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Parks and Recreation - 11/04/1996 1996 Novemb er 4 MIND TES Parks, Recreation & Natural Resources Commission CITY OF EDEN PRAIRIE AGENDA f PARKS,RECREATION AND NATURAL RESOURCES COMMISSION MONDAY,NOVEMBER 4, 1996 7:00 P.M.CITY CENTER 8080 MITCHELL ROAD COUNCIL CHAMBERS i COMMISSION MEMBERS: Claire Flilgeman, Chair: Bruce Bowman, Richard Brown, ' 1 Don Jacobson,Vicki Kocning,David Kracum,John Wilson STUDENT MEMBERS: Jennifer Frecmyer,Melody Hasse COMMISSION STAFF: 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 i 1. ROLL CALL II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES-O .TOB,-R 21. 199E IV. PETITIONS,REQUESTS AND COMMUNICATIONS A. None Y V. DEVELOPMENT'PROPOSALS A. Bcamath 7th Addition VI. 01-D BUSINESS A. Community Center Pool Recommendation VII. NEW BUSINESS , A. Mons; Vill. REPORTS OF COMMISSIONERS AND STAFF A. Rcnorts of Commissioners (" I. Follow-up on Previous Development Pro o�g IX ADJOURNMENT i i APPROVED MINUTES EDEN PRAIRIE PARKS,RECREATION AND NATURAL RESOURCES MONDAY,NOVEMBER 4, 1996 7:00 P.M.CITY CENTER 8080 MITCHELL ROAD Council Chambers COMMISSION MEMBERS: Claire Flilgeman, Chair, Bruce Bowman, Richard Brown, Don Jacobson,Vicki Koenig, David Kracum,John Wilson STUDENT REPRESENTATIVES: Melody Hasse,Jennifer Frccmycr COMMISSION STAFF: Robert A. Lambcrt, Director of Parks, Recreation and Facilities; Stuart A. Fox, Manager of Parks and Natural Resources, Elinda Bahley,Recording Secretary I. ROLL CALL The meeting was called to order at 7:05 p.m. by Acting Chair Richard Brown. Commissioners Bowman and Hilgcman were excused. all other members were ; present. The Commission welcomed Jennifer Frccmycr as a new student representative. IL APPROVAL OF AGENDA v t MOTION: Wilson moved, seconded by Koenig, to approve the Agenda as t published. Motion carried 5-0. y Ill. APPROVAL OF MINUTES-OCTOBER 21.1996 t I Koenig noted on page 7, the second sentence should read... Lambert indicated. Koenig corrected the motion on page R where it reads...to discuss the possibility of �.3 accepting changes...,change that to read...to discuss the possibility of a trail system. MOTION: Koenig moved, seconded by Wilson, to approve the Minutes of the October 21, 1996 Gdcn Prairie Parks,Recreation and Natural Resources Commission as amended. Motion carried 5-0. IV. PETITIONS.REQUESTS AND COMMUNICATIONS i A. LY411s _ I I Approved Minutes Parks,Recreation and Natural Resources Commission Monday,November 4, 1996 V. DEVELOPMENT PROPOSALS A. Bearpath 7th Addition Staff referred the Commission to a memo dated October 31, 1996, from } Stuart A.Fox,Manager of Parks and Natural Resources;a staff report dated October 11, 1996,from Michael D.Franzen,City Planner;and a staff report dated September 20, 1996, from Michael D. Franzen,City Planner, John Vogelbachcr,project manager for the 13carpath development,presented his development proposal to the Commission giving background information. The request is to bring in an additional 39 lots for the proposed 7th Addition and the property is located just directly south of Rice Marsh Lake. There is a connecting road to I3earpath Trail on the southern portion of the proposal. They have gone through a number of different meetings with the Planning Commission and this plan has gone through three different revisions relative to the amount of density of lots along the shoreline of Rice Marsh Lake. A lot has been removed on the cast side of the creek. The only waiver requested by the Planning Commission is for a private street. There arc no other waivers requested and the Planning Commission approved the proposal unanimously with one abstention. 1 The City indicated tree replacement to be 1,530 caliber inches. The developer has submitted it proposal for three different areas to establish this requirement. The first plan is for 420 inches of boulevard trees. There is 4,800 lineal feet of boulevard,and 3 %inch shade trees with 40 feet on the center. The second plan includes the minimum replacement of 12 inches per lot for 38 lots which equals 456 inches. The trail landscaping includes 1,000 lineal feet of 12-14 feet tall evergreens with six feet on center for a total of 830 inches. The total replacement totals 1.706 inches which is more than the requirement by the City. A tree replacement plan/landscape plan was not included in the packets but this is an outline of the plan for tree replacement. , The developer asked that the Commission take into consideration all that 13earpath has done over the last three years. They have complied with the requirements of the developer's agreement of approximately 9.000 caliber inches on site and still have one more addition to go. They currently have planted in excess ot'2,000 additional caliper inches of trees which is over and beyond what was required. 