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02/20/1996 - Advisory Parks & Recreation Commission AGENDA ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION EAGAN, MINNESOTA Tuesday, February 20, 1996 7:00 PM Eagan Municipal Center Community Room A. 7:00 PM Regular Meeting B. Call to Order and Pledge of Allegiance C. Introduction of New Members D. Commission Organization 7:05 pm (1) Election of Chairperson, Vice Chair and Secretary(2) Committee Appointments E. Approval of Agenda 7:20 pm F. Approval of Minutes of Regular Meeting of January 16, 1996 7:25 pm G. Visitors to be Heard H. Department Happenings Pages 3-4 7:30 pm 1. Consent Agenda 7:35 pm J. Development Proposals (1) Robins 2nd - John Alan Pages 5-9 7:37 pm K. Old Business (1) Park Naming - Lexington/Diffley Site Pages 11-13 7:50 pm (2) Tree Preservation Ordinance - Final Draft Pages 15-25 7:55 pm (3) Holz Farm Report - Final Draft Pages 27-28 & A 8:05 pm (4) DNR Local Grants Program Page 29 8:30 pm L. New Business M. Parks Development Update 8:35 pm (1) Blackhawk Pavilion Building N. Water Resources Update 8:45 pm (1) Wetland Buffer Ordinance Pages 31-39 0. Other Business and Reports (1) Trail Snow Removal Survey Results 8:50 pm (2) Management Plan for Fort Snelling State Park 8:55 pm (3) Deer Management Task Force 9:00 pm (4) Accept Grant from Tri-Max Group Page 41 9:05 pm P. Round Table 9:08 pm Q. Adjournment 9:10 pm The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status , sexual orientation, or status with regard to public assistance. Auxiliary aids for disabled persons wishing to participate are available upon request at least 96 hours in advance of the events. If a notice of less than 96 hours is received, the City will make every attempt to provide the aids. 6:00 PM NEW MEMBER ORIENTATION 6:10 PM WORKSHOP WITH TRUST FOR PUBLIC LAND - city of eagan MEMO DATE: FEBRUARY 15, 1996 TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: FEBRUARY 20 COMMISSION MEETING Commission Members have a busy evening planned for February 20! 5:00 PM Natural Resources Sub-committee will meet for a study session. 6:00 PM The entire Commission will meet in a workshop session. The workshop session will begin with a brief introduction of the newly appointed Commission Members, Randall Ahern, Tim Callister, Guy Kohlenhofer (alternate) and Daryle Peterson. Welcome aboard! The Trust for Public Land will be making a presentation to the Commission on the role they could possibly play in a Bond Referendum. Their presentation will allow time for questions before the start of the regular meeting at 7:00 PM. After Call to Order, the Commission will conduct it's organizational business. The Director of Parks and Recreation will chair this portion of the meeting in which the Chair, Vice-Chair and Secretary are selected. Typically the Commission has appointed members to serve on the Acquisition/Development, Recreation and Natural Resources/Water Quality Sub-committees. This does not preclude the Commission from developing other subcommittees, or Ad Hoc committees, in the future if it should wish to do so. There are no items on the Consent Agenda for this month and only one development item. A planning report is included in the packet regarding the Robin's 2nd Addition. OLD BUSINESS The Commission deferred the official name recommendation for Lexington/Diffley Park to the February meeting. This information will be presented verbally. The final draft of the Tree Preservation Ordinance is enclosed for the Commission's careful review. This final draft will be forward to the City Council for consideration and adoption. The Holz Farm Task Force has had frequent meetings the last several weeks in order to complete their work. The Commission should review the enclosed draft report carefully and offer their suggestions for additions. The report will then be forwarded to the City Council for their review and action. Staff is seeking direction regarding the re-submission of the North Park Grant application. It now appears that Eagan could be in line to obtain a grant in the amount of $50,000 for development, however, the City has not identified the source of the other "matching funds". Please review the enclosed memo regarding this particular item. NEW BUSINESS There are no New Business items at this time. PARKS DEVELOPMENT There will be a review of the park pavilion building at Blackhawk Park. Bids were received on the building from seven contractors. The low bid was from Thor Construction in the amount of $262,639. Staff is assembling the contract documents and looks forward to a pre-construction meeting during March. Staff hopes to have material samples for final color selection available for Commission review. The Council awarded the contract for this project on February 6. WATER RESOURCES UPDATE Rich Brasch will present and review the last draft/status report. The Natural Resources Sub-committee will be meeting at 5:00 PM preceding the Commission meeting to continue the work on this draft. OTHER BUSINESS AND REPORTS There are four items for the Commission's information and review. Acceptance of the Tri-Max grant will be the only item requiring Commission action. Following adjournment, Chairman Markell hopes to have the Commission continue in workshop session to discuss: 1. The proposal for a Parks Bond Referendum. 2. The Joint Council/Commission meeting scheduled for Tuesday, February 27, 5:00 PM. 3. The approach to the E.A.A. Board regarding their thoughts on a referendum. We look forward to seeing everyone on Tuesday. If you are unable to attend any of the meetings, please call our office at 681-4661. Respectfully Submitted, Ken Vraa Director of Parks and Recreation KV:cm Eagan Parks and Recreation January, 1996 Department Happenings 1. Staff continues to analyze the operational aspects of a boulevard pathway snow removal program. Video tape has been shot in a number of neighboring communities to illustrate the wide variety of techniques being used to remove snow and the challenges that must be addressed. 2. The unusual weather during the past month (ie - rain and extreme cold) necessitated the use of several non-traditional maintenance techniques by Park Maintenance crews. The rain covered rink flooding and created rough ice surfaces requiring considerable plowing and shaving. The extreme cold caused large cracks in the ice which were repaired by filling with slush. 3. Fertilizer coated with a water soluble plastic will be used in the parks for the first time this spring. The coating slows the nutrient release, keeping the material viable for a longer period of time. If successful, fewer applications of fertilizer may be necessary. The material is also 'dust free.' 4. Policies and procedures have been established for the implementation of a random drug and alcohol testing program for all maintenance employees having a commercial drivers license (all full-time maintenance staff). The program is the result of a federal mandate. 5. Two pick up trucks and a utility truckster have been ordered as part of the City's vehicle and equipment replacement and acquisition program. 6. The contractor is expected to complete the framing of the Lexington-Diffley maintenance building by March 1, weather permitting. Park maintenance staff will do all finishing work. 7. To accommodate the addition of over forty acres of turf and miles of boulevard, all mowing routes will be re-evaluated for the 1996 season. Reducing the amount of mowing in several areas may also be considered. 