HomeMy WebLinkAboutParks and Recreation - 04/18/1994 `1
1994
1
A III
IL 18
1._
MINUTES
CITY OF EDEN PRAIRIE
t"i
z
AGENDA
EDEN PRAIRIE PARKS, RECREATION & NATURAL RESOURCES COMMISSION
MONDAY, APRIL 18, 1994 7:00 P. M. CITY CENTER
8080 MITCHELL ROAD
COUNCIL CHAMBERS
COMMISSION MEMBERS: Diane Popovich Lynch, Chair; Bruce Bowman, Richard
Brown, Claire Hilgeman, Vicki Koenig, David Kracum,
Joanne Kube-Harderwijk
STUDENT MEMBER: Mark Bremer
COMMISSION STAFF: Robert A. Lambert, Director of Parks, Recreation and
Natural Resources; Barbara Penning Cross, Landscape
Architect; Stuart A. Fox, Manager of Parks and Natural
Resources; Laurie Helling, Manager of Recreation
Services
I. ROLL CALL
i
it
r II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES OF MARCH 21 1994
IV. PETITIONS REQUESTS AND COMMUNICATIONS
A. Eden Lake Elementary School Request for Nature Trail
B. Request for a Permit for a Retraceable Slalom Course on Bryant ake a
V. DEVELOPMENT PROPOSALS
A. None
VI. OLD BUSINESS
�I
A. Deer Study Report
B. Option Agreement for Charlson Property,
C. Appoint Housing and 4nrial Services C'ommittep Representative from Parks.
Recreation and Natural Resources Commission
D. Annrove Bids for Riley rake party Construction
VII. NEW BUSINESS
( A. None
VIIl. ADJOURf-qMENT
parkag/Bob60
APPROVED MINUTES
EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
MONDAY, APRIL 1 S, 1994 7:00 P.M. CITY CENTER
COUNCIL CHAMBERS
COMMISSION MEMBERS PRESENT: David Kracum, Bruce Bowman, Richard Brown,
Claire Hilgeman, Vicki Koenig, Joanne Kube-
Hardcrwijk
COMMISSION MEMBERS ABSENT: Diane Popovich Lynch
STUDENT MEMBER: Mark Bremer
COMMISSION STAFF: Robert A. Lambert, Director of Parks, Recreation
and Natural Resources; Stuart A. Fox, Manager of
Parks and Natural Resources; Barbara Penning
Cross, Landscape Architect
I. ROLL CAL
The meeting was called to order at 7:05 p.m, by Vice-Chair, Bruce Bowman.
II. APPROVAL OF AGENDA
Bowman stated that the Grant Hussey Memorial Update would be added to the agenda.
Seconded by Kube-Harderwijk. Motion passed 6 - 0.
111. APPROVAL OF MINUTES - March 21 1994
Moved by Hilgeman, seconded by Brown with corrections to V.A. paragraph 3 (page 4)
to read "when we �Y to approve a 1.95 million dollar Natural Resource,
Referendum." Koenig moved to add to the motion in V.A., "Motion passed 7 - 0.
Motion passed 5 - 0; 1 abstention.
IV. PETITIONS. REQUESTS AND COMMUNICATIONS
A. Eden Lake Elcmentary School Reoues+ for Nature Trail - Cross indicated that the
request was for a nature trail on City Property and introduced Bob Hallett,
Principal of Eden Lake School. He stated they had a Naturalist in about a year
ago. He met with students and teachers and proposed some ideas on how they
could make use of all the natural resources they have. Hallett introduced Mr.
Mark Brown.
Mark Brown had 3 points to cover: description, how the project relates to
curriculum and cost. He pointed out the area requested for the trail on the screen
t map. The trail would be 5 feet wide. They would also develop two outdoor
1
Approved Minutes
Park, Recreation and Natural Resources Commission
Monday, April 18, 1994
classrooms using benches and platforms in a natural setting. Community
volunteers, teachers and students would help put the project together. Access and
safety are a concern in setting up the trail. Bowman asked if any trees would be
impacted by the trail. Brown said there are a few dead trees that need to be cut
down. The path is designed to follow the natural lay of the land. They want to
keep the area as natural as possible. Bowman stated he completely endorses this
project.
