HomeMy WebLinkAboutPark and Recreation Advisory Commission Packet 09-10-1998Regular Meeting of the Park and Recreation Advisory Commission
September 10, 1998, 7 p.m.
AGENDA
1. Call to Order
2. Approval of Minutes
3. Visitor Presentations
a. Athletic Associations
b. Staff - Karol and Mary
c. Others
4. Report on Past Council Action
a. Approved accepting donation of "Little Peninsula" as park property
5. Unfinished Business
a. Elm Creek Playffeld update
b. East Medicine Lake regional trail update
c. Activity center/fieldhouse update
d. Review Open Space Committee report - no action necessary at this meeting
6. New Business
a. Draft 1999-2003 CIP (will be handed out at meeting)
b.
C.
7. Commission Presentation
S. Staff Communication
9. Adjourn
Next regular meeting - October 8
n\parks\staff\eric\prac\agendas\sept98.doc
Minutes of the Park and Recreation Advisory Commission Meeting
July 23, 1998
Page 22
Present: Chair Anderson, Commissioners Fiemann, Musliner, Priebe, Thompson, Wahl,
Willegalle, staff Blank, Sankey
Absent: Planning Commissioner Koehnen
1. CALL TO ORDER
Chair Anderson called the meeting to order at 7:00 p.m. in the Council Chambers.
2. APPROVAL OF MINUTES
It was pointed out that the second to the last page of the minutes was missing in the
information packets. A motion was made by Commissioner Priebe and seconded by
Commissioner Thompson to approve the minutes of the meeting as presented pending
reading of the missing page. The motion carried with all ayes.
3. VISITOR PRESENTATIONS
a. Athletic Associations. None were present.
b. Staff.
c. Others.
4. PAST COUNCIL ACTION
a. Approved architect to begin plans for Activity Center/Field House. Work on a prototype
plan has begun.
b. Approved rental policy for mobile stage. Director Blank reported that the Wayzata
School district had used the showmobile for a 5th and 6`h grade musical students' concert.
The City of Richfield used it for a Minnesota Orchestra concert. The Park & Recreation
Department is sponsoring a concert with a 40 -person orchestra next Tuesday night. An
ecumenical group will be using the amphitheater (they haven't decided on the stage).
Chair Anderson commented on the higher fees approved by the Council. Blank said the
Commission could review the fees after the first of the year after we see how this first
season goes. Willegalle felt the quality of the stage is excellent and it was a good
investment. Commissioner Thompson asked about Music in Plymouth attendance. Blank
said it was probably over 10,000, the largest ever.
5. UNFINISHED BUSINESS
a. Elm Creek Playfield. Director Blank reported that they had fired the first turf contractor
due to lack of performance. The new one has done a wonderful job. The turf looks
good. The softball fields have been popular and have been well used. The fields will be
Page 23
ready for soccer training in September. The city is building a garage with the help of an
institutional work crew.
b. East Medicine Lake Regional Trail. This is very close to being complete. The major
hold up has been with the power companies. Because of the storms this year, the crews
have been pulled out for damage repair. The contractor had to wait for lines to be buried
before they could finish the job. The trail is already being used a lot. Commissioner
Wahl said he has used it, and it is terrific.
c. Activity Center/field house. The architect is working on a prototype design. Director
Blank said that the committee will have meetings with senior citizen groups and athletic
organizations to go over the prototype plans. The plans will be brought to the
Commission when they are ready. A citizen is protesting the site. He will be on August
5 Council Meeting Agenda. Commissioner Fiemann wondered why this person was
protesting. Blank said the man doesn't want it in this park. Commissioner Thompson
asked if the bond specified where the project would be built. Blank said no, it doesn't
specify the location, it just authorizes the money to be spent. However, he thinks we
have somewhat of a moral commitment to the location, since this is what we advertised,
and this is what the public voted for. Ward 10, the ward in which the park is located, had
the largest "no" vote. Commissioner Willegalle pointed out that the costs would not get
better with time; we should go ahead with the project now. Chair Anderson was
surprised the voter turnout was so low. Commissioner Priebe commented that it would
feel better to have this type of vote with the regular fall election so that more people
would have input. Willegalle pointed out that if it were done with a larger election, more
people who have not examined the issue would be voting, so it could actually be more
inaccurate. You can look at it either way.
d. Open Space Committee. Chair Anderson said the committee has pretty much wrapped
up what they want to do. The big issue is how they are going to manage the areas. They
may recommend that the land be turned over to The Minnesota Land Trust Commission.
