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1995-06-13 Parks and Rec Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION COMMISSION MINUTES JUNE 13, 1995 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, June 13, 1995, in the City Hall Large Conference Room, 1101 Victoria Curve. The meeting was called to order at 6:30 o'clock P.M. The following members were present: Spicer, Kleinglass, Libra, Damberg, Liberacki, Norton and Linnell. Also present were Administrative Assistant Kevin Batchelder and Parks Project Manager Guy Kullander. Guests were Steve Shimek, Volunteer Horticulturalist, Mr. and Mrs. Mike Johnson and Ms. Susan Linnell. APPROVAL OF MINUTES Commissioner Damberg moved approval of the May 9, 1995 minutes. Commissioner Kleinglass seconded the motion. AYES: 4 NAYS: 0 DISCUSSION OF PRIVATE IMPROVEMENTS ON PUBLIC PARK LAND Administrative Assistant Kevin Batchelder stated that the Parks and Recreation Commission had asked staff to investigate private improvements consisting of trail construction and removal of vegetation on City property leading to the pond at the corner of Marie Avenue and Lexington Avenue. Batchelder stated that Parks Project Manager Kullander had looked at the plat maps and determined that the trail is approximately 80' to 100' into the park land which is controlled by the City. He stated that the Code Enforcement Office had sent a notice to the homeowner, Mr. Mike Johnson, of 1085 Bwana Court, informing him that the path was on public property and was possibly in violation of the Wetlands Ordinance. Mr. Johnson's response to the letter from the Code Enforcement Office had been to request an appearance on the Parks and Recreation Commission agenda to discuss this situation. Batchelder stated there 11 are two issues involved in the location of this private trail. He stated that the trail encroaches onto City property, which is an area of open space which was dedicated to the City to satisfy the Park Dedication requirement for the subdivision of this neighborhood. Batchelder stated that the Parks Commission should consider whether or not to recommend that this private use on public open space be allowed to continue. Batchelder stated that the second issue was a Wetlands Ordinance issue that was not intended for the Parks Commission but was a Planning Commission consideration. Mr. Johnson stated that he had put this path in five years ago after a visit by the City's inspector who had informed him to keep this area in a natural state. Mr. Johnson stated that the wood chip path is as natural of a material as possible. Johnson submitted pictures from his property and from across the pond demonstrating where the wood chip path accessed the pond. Johnson stated this trail was never noticed until new wood chips were put in place this summer. He stated that he keeps 150 pounds of feed at all times for the ducks and geese on this pond and that this is the first year that there have been both ducks and geese on this pond. Mr. Johnson complained about the City dredging project on the pond and stated that it hurt the wildlife in that area. Johnson stated that the trail is for his children and that all of the neighborhood children are attracted to the pond to feed the ducks and geese. Ms. Susan Linnell, of Marie Avenue, stated that she was highly upset that the trees were cut down by the crews who did the dredging of this pond. Ms. Linnell stated that the City attempts to build on every inch of property in the City and that the cutting down of the trees in this area was a tragic occurrence. Commissioner Linnell arrived at 6:40 o°clock P.M. Ms. Linnell stated that she lives across Marie Avenue from the pond and that she feels that what the City did to the trees in this area, for the dredging of the pond, is worse than any wood chip path constructed by a neighbor. Mrs. Johnson stated that what this pond needs is to trim all of the vegetation around the pond as it is overgrown. Chair Spicer arrived at 6:45 o'clock P.M. Mrs. Johnson P) stated that it was her understanding that at one time this property was considered an outlot by the City but now it is considered wetlands property. Mr. Johnson stated that it is his desire to keep this area wild and that he has planted many wildflowers and other vegetation in this area. Mr. Johnson stated that he is scared that a child could approach the pond in the area of mud left behind by the City crews and that this is more of a dangerous situation than his path. Johnson stated that he is irritated that the path has been there for five years and that only now when he has added new wood chips has the City contacted him to say that this path is not allowed. Commissioner Norton stated that she raised this issue at the last Parks and Recreation Commission meeting due to her concern that private improvements had been made on City property. Mr. Johnson stated that he did not realize it was City property. Commissioner Damberg inquired if it was correct that Mr. Johnson had stated a City inspector had approved this wood chip path. Mr. Johnson stated that Public Works Director Jim Danielson had visited his rear yard at the time he was removing vegetation to construct this trail. Johnson stated the inspector had informed him that it was necessary to keep this area natural. Mr. Johnson stated that he felt wood chips were the most natural pathway material. Chair Spicer stated that what