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Parks and Recreation - 11/18/1997 I 1997 j a November 18 MINUTES Restoration Committee CITY OF EDEN PRAIRIE AGENDA PARKS,RECREATION AND NATURAL RESOURCES COMMISSION MONDAY,NOVEMBER 18, 1996 7:00 P.M.CITY CENTER 8080 MITCHELL ROAD COUNCIL CHAMBERS t COMMISSION MEMBERS: Clairc Hilgeman, Chair; Bruce Bowman, Richard Brown, Don Jacobson,Vicki Kocning,David Kracum,John Wilson l STUDENT MEMBERS: Jennifer Frcemycr,Melody Hasse COMMISSION STAFF: Robert A. Lambert, Director of Parks, Recreation and Natural Resources, Stuart A. Fox, Manager of Parks and Natural Resources; Laurie ficlling, Manager of Recreation Services I. ROLL CALL 11. APPROVAL OF AGENDA III. APPROVAL OF MINUTES-NOVEMBFR 4, 1996 1 IV. PETITIONS.R .OU ESTS AND COMMUNICAILQNS A. N= V. DEVELOPMENT PROPOSALS I A. Beareath 7th Addition B. Smctan i Lakc Anaruncnts VI. OLD BUJ 1N SS A. s VII. NEW SINE S A. N= Vill. REPORTS OF COMMISSION FRS AND STAFF A. j�ports of Staff i ( Agenda Parks,Recreation and Natural Resources Commission I Monday,November 18, 1996 Page 2 1. Reports of Community Center Manager a. Cancellation of Open Skate for the Fdcn Prairic Hockey Association's Th anksuiving and Christmas Tournaments l B. ADJOURNMENT t APPROVED MINUTES EDEN PRAIRIE PARKS,RECREATION AND NATURAL RESOURCES MONDAY,NOVEMBER 18,1996 7:00 P.M.CITY CENTER 8080 MITCHELL ROAD Council Chambers COMMISSION MEMBERS: Claire Hilgcman, Chair; Bruce Bowman, Richard Brown,Don Jacobson.Vicki Koenig,David Kracum, John Wilson STUDENT REPRESENTATIVES: Jennifer Freemyer, Melody Has..- COMMISSION STAFF: Robert A. Lambert, Director of Parks,Recreation and Facilities; Stuart A. Fox, Manager of Parks and Natural Resources: Joel Klutc, Ice Arena & Concession Coordinator; Elinda Bahley, Recording Secretary 1. ROL.I.GALL• d The meeting was called to order at 7:04 p.m.by Chair Hilgcman. Commissioner L Kracum was excused;all other members were present. i i I1. APPROVAL OF AGENDA Koenig added under Reports of Commissioners,B,Update on Staring Lake. MOTION: Wilson moved,seconded by Brown,to approve the agenda as published. Motion carried 6-0. r III. APPROVAL OF MIN 1T NOVFMB ER4 1996 MOTION: Koenig moved, seconded by Wilson, to approve the Minutes of the Y November 4, 1996 Eden Prairie Parks, Recreation and Natural Resources Commission as published. Motion carried 4-0-2 with abstentions by Hllgeman and Bowman. IV. PETITIONS REQUESTS ANDCOMMLINI ATIONS A. Nuu* V. DEVELOPMENT PROPOSA .S A. Bearhath 7th Addition Staff referred the Commission to a memo dated November 14, 1996.from `t Approved Minutes Parks,Recreation and Natural Resources Commission Monday,November 18,1996 Bob Lambert,Director of Parks,Recreation and facilities and a fax dated November 14, 1996, from John Vogclbachcr. John Vogclbachcr,representing Bearpath,reviewed the revisions made at the direction of the Parks Commission at the November 4, 1996 Parks Commission meeting. The actual species of the boulevard trees to be planted include Silver Maple, Pine Oak,and Ash. The trees along the west boundary arc a mix of Norway Pine,Black Hills Spruce,and Colorado Blue Spruce. There is a 12-inch minimum per lot allowance for each of the homes built j within the proposed 7th Addition. He reviewed the revised site plan. It included pulling the lot lines back off Rice Marsh Lake providing for a 40-foot trail casement rather than a 20-foot trail casement on the west boundary of the proposed addition. It also shows the location of the trail and any specifics relative to the boardwalks that would be constructed. This is actually the type of construction that they built for their cart paths on the golf course in Bearpath so they already have a number of those. There is a railing detailed. They don't have a railing on theirs but it could be added depending on staffs recommendation. The DNR would have jurisdiction over the creek crossing. They would have to apply and receive permits from DNR to have construction of such boardwalks or bridges, Another issue that came up was the actual conservation casement and staff made the recommendation to set that at the high water elevation of the lake. The 879 contour being the conservation casement of Rice Marsh Lake and a 50-foot conservation casement off the ordinary high water level of the creek itself is what's proposed, and generally it's the recommendation of staff. 