Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
07/06/98 LCEC AgP
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD LAND CONSERVATION MEETING CONFERENCE ROOM MONDAY, JULY 6, 1998 7:00 A.M. AGENDA 1. A. Roll Call Riesen Svoboda Bruno B. Review Agenda 2. APPROVAL OF MINUTES Land Conservation Committee Meeting Minutes of June 22, 1998 (Att.-#2 Draft) 3. REVIEW PACKET A. Newsletter article (Att.43A Draft) B. Land Conservation Program Vision, Goals, and Objectives (Att.-#3B Draft) C. Land Conservation Committee Goals, Objectives, and Work Plan (Att.43C Draft) D. Land Trust Alliance Rally Information (Att.-#3D Web Page 11intout) E. Landowner satisfaction survey (Att.-#3E Are Landowners Satisfied with their Conservation Restrictions) 4. PARK COMMISSION AND LAND CONSERVATION COMMITTEE A. Park Commission Operational Guidelines (Att.-#4A1 Park Commission Purpose and Organization, Att.-#4A2 Shorewood Park Commission General Park Use Policy) B. Park Commission Recent Activities (Att.-#4B 1 Park Commission May 27, 1998 Meeting Minutes, Att.-#4B2 Park Commission May 12, 1998 Meeting Minutes, Att.-#4B3 Park Commission April 28, 1998 Meeting Minutes) 5. DEVELOPABLE LAND INVENTORY MAP A. Developable Land Acreage Summary (Att.45A Summary) B. Vacant Developable Land (Att.-#5B List) C. Occupied Developable Land (Att.45C List) D. Developable Land Inventory Map (Att.-#5D Map) E. Developable Land Inventory Worksheet (Att.-#5E Worksheet) • 6. ADJOURNMENT SHOREWOOD LAND CONSERVATION COMMITTEE MEETING MONDAY, JUNE 22, 1998 SHOREWOOD CITY HALL 7:00 A.M. CONFERENCE ROOM MINUTES 1. A. ROLL CALL The meeting was convened at 7:05 a.m. Present: Ad Hoc Committee Members Dean Riesen, Frank Svoboda and Fred Bruno. Also Present: Jim Hurm, City Administrator; and Erica Johnson, Intern. B. REVIEW AGENDA Nothing further was added to the agenda. 2. APPROVAL OF MINUTES The meeting minutes were reviewed and approved. 3. REVIEW PACKET It was decided that the format of subsequent packets will be prepared for insertion into three-ring • binders. No changes were made to the calendar. Chair Riesen indicated that he will not be at the August 17 meeting. It was decided that if at least two Committee members can be at a meeting that the meeting should be held as scheduled. There was discussion about the content of the draft newsletter article and when articles should be in the newsletter. It was decided that the article should provide more detail about conservation easements instead of estate planning. It was also decided that the articles should start in November of this year. Chair Riesen suggested that every newsletter for two years should have some `good news' about land conservation and protection. "Natural Areas: Protecting a Vital Community Asset," Minnesota Department of Natural Resources publication, was handed out. 4. MINNESOTA LAND TRUST PRESENTATION Ann Haines discussed the role of the Minnesota Land Trust (MLT) and its chapters in land protection. She indicated that there is a very active West Metro Chapter, and that many chapter members are from Lake Minnetonka communities. Administrator Hurm asked if the committee could have the names of the Chapter's members from Shorewood and Excelsior. Ms Haines responded positively. Ms Haines discussed how MLT contacts landowners and what services they offer. MLT does not give advice to landowners about what they should do with their land, it lets them know what their options are. MLT will also help write the conservation easement documents. 0 LAND CONSERVATION COMMITTEE MINUTES TUESDAY, JUNE 8, 1998 PAGE 2 MLT will typically only deal with parcels 10 acres or greater and shoreline properties that are less than 10 acres if they are important open space areas. There was discussion about the size of most of the undeveloped parcels in Shorewood (<10 acres). Chair Riesen indicated that the Committee may recommend that a land trust be created for Shorewood by its residents. Fred Bruno asked if the Committee could copy MLT's paper work to save money in legal fees and simplify the process. Ms Haines indicated that MLT would help where they could. Ms Haines indicated that the National Land Trust Alliance will be holding a national meeting in Madison, Wisconsin, in October of this year and may have valuable information on creating a local land trust and other protection tools. Chair Riesen suggested that we should contact MLT again further into the process of developing a land conservation program. There was discussion about the responsibility of monitoring conservation easements. Administrator Hurm suggested that the city might contract with MLT to do monitoring for the city. Fred Bruno indicated that volunteers could also monitor sites. The model monitoring report form that MLT uses is a simple report form. Chair Riesen suggested that we have an assessor and an attorney familiar with estate planning speak to the Committee. It was decided that the committee would try to schedule Dennis Jabs and Leonard Street for the July 20 meeting. Chair Riesen will follow up and contact those people. Fred Bruno suggested that we have a certified public accountant also speak to the group. Ann Haines distributed: 1.) Minnesota Land Trust Conservation Easement Overview, and 2.) Minnesota Land Trust Member & Volunteer Quotes. 5. DEVELOP A VISION STATEMENT Chair Riesen suggested that the wording of the Land Conservation Program should be changed to `The City of Shorewood will work with citizens and non-profit land conservation organizations in order to maintain Shorewood's natural character without restricting landowner property rights.' The Committee agreed on the change. There was consensus that `preserving' should be replaced with `protecting' in the goals of the land conservation program. The Committee discussed adding specific objectives to the land conservation program vision and goals, such as `To increase the amount of open space that is perpetually protected in Shorewood.' Fred Bruno suggested we look at MLT materials to find further language for the Land Conservation Program Vision Statement. Fred Bruno left the meeting at this point. Changes will be made to the vision statement and goals and will be reviewed by the Committee at the next meeting. 6. DEVELOP COMMITTEE GOALS AND WORK PLAN It was decided to make the Committee's goals more specific or to list specific objectives and to add language about increasing the acreage of perpetually protected land. Frank Svoboda proposed that we include language about using existing land conservation organizations in the process and an alternative to creating an independent land conservation organization. It was decided that this alternative would be added. Chair Riesen proposed that we move up the date of completing the Committee report from • December to October. Frank Svoboda suggested that the elections in November may complicate • DRAFT 29-Jun-98 Newsletter Article The City's Ad Hoc Land Conservation Committee has set a goal of presenting its findings to the City Council by November. The Committee has been meeting on a bi-weekly basis, and the first land protection option that the Committee has studied is a "conservation easement." Landowners can permanently protect their land by donating or selling a conservation easement, a legal agreement in which landowners voluntarily restrict the use of their land. Property rights are like a bundle of sticks, and landowners can donate or sell any of their property rights, such as the right to farm and the right to build. Landowners receive a substantial tax benefit when they donate a conservation easement to a qualifying non-profit organization. The land must be of public benefit such as providing scenic vistas, protecting water resources and wildlife habitat. However, a conservation easement does not require public access, The tax benefit of a conservation easement is determined by the value of the easement. The value of the easement must be determined by a qualified appraiser familiar with IRS regulations. First, the land is appraised with all of its development rights. Then the land is appraised with the conservation easement. The difference between these two appraisals is the value of the easement. If the easement qualifies under IRS regulations as a charitable donation, the easement value can be taken as an income tax deduction. Donating • landowners are allowed to deduct up to 30% of their adjusted gross income for 5 consecutive years. Before making any decisions, consult a tax advisor and a financial planner to determine what is in you best interest. • #3A- DRAFT Land Conservation Program Vision • The City of Shorewood is more than 90% developed. In order to balance the economic pressure to develop land, the City of Shorewood will work with citizens and non-profit land conservation organizations in order to maintain Shorewood's natural character by protecting wetlands, woodlands, open areas, and shoreline without restricting landowner property rights. Land Conservation Program Goals • One hundred acres of natural open space will be permanently protected in Shorewood by 2001. • Educate City Council members and Shorewood residents about land protection options with round table discussion, newsletter articles, etc... Land Conservation Program Objectives • Amend the Comprehensive Plan to include: 1.) the importance of permanently protecting natural open space; 2.) important sites to acquire outright or to acquire a conservation easement ranked with input from citizens; and 3.) measurable objectives, such as permanently protecting 100 acres by 2001. • The Planning Commission and Park Commission will develop an Open Space Plan with input from the Land Conservation Committee. • The Open Space Plan will be presented to the City Council for approval and will be used to guide development decisions. • The effectiveness of the Open Space Plan will be assessed at least annually. Program Vision 313 DRAFT • Land Conservation Committee Goal To recommend a process to the City Council that will permanently protect and increase the amount of natural open space in Shorewood. I I Land Conservation Committee Objectives • Recommend objectives and work plan for a land conservation program in the form of a committee report to the Council by November 1, 1998. • Research conservation tools available to local governments for land conservation. • Educate City Council members and Shorewood residents about land protection options with round table discussions, newsletter articles, etc... • Protect open space in perpetuity by either creating a non-profit Land Conservation Organization or use an existing land conservation organization. • Conduct a policy survey to identify support for public financing of open space acquisition • Communicate with Planning and Park Commissions about their roles in the land conservation planning process • Committee Work Plan 1. Refine vision, goals, objectives, and work plan. Create timeline. 