Dick Brown asked if the trail would impact marsh lands. Mark Brown said there
is a lot of tall grass but little marsh. There's a slight area that they would need to
cut through for the trail. Cross injected that it's a low area. Eden Lake is a
storm/water pond for the Shopping Center and is not a DNR protected wetland.
Cross indicated they would be working with the DNR and Watershed District in
case they need permits. Hilgeman thinks this is a fantastic opportunity; the "in
thing" to use natural land for school activities. Koenig wondered if the northern
most part of the trail would follow the embankment. Mark Brown said the trail
would be 50 - 60 feet from the tower and away from the embankment. Kube-
Harderwijk thinks it's an excellent idea. Bowman asked what the time frame
would be for completion of the project. Mark Brown said the trail would be
started this Spring and finished in the Fall.
MOTION: Moved by Hilgeman, seconded by Koenig to recommend approval of
the request from Eden Lake Elementary School for a Nature Trail on City
property. Motion passed 7 - 0.
B. Grant Hussey Memorial Update - Fox indicated that the members of the Parks
Commission in January petitioned approval of an amendment to a scenic easement
on private property for the Grant Hussey Memorial. After several discussions,
they settled on trying to do a planting in Staring Lake Park in the "y"area below
the amphitheater. They would like a bench and landscaping around it with low
maintenance plants, flowers and shrubs. The approximate size is 650 square feet.
Brown asked who would maintain it. Lambert indicated the City would be
responsible but that any volunteers requesting to maintain it would be allowed to
do so.
MOTION: Moved by Brown, seconded by Hilgeman to approve the new location
of the Grant Hussey Memorial as proposed. Motion passed 6 - 0.
C. Rcnuest for a Permit for a Retractable Slalom Course on Bryant Lake - Lambert
stated that Mr Gibbs' initial request was in January (1994). A formal request was
submitted in March, 1994. In following City ordinances, a Notice of Public
2
Low
Approved Minutes
Park, Recreation and Natural Resources Commission
Monday, April 18, 1994
Hearing was published in the Eden Prairie News, and letters were sent to Bryant n
Lake residents.
Lambert read two more letters he received today; one from Theodore Vickerman
approving the request and from James C.Duncan opposing the request. Ten other
letters have been received opposing the installation of the course and one in favor
of it. There have also been one or two telephone calls in favor of installation and
an equal number in opposition of the installation, mainly from lake residents.
Lambert introduced Mr. Gibbs.
Gibbs indicated that he has talked to residents closest to the location of the
proposed installation. He handed Commission members and staff a copy of
signatures of 12 residents that support the installation. In the past he has used a
portable Slalom course that takes about 45 minutes each to set up and to take
down. He is requesting permission to install a permanent course that would be
submerged when not in use and then raised again to use it. Residents would be
allowed to use it for recreational purposes. He would use it 2 or 3 times a week,
usually from 8 - 10 am and in the evening about 7 p.m, or later. Typically the
course is used only when there aren't any other boats on the lake. If there are
fisherman on the lake,he stops and talks to them and lets them know what's going
on.
His response to lake shore erosion from the skiers was that he would use the lake
whether or not the course was permanently installed or not. It won't limit use of
the lake since he doesn't ski when there are other boats or users on the lake. It
needs to be quiet. The course won't be up if there's a lot of traffic. He's invited
neighbors to use the course and offered to teach them to water ski. Only residents
would have access to the course; no outside users would be allowed.
Another problem that has been voiced is that 5:30 - 6:00 a.m. time creates noise
for the residents. This is true and he's recommending a time that's acceptable.
There are also non-residents (of the lake) creating noise dropping their boats in.
Bowman said he understood that Gibbs did want to work with others on the lake
concerning hours. How would he control those hours? Gibbs indicated he has
discussed the hours with the residents on Beach road and they don't have a
problem with the 6:30 a.m. time. He's mentioning a 7:30 - 8:00 a.m. time frame
which would be more acceptable to others on the lake. Currently there's noise
when setting up the temporary course about 45 minutes before they actually ski.
