3/18/03 LCEC AgP
Notice
Land Conservation & Environment Committee
Will meet
Tuesday, 18 March, 2003
At 5:45 P.M. at
Shorewood City Hall
5735 Country Club Road
Shorewood, MN 55331
A G E N D A
1. Review Final Draft of Conservation Open Space Plan
2. Adjournment
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
• CITY COUNCIL/LCEC JOINT MTG COUNCIL CHAMBERS
MONDAY, MARCH 24, 2003 6:00 p.m.
AGENDA
1. CONVENE JOINT MEETING
A. Roll Call
Mayor Love
Garfunkel
Lizee
Zerby
Turgeon
B. Review Agenda
2. LCEC Final Report
3. Adjourn
No action will be taken during this meeting.
• CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL/LCEC JOINT MTG COUNCIL CHAMBERS
MONDAY, MARCH 24, 2003 6:00 p.m.
MINUTES
1. CONVENE JOINT MEETING
RAFT
Dw"
Mayor Love called the meeting to order at 6:05 P.M.
A. Roll Call
Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby;
Administrator Dawson; Engineer Brown; Finance Director Burton, Planning
Director Nielsen, and Land Conservation and Environment Committee Chair
Woodruff; LCEC Committee Members Downs, Kircher, Pini, and Shorewood
Environmental Consultant Dan Dickel
Absent: LCEC Committeemembers Berndt and Ranallo
B. Review Agenda
Without objection from the Council or LCEC Committee, Mayor Love proceeded with the
Agenda.
• 2. LCEC Final Report
Director Nielsen stated the Land Conservation and Environment Committee (LCEC), had
concluded its final report, and wanted to present it to Council. He stated the report recognized
Shorewood was nearly fully developed, and a few parcels of land remained available for
conservation open space purposes. He stated the conclusion of the LCEC was to recommend the
City focus on acquiring conservation easements rather than purchasing all available parcels of
open space within the City. The report recommended the City examine potential funding
mechanisms for acquiring these open spaces, and also that the City commit to financially moving
forward with land conservation measures by providing "seed money" for future grants or as
incentives for people uncertain about donating conservation open space.
Dan Dickel, the City's Environmental Consultant, explained the methodology provided in the
Open Space analysis performed as part of this report. He reviewed the history of the database
project, noting a great deal of character, trees, wetland areas, and not a great deal of woods
present in Shorewood. He stated there appeared to be an area of woods potentially available as
open space near the western end of the Shorewood municipal border that would provide a unique
opportunity for preserving a small context of wooded wilderness. He then went on to review the
potential of each open space site listed in the report. He recommended the City work to further
define open spaces, and how these spaces could be acquired as part of future budgets.
LCEC member Pini thanked Council, Staff, and Mr. Dickel for support shown over the past years
in attempting to work with the issues of land conservation. He stated the LCEC recommended
• the City continue its commitment to land conservation issues by budgeting a minimum of
$10,000 to pursue conservation open space. He also stated the Committee wished to continue its
JOINT CITY COUNCIL AND LCEC MEETING
March 25, 2003
Page 2 of 2
• efforts in the form of an "ad hoc committee" to assist residents and City Staff in monitoring these
issues and examining future grant programs. He stated all LCEC members appreciated the
opportunity to serve the City on this committee.
Mayor Love thanked the LCEC for its successes, time and effort as well as the encouragement
brought forth by the members in reminding Council of the need to remember the long-term
implications of open space and land conservation.
Councilmember Turgeon thanked the Committee for its efforts as well, and questioned various
criteria that could be established as part of the acquisition process for open space. She also
stated she would like to see the Committee continue its education efforts on this matter as well.
Councilmember Lizee stated she also appreciated the work and effort put forth in developing this
report, and thought the report to be an incredible document for future reference.
Councilmember Zerby stated he appreciated the work and size of the project, and stated he would
like to commit to having the recommendations of the LCEC as part of the budget discussions for
next year.
Council again thanked members of the LCEC for its efforts in preparing this report and for all its
dedication in dealing with land conservation and environment issues.
3. Adjourn
. Zerby moved, Turgeon seconded, Adjourning the Joint City Council and Land
Conservation and Environment Committee Meeting of March 24, 2003, at 6:41 P.M.
Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
Craig W. Dawson, City Administrator
•
• Notice
Land Conservation & Environment Committee
Will meet
Tuesday, 18 March, 2003
At 5:45 P.M. at
Shorewood City Hall
5735 Country Club Road
Shorewood, MN 55331
AGENDA
1. Review Final Draft of Conservation Open Space Plan
2. Adjournment
•
•
• CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
LAND CONSERVATION AND ENVIRONMENT COUNCIL CHAMBERS
COMMITTEE (LCEC) MEETING 5:45 P.M.