'there was an issue discussed about the one lot cast of the creek,Lot 6,the , triangular shaped portion of the proposed 7th Addition. lie has talked with V the Engineer about the elevation of the driveway and there was a concern about fire access to the lot. He was not adverse to putting some restrictions on that lot relative to what the driveway needs to be. They have four acres over there and could put a driveway in. There's a crossing of the creek which needs to be pennitted by the Watershed District and the DNR. This has been done on four separate occasions in Bearpath already. The amount of disturbance to the creek itself and disruption would be minimal and they would like to consider maintaining their ability to place a hold on that lot. �. Fox reviewed the staff report with the Commission. Staff does concur that the information that was provided is more valuable than what was at the last 2 I Approved Minutes Parks,Recreation and Natural Resources Commission Monday, November 18, 1996 meeting. It does widen out the outlot to the property width and the details of the boardwalk is sufficient. As far as staffs recommendations on side rails, it would depend on the elevation above the ground. There is a recommendation in the trails portion of the Guide Plan and there is a stipulation that if they are a certain height it would have to be side railed for the safety of the public. In terms of the landscaping,the materials listed does satisfy the spirit of the landscaping. Typically the way Bearpath operates, they do have a landscaping allowance for each one of the units and the homeowners pick the type of materials they want. That's why a portion of it is not specified. The 879 contours of the high water level would keep that area pristine to any tree 4 cutting or any modification to it. Regarding the private lot across the creek,the Planning Commission wanted this project to be variance free and that was the only remaining variance for that creek crossing. Three of the four creek crossings are for golf carts but there is one bridge which is sufficient for service vehicles,trucks and fire trucks. It's built up to City standards. Koenig asked if the residents are required to put trees in or is it optional. 3 Vogclbachcr noted that part of the covenants they are required to plant a minimum of 12 inches but they typically plant more in the range of 20 percent. Brown asked who detcrinincs whether the deck trails over the wetlands needs a railing. Fox replied staff determines that. Staff recommends anything 18 inches or two feet above requires a railing. Brown was concerned about the j safety issue regarding the boardwalk edge. Fox replied they could put up a chain link fence to keep the people from failing off the deck and into the ravine, S Hilgeman questioned what the tree loss is on the site. Fox noted it was about 35 percent. When the project initially came in it was about 47 percent. Staff believes 35 percent tree loss is slightly above what they would expect throughout the other portion of the Bearpath PUD. I-lilgcman was concerned about the high number of conifers as opposed to deciduous trees. Fox indicated that conifers fit the site and explained why. j I The public hearing was opened. 3 i i I Approved Minutes Parks,Recreation and Natural Resources Commission Monday,November 18,1996 Larry ( ), 19803 Magenta Bay, indicated he lives in the Winfield Community north of Rice Marsh Lake. He commented he was opposed to this project and any variances that would be granted. He was concerned about the lay of the land,the green aspcct,the wetland aspect,and the beauty of the wildlife that is present. He believes the development takes that all away. He didn't know of any other trail aspect that goes through a marsh land in Eden Prairie and was concerned about setting a precedent. Besides the loss of the woodland,it would very much be an adverse effect on marsh land on the south side of Rice Marsh Lake. He was also opposed to the wooden boardwalks because it seems to be negative and adversely effects the wildlife. It should not be going through the marsh land and it should be on solid ground. If there is a variance required for this he is opposed to it. I-lilgeman explained that there is no ordinance that says you cannot put a trail over a marsh area,therefore,there are no variances for than. Fox noted the requirement would be what the DNR imposes on those areas. If these boardwalks have already been used in Bcarpath and accepted by the DNR, they would be permissible in this type of situation. Bob Rose, 18708 Magenta Bay,commented he has followed the process ever since it was presented at the Planning Commission and he is disturbed with the City's attitude. The tree loss is grossly excessive. He doesn't understand how they can remove trees over 30 inches in diameter. It would be a shame to sec the natural wildlife at the!ake change its natural characteristics. He only became aware of the boardwalk issue a week ago and cannot imagine it having any benefit to the citizens. A trail on the north side of the lake was required by the City so why are they deviating from it by putting a boardwalk in a marsh area. He was also concerned about the safety of children in that area. lie is on record that if this project goes through he feels the citizens are not 1 being heard on this project. The Planning Commission has disregarded their comments and not listened to them. The citizens have gotten no feedback at all. This area was designated as an open public area in 1992 in the last City Guide Plan and he wants to know what the compelling reason is now to change the Guide Plan. The developer bought that land knowing what the use was going to be. The Planning Commission was opposed to Lot 6 but voted ti.)r the project anyway. tic doesn't understand why the project went