you you you I will call this me commissioned to order the first item of the agenda is adoption of the agenda does daffy have any changes no changes anything from commissioners see none is there a motion I'll second so Robertson and John thank you is there any discussion see none all in favor say aye all those opposed say nay motion carries the second item on the agenda is to approve the minutes from the August 12 2019 Planning Commission meeting the staff have any changes no changes from staff anything from commissioners seeing none is there a motion so moved second is there any discussion seeing none all those in favor say aye all those opposed say nay motion carries the third item on the agenda is a public hearing for the city of Burnsville for a conditional use permit to excavate and fill within the kam Ram floodplain to construct a public trail located and tell her Park at one four nine five one Burnsville Parkway West presented by Allen brixey asks I'm their planning consultant you probably have never met me before I'm with Northwest associated consultants as the title indicated we're looking at tonight is a conditional use permit for the excavation and fill of floodplain area when we're talking about this area this is what's being considered quite Planning Commission in your packet you'll find that this trail quarter has been extensively studied you have a no rise certificate from the DNR you have fan management plan you have a construction profile floodplain assessment you have the entire trail plan that was prepared for this so you can see how it works and I'll take you through those as wetland delineation this is consistent with your comprehensive plan as well as consistent with met councils long-range plan for the area through this this this planning for this park trail is was begun as early as 2013 and has been in the works since then the place that we're talking about goes through kellard Park and also Murphy hammer ham the site is illustrated on your site under dais showing the location of the park between Burnsville Parkway and judicial Road the site is owned park and also Conservancy within this zoning districts trails themselves are permitted uses and the only reason we need the conditional use permit is because we're affected by the hundred year flood plain the Lake Marion Greenway study which was prepared in 2013 included references to the - this trail segment you can see this area right in here in 2013 more specifically you can see how it affects counterpart in this direction this is a more specific detail of how the park trail will enter and exit over to the Keller Park location between judicial road and Burnsville Parkway the location and sighting of this has been specifically guided and directed and designed in a manner that would have the least amount of impacts on the neighborhoods on the floodplain and the wetland that's that were passing through in looking at at the at the conditional use permit we have some specific guidelines as to whether they meet this life is danger to life or property due to increased flood we have a certificate dated seven one nineteen from DNR that says we will not have any significant raisins flood elevation danger materials being swept into the into the flooding during flood seasons these things have been designed in the matter we are only adding seventeen thousand one hundred and sixty s cubic yards of additional fill a flood plain the design of the trail as well as the boardwalk Park will be such that it will not result in any downstream removal or damage to those structures or causing any flotation downstream don't cause destruction to adjoining properties does it affect any of our water supplier or sanitary systems we did note that there will be high degree location in conjunction with the trail development however this is not a direct impact as far as utility service or capacity is it improvement subject to floodplain damage trails are allowed use in the flood fringe they are specific fill out in based on FEMA do not represent a flood damage potential important to providing services here we get into some of the issues our comprehensive plan stresses that our parks and trails are important amenities within the community this trail quarter has been adopted as part of the 2014 conference a plan and its implementation fulfill facilitates the need for this public improvement requirements the facility for waterfront connections or exceeding a waterfront location this is going to meet all building code and EDA requirements the trail design as well as the boardwalk is extensively built to allow for disability access the boardwalk in fact will be constructed to accommodate truck traffic to poor maintenance to keep it open year-round alternative locations that a number of locations were looked at there's a number of environmental concerns here regarding fan and the quality of or endangered species this location represents the least amount of impact on those environmentally sensitive items there's compatibility with existing and future land uses who in looking at this we're making the claim that the location has been specifically guided based on the physical characteristics of site it avoids environmentally sensitive areas as far as the fan it also protects against some of the endangered species it's located with separation from the neighborhoods or we're making the finding that it's no significant impact on floodplain the boardwalk will be located in lower quality wetland areas the boardwalk will be elevated five feet above the surface such that vegetation will not be impacted specific steps have been taken to minimize the impacts on the fern no lighting will be proposed on the trail and the boardwalk we construct to accommodate emergency vehicles and maintenance vehicles to keep this a year-round facility finally the relationship with the Comprehensive Plan when we look at we look at this location we find that this is consistent with the policies and the recommendations of the Comprehensive Plan the 2040 plan includes this component the studies that have gone into it demonstrated the preferred location this is only part of a larger trail system including trail segments