TUESDAY, MARCH 18, 2003
MINUTES
CONVENE LAND CONSERVATION AND ENVIRONMENT COMMITTEE MEETING
Committee Member Woodruff opened the meeting at 6:04 P.M.
A. Roll Call
Present: Donna Woodruff, Lucinda Kircher, David Downs, and Anthony Pini; Planning Director
Nielsen and Consultant Dan Dickel
Absent: Committee Members Berndt and Ranallo; and Council Liaison Mayor Love
1. Review Final Draft of Conservation Open Space Plan
Planning Director Nielsen reported that they would be reviewing the pre-final draft this evening. He
indicated that the final draft would include additional elements, such as, open face photos, a bibliography
of resources - Appendix C, an executive summary, and a cover letter which cites and thanks the numerous
contributors to the LCEC accomplishments over the years.
• Nielsen pointed out that sections I through III had been reviewed in previous meetings; therefore, he
began with page 8 of the document which identified Priority Areas for Open Space Protection. With
regard to Area 1, Nielsen stated that, in his opinion, the assessor's estimated market value was absurd. He
indicated that the value of the five parcels of land on the east side of Smithtown Road, immediately north
of the ShorewoodNictoria border was likely closer to $2 million. He noted that the top two lots were tax
forfeitures and the City would need to follow-up on their current status. Nielsen pointed out that 20 acres
of the lower portion constituted the Ridinger Property.
Area 2, three parcels of land located on the west side of Smithtown Road, across the street from Area 1,
were assessed at an estimated market value of $5,472,000, which Nielsen felt was a more accurate
valuation.
With regard to Area 3, the Minnetonka Country Club, located between Yellowstone Trail and Smithtown
Road, immediately west of Country Club Road, Nielsen indicated that, as developed, the property would
have a value closer to $8 million. He stated that the City had met with the owner of the Country Club in
an effort to talk to him about the donation of a conservation easement to the City. The owner indicated
that he would prefer to keep his options open at this time and declined.
Area 4 is comprised of several properties that surround and abut the Gideon Glen property at 5620
County Road 19. While the assessor's market value was not determined, Nielsen stressed the importance
of continuing to pursue conservation easements from Gideon Glen's neighbors.
The Carmichael Auto Salvage Yard, located at 20775 Manor Road, comprised Area 5. Nielsen stated that
the $429,000 assessor's value seemed low in comparison to the proposed 24 unit development in which
• each unit would start in this range.
LAND CONSERVATION AND ENVIRONMENT COMMITTEE MINUTES
TUESDAY, MARCH 18, 2003
PAGE 2 OF 4
• Kircher asked whether the site was deemed hazardous.
Nielsen reported that the developer is moving through the environmental process, having completed a
Phase I study, and currently undergoing a Phase II study with pit borings. Nielsen indicated that they have
found some initial groundwater contaminants.
Both Dickel and Woodruff stated that the discovery of groundwater contaminants would not be a good
sign.
Nielsen continued by reviewing Section IV, the Implementation process, which detailed various tools for
the financing of conservation open space programs as identified in the DNR publication, Natural Areas:
Protecting a Vital Community Asset, A Sourcebook for Minnesota Local Governments and Citizens.
Nielsen pointed out that, with increasingly tight budget constraints, other options need to be considered.
First, if the City Council agrees, the City should designate a Special Fund for land conservation, which
would be made up of donations, grants, and potentially a budgeted amount within the City's operating
budget.
Woodruff stated that the City should have a designated amount of seed money in order to show it's
commitment to underwriters of grants and those willing to match funds.
The City could also consider a Cash Bond for conservation of open space. Nielsen stated that, doing such
a referendum, would be a true test of public support for open space. He maintained that current economic
trends indicate this would not be the most opportune time to pursue this option.
• Nielsen explained that a Benefit Assessment offered merit. In this scenario, if a neighborhood, or group
of residents, wish to acquire land for conservation open space in its area, the City could finance the
purchase, assessing the cost back to the properties of those interested in preserving the land in question.
Nielsen commended one such neighborhood in Shorewood, along Eureka Road, who had used this tool
effectively and the City received a conservation easement over the subject property. He believed this to be
a useful tool which acts like a loan.
With regard to the acquisition of tax forfeitures, Nielsen stated that the City should examine every tax
forfeit property for its value as conservation open space. Unfortunately, Nielsen explained, the City
cannot legally obtain tax forfeiture land, sell it, and use the funds to purchase different conservation open
space.
As local government budgets are stretched, Local Government Aid eliminated, and Market Value Aid
drastically reduced, Nielsen maintained that the most effective and reliable source of funding for
conservation open space remains the City's General Fund. He indicated that, just as money is set aside
annually for parks, a similar amount could be set aside for conservation efforts. It would be the
recommendation of the Land Conservation and Environment Committee that the City demonstrate its
commitment to land conservation by budgeting at least $10,000 per year toward conservation open space.
While not a great deal of money, Nielsen felt this initial seed money could be used for future grant
applications and for the purchase of conservation easements.
