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Parks and Recreation - 03/18/1996 s of V i a 1996 March 18 MINUTES Parks, Recreation & Natural Resources Commission y CITY OF EDEN PRAIRIE ti AGENDA i PARKS,RECREATION AND NATURAL RESOURCES COMMISSION MONDAV,MARCH 18,1996 7:00 P.M.CITY CENTER 8080 MITCHELL ROAD COUNCIL CHAMBERS I COMMISSION MEMBERS: Claire Flilgeman, Chair. Bruce Bowman, Richard Brown, Don Jacobson,Vicki Kocning,David Kracum,Joanne Kubc- I Iardcrwijk i STUDENT MEMBERS: Mark Bremer,Emily Hanka COMMISSION STAFF: Robert A. Lambert, Director of Parks. Recreation and Natural Resources: Stuart A. Fox, Manager of Parks and 1 Natural Resources; Laurie I-Iclling, Manager of Recreation j Services i I. ROLL CALL II. APPROVAL OF AGENDA ILL APPROVAL,OF MINUTES -MARCI-1 4. 1996 IV. PETITIONS.REQUESTS AND COMMUNICATIONS ;i A. None V. DEVELOPMENT PROPOSALS ] 3 A. Lakeview Off-ice B. Impact Marketing C. Flying Cloud Business Ccntcr +I VI. OI )BUSINESS A. Duck Lake Surface Management Ordinance + 13. 191k Connnission Work Plan and Fivc-Vent CIP Update I I I VII. NEW BUSING A. Shorclan I MnnaLcmcnt Or linanc R vi�iom B. Trcc Preservation Or(Iinap V111. REPORTS OF CIMMIS IONt'RS AND TAI F A. RCDorts of Director of Parks,Rccrcatjon and f arit'r' l• RCR4rt on McMinn wjth Athlr(' Acsn iatinn Prn 'i , n ADA Bc+nons,bi I,ncc 2. Miller Park SkatinL Rink Jn iat 3• Bilcv-Pureatory Bluff rcnk wn( ,•t, d District approval or rcevtt , L'ttreatorvs reek Rccr�ation Arca Entry and Revjted Proicct Bud(}c� IX. ADJOURNMENT purknEJIw69G 17 S I 1 s l APPROVED MINUTES EDEN PRAIRIE PARKS,RECREATION AND NATURAL RESOURCES MONDAY,MARCH 18, 1996 7:00 P.M. Council Chambers 8080 Mitchell Road COMMISSION MEMBERS PRESENT: Claire Hiigeman, Chair; Bruce Bowman, Richard Brown,Vicki Koenig i COMMISSION MEMBERS ABSENT: Don Jacobson, David Kracum, Joanne Kube-Harderwijk i r STUDENT MEMBERS PRESENT: Emily Hanka STAFF LIAISON: Robert A. Lambert, Director of Parks, Recreation and Natural Resources;Stuart A. Fox, Manager of Parks and Natural Resources; Laurie Helling, Manager of Recreation Services; Elinda Bahley, Recording Secretary 1. ROLL CALL The meeting was called to order at 7:00 p.m by Chair Hilgcman. Commissioners I Jacobson,Kracum,and Kubc-Harderwijk were absent from this evening's meeting. ! Brown excused himself at 9:30 p.m. i Lyndcll Frye introduced Jennifer( )and( )who were sitting in on the meeting ! because they are completing their internship from school. i 11. APPROVAL OF AGENDA i MOTION: Koenig moved,seconded by Brown to approve the agenda as published. Motion carried 4-0-0. J 111. APPROVAL OF MINUTES-MARCH 4.1996 The approval of the Minutes was continued until the next meeting because there were not enough Commissioners present from March 4 to vote. { 1 i 1 Parks,Recreation and Natural Resources Commission Approved Minutes-Monday,March 18, 1996 IV. PETITIONS.R .QUESTS AND COMM JNICATIONS A. None V. DEVELOPMENT PROPO A .S A. Lakeview Office Staff referred the Commission to a memo dated March 13, 1996,from Stuart A. Fox, Manager of Parks and Natural Resources; a Staff Report dated March 8, 1996,from Michael D.Franzen,City Planner.and two letters dated March 3, 1996,and March 13, 1996,from Jay and Connic Wetmore. Tom Sindelar,representing Dana Larson Roubal and Associates,reviewed his development proposal with the Commission. This development is part of the 1978 subdivision known as Cabriole Center. The proposal is for a one-story walkout office building with underground parking. This building contains 16.066 square feet. The building is being positioned at this location to save a lot of large oak trees. DLR will be the prime tenants of the building. Fox stated the original project received approval for two,three-story office buildings totaling 125,000 square feet. The first building was built in 1978 and a subsequent plan was approved in 1989 for the design of the building for Phase 11. This particular building has only 16,000 of the approved 65,000 square feet that was originally proposed. a The site is a mixture of oaks,elms,box elders,as well as some maples that t were planted in the parking lot islands.The tree loss is at less than 5 percent. j The site will only loose two 14 inch pines that separate in the center of the building,and the building can not be shifted to save them. I The landscaping that is proposed shows a number of evergreen.The primary landscape plan is coniferous in contents,and that is primarily to screen the homes to the southeast of this site. ' When the parking lot originally went in,they sized the storm sewer along Highway 494 to handle the water from that particular project. Therefore,the recommendation is a cash distribution to the storm water utilities fund instead of having a NURP pond constructed. 