that have been built further to the north including this link this portion that has been constructed in 2018 the toll trail segment to Lake Marion is anticipated to be completed by 2021 unless this is a segment this is the fun of your floodplain that we're it may be impacted along with the stream you can see what's what's being designed and corrected not let the engineer describe this additionally we have boardwalk sections gated right here trail sections can the board wat X extending back over to the Highland where it becomes fail again the design of the trail is intended to be offered year-round use staff review we believe this has been heavily studied well beyond just individual city staff we believe that we're recommending a approval of the conditional use permit and with the conditions that all wetland and water permits be approved prior to commencement of public will work in public waters construction of the boardwalk meet all requirements of state Minnesota the city of Burnsville regarding billing code EDA requirements as constructed plans are maintained on file and required by emergency management agency floodplain management administration and pursuant to the flood excuse me the fan management plan one of the areas of concern is with year-round use removal of snow and how we treat the surface of the walkways as well as trails with that if there's any questions public works myself engineering consultant in the audience will try to respond thank you commissioners are there any questions for staff Commissioner John okay so this is a county project am i right or is it a city county mix project right I'm Commissioner John Howe members of the Commission the way this goes is Dakota County has created a master trail plan all throughout the county what they do is they leave it to the cities to try to get funding to do these projects and then they partner with us when we're actually developing them and building them and should we get them built then the county takes over maintenance and ownership of the project I just think there try to reward cities that are ambitious about trying to get these in so you're right it's a combination we get a built we turn it over to them for maintenance okay and then so you're saying the counties in charge of the maintenance do we know how they're gonna clear this snow off the trail at the boardwalk portion I'm gonna push it away with rock is that what we're saying yeah commissioner it'll be a wide enough to use a pickup truck upon okay in reading the literature on this it's gonna be a nine-ton boardwalk and I thought that was remarkable commissioner tournament yes I have a few questions for you mainly regarding the safety of the trail just based on a few of the things that I noticed in the background packet I think the project's great overall in this particular segment as well I didn't get a good idea and maybe it is in the background but I didn't get a good idea of the safety precautions for I guess avoiding people falling in to the fend falling into any standing water at a five foot fall and any depth of water especially with no adesh additional lighting at night can you speak to the considerations of the safety with that I appreciate the ATA accommodations and the width of the trail for snow removal and other maintenance but I I'm just concerned about a 5-foot height and then water at the base of that well if you'll have full railings to meet all code requirement that that is the basic safety um humanity that's being placed on there with it and then as far as the lighting yes the trail going to be open a night is a use at your own little peril little Duff we be open all night and I I think if we did try to light and we'd receive a lot more negative comments than positive so you're gonna have to take take care if you're out there in the night there's no doubt but it will have this appropriate safety railings okay Commissioner Roberts just a simple note um and my understanding is no motorized vehicles that's correct well except for maintenance that's correct have we ever had problems with snowmobiles or anything like that in the past and we haven't had this trail we're building the trail but right out in this area would be the most likely area that snowmobiles would exist down Southwest Burnsville it is more open I don't anticipate snowmobiles going on there but if it does we would be either have enough you know Burnsville police or it could be a Dakota County Parks that was my second question was jurisdiction of since they're gonna be doing the maintenance on are we then in charge of police unit we probably the first call if it turns into a consistent problem we'd likely ask for Dakota County to come out and okay monitored what just looking out for the people we're walking through there that's all absolutely and you know you can use a motorized wheelchair on there as well that would be the one I think I would say you could use but Commissioner or what I think I'm supportive of the whole project you you mentioned that the this brought the route of the trail is through lower quality wetland areas what what's the difference between lower quality and higher quality here there's different classifications for wetlands based on water levels vegetation upon ecological support elements so you the wetlands are evaluated based on different criteria within this area there was specific note I just mentioned areas of blending turtles which are endangered and have to be protected you have the the fen area which is highly valued and so in looking at these some of the studies were worth we put this with the least amount of environmental impact and so in making those judgments believe that construction design guidelines that they're used were let's put this where we can put this with out infecting these other areas are environmentally sensitive engineering okay thank you Commissioner John I was just curious what type of materials are being used for the boardwalk portion enough that was enough it feels that all not yeah Dakota County they also are a major funding partner on the project their funding considerably larger the portion that we are so they went through an analysis to determine if it was gonna