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HomeMy WebLinkAbout04-02 CITY OF LAKEVILLE PARKS, RECREATION AND NATURAL RESOURCES COMMITTEE April 2, 2003 ITEM #1. Call to order. The meeting was called to order in the Council Chambers at City Hall at 6:05 PM. ITEM #2. Roll call. Present were Committee Members R. Boldus, J. Berg, C. Skeps, T. Goodwin, P. Messinger, J. Volimas and H. Lovelace. Also present were Parks and Recreation Director Steve Michaud, Environmental Resources Coordinator Mac Cafferty, City Attorney Roger Knutson and Recording Secretary Pat Vinje. ITEM #3. Approval of Parks, Recreation and Natural Resources Committee minutes of March 19, 2003. The minutes of the March 19, 2003 Parks, Recreation and Natural Resources Committee meeting were presented. The minutes were approved as written. ITEM #4. Citizen comments. There were no citizens present at the meeting for items other than what is scheduled on the agenda. ITEM #5. Staff reports and summary of current projects. Staff has no further items to add at this time. ITEM #6. Midwest Asphalt interim use permit. Midwest Asphalt, Inc. has applied for an Interim Use Permit (IUP) to allow expansion of the existing sand and gravel mining operation on property th located north of 195 Street and east of Kenrick Avenue. Mr. Blair Bury of Midwest Asphalt, Inc. was in attendance. He stated he is a co-owner of Midwest Asphalt, Inc. operating the gravel mining pit but is not the owner of the property. The owner is his father. The interim use permit was referenced with attention to the following items: 3t) Two-hundred-fifty (250) two and a half inch caliper oak, maple or ash trees shall be planted . . .; which is a duplication of item 3c) Reforestation shall include the planting of 300 2-½ inch caliper trees must be planted. Item 3t) will be deleted from the final draft of the interim use permit. 3m) Rock crushing on Saturdays was referenced in the first line which conflicts with the second line. The first line will be amended. Committee member Skeps stated the illegal deforestation was shameful. Mr. Bury stated he was not on the property at the time and was not aware of the activity. He indicated Midwest Asphalt, Inc. is not willing to replant Parks, Recreation and Natural Resources Committee Page 2 April 2, 2003 trees and felt the property owner should be responsible for the tree replanting. Midwest Asphalt, Inc. is applying for an interim use permit to mine on the east side of the pipeline. It is the intent to remove 65,000 cubic yards of gravel from the site with this permit. Skeps asked City Attorney Roger Knutson what would be the consequences if the stipulations of the permit were not met. He responded it would be considered a crime and a hearing could follow to revoke the permit. Committee member Messinger requested clarification of the date for site rehabilitation which is December 31, 2006. Messinger referred to item 3g) All soil disturbed during the September, 2002 tree removal must be seeded and covered with fiber blanket prior to any mining activity. Mr. Bury responded some of the erosion control plan required by the permit is in the area disturbed by the tree cutting and would consider doing more to protect the disturbed area mentioned. Replacement of trees associated with the tree cutting he will not agree to. Skeps asked when the current permit expired. Mr. Bury indicated it expired this spring but the application for another permit was submitted before expiration. He told the committee Midwest Asphalt has been in business for 35 years, has worked well with City staff and has been in compliance with permit requirements. They plan to restore the site to a certain grade when mining is complete. Mr. Bury added it would not be economical for his business to replace the trees estimated at $60,000. He said the responsibility of the trees lies with the property owner. His intent is to submit a restoration plan including trees when the mining excavation is completed. Messinger expressed concerns regarding the erosion of the site due to the absence of reforestation whether trees are planted within six months or one year. Mr. Bury responded an erosion control plan will be submitted which addresses silt fencing and nerp ponds and any erosion into Lake Marion. Committee member Berg asked if the anticipated 65,000 cubic yards to be excavated from the east side of the pipeline was all the remaining gravel from that area. Mr. Bury replied yes. Committee member Volimas asked what is the quantity from the west side and Mr. Bury replied it would be 200,000 ? 