forward. Lambert commented that the Planning Commission and Parks Commission i did not have a lot of choices regarding approval of this project. When a property owner macs in,makes requests that follow all ordinances,they do 4 ii Approved Minutes Parks,Recreation anti Natural Resources Commission Monday,November 18,1996 have the right to develop their property according to City ordinance. The Commission does not have the right to say no because there are nice trees on the property. Staff would like to see it preserved but the City's choice is either buy it or approve it by the ordinance. The City does not have nearly the amount of latitude that a lot of residents think they have He reviewed the three areas where there will be boardwalks noting they would not allow a trail to go through if it would be dangerous to the people using it. Staff recommended approval of the plan with no variances which means no development of Lot 6 on the cast side of the creek. He noted that 35 percent tree loss is in the range for these type of developments. It's generally 30 to 35 percent on residential and noted that the homes in Winfield had the same amount of trees taken out. Hilgeman explained what a significant tree is noting that they try to preserve 70 percent of the significant trees on a site. The City requires a full replacement that other communities don't require They might lose tree canopy but in the end obtaining a good number of trees. The fact that it's gone to the Planning Commission three times and the Parks Commission twice shows that their trying to make this right and are looking at it very closely. A resident in the audience commented that the engineer told the residents this land will never be developed and will remain forest. He was frustrated that the City doesn't want to back up the words they gave him in terms of promises to those of them who did build on the other side. There is no accountability here and that's what disturbs him. Lambert replied that there isn't any City staff that can"promise"you anything. The City Council can change whatever they want. City staff is responsible to explain what the I Guide Plan says. The City cannot afford to buy every nice piece of land in i Eden Prairie and a lot of people think the City has bought more land than they should. Larry( )commented that a Dayton family recently donated a hugh track of land for conservation purposes. lie asked the developer of Bearpath to consider a similar action of donating that land to the community or DNR for similar conservation purposes. Bowman was concerned about a chain link fence and suggested a wooden fence because it's better aesthetically. Koenig suggested doing something similar like at Staring Lake where it crosses Purgatory Creek as a bridge. Lambert replied they could do that and it's safe and nice looking. 5 I 1 Approved Minutes Parks,Recreation and Natural Resources Commission Monday,November 18, 1996 Jill( ), 18887 Magenta Bay,asked why the path does not follow the marsh delineation. Lambert replied they have no ordinance that says where a path has to go in Eden Prairie. In situations like this they try to be reasonable when developers come in. They try to locate paths where it would not be a problem for the people that live adjacent to those paths and try to get those paths as faraway from the backyards as possible. If the developer is willing to pay for the boardwalk,it would make a very acceptable path,assuming it meets all permit requirements. Koenig asked if staff would support having a trail at the present location because of the backyard issue as opposed to following the 879 contour. Lambert replied yes. Bowman asked if the City will be designing the trail. Lambert replied no, that the City will approve the design which has to be designed to City standards,with Watershed District and DNR approval. MOTION: Hilgcman moved,seconded by Jacobson,to approve Bearpath 7th Addition as per staff recommendations of November 4, 1996 with the following additions: I)that staff recommendation#4 be tree replacement and tail construction would be done concurrent with construction,2)that the development be subject to the DNR permit,3)that the design and materials used in boardwalk construction be approved by City staff,4)trail design and construction by developer subject to City approval and DNR permit,5)trail location to be approved by the DNR. Motion carried 6-0. B. Smetana Lake Apartments Staff referred the Commission to a memo dated November 14, 1996,from Stuart A.Fox,Manager of Parks and Natural Resources and a Staff Report dated November 8, 1996,from Michael D.Franzen,City Planner. Dave Clark, architect, reviewed the development proposal with the , Commission noting they are looking at upgrading the roadways. He reviewed the site plan indicating that the buildings are set up in the middle of the site. There are 275 units in two buildings with an underground garage. Ile discussed the landscaping aspect of the project noting the site is going to require significant grading. He explained the grading plan. They arc looking at keeping the area as simple