2. Compile information about undeveloped parcels. Develop criteria for evaluating and prioritizing sites. Research conservation tools and develop alternative methods for land preservation. Educate residents by newsletters, public meetings, etc. 3. Develop policy survey. Research creating a land conservation organization and decide if it is feasible. 4. Prepare a Committee report for the City Council that includes land conservation alternatives, recommendations, and an implementation program. Work with the Planning and Park Commissions on a Natural Areas/Open Space Plan. 3 co Land Trust Alliance http://www.Ita.org/rally.h, LAND TRUST ALLIANCE HELPING PEOPLE PROTECT L AN THROUGH THE NATION'S LAND TRUST'S i National Land Trust Rally '98 Sponsored by the Land Trust Alliance October 17-20 Madison, Wisconsin Hosted by Gathering Waters, Trust for Public Land, The Conservation Fund., The Nature Conservancy, • National Park Service-RTCA, and American Farmland Trust, in cooperation with Dane County Natural Heritage Foundation, Ice Age Park & Trail Foundation, and Urban Open Space Foundation The Only National Conference for Land Trusts Join us and the more than 1,000 land trust professionals, volunteers, public agency staff, attorneys, fundraisers, consultants, and other land conservationists. Rally '98 will be held in Monona Terrace, the new Frank Lloyd Wright-designed convention center overlooking Lake Monona in downtown Madison. Choose from 90+ Educational Workshops Whether you're interested in protecting natural areas, agricultural land, trails, urban open space, scenic vistas, historic places, watersheds, or working forests, Rally '98 provides a wealth of information. The educational workshops held Oct. 19-20 will focus on such topics as implementing land trust Standards & Practices, land transactions, conservation easements, stewardship, fundraising, organizational development, legal issues, community outreach, federal policies and partnerships, and tools for local conservation initiatives. Network with Peers Year after year, the Rally offers an unparalleled forum for networking among land conservationists. Trade ideas, share success and war stories, and make contacts at informal meals, breaks, field trips, and receptions. Pre-Conference Seminars • For intensive instruction, attend one of several day-long seminars Oct. 17. Cost: $90 for qualified LTA members, $135 for others. At3D 1 of 2 Land Trust Alliance http://www.Ita.org/rally.htm Field Trips to Explore Wisconsin Reserve your spot early for a field trip to explore a part Wisconsin. Visit Aldo Leopold's shack or Frank Lloyd Wright's studio. Hike sections of the Ice Age Trail or canoe on the Lower Wisconsin River. Bike in b the Kettle Moraine State Forest or go rock climbing on the famous cliff walls at Devil's Lake. Online Registration Begins in Late June On-line registration will be available at this site in a few weeks. Meanwhile, contact Andy Weaver for registration materials. Early registration for qualified LTA members is $250; $350 for others. Accommodations at the Concourse, the Inn on the Park, and the Sheraton range from $78 to $129 per room for Rally '98 attendees. [ Home News ] [ Standards & Practices Field Offices] [ Useful Web Sites ] (Books from LTA ] [ What is a Land Trust if Protect Your Land ] The Land Trust Alliance 1319 F St NW, Suite 501, Washington, DC 20004 phone 202-638-4725; fax 202-638-4730 ® ed ack Major funding provided by the Liz Claiborne & Art Ortenberg Foundation. © Copyright 1998 Land Trust Alliance • 2 of 2 6/23/98 3:56 PM Ld Q:Z 0 y w a ' O G' =0 ~ ~ "C " ' Q N v~ ate., ~ p,, ~ ~ ~ ~ O 0 ~ U ~ ~ o U ° Ei ap.2 ° . a. o 20 t4 (U :s ~~O ~t o~ -w [""vas ~a~ ON 0 O 0 CI cS ''C'' p _ O 3 0 U O (1O bA U O O O Q" w°i 0 0 w 0 0 0 0 .U = •L! O Q O • O > ~ Q O .r .C; ~ ~ ~ ~ v~ 0 CA -75 C-1 4) lu "D (1) Z t4m. c) 0 0 S. zo ~g 3z CZ 0 1.. 0- ~ 3z 3 ~ ° 0 3 4)-s 0 (A 4.4 cn CS o~ ~~y ai i o•a~ `a 3 4--J cz ~ tea) qk) 3 a) > O p a) a O U y z cs cC .0 to > ~l cd o> z N y f 'O ~p+'' p c© 3 C ~ OC 0 •0 1 U 2 L E" u W U + I" Q ~~tiww~ v0 o~~30 64 C4.4 ~a,a3o o~ 3 a~ = ll~ o En 0 C* o to 2 . C4-4 . 0 4~ Wit] O~ ~n s~• ,~'z 0:~--'v~ sczcn cz VQ r. p 00 O 't ~.O O y o V 7 O a) = 0. E3 6 V O Q j' j 3 vi p v~ p OCl E-F y ~ Q ~ ~ • I y o ; 3 0 ° ~ ~ ,o 0 o o s 0'° M a~ Q• ~ oN to to o-mac ~ 73 yc~ >o °307~ O N O 00 In. cz > 1:14 -t BOO 7a~, 4 30cU.~~ ~0- U~U cw ° cat d) > G _ r•. i" W U Q y cG .b + 3 .C N of to O 'C7 O S nom'' O 0 Cn~, v cz ,a -ca y 7:1 to > to r- ~4 C! 0 cn t4 o ~,~W-O' r~wci o° o Qo 0 to to cn ono-~ aoi o a,o a cn Q4 cW-.~3,e~ooo ow~o ~o ❑ ❑ ❑ G ~w O F-~o [0.;y • 202.01 202.03 • CHAPTER 202 PARK COMMISSION SECTION: 202.01: Purpose 202.02: Commission Created, Membership, Term of Office 202.03: Organization 202.04: Powers and Duties 202.01: PURPOSE: The City does now operate and maintain public parks for the benefit and pleasure of its citizens, and the City has in the past expended monies for capital improvements and maintenance of these parks. It is the desire of the City to establish a Park Commission for the City as an advisory body to the City Council to aid that Council in the expenditure of monies so that the greatest benefit may be obtained from the use and maintenance of the parks. (Ord. 84, 6-23-75) 202.02: COiVIMISSION CREATED, MEMBERSHIP, TERM OF . OFFICE: A Shorewood Park Commission is hereby created which will serve as an advisory body to the City Council. (Ord. 84, 6-23-75; Ord. 264, 1-11-93; amd. Ord. 278, 8-23-93; Ord. 317, 12-4-96) Subd. 1. Membership in the Commission: Membership shall consist of up to seven (7 residents of the City appointed by the City Council. Terms of all members shall be for three (3) years. The Citv Council shall designate one of its members as its liaison to meet with the Park Commission, and it shall direct the Park Commission to designate one member of its bodv as a liaison person to meet with the Planning Commission, and the Planning Commission shall designate one member of its body as a liaison to meet with the Park Commission'. Subd. 2. Removals: The City Council shall have the power to remove any member of the Park Commission for cause as defined in the Shorewood Personnel Policv, and after a public hearing with two weeks published notice, by a two-thirds vote of the entire City Council. 202.03: ORGANIZATION: Subd. 1. Officers: The chairman or chairwoman, as the case may be, of the Park Commission shall be selected by the City Council, and that person shall serve in that position a period of one year. The Park Commission may appoint a secretary who may or may not be a member of the Commission. (Ord. 102.8-14-78) • L See Chapter 201 of this Title for the Plannin; Commission. Cir- of Shorewood Draft 6116/98 bra za mission ewood park Corn Shor park Use P d develope use of the General d ve developed orgat atifor ons or the have uthize o d has been purchased Sports an( Park Ian over the Years with the city, have also General 111story ~enerai public. on then own, or organ1zations facilities on P. land the City The sports oenerai. rov. ded by support of the parks facilities P nancial for capital varied in err fi revenue is expected ed Which clear. Less to be develop new trends are w lots are left fees. Also, less Several because fewer tie improvements ark dedication will male it more Trends reduction in p ah property taxes . of fully results a for hi~ pertmauitenance developmend ffi uln to support on-going, and more ° d od e developed parks. adonal amenities tom wo Parks 3o Shor make that statement Lake area cities provide recre4 orgaid?ed ST of those plaYin-ect higher resident vast maJ°rity But each city cities do not exp No Non- Shorewood. ortant that a aperwork Fees do not h ae heir parks. It is imp. This would be It ould be regarding ..non-residents ' aiik : . by ahtion of cooperation fees be paid e for the organ'Zations Q and standi cities no nightmar and harmful to the loner- pmori Lake Minnetonka area cities. first serve' ns ,first come, e ervbe res u idto ld The general policy An a YdePho tion is whe Facilities, anc matter who servation fee" ce fee olicy -re have a 1Vlaintenan Shorewood Paz the Park shelter P should Expectations the facility - m al development, o maintenance of the fa ty origin fund for ongoing and therefore being paid for thee the Qeneral a au°n hicreasing fee to re1mburs ed for a sports ° ervedr status- each year. Bing re$eN t come, first expected _ that is b the firs should be removed from or ate~ reserve" Pklssu es- Discussio if e organ' zation doesn't pay. ,What happens f unt Of maintgnance *Define maintenance- ada to deter►n`e the`° ShouIdthere be a form etic fields require fees 2 asing for amenities.ve irrigation systems, are incre some have ti funding for Expectations Q lots, toilet facilities, me ding kir o At the sama t is reasonable that Capital Fun roads, P~ uipment, and more. Therefore, . playground q declining- ark facilities the ii1ostbe Expectations capital improvements is who utilize P . rovements- Qzed group ark capital imF those org contribute to P aunt©f expected to Issues.