be a concrete boardwalk or a boardwalk and they're gonna end up there any news lumber or it's will be lumber slats going all along there they had to weigh the maintenance cost of it against the initial upfront cost but the additional cost of the concrete was too expensive sorry for the long winded answer I could go through an extensive minute came up with the wood is what they're gonna be using and yeah how long is that the boardwalk portion some of thousands of feet okay but it's definitely not a half a mile so I'd say it's in that 1,000 foot range somewhere on there okay thank you any other questions commissioners so before I open the public hearing I wanted to let everyone know that the role of the Planning Commission is to review the land use applications to determine if they meet the standards contained in the zoning ordinances after reviewing the evidence we will make a recommendation to the City Council the Planning Commission's decisions are advisory and the City Council makes a final decision tonight we will only hear comments relating to the conditional use permit to excavate fill and construct a trail within the Cameron floodplain and no other comments regarding details of the overall Dakota County Greenway Trail system or construction plans for any other portion of the trail project if you would like to speak regarding the proposed project and the cameron floodplain please come to the podium state your name and address for the record and write it on the form if you haven't already done so I'm sure many of you may share some of the same concerns about the application for a trail within the floodplain if so please do not repeat comments are ready stated by someone else so with that I will open the public hearing at 6:48 would anybody like to come up and speak all right thank you my name is Mike Torres I live at one five two zero eight Wildwood Road not far from where this project he's going to be I was very excited to hear about it and see the poster advertising it I think in addition to what they've said is there's a safety concern also by building this trail by right through there awful lot and you come down to where the road narrows down cars came and passed bicyclists and bicyclists have to get on sidewalk with pedestrians so I think there's also a safety feature to this way I hope it comes to pass very quickly thank you thank you is there anybody else who would like to speak okay with that I will close the public hearing at 6:49 commissioners do you have any other questions or concerns comments Commissioner Roberts yeah I just want to say great job for those of you that put this together a lot of information it was that length but it was informative kind of excited to see what this is gonna be like and actually I'm excited more for the boardwalk made out of wood cousin boardwalk is what it is aesthetically it's been better naturally among all the wetlands rather than a hunk of concrete riding through there so I'm anxious to walk on that but I'm just done great job for the people that put this together for staff Commissioner John yeah I wanna wanna ditto Commissioner Roberts as comments plus say I really appreciate the look at the wildlife and things of that nature when we're putting this together I know it's kind of cost more in the end to put in the boardwalk but I think it's money well spent here so I really appreciate that Commissioner Timmerman I know we're supposed to keep a narrow focus here on the actual project at hand but I'm looking at a Google image right now at how close this is to what could be wonderful wonderful walking and biking connections to the Burnsville center area other areas of the the city and I just think as far as what our city's trying to do I think this is a great project any other discussion would somebody like to make a motion Commissioner Roberts I move that the Planning Commission recommend to the City Council approval of the CEP to allow grading and filling within the floodplain to complete the Lake Marion Greenway Trail projects subject to the following four conditions that are listed is there a second I'll second that okay John are there any further discussion okay all those in favor say aye all those opposed say nay motion carries and this item will be heard at the September 3rd City Council meeting so the last item on the agenda is updates the staff have any updates we have a couple of updates just passing out the agenda for the next meeting there actually are two other items that are not shown on the agenda their work plan items and since most of you are new commissioners you probably are not familiar but the all of the different Commission's do a work plan for the projects that they want to study or be look at and you will do that also come the end of the year beginning of next year but on the work plan there is a review of the city's solar ordinance that's been done each year for several years to Stu do the changing technology and then there's also another item which is the Planning Commission and council went through pretty extensively the zoning ordinance last couple of years and tried to make some of our processes more makeup birdsville friendly make some things more things administrative so that people didn't have to pay so much it takes so much time to go through a conditional use permit that type of thing so we did that a year ago and Planning Commission wanted to come back in a year just to see how that was working so that's the other item in addition to the two applications that are there and then in addition to that for the City Council meeting they did approve both of the projects that were recommended for approval by the Planning Commission last time that would be the park jeep project for concept stage planning of development and interim use and rezoning and then the quarry property which was a Planned Unit development amendment for semantic rushing for that to continue so with that that's all we have the commissioners are there any updates okay seeing none is there motion to adjourn the meeting I move we adjourn the meeting okay my Commissioner watt is there a second by Roberts all those in favor say aye aye all those opposed say nay motion carries