Loading...
Parks and Recreation - 12/06/2010 APPROVED MINUTES PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MONDAY, DECEMBER 6, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS PRESENT: Geri Napuck, Chair, Hutch Coburn, Vice Chair; Commissioners Tom Bierman, Lee Elliott-Stoering Derek Gunderson and Joan Oko COMMISSION MEMBERS ABSENT: Larry Link COMMISSION STAFF PRESENT: Jay Lotthammer, Parks and Recreation Director Stu Fox, Parks Natural Resources Director Matt Bourne, Park Maintenance Supervisor Carol Pelzel, Recording Secretary I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Chair Napuck at 7:10 p.m. Fox introduced Matt Bourne, the City's new Maintenance Supervisor. Fox explained the process used in hiring Bourne explaining he was selected out of 120 applicants. Bourne said he was born and raised in Eden Prairie and is a graduate of Iowa State in turf management. He provided the Commission with a brief background of his work experience. Elliott-S toering said she is very pleased to see how fast the City streets were cleared after the recent snowstorms and feels Eden Prairie does a far better job in snow removal than most other municipalities. II. APPROVAL OF AGENDA Motion: Oko moved, seconded by Gunderson, to approve the agenda as presented. The motion carried, 6-0. III. APPROVAL OF PRNR MINUTES —NOVEMBER 1, 2010 Bierman asked that the second sentence under VIII. New Business, A. Welcome to Eden Prairie Sign on Page 4 of the minutes be changed to read "This particular initiative is not a MnDOT activity but something we can do on our own." Motion: Bierman moved, seconded by Coburn, to approve the minutes from the November 1, 2010 Parks, Recreation and Natural Resources Commission meeting as amended. The motion carried 5-0-1 with Oko abstaining because of absence from that meeting. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION December 6, 2010 Page 2 IV. REPORT OF CITY COUNCIL ACTION V. REPORT OF PLANNING COMMISSION VI. PETITIONS, REQUESTS AND COMMUNICATIONS VII. OLD BUSINESS A. PARK BOUNDARY Fox presented a PowerPoint Park Boundary Inspection Update providing the history of the Park Boundary Program as well as information on areas inspected and trespass examples. He explained the City Council referred the question of whether or not there should be a process for residents seeking a variance or a permit to continue using City/park property to the Parks Commission. Fox reported approximately 900 properties had been inspected with 125 receiving a trespass letter and there are approximately ten issues yet to be resolved. He said the criteria staff has used is that the property line is the boundary and that is what they have consistently been telling the residents. Lotthammer reported one resident may have spent$30,000 on the trespass item and it may cost them an additional $10,000 to remove it. It appears the people who have the most to lose are pushing the hardest to have the rules changed. A larger number of people who were in violation have complied. hi most cases, it is not possible for the City to sell the property encroached on because of the way the park land was acquired. Fox displayed a map showing park and conservation areas. He explained when residents mow the park area and when they sell their home it is often assumed that area is part of the new homeowner's property and those people start encroaching on the property with fences, etc. To only have ten out of 900 people still in violation is a good track record in terms of what staff has been doing in education and enforcement. Lotthammer explained those people fighting the encroachment are costly to the system. Those residents who don't comply are costing the City a lot of time and survey expense. Elliott-S toering asked if a resident isn't required to obtain a building permit when they install a hot tub and couldn't the case where a hot tub was constructed on park land have been resolved at the time the building permit was issued. Fox said in some cases the homeowner does the work themselves and does not have it commercially installed so a permit is not obtained. Also, for example, a permit is not needed for an above-ground pool or for a fence less than six feet high. Lotthammer explained someone may have a permit for a pool and when they showed the survey the pool was located within the survey but when they built it they built it on park land. The City building inspectors do not verify the lot location while inspecting the construction work. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION December 6, 2010 Page 3 Lotthammer said five years ago all of this was discussed with the Parks Commission. At that time the Commission recommended to the City Council that they implement this program. hi 2007 the City brought on seasonal employees to find the boundary and to place stakes at the boundary locations. hi the last two years they have been fairly productive in inspecting some of the areas. Elliott-S toering said she feels by allowing any encroachment on park land that is how they get into ownership change and the assumption it is the homeowner's property. She thinks the line is the line and it is City property and the City is asking for the same respect that private property owners would expect. Napuck said she can understand why people think it is their property and were probably told by the realtor it is their property. However, this doesn't mean they should be grandfathered in. She agrees they can't start making exceptions. They may want to consider a different remedy when the encroachment is more extensive. She also feels there should be a way for the City to recoup costs and attorney fees for these encroachment cases. Fox responded as they move forward with a couple of the more difficult cases it will be made