Priebe asked if the property would come back to Plymouth some day. Anderson said
after a certain amount of time, it would. Wahl said it is a relatively new organization
which has just acquired a very large piece of land by Grand Marais which they will
guide. He isn't sure of all the legal wording, but the land would still be owned by the
city, but managed by the Land Trust. Director Blank said he has received some public
inquiries, especially by those who live near the properties, as to whether they can use or
visit the sites. A nature center has been discussed. Commissioner Wahl asked Chair
Anderson how the high school open space area discussions had gone. Anderson said it
hadn't gone forward, but needed to be addressed. Members of the open space committee
should be at the next commission meeting. A large amount of reading material will be
given to the commissioners to review. Beth Nixon has written a report on the Hartenberg
property, which will be included. Director Blank said that the Open Space Committee
report would be presented to the Park Commission for recommendation, and then
forwarded to the City Council.
Page 24
6. NEW BUSINESS
a. Little Peninsula. Director Blank said we have been tracking this piece of land for about
10 years. Interest has picked up in the last 3 years. Homestead Village, a short term stay
hotel, was rejected by the City Council a few months ago. It has been presented again,
reworked. The Planning Commission is reviewing the merits of the hotel, while the Park
Commission is reviewing the peninsula issue. The hotel will go to the City Council for
its August 5 meeting. A staff report and attachments have been distributed to the
commissioners. On one of the maps, the area in question is highlighted. One map shows
the three old foundations on the site, which could pose a safety hazard. A biologist report
included plant life and other details for the area. Entrance and egress from the site would
need further work. Blank pointed out to the commissioners the six most prominent open
spaces that the city now owns. The Open Space Committee, after considering all aspects
of the issue had ranked the peninsula at number 14 out of 15 sites as far as desirability.
He pointed out the options available: to not acquire it, to let the City of Medicine Lake
acquire it, or to acquire it for Plymouth. Staff has discussed the issue and feels acquiring
it would probably be in the best interests of the City. The hazards on the property would
need to be cleaned up, and Homestead Village would need to clarify the easements for
entrance and egress. Acquisition of the property would have to come with "no strings
attached." After acquisition is complete, we would have to determine how the property
would be used. This issue would be discussed in the future.
Erica Urban of 1541 West Medicine Lake Drive spoke: She has lived here for 33 years.
She is a member of the Association of Medicine Lake Area Citizens (AMLAC). She
feels that as long as the peninsula is privately owned, there is no control over what
happens to it. She is very happy with the City's current park system. Open space is
becoming scarce. People and wildlife alike need undeveloped land. Please recommend
that the city acquire this property for a park or similar use.
Terry Christian of 9910 South Shore Drive spoke: She has been on the AMLAC board
for 3 years and has lived here for 14 years. She is very interested in improving the water
quality on the lake, which is deteriorating. The AMLAC board is very much in favor of
the City acquisition of the peninsula. Homestead Village asked for AMLAC's input, and
they were very excited about this opportunity. She would like the land to be returned to
something that could help the water quality. City had very good requirements on Basset
Creek, so the mitigation is now smaller. Planning Director Anne Hurlburt has said that
there are very few sites for mitigation. Perhaps further mitigation could happen on the
peninsula to make more of a wetland, which would assist with the water quality. The
little peninsula could become a space for wildlife instead of a space for people.
Commissioner Willegalle asked if she had been working with the water quality
committee with Shane Missaghi. She said yes, she had. She and 3 others toured the lake
in a boat to do an inventory of certain sites and found it very disturbing. They were
looking for certain types of sedimentation, aquatic vegetation, and algae. They presented
their report to Shane's board. They also presented it to the City of Medicine Lake and the
AMLAC board. They are waiting to present it to the City Council until the water quality
report is ready to be presented. She also mentioned that with the development of the East
Medicine Lake Trail, they had hoped that certain things could be done to reduce the
Page 25
amount of chemicals coming into the lake. This didn't happen. There are street drains
that collect water and send it directly into the lake. John Barton has indicated he has been
unable to get information on how these decisions were made. Commissioner Willegalle
asked if she had been involved with the report for Parkers Lake on mitigation. She had
not. She has gone through the AMLAC files on all the studies they have done on water
quality. None of their recommendations have ever been implemented. Willegalle feels if
we can do it, we should do what we can to help this issue.
