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1985
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NOVEMBER
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CITY OF EDEN PRAIRIE
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AGENDA
EDEN PRAIRIE PARKS; RECREATION AND NATURAL RESOURCES COMMISSION
NOTE: 3 P. M. TOUR OF PROPOSED ATHLETIC FACILITY SITES - meet at City Hall -
Community Services Department
MONDAY, NOVEMBER 4, 1985 7:30 P.M. SCHOOL ADMINISTRATION
BUILDING - BOARD ROOM
COMMISSION MEMBERS: Marty Jessen, chairperson; Raiford Baker, Pat
Breitenstein, Moe Cook, Gary Gonyea, Jerry
Kingrey, Charles Shaw
COMMISSION STAFF: Bob Lambert, Director of Community Services
7:30 I. ROLL CALL
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES - OCTOBER 21, 1985
IV. PETITIONS, REQUESTS AND COMMUNICATIONS
Letter from Bruce Anderson, Director of Parks and Recreation
for Mounds View
V. DEVELOPMENT PROPOSALS
7:35 A. Lions Tap/Sever Peterson Fill in Flood lain
8:00 B. Hoyt Tech 5, 6, & by Technology Park
8:30 C. Parkway Office/Service Center
VI. REPORTS OF COMMISSIONERS, BOARDS AND STAFF
A. Reports of Director of Community Services
8:40 1. Resignation of Superintendent of Recreation
8:45 B. Reports of Superintendent of Recreation
1. September Activity and Operation Update
C. Resorts of Recreation Supervisor
8:50 1. Summer Program Evaluation
a. SummerPlayground Evaluation
b. Kids Korner Evaluation & Summary
C. Special Trips & Events
d. Summer Spe lal Interest Programs
e. Speciality Camps
f. Summer Leisure Programs
g. Day Camp Summary
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D. Reports of Athletic Coordinator
9:05 1. Season Ending Reports
a. Adult Softball
b. 1985 Youth Jugs League
c. Adult Tennis
E. City Council Meeting Report
VII. OLD BUSINESS
9:15 A. Baker Road Realignment
9:30 B. Options for Providing Outdoor Athletic Facilities
VIII. NEW BUSINESS
9:50 Proposed Revisions to Park Use Ordinance
10:05 IX. ADJOURNMENT
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APPROVED MINUTES
EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
Monday, November 4, 1985 7:30 p.m. , School Board Room
COMMISSION MEMBERS PRESENT: Jerry Kingrey, acting
chairperson; Bud Baker,
Moe Cook, Gary Gonyea,
Charles Shaw
COMMISSION MEMBERS ABSENT: Pat Breitenstein, Marty Jessen
COMMISSION STAFF: Bob Lambert, Director of ;
Community Services
OTHERS PRESENT: Chuck Pappas, Superintendent of
Recreation; Jean Johnson,
Zoning Administrator
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I. ROLL CALL
The meeting was called to order at 7:35 p.m. by acting chairperson,
Jerry Kingrey.
II. APPROVAL OF AGENDA
MOTION: A motion was made by Cook to approve the agenda as mailed.
S-a seconded the motion and it passed 4-0.
III. APPROVAL OF MINUTES OF OCTOBER 21, 1985
Cook referred to the motion at the bottom of Page 3 and said he
believed the type of material to be used for the retaining wall was to
be approved by the Commission. Lambert said the wording of the motion
"per staff recommendation" means that it will be reviewed by staff
unless the Commission wishes it to be brought back to them for
approval. Cook said a review by staff would be acceptable.
MOTION: A motion was made by Gonyea to approve the minutes as mailed.
Cool seconded the motion and it passed 4-0.
IV. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Letter from Bruce Anderson Director of Parks and Recreation for
Moun sv ew
This is an information item only.
Kingrey asked if there is a file to keep letters of this type.
Lambert said yes.