-, am ~.mula to determine the Discussion Should there'be a fo capital funds - • 7 Draft 6/16/98 • A Policy Framework For Decisions Regarding "Improvements" To Park Land Set Aside For Sports Organizations Field Athletic fields need to be useable by the general public except for Availability times specifically reserved by the sports organizations for games and reasonable practice. Basics The City provides land, a base facility, basic park amenities and Provided maintenance. Anything beyond basic annual maintenance, or any improvements to the reserved areas is the responsibility of the sports organization. If the improvement promotes safety, the City may consider participating in the cost of the improvement in a partnership with others. Discussion issues. • What are basic park facilities? Requests When a sports organizations requests improvements beyond the From Sports basics, the chance of approval and implementation is greatly Organizations enhanced as the proportion of funds (resources) provided by non- For Improve- City sources increases. A meritorious proposal with full outside ments funding is likely to be implemented quickly while the same project requesting full or partial City funding must be "fit into" the S year Capital Improvement Program if the City feels funding may become available during that time period. Requests for improvements should. be made during the summer for consideration for the next year's City budget. City Becomes Once an improvement for a sports organization is completed it Owner becomes the property of the City of Shorewood. When it is time for major repair or replacement, the organization may provide funds or wait for the City to identify the need and schedule partial or full funding in the year park Capital Improvement Program. Types of Expenditures: • New projects or facilities (L e. magic square) *Improvements to currentfacilities (i.e. bleachers, scoreboards) *Major repairs (i.e. new roof) •Ongoing maintenance (i.e. mowing) i"~ COUNCIL CHAMBERS OOD 5755 COUNTRY CLUB ROAD *ITY OF SHOREW 6:00 P•M- PARK COMMISMAOY MEETING G WEDNESDAY' NLINT _ES COMMISSION N MEETING 1. CONVENE PARK called the meeting to order at 6:07 p•in- V ice Chair Dailman A , Roll Call Doman, Arnst, Bensman Commissioners, ChPa, Mark arrived at 7:00); Council Liaison Roger Present: Chair puzaa administrator Jun Hum and Themub; KOegler Colopoulos and Cochran Commissioners Absent: Also present: Bill Morse of Decision Resources Agenda v the status of the Citizens B , Re only view ler, talked regarding hone call with a phone another ex lamed that he and Mark KOe ag and followed up strator Hurm P It was then followed-uP agreed to Admini The first fifty letters sent out to r gate Review Group. would partici from which only Several resulted in . four residents residents two residents follm that said un with a phone call hone call response from letters sent out and at the follow-Up P r carry over the six fi Q explained Qler stated that six resiobes, are not enough for . Mr. KOeWler ear Mr. Koeb in Oct participate e of they QQested that we try go back to the same l~ aa main was that this is a tough tim Koegler suco hone calls. The goal aitici ate and because to them the Situation ote follow-up P the Citizens Review eed o Group. se of the response would be nice, people that. volunteers at that point arcicipants Citizen ° twenty and seek o f twelve to fifteen p scion table the is to have a minimum Commi tember seconded that the Park be sent out early Sep moved, Bensman September and invitations oust so that Themig . o out in Aug"ust so that Review Group until late a invitation g an stated that she would like to see th roved Bensm dates on their calendar. invitations go out in August. APP residents can get those that the amended motion to say Themig 311 (Arnst opposed)- , APPROVAL OF MINUTE 12, 1998 2 Commission Meeting Minutes of May A. Park could be "center ,Chair puzak asked if there Corrections made as folioed to read , page 3TepaPosts at thecpa king lot on Eureka. money left, is any square on the car he should read: If there a magic s4 paragraph Z, last sentence and put it towards Page 4, was to keep it in Cathcart an consensus basketball court. PARK COMMISSION MINUTES MAY 27, 1998 - PAGE 3 evaluate of each of the parks outstanding. Some of the negative responses (which is a very small percentage) were maintenance and upkeep and lack of facilities. The maintenance and upkeep • tended to be the most talked about in the residents responses. The three items that people are using the most in the parks are: 69%-grassy areas, 67%-playground equipment, 66%-trails at Freeman. The trails were the key draw by people in other parts of the city in the use of Freeman park. rate The value of park value. facilities Commiss Commissioner overwhelmingly asked if they have the responsesat hesedques questions. as a positive Mr. Morse stated that they do. Next was recreational development priorities of residents. Residents indicated that trails were their first or second priority. The top priority is trails and the second priority would be open space. Mr. Morse stated that half the residents are going elsewhere for recreation. 14% are leaving to go to other parks, 10% to other trails and 7% to swimming pools. Question "are you using trails elsewhere", the answer was yes, 43%. Mr. Morse explained that in the four or five communities where they have asked this question the norm is 29%. It does show that there is interest in the community for using trails. People are making a distinction between parks and trails. People were asked if they would like to see the undeveloped land stay that way or see it become a recreation area. When asked this question they specifically asked if trails were included in that as recreation areas. The phoners said that that was not one of the options given. • Positive response for trails was 40%. They like the idea of being accessible. There was a very low percentage for those seeing nothing positive at all about trails in comparison with other cities. 51% said that they see nothing negative about trails. The types of things people saw as negative were maintenance, location, snowmobiles on trails, safety and crime, dogs and messes, negative impact on nature, and road crossings. Respondants 18-44 years ofd were strongly supportive of trails linked to or adjacent to them. Over the age of 44 tended to be less enthusiastic. The Not In My Back Yard (NIlVIBY) problem is not concentrated in one area, it is spread out. In other communities NIlVIBY was a concern. Mr. Morse stated that NRVIBY would not be a crippling issue. Strong opposition of 19% indicates NIMBY comes into play for about 1 and 5 people. They become concerned when those strongly opposed is double that level. When you start getting to half then you have a fairly devastating issue on your hands. Mr. Morse stated that they did explore on the pre-test what the residents thought "adjacent" meant for trails. The pre-test indicated that it meant along their property line. Out of the 300 respondents about 100 opposed adjacent trails to their property. Residents Carmel Rehmalt and Theresa Zerby were present. Ms. Rehmalt stated that she was walking down Howards Point Road, and she counted in less then a mile 30 people walking and motorists trying to pass around them. She stated that this is dangerous and that trails would better serve Shorewood. After going over the survey it was discussed that the Citizens Review process should be re- addressed. This issue should not wait until September. Consensus was not to wait until • September/October but to continue and try to recruit volunteers. COUNCIL CHAMBERS CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • PARK COMMISSION MEETING 8.00 P.M. TUESDAY, MAY 12, 1998 MI_N_U-_ 1, CONVENE PARK COMMISSION MEETING Chair Puzak called the meeting to order at 8:00 p.m. A , Roll Call Themig and Chair puzak; Commissioners, Dalirnan, Arnst, Colopouios, Bensman, ' Administrator Jim Hurm and Public Works Director Larry Brown (arrived Present: Cochran, at 9:15) Absent: Councilmember Roger ChamPa Also present: Jim Wilson (arrived at 8:45) B , Review Agenda ade to talk about half of the Capital Improvement Program (CIP) at this The consensus was m meeting and half at the next meeting after looking at all the park- mented that there is a conflict with the schedule for the next meeting, Administrator Hurm co, to Qo over the survey and he has to leave 27. Bill Morse will be at the meeting 9 Q at 6:00 Wednesday, May gested that they flip the schedule on May 27 and have the meeting tour • by 8:00. Chair Puzkstours after meeting with Bill the Morse. The Park COrill fission could late the and leave for the par ark to tour. That way if it gets many parks as Possible, leaving Badger Park as . Park Commission can tour Badger Park before another meeting- WIL N 2. PRESENTATION TO ANN PA BARD AND appreciation Ann Packard was willdeliver the resolution of Wilson a resolution of appreciation from the Park unable to attend. Administrator Hurm to her. Chair Pu presented to Jim Commission. 3. APPROVAL OF MINUTES - Commission Meeting A. joint-Meeting With City Council and Park Minutes of March 30, 1998 ulos seconded, to accept the minutes as submitted. The motion Arnst m passed 7/0 p. ril 28, 1998 B , Park Commission Meeting Minutes of Ap Correction made as1f follows'. Little League. Page 6, paragraph Motion moved, Arnst seconded to approve the minutes as amended. Dallman missioner Colopoulos and Commissioner Bensman abstained. passed ssed 510. Com PARK COMMISSION MINUTES MAY 12, 1993 -PAGE 3 Regarding Cathcart it could be a potential place for a magic square. The basketball nets need to • be replaced. Check to see if they could be replaced with metal nets. The backboards need painting. Resurfacing of the tennis courts will be done this year. Check with professional regarding the cracks on the tennis courts to see if they can be patched instead of resurfacing. Commissioner Bensman suggested little grass seed here and there. Commissioner Themig asked if the City of Chanhassen could trim around the trees when mowing. Administrator Hurm will call and discuss this with them. At Freeman Park Commissioner Dallman stated that it needs a concession building. Commissioner Themig asked why a concession building by the soccer area. Commissioner Colopolous explained that the one you saw in operation was essentially built for Little League. Chair Puzak stated that it's operated by Little League and the funds go to Little League. It is a dedicated facility. Chair Puzak commented that soccer said that a concession building is not a high priority for them. The concession building was going to double as a warming