2 I Approved Minutes Parks,Recreation and Natural Resources Commission Monday,November 4, 1996 Fox reviewed the staff report with the Commission. This proposal is for 39 single family lots and one outlot on 69.7 acres of land immediately north of the Bcarpath PUD. Staff found tree loss to be about 35A percent. When calculations were done, it was a little different than when it was submitted i due to some accounting errors. Staff found 516 trees on the plan of which 19 were questionable as to whether or not they were on the property. They settled on 497 total trees for a total of 9,167 diameter inches. Of that total there would be 185 trees with 3.250 diameter inches lost due to construction and grading. Therefore,the developer is required to replace 1,530 caliber inches of trees through replacement which the developer has indicated would be in excess of that. Fox noted he received a fax of the outline of the tree replacement plan on Friday afternoon and has not had a chance to review it in total. The developer has proposed to utilize the existing lowland area in the interior portion of the project as a NURP pond. The outflow from this proposed area would go into the wetland immediately south of the NURP pond and then be linked to the storm water system for the existing Bcarpath PUD via a r concrete pipe carrying the runoff water to the south of the proposed project. l The original plan, in terms of shorcland impact, had a number of lots that required waivers which is why this project was continued at the Planning Commission, All those waivers were removed with the exception of an access waiver for Lots 6,Block 3 which is for access to a driveway 500 feet long. i There is currently an eight foot wide bituminous trail constructed along the westerly side of the project which runs along the golf course between Bcarpath and the City of Chanhassen Lakeview Apartments. It ends in the C southwesterly corner of this proposed development. Staff recommended that i the trail be continued through that outlot on the westerly edge and meandered through the upper portion of the project, The question is whether or not it t�,= would be appropriate to put a sidewalk through on the streets and allow pedestrian traffic to come through the streets and access through that one J cul-de-sac. Staff was concerned about running the trail through the backyard of homes. They were concerned about how to handle the casement for the trail, how to get across the wetland areas,and what's going to be the most direct route for pedestrians to get there. Regarding the scenic conservation easement and outlot, there is a lot of 3 i Approved Minutes Parks,Recreation and Natural Resources Commission Monday,November 4, 1996 property along the northerly edge which has delineated wetland in there. There is no impact there from the development of the homes. Staff recommended that the high water mark for Rice Marsh Lake,which is 878, from that point toward the lake body be set aside with a conservation casement to insure there would be no cutting,clearing,or development on those lands. The issue of Outlot A has not been resolved as to whether this would be a piece of land dedicated to the City or gifted to the City i❑the future. The majority of Outlot A is unavailable since it is in the floodplain of the lake. The project was reviewed by the Planning Commission on September 23 and continued because of the number of waivers in the original proposal. It was returned to the Planning Commission October 28 and was approved on a 3-0- 1 vote. The vote was based on staff recommendations outlined in the October I I planning staff report. Koenig was concerned about the type and species of trees included in the tree replacement plan. Vogelbacher replied what is currently in Bearpath are lindens, sugar maples, and oak which arc boulevard trees. He would probably mix those trees again in the subdivision. There would be about 160 coniferous trees 12-14 feet tall running right along the western boundary along the backyards of homes that back up to Chanhassen. Koenig asked about the removal of one of the lots cast of Riley Creek. Vogelbacher stated it's a four acre lot which is a rather unusual shaped piece. It is,in effect,a result of the impact of the 212 corridor. When Bearpath was originally proposed they designed the whole subdivision with consideration that the roadway would go through eventually. There is still talk that it i would potentially happen. However,they have not been successful at this +l particular time in moving forward with any kind of acquisition by the } Highway Department. They have had this property for over 3 %: years, owning it and paying taxes on it. The developer believes this is the least impact environmentally in this particular area. Koenig referred to the staff report that the developer owned the land at the time of the PUD and access to that land could have been provided at the time without crossing Riley Creek before the lots were platted. Vogelbacher said that was correct,however,at the time there was the understanding that the highway would go through and that has not happened. That has created a hardship for them. They went ahead and platted all the other subdivisions in t 4 Approved Minutes Parks, Recreation and Natural Resources Commission Monday,November 4, 1996 Bearpath with the consideration of the highway at that particular time. They have not had any success in working with the Highway Department to acquire that property. Koenig asked about staff concerns regarding the waiver. Fox replied staffs main concern is about providing adequate fire protection for that lot.They were also concerned about someone paying for a higher sewer service since a cul-de-sac has a higher elevation,but that's not up to the staff to determine. Koenig asked why the developer added a lot from the first Planning Commission meeting to the second meeting going from 38 to 39 lots. Vogclbacher said as they went back and looked at the plan to make the changes requested by the Planning Commission they determined another lot could fit in as a result. Jacobson asked for clarification as to where Highway 212 would