as possible. They are positioning the parking area in a way to create a private road along the south side of the lake. They want to keep it in a country road atmosphere. The area along the lake will be kept natural and 75 feet along the creek edge will not be touched at all. The 150-tlx�t setback from the building will be set up as a preservation area. 6 Approved Minutes Parks,Recreation and Natural Resources Commission Monday,November 18,1996 Natural landscaping will he used throughout the area. Formal landscaping will be done in the center of the site. 1 Fox reviewed the staff report with the Commission.He noted that 26 of the i 49 significant trees are to be removed giving a tree loss of 51 percent. The developer has submitted a detailed landscape plan that adequately covers the 221 inches of tree replacement required under the Tree Ordinance plus the landscaping required for the multi story apartment buildings. The majority of the trees arc 12-14 inches in diameter,which would indicate that this area at one time was pasture land and in recent years has started growing scattered even aged trees.The primary trees on the site are Elm and Ash. There are scattered areas ofsignificant trees that will not be impacted by the proposed development. These are along the westerly side adjacent to Nine-Mile Creek and in the southwestern corner adjacent to Lake Smetana and the creek outlet. There arc two NURP ponds on the site to handle the storm water runoff. They are designed to take runoff from the buildings and parking areas and !f precipitate out solids prior to water discharged into Nine-Mile Creek. The L. Engineering Department is checking to make sure they are of appropriate size and construction according to the Watershed District. There is a shorcland setback and the buildings arc set back from both the crock and from Smetana Lake itself. The only exception is the NURP pond does fall within those areas. However,the DNR has commented on that and ` do not object to the location of the NURP pond as long as additional wetland j area is not disturbed in conjunction with its construction or other grading II activities. Staff recommended that an eight foot wide bituminous trail be placed along the south portion of the drive and continue all the way up to Valley View Road and be continued as far easterly as possible. There is one remnant piece of land which is not being purchased and the trail would probably be located in front of the house in order to connect to the existing trail to the cast. There is access on the Hoyt development to the cast where the trail comes in. The trail would be built concurrent with the development of this project. Staffalso recommended that scenic conservation casements be placed at the 841 elevation which is the 100-year floodplain. This project was reviewed at the Planning Commission on November 12 and was approved on a 6-0 ( vote per recommendations of the Planning Staff Report dated Novcmbcr 8, 1996. 7 Approved Minutes Parks, Recreation and Natural Resources Commission Monday,November 18, 1996 i Hilgcman asked if the outlot would bu u,ed for public access. Fox replied that it's possible. It's a real marshy flat area and it might not be suitable for a boat launch. It's not the best place on the lake for that. Koenig asked for the amount of land in the casement. Lambert replied it's a little under five acres. Bowman questioned where the best place would be to put a public access. Lambert explained the best location on the map,which is west of the Frank Smetana Sr. house. Jacobson asked how many garage spaces there arc. Clark replied 275 underground spaces and there will be 275 parking spaces above ground. The impervious surface comes out to 37 percent. Fox explained this is a situation where there are certain areas they cannot build on because of the shoreland setbacks. This forces the development into a smaller location. Koenig asked if the 80 additional inches of landscaping required is figured into the required 221 caliper inches of trees. Fox replied the 80 inches is in addition to the 221 inches. Koenig commented there are two beautiful Oaks tit the very top corner of the property and was concerned if they arc going to be saved. Clark replied no because there is too much grading to be done. Wilson asked what the cash park fees arc on this project. Lambert said it's $1.400 per unit so the City will get$395,000. Brown inquired about the rent amounts. Clark said they will range from $800 to$1,600 for one to two bedrooms. Hilgcman commented she has mixed feelings about the development. This development will change everything about this site from tees on it to the , grade of the land. She alto didn't like the fact that there is 90 percent of Ninc-Mile Creek frontage and the huge tree loss. She thought the tree replacement plan was wondzrful and very easy to read. She doesn't like an impervious surface but understands that the impervious surface was strung out along the apartments which makes it less obtrusive. Every time she found something she didn't like about it there was a reason she felt she was behind it. However,it is a much better plan than what could have been there. There arc a lot of variances but she could not think of a better land use that would preserve more of the natural features. 