Woodruff stressed that the contribution be at least $10,000. She asked if the State could come to the City
and insist they spend money in a designated account on other areas.
• Nielsen pointed out that the State has not considered micromanaging cities to this degree, yet.
LAND CONSERVATION AND ENVIRONMENT COMMITTEE MINUTES
TUESDAY, MARCH 18, 2003
PAGE 3 OF 4
• Downs asked if the funds would be protected from withdrawals by the City for other priorities.
Nielsen indicated that, while the City could not use donations given for an explicit purpose, they could
most likely withdraw the portion budgeted from the general funds. Nielsen explained that, given the
budget cuts, this fund might not happen this year; however, the fund should at least be added to the Three
Year Capital Improvement Plan for future consideration. He maintained that the City would need a
funding vehicle to ensure its ability to purchase open space in the future.
Nielsen pointed out that one source of funding for the conservation effort could be to dedicate some
portion of the revenue received from telecommunication leases. As the precedent was set when the City
used telecommunications money in the acquisition of the Gideon Glen site, Nielsen felt this to be a
unique opportunity to turn an otherwise blighting presence of telecommunication facilities into a long-
term environmental benefit.
Finally, viewed as the most cost effective means of setting aside opens space, are Conservation
Easements. Nielsen reiterated that the first target of acquisition should be the properties surrounding the
Gideon Glen site. While most of the parcels consist of deep narrow lots that cannot be developed without
substantial cooperation between land owners, and little incentive exists to give land away, Nielsen
supported offering a modest amount to property owners for their conservation easements.
Nielsen explained that the City has been successful in obtaining conservation easements through the
Planned Unit Development process with several developers - most notably Marsh Pointe, Watten Ponds,
Apple Ridge, and High Pointe. He identified the conservation easement as the City's best bet in acquiring
open space today.
• Nielsen maintained that, unless the City intends to pursue a bond referendum for the acquisition of land,
he would suggest that contact with landowners be limited at this time to individual and personal
invitations from the LCEC Chair or Mayor. He recommended that contact with the individual property
owners surrounding Gideon Glen be made to discuss their plans for the back of their properties.
With regard to Community Education, Nielsen maintained that the message of land conservation must
continue to spread. Based on past discussions, the LCEC recommended that a standing citizen's advisory
group continue to work with land owners, educate the public, bring environmental issues and ideas to the
City Council, and monitor future grant programs that may arise. Nielsen asked if the current LCEC
members would continue to serve in this capacity, as discussed earlier.
Nielsen pointed out that the City would provide a library of publications on file for loan to the public
interested in land conservation. He repeated that Appendix C would contain a list of materials available
for review by the public.
Nielsen stated that a second resource that could be made available to the public would be people.
Arguably, the best ambassadors of land conservation are those who'd gone through the process. Nielsen
felt there was nothing more helpful than talking to that person firsthand who had gone through the process
of donating land or easements for conservation purposes. Nielsen indicated that, in fact, Dean Reisen, has
invited the City to have people come talk to him about the process. Nielsen explained that the City would
maintain a list of those who would be available to discuss their experience with others.
As legal costs of preparing deeds or easements can deter property owners from land conservation
measures, Nielsen felt the City should be willing to assist citizens by providing sample documents for
• their use.
LAND CONSERVATION AND ENVIRONMENT COMMITTEE MINUTES
TUESDAY, MARCH 18, 2003
PAGE 4 OF 4
• Woodruff asked when Nielsen would be presenting the report to the City Council.
Nielsen invited the Committee members to join him in presenting the plan to the City Council at a work
session on Monday, March 24, at 6 PM.
Downs moved, Pini seconded, to approve the Conservation Open Space Plan for the City of
Shorewood as submitted by staff and the LCEC. Motion passed 4/0. o
Woodruff complimented Nielsen on his efforts and suggested the report acknowledge the origi 1 LCC~
members and those who've contributed along the way, including consultant Dickel.
Nielsen agreed that all representatives and volunteers should be recognized for their tremendous
contributions.
Pini stated that the current economic situation will change and he wished to see their work continue.
Woodruff asked Pini or Downs to act as the advisory group spokesperson or Chair person, and/or
newsletter contributor. She stated that she would be available to serve as well.
Pini agreed to act as spokesperson and ad hoc Chair for the advisory group, meetings to be determined on
an as needed basis.
Downs stated that he would be happy to continue to provide articles for the website and newsletter
relative to land conservation and the environment.
• Nielsen indicated that it would be nice to have Committee members present to answer questions from
Council and express their support of the plan. He stated that final adoption of the document was slated for
the City Council meeting of April 13, 2003.
6. Adjournment
With nothing further to discuss, Woodruff adjourned the meeting at 6:50 P.M.
RESPECTFULLY SUBMITTED,
Kristi B. Anderson
Recording Secretary
•