2 n 1 Parks,Recreation and Natural Resources Commission Approved Minutes-Monday,March 18, 1996 The long range plan shows some time in the future to have a sidewalk or trail on the south side of West 78 Street. However,this particular project only has frontage about 150 feet on West 78 Street. Therefore, Staff is not recommending building that 150 foot piece of trail. This project was reviewed at the Planning Commission at the March I 1 meeting. It was approved on a 4-1 vote. The no vote was because of the variance for a 130 foot setback instead of a 200 foot setback from the shoreline that DLR is requesting. Connie Wetmore,8040 Ensign Road,objected to the variance for a 130 font setback,but was comfortable with the project taking place. If the variance were granted,the natural habitat for the wildlife would be infringed upon. Seventy feet is a precious commodity at that location. Anderson Lake is very unique,and they want to keep it that way. They would rather the building be shifted and loose the oak trees than encroach on Anderson Lake. The ordinance prohibits any vessels or watercrafts into the lake which means not even a canoe. Therefore,why should a builder be granted a variance when they can just shift the building over. t She also expressed concern about the trees surviving the construction of this building,and if they do not survive or get oak wilt from being stressed,it spreading to their trees on the hillside. She noted a lot of the parking lots in the area are usually half full,and was concerned about DLR not needing so many parking spaces. t Mary Jean Carr,8100 Ensign Road,concurred with Connie Wetmore. She showed the Commission the scenic casement she received from Hennepin Parks,and it depicts their area as being part of Anderson Lake. Her request to the Commission is to deny this variance. Jay Wetmore,8040 Ensign Road,stressed the uniqueness of this area. This lake has had loons nesting on it in the past. it's such a unique resource and the loons arc very sensitive to encroachment. He would much rather see the tk continuous area left in tact than to loose a couple of oak trees. Jan Hubert,8046 Ensign Road,noted she was told this was a special lake with no swimming or boating. They have respected the lake for many years and hopes the builder will follow the rules and go within the boundaries that were set. 3 i f Parks,Recreation and Natural Resources Commission Approved Minutes-Monday,March 19, 1996 i Myrna Sampson, 8048 Ensign Road, expressed concern about the root system of the oak trees as a result of asphalt near it. She was concerned that ifthe trees do not remain healthy it could wipe out the entire growth of oaks. She was also concerned about DLR needing so many parking spaces because so many parking lots in the area are half full all the time. She would like Anderson Lake to remain in its natural haven. Brown asked why the building has to be 70 feet closer to the lake. Sindclar replied they believe it's the most buildable area on the site. He reviewed the i history of why the City of Bloomington extended the lake up to the City limits. That changed the setback from 157 feet to 132 feet. They are ` pleading hardship because the lake had been modified and that's why the DNR supports this variance. They are within the 150 foot setback of the DNR,but Eden Prairie has a greater setback of 200 feet. I Brown asked what the benefit is to Eden Prairie if they grant the 70 foot variance. Sindclar replied they truly believe they are a good neighbor and a good development for Eden Prairie. The alternative to this site would be a three to four story building with greater magnitude,which it will support in terms of the parking structure. DLR is u much more sympathetic and natural neighbor for the residents,and a good citizen for Eden Prairie. They are trying to fit their building in this site with the least impact to the site,and feel this location has the least impact. t i Bowman noted a couple of years ago there were plans to put a trail and a ? nature center around Anderson Lake. Aficr review by the DNR,they would i not support a plain wood chipped trail or a very needed nature center because Anderson Lake was a very sensitive area. S 's He noted he did not sec any evidence to indicate the reference to the ditch. The 200' buffer is a significant part of the lake and to certain species of wildlife, it may be more important than the main body of the lake. There was also concern about setting a precedent. He would not support this project. r Sindclar commented if the building were moved,it would be higher and this would effect the residents. Hilgcman noted the residents have accepted Cabriole Center being so tall, therefore, they would rather see this building tall than to scc the setback compromised. She would rather see some of the trees go than any more 4 i i Parks,Recreation and Natural Resources Commission Approved Minutes-Monday,March 19, 1996 r encroachment on the wetland,and does not want to see a precedent set. She wants to see the building moved up closer to the parking lot and keep the setback intact. Koenig was concerned about the number of parking spaces being too many. Fox noted the ordinance is based on the square footage of the building,and it's met for maximum use. MOTION: Brown moved,seconded by Koenig to deny the application and approval on Lakeview Office complex for the reason of the required variance from the lake. Motion carried 4-0. i B. Impact Marketing Staff referred the Commission to a memo dated March 13, 1996,from Stuart A.Fox,Manager of Parks and Natural Resources;and a Staff Report dated March S. 1996,from Michael D.Franzen,City Planner. Keith Waters, developer, reviewed his development proposal with the Commission. 