Bowman asked Lambert if there were any restrictions on hours when the lake can
be used for power boats or will the park be open 24 hours a day. Hours are
usually sunrise to sunset, Lambert replied.
Bowman inquired if there were restrictions on portable buoys. Lambert said
temporary marker buoys don't require a permit unless left up overnight. Kracu n
3
Approved Minutes
Park, Recreation and Natural Resources Commission
Monday, April 18, 1994
asked if there were any restrictions on size of boats or engines. Lambert
responded that there's no limit to size of boat or engine, but there is a 20 mph
speed limit in force on Sundays and holidays. The Water Patrol would be needed
to enforce this and they have a limited number of people. Bowman inquired as
to the position of the structure and that there would be only about a 20 feet
variation for the structure to fit the ordinance guidelines. Gibbs indicated he
talked to Lambert and that they may need to go out 200 feet to make it work.
Lambert indicated that to go out more than 200 feet would require a variance on
the permit. Bowman is concerned about installation and that it may take several
tries to get the course in place; pulling it up and down would disturb the bottom.
There would also be some disturbance in the initial setup. Gibbs said anchors
would hold it in place. There are 6 buoys, 4 feet above the water and 3 anchors.
Kracum inquired as to what the highest point below the surface buoys will be
when fully retracted. Gibbs said 6 feet in 12 feet of water. Someone would need
to dive 15 feet to touch the PVC. Kracum wondered if there were courses on any
other lakes. Gibbs named several in the area including Lotus and Christmas.
Koenig voiced concern over the shallow depth of Bryant and what the
environmental impact on the bottom might be and what the average horsepower
of the boats were. Fishing boats are 10 - 20 horsepower. Gibbs boat is 240
horsepower and the 4 or 5 other people who will use the course will use his boat.
Whether they free ski or ski with the course, nothing changes. Ski traffic
probably won't increase because the neighbors already ski and the course would
just provide them with a safe environment.
Hilgcman commented that the request was a matter of convenience for him.
Gibbs said there was no question about that,but the course would be in one place
and wouldn't move around. Everyone will know where it is. Brown wondered
how far out the portable slalom is set up now. Gibbs indicated it depends which
direction the winds are from; typically 200 - 400 feet from shore. Recreational
skiers usually go in circles or down middle to lake. A competitive skier will ski
close to shore where water is quiet.
Brown asked if the slalom is approved, who is liable if anything happens; if it's
set up and the people who use it lack skill and instructions. Kracum said in his
research he found other cities require the applicant to provide liability insurance.
Brown was still concerned over public use of the course. Gibbs indicated that he
has used the portable course for 3 years. He always checked the capabilities of
other users. There's nothing to get hurt on when the course is up. Nothing to fall
on.
Brown wanted to know who gave him the verbal permission to put up the course
C as indicated in the March 2 letter. Gibbs stated that it was from the Hennepin
Approved Minutes
Park, Recreation and Natural Resources Commission
Monday, April 18, 1994
County Water Patrol. Gibbs stated that the permanent course is the same size as
the portable one.
Kracum encourages all those who came to speak to do so. Much of decision will
be based on testimonials, calls and letters.
,Tim Duncan - Gibbs has a petition of 12 people in favor of course. There are 7
in the audience opposed plus another 10 letters and telephone calls. If he had time
to get on the phone he would get at least another 20 oppositions. High speed
boats for a small lake. The course cuts the lake in half, there are narrow passes
where the course is to be set up. The 240 horsepower scares the wildlife when
they arc feeding. How many animals are nin off and nests destroyed? The
sediment build up near his property has gone from 1 foot to 2 1/2 feet in the 7
years he's lived there. He thinks there should be a movement to restrict high
power boats on all lakes. This should be closed throttle area. He's against high
power boats on Bryant.