300,000 yards dependent upon the final site plan. The time line could be 5-7 years for complete excavation. Chairperson Boldus opened the discussion to citizens with any comments. Mr. Barry Fick, representing the Lake Marion Association, spoke to the committee stating the Lake Marion Association supports the stipulations Parks, Recreation and Natural Resources Committee Page 3 April 2, 2003 outlined in the interim use permit in addition to the reference of replanting trees and the grading plan. Skeps asked staff the amount of erosion that had affected Lake Marion. Mac Cafferty responded there was a fair amount but it was fortunate to have had low levels of rainfall and snow melt. He added it was not recommended at this time to pursue reclamation efforts to remove silt from the lake. Skeps questioned if the $60,000 letter of credit was sufficient for reforestation and who is responsible for the planting. Staff replied it was sufficient, Midwest Asphalt, Inc. is responsible and the City will monitor the progress. Staff asked Mr. Bury of the start date to remove gravel from the site. He replied after weight restrictions are lifted sometime in May and 30,000 tons (15-20,000 cubic yards) would be removed by July 1. He estimated based on market demand, all 65,000 yards could be removed in one year. Mr. Bury stated the erosion control plan has been worked out with staff and can be implemented at any time following authorization of permit. Mr. Thomas Radio, attorney for the owner, commented that the tree cutting incident is going to trial and no one will know the outcome until the process is complete. He further stated the tree removal incident has nothing to do with the Midwest Asphalt application to mine. Messinger added she would like to add to stipulation 3g) that the erosion control plan be implemented within two weeks of the permit authorization if City Council agrees. 03.13 Motion by Messinger and seconded by Volimas to recommend City Council consider approval of the application of Midwest Asphalt for an interim use permit for the gravel mining operation located between Kenrick th Avenue and Lake Marion and north of 195 Street. Midwest Asphalt, Inc. shall comply with the amended stipulations as stated in the interim use permit. In addition, the committee further recommends item g) referencing seeding and covering disturbed soil with fiber blanket prior to any mining activity be done as soon as possible or within two weeks following City Council approval. Ayes - 7 Nays - 0 Motion passed. 03.14 Motion by Goodwin and seconded by Skeps to amend the motion to further require the applicant to meet all the recommendations stated in the memo written by Jay Rubash, Assistant City Engineer and McKenzie Cafferty, Environmental Resources Coordinator. Parks, Recreation and Natural Resources Committee Page 4 April 2, 2003 Ayes - 7 Nays - 0 Motion passed. ITEM #8. Lakeville High School #2 preliminary and final plat. Representatives from Lakeville School District #194, WOLD Architects and WSB & Associates were present to discuss the plans for the second high th school to be located on 153.46 acres southwest of 210 Street and Jacquard Avenue. The school will house grades 9-12 and is planned to open Fall 2005. There are 30.89 acres along CSAH 70 which will be deeded to the City for storm ponding and a future greenway trail corridor which follows the designated trout stream. The site also has 15.14 acres known as Outlot A which will be retained for a possible future elementary school. Additional items discussed included the following: 1) Are there wetlands located on Jacquard? Yes, they will be mitigated on site. 2) Will there be power from CSAH 70? Dakota Electric and Xcel th Energy both have power to the site from CSAH 70 and 210 Street. 3) Will the upstream water area be held in ponds? There will be culverts placed under CSAH 70. The ponds will eventually flow into the trout stream. Committee member Goodwin recommended adequate flow, not retention, for affect on the trout stream. 4) How much of the site is impervious surface? Of the 155 acre site, 35 acres. th 5) Signage will be located at 210 Street and Jacquard Avenue vs. along CSAH 70. 6) Changes to CSAH 70 are included in the 5-year CIP plan. Any impacted changes have been taken into consideration. 7) There are drainage, utility and conservation easements to protect the wetland near Outlot A. 8) The question of the zero phosphorous fertilizer law was raised and whether school districts are exempt. Staff will seek an answer. 9) Athletic field use will be governed by a joint power agreements between the City and the School District. 