'rile proposal is for two buildings with 21,000 square feet �. instead of 78,000 which the office permit would allow. They are trying to save as many trees as possible,and are staying completely away from the ravine and the wooded hill. They are staying at least 50 feet away from the pond because of significant trees. The pond has no outlet. It has nothing up stream other than the freeway, l Fox stated there are over 130 trees listed on the tree inventory with a total of i 2,245 diameter inches. The number of trees lost due to construction would be 31 lbr a total of 599 diameter inches. This results in a 23 percent loss of significant trees. The tree replacement required by ordinance would be 155 j diameter inches of replacement trees. The proposed landscaping plan i indicates a total of nearly 300 diameter inches of trees for planting on this ,, ? site. The screening is along the southerly border which is along the townhomes. They arc proposing to use a lot of conifers to provide year round screening from the parking lot and the buildings themselves. The existing pond on the site is receiving discharge water from both Baker Road and County Road 62. Staff believes by enlarging the NURP pond on the site would be far more detrimental to the site than what is currently ( 5 i I l Parks,Recreation and Natural Resources Commission Approved Minutes-Monday,March 18, 1996 existing. Therefore,a cash contribution to the stonn water utility fund is recommended, and this pond would also take care of some of the on-site drainage. There is an eight foot bituminous trail along the northerly side of the property that was installed along the Crosstown,and a sidewalk along the westerly side of Baker Road. They are asking the developer that at the time the sidewalk goes in they put a curb,a gutter,and curb cuts in. This way the sidewalk traffic is not impeded. This project was reviewed at the Planning Commission on the March 11 meeting,and approved on a 5-0 vote. One issue came up concerning how much light spillage would occur from the parking lot. The developer was asked to have a footprint to show the lighting pattern of the parking lots prior to being reviewed by the City Council. People to the south were concerned about the lights coming into their bedroom windows from that parking lot. Koenig asked how tall the conifers will be for screening. Waters replied 10 feet high. Koenig was concerned about how soon the adjacent residents would benefit from the screening. Waters reviewed the screening concept on the map. I Bowman expressed concern about any restrictions as far as building on such j a steep ravine. Fox replied there are no restrictions. 9 Hilgeman commented it's refreshing to see a plan that doesn't develop every square inch with 21,000 out of a possible 79,000 square feet. Bowman asked if the numbers are buildable square footage of land or is it based on six acres. Fox replied it's based on the entire site assuming it's a flat six acres. Bowman commented that it's deceiving when you look at what's 1 buildable. Fox noted it's based on the square footage of the site. They can j build a building tall enough to accommodate 79,000 square feet. MOTION: Brown moved,seconded by Bowman to approve the plan as per the Staff recommendations of the Staff Report dated March 8, 1996 of Impact Marketing. Motion carried 4-0. C. Flying Cloud BLa1ne"s Center Staff referred the Commission to a memo dated March 13. 1996,from Stuart 6 Parks,Recreation and Natural Resources Commission Approved Minutes-Monday,March 18, 1996 A. Fox,Manager of Parks and Natural Resources.and a Staff Report dated March 8, 1996, from Michael D.Franzen. Jim Meyer, representing Opus Corporation, reviewed his development proposal with the Commission. The project being proposed is a multi-tenant office warehouse. They are basically at the end of Flying Cloud Drive and Shady Oak Road along Highway 212 in the Golden Triangle arcs. The total parcel is approximately 30 acres of which they are buying 15.6 acres from ! Physical Electronics. The proposal is for a 200,400 square foot single story building, They have oriented the building so the office function has more of a presence to the street traffic which provides for screening of the dock areas. I i There are two NURP ponds to pick up the on-site drainage. Colored palates arc used that arc complimentary with Physical Electronics as well as the other sites. 