house and would also benefit the baseball/softball leagues. Plus it's a community park and this is the kind of thing that you have in a community park. Commissioner Arnst asked so what if Tonka United Soccer says it's not a priority for them. Isn't it our park and our shelter and the proceeds go into the park fund. If we put up this structure it would not only serve the soccer people there, but the softball people the members of the public. Commissioner Dallman stated that you could add on a picnic shelter, restrooms, and a warming house down the road. Commissioner Bensman stated that soccer shouldn't become a barrier to having this building. Commissioner Arnst stated Little League concession stand is a nice little building. Couldn't we down scale and build what we can and add on two or three years down the road. Commissioner Colopolous asked if we could build without plumbing? Commissioner Bensman said it would be a mistake without it. Commissioner Colopolous said we would need sewer, which would be around $40,000. Water and electric is already there. Commissioner Dallman explained that if you are going to use it for concession • facilities only, then you can get by with a water holding tank and pump it out. Regarding the parking lot, Commissioner Colopolous was wondering if it was a one time deal with the crushed material that we got from MN Dot last year. It really helped control the dust. Administrator Hurm commented that they would like to get some and put it along the Wagner side.. Commissioner Bensman asked that the damaged sign posts on the trails be removed. Chair Puzak asked if there could be "center car here" posts at the parking lot on Eureka. This parking lot gets congested during tournaments and somebody always bets parked inbetween two cars. He asked Engineer Brown to look into this as the next parking lot improvement. Commissioner Cochran inquired about the concept of rebuilding 1/2 of the soccer field. Chair Puzak stated that no one walked the field and we may find them unacceptable. He suggested that everyone find some time and walk the soccer fields and then come back and discuss the situation later this summer. Commissioner Dallman said that grass seed needed to be planted by the water line trench. Commissioner Colopolous stated that it has been unfinished since early fall. It was asked that Administrator Hurm have Public Works seed this with rye seed this year and after the ground settles to put down blue grass next year. Commissioner Colopolous inquired about the roll-a-dock at Crescent Beach, why it had to be three feet into the water. He suggested that the dock be at shore or put a raft out there. It was determined that the reason for the dock to be three feet out is because of swimming lessons- Administrator Hurm will contact Minnetonka Community Education Services to see if this is why the dock has to be out the three feet. PARK COMMISSION MINUTES MAY 12, 1998 - PAGE 5 $1,000 is not substantial. Commissioner Bensman expressed that based on our resources it's a • large percentage of our resources.We need to look at the context of what we have to give. What are the other communities contributing? She may reconsider depending on what other communities are contributing. Commissioner Cochran stated that whether it is $5,000 or $1,000 it's the token. It was asked that Administrator Hurm find out how much money they have toward their goal. Chair Puzak stated that he would like to bring this to a closure tonight. He suggested that they vote on a motion to contribute a $1,000 and support the construction with some Public Works equipment and labor and that the Park Commission themselves will volunteer and help recruit others to help. That will be our package. Then later in the fall if the soccer money does not get used we can revisit this at a later time. Right now this is the best we can do. Motion withdrawn and restated, Arnst moved, Bensman seconded that the Park Commission contribute $1,000.00 to help in the construction of Minnewashta playground, and that we also supply the Public Works labor and equipment of $500.00 and work to recruit volunteers and volunteer ourselves. Approved 3, Opposed 2, Abstain 2 (Colopolous and Dallman opposed, Puzak and Themig abstained). Motion failed. INSERT ITEM #2 -PRESENTATION TO ANN PACKARD AND TIM WILSON Chair Puzak presented the resolution of appreciation to Jim Wilson at this time. Administrator Hurm believes the vote on the above motion it is correct but will check the parlimentary procedure and report back at the next meeting. Commissioner Arnst asked that when there is a meeting with Tonka United Soccer that a summary • be done and Tonka United Soccer be given a copy. Administrator Hurm has been doing this. It was agreed that the soccer teams do not belong in the areas that are not designated soccer areas. Administrator Hurm relayed to Diana Potter of Tonka United Soccer that the Park Commission is having second thoughts on the $30,000/$30,000. Diane's response was they are also having second thoughts. Chair Puzak stated that the soccer association is a young organization and does not have roots yet. We need to have a meeting with their liaison to the City. Commissioner Colopolous stated that Tonka United Soccer is a big organization with 156 teams. Commissioner Arnst stated that she didn't want to discuss tonight but wants to have in place for next year more formalized agreements and soccer is on top of the list. It would be a big change and would be nice to have this in place for next season. 8. TOURNAMENT POLICY Administrator Hurm stated that we do not have a policy for tournaments. There are no charges, there is nothing in a policy form for tournaments. Colopolous stated that South Tonka Little League has reserved fields until the end of July. In July the senior division plans on hosting a tournament there. Would they fall into this? Administrator Hurm stated that they would fall into the tournament policy because of the way we define it. Basically the end of the season playoffs are part of their reservation, but if there is a special • tournament where others are invited from outside there would be a fee. PARK COMMISSION MINUTES MAY 12. 1998 -PAGE 7 • 11. ADJOURNMENT Colopoulos moved, Themig seconded to adjourn the meeting. Motion passed 7/0. The meeting adjourned at 9:50 p.m. RESPECTFULLY SUBMITTED Twila Grout Park Secretary • CITY OF SHOREWOOD COUNCIL CHAMBERS PARK COINEMISSION MEETING TUESDAY, APRIL 28, 1998 5755 COUNTRY CLUB ROAD • 7:30 P.M. MINUTES I. CONV ENE PARK COb'rn'IISSION MEETING Chair Puzak called the meeting to order at 7:30 p.m. A . Roll Call Present: C Administrator Jim Hurin and hair Puzak; Commissioners, Dallman, Arnst, Themig and Cochran; Public Absent: Commissioners Co opoulos, Bensman; CounciilLai Liaison Larry own McCarty Also present: Chris Farni B • Review Agenda There were no additions or deletions. The agenda was approved. 2. APPROVAL OF MINUTES - A • Park Commission Meeting Minutes of April 14, 1998 Arnst moved, Themig seconded, to accept the minutes as submitted. The motion • passed 510. Commissioner Arnst asked if the minutes from the Park Commission meeting of March 30, 1998 were ever approved. Administrator Hurm will check on this and include it in the next meeting agenda if needed. 3. MATTERS FROM THE FLOOR Chris Farni, Major League Coach for South Tonka Little League addressed those present, thanking the City of Shorewood and the Park Commission for park facilities which allow children to play baseball. Mr. Fami added that the Little League (with the help of the Minnetonka Men's Club), continues to make improvements to their fields to improve safety as well as adding appeal for the players. Mr. Farm's -request was for the Park Commission's approval to install a twenty foot aluminum flag pole to display the U.S. flag and the POW/MIA flag during ball games. The idea is to train kids about flag etiquette and to continue the long-standing tradition of pre-game attention to the flag and to the National Anthem. Mr. Farni explained that the flag would be raised just prior to the game and then brought down at night after the last game. The funds have already been designated by the Little League to cover the cost. Commissioner Dallman stated full agreement with the plan, adding possible resource for providing a that the American Legion is a b training on flag etiquette and may also donate a flag to the cause. Mr. Farm expressed appreciation for the strong community support and noted that the manpower to install a flagpole has already been arranged. Chair Puzak added his agreement and support, calling for a motion to approve. Engineer Brown asked about lighting for after daylight hours and the intended location of the pole. Since games end before dark, it would be unnecessary to add lighting. Mr. Farm described the location to be in line with center field. Administrator Hurm • clarified that this process would not need prior approval from the City Council. . I * 4,/ 0 #2 PARK COMMISSION MINUTES APRIL 28, 1998 -PAGE 3 to each City with a letter asking for their participation. There was also discussion about designating a representative from the Shorewood Park Commission at this time. There were no other questions or discussion. Chair Puzak asked if a representative could be named with two Commissioners absent. It was agreed that someone should be chosen for now and a change could be made later, if needed. The representative needs to be someone who is excited about the idea and could also provide leadership skills. Commissioner Arnst was asked to consider, but declined to volunteer due to lack of time. After further discussion, Arnst moved, Dallman seconded that Dan Puzak be the representative to the Skate Park Committee, representing the City of Shorewood and the Park Commission. The motion passed 510. Administrator Hurm asked for clarification of which communities should be approached. Those listed were: Tonka Bay, Excelsior, Greenwood, Woodland, Deephaven, Victoria, Minnetrista, Orono, and Mound. Chair Puzak suggested that the City of Chanhassen be asked to provide guidance. C . Procedure for Reviewing Requests for Frisbee Golf at Freeman and Basketball at Manor Chair Puzak explained that the Frisbee