8 Approved Minutes Parks, Recreation and Natural Resources Commission Monday,November 18,1996 I Koenig concurred with Hilgeman's comments. She was happy to sec apartments going in with a lot of rentals. It's a much better use than industrial and that would have had much more impervious surface. She stood at the 915-foot point on the site and indicated it is an incredible view to lose but understands the developer has no choice. Still she hates to sec another hill lost. I i 1 Jacobson asked if these hills were manmade or natural. Fox replied they arc natural hills. Hilgcman was concerned about how much grading would be going on within the shore impact zone. Fox said the only grading would be for construction E of the private drive. Clark commented that most of the grading will be minor and will be toward the area where the NURP pond is. Bowman expressed concern about how they might get public access to Smetana Lake and would like something as a condition of the public casement.Clark indicated that Marcella Smetana's house is going to remain and there will be an casement provided for her through their property as long as she likes. It is a public casement access plus the new walkway will be included in that as well. They are not going to lose the opportunity for public access. MOTION: Brown moved,seconded by Wilson,to approve Smetana Lake Apartments project with respect to the staff recommendations of November " 8, 1996.and that a condition of the public casement is to retain public use to Outlot A if a public access is ever developed on Outlot A. Motion carried } 6-0. i V1. OLD BUSINESS i 1 A. None, VI1. NEW BUSINESS - l's A. None. Vill. REPORTS OF COMMISSIONERS AND STAFF A. Reports of Staff B. Update of Staring Lak Koenig commented she spoke with Jeff Johnson this morning. htc went out and looked at the site again and he feels the second two rows of silt fencing i 9 Approved Minutes Parks,Recreation and Natural Resources Commission Monday,November 18,1996 ( they put up is adequately keeping the silt out of the creek and underneath the walkway. He does feel the area should be restored and it should have been done weeks ago. It still has not been restored. He said he would send direction to Pulte to get down there and do it. The sanitary sewer is in and the restoration should have taken place, t 1 She also asked Jeff Johnson about Mitchell Village which has damage to the wetland on the silt fencing where they put in a sanitary sewer. He initially said they should restore it and then said he was not that worried about that 1 area. She noted that the silt fencing in the Centex area is still down. 3 Koenig asked what the status is of the motion about red tagging. Lambert indicated it was sent to the Council in the FYI packet. i Fox noted they arc going to present to Pultc that if they don't fix it by the r weekend the project would be red tagged and this was recommended by Jeff t Johnson. t 0 Koenig said she would like information on future projects as to whether or not a sanitary sewer has to go in and create disturbance to a wetland. v Brown expressed concern about follow-ups to these projects as to whether developers arc doing what they're supposed to be doing. The City needs to have a better wary of doing this. 1. Reports of Community Center Manager a. Cancellation of Open Skate for the Eden Prairie Hockey 1 Association's Thanksolvine and Christmas Tournaments j Staff referred the Commission to a mono dated November 12, 1996, from Joel Klutc, Ice Arena & Concession Coordinator. Klutc stated he would like approval from the Commission for the cancellation of open skate for the hockey tournaments. The tournaments generate more revenue than open skate and it's only for a couple of weekends out of the year. They try to do this as minimal as possible. He reviewed the times that open skate would be cancelled. Koenig asked how many people would be inconvenienced that would really want to use it. Klutc replied there arc no ( records to show that because this has been done for the last eight years. 10 I Approved Minutes Parks,Recreation and Natural Resources Commission ( Monday,November 18,1996 Jacobson was concerned that this request is coming to the Commission 1 1 days before the tournaments start and the tournaments were determined a year ago. Next year he would like the Commission notified of this in August. Bowman asked if the City gets many complaints to the cancellation. Lambert said he has never had a call in all these years. { Wilson would like the dates for next year's tournament as soon as possible so that the Commission is not put in this situation again. MOTION: Brown moved, seconded by Hilgeman, to approve the request for cancellation of open skating during the hockey tournaments. Motion carried 6.0. IX. ADJOURNMENT MOTION: Koenig moved,seconded by Brown,to adjourn the meeting. Motion carried 6-0. The meeting adjourned at 9:20 p.m. i 11