go. Vogclbacher explained the potential location of Highway 212 on the map. Jacobson asked for clarification on the trail issue. Vogclbacher gave the �• Commission a handout which depicted the trail and reviewed the sheet. lie said what the City has in terms of their overall plan is a nice option to surround Rice Marsh Lake with a trail. They think they can do that but their first choice would be not to do that. Wilson asked how staff thinks this project should best be done. Lambert commented the problem is this plan is running the trail right into a marsh area and he would rather have the developer redraw rear lot lines. He would prefer to do what is a requirement of the developer's agreement which requires the developer to construct the trail to City standards and then get an casement over the trail. What looks good on paper does not necessarily j mean it's feasible once you get out there to actually do it, tfi Vogclbacher commented their preference would be not to build the trail but i they are intcrestcd in cooperating. This is a monetary issue for Bearpath. He feels Bearpath has made substantial contributions. They are going to stand by their agreement to construct what they agreed to construct in the original developer's agreement. They can build the trail above the ordinary high water level as recommended by staff but they will probably need some boardwalks to do it. 5 Approved Minutes Parks,Recreation and Natural Resources Commission 1 Monday,November 4, 1996 Kracum asked staff how far south would they recommend moving the trail so it would be feasible. Lambert said it should be one foot above the high water level mark. He agreed that Bearpath has done their share in providing trail systems and cash park fees but they have not done anything more than asked of other developers. All developers arc asked to pay cash park fees and build trail systems that effect their property or border their property. It's bccn found that a majority of the users of those trails arc the people that live along the trails. Vogelbacher proposed a path that main vehicles can drive on like a three ton bridge. They cost about$120 to$130 per lineal foot. This will help when they have to cross marsh land and it will maintain being able to get around the lake. They would be happy to construct such a bridge and have had a lot of success in the past with this. Brown commented he has questions about the trail corridor,the landscaping, the scenic conservation casement and none of it has been thoroughly submitted to the Commission. fie said he has a problem voting for or against anything until he secs this information. He doesn't have enough answers to ' vote. lie would like all this information submitted before he votes. f Vogelbacher explained that a landscape plan includes a map with a bunch of stamps on it representing trees. It's just as easy to look at it in written form and may be more understandable. Lambert agreed with Vogelbacher and noted the City does have a standard it to enforce and there would be a written agreement. What he secs as not being pinned down is the location of the trail and suggested that be done prior to the second reading. He was concerned about the 18 percent slope of the one driveway. lie suggested the roadway be designed to meet the standard that would allow fire protection and emergency vehicles to reach that house. Kracum commented he was concerned about the one lot and whether or not J fire protection can be provided. He was also confused about the jurisdiction issue about whether he agrees with the decision to approve this plan by the Planning Commission. Vogelbacher stated the Planning Commission approvc,d this plan subject to the removal of that lot. This lot did not get the approval of the Planning Commission. 6 i Approved Minutes „ Parks,Recreation and Natural Resources Commission Monday,November 4, 1996 Koenig asked about the possibility of Outlot A being dedicated to the City. Vogelbacher said they would prefer to hold the lot themselves. It's their property and they want to keep it. Fox noted the first reading with the City Council is scheduled for December 17 and typically the second reading follows one month after the first reading. This would put the second reading for January 21. Jill ( ), 18887 Magenta Bay,noted she lives on the north side of Rice Marsh Lake. She requested the Commission not to rush through this process. She appreciates the questions the commissioners have asked because she has the same ones. None of the lots in her area infringe on any wetland on their side of the lake and she would like that to remain on the other side of the lake as well. She supports the idea of a trail system but was concerned that the path will not be wide enough. She called the trail currently through Bearputh a ditch. It is bermed on both sides and you can not see any of the area that's around. If the path proposed is like this it would defeat the purpose of having a path through that area. It would be an access to Lake Riley but part ! of the purpose of the path is to enjoy the surrounding area. She asked that l the Commission not deviate from the wetland plan that the City of Eden Prairie has worked so hard to preserve just so sonic lots can be closer to the lake. c Lambert started the comment from the audience about the path not being wide is enough is a good one. He said the trail the woman spoke about is the LRT f trail and has nothing to do with Bearpath.The standard for outlots per trail between homes or