Bob Franzen - He has been boating when the temporary course was up. It's a
small lake. He sees it as a private project. Gibbs is saying that other people can
use it but not a lot of people water ski. What if others want water polo, jet ski
slolam, etc? It's a pandora's box. The wave action of power boats is a serious
threat to erosion. This project has no public benefit.
Lgura Blummel - Asked who owns the lake? Lambert said 1/3 of lake shore is
owned by Hennepin Parks, which is a public government body. The lake is
public. What is square footage of the course? Bowman said about 80,000 sq ft.
This is about 2 acres out of 160 acres of lake, Lambert added. Why is he
choosing this place? Hilgeman injected because that's where he lives. She doesn't
think a private party should be able to reserve a large part of the lake. Who will
arbritrate the problems? What is the City's liability?
Joe Gardner - Stated he's fed up with all kinds of power boats on Bryant Lake.
Power boats and Skiing are an invasive thing. Bryant is a quiet lake. He's
bothered by all boats on the lake.
John Vangieson - Met Mr. Gibbs 4 years ago. He owns a 240 horsepower boat.
It's a safe boat. Mr. Gibbs taught him a few things about water skiing. The bass
fishing boats on the lake have horsepower between 125 - 200. Water skiers go
no faster than 44 mph. Lake is too crowded. Should limit number of boats to
5 - 10. Trailer space now is for 20-25 boats. Knows of at least 4 other portable
courses on the lake. Fisherman with bass boats are noiser than water skiers and
so are jet skiiers. He was a skiier before he met Mr. Gibbs. He hopes the
Commission aproves the request.
5
,r
Approved Minutes
Park, Recreation and Natural Resources Commission
Monday, April 18, 1994
Denny Nesbitt- Been on the lake for 45 years. Has met Mr. Gibbs. He's a very
accommodating man; a gentleman on the lake. He's not the problem. Other
people who think they own the lake are. Jet skiers are a problem. Wants
everyone to use the lake with consideration for all others. Lot of abuse on the
lake., Even a seaplane uses the lake. 'We should be looking at the public safety
of the whole lake.
Bart Knutson - Lived on the lake for 20 years. Never saw wildlife distrubed in
20 years, except maybe a bird flying. They are used to the environment there.
Speed boats aren't chasing them away. Supports a permantent course. Thinks
denial won't climanate water ski usage. Everybody has different demands and
views.
Ed Schuck - He's a Nine Mile Creek Watershed Manager. He owns a power boat
and has come to the conclusion that those on the lake with power boats are the
problem. " We are taking a jewel and not using it very well." Mr. Gibbs has good
intentions. Neighbors think highly of him. Need to do something about the
speed. He has lost 3 1/2 feet of shoreline in 7 years. Must look at what we're
doing to this resource. City must take a hard look at horsepower and speed on the
lake. We can't go ahead with this proposal. Thinks a lot of them will have to
give up a lot of what they're doing to save the lake.
Dan Grote - His concern is that of preservation and water quality. Would like to
see Bryant without any power boats. Asked what are we doing with this natural
resource? Asked Lambert to share the DNR letter. Lambert indicated letter wasn't
from the DNR but from Hennepin Parks. Results of a 1979 study indicate it
depends on water depth, the speed and what kind of lake bottom it is --muddy or
gravel, etc. In IS feet of water or shallower, the higher power boats do more
damage to the lake bottom. A study of the Mississippi River showed power boats
did more damage to shoreline than barges because of wave action.
Jim McNeill - The portable courses were left up overnight last year. Permanent
or portable courses don't belong on this lake. The lake shouldn't be tied up for
anyone's personal use. Can't use public land this way. People who live on the
lake may think it's "our" lake. But it belongs to the general public. Proposal
should be denied.
Greg Sumner - (St. Paul) He fishes on the lake. It's a quite lake. He uses a 24
volt trolling motor and fishes in 20 feet of water. There is good fishing where
the course installation is proposed. He questions the liability for someone having
something permanent in a lake.
J. D. Tuttle - He wrote a letter covering most of the points made here tonight
except one. Who supervises to see that the course is pulled below the water. If
it's not, who enforces the regulation? He also questions the depth of the lake.