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APPROVED MINUTES
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V. DEVELOPMENT PROPOSALS
A. Lion's Tap/Sever Peterson Fill in Floodplain
Refer to memo dated September 17, 1985 from Bob Lambert, Director
of Community Services, letters dated August 26, 1985 and
October 21, 1985 from the DNR, letters dated September 17, 1985 and
October 2, 1985 from the Hennepin Conservation District, staff
report dated August 23, 1985 and letters dated March 28, 1985 and
April 3, 1985 from the Lower Minnesota River Watershed District.
Lambert said this item is being continued from a previous meeting,
as we were awaiting further information from the state.
Jean Johnson, Zoning Administrator, was present at the meeting to
review the decisions made by the Planning Commission.
Johnson reported that the Hennepin Conservation District's
calculations have been done since the last meeting. 39,000 yards
of fill were deposited east of County Road 4 so instead of the 0.4
acres allowed in the grading permit the actual fill is
approximately 2.2 acres. The final calculations and comments were
needed by the DNR to finalize their findings. It is not felt that
there will be a substantial effect on the Minnesota River
floodplain and it was determined that there will not be a
measurable change either upstream or downstream. It was
recommended that the City require additional testing for further
building and hydraulic studies. It is also recommended that there
be an evacuation plan for the Petersons in case of a flood.
At the October 28 Planning Commission meeting, it was voted 4-1
that the fill be allowed to remain on the site; that there be a
land hold agreement stating that the area is to be used for
agricultural crop raising purposes only with no buildings or
machinery storage; that there be no parking on the site and that a
fence be installed at the property line. Another condition is that
the site shall not be used for any commercial purpose and no
rezoning request be considered until the site is served by City
sewer and water.
Kingrey asked if there was a date on which the county would realign
County Road 4. Johnson said that no date has been given.
Kingrey asked if the City would alleviate the problem by requiring
a right-of-way. Lambert said that probably would not make a
difference.
Kingrey said the use of the land could be put on a hold pattern
until the City has a right-of-way.
Johnson said the hold agreements have been used before, but not for
several years and she feels the City Attorney should be consulted
for his recommendations.
APPROVED MINUTES
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Lambert said there were several conditions that were considered by
the Planning Commission to leave the fill where it is, He said
that Sever Peterson's comments regarding the recommendations should
be noted.
Kingrey asked if the final Planning Staff recommendations were
included in the packet. Johnson said they were not.
Peterson explained that when the offer came for the fill to be
placed on his property, he talked to the Minnesota River Watershed
engineer who told him to what point the fill could be placed:
Permission was not received from the City, as Peterson did not
realize this was necessary. Peterson wants this site zoned as
rural only and he feels that since the studies were done, the fill
should not be considered illegal in terms of the floodplain. He
feels it is the property owner's right to fill if it does not
affect the floodplain. Peterson added that he agrees with some of
the conditions of the Planning Staffs recommendation, but he feels
that if he ever wants to rezone he has to come back to the various
boards anyway so does not feel this needs to be included in the
recommendation.
C. Johnson again reviewed the conditions of the Planning Staff
recommendation.
Peterson said he feels that a fence will not eliminate parking on
the site, but he will install a fence on the property line. He
stressed again that he wishes the land to be zoned as rural only.
Johnson added that there was no recommendation from the Riley-
Purgatory Creek-Bluff Creek Watershed District, as they had
accepted it at the time the boundaries changed.
Gonyea asked why the land cannot be left rural instead of adding
the agriculture crop use clause and why a land hold agreement was
needed. Johnson said that rural is designated as agricultural use
with one single family home per ten acres of land.
Kingrey asked if Johnson has only a verbal agreement with
Bert Noterman for the exchange of land once the road is realigned.
Peterson said yes. Kingrey asked what would happen it Noterman
decided to sell. Peterson said he may have the right to pass the
agreement on.
Lambert felt the word legal should be clarified. It is legal only
when the property owner has the approval of all the agencies. Even
though the fill is there and will not affect the floodplain, he is
concerned with the City allowing someone to fill in the floodplain
area. Lambert added that this subject was originally brought up
( when cars from the Lion's Tap were parking in the right-of-way. He
said the City could require an easement for the road or set a
price. Johnson pointed out the approved location of the
realignment and the right of way on the plan.