'file family that owns the farm prefers a retaining wall for transition rather than give up any land for their farming purposes. Fox noted the plan calls for the removal of three significant trees which represents a total of 72 caliper inches or a 17 percent tree loss, The tree replacement required under the ordinance is a total of 16 caliper inches of trees. The site is also visible from the two adjacent properties to the north and south,so it requires a very large amount of screening. The landscaping plan represents 1,140 caliper inches which includes 1,084 caliper inches for landscape screening. A rather substantial retaining wall of nearly nine feet in height is proposed for the southerly property line, and this will need design approval by the Building Inspections Department prior to ` construction. s This particular site runs into a state law which exempts commercial and 1 industrial subdivisions from complying with local park dedication regulations as a result of a property being divided into a parcel of five acres in size or over 300 feet of road frontage, The result of this subdivision will , be two parcels over 15 acres in size. As a result,technically they don't have to pay cash park fees. There will be over 600 employees,and to help case the pressure on the park system,it would be reasonable to ask for some open space and recreational facilities on this property. 7 Parks,Recreation and Natural Resources Commission Approved Minutes-Monday, March 18, 1996 There are no sidewalks or trails planned at this particular area,therefore,the recommendation is for one along Flying Cloud Drive. This was reviewed by the Planning Commission on March 1 I and received a 5-0 vote for approval. Hilgeman asked where the developer stands regarding the park dedication issue. Meyer replied they are committed to doing something. They do not have an definite answer of what's right or acceptable to the site. They want to be a good citizen and do something,even though they are not required to t by the ordinances. They are considering providing tennis courts and volleyball courts,but are not sure yet. 1 Brown asked what Opus Corporation believes would be a fair contribution 1 in terms of park fees. Meyer replied the reason he suggested tennis courts is in the Staff report they mentioned other businesses in the City that have provided these type of amenities so there is less of a burden and a benefit to their employees. Lambert commented that as a Staff person responsible for developing the parks system and reviewing all the different types of developments that come to the City,in his opinion it's a"quirk"in the law. He would like to see the Parks Commission make a recommendation to the City Council for the City of Eden Prairie to initiate some legislation into eliminating that"quirk"in the law. It is not fair to the other commercial,office or industrial developers that are required to pay park fees to help pay for facilities their employees will t demand. i Brown expressed concern about the waiver granted changing the size of the sign from 80 square feet to 160 square feet. fox noted it's a planning issue and they passed that waiver. Brown asked if it will be mostly warehouse office. Meyer replied they are projecting 80 percent will be a combination of warehouse and light manufacturing, Bowman expressed concern about the parking spaces being right on the property line. Fox noted they meet the setback for parking which is 10 feet. MOTION 1: Koenig moved,seconded by Flilgcman to approve the Flying Cloud Business Center with the stipulations on the March 13, 1996 Supplemental Staff Report or the Staff Report, Motion carried 4-0. ( 8 a r Parks,Recreation and Natural Resources Commission Approved Minutes-Monday,March 18, 1996 MOTION 2: Brown moved,seconded by Bowman to ask the City Council to contact the City Attorney and see what we can do as a city to initiate a change in the state law that prohibits us from collecting park fees for projects over five acres.. Motion carried 4-0. VI. OLD BUSINESS A. Duck Lake Surface Management Ordinance i Staff referred the Commission to a memo dated March 11, 1986,and a letter dated March 7, 1996,from Robert A.Lambert,Director of Parks,Recreation and Facilities. Lambert noted this Surface Management Ordinance was initiated when several residents came to the City asking the City to help manage Duck Lake for the fish population. Staff indicated its a City Staff, they do not recommend the City get involved in managing any lake without DNR assistance. For the DNR to agree to manage any lake,they have to have a public access on the lake. L- Staff looked at what land was available and what funds were available to the City of Eden Prairic. The City does own a strip of land along the lake shore, J (about 300 feet),on the south side of Duck Lake Trail. It is too narrow and too steep to accommodate the trailer access,but it could accommodate access to allow people to carry-on cartop boats or canoes. The DNR indicated they would support this as a public access if the use of Duck Lake was restricted to"no motors",and if they had access that would t allow the general public to"cant'-on". The DNR would then try to schedule 1 this lake for stocking fish this year,and would support the City in getting an aeration system next year. The City would also apply for a fishing pier to be installed on the City a property in order to provide a safe place to fish for individuals without access to a boat. This would hopefully discourage people from fishing along Duck Lake Road, Tom Lindquist, 16750 Baywood Terrace, commented he supports the Surface Management Ordinance. 