6
� 1 1
Approved Minutes
Park, Recreation and Natural Resources Commission
Monday, April 18, 1994
Jim Rose-He says we need mutual respect for those who live on the lake and for
those who utilize the lake. He thinks it's a benefit to having an organized sport
on the lake.
Bowman indicated the Commission will vote on the issue tonight. It goes before
the City Council on Tuesday and the same process as tonight will be followed.
Claire indicated the problem has two sides. There's the emotional aspect. She's
heard from testimony that Mr. Gibbs is a respectful sportsman. This isn't the issue
here. A permanent water ski course would encourge more skiing on the lake
causing more destruction. We have to look at future limiting of motor use on the
lake. City Ordinence, Subdivision 3. prohibits permanent waterski courses. How
can we approve the rights of one over the rights of the public, especially when
Bryant Lake Park expands? When do we say an individuals right supersedes the
rights of the public. This doesn't benefit a great number of people. Subdivision
3.L. has 8 factors and only two of these could be answered "No" with respect to
a permanent course. If we don't look at the emotional side of this and just look
at the ordinances then we must deny the request. He can still waterski. It's just
that he'll have to enjoy his sport the same way he always has.
Brown restated that there arc 6 factors in the ordinance that this installation doesn't
meet. He questions if this should be a motorized lake.
Kracum said we should resist the temptation to make this decision on the basis we
want to send a message that we're not happy with power boat usage on the lake.
Are we giving a private group a superior interest in a public place? He's not
convicnced that if we deny this request, it will promote preservation of the lake.
He's not convicnced that motor boat usage would increase with approval of this
proposal.
Kube-Harderwijk thinks if course were smaller, it wouldn't be a problem. A
course this large cuts down on other lake usage.
MOTION: Moved by Hilgeman, seconded by Koenig that we deny approval of
the request for a permit for a retractable slalom course on Bryant Lake for concern
about allowing a private citizen preferential use of public water, concem about
increased destruction of shoreland, increase in turbidity and it doesn't meet a
significant number of ordinance factors in the regulations of structures within the
lake. Motion passes 6 - 0.
V. DEVELOPMENT PROPOSALS
CA. None
7
.. -. .,
Approved Minutes
Park, Recreation and Natural Resources Commission
Monday, April 18, 1994
4
VI. OLD BUSINESS
A. Deer Study Relo_rt,- Fox briefly read through the 8 Committee recommendations:
Planning - page 19, Education - pg 20, Artificial Feeding - page 21, Traffic
Safety- page 22, Non-lethal methods-page 23,Non-lethal management options -
page 25 , Deer Management-page 26 and Hunting-page 28. Comments were
opened to the public.
Grayson Tuck - He's had up to 12 deer in his back yard. Urges City to control
deer. There's also problems with traffic and deer tick. Hilgeman asked if he's had
any damage. Yes, a lot monitarily.
Laura Plummel - Like to see the deer. Is report available to read? Fox indicates
that it will be. She said some areas could sustain more than the 25 deer
recommended. Where are areas that kill will take place? We would probably be
going the those areas where more deer could be sustained because of the safety
involved in a killing. When it comes to traffic safety, we should be cracking
down on the drivers, not the deer. Public needs to protect themselves. When we
do a kill, is there a selection process? Who pays for this. If displacement is by
development, then maybe we should support a fee to a developer.* With respect
to feeding deer, she has a hard time telling people what they can/can't do on their
Lown property.
Sue Mock - She was on the deer study committee. Thinks the non-lethal/birth
control methods should be revisted on a yearly basis and should be used if
possible. She prefers sharpshooting over hunting; when deer are hunted, a group
of private citizens are involved. We must make sure we aren't shooting a doe and
are taking out the weaker ones. She recommends use of a citizens committee to
regulate sharp shooting.
MOTION: Moved by Brown, seconded by Kracum to approve the Deer Study
Committee Report and forward it to the City Council. Some corrrections in the
Deer Study Report were stated by Koenig as follows: page 24.D. Second sentence
should read "less expensive" and not "less effective". Same correction applies to
page 12, Temporary Electric Fence, second sentence. Page 10, second paragraph,
first sentence should read "land" instead of "wildlife". With these corrections
stated, the Motion passed 6 - 0.