8. The public hearing for the new tree preservation ordinance is scheduled for February 27 at the Planning Commission meeting. 9. The Parks Department and the City have been approved as 'authorized buyers' at the State of Minnesota Surplus Property Center. This will allow the City to purchase State and Federal surplus property and equipment. The initial purchase included shop storage cabinets and filing cabinets all at a significant savings. 10. Approximately 35 brave people ventured out in the cold on February 10 for the Department's ice fishing event. Members of In-Fisherman again assisted by drilling holes and instructing children about fishing through the ice. Jim Storland, Water Quality Technician, also assisted by providing bait and with his presence. One crappie and one sunnie came out of Schwan Lake. 11. Kit and Kaboodle, a performing duo new to Eagan, played, sang, acted silly and were well received at the February 11 Cabin Fever Relief event. Community Education 196 co-sponsored the activity. 12. The National Recreation and Park Association (NRPA) is preparing for a national wellness effort called Active Living Healthy Lifestyles. The initiative is timed to begin with the May 15 Surgeon General's report that documents Americans' sedentary lifestyles. The Department's spring brochure will provide snippets for active living. 13. The first community focus group concerning a potential park bond referendum will occur on February 26 with the Eagan Athletic Association. 14. Staff attended the first organizational meeting for the 1996 Yankee Doodle Arts and Crafts Festival. This year's event will be held on June 22 and 23 at Blue Cross Blue Shield. Organizers Jill Anderson and Patsy Shroeder look for 200 crafters at this year's juried show. 15. Eagan Youth Bandy players participated in a tournament at the John Rose Oval in Roseville on February 10. 1996 marked the fifth year of the Department's Bandy School. 16. Staff will attend a Burnsville collaborative meeting on February 22. Burnsville extended an invitation in order to learn more about the Wescott Square efforts. The Mill Pond complex in Burnsville poses similar challenges and opportunities. 17. It seems to be early, however, field and tennis court requests are being received at an alarming rate. Past users are in a hurry to know what is available and potential new users are checking on their eligibility. 18. Staff will attend a LOGIS Parks and Recreation user group meeting this week. A discussion on the quirks of the new registration system will occur. We will also look ahead to getting the facilities side on line. 19. The winter offering of 55/Alive, Safe Driving for first time attendees has been held. Participants experience 8 hours of concentrated instruction. A 4 hour refresher course will be held on February 200 for persons who have taken the 8 hour course previously. The insurance industry and AARP specify re-certification every three years. 20. Auggies Concertina Band played for the Senior Citizen Group on Valentine's Day. Oompah, toe tapping music was the fare. Staff from other departments waltzed past the Community Room! 21. Staff will be convening a city/school workshop type session to review formal and informal working relationships, lines of communication, and areas of responsibility. Youth athletic association representatives will join the workshop to share their perspectives on the impact of the new high school. The southwestern portion of Eagan is in the new school's attendance area. 22. A landscape seminary is scheduled this month. Recreation and forestry work together for this program. Diana Bolander, a master gardener who works with Greg Hove in the summer is the presenter. r3lanhapen February 20, 1996 Advisory Parks, Recreation and Natural Resources Commission Meeting DEVELOPMENT AGENDA ROBINS 2ND ADDITION - JOHN ALLEN/INDUSTRIAL EQUITIES L.L.P. 1. This development would be subject to a cash parks dedication. 2. This development would be subject to-a cash trails dedication. 3. There are no Tree Preservation issues with this development. 4. If the City Council finds that water quality mitigation requirements have not been met by past agreements, the developer shall be subject to an on-site ponding requirement. To the degree that the on-site ponding design provided by the developer is inadequate to meet full mitigation requirements, a cash dedication will be required. _ city of eagan MEMO TO: Ken Vraa, Director of Parks and Recreation FROM: Julie Farnham, Planner REGARDING: Robins 2nd Addition (Industrial Equities) - Feb. APRNRC DATE: February 9, 1996 PROIECT DESCRIPTION: John Allen, Managing Partner of Industrial Equities L.L.P., is requesting approval of a Preliminary Subdivision (Robins 2nd Addition) to allow creation of four lots from property currently platted as Robins Addition, Outlots B and C; and a Preliminary Planned Development to accommodate a mixed office/light industrial development on property currently platted as Robins Addition, Outlots A-D on Blue Gentian Road, west of TH 149, south of 1-494 in the NE 1/4 of Section 2. The site is undeveloped and contains several existing easements. A 1.16 acre scenic easement exists in the northeast corner of the property. This area is wooded and will not be disturbed by proposed development. A 30 ft. wide pipeline easement, a 75 ft. wide NSP transmission easement and a 10 ft wide sanitary sewer easement cut through the proposed Lot 2 in a north-south direction. A large detention pond (FP-1) exists on the south side of Blue Gentian Road. The proposed planned development will consists of two phases. Phase 1 will include the four lots proposed in Robins 2nd Addition and will consist of four office/warehouse type buildings. Phase 2 will consist of the property on the south side of Blue Gentian Road currently platted as Outlots A and D of Robins Addition. The applicant states that the entire planned development will include a variety of office and light industrial uses in a "business campus" setting. Private restrictive covenants are proposed to provide guidelines for architecture, signage and landscaping to ensure a unified, cohesive appearance. In conjunction with this request, an amendment to the Comprehensive Guide Plan is proposed. An amendment is needed because proposed light industrial uses are not consistent with the existing land use designation, Commercial Planned Development (CPD). The City is proposing to redesignate this property as well as the entire "triangle" bound by 1-494, TH 55 and TH 149 from CPD land use to a new Business Park (BP) land use. Reasons for considering redesignation of the entire area stem from the lack of clear policies relative to CPD land use and findings of a 1994 study of commercial land use in the City indicating limited demand for commercial development and a study recommendation that CPD areas be re-categorized to reflect better defined and more appropriate uses. The proposed new land use category would accommodate mixed office, research and development and light industrial uses. The City is also proposing S. d_z. rezoning of much of this area to a proposed new zoning district, Business Park, to correspond with the proposed new land use. The Advisory Planning Commission will be reviewing the land use amendment and rezoning proposals at their Feb. 27 meeting. This proposed subdivision and planned development will be subject to approval of the land use change (Comprehensive Guide Plan amendment) from CPD to BP. ISSUES: There are no major planning issues regarding the proposed subdivision and planned development. The only significant trees on this property are