is at issue here is really a legal question regarding wetlands and wetlands permit. Spicer stated it that is the Planning Commission's prerogative and requires an application for a Wetlands Permit. Mr. Johnson inquired what is it that the City wants him to do. Chair Spicer inquired of the Parks and Recreation Commission what they wanted to do about this issue. Spicer stated there are a lot of alternatives for recommendations but he believes there should be two issues that are addressed. Chair Spicer stated the first issue is the use of park or open space property, controlled by the City, for use as a private pathway. Spicer stated the second issue is a Wetlands Permit issue and is the Planning Commission's prerogative. Commissioner Norton stated she feels there is another issue, that being a liability issue involved in neighborhood children using this path down to a pond on City property. Chair Spicer stated that this may be an attractive nuisance to the area with the children feeding the ducks. Mr. Johnson complained about the dredging of the pond and stated that this project had killed many turtles in this area. 3 Commissioner Kleinglass inquired of the other Commissioners why is the City beating people up over a little trail that goes down to a pond. The Commission inquired of the Engineering staff on what the progress of the dredging project was. Guy Kullander responded that the Engineering Department had been directed by the City Council to clean this pond out and dredge it. Kullander stated that this project was completed in the winter when the pond was frozen and that the dirt is either hauled away or is reshaped. Kullander stated the City is waiting for the ice, that was scraped up in the dirt pile, to melt and for the dirt to dry out before final grading can be completed later this summer. Kullander stated the City will seed in this area and that it was hoped that the natural vegetation around the pond will regenerate and eventually grow back. Ms. Susan Linnell stated that Jim Danielson told her that new trees would be replanted in this area. Commissioner Stan Linnell stated he feels that trees can be replanted in this area, however, dredging was done to improve the water quality of the pond and that it should be successful and that when revegetation occurs this pond will be in better shape. Mrs. Johnson stated that she feels that it is a tragedy that the City had ripped up the pond and that all of the dirt has settled back into the pond that was dredged out. Mr. Johnson concurred and stated that he has video taped everything that has occurred at this pond. Commissioner Damberg moved that the Parks and Recreation Commission recommend that the path can be maintained in place until such time as a Wetlands Permit can be sought and obtained. Commissioner Liberacki seconded the motion. Commissioner Linnell stated that he is concerned about the precedent that this might set and the fact that everyone living on a pond, or next to a park, might want to do something similar. Mr. Johnson stated he has had to feed the ducks to keep them alive in this area due to the City°s dredging project. Or. Johnson stated that he spends $20.00 every Sunday on duck feed. Commissioner Linnell stated that it is possible to access this pond and feed the ducks without a five foot wood chip path that requires removal of vegetation in a wetlands area. Commissioner Damberg stated she feels the City is getting very persnickety and was not following their own rules in cutting down trees around the ponds. Damberg stated that she is noticing that other people are trying to make improvements on public property and mentioned that residents in her neighborhood are attempting to install wildflowers on some City park open space. Commissioner Damberg 11 inquired if the City was going to be an obstructionist in this improvement process. Mr. Johnson stated that he could have had 300 people attend this meeting to support him and stated that he cleans up trash around this pond every summer. Chair Spicer stated that there is a motion on the table as it relates to the Parks Commission duties regarding a private path on City park property. Commissioner Libra inquired if any fill had occurred in this area other than the placement of wood chips. Commissioner Norton stated that she is also upset about the dredging, but, it will be restored after final grading has been done on this project. Commissioner Norton stated that dredging is not the issue before the Parks and Recreation Commission but that the path is the issue the Commission should be addressing. Norton stated that in her opinion, the path is not a natural state for the wetlands area and that it should not be on public property. Commissioner Libra stated the fifteen feet around City streets is boulevard, however, that is being maintained and mowed by all of the property owners whose front yards go out to the City streets. Commissioner Linnell stated that is a right-of-way vs. an ownership issue. Libra stated that wild natural growth around a pond area does not necessarily look more beautiful than landscaping improvements that could be made by homeowners. Libra stated that Copperfield has restrictions around the pond and that they may prove detrimental as the natural growth takes over and restricts everybody's ability to view the pond or access the pond. Batchelder stated that the City°s Wetlands Ordinance does not