B. Qntiioon Agreement for Charlton PronclU - Lambert stated that the agreement has
already been signed.
MOTION: Moved by Hilgeman seconded by Koenig to recommend approval of
the Option Agreement between the City of Eden Prairie and Charlson per staff
r request of April 19, 1994. Motion passed 6 - 0.
8
I ,
Approved Minutes
Park, Recreation and Natural Resources Commission
Monday, April 18, 1994
C. Appoint Housing and Social Services Committee Representative from Parks
Recreation and Natural Resources Commission-Cross indicated the need to select
one person from this Committee to serve on the Housing and Social Services
Study Group. Discussion among the Committe followed with Koenig and Kube-
Harderwijk volunteering as member and alternate members.
MOTION: Moved by Hilgeman, seconded by Brown that Vicki Koenig be the
PRNR Committee Member to be appointed to the Housing and Social Services
Study Group and that Joanne Kube-Harderwijk be the alternate. Motion passed
6 - 0.
D. Approve Bids for Riley Lake Park Construction - Cross indicated there are 11 bid
ranging from $500,140 to $649,000. The lowest dirt removal bid was .87 per
square yard. Cross indicated we go with the lowest bidder. Koenig questioned
the high bid on the basketball court for the lowest bidder. Cross stated that it was
high,but the bottom line is that they're the lowest bidder. Lambert restated points
in his memo of 4 - 19 - 94 regrading the Lake Riley Development Funding.
MOTION: Moved by Brown, seconded by Hilgeman to recommend the Lake
Riley construction bid and for the sanitary sewer connection as proposed. Motion
passed 6 - 0.
VII. NEW BUSINESS
A. Natural Resource Video Screening - Cook introduced the video that she and
Terry Kucera developed. The video was viewed. Everyone thought it was a great
video. Beautiful pictures. Was hard to hear the voice over the music. Tone the
music down.
Vill. ADJOURNMENT
MOTION: Moved by Hilgeman to adjourn at 9:55. Seconded.
Respectfully submitted,
Bev Draves ,
Recording Secretary
9
AGENDA
EDEN PRAIRIE PARKS, RECREATION & NATURAL RESOURCES COMMISSION
MONDAY, MAY 2, 1994 7:00 P. M. CITY CENTER
8080 MITCHELL,ROAD
COUNCIL CHAMBERS
COMMISSION MEMBERS: Diane Popovich Lynch, Chair; Bruce Bowman, Richard
Brown, Claire Hilgeman, Vicki Koenig, David Kracum,
Joanne Kube-Harderwijk
STUDENT MEMBER: Mark Bremer
COMMISSION STAFF: Robert A. Lambert, Director of Parks, Recreation and
Natural Resources; Barbara Penning Cross, Landscape
Architect; Stuart A. Fox, Manager of Parks and Natural
Resources; Laurie Helling, Manager of Recreation
Services
I. ROLL CALL
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES OF APRIL 18. 1994
IV. PETITIONS REQUESTS AND COMMUNICATIONS
A. Utter from Paul Becker RE: Elite Team Use of City Facilities
V. OLD BUSINESS
A. None
VI. NEW BUSINESS
A. Recommend Awarding Bid for Miller Park Landscape flan
VII. REPORTS OF COMMISSIONERS AND STAFF
A. Reports of Manager of Parks and Natural_Resources
1. Arbor Day-Resolution
ff B. Reports of Manager of Recreation Services
4. .
1. Resolution for Senior Awareness Week
w
C. Reports of Community Center Manager
1. Rgquest to Transfer Funds Within the 1994 Budget
VIII. ADJOURNMENT
parkag/Bob60
Ic
i
1
•t.
'�:, _�",. ...v� ,,.•..... .. ,. ........v r_ _ _ _ _ ..F.^'N%n:lG'Y"I!:bX. ':.4`4'�H-i"o