within the scenic easement. Removal of trees or shrubs within the scenic easement is prohibited for purposes of private development. WATER QUALITY AND WETLANDS: The proposed development is located in drainage basin F in northeast Eagan. The planned development within which this subdivision is located includes about two-thirds of Pond FP-1, a 19-acre state protected water designated as a nutrient trap in the City's water quality management plan. Pond FP-1 will receive at least a portion of the runoff from this development. There are no classified recreation water bodies downstream but the discharge from this site and the remainder of the planned development will eventually reach the Minnesota River. The developer contends that with the transfer to the City of drainage and utility easements for Pond FP-1 as part of a grading permit agreement reached in 1982, the water quality mitigation requirements for this development and the remainder of the planned development have been met. Staff and the City Attorney believe that there is no compelling documentation that the agreement pertains to stormwater management issues other than flood control. As the policy making body for the City, the City Council will need to determine whether the agreement has satisfied all stormwater management requirements for the site, including water quality mitigation. In case the City Council decides the developer has not met water quality mitigation obligations for the planned development, staff performed a modeling analysis to determine the appropriate mitigation requirements for this subdivision. The developer has stated his desire to satisfy any water quality treatment requirement through on-site ponding. The ponding configuration proposed by the developer, however, is inadequate to fully meet treatment standards because of problems with the design of the ponds (primarily length:width ratios, inlet/outlet separations, and lack of aquatic benches). Thus, a supplemental cash dedication would be required in addition to the on-site ponding proposed on the 2-14-96 plan. A cash dedication amount would be determined after the pond design is finalized. There are no jurisdictional wetlands within the proposed development. Staff Recommendations: Staff recommend that: 1. If the City Council finds that water quality mitigation requirements have not been met by past agreements, the developer be subject to an on-site ponding requirement. To the degree that the on-site ponding design provided by the developer is inadequate to meet full mitigation requirements, a cash dedication will be required. EGA C'1p'O n~ .4ig ?goad woo H K gt 3u)c Aoc~rfia~l 11~ 950 p 650 1250 NTERSTATE 494 TRAPP Roll - /lti Q ~1 ~ TRIAL ROAD > 1 W sy T LEXNGT PARK WES~ 17 I I S. 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M+ M ~qn• I•, r.M CA! fill I I [it Z0'd 09£PT89 01 S03idS1 WOeld T£:PT S66T-L0-f10N l~ 8Z6£74PZT9 MEMO - city of eagan DATE: FEBRUARY 15, 1996 TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DOROTHY PETERSON, SUPERINTENDENT OF RECREATION STEPHEN THOMPSON, COMMISSION MEMBER SUBJECT: PARK NAMING BACKGROUND At the January 16, 1996 Commission meeting Ad Hoc Park Naming Committee members John Rudolph and Michael Vincent provided name alternatives for two unnamed parks. The Commission recommended the name Hidden Comer Park for the park adjacent to Red Pine Elementary School. Commission Member Thompson requested additional time to research alternative names for Lexington/Diffley. That search has been attempted. FOR COMMISSION ACTION: It is appropriate that the Commission review and discuss the alternative names suggested for Lexington/Diffley. The Commission should select one preferred name to recommend for adoption by the City Council. Lexington/Difflev Attached are copies of the 1896 and 1928 plat maps, referencing the Lexington Diffley property. The acreage remained with the Quigley family throughout that period of time. Commission Member Thompson has visited with area historians and former Commission Member Dick Carroll. Attempts to learn more concerning the bi-plane touch down aspect of the site have been unsuccessful at this writing. Commission Member Thompson may have more information and an additional name suggestion at the meeting on February 20. However, currently the alternative names brought forward by the Ad-hoc Committee remain before the Commission for discussion and recommendation to the City Council. Adivisory Parks, Recreation and Natural Resources Commission Park Naming Page 2 1. Lexington Difflev Athletic Fields Pro: • The name provides a quick geographical reference to users of the facility, utilizing the names of the cross streets. • Casual use of the name is already prevalent in the community. • Historical facts concerning the site have already been utilized in naming Ravine Park and Quigley Lake. • The name is not in conflict or easily confused with other park names. • The term athletic fields has precedence at Rahn. • The intent is not to name the site after an individual or family. 2. Lexington Difflev Athletic Park Pro: • Maybe more meaningful to describe the facility as a park. • Northview Park, though primarily an athletic site is named a park; provides an example of precedence. Con: • Use of "park" instead of "fields" did not ring as true to the Ad-hoc Committee. KV/DP/ST:cm FEB 15 96 02:21PM MN.PCA - HAZ.WASTE P.2 ice. 2S $ec.Zt i v M ~ ~z T ~,?,~1~ s td~G flat sawl ok Fat a' s1' i A% go=ns H okmkkv% Car w frc ZG Leo 2.1 sic xZ sic r3 1L7" t q~~i a*•~ M 4 f~ pw t 5 ti .Scow r ~ILIr V 1 IV f0- IAC- srr1S ch il? °fgf~ v { t t tw TIKO It a~;~ity huh N (3ri~t11S kManh M~4+i Soc. 17 Sec 2 6 /3 R-96% 612 297 8676 02-15-96 03:22PM P002 #12 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATION (ZONING)" BY ADDING SECTION 11.10, SUBD. 15.1 REGARDING TREE PRESERVATION REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.10, Subd. 15.1 to read as follows: Subd. 15.1. Tree Preservation A. Find'in2Sand Purpose Statement. The City Council finds it is in the best interest of the City of Eagan to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development and alteration of wooded areas. In the interest of achieving these objectives, the City of Eagan has established the comprehensive tree preservation regulations herein to promote the furtherance of the following: 1. Protection and preservation of the environment and natural beauty of the City; 2. Assurance of orderly development within wooded areas to minimize tree and habitat loss; 3. Evaluation of the impacts to trees and wooded areas resulting from development. 4. Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal. 5. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting during development; and 6. Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community. B. Definitions. For the purposes of this Subdivision, the following terms shall be defined as stated: "Applicant" shall mean any person or entity who is required to submit and implement an approved Tree Preservation Plan under this section. "Builder" shall mean any person or entity to whom a building permit is issued for the construction of a single-family residence. "Caliper inch" shall mean the diameter of replacement trees measured at a height of one foot (1) above the ground level. "Construction Area" shall mean any area in which movement of earth, alteration in topography, soil compassion, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity. "Critical Root Zone (CRZ)" shall mean an imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter, e.g. a 20 inch diameter tree has a CRZ with a radius of 20 feet. "Developer" shall mean any person or entity other than a builder as defined herein, who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. "Development" shall mean individual lot single family residence development, single-phase development and two-phase development as those terms are defined herein. ""Diameter" shall mean the length of a straight line measured through the trunk of a tree at 54 inches above the ground. "Diameter Inch" shall mean the diameter, in inches, of a tree measured at diameter breast height (4.5 feet from the uphill side of the existing ground level). "Drip Line" shall mean the farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. "Forester" shall mean a person holding a Bachelor's degree in forestry from an accredited four-year college of forestry. "Individual Lot Single Family Residence Development" shall mean the process where the construction of a new single family residence occurs on a single lot, or the expansion of any existing single family residence by ten (10) percent or greater square feet. "Landscape Architect" shall mean a person licensed by the State of Minnesota as a landscape architect. "Significant Woodland" shall mean a grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees between four inches and twelve inches in diameter or coniferous trees between four feet and twelve feet in height. Single-phase Development" shall mean the process where improvement of the entire site occurs in one continuing process. Activities which can occur during single-phase development include initial site grading; installation of utilities; construction of public streets; construction and grading of drainage ways; filling of any areas; grading of the pad area; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the construction area. "Tree" shall mean any of the following type of trees, as each is defined herein: "Coniferous/Evergreen Tree" shall mean a woody plant which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year-round. "Deciduous Tree" shall mean a woody plant which, at maturity, is at least fifteen (15) feet or more in height, having a defined crown, and which sheds leaves annually. "Significant Tree" shall mean a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, defined herein, or a minimum of twelve (12) inches in diameter for softwood deciduous trees as defined herein; or a minimum of twelve (12) feet in height for coniferous/evergreen trees. "Hardwood Deciduous Tree" shall include: Ironwood, Catalpa, Oak, Maple hard, Walnut, Ash, Hickory, Birch, Black Cherry, Hackberry, Locust and Basswood. /7 "Softwood Deciduous Tree" shall include: Cottonwood, Poplars/Aspen, Box Elder, Willow, Silver Maple and Elm. "Specimen Tree" shall mean a healthy hardwood deciduous tree measuring equal to or greater than thirty (30) inches diameter and/or a coniferous tree measuring 50 feet or greater in height. "Two-phase Development" shall mean the process where improvement of the entire site occurs in at least two distinct phases. Generally the first phase includes initial site grading; installation of utilities; construction of public streets; construction, grading of drainage ways; and filling of any areas. The second phase generally includes grading of specific pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the specific construction zone. C. Tree Preservation Plan. 1. Scope of Application. A tree presentation plan shall be submitted to and approved by the City and implemented in accordance therewith in connection with any of the following: a. New development in any zoning district; b. New building construction in any zoning district; c. Expansion of any existing commercial, industrial or institutional building or impervious surface by ten (10) percent or greater square feet, where an approved tree preservation plan is not on file with the City; and d. Any project for which a City grading permit is required. 2. Submission Requirements. The Tree Preservation Plan required hereunder shall be submitted with any preliminary subdivision plans in accordance with Chapter 13 of this Code; incorporated as a part of any landscape plan as required under Chapter 11 of this Code; or incorporated as part of the grading plan and the application for any grading permit as required under Chapter 4 of the Code. All Tree Preservation Plans must be certified by a forester or landscape architect retained by the applicant. The proposed grading plan shall be submitted to the City at least five (5) working days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. All sites shall be staked, as depicted in the approved grading plan, and the required tree protection fencing shall be installed before grading is to commence. The City shall inspect the construction site prior to the beginning of the grading to ensure that protective fencing and other protective measures are in place. No encroachment, grading, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the Critical Root Zone of the trees to be saved. Applicants of single-family residential building permits are required to prepare an Individual Lot Tree Preservation Plan when Significant Tree, Specimen Trees, and/or Significant Woodlands exist on site. Individual Lot Tree Preservation Plans are not required to be prepared by a forester or landscape architect. 3. Plan Requirements. All Applicants shall submit a tree preservation plan prepared in accordance with the provisions of this Subdivision. The Tree Preservation Plan shall include the following information: a. The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders. b. Delineation of the buildings, structures, or impervious surfaces situated thereon or contemplated to be built thereon. c. Delineation of all areas to be graded and limits of land disturbance. d. Size, species, and location of all existing significant trees, specimen trees, and significant woodlands located within the area to be platted or within the parcel of record. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. e. Identification of all significant trees, specimen trees, and significant woodlands proposed to be removed within the construction area. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. f. Measures to protect significant trees, specimen trees, and significant woodlands. g. Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the Tree Replacement Schedule; and h. Signature of the person(s) preparing the plan. /9. 4. Mitigation a. In any development that the tree/woodland allowable removal limits are exceeded, the applicant shall mitigate the tree loss by either reforestation of (tree replacement) appropriate areas within the development area, in accordance with the Tree Replacement Schedule, or payment to the City of the sum per diameter inch calculated from the total amount of diameter inches of the required replacement trees in accordance with the Tree Replacement Schedule. The fee per diameter inch shall be set forth in the City of Eagan Fee Schedule. b. The form of mitigation to be provided by the applicant shall be determined by the City. c. Replacement trees shall be addition to any other landscape requirements of the City. d. Significant tree replacements will be calculated by replacing the largest diameter tree first, proceeding down to the smallest diameter significant tree. 5. Required Protective Measures. The tree preservation plan shall identify and require the following measures to be utilized to protect Significant trees, Specimen Trees, and Significant woodlands: a. Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. b. Identification of any oak trees requiring pruning between April 15th and July 1st. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate non- toxic tree wound sealant. c. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. a.U• 6. Additional Protective Measures. The following tree protection measures are suggested to protect significant trees, specimen trees, and significant woodlands that are intended to be preserved according to the submitted Tree Preservation Plan and may be required by the City: a. Installation of retaining walls or tree wells to preserve trees. b. Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. c. Use of tree root aeration, fertilization, and/or irrigation systems. d. Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area. e. Therapeutic pruning. 7. Review Process. The tree preservation plan shall be reviewed by the City to assess the best possible layout to preserve significant trees, specimen trees, and significant woodlands and to enhance the efforts to minimize damage to specimen trees, significant trees and significant woodlands. The applicant shall meet with City staff prior • to submission of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest significant trees, specimen trees, and significant woodlands are destroyed or damaged. 8. Performance Guarantee. Any applicant of a new development shall provide the required performance guarantee following preliminary approval of the Tree Preservation Plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted, specific to the tree preservation fulfillments, shall be calculated as follows: a. one-hundred percent (100%) of the cost of completing tree replacement mitigation, if applicable; plus; b. an amount to guarantee preservation of all trees, identified by the approved Tree Preservation Plan to be preserved, within fifteen feet (15'), of the construction zone (measured from the construction limit to the nearest side of the tree). The amount -2/, shall be calculated by multiplying the total diameter inches of significant trees and specimen trees to be preserved within this 15' zone by the rate of payment of $25.00 per diameter inch. Maximum amount of the Performance Guarantee will be $10,000.00. No performance guarantee shall be required for applicants of building permits of single family residential units. Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the City that the Tree Preservation Plan was followed and that the Tree Replacement Schedule was complied with where necessary. 9. Removal of Diseased Trees Required. Prior to any grading, all diseased, hazard, and nuisance trees on the subject property shall be identified by the City Forester or City Tree Inspector in accordance with Chapter 10 of the City Code. Any and all diseased and nuisance trees so identified shall be removed from the property, at the time of grading, if so directed. 10. Compliance with Plan. The Applicant shall implement the Tree preservation Plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated, or until a request is made to and approved by the City Forester. No significant trees, specimen trees, or significant woodlands shall be removed until a tree preservation plan is approved and except in accordance with the approved Tree Preservation Plan as approved by the City. If a significant tree(s) or specimen tree (s) that was intended to be preserved, is removed without permission of the City Forester, or damaged so that it is a state of decline within one year from date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree, in the amount set forth in the City of Eagan Fee Schedule, shall be remitted to the City. The City shall have the right to inspect the development and/or building site in order to determine compliance with the approved Tree Preservation Plan. The City shall determine whether compliance with the Tree Preservation Plan has been met. D. Allowable Tree Removal. 1. Tree Removal Allowance. Specimen Tree, Significant Tree, and Significant Woodland removal shall be in accordance with the City- approved tree preservation plan and in no case shall the amount of removal exceed the following percentages: a. Single Lot Development. 1. Single-Unit Residential, 20%. 2. Commercial and Multi-unit Residential, 30%. . b. Multi-lot Development 1. Single-Phase Development Process. 1. Single Unit Residential, 40%. 2. Commercial and Multi-unit Residential, 47.5%. 2. Two-Phase Development. 1. Initial Site Development, 25%. 2. Individual lot development. a. Single Unit Residential, 20%. b. Commercial or Multi-unit Residential, 30%. 2. Exception. When practical difficulties or practical hardships result from strict compliance with the provisions of this paragraph, the City may permit significant tree, specimen tree, and significant woodland removal in excess of the allowable limits. In the event such exception is granted, a reforestation plan or a cash mitigation will be implemented. The City shall determine which form of mitigation shall be utilized. E. Tree Replacement Schedule Size of Tree Damaged or Destroyed Number of Replacement Trees CategoryA CAIN= B S Coniferous -12 to 24 feet high 1 2 4 Coniferous - 24 feet or higher 2 4 8 Hardwood Deciduous - 6 to 20 inches Diameter 1 2 4 Hardwood Deciduous - 21 to 30 inches Diameter 2 4 8 Softwood Deciduous - 12 to 24 inches Diameter 1 2 4 Softwood Deciduous 24 inches diameter 2 4 8 Specimen Tree 3 6 12 a3. 2. Significant Woodland Replacement. Where replacement of a Significant Woodland is required, the Applicant shall be responsible for furnishing and installing one Category A replacement tree or two Category B replacement trees or four Category C replacement trees for every 125 square feet of Significant Woodland damaged or destroyed, or any increment thereof. 3. Size of Replacement Trees. Category A trees shall be no less than the following sizes: Deciduous Trees - Not less than 4 inches in Diameter Coniferous Trees - Not less than 12 feet in height Category B trees shall be no less than the following sizes: Deciduous Trees - Not less than 2%s inches in Diameter Coniferous Trees - Not less than 6 feet in height Category C trees shall be no less than the following sizes: Deciduous Trees - Not less than 1'h inches in Diameter Coniferous Trees - Not less than 4 feet in height 4. Species Requirement. Where 10 or more replacement trees are required, not more than fifty (50) percent of the replacement trees shall be of the same species of tree without the approval of the City. 5. Warranty Requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to construction activity within one (1) year after the date of project closure, shall be removed by the Applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight months of removal. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: MEMO - city of eagan DATE: February 14, 1996 TO: Ken Vraa, Director of Parks and Recreation FROM: Jon Oyanagf, Recreation Supervisor SUBJECT: Draft of Holz Farm Report and Recommendations Background The Holz Farm Task Force has been meeting since May of 1995. Their mission is to report on their work and recommend to the City council and Advisory Parks, Recreation and Natural Resources Commission on issues concerning the utilization of "The Farm." Through research, tours of other historic farms, discussions and consultations the group has compiled their report. For Commission Review The Commission is asked to proofread the report, ask for clarification on any matter, and critically examine the recommendations outlined. A critical examination will help the Task Force revise the report. Additional Information After the Commission reviews the report, a workshop will be held with the City Council on February 27 to discuss the draft. The final report will be written after the workshop and presented at a public hearing at the March 4 City Council Meeting. At that meeting, the City Council will act on the report and make their recommendations. Issues The report covers: Programming and Events Restoration Needs and Costs Operating Expenses History Funding The Task Force has targeted the period surrounding 1940 as the era to restore the buildings to, and create programs around. The reasons for 1940 include: 1. This is a unique time period for historic sites in the region. Most are tum-of-the- century vintage. 