prohibit people from doing landscape projects around wetlands areas, it only requires that they seek a permit in order to do so. Chair Spicer called the vote and asked that the motion be reread. Administrative Assistant Batchelder stated that Commission Damberg had moved that the path can be maintained until such time as the Wetlands Permit can be sought and obtained. Commissioner Liberacki had seconded the motion. AYES: 5 NAYS: 2, NORTON, LINNELL 5 The Commission directed the applicant to file an application within seven days for a Wetlands Permit. The Commission stated that if no permit is issued for this pathway then it should be returned to its natural state. Commissioner Damberg stated that she feels this park area should be improved in the manner of Ivy Falls Park and that water quality issues should addressed by the Engineering staff. Administrative Assistant Batchelder inquired of the Commission if this recommendation means that they are consenting to allow a private path on City park land. The Commission was of the consensus that their recommendation did not mean that the path could be on public property only that nothing should be enforced by the Code Enforcement Office until such time that a Wetlands Permit can be applied for and that the Wetlands Permit process is completed. Commissioner Damberg inquired of the Engineering Department as to the status of the dredging project is. Parks Project Manager Kullander stated that City Council had directed that this pond to be dredged because of requests from residents in the area. Kullander stated that no landscaping pIan had been included in this project because the natural vegetation in this area will come back following final grading. Kullander stated that the storm water utility fund paid for the dredging project and that City Council would have to approve any additional funds for tree plantings. Kullander stated that this area is going to be regraded as soon as the dirt is dried out and following regrading, it will be seeded. Mr. Johnson inquired how much the dredging project cost. Kullander stated that the dredging project cost 510,000 and was paid for by the Storm Water Utility Fund. Chair Spicer stated that staff had informed the Commission all along, since January, that it would be June or July before final grading would occur. Commissioner Linnell moved to recommend that the City budget landscape restoration for this pond in the amount of 53,000 for additional tree plantings. Commissioner Damberg seconded the motion. Mrs. Johnson stated that it would be nice to include benches along the trail. Chair Spicer stated that if the City does do benches in this area, the stones from Acacia Cemetery should be used for this purpose. Commissioner Liberacki inquired if funding for this type of thing would come from the City's Park Budget or from the Public Works Budget because it was their storm water project that necessitated the need for this. Commissioner Linnell stated that his motion intended that any funding for landscape restoration come from the Storm Water Utility Fund. AYES: 7 NAYS: 0 INTRODUCTION OF VOLUNTEER HORTICULTURALIST Chair Spicer introduced Mr. Steven Shimek, of Mendota Heights, who had recently been appointed by the City Council as the City's Volunteer Horticulturalist. Mr. Shimek described his involvement regarding tree inspection and certified landscapers at the time the trees were installed at Mendakota Park. Following this, Mr. Shimek offered his services to the City Council who had accepted him as a Volunteer Horticulturalist. Mr. Shimek stated that he has worked with City staff on providing better tree specifications for our Boulevard Tree Planting Program and other projects that the City is involved in that require tree installation. Shimek stated that he is a Horticultural Consultant and works for the State of Minnesota as a Forester. Mr. Shimek stated that he is a member of the State Shade Tree Advisory Commission and is involved with of the Tree City USA program. Mr. Shimek stated that he had received twelve or thirteen calls since the growing season has begun and that he is concerned that the City is using him to do individual tree inspections for homeowners. Mr. Shimek stated he was under the impression that his volunteer horticultural position was to help the City with tree management issues and policies and that if homeowners need tree inspections that there are referral businesses that can do that for them. Mr. Shimek discussed how he can help the Parks and Recreation Commission by providing assistance on project bidding and grant money that may be available on a cost share basis for future park projects. Commissioner Liberacki stated he feels this new position is a valuable resource to help the City to deal with forestry issues and policies, however, he agrees with Mr. Shimek that we should not be wasting his time with individual tree forestry advice. Mr. Liberacki stated that he feels that the 7 volunteer horticulturalist will burn himself out if he was to get involved with every resident in the City who wants a tree looked at. The Commission discussed having Mr. Shimek review the Draft Tree Preservation Ordinance and directed staff to take a second look at the referral policies for referring phone calls to Mr. Shimek. Commissioner Liberacki stated he had reviewed the draft Tree Preservation Ordinance and that he felt it was burdensome for individual