis asked Macbeth to expand on this subject. Macbeth answered that sequencing is to provide a process (feasible and prudent). The actual language used in the developers sequencing plan is not detailed and the city expects more of an explanation of "not deemed feasible". Advisory Parks Commission Minutes of Regular Meeting of June 20, 2005 Page 3 Member Peterson asked Macbeth's opinion regarding the requested 15 foot conservation easement. Macbeth responded that 30 feet is not always possible but that the city attempts to maintain that buffer as often as is feasible. Member Peterson suggested a variance for the front yard, allowing it to be closer to the street. Discussion continued regarding the street access and conservation easements relating to the property. Representatives from Alliant Engineering told the commission a proposed retaining wall would be constructed around part of the larger wetland to save existing trees and keep the grade from affecting the critical root zone. Some trees will be transplanted nearer to the homes. Alliant Engineering opined that the developer is in compliance regarding storm water runoff. They discussed options for dealing with storm water from the twinhomes; describing their ability to catch the water with roof drains or other methods to bring roof water to the street rather than to the wetland. Member Peterson asked about using the storm sewer. Alliant Engineering said there would be no curb and gutter on the private driveway that leads to the single family homes. He also explained that avoidance was not chosen as a sequencing option because the street between the twinhomes and Wescott road is a required public city street so they were unable to make changes to it. Discussion centered on possible options of how to gain back enough lot space so a 30 foot buffer could still be used between the homes and pond. Chair Davis suggested the private drive that will be shared could be narrowed to gain some footage. He also suggested the possibility of bringing the frontage street closer to Wescott. Alliant Engineering said that would most likely not be a viable option. Superintendent Olson said that the city typically doesn't give a variance for this distance between frontage road and primary street because it affects the vehicle stacking space requirements. Member Hansen asked if there is a drop in the grade on the land around the pond. Alliant Engineering answered there is a 2 foot drop to the pond with 2-3 feet of water in the pond 12 months of the year. Member Danner asked how sequencing and avoidance would be affected if a home was not built on Lot 9. Alliant Engineering replied that it would allow for a 30 foot buffer to the existing wetland. When continuing to discuss storm water runoff, Member Pletcher suggested using curb and gutter. Chair Davis concurred, suggesting that curb and gutter be placed along the driveway on the front end of the property to direct the flow of water to the proper place. Member Davis moved, Member Pletcher seconded, with all members present voting in favor to deny the development as proposed. There was a great deal of discussion relative to how the plan might change to maintain the 30 foot buffer primarily behind proposed Lots 6 and 7. There were suggestions to remove one of the lots so that there would only be a single lot in the center of the development and that the lot should be positioned east/west to maximize the opportunity to maintain the 30 foot buffer. Concern was also expressed regarding the anticipaed runoff into the pond and gutters from the buildings on the site. Chair Davis asked the developers to take these suggestions, and make adjustments to bring the proposal back to the APrC. OLD BUSINESS There were no items to review under Old Business. Advisory Parks Commission Minutes of Regular Meeting of June 20, 2005 Page 4 NEW BUSINESS RECONSIDERATION OF EASEMENT AREA AT 4802 RED PINE COURT Dan Markes, of 4802 Red Pine Court in the Finch Place subdivision, presented his request for the city to reduce the size of the conservation easement located behind his home. Markes said his intention is to provide a better home for the wildlife he sees in the pond, eliminate erosion and reduce the rain water runoff that goes into the pond, which is a Type 4 state water wetland. He showed photographs, describing the 15 foot slope that travels down to the wetland and compared it to the neighbor's back yard and slope. Markes described the easement as mostly dirt with a minimal amount of growth at the top half; the lower half is full of weeds and thistles. Markes said he would like to place a block retaining wall at the bottom of the 15 foot slope and have plants to hold the soil in place. Water Resources Coordinator Macbeth provided a brief history of the subdivision and the concerns that were raised at that time about maintaining the 30 foot wetland buffer. Because of those concerns the Advisory Commission unanimously denied the Finch Place proposal in 2001. Coordinator Macbeth said it is unclear how the buffer area became disturbed because the developer was required to maintain the land before and after development and was required to have a specialist restore and reestablish this area. Member Zipf asked if Mr. Markes has the ability to put a structure or even native plantings on this land since it is governed by the easement restrictions. Member Peterson asked even if Markes is able to change the legal description of the easement, who would be allowed to go in and clean the site up. Since it was unclear who was responsible for disturbing the area it would take some investigation as to how or who might be able to restore or repair the area. Member Pletcher asked if Marke's intention is to decrease erosion or expand his yard. Markes replied that his intention is to decrease the erosion and eyesore of this area. Member Peterson said she believed the easement should stay the same size but understood Marke's desire to improve it. Member Pletcher concurred with Member Peterson. After further extensive discussion, Member Peterson moved, Member Davis seconded with all present members voting to deny Mr. Marke's request as presented based on the need to preserve the 30 foot easement as it was originally established. The Commission suggested that the City try to identify if the easement was preserved/restored/maintained by the builder, as required, prior to the sale of the property or if anyone other than the builder may have modified any portion of the easement after possession of the property. If there is not a definite determination as to which party is/was responsible for the modification to the easement, the settlement of that issue should remain between the builder and the homeowner, however, if the City of Eagan is able to provide advice about how to restore the area (type of acceptable plantings, etc.) they should help to guide the re-establishment of the easement. The Commission continued that if the homeowner wishes to proceed on his own to restore plantings to the areas that are currently bare, water resources staff would need to approve and inspect any plantings to ensure the integrity of the conservation easement is maintained. WATER RESOURCES UPDATE Macbeth said that twenty residents from the Fish Lake and Thomas Lake areas met Wednesday from 6:30-8:30 with the volunteer lake association to gather information and determine if they want to volunteer. Member Hanson asked if Macbeth had received any feedback from the State of the Lakes Advisory Parks Commission Minutes of Regular Meeting of June 20, 2005 Page 5 report that had recently been available to the public. Macbeth said a small number of comments have been received but most brochures have not been seen yet. OTHER BUSINESS AND REPORTS 20/20 VISION The consultants recently held more work sessions where three members highlighted what information had been gleaned from the public meetings and research. The goal was to focus on identified guiding principals in preparation of the draft report. The draft report will be distributed to the APrC and be available for public comment following the July 18 APrC meeting. It was noted that the public will be invited to comment on the draft report for 30 days so that additional feedback can be included in the final report. It is expected that the APrC will adopt the report with comments at their September meeting with anticipated acceptance by the Council in October. Discussion continued on how best to get the plan in front of a broader audience using the website, library and other resources. FRIENDS OF THE FARM Friends of the Farm Board meeting included three staff from the Minnesota Historical Society. They discussed preservation and the Friends of the Farm tried to learn what they needed to do in order to obtain successful grants. Member Peterson said the architect from the Historical Society would be asked what should be taken care of first; currently there is siding needs, patch jobs and a tree has encroached onto the space used for opening the shed door. City Council approved asking for quotes that would be sent out for pricing on historical preservation. NORTHEAST LANE USE STUDY Member Pletcher said the NE land use study has been finalized. The final report will be presented to the City Council in July. ROUND TABLE Members discussed Commission member's participation in the 4th of July parade. Member Danner highlighted Kay Gustafson's book signing that will take place at the Community Center. Her book is called "Aunt Gussie and Grandfather Tree" and based on moving the large oak tree that now stands in front of the Eagan Community Center. Members Davis and Peterson participated in the first round of interviews for the Parks and Recreation Director. Three candidates will be interviewed by the City Council. ADJOURNMENT With no further business to conduct, Member Zipf moved, Member Danner seconded with all members voting in favor to adjourn the meeting. The meeting was adjourned at 9:20 p.m. Lo d(o Secretary Date