Golf idea is on the agenda because of a phone request left of the Shoreline voice mail system. He raised the question about future procedure for making such a request an agenda item or whether it should be addressed under Matters From the Floor. There was further discussion about the merits and drawbacks of each approach and possible guidelines to follow. Administrator Hurm pointed out that the Council policy has been that if a request comes on • a timely basis and the requesting party has pertinent materials prepared, they are put on the next meeting agenda. People are not required to first address the Council through Matters From the Floor. After further discussion it was agreed that the placement of an item as a 3-minute Matters From the Floor topic vs. a full agenda item would be determined by the length of the agenda and the time available within each meeting. In the mean time, Administrator Hurm will contact the person with the Frisbee Golf idea and ask them to be on the next agenda. The multipurpose basketball surface will also be a future agenda item. 5. CAPITAL IMPROVEMENT PROGRAM A. Report on Activity to Date Engineer Brown reported that the netting for Freeman field #2 will be installed after NSP has the crew available to install the 4 poles. The nets are being ordered. The adjacent homeowners have been contacted and are satisfied that the foul ball problem is being addressed. Administrator Hurm added that the peak of foul ball occurrences will be later in the season which may mean that the delay will not be a problem. The parking lot at Field #3 is the other part of the $7,500 line item. Public Works has moved the poles so bull pens could be constructed. The "Center Car Here" signs near Field #3 are installed. The good news is that the original possibility of losing 2 or 3 trees is now down to 1 tree that may suffer damage in this process. There will be rock going in by the Eureka Road entrance with Center Car' signs to be added. The benches at Cathcart Park are installed. The overlay of the • tennis courts will be done in warmer weather. The project of adding lighting to the Manor pond is MISSION y11NUTES sanitary, sewer at P A R L C 8 1998 - PAGE for getting by d o help with funding to . AP also offered ideas be challen~ and the sewer Dallm gh in for facilities could also Cotnnussioner the Park F in, could be built with rout - eliminated. an suggested that ation e he meet to . an. He subb ent. The bull Freem rovem roVement. Administrator and projects. supplementthatimPfuture unp e mayor, some of the additional cost of could be added as ion chair piazak suggested that t funds for som discuss the him arrestor Council for general 1999. Admire further discuss the City representatives es in stand After with the soccer club reP and expenses concession discuss the idea of asking c ailed concession toward 0, could be eetinb Bute to the them for more funding b condly, a to em to contri and the soccer clubadsng°t consider e with that until the Se been raised lust comfortabl aske air and ask field rep s idea has Arnst Suggested bthat he is not overall. lie ssioner that there Huhn stated that this Cotnuu Them 0 stated organizaa°nexgained Weer Brown P situation at this time' ssioner with other Sports as a priority Comte . for working En ust-do the cost of field re Pmows its policy their present conditio e' so-1 but it is not a m park Commission kn ust be left in the compacting of cries due to th w if the soccerf ields could to change how ase in ml the City and the has been an does it then require to be flexibility the for this year. policy, There needs this is fine Chair asked that if there is a set p situations. a stated that agree d. Administrator Huhn more established ssioner Themib ssioner Dalluian situation. d with other msimation. Commi done. Commi Brent revenu~o deal with things are hand, with each w it will be a to have a cliff of how ability to negotiate that this is° nation is going at the question olicy seems ointed out that onded that the P flexibility- Comussion acknowledges each organ, the point that ssioner Artist P Cochran resp to maintain the City ,,,,k added ssioner supporting the need In the maJ°r past more discus Si~n t rlved. Comte er horewood. renovation till Followingan~ations There were m°Te cow unique for first time that • sports at policy* • soccer request i but this is the to be that there is no noted that the d expenses, that Administrator K ,ration have shay Kids Grant, sayina b the and the sports orb the Mighty a onty of ainal intent of Where the s accordmS has been needed. gain about the Drib fag Winds into progr CIP Chair asked ab education at first. Now val of the • Commissioner Themig asked for explained the lobic of elpiness of the aPT fight budget, Plus ored with a statement there was lessao Administrator RUM about the tun Ce1 coinb The solution ' eneral fund, (b) with funds would b es. There was rise need from S . to support auidelin of a surf ssion would oney from the 9 seems best to to the an arized the problee Park Comm policy question puzak concepts the City Coun gene at it The a few addition a to negotite (a) within With capes case basis. cause things are would be to off thee TUSA for addition funds consistency This is a separate flexible as possible to deal on a case by eds to be created for the future other time to request for funded and addressed at' ents. leave as baseline ne large t -felt that be another lath be brainstorm cap' ital impro, could Can gird there W it needs of user funded The aid back the table, but to a policy their ability to pay' to be pa ch g the one on is to stick based on hoer of years decision t ak suggested the need nded by the users a longer num Chair Pu would be ents out over grades rovem there is requests for to S Pre ad thost of imp re airs where wil front money s onsibilit<I t . dealtai one pt and that there garuzation. asked ust as goo by the orb about the City's to P abgestion is J'~ to do. l that his sub the City will have anke, owner an Administrator Huhn, responded e things if this is Puzak o f it. There ar e the City s role as asked Chair and takes in the reality puzak is still a la' safety concern. roach would make cause there ways be gives an This approach with maintenanem~°d disagreed ds of the property- to he ssioneL Th stew', ,Kith user-based fee future . Commi caretaker well as the solution for now as PARK COMMISSION 'MINUTES APRIL 28, 1998 -PAGE 7 een covered Chair Puzak reviewed the outcome lodes the understand if item #5 has staff will probeed with ea h . Administrator Hurm clarified that this m of the items discussed except for the soccer field uiom nt haveobeenscontact d Administrator people working on the Nlinnewashta playground Q P wreturned the call. There was discussion about as decided that Chair Puzak wi 1 ask that the Hurm has left a recorded message but they funds not approaching the City Council for addition the frame General Fund Contribution of $10,000 peurm continued tharothereed to eVy limit which would end in 1998. Administrator H imposed by the Legislature that may impact that decision. 7 , REVIEW TOURNAMENT POLICIES Tabled until the next meeting date. RELATION SHIP.WITx 8. DISCUSSION REGARDING GUIDELINES ON SPORTS ORGANIZATIONS This was covered in the discussion under item #5. 9. PARK AND TRAIL PLANNIN PROCESS REVIEW cted Administrator Hurm asked for suggestions or changes in the timeline in the draft p letterfrom to s leYou residents. Commissioner Themig suggested changing the generate more excitement. have been randomly selected" to "You are invited" because it may g e of the letter to serve t. Commissioner Arnst suggested that the entire paragraph be at the beginning g arabaral Adminustrator Hurm agreed. rather than an introduction. She also suggested using the phrase "randomly selected" at the beginning of the second p ph • Back on the subject of soccer . Commissioner Themig had one more comment. He recommended t at the cdiscus ost sion with field pie soccer association should not begin with the idea that the City Chair Puzak stated that he is prepared to negotiate with o the mmwill fund fuR of ediateb udnd~ttanding that the City has limited resources, even if that means another year playing on a urm reminded the Commissioners that the next two meetings begin with a park Administrator H tour at 6:00 p.m. followed by a meeting at 8:00 p.m. at City Hall. 10. RESOLUTIONS OF APPRECIATION one correction to both draft Resolutions in paragraph #5. The word "serve" is changed There was to "service". Themig moved, Arnst seconded that the Park Commission Adopt the Resolution of Appreciation for Jim Wilson. Motion passed 510. Dallman moved Cochran seconded that the Park Commission Adopt the Resolution of Appreciation for Ann Packard. Motion passed 510. 