homeowners. Liberacki also stated that City Council should not be involved in every tree permit approval. VANDALISM IN THE PARKS The Parks and Recreation Commission discussed vandalism in the parks and stated they would like the Police Department to prepare information, for their review, regarding the type and frequency of vandalism incidences, the dollar costs of vandalism in the parks, what possible public education steps could be taken and report to the Parks and Recreation Commission about safety in the park, how the parks are patrolled and any other recommendations on further actions or improvements that can make the parks safer. Commissioner Damberg stated that she had attended a seminar where she overheard homeowners who are adjacent to Valley Park express their fears about the types of nighttime activities that are going on in the park with bonfires and drinking activities. Chair Spicer stated that the judges in his experience always order full restitution when the police have been able to catch vandals. Spicer stated new State laws require parents to be liable for criminal actions of their children up to $1,000n Commissioner Libra stated that the Kensington Park drinking fountain had been smashed. VERBAL UPDATES Administrative Assistant Batchelder provided the Commission an update on the discussion of baseball and softball use at Mendakota Park. He stated the City Council invited any interested Parks Commissioner to attend their meeting on June 20th when physical improvements to Mendakota Park would be considered in order to address the issue of foul balls. Batchelder stated that the City Council had also directed staff to begin working with the Mendota Heights Athletic Association and the softball groups to discuss possible baseball use at Mendakota Park and whether the reservation system could be adjusted to allow Mendota Heights youth to play baseball at these fields. Chair Spicer stated that he has had phone calls from Mendota Heights Athletic Association representatives about this issue and that he feels if play is to be expanded at Mendakota Park, perhaps the City should look into installing lights at the park in order to extend the use of those fields. Commissioner Norton was excused at 8:00 o'clock P.M. The Parks and Recreation Commission was of the consensus to schedule trail stenciling for Sunday, June 25th at 10:00 A.M. and directed staff to provide stencils and paint. Commissioner Liberacki volunteered his little red wagon to carry the paint and supplies as the Parks Commission walks the trails and stencils the distance markers. Administrative Assistant Batchelder stated that the bids are being prepared for Ivy Hills Park and North Kensington Park. He described the changes in the plan to the Ivy Hills Park Landscape Plan by Mr. Hagstrom at the request of City Council. Parks Project Manager Kullander stated that City Council had approved bidding out the stone work for these two parks separate from the landscape improvements. Batchelder stated that City Council had forwarded the Parks and Recreation Commission comments on the Dakota County Capital Improvements Plan to Dakota County. Kullander stated that City Council has approved a tennis court resurfacing bid including the patching and sealing of other courts. Kullander stated that Ivy Hills Park and the Mendakota Park basketball courts would receive resurfacing this year. Kullander stated the plan was to resurface Valley Park next year, as per the Capital Improvements Plan. Commissioner Linnell stated that he is concerned that the adjustments made to the Ivy Hills Park Landscape Plan included too many trees and that this has the potential of harming the wildflower and prairie plantings. Kullander stated that the trees could be put into the bid as add alternates and City Council can determine whether these should be installed at the time bids are received. Commissioner 9 Linnell stated that the Community Education Department has contacted him about their desire to have a member of the City's Parks and Recreation Commission serve on the Community Education Advisory Council. Linnell stated that there is an opening for a Mendota Heights representative and he distributed the information from that request by the Community Education Department, Commissioner Liberacki stated that he had been asked by the School District to serve on a committee that is planning for the new middle school at the Friendly Hills site. Liberacki stated that this may be too much of a time commitment for him and he inquired of the Commission if it would be appropriate for him to serve as a liaison on any kind of planning committee for a new middle school. The Commission agreed that this was appropriate. The Commission stated the City should be involved in any discussions or any planning for the new middle school site. The Commission discussed tennis courts and gym space at the new middle school. Commissioner Liberacki informed City staff that Hagstrom-King Park had a silt fence still in place and that there is a drainage problem at a culvert outlet at the pond at Hagstrom-King Park. DISCUSSION OF CAPITAL IMPROVEMENTS PLAN The Parks and Recreation Commission continued the CIP discussion until their July meeting. ADJOURNMENT There being no further business, the Parks and Recreation Commission adjourned its meeting at 8:30 o°clock P.M. Respectfully submitted, Kevin Batchelder Administrative Assistant