clear that there will be a way for the City to reclaim some of the costs. They will need to determine if the remedy is civil or criminal cases. Bierman asked if realtors must register with the City and when property is transferred to the new person do they have to come to City Hall to transfer the property. Lotthammer responded some City's do have a point-of-sale program but Eden Prairie does not. Realtors are not required to be registered with the City and filing for homestead can be done at the County and does not have to be done at the City. Bierman suggested they have a regulation that a realtor selling homes in Eden Prairie adjacent to City property must have the property line declared otherwise the house cannot be sold. Lotthammer explained one-third of the properties do have markers and the City is putting up markers to inform the homeowner's where the City's property line is located. Bierman questioned if there is a way to monitor this with another organization such as the County. He suggested they have three categories for these intrusions including selling the land, leasing the land or saying no. They would then determine where each instance would fall. The City is always looking for new revenue and this may generate revenue and especially if it is an obscure piece of land the City will never use. Elliott-S toering said she feels the method recommended by Bierman introduces some gray areas. Also, if a person purchases a house next to a conservation area they do not want to see hot tubs,play structures, etc. on that property. If homeowner's are allowed to purchase that land from the City it is no longer a conservation area. Oko said she agrees with Elliott- Stoering. One of the reasons she purchased her property was because she knew nothing would be built in that conservation area and if the City allows residents to purchase that property and put something on it she would not be happy. Lotthammer pointed out there are restrictions on selling park property. Elliott-Stoering said drainage issues could also be affected by allowing intrusion to the park property. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION December 6, 2010 Page 4 Fox explained park land is typically acquired through plat dedications, donations, grant funded purchases or outright purchased by the City. The acquisition can make selling the property difficult. Also, if they sell the land, they are putting themselves in a compromising position. He indicated it is very constant to say the line is the line and they are not being asked to make judgments but are dealing with straight boundary facts. Napuck said allowing the sale of the park property does come with costs and it does become compromising when they say there can be exceptions. She questioned how they would be able to maintain neutrality. Napuck said she believes they would be opening a Pandora's Box to make an exception. She asked if something could be included in a City ordinance stating the land owner would bear the cost of litigation. Fox responded this may be included in the State Statute for trespassing. Elliott-S toering said she thinks the communication of the letters have been very respectful and does not see them as being too overbearing. She feels they are well written and not threatening. Motion: Motion was made by Oko, seconded by Coburn, to continue the process of park boundary inspections and enforce the property line as the no encroachment/trespass line out of concern for but not limited to consistency, cost effectiveness,precedent, time intensity and concerns for lack of objectivity. All members present voted aye and the motion carried 6-0. B. WAY FINDING Lotthammer explained at the last Commission meeting Bierman brought forward an initiative to add signage welcoming people to Eden Prairie. Lotthammer reported signage will be included on the bridge as part of the 169/494 corridor project. He also had a conversation with the Planning Division and they are thinking about a concept within the Planning Commission work plan. Lotthammer said they may request Bierman's presentation to come forward at one of their meetings. VIII. NEW BUSINESS IX. REPORTS OF STAFF A. PARKS AND NATURAL RESOURCES MANAGER 1. Deer Manaizement Fox reported that the Deer Management Program for this year had ended after achieving a reduction of 115 deer in 14 days of work by the contractor. B. COMMUNITY CENTER MANAGER PARKS, RECREATION AND NATURAL RESOURCES COMMISSION December 6, 2010 Page 5 FYI: Community Center Closed—December 25, special hours December 24, 31 and January 1. C. RECREATION SERVICES MANAGER 1. Winter Brochure—mailed to residents November 17 FYI: Community Band Holiday Concert—December 19 FYI: Senior Center Closed—December 23, 24 and 31 D. PARKS AND RECREATION DIRECTOR 1. 2011 PRNR Work Plan Lotthammer reported there are routine items included in the work plan. This plan was previously reviewed by the Commission and they were encouraged to think about things to add to the Plan. The Arts Commission and Conservation Commission would like to have a joint meeting again next year. Elliott-S toering asked that an update on the status of emerald ash bore and Dutch elm be included in the work plan. Fox said there will be a Tree Disease Program update in March. Bierman questioned if there is any referendum money remaining for additional projects. Lotthammer said most all of the money has been designated for specific projects. 2. 2011 Meetiniz Dates FYI: City Center Offices Closed—December 23, 24 and 31 X. NEXT MEETING The next regular meeting of the Parks, Recreation and Natural Resources Commission is Monday, January 3, at 7:00 p.m. in the Heritage Room. X. ADJOURNMENT Motion: Elliott-S toering moved, seconded by Oko, to adjourn the meeting. The meeting was adjourned at 8:55 p.m.