behind homes is a minimum of 40 feet, and what is proposed is only 20 feet. He recommended the outlot on the west side to be a minimum of 40 feet wide. I a MOTION: Jacobson moved,seconded by Koenig,to continue to review this project until the developer has submitted before the Commission a landscape ta' plan, a trail or corridor plan showing the areas delineated, scenic and i conservation casement to be shown on the proposed plan,and review of the wetland requirements,shorcland requirements for crossing of the creek,and the environmental impact of the proposed trail. Motion carried 5-0. Jacobson commented the reason he made the motion he did was because the Commission needs more information in order to make a solid decision. ;41 7r Approved Minutes + Parks,Recreation and Natural Resources Commission Monday,November 4, 1996 V11. NEW BUSINESS A. Community Center Pool Recommendntinn Staff referred the Commission to a memo dated November 5, 1996, from Robert A. Lambert,Director of Parks,Recreation and Facilities. 1 Lambert indicated staff had a meeting last week with the parents of the Foxjct Swirn Club members and with parents of some of the girl's Varsity Swim Team. They discussed why the Community Center is having air 4 problems,what staff has done to correct any air problems, and what they plan on doing in the future to resolve the issue. He gave them the facts as } outlined in the memo of November 5, 1996. Last week staff attended the City School Joint Advisory meeting which talked about the City and the school being partners in many joint societies and land use,and how important it is for the City and school to address the issues together. lie wants the City and school to be in the position of looking f at the issues together such as determining a reasonable level for improvements,whether it's affordable,and is it going to be healthy for the users of the swimming pool. He noted he will be talking to the City Council and requesting them to authorize City staff to meet the school district staff to determine if the school district is willing to work with them on these issues and get whatever experts are needed to look at the issues. That's the first step in finding out what the corrections should be. Once they have what the solutions arc and what the expected costs arc,then the school board and the City Council will have to sit down and talk about it. lie commented that if this is truly a health issue and a safety issue that could possible effect kids, he supports getting them out of the pool today and letting them use Oak Paint Pool. Staff will provide the time at Oak Point if f~} it's truly a health issue. r VII. NEW BUSINESS A. None 8 i 1. Approved Minutes Parks, Recreation and Natural Resources Commission Monday, November 4, 1996 VI11. REPORTS OF COMMISSION •RS AND STAFF A. imports of COn1U1kg UU I. Folhw-un-un on Previous D v lonment Pro Deals Koenig commented site would like the Parks and Recreation Commission to be aware of the problem over at Staring Lake, the Pulte development. While walking her dog there three weeks ago she observed that the silt fencing was down at the creek and there was quite a bit of silt and some mud running into the creek. This was right before a big intense rainstorm. She contacted Jeff Johnson from engineering and he said he would contact the contractors and have them repair the problem. She has since went with Jeff Johnson to look at it couple of projects and he agreed this is a problem. The contractors say they have corrected it but she has not observed any j type of correction. In fact,it's only getting worse. r She also commented that site looked at the Mitchell Village project which was approved recently and was concerned about the wetland in that area. Jeff Johnson agreed that the area should be restored. She has no desire to stop projects but believes that the development should be held accountable when there is damage t Lambert suggested the Commission recommend to the City Council that it should consider red tagging them until they correct the problem. It will get their attention if they are put on hold and can not work, j Kocning commented she would like more information on future { projects as to whether or not a sanitary sewer has to go in and create disturbance to a wetland. She would like to know this ahead of time. ,+ Jacobson was concerned about residents observing these problems and notifying the City instead of the City discovering the problems. Fox replied as efficient as the staff is they can't get to every single project. lie noted that 95 percent of the calls that arc on violations is because somebody walked through the neighborhood and saw the problem,and staff is very appreciative of that. 9 Approved Minutes Parks,Recreation and Natural Resources Commission Monday,November 4, 1996 MOTION: Koenig moved, seconded by Wilson,to approach the City Council with the possibility of red tagging the Pultc project for violation of environmental restrictions because they did not address the issue of correcting drainage,and did not put up an erosion control fence to keep all the drainage out of Purgatory Creek, and the Commission would like to see this corrected within a few days. Motion carried 5-0. Staff reminded the Commission about the tour of the Edenbrook Conservation Area which is scheduled for Saturday,November 9,at 9:00 a.m,at the City Center. IX. ADJOURNMENT' MOTION: Wilson moved,seconded by Koenig,to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:00 p.m. v 10