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Kingrey said he feels that everyone he has spoken to wants to make
sure that Peterson is not in a better situation than he was before
the fill was added, especially since it was not done legally.
Shaw said he feels that there are some benefits to both parties
since hauling the fill across the road was certainly cheaper than
hauling it away and that possibly Peterson would have a benefit
from the extra land. He added that the violation probably occurred
when it got to late in the year to haul fill and they just kept
adding to the original fill. Shaw does not feel the City should
allow permit violations. He would be interested in seeing both
participants at the same time.
Kingrey asked if Noterman has been present at any of the meetings.
Johnson said he has been at several Planning Commission meetings.
Cook asked who got the permit for the original fill. Johnson said
it was probably the excavators working for Noterman. Peterson said
he wanted the record to show that he did accept the fill since he
thought everything was legal.
Kingrey asked if Peterson has paid for the fill. Peterson said no.
Kingrey said he does not see a benefit in fining the two parties,
but feels Peterson and Noterman should be required to dedicate the
right-of-way to the City as compensation.
Peterson said the engineer had shown him the line to where fill
could be added and this is what they did.
Lambert said he had no specific recommendation for this case.
However, he saw it as two questions that should be answered: 1.
Would the Commission approve a request for the fill if the request
came prior to the action? 2. Does the Commission feel it is
appropriate to take some action to reprimand the applicants for the
illegal action?
Peterson said the only requests he has are that land is zoned as
rural only, that he has the right to apply for rezoning and if the
City has concerns about parking on the site, he will install a
fence.
MOTION: A motion was made by Gonyea to recommend approval of the
fill permit with the condition that a fence will be installed to
eliminate safety hazards and parking on the site. Baker seconded
the motion. Cook said he felt the permit should be approved with
all the conditions the Planning Staff recommended. The motion
passed 4-1.
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B. Hoyt Tech 5, 6 & 7 by Technology Park
Refer to staff report dated October 25, 1985.
Brad Hoyt was present at the meeting to review the revisions of the
development plan for Technology Park 5, 6 and 7. Hoyt said that
the development will consist of three buildings of which the Tech 7
building is of the most concern because of its location near the
wooded knoll. The buildings will be typical office showroom
buildings. None of the buildings will affect Nine Mile Creek and ±'
there is not much vegetation on the north side of the knoll.. The
road through the site has been relocated 120 feet to the west.
Hoyt said the larger trees on the south side of the knoll consist
mainly of oak.
Kingrey asked if the location of the road is near to where the
Commission suggested it be. Hoyt said that the road has been
relocated even further to the west than was requested.
Hoyt reviewed the original plan and subsequent revisions which have
been made showing the development plans for each change. The first
plan showed tiered office buildings located on the east slope of
the hill. This plan was based on the condition that the hill could
be removed. The next revision moved the road and put the buildings
Into the hill. This plan also did not work out so the buildings
were moved away from the slope. The final plan shows a five story
building. There are large oaks trees in this area, but Hoyt feels
they can be used to their advantage. A two story parking ramp with
an open front-end was also planned, but this also caused a problem.
The City requested that the developer bury the ramp, but the
developer would rather use high bermings and hide the ramp from
sight. This final plan has been approved by the Planning ,
Commission.
Hoyt also reviewed the types of plantings that will be used on
site. All plantings will be a minimum of 14 feet high,
Lambert asked Hoyt to show the location of the path on the
development plan. Hoyt pointed out its location. Lambert
suggested that perhaps a loop system would work out and that
perhaps a picnic area could be added.
Kingrey asked what type of material would be used for the retaining
walls. Hoyt said some would be timbers and some concrete.
Kingrey asked Hoyt to comment on the possibility of a loop trail
system. Hoyt said he feels the area would be too steep for a
picnic area. Lambert said that maybe it would be best to leave the
area in its natural condition.