10) How far is the parking from proposed athletic facilities? The furthest fields may be as far away as ½ mile. 03.15 Motion by Goodwin and seconded by Berg to recommend City Council considerapproval of the Lakeville High School #2 preliminary and final plat. There are no park dedication requirements associated with this plat. The Lakeville School District is responsible for construction of an 8-foot wide th bituminous trail on the west side of Jacquard Avenue between 210 Street and CSAH 70. The School District will be responsible for grading the multi-purpose trail identified on the grading plan adjacent South Creek with the second high school improvements for which the City will pave at a later Parks, Recreation and Natural Resources Committee Page 5 April 2, 2003 date. The City and school district will develop a joint powers agreement to outline public use of athletic facilities. In addition, the School District is required to follow all natural resources requirements detailed in the Planning and Engineering reports associated with tree preservation, grading, drainage and erosion control and further recommendations by the Dakota County Soil and Water Conservation District, if applicable, shall be adhered to. Ayes - 7 Nays - 0 Motion passed. ITEM #7. Gander Mountain preliminary and final plat. Gander Mountain, an outdoor sporting goods retailer, proposes to construct an 87,000 square foot retail store on 9.79 acres. There are no park requirements associated with this plat. Kenmore Park is located in the southwest area of the proposed project. Neighborhood meetings were held and residents expressed concerns about children approaching the building from the playground. The developer has agreed to install a black vinyl coated chain link fence along the east side of the park. A cash contribution is required in the amount of $51,678 based on 9.57 acres x $5,400 per acre. 03.16 Motion by Volimas and seconded by Messinger to recommend City Council consider approval of the Gander Mountain preliminary and final plat including a cash contribution in the amount of $51,678 based on 9.57 acres x $5,400 per acre to satisfy the park dedication requirement. The developer will be required to install a black vinyl coated chain link fence along the east side of Kenmore Park in addition to installing several trees adjacent the park and the residents located to the north of the park. The developer will also be required to construct 8-foot wide concrete pedestrian ramps in the existing sidewalk at all driveway locations and stripe the entrances with zebra crosswalks and stop bars, consistent with the sidewalk/trail requirements for commercial development. In addition, the developer is required to follow all natural resources requirements detailed in the Planning and Engineering reports associated with tree preservation, grading, drainage and erosion control and further recommendations by the Dakota County Soil and Water Conservation District, if applicable, shall be adhered to. Ayes - 7 Nays - 0 Motion passed. Parks, Recreation and Natural Resources Committee Page 6 April 2, 2003 ITEM #10. Unfinished business. Chair Boldus commented on the annual report. The committee looks forward to seeing it each year and are impressed with the amount of activity the department is involved in. ITEM #11. New business. Staff informed the committee of young entrepreneurs requesting to conduct sales in the parks. A policy is needed which staff will draft and bring to the committee for review. The City does have a peddlers ordinance which covers a broad range. Recent requests by young people included selling pop at Antlers Park and home made dog biscuits at North Park. The Lakeville Baseball Association has requested to submit a proposal for developing a corporate sponsorship program on the baseball fields. The LBA has contributed much funding to developing the fields over the years. They are requesting authorization for installation of two more outfield fences at King Park. The installation process includes a cement strip valued at $1,200 per field, which they would like to waive. They have agreed to pay for fencing, posts, etc. 03.17 Motion by Messinger and seconded by Lovelace to recommend City Council consider approving a resolution accepting a donation (estimated value of $28,000) for the purpose of fencing two fields at King Park. Cement strips can be installed at a later date with the assistance of park maintenance staff and STS crews. Ayes - 7 Nays - 0 Motion passed. ITEM #12. Announcements. The next meeting of the Parks, Recreation and Natural Resources Committee is scheduled for April 16, 2003 at 6:00 PM in the Council Chambers. ITEM #13. Adjournment. The meeting adjourned at 8:45 PM. Parks, Recreation and Natural Resources Committee Page 7 April 2, 2003 Respectfully submitted, _____________________________________ Patricia J. Vinje, Recording Secretary ATTEST: _____________________________________ Robert Boldus, Chairperson