11. OLD BUSINESS There was no old business Developable Land Inventory Summary • No. of No. of No. of parcels <1 parcels 1- parcels 5- No. of parcels Total No. acre 4.9 acres 9.9 acres 10-15 acres of parcels Vacant 51 38 10 1 100 Occupied 1 30 8 1 40 Vacant and Occupied 52 68 18 2 140 Percent 37% 49% 13% 1% 100% Average Parcel Total (ac.) Percent (ac.) Vacant 194.16 57% 1.94 Occupied 146.08 43% 3.65 Combined 340.24 100% 2.43 • develland Page 1 of 1 57A Developable Land Inventory Vacant Vacant • Map No. Sq. Feet Acres 1 17,600 0.40 2 41,500 0.95 3 20,000 0.46 4 57,600 1.32 5 30,400 0.70 6 25,400 0.58 7 88,800 2.04 8 40,000 0.92 9 40,000 0.92 10 40,000 0.92 11 42,200 0.97 12 51,000 1.17 13 227,000 5.21 14 566,303 13.00 15 106,187 2.44 16 40,400 0.93 17 40,400 0.93 18 104,646 2.40 19 42,182 0.97 20 272,800 6.26 21 91,728 2.11 22 42,768 0.98 23 60,600 1.39 24 45,000 1.03 25 259,000 5.95 26 384,000 8.82 27 40,000 0.92 28 36,400 0.84 29 18,238 0.42 30 30,000 0.69 31 142,400 3.27 32 92,800 2.13 33 42,000 0.96 34 37,200 0.85 35 57,400 1.32 36 20,000 0.46 37 324,125 7.44 38 127,600 2.93 39 301,200 6.91 40 20,000 0.46 41 266,000 6.11 42 249,000 5.72 43 45,600 1.05 44 40,100 0.92 45 175,600 4.03 46 40,097 0.92 • 47 53,000 1.22 48 40,800 0.94 develland Page 1 of 3 Developable Land Inventory Vacant Map No. Sq. Feet Acres • 49 45,200 1.04 50 58,000 1.33 51 43,200 0.99 52 153,200 3.52 53 94,800 2.18 54 45,240 1.04 55 30,000 0.69 56 58,750 1.35 57 36,400 0.84 58 115,200 2.64 59 76,000 1.74 60 32,000 0.73 61 36,000 0.83 62 60,000 1.38 63 22,420 0.51 64 40,800 0.94 65 91,600 2.10 66 175,000 4.02 67 41,600 0.96 68 29,200 0.67 69 79,600 1.83 70 60,000 1.38 71 32,200 0.74 72 40,000 0.92 • 73 38,800 0.89 74 40,300 0.93 75 40,300 0.93 76 38,000 0.87 77 38,000 0.87 78 323,600 7.43 79 21,000 0.48 80 40,000 0.92 81 17,200 0.39 82 36,400 0.84 83 47,600 1.09 84 80,000 1.84 85 39,600 0.91 86 53,000 1.22 87 40,000 0.92 88 40,000 0.92 89 40,000 0.92 90 46,000 1.06 91 126,800 2.91 92 28,800 0.66 93 28,300 0.65 94 16,240 0.37 95 77,000 1.77 • 96 93,200 2.14 97 62,000 1.42 develland Page 2 of 3 Developable Land Inventory Vacant Map No. Sq. Feet Acres • 98 427,000 9.80 99 47,000 1.08 100 58,000 1.33 total 8,457,624 194.16 i • develland Page 3 of 3 Developable Land Inventory Occupied Map No. Sq. Feet Acres . a 336,800 7.73 b 151,500 3.48 d 62,000 1.42 e 101,600 2.33 f 198,900 4.57 g 236,000 5.42 h 125,200 2.87 i 298,386 6.85 j 260,000 5.97 k 95,600 2.19 1 108,400 2.49 m 63,200 1.45 n 168,800 3.88 0 123,200 2.83 P 125,200 2.87 q 34,000 0.78 r 103,800 2.38 S 55,200 1.27 t 43,344 1.00 u 131,600 3.02 v 84,000 1.93 w 173,600 3.99 x 211,600 4.86 • y 132,900 3.05 z 175,000 4.02 as 259,200 5.95 bb 234,400 5.38 cc 205,200 4.71 dd 256,800 5.90 ee 109,200 2.51 ff 120,000 2.75 gg 84,000 1.93 hh 105,200 2.42 ii 113,600 2.61 jj 266,000 6.11 kk 161,000 3.70 11 83,600 1.92 mm 108,400 2.49 nn 602,870 13.84 00 54,000 1.24 PP total 6,363,300 146.08 • develland Page 1 of 1+~~ ~ Y YIA •.a•.m tt I J O ~ ? J a a e 54 G fA. j," 4 v ~ a r I ~ I s h b ~ y a t ~ U v ~ ~ f• I O U ~-p! ~ w a I Y J U ~T ~`I``~~XA I o w C4 I 'eob•t a r i i I I y e.csaw a ..u f Y Comm L T e _ a f r o Ista fir' A e _ all A ~ I] ,r ~1s x E Iz i u o XL i a "s O C ~ 3 ~ It. 97- .Developable Land Inventory Worksheet Date PID Covertype Address Wooded Map No. Wetland Area _ Steep slopes (>18%) Zoning _ Prairie/meadow Ownership Shoreiand Value - Riparian Land $ Other Structure $ Proximity to other open space Total $ _ >0.5 mi _ =<0.5mi Property Taxes $ _ in Shorewood _ out of Shorewood Development Potential. lots Site Characteristics • Date PID Covertype Address _ Wooded Map No. _ Wetland Area _ Steep slopes (>18%) Zoning _ Prairie/meadow Ownership - Shoreland Value _ Riparian i Land $ _ Other Structure $ Proximity to other open space Total $ _ >0.5 mi _ =<0.5mi Property Taxes $ _ in Shorewood _ out of Shorewood Development Potential lots Site Characteristics worksheet To: Land Conservation Committee Dean Riesen Frank Svoboda Frank Bruno From: James C. Hurm, City Administrator Date: July 13, 1998 Re: Funds for Open Space Survey Please review Woodbury's open space phone survey and again review Shorewood's survey results. We are developing a policy survey which could include a few additional questions you would like to see included. At this point I am not sure of the timing of the survey. Please think about what information you would like from the survey and how • questions could be framed to get at that information. • CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • LAND CONSERVATION MEETING CONFERENCE ROOM MONDAY, JULY 20, 1998 7:00 A.M. AGENDA 1. A. Roll Call Riesen Svoboda Bruno B. Review Agenda 2. APPROVAL OF MINUTES Land Conservation Committee Meeting Minutes for July 6, 1998 (Att.-#2 draft) 3. REVIEW PACKET A. Committee Goal, Objectives, and Work Plan (Att.-#3A draft, changes are underlined) B. Land Conservation Program Vision, Goals, and Objectives (Att.43B draik changes are underlined) • C. Grant Programs Minnesota Department of Natural Resources Scenic and Natural Areas Grant Program (Att.43C program description) and Minnesota Department of Natural Resources Conservation Partners Grant Program for restoration. D. Policy Survey "Survey: Residents of Washington and Chisago counties overwhelmingly support land protection" (Att.-#3D 1 article), Trust for Public Lands polling recommendations, and Woodbury's phone survey (Att.-#3D2 survey). E. Committee Report Outline (Att.-#3E outline) F. Open Space Budgets (Att.43F table) 4. CONSERVATION EASEMENT VALUATION Dennis Jabbs, tax accountant, will speak about conservation easement valuation. 5. CONSERVATION EASEMENTS John Herman, environmental attorney, will speak about conservation easements (Att.45 conservation easement) 6. ADJOURNMENT DRAFT SHOREWOOD LAND CONSERVATION COMMITTEE MEETING MONDAY, JULY 6, 1998 SHOREWOOD CITY HALL 7:00 A.M. CONFERENCE ROOM MINUTES 1. A. CALL TO ORDER The meeting was convened at 7:15 a.m. Present: Ad Hoc Committee Members Dean Riesen and Frank Svoboda Also Present: Jim Hurm, City Administrator; Brad Nielsen, Planning Director; and Erica Johnson, Intern B . REVIEW AGENDA Nothing further was added to the agenda. 2. APPROVAL OF MINUTES Land Conservation Committee Meeting Minutes of June 22, 1998 were approved. 3. REVIEW PACKET It was decided that the Committee will have a newsletter article in every issue starting in August. • The first article will be a general overview of the Committee's vision, goals, and activities. The draft article on conservation easements will be the second article (in September). There was discussion about the Land Conservation Program Vision, Goals, and Objectives. The current draft was accepted with the following change to the program objectives to read: "[a]mend the Comprehensive Plan to include measurable objectives, such as permanently protecting 100 acres by 2001 (approximately one third of the undeveloped land in Shorewood)". Chair Riesen suggested that the Committee consult with the City Council and the Planning Commission about ways to get citizens involved. Brad Nielsen suggested that citizens could develop the criteria for parcel prioritization, and a committee such as, but not necessarily, the Land Conservation Committee could rank the sites. Administrator Hurm stated that the more work the Committee does on the Land Conservation Program, the easier it will be for the City Council to implement the program. Frank Svoboda outlined three important site characteristics: 1.) ecological value, 2.) the imminence of development, and 3.) neighborhood priorities. Administrator Hurm added that historical aspects of a site are also important. Chair Riesen stated that the City of Eden Prairie has an optimal list of priorities. Administrator Hurm suggested that we ask someone from Eden Prairie speak to the Committee about how the city educated voters and how it got their message out. The second amendment to the Comprehensive Plan in the Land Conservation Program Objectives was discussed. It states: "[a]mend the Comprehensive plan to include important sites to acquire outright or to acquire a conservation easement ranked with input from citizens." Frank Svoboda said that Shorewood citizens and interest groups should play a role throughout the process of implementing the Land Conservation Program. It was decided that Chair Riesen and Administrator Hurm will be contact people for the public. I T~ DRAFT Land Conservation Committee Goal To recommend a process to the City Council that will permanently protect and increase the amount of natural open space in Shorewood. Land Conservation Committee Objectives • Recommend objectives and work plan for a land conservation program in the form of a committee report to the Council by November 1, 1998. • Research conservation tools available to local governments for land conservation. • Educate City Council members and Shorewood residents about land protection options with round table discussions, newsletter articles, etc... • Recommend a process to protect open space in perpetuity by either creating a non-profit Land Conservation Organization or use an existing land conservation organization. • Conduct a policy survey to identify support for public financing of open space acquisition • Communicate with Planning and Park Commissions about their roles in the land conservation • planning process Committee Work Plan 1. Reline Committee goals, objectives, and work plan. Develop program vision and objectives. Create timeline. 2. Compile information about undeveloped parcels. Develop criteria for evaluating and prioritizing sites. Research conservation tools and develop alternative methods for land preservation. Educate residents by newsletters, public meetings, etc. 3. Develop policy survey. Research creating a land conservation organization and decide if it is feasible. 4. Prepare a Committee report for the City Council that includes land conservation alternatives, recommendations, and an implementation program. Work with the Planning and Park Commissions on a Natural Areas/Open Space Plan. 3A DRAFT Land Conservation Program Vision It is important that we maintain the unique natural environment of Shorewood for future generations. Through an organized effort to encourage setting_ aside green space, Shorewood will remain an attractive community in which to live and recreate. Goal The City of Shorewood is more than 90% developed, and there is growing pressure to develop the remaining land. In order to balance this economic pressure with the desire to protect open space, the City of Shorewood will work with citizens and non-profit land conservation organizations to protect wetlands, woodlands, open areas, and shoreline without restricting landowner property rights. Objectives • One hundred acres of natural open space will be permanently protected in Shorewood • by 2001. • Educate City Council members and Shorewood residents about land protection options with round table discussion, newsletter articles, etc... • Amend the Comprehensive Plan to include: 1.) the importance of permanently protecting natural open space; 2.) important sites to acquire outright or to acquire a conservation easement ranked with input from citizens; and 3.) measurable objectives, such as permanently protecting 100 acres by 2001 (approximately one third of the undeveloped land in Shorewood). • The Planning Commission and Park Commission will develop an Open Space Plan. • The Open Space Plan will be presented to the City Council for approval and will be used to guide development decisions. • The effectiveness of the Open Space Plan will be assessed at least annually. Program Vision 8 Jul 98 • Natural And Scenic Area Grant Program Information Sheet -1998 Application Cycle Application To receive an application, please submit an We recommend that the Application Request Form be submitted no later than two months before the application deadline. The complete application is due on March 31, 1998 to be eligible for this funding cycle. Program purpose To increase, protect and enhance natural and scenic areas. How it works Provides state grants to local units of government for up to 50% of the cost of acquisition of natural and scenic areas. Eligible applicants Cities, counties, townships and school districts. Eligible projects Eligible projects include fee title acquisition and permanent easement acgmsrtzon- Minimal betterment activities are eligible as part of the proposed acquisition project and include interpretive, educational or boundary signing and protective fencing. Minimum Project proposals must have a total project cost of at least $10,000. Active projects will need requirements to be closed-out before an additional proposal can be submitted- Grant amount A maximum of 50% of the total eligible project costs not to exceed a maxim= grant of 5200,000. Costs must be incurred and paid for before reimbursement can be made. Local match Applicants must be able to fimd at least 50% of the total project costs. Grant awards The Department of Natural Resources will review and rank applications dUrIng the of 1998. Grant awards will be announced in the summer of 1998. Project period Funded projects must begin promptly after an agreement has been completed between the State of Minnesota and the applicant All components of the project must be completed by December 31, 2000. - Further Information Grants Manager (see enclosed Grant Manager Assignment List)) Local Grants Program Department of Natural Resources Office of Planning, Box 10 500 Lafayette Road !odflatural esota Department St Paul, MN 55155-4010 Resources FAX: 612/296-6047 Kranz manager Grams Program 31BH FAk FAX: (661 12) 296.6047 October 1, 1997 hmemattom.kranz@dnrsate•mn.us r . office of Aanrdng. Box 10 i SL Pout. NU't 55155-4010 i 1 i • i - Survey: Residents of Washington & Chisago counties overwhelmingly support land protection Residents of two Minnesota counties county. The margin of error for the survey money where their mouths are, according threatened by sprawl are overwhelmingly is plus or minus 5.7 percent and is higher ' to the survey. In Chisago County, more in favor of protecting open space in their for subcategories of respondents. The than half the respondents said they would communities. In fact, they feel so survey questions were developed in support a flat annual fee of $25 dedicated strongly about this issue they are willing conjunction with representatives of the to the protection of open space. Washing- to support land conservation efforts with Land Stewardship Project, the Trust for ton County residents said they would their pocketbooks, according to the Public Land and other collaborators in the support that fee at an even higher level: results of a new survey released this Green Corridor Project, a public-private $35. The poll also found the majority spring• initiative to preserve special land areas in supported a property tax increase of $1.50 Eighty-five percent of those surveyed Washington and Chisago counties. to $2 per month per $100,000 in home in Washington and Chisago counties These two counties are within com- value. And by a two-to-one margin, those agree that more open space needs to be muting distance of the downtowns of surveyed expressed support for open protected. On average; 60 percent of Minneapolis and St. Paul. They have space. those polled said they "strongly agreed" experienced significant loss of farmland Michael Pressman, coordinator of the with such a notion. Those surveyed were and natural areas within the past few Green Corridor Project, says it was particularly excited about conservation decades. particularly encouraging to see how even efforts that connect together already They survey found that area residents poll respondents who were concerned protected lands to create a "green place a particularly high value on about higher taxes supported some corridor." protecting the three "w's" - water, increases if they went toward funding The telephone survey was conducted woodlands and wildlife - from develop- specific, well-managed programs. between March 31 and April 6 by Ridder/ ment. Two-thirds of the respondents said "As long as they feel they are getting Braden, Inc., an independent polling firm. protecting these three resources was their money's worth through specific The survey consisted of interviews with "extremely" or "very" important. programs, people will put forth the 300 randomly selected voters from each And they are willing to put their money to protect open space." Q The Land Stewardship Letter upn! Nt~~/Juu~z ~~'Iff vol. l6 ~o. 2 #3DI City of Woodbury Park and Recreation Department 8302 valley creek Road Woodbury, MN 55125 • 714-3583 71 ''''''~'n~y''~,,'` ^ • {a _,{\r~'.. _ t'~kJS~ iY• t. -„ti. .'Y r' ...ti.1 _ '.ai.r il 'r~r'• To: Erica Johnson Fax: 474-0128 From: Bob Klatt Date: 07/08/98 Re: Survey Results Pages: 12 including cover page CC. Urgent For Review Please Comment Please Reply Please Recycle I C41 Of (4.)OOJ bwr1 30vtcj l t~ l 6-11 r.~d :.:Si.-. h,; N j~ ;~f yir.~~r'ti"~'~ .y . s . • . . a . . . . . . . . • . • • • . . . 100'd ing, south of Valley Creek Road and east of Radio Drive • "MCA . . near the First, let's discuss the issue of acquiring major tracts of b . Whi.cz Of these three - nand. best dO t statements STATE A...........?3s ibes your feelings? STATEMENT B...... A- I would vote AGAINST almost any tax increase for the acauisi- NONET Or C.:.. ...,24* ticn of major tracts of sand in AHOVE'(VOL)---.I; the community for conservation DON'T iiWOW/REFUSED. and recreational development. H• T would vote FOR a tax in- crease under some conditions, but AGA-L7ST it under other conditions. C. I would vote FOR almost any tax increase for the acquisition of major tracts of laxid in the community for conservation and recreational development. ZF: "STATEMENT All IS c:E(;SZY ASK: [N-531 7. Would.you oppose a property ANY °DTtPOBE...,., tax increase for any Purpose JUST FOR LAND/FACIL..._28s OR do you just oppose an in- DON'T =C)W/.REFUSED Ss crease for the aca-Uisi.tion of land for conservation and racreational development? Is CHOSEN, -zox: (17,2471 8 - cinder what conditions would DON' T M-TOW/R.EFUSm . 6: YOU vote for a tax increase MORE IvFO NEEDE;D...._,a0z for the acquisition of major tracts FOR TRAIIS..,.,___. of Land in the co .....2 i.ty for con - SMALL 1 CR'FASE... , 8* nervation and rec- JUSTIFY NEED......... reational.development? --7s LA17D PRESERVATION .....20V =p IT IS A Gooo PLAN- -174 OTRE,R - . . I?c As I mentioned earlier, f=ding for the acquisition of major! . tracts Of land would require a orome_,,-ty tax increase. Suppose the City of Woodbury Proposed acquiring major tracts of meat- The Y for conservation and recreational develop- by proposal would be placed on referendum ballot for approval t.e voters. In order to fund residents would be asked to approve a prope~-y land tax pc~3esior a .-wenty year period, r 100'd - - - - - 3£:60 (QOM) 86 ,80- 'If1P I I III • • Which or these thre, best describes _vour feelings am STATEMENT A.. , , . - 79s I would v STATEM+71 8.... ote AGAZXST almost STATr ' ' • • ci°s any tax increase for the con- `fir G " '•ZIs strucuioa of as indoor ark i n NONE OF ABOVE (VOL) VOL.,--7i conjunction with a new libx DON T K~Ti OW/?FUSrD.....2s facility. ary E- I would vote FOR a tax in- crease under some conditions, but AGAINST it under other conditions. C. I would vote FOR almost any tax increase for the construction Of are indoor park in conjunction with a new library facility. IF "STATEMENT A" IS CHOSEN AST,; I3., Would you oppose a proaerttax increase zor an Y ANY PURPOSE .370 OR do Y o _ urpos a JUST FOR INDR P.BIM 5 2 a in- creaseyforJ antind;oreparrk at DON'T tC~TOW/RE.~•'USED 's a new library faeili ty? IF "B" Is CHOSEN, Asn: 14. Under what conditions would DON'T ' You vote for a tax increase MORE INFO NEED Q -NEMUSED.....,; for the coastructi ED......36's indoor on of a new FOR MORE pAR S....... • park in conjunction SMALL Iy SE '-S* with a new Washington County JUSTIFY ........?2% Library facility? ~ ~D-. •---•••.1% (DO NOT READ LIST) IF IT IS A GOOD PLAlv'..22•°s ( CIRCLE ONLY ONE- ANS ER) SPOOLS COME FIRST.. _ ..1°s O'I~IER As I mentioned earlier, funding Of a bond referendum for construction of an indoor park would require a Propertytaxe increase. Suppose the City of Woodbury proposed the construction of an Count indoor Lire in conjunction with the building of a new Washington indoor in the community. The space would iucl ude an Park, alaYSfound, and mee be'placed on ting rooms. The proposal would order to = referendum ballot for approval by the voters. In and construction, resident-s- esidents would be asked to approve a property tax increase -C , Zo_r a twenty year period. a 20 0 'd 42:60 (9306 .80- ''Iff s'ss pccrt, somewhat more likely, • to youli:c to support the prvpasalomewhat less likely, or much. YOU, j ust say So If it makes no difference MML S ~C1D SLL Mr r. DKR -9. Citizen Oversight Committee will be formed to insure the funds are spent in strict ac- cordance with the referendum proposal, 24% 41s 26% 4•°s 3% 3s 2 0 - An Independent public Audit and Annual Report of all bond referendum fund expenditures w"' be recauired and publicly reported. 28* dZ% Z4's 2s :3;; 2°s 21• If we don't purchase public open space now, it will be lost f oreve-r . 34a 37!%r zaps 3% 4s 22. %Teighborhogd parks, trails, and natural oven space are an ima+csr- tant legacy for our chZldrsn. 4£% 37°s 131 zs Za 2 ~ 23 passing of this referendum would be a big step towards preserving W oodbury s small town, -count=y feel. 24, 1 1 l 29$ 32a 23* 6s 7% n.% fun and acquisition referendum funds will only be used for the conservation of OAen Space and recreational development; no funds will be used for other city services or administrative payroll. 44s 311 17% 2% 4°s 2% 25 : If land in the community, is not set aside now, future resider- 'ti al and commerc_al devei onment consume much of this area. 45s 33% 15$ 3~ 3 a 2s 25• Water quality will be prot by Preserving pub acted lic open space in and around wetlands, streams, and watersheds. 37* 38V 1a~ 1°s 2s Vir s 300'd - - - L£:60 (9306 ,s0- Iff JUL. -08' 98 (WED) 09:38 P.007 • ~tL S`4L NOD DK~ - 37. S• dorsemencs by c; -cizens is SLL yyL the Letters column of to the Editor" a8. The Wooc~ulo"I 'Ze'xspapers? atian? rY =athletic ksscci_ 3~ 26s 62* 4's 3$ ms e Changing tonic... as 21s 61°s Tk 3°s 39' _;iow do you feel about Woodbu_T-y E~,LENT c-tv property taxes in eomuar EXC isorn C-0OD_ ' " • . • • .6s the C,t~, would you weceive from ONLY RJR.. ....,..56 You exce?2-ty value Pod Say it is an POOR... 30~ ent f air value , or a poor vaValue, lue? °nly DON'T IGVOW/RErTJS • • Q~ 0 0 . How do city you feel about Woodbury f property taxes in comparison SOMEWHAT MY HrGH.............. 8~ with those of other suburban AIGk£.. .40°s mi:nities com- ABOUT AVERAGE. .QQ~ very hi.h do some you feel they are SOME IRAT LOW....... J what high, about VER`! LOW...... •-3°s average, somewhat low, or very -•.l%' low? DON"T KNOW/RE,-'US, ' 41. During the would ou past mew Years, how EXCELLENT...... Council u rate the Mayor and City GOOD... -••...6s Council ve spending tax money .....54s • lY and efficiently POOR rA..... _ • _ excellent BOOK., - '23~ Poor? good, only fairor DON'T AVOW/REFQSED....1ag 42. Do You reside in south Washiizgtoa yES...... County School District 833? No " •••-•-.•.•.79s DON'T MT...ist OW/REF'tTSED . . g~ I? YES a ASX : • . . The School District additional operating funds for p the rogrammminmin to ask voters =or = pg and class sizes. g3 • Dc you fee]. there is a need .for additional Lands? Wis.' .......62s _ e DON'T Mw/REFUSED . • . ? 7°s Any additional ;ending would re operating levy. Su c-uira the passage of an operating Ze ppose the school district were to hold are vY referendum for $300.00 for academic grog=-~ and class size in Nov crease "he yearly ember, 1998 per , that pupil would ~ Y Prone~ - 250 taxes S - y QO • - ore a $150,000-00 home by 8 JUL. -08' 98 (WED) 09 : 39 P. 009 iF , • 49- Yow much of this special °8alett@r is... did you MOST .34°s it, scmeaof o~, iOz• most o= it none of SOME... - - - . - . - -24s , NONE ` " • - • - • • . 3 2 °s DON'T grow/REFUSED . ? os IF "ALL, "MOST,,, OR °SO1, E" ASg: . . 5Q• How effective was it in VERY EFFE providing ~orma.tion SO CT1`~7E. 3 3!k about the referendum E ~TEF CTrVE• • ..59s Proposals very NOT TOO EFFECTIVE.,... e effective NOT AT ALL E some ghat a=- DON'T ANOW ~~~-••2s .fective, not too offec- /REF[TSE~.. . . . 0s tive, or not at all at- f ective? Could gr u s l veein o how ~.v people in each of the foZlowiA -n your household.... g age 51• First, persons over 65? G 52. O adults, including yourself, between the ages of Ia and 65 years old? 0, 5s; 1, 121; 2, 72s; 53. School-aged Children or 3, 3s. • under the age of 1e? pre-schoolers, 54Des dencejzt or own your present OWN........ R.M11'r... _..95t IF n DON' T AVOW/RE. 'II$~ BOwN' AST. 55. ; Bch Of . the followi.rt Q_ ca or' 4 t.. 9 1es would contain the [TNDER $100,000........ I.Os approximate value of YOU-- residential pro 63F150 $150,000-$200,000,... ° $7.00,000, $Ioo,o00-$zs0 reader OVER. $200,000.........16$ $150,000-$2Q0 0Q0, or over r DON T ?CNOW/REFUSzD.....¢°s $200,000? 10 1. Introduction . A. Purpose When and why the ad hoc Committee was formed Background information on land conservation in general, in Shorewood, and in surrounding areas B. Scope/Methodology Committee's work plan Summary of Committee meetings Identify sources of information Describe the parameters used in analysis C. Limitations Program time line/implementation Program budget Identify any alternatives that may be contrary to current city policy Committee can only recommend action 2. Goals and Objectives Define problem Describe Land Conservation Program vision and goals Outline Land Conservation Program objectives 3. Development of Alternatives List the alternatives studied Describe the alternatives in relation to other alternatives 4. Evaluation of Alternatives Each alternative is analyzed by listing Committee findings, discussing how the solution relates to the Land Conservation Program goals and objectives, and relating what fiscal effect it has. Alternative A. Committee findings: Comments on Meeting Objectives: Discussion: Fiscal Analysis: Recommendation Implementation Timetable 5. Recommendation Finally, a recommendation is made for action and implementation. • LL j C Ci o) ~I as C a) s (D tt a) E o r W I Lo ~ co ~ O O O C~ i 00 c(S a) CD ° a) Cl) N T ~I a! Q1 C2I O W W v ~I O OI N 3 a Z I N d O i o O Off- co Q a C N 0 CA r a a ~ (D M Q O of O o O o 0 0 'X 0 0 0 0 M W(D I- C\l O CL r o CL W c,4 C14 T- C. v 69 613 6s 69 d to Q d c ~ CL N O C N In r O Q .a R r r CV r C4 L v "3, Efl f13 H} O in am C1 C O d cc 'a H n c c O O LO O ( L w to CA N C = CV Q a) E to to 6% O p~ C O O O O C) C) ~ OI O O O C. C7 O C7 N a0 co v I to CO N U co ~ y _ I Q O Q • ~ O • CL 0 o T Q' 0i N C G i ~I I w CL E O 2329902 GRANT OF CONSERVATION EASEMENT tA THIS GRANT OF CONSERVATION EASEMENT is made this ~ay of 2c t n b.-e r , 1992, by CARLSON REAL ESTATE COMPANY, A MINNESOTA LIMITED PARTNERSHIP, - ;"Carlson"), to the CITY OF PLYMOUTH, a Minnesota municipal corporation r ( 11city") . RECITALS WHEREAS, Carlson is the fee owner of certain real property located in Hennepin County, Minnesota, legally described as outlot A, HARBOR.. WOODS according to the recorded plat thereof, (the "Property") ; and WHEREAS, the Property is adjacent to the Luce Line Trail, a major recreational trail in Plymouth administered by the Minnesota Department of Natural Resources, and adjacent to Interstate Highway • 494; and WHEREAS, it is important to the City to preserve the natural beauty and aesthetics of the community, to avoid urban closeness and to preserve open space, natural wetlands and woodlands for scenic, aesthetic and wildlife purposes; and WHEREAS, the Property consists of approximately 11.2 acres of wooded land and wetlands; and WHEREAS, the Property provides excellent upland and wetland habitat and also contains a unique remnant of native prairie. Wildlife species expected to be present on the Property because of its natural character include cardinals, robins, cedar waxwings, great horned owls, barred owls, flickers, pil Zd woodpeckers IZ~ AND PREJAXES PAID OEK. OF FROpERT'r TX( .7 PUBLIC RECORDS • 11 S _'k * -1 EKED HFW\lBC\HARBOR\CONSERYE.ESH 9/6/92 T13 A!! O EC 1992 ~-N M! NI N ,rnuTY r,. WHEREAS, Carlson desires freely to donate the Easement to City, and City wishes to obtain the Easement over the Property in favor of the City. NOW, THEREFORE, for the benefit and welfare of the City and the mutual covenants contained herein, Carlson and City hereby agree as follows: , 1. Grant of Conservation Easement. Carlson hereby grants to City for the exclusive benefit of City a perpetual easement (the "Easement") for conservation purposes, specifically scenic and aesthetic"-enjoyment of the general public, preservation of the Property in its natural condition and avoidance of development. The Easement shall preclude placement by anyone of any structure or manmade object, permanent or temporary, in the Property covered by the Easement, except for public utility improvements authorized • by the City and incidental objects and structures desirable for natural preservation such as protective berming and fencing. The Easement shall also preclude the use of the Property as a park, recreation area or trailway by anyone. 2. Acceptance. City hereby accepts the Easement from Carlson and pays no consideration therefor. City agrees the Easement advances a material City policy to preserve wetlands and upland habitat, to preserve the natural character of the area near the Luce Line Trail and the goals of the Plymouth Zoning Ordinance set forth above. Further, the easement will insure valuable scenic and aesthetic benefits for the public. City agrees it shall not transfer the Easement interest, unless, as a condition of such • HFM\LBC\HARBM\CONSERVE.ESM 9/6/92 3 6. Intent of Parties. The parties acknowledge that the City • made no payment to Carlson for the grant of the Easement from Carlson, and the grant is based on a charitable and donative intent by Carlson. The parties further acknowledge that Carlson is under no coercion to grant the Easement, but is granting the Easement to City by its own free will. ' 7. Violation of Agreement. Carlson agrees that if the terms of this Agreement are violated, the City may by injunctive, declaratory or other legal proceeding enforce the terms of the Easement, and shall have the right in such proceeding to require full and complete restoration of the Easement Property to its natural condition as of the time of this donation. Carlson shall pay all legal fees, costs and disbursements of City in any such proceeding in which Carlson is found in violation-of this grant of • Easement and any and all costs of restoration of the Easement Property in such case. 8. Acknowledgment. City acknowledges that Carlson has assigned a present fair market value to the Easement of $378,000 which represents the value of the Property for development in accordance with its current zoning. The parties acknowledge that the Easement will preserve air, water, land, aesthetic and scenic resources defined as "natural resources" in Minn. Stat. $ 116B.02, will effectuate the Land Use Plan of the City and constitutes a conservation easement as provided in Minn. Stat. Chap. 84C. 9. Binding Effect. The Easement granted and the covenants contained in this Agreement shall run with the land and shall'be • HMM\LBC\HARBM\CONSERVE.ESK 9/6/92 5 _ - .,-..rte.. STATE OF MINNESOTA ) Ss. COUNTY OF HENNEPIN ) This instrument was a knowle ged before me on this,?lp day of 1992, by ~rc>:nKoy/es and "t a ~ and of the City of the o-4it- 14 L, M - Plymouth on behalf o the City. w No ary Publ c -a _ x' LAURIE F RAUENH0RST NOTARY PUSUC - MINNESOTA HENNEPIN COUNTY My commission expires 10-16-94 This Instrument Was Drafted By: LEONARD, STREET AND DEINARD (CKD/HMM) 150 South Fifth Street, Suite 2300 Minneapolis, Minnesota 55402 (612) 335-1500 • • HMI\L8C\HAR8OR\CONSERVE.ESX 9/6/92 7