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Kingrey asked if Lambert's recommendations were the same as the
Planning Commission. Lambert said yes.
MOTION: A motion was made by Cook to approve Technology 5, 6 and 7
per the October 25 staff report. Baker seconded the motion and it
passed 5-0.
Shaw noted the 14 foot minimum height for plantings. Lambert said
this was included in the staff recommendations.
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Lambert added that he felt the developer was being very generous in
dedicating the outlots to the City when it is not required.
C. Parkway Office/Service Center
Refer to staff report dated October 25, 1985.
Lambert said he did not feel it was necessary for Don Brauer to
attend the meeting. The Major Media office building will be moved
to Highway 169 and Anderson Lakes Parkway. There is a trail
located along the south side of Anderson Lakes Parkway and the
C developer will provide a 5' sidewalk along Anderson Lakes Parkway
extending to Darnell Court. Grading near the pond on the north end
of the site will be done only after erosion control measures have
been installed. The revised grading plan has been approved by the
Planning Commission.
MOTION: Baker moved to recommend approval of the Parkway
0 ce Service Center per staff recommendation. Shaw seconded the
motion and it passed 5-0.
VI. REPORTS OF COMMISSIONERS, BOARDS AND STAFF
A. Reports of Director of Community Services
1. Resignation of Superintendent of Recreation
Refer to memo dated October 30, 1985 from Bob Lambert, Director
of Community Services.
Lambert congratulated Chuck Pappas on his new career and
thanked him for the outstanding job he has done for the City in
the past four and one-half years. He added that they are
advertising the position, but it will probably be December or
January before it is filled. i
Gonyea asked who would be in charge until a replacement is
found. Lambert said that various people, including
( Sandra Werts and Tom Eastman, would be helping out.
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APPROVED MINUTES
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B. Reports of Superintendent of Recreation
1. September Activity and Operation Update
This is an information item only.
Pappas said that the October report will be ready for the next
meeting and will show month, year-to-date and year-to-date for
last year as Cook requested.
Kingrey asked if there is any news on the litigation. Pappas
said that Twin City Testing tried several types of sealer and
the results should be known shortly.
C. Reports of Recreation Supervisor
1. Summer Program Evaluation
a. Summer Playground Evaluation
This is an information item only.
C. b. Kids Korner Evaluation & Summary
This is an information item only.
c. S2ecial Trips & Events
This is an information item only.
d. Summer Special Interest Programs
This is an information item only.
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e. Specialty Camps
This is an information item only.
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f. Summer Leisure Programs
This is an information item only.
g. Day Camp Summary
This is an information item only.
Cook asked if the recommendations that were made will be
reviewed next year. Lambert said yes.
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APPROVED MINUTES
EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Nov. .4, 1985
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D. Reports of Athletic Coordinator
1. Season Ending Reports
a. Adult Softball
This is an information item only.
b. 1985 Youth Jugs League
This is an information item only.
c. Adult Tennis
" This is an information item only.
E. City Council Meeting Report
Lambert reported that there were no parks and recreation issues
discussed at the last meeting. The recommendation to approve the
Purgatory Creek recreation plan area will be discussed at the next
meeting.
VII. OLD BUSINESS
A. Baker Road Alignment
Refer to memo dated October 30, 1985 from Bob Lambert, Director of
Community Services.
This subject was reviewed by the Commission at the last meeting.
It was requested that staff look more closely at the Forest Hills
School's need for the softball field and the potential problems
with HUD since HUD money was used to acquire the lands
Lambert said that staff spoke with Bob Hallett, Principal of Forest
Hills School who feels that the softball field is very important to
the school. Hallett also supports an underpass to allow safe
access to the school.
Lambert reported that the HUD staff said the road could be moved to
the west and north with the realignment of the gravel access road
into the floodplain. The softball field's home plate will be where
third base is at this time. A chain link fence may be required
along Baker Road so balls do not enter the street from the softball
field.