9 ( Parks,Recreation and Natural Resources Commission Approved Minutes-Monday,March 18, 1996 I Gary Ackerman,6535 Bay Drive,commented there arc many dead fish along his shore,and supports the Surface Management Ordinance. A resident residing at 6503 Bay View Drive,commented they have always been under the impression the lake was a"no motor"lake already. If it does not impact the residents and it helps to preserve the lake,it's well worth the effort. 1 Doug Marcy, 16650 Bay View Terrace,commented he spoke to a friend who told him the lake is probably 10,000 years old,and it's been pretty good up until this point. This ordinance is going to change the natural state of something by adding technology to try and solve the problems. He objects to the aeration system that will be used on the lake because it will cause noise pollution,visual pollution,and will not be pleasing to look at. He was concerned about the problem of thin ice eliminating cross country skiing. The aerator will be close to his house and he was concerned about the noise from it. He lives on the cast end of the lake and has been there for almost 10 years. He doesn't want to give up control of the lake to the DNR, and wants to keep the natural resources in its original state as much as possible. Loretta( ),1692 South Shore Lane,commented she has lived there for 33 t years and applauds the Parks Department for coming up with this plan. She i expressed concern about the dangerous conditions where the children fish along Duck Lake Road. f �i Bernie Coleman,1704 South Shore Lane,commented he has lived there for 30 years. He asked if the City will take care of the treatment of the weeds i and the algae if this will be a public access,or do the residents still have to do it. ! I i Lambert noted the City will not pay for removal of weeds. The only place b ? they do pay for removal of weeds is along the public swimming beaches. Brown asked if the DNR allows weed spraying on any lake. Lambert replied the DNR does not allow anybody to do it without a permit,and they have restrictions on the type of chemicals they use. MOTION: Bowman moved,seconded by I lilgcman to approve the Surface Management Ordinance for Duck Lake per Staff recommendations. Motion carried 4-0. 10 i Parks, Recreation and Natural Resources Commission Approved Minutes-Monday, March 18, 1996 B. 1996 Commission Work Plan and Five-Year CIP Update To be continued at the next meeting because of absent Commissioners. VI1. NEW BUSINESS A. Shoreland Management Ordinance Revisions Staff referred the Commission to a memo dated March 14, 1996,from Stuart A. Fox, Manager of Parks and Natural Resources. Fox noted this is a comparison between the State Shorcland and the City Coda There are some areas where the City has stricter stands than the DNR does. The review of this document has been going on since 1989 and this is the final product. MOTION: Brown moved,seconded by Koenig to approve the Shorcland Management Code as per the Staff recommendations. Motion carried 4-0. B. Tree Preservation Ordinance Staff referred the Commission to a memo dated March 14, 1996,from Stuart A. Fox,Manager of Parks and Natural Resources. Fox reviewed the recommendations as outlined in the memo. One of the t recommendations is to make the change in the ordinance under the definition of significant trees being deciduous trees 12 inches and greater in diameter, the two deciduous trees, ironwood and black cherry. Eight inches in diameter or greater would be listed as a significant tree. 1 1 The recommendation was to drop the diameter down to eight inches and it would show up on the inventory and be counted in the overall calculations. (Dick Brown excused himself from the meeting at 9:30 p.m.) , Lambert noted this item will be continued until the next meeting. Vill. REPORTS OF COMMISSIONERS AND STAFF A. Reports of Director of Parks.Recreation and Faellltles 1. Report on Meeting with Athletic Association Presidents Re: ADA Responsibilities 11 15 3 I Parks,Recreation and Natural Resources Commission j Approved Minutes-Monday,March 18, 1996 f This item will be continued until the next meeting. 2. Miller park Skating Rink Update This item will be continued until the next meeting. 3. Riley-Purgatory Bluff Creek Watershed District Approval of Revised Purgatory Creek Recreation Area Entry and Revised Project Budeet This item will be continued until the next meeting. I Y IX. ADJOURNMENT MOTION: Brown moved,seconded by Hilgeman to adjourn the meeting. Motion carried 3-0. The meeting adjourned at 9:50. r 12