Jon Kelson of Sunrise Bay Condominiums spoke: The sentiment in his building is that
with the opening of West Medicine Lake Park, it seems like enough parks in this area.
Can't we leave the peninsula alone? If it is developed, we would have to provide police
and fire services; and a road will need to be added. The area people are concerned about
these issues and think they should be addressed now. He is glad the clean up of the
peninsula is being considered. It should be done `surgically" so as not to alter the land
too much.
Chair Anderson wondered if the developer does the clean up, what kind of a job will be
done? Blank said it will take some effort, but it should be possible to have it done
without harming the land. Anderson also wondered if an environmental report exists.
Blank was not sure. Commissioner Wahl said we haven't added roads and satellites in
the other open spaces the city owns, so we wouldn't necessarily need to do so here.
Willegalle said Councilmember Tim Bildsoe was concerned about getting emergency
vehicles down the path into the peninsula. Commissioner Priebe said the peninsula is an
extraordinarily unique resource. He feels the Commission should express a desire to own
it. He feels we shouldn't plan on any development. Treat it as an open space without
encouraged access. If it can help mitigate and clean up the lake, that would be a plus.
Terry Christian mentioned that Homestead Village has really tried to work with the
community, and they have been very flexible with trying to comply. Commissioner
Wahl asked where the project stands. Director Blank said it had been approved by the
Planning Commission and was going in front of the Council. Commissioner Fiemann felt
it was inappropriate to add a path for emergency vehicles because the entrance is so low,
the peninsula becomes an island when it rains. A better use is for mitigation. Chair
Anderson asked about Brown's Market. Blank said it would stay, and the parking lot
would wrap around it. Terry Christian said when the Browns retire, Homestead Village
would acquire it. Wahl asked about cleaning up the lakeshore so people can park boats
there. Blank said people will certainly call and ask if they can go there. We would have
to institute policies so that we will have the correct answers. The commission will need
to address these issues in the future.
Commissioner Willegalle moved to recommend to the City Council to accept staff's
recommendation to acquire the little peninsula as described in the attached report dated
July 17, 1998, Item 4. Commissioner Fiemann seconded. All ayes.
b. Director Blank previewed some upcoming issues. He said the planning commission is
having a public meeting on August 23 regarding northwest Plymouth. Scenarios for no
growth, partial growth, or full growth are being discussed. The Commission will next
Page 26
start work on the 1999-2003 C.I.P. A new list of potential projects will be developed for
the Commission to consider. Commissioner Thompson wondered when Greenwood and
Central Middle Schools would be considered. Blank said during this fall and winter, site
plans could be worked on. Commissioner Priebe would like to discuss golf course status.
Blank has suggested to the City Manager to do another community survey in 1999 to
explore the community's interest in golf courses. Commissioner Willegalle asked if the
city could build a course. Blank said it is difficult to get the 150-180 acres you would
need at this point. Willegalle agrees we should pursue the point, and a survey sounds like
a good idea. Commissioner Fiemann said that a small par 3 course is something the city
needs and should be considered. Priebe is very interested in having the commission keep
on top of the issue.
7. COMMISSION PRESENTATION
None.
8. STAFF COMMUNICATION
None.
L'1•-\0310111N011551a 0 IN
The meeting adjourned at 8:25 p.m.
The City of Plymouth and
Wayzata Senior High School.
A working partnership.
I. Wild Rice Project - 1996,1997,1998. Planting of Wild Rice in the mitigation
wetlands nearest to Elm Creek.
Goals: To increase biodiversity of newly created mitigation pond. To provide food for a wide range of
wildlife. To explore the history of wild rice. To introduce students to the indigenous culture and their
relationship to this plant
II. Prairie Site - fall of 1997. 2 to 3 acres that has been seeded and hand planted with six flats of
native prairie plants. Ongoing project with management needed to create a stable matrix of plants.
Goals: To increase biodiversity of area. To hold slope soils in place. To control nutrients and pollutants
from entering Elm Greek. To introduce students to prairie ecosystems and their management
techniques.