2. Electricity was introduced to the Farm and a Farmall H tractor was purchased in 1940. The horse-drawn, manual methods can be contrasted to the motorized and electrical methods. 3. The Farm was most productive during the 1940's. 4. Events such as The Great Depression and World War II can be incorporated into the displays and activities. Programs will center around farm life circa 1940. All ages will be educated, entertained, and have the opportunities to build a sense of community pride. Crops and animals will help communicate the reality of food sources. Machines and equipment will demonstrate the labor involved. The house, barn and outbuildings will create the setting for people to gather together to experience the history of Eagan. School group tours, holiday events, barn dances, dairy demonstrations and a host of other ideas will help everyone discover farm life within the City. To make The Farm become a reality, the Task Force recommends that a non-profit group (The Friends of The Farm) be formed as soon as possible. The goal is for The Friends to be the main supporting arm of The Farm. They would raise both capital and operating funds, provide volunteer workers, and assist with the restoration nd maintenance. Until The Friends group becomes the major support, the City would maintain and operate The Farm. The Task Force recommends that the City maintain ownership and that both parties sign a Memorandum of Understanding stating that The Farm will always be a historic site. Funding will come from a variety of sources. The City and Friends will be the primary supporters. Other possibilities include foundations, businesses, individuals, and someone winning the lottery and donating a million to The Farm. For Commission Action and Review • To critically review the report and recommendations. • To comment on the content, or lack thereof, as it communicates the recommendations. • To provide opinions on any issue or recommendation. • To provide feedback that will help formulate the final report. MEMO city of eagan DATE: February 13, 1996 TO: Advisory Parks, Recreation, and Natural Resource Commission FROM: Ken Vraa, Director of Parks and Recreation Dorothy Peterson, Superintendent of Recreation SUBJECT: Department of Natural Resources, Local Grants Program The purpose of this memorandum is to inform the Commission of a potential increase in 1996 Outdoor Recreation Grant funding and the effect on the Department's 1995 grant application for North Park. The Commission is asked to discuss whether to accept or reject possible funding. Facts: • The Legislative Commission Minnesota Resources (LCMR) has forwarded to the legislature a request for increased funding for the current funding cycle. Source of the funds is increased gaming receipts. • Action by the legislature is expected to occur within two weeks. • The Department's 1995 grant application for development of North Park is the first additional grant scheduled to be funded, subject to action by the legislature. • Value of the grant is $50,000. • The grant carries a November 1, 1997 completion deadline. • Site restoration is scheduled for North Park in 1996. • The Department's Capital Improvement Plan identifies development of North Park in 1997. Issues: • Development of North Park in 1997 is an identified need. Source of one million dollars for development has not been determined. • As plans for 1996 bond referendum progress, will parks development become part of the question presented to the community? Based on what it now knows, what direction does the Commission give to staff concerning acceptance or rejection of Outdoor Recreation Grant Funds in the amount of $50,000 for North Park? p60- dp TO: ADVISORY PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION-NATURAL RESOURCES SUBCOMMITTEE FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: SUBCOMMITTEE MEETING ON TUESDAY, FEBRUARY 20 DATE: FEBRUARY 14, 1996 Enclosed is a revised draft of the proposed wetland buffer ordinance on which the Subcommittee is working. The revised draft includes several sections on exemptions, variances, buffer protection, and buffer mitigation that were added as a result of discussion at the last Subcommittee meeting. Many of the additional sections were taken out of a buffer ordinance adopted by the City of Maplewood within the last year. Please review the draft in detail for content. If you approve of the content, staff will do the work to fill in the administrative detail. I would like to have the final draft discussed and approved by the Subcommittee within the next three weeks and be in a position to present it for content approval at the March APRNRC meeting for approval. After that, I would like to schedule the ordinance for review by the Planning Commission at a workshop they've scheduled for March 21. Assuming there are no major problems, the Planning Commission would hold a hearing on the proposed ordinance at their April meeting and the ordinance could be adopted as early as May by the City Council but would not become effective until after publication (2-3 weeks after adoption). Please call me if you have any questions. Thanks!! Rich Brasch Water Resources Coordinator cc. Ken Vraa Peggy Reichert Paul Olson APRNRC Members APRNRC NATURAL RESOURCES SUBCOMMITTEE MEETING Time: 5:00 P.M. - 6:00 P.M. Date: Tuesday, February 20, 1996 Location: Administrator's Small Conference Rm. 2nd Floor, City Hall 3830 Pilot Knob Road AGENDA 1. Review of Proposed Wetland Buffer Ordinance (1 hr.) Objective: To review and provide comments to staff on the content of the revised wetland buffer ordinance. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, h'IINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION REGARDING WETLAND PROTECTIVE BUFFER ZONE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.10, Subd. 30, to read as follows: Subd. 30. Wetland Protective Buffer Strip. A. Finding wd Pose Statern• Wetlands help maintain water quality, and reduce flooding and erosion; act as resources of food and habitat for fish and wildlife; and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this subdivision to provide for the establishment and regulation ofprotective buffer strips surrounding and adjacent to wetlands within the City. This subdivision shall be in addition to any other provision in this Code and any state regulations aimed at the preservation and conservation of wetlands and their attendant functions and values. The provisions of this subdivision shall be superseded by any other provision in this Code or any state regulation which is more restrictive than the provisions herein. B. Definitions. 1. "Buffer Strip" shall mean the area between a line parallel to the wetland edge and a line parallel to it at the minimum setback distance required herein which shall not be disturbed in any manner in order to filter sediment, materials and chemicals. 2. "Class A Wetlands" shall mean wetland types 3, 4, 5, 6, 7 and 8. For purposes of this definition only, Class A wetlands shall include wetland types 1 and 2 where the wetland adjoins a state-protected water. 3. "Class B Wetlands" shall mean wetland types 1 and 2, provided the wetland does not adjoin a state-protected water. 33. 4. "Wetland Types" shall mean the classification of wetlands defined in U.S. Department of Interior, Fish & Wildlife Service, Circular 39, "Wetlands of the U.S., 19 5. "Wetlands" shall mean lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, an area will constitute a wetland when the following three attributes exist: (1) a predominance of hydric soils; (2) inundation or saturation of surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) normal circumstances support the prevalence of such vegetation. 6. "Wetland Edge" shall mean the line delineating the outer edge of a wetland. This line shall be established by using the feral Manual fgg Identifying and Delineating Jursidictional glands dated January 10 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, and the U.S. Soil Conservation Service. Such line must be verified by the City's water resources coordinator or his/her designee. C. General Exemptions 1. The following are exemptions to this ordinance: a) Structures in existence on the date this ordinance becomes effective. Such structures may be remodeled, reconstructed or replaced provided that the new construction does not take up additional wetland buffer land. b) The construction or maintenance of public drainage facilities or erosion control improvements. c) The maintenance ofpublic or semipublic facilities. a) Public and semipublic projects, such as streets, utilities and parks, whether built by a public agency or private developer, shall be subject to this ordinance, except that the city council may waive these requirements where there would be a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements, the City Council shall follow the standards in section D. The City Council shall hold a public hearing before declaring such a waiver. The City shall notes the property owners within 350 feet of the wetland or stream buffer at least ten days before the hearing. e) Where this ordinance would deny all reasonable use of a lot of record. In such case, any building shall be constructed to maximize the setback from a wetland or stream buffer. Federal, State or Watershed Management Organization rules and regulations shall apply. Alterations to the wetland or stream buffer er shall be the minimum necessary to allow for the reasonable use of the property. Where feasible, the City may require the mitigation of any alteration of a wetland buffer. f) Where the City has approved a wetland filling permit. The City shall require mitigation. D. Standards for utility and trail exemptions. 1. Construction of utilities may only be permitted in wetland or stream buffers when the applicant demonstrates there is no other practical alternative and the following requirements are met: a) Utility corridors shall not be allowed when the wetland or stream buffer is used by species listed as endangered or threatened by the federal government or state. b) Utility corridors, including any allowed maintenance roads, shall be as far from the wetland as possible. c) Utility corridor construction and maintenance shall protect the wetland and wetland buffer er and avoid large trees as much as possible. The use of pesticides, herbicides or other hazardous or toxic substances shall not be allowed d) Utility corridors shall require an additional, adjacent, undisturbed buffer jer width equal to the proposed corridor width, including any allowed maintenance roads. e) Utility corridors shall be replanted with appropriate native vegetation at pre- construction densities or greater as soon after construction ends as possible. ,f) Any additional utility corridor access for maintenance shall be provided as much as possible at specific points rather than by parallel roads. If parallel roads are necessary they shall be of a minimum width, but no greater than fifteen feet. 2. The City may allow public and private trails in wetland buffers, subject to the following guidelines: 3s- q;tnt pap rooa t aq hugs s;uawasva vans punfam ay; io `.iaf q at{; u.np na Sutdwnp .io Su;lls'Su;;;no 'St(imotu 'Sutpltnq fuv;;grgoid puv ia,((nq punj;ant aq; fo sativpunoq aq; aq;.Josap hugs s;uawasva asay,L sraffnq puvl;ant puv `spuvpant aq; .raaoo ll",s s;uawasva ate •eOunoo O;oyv(T q;;nt s;uawasva puvl;ant paooaa llvtls aouvu;p.Jo sly; dq pa;oa f v di.radojd duv fo auto 4tadoid aq j •I pa.(mba r;uawasva puvl;ag d •aouvuppio aq; Jo sw.ia; aq; iapun s;s;xa OC;cado.id aq; .rof asn algvuosva i ft dtgsp w y anpun uv a;n;t;suoo ;ou llvgs auoly suo.zw aptsuoo orwouoog •iilvool aqi o da;ov wgo tot;uassa ay; .Ja;lv;ou ltrnt pa;uv c8Jz 'aouquva aq; puv `.,au4topuvl aq; rtq pa;vazo;ou ' .tado td srq o; anb;un saouv;swno no o; anp Si .iauntopuvl aq; jo ;g2ild aqi -S10 4U00 lvrojgo ay; tCq pantolly sum;tpuoo spun pasn fj asn algvuosvai v o; ;nd aq ;ouuvo not;sanb u; O iadoid aq; suvaw aouvuva v Su:;uv t8 ui pasn so „ digsp tvq anpufl,, •aouvutp to ay; fo ;ua;ut puv ll qds ay; q;lm Suidaaj u: aq plnont aouvr.ma ag j (q •uot;v.taprsuoo iapun tC;.tado td ay; o; anbtun saouo;swno.tpfo asnvaaq d gspwyq anpun asnvo plnont;uawaorq(ua i,u,zs (v :SZutpu 2t(14tOtlOJ aq; axvw ;snw t;ounoj ay; 'aouvt.wva v acto.iddv o L •Z •-taffnq wva.gs to puvl;ant o fo uo;;via;lv tCuvfo uo;;v2t;tw ay; a.trnba i eCvw is;) aq; 'alq;svaja.tat •Suuvay all; a io1aq stvp ua; ;sval ;v iaffnq wya4s to puvl;ant aq; Jo;aaf OS£ urq;;nt s caunto Cuado rd aq; df!;ou llvys l) atj •aoutq tvit v Su;ao iddv aio, jaq Su;.ivaq otlgnd v ploy hags lpunoj 4!j ate lpuno,7 i;,l ay; o; uor;vpuawwooa.r v ailvw puv uo;;vo;tddo aouvum ail; ntawc llyys uotss;wwoj saomosatl lv.rntwN puv 'uo;;va.toag 's!yivj ctcos;Apr ay; 'aoum.ma v uo s;oo pounoo 4113 ay; a to ag aouvu;p io sry; u; s;uawa q;nbai ay; o; saouvt.roa ato.tddo dvw lrounoo iD ate •I saouvt.mA 9 •sva.~v pagm;stp Su;pntout `.top;., roo l;v 4 azp o q;p;nt ay; o; lvnba `alq!ssod a rage papuvdxa aq hogs s ra f ng (q •slv;.ca;nw snor"adui o aq jou llvgs aovftns l;v q ag,L (v a final plat or before the City issues a building permit for the property. The applicant shall submit proof that the notice has been filed. C-G. Wetland Buffer SkjU Required. On all public and private property which abuts a wetland, a buffer strip shall be preserved or established and maintained in accordance with the following requirements: 33 The width of a buffer strip shall be, at a minimum, 50 feet for Class A wetlands and 30 feet for Class B wetlands; the use of a meandering buffer strip to maintain a natural appearance is encouraged. 2. Prior to grading or construction, snow fencing and erosion control fencing shall be placed around the borders of wetland and stream buffers. Such fencing must remain in place until all development activities that my affect the buffer are completed. 3. When platting, the plat must show the wetland boundaries as approved by the City's water resources coordinator or his/her designee. 24. The buffer strip shall be identified by permanent monumentation approved by the City at each lot line. Monuments shall be spaced not more than 300 feet apart in intervals ef 390 feet a4eng the wedend edge. %ere the on eeeh and every and shall be installed by the developer prior to the commencement of grading on the site. 9:H Prohibited Ash Within Buffer rip. 1. Prohibited Activities. The owner or occupant of any property abutting any wetland shall not conduct or permit any of following activities within the buffer strip: a. Vegetation alteration; b. Topographic alteration, including, but not limited to, grading, filling, excavation, extraction and clear cutting; 37 c. Construction or placement, or installation of any structures; and d. Dumping or disposing of any material foreign to the natural state of the wetland. 2. Exception. To provide access to the shoreline of a wetland, the owner or occupant of property abutting a wetland may clear a path across the width of the buffer strip to the waters edge, provided the width of the path does not exceed 1096 of the sherefine length ef the 10 feet. whichever is greater. For lots with shoreline frontages at more than 100 feet, multiple paths through the buffer strip to the water's edge may be cleared provided the cumulative width of the paths at their widest point through the buffer does not exceed 10% of the shoreline length of the property. I. Mitigation and restoration of wetland buffers. 1. Mitigation is required when a :wetland or stream buffer has been altered. The developer shall submit a mitigation plan to the City for their approval. Where the City requires restoration or replacement, the wetland or stream buffer shall be replanted with native vegetation which would be similar to the original vegetation in species and densities. Mitigation shall beat least 1:1 for the buffer area and functions lost. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"" and Section, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. elf - ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: c9 0 Irk THE TRI-MAX GROUP 750 South Plaza Drive, Suite 202, Mendota Ht's, MN. 55120 A Division of Vincent & Associates ADR Law Center (612)683-9109 February 5, 1996 City of Eagan Parks and Recreation Department attn.: Dorothy Peterson 3830 Pilot Knob Road Eagan, MN. 55122 RE: October 1996 Grant Awards: Thank you for your recent grant application. After review we are please to approve your grant. It is our hope that this grant will give you and/or your organization the ability to provide for your respective community. The grant amount is $2,500.00 dollars. The funds will be made available on October 1, 1996. Grant Number 52-52092-G Agency Number 8721 Civic & Community Grant Should have any questions please write our offices directly, and remember you can apply for a new grant at anytime. Since 00 The Tri- Foundation Certified Mail P-302-202-979 4/• city of eagan MEMO DATE: FEBRUARY 8, 1996 TO: CITY STAFF .FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: C.C.C.A.P. MAILBOX STUFFER A mailbox stuffer recently went out to neighborhoods surrounding the Caponi's property on Diffley road. The "Community Committee for the Caponi Art Park" flyer contained several errors including a statement that there would be a Referendum on February 27. This is not the case. Should you get a question relative to a referendum, please transfer the calls to extension 661. For your information, there is no referendum. The Advisory Parks, Recreation and Natural Resources Commission has approached the City Council about the need for a park referendum but no date nor the content of a referendum has been determined. The Advisory Commission continues to work on the content of a referendum and will be making a recommendation to the City Council. KV:cm C.C.C.A.P. EW YRIXUD8 AND WEIGEBORS WORKING FOR YOU We would love to bear from you between b0amo and 8pm. COID[ONITY AWARENE88~• • • Now is the time to voice your concern. The Caponi Art Park needs to be part of Eagan's February 27th referendum. Your support is needed to maintain _ this area as a park. Contact any City ~r.. Council member listed below by February 27th to show your support. 88l-4600 While Professor Caponi has been the loving caretaker of the 60 acre park for close to 50 years, over the past several years the City formed a partnership in the future of the Caponi Art Park. To help in the ;r= development of the Art Park there has been funding from the Metropolitan Regional Arts Council,as well as from' corporations and private parties. To date the City has provided no funding. Students not out to experi.nc. This is the purpose of including 40 the wonder of Capons Art: Park. acres of the Art Park in this referendum's agenda. These 40 wooded acres and lake southwest of Diffley We know it improves the quality of and Lexington hold the future for a life and property values too. Pavilion, Performing Arts Center and Education Building. Identity is also important in defining community pride. Apple There are limited choices if these Valley has the Minnesota Zoo. 40 acres are not included in the Bloomington has the Mall of referendum. This wooded land and lake America. Eagan's Art Park provides would no longer be a.park in partner- a cultural identity that will ship with the City of Eagan, but sold benefit everyone in our community. for development. This would be the community's first loss. The second TEE TIME IS NOW. • .PLEASE CALL YOUR loss to the community would be an CITY COUNCIL BEFORE FEBRUARY 27TH. additional 20 acres that would be donated to the park, but only if the 661-4600 City partnership succeeds and the Mayor Tom Egan.... Theodore Wachter above 40 acres becomes part of the Shawn Runter...... Patricia Avada referendum. We all enjoy green space. Sandra Masin......Tom Eedges,Adm. CeoeRnity Coowitttt for the Coponi Art P rk - 452-6330 ff. Mr. & Mrs. William 0. Vierra 1474 Kings Crest Eagan, Minnesota 55122-3815 February 10, 1996 Mr. Ken Vraa, Director Eagan Parks & Recreation 3830 Pilot Knob Road Eagan, MN 55122-0000 Dear Mr. Vraa: We were happy to see the recent article in the newspaper regarding the Eagan Ice Arena and it's financial success. The pent-up need for indoor ice time in the area is well known. We hope you will consider keeping the ice year around, and adding another sheet in the near future. Figure skaters, hockey school, learn to skate programs, public skating, even Bandy and Broomball could be a sources of income during the summer months: what better place to be on a hot, summer day or evening. The Eagan Civic Center area is centrally located and easily assessable and should be the nucleus of any additional community projects, such as an outdoor municipal swimming pool. Additional parking does need to be addressed, as even now it is insufficient. The Park and Recreation programs are all excellent, and you should be commended for helping to make living in Eagan such a positive experience. Yours truly, Bill & Paul Vierx`a 1996 ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MEETING SCHEDULE NAME Feb Mar April May June July Aug Sept Oct Nov Dec Jan 20 18 15 20 17 15 19 16 21 18 16 200 C.n.n. L.n.n. COW... am am ion RANDALL AHERN TIM CALLISTER GUY KOHLNHOFER (Alternate) GEORGE KUBIK LEE MARKELL DARYLE PETERSEN JOHN RUDOLPH DAVID SZOTT STEPHEN THOMPSON KEN TYLER MICHAEL VINCENT Recreation Sub-Committee Natural Resources Sub-Committee Land Acquisition Sub-Committee UPCOMING MEETINGS: OPEN ISSUES Feb. 20, 1996.......5:00 pm - Natural Resources Sub-committee meeting (Municipal Center) 1. Lexington Diff ey Park Naming ......6.00 pm - New Member OrientationfFrust for Public Land Workshop 2. Tour of Community Centers In other cities Feb. 26, 1996.......7:00 pm - Bond Referendum Focus Group/EAA: Muncipal Center Comm. Rm 3• /j # ' 1 F "~`'o' Feb. 27, 1996.......5:00 pm -Joint Workshop with City Council - Municipal Center