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The possibility of building an underpass was also discussed. It was
indicated at the last meeting that the School District and City
Council did not support the underpass. However, Dick Anderson said
no final decision has been made.
Lambert said that each bus route costs $10,000 per year to run and
that if the underpass were approved, perhaps at least one bus route
could be eliminated. He added that staff should be supporting a
safe access to the school and he feels that an underpass would be
safe and would be used since it is such a direct route to the
school. Lambert has talked to the public safety departments in
both Edina and Bloomington regarding underpasses. Bloomington does
not have an underpass. At the present time, Eden Prairie has
seven. The estimated cost of an underpass would be $70,000.
Kingrey discussed the possibility of a traffic light at Cardinal
Creek and Baker Road or having someone directing kids across the
intersection.
Baker said he feels the underpass would be a good investment,
especially if bus routes can be eliminated.
CKingrey felt it would be a good idea to take a survey of the
residents in the area asking their opinion on an underpass, traffic
lights, etc.
MOTION: Gonyea moved to recommend approval of the construction of
ananunlighted underpass, to move the ballfield and realign the
access road and construct a chain link fence along Baker Road.
Cook seconded the motion and it passed 5-0.
Kingrey asked if there was any interest in a survey as mentioned
earlier. There was no interest shown.
B. Options for Providing Outdoor Athletic Facilities
Refer to memo dated October 30, 1985 from Bob Lambert, Director of
Community Services.
The Commission members toured the site options for the location of
additional outdoor athletic facilities. After review, several
options were eliminated. Lambert recommends the Commission
consider the acquisition of 25 acres east of Miller Park which
would be used for six lighted soccer fields and six lighted youth
baseball fields and an additional 30 acres at the intersection of
County Road 1 and Spring Road for six lighted softball fields.
This option would take care of needs through 1995-2000. At this
point, the Commission could approve this plan and invite the
( athletic associations and residents to a future meeting to explain
APPROVED MINUTES
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the plan and answer any questions they may have. The plan would
then go to the City Council for their approval of the revisions and
additions to the original Miller Park plan. This plan would
probably require a bond referendum in 1987.
Baker asked what impact the acquisition of the additional 30 acres
would have on the plan. Lambert pointed it out on the concept
plan.
MOTION: A motion was made by Cook to eliminate all other options
under consideration and recommend approval of the acquisition of 25
acres east of Miller Park and 30 acres at the intersection of
County Road 1 and Spring Road. Shaw seconded the motion and it
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passed 5-0.
VIII. NEW BUSINESS
A. Proposed Revisions to Park Use Ordinance
Refer to memo dated October 30, 1985 from Bob Lambert, Director of
Community Services.
Lambert said there have been some revisions and new language used
in the park use ordinance to make it clearer.
Baker asked what the penalty is for disobeying the ordinance:
Lambert said it is considered a petty misdemeanor.
Cook referred to the wording in Item 0 on Page 3 of the ordinance
and said he felt it was confusing. Lambert said this item refers
to Round Lake particularly and asked if adding the word "free" j
before skating rinks would clarify it. Cook said yes:
Baker asked what the penalty is for a petty misdemeanor. Lambert
said it is up to a $100.
Baker asked how this information will be passed along to the
public. Lambert said signs could be put up at various locations.
Baker referred to Item X on Page 4 and asked where someone can get
a permit. Lambert said permits are available at City Hall.
Pappas commented on private tennis lessons that are sometimes
conducted on public courts and asked if this could be covered under .�
Item R. The wording in Item R will be changed to read "Sell or i
offer for sale any article, thing, or service.. ."
MOTION: Shaw moved to recommend approval of the amended park use j
( o-rrin—an ce. Cook seconded the motion and it passed 5-0.
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APPROVED MINUTES
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EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Nov. 4, 1985
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IX. ADJOURNMENT
MOTION: A motion was made by Gonyea to adjourn the meeting at
30e5U p.m. Cook seconded the motion and it passed 5-0.
Respectfully submitted,
Lois Boettcher
Recording Secretary
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