III. Edge Project- 1997. Planted 300 Minnesota native trees and shrubs. Area will be studied on a
semi-annual basis.
Goals: To reestablish an edge for the Maple/Basswood forest. To introduce students to Native
Minnesota plant materials. To introduce students to planting techniques for trees and shrubs. Ongoing
project for wildlife observations, tree and shrub identification, and abiotic factors lab.
IV. Deer Exclosure- 1997- Ongoing. 250'x 500' deer proof fence
Goals: To be able to see the difference in regeneration of forest plant species in the absence of an
overpopulation of herbivores. To introduce students to the dynamic change that is supposed to be at
work in this forest site. To introduce students to field work doing plant identification and population
density studies. (This section continued on next page)
This project was beneficial in our selection for a Student Nature Area Project Grant. ( The SNAP
Grant provided $1,000.00 worth of native MN. spring woodland wildflowers that were planted in this
exclosure as a nursery group to be transplanted over entire woodland as growth and time allow)
V. Video production for community educational purposes- 1998-99. We will research and
produce videos that will explain why and how we as a community need to respond to exotic species such
as purple loosestrife, and buckthorn.
Goals: To provide an opportunity for service learning for our students. To provide educational video
tapes for The City of Plymouth to be used as an educational tool for city environmental issues awareness.
VI. Development of interpretive signage 1998-99- for the projects that we are working on so
that all community members can learn from these projects.
Goals: To research and develop signage that will make the projects and ideas accessible to all visitors.
VII. Elm Creek streambank biotechnology project 1998.
Goals: Working with the Hennepin Conservation District students will work to improve a site that we study
that is privately owned. The homeowner is excited about this project, and the students will be able to see
how this technology will improve the quality of water flowing in Elm Creek.
VIII. Stenciling of Drains running into Elm Creek, on the high school property -1998
Goals: To create awareness that the runoff water from the high school building and parking lots
eventually enter Elm Creek.
IX. Ecology Research Plots 1998- This project is in the information gathering stage.
Goals: To recreate productivity studies that are being done by the University of Minnesota at the Cedar
Creek site. To create sites for real student inquiry and research.
X. Planning and implementation of a 1/2 mile bark chip walking trail on the high school property.
Goals: To create areas for classes and community to use this resource without
damage to critical areas.
Thank you!
David L. Astin, Science Instructor
Wayzata Senior High School
Ph. 745-6985
email -< dave_astin@wayzata.kl2.mn.us>
Sept. 10,1998
DATE: September 4, 1998
TO: PRAC
FROM: Eric J. Blank, Director, Parks and Recreation
SUBJECT: Open Space Committee Recommendations
Attached for your review is a memo dated August 11, 1998, to PRAC from the Open Space
Committee with recommendations regarding the management and protection of the open space
properties. Members of the Open Space Committee have been invited to attend the PRAC
meeting, so they can make their presentation and you can have the opportunity to ask questions
of committee members.
I recommend that the Commission not take action on this recommendation at this month's
meeting, but rather discuss ways to receive input from the general community to review these
recommendations and comment upon them prior to the Commission making its final
recommendation to the City Council. You might want to consider holding a public information
meeting on this issue at the next Park and Recreation Advisory Commission meeting, having the
City publish in the city newsletter a synopsis of the recommendations giving citizens an
opportunity to make written comments to the Commission, and you might wish to send copies of
the recommendations to property owners that live within a reasonable proximity of the site to
allow them to also comment on it before its final adoption.
I am fairly comfortable with the basic report, but have concerns over one or two issues. Having
just received the report myself, I need a little more time to research those issues before I would
be in a position to make a recommendation to PRAC on the total document.
EB/np
attachment
DATE: August 11, 1998
TO: PRAC
FROM: Open Space Committee
SUBJECT: Recommended Management & Protection of acquired Open Space
BACKGROUND:
In March '98, the Open Space committee reconvened to address developing usage
guidelines for the properties acquired as open space by the City. This is the one original
goal of the committee not previously met.
In its original determinations, the Open Space Committee defined "open space" as:
undeveloped lands or natural landscape features with scenic, aesthetic, or conservation
value that justifies their preservation in their natural undeveloped state...".
Beth Nixon of SEH, the consultant which evaluated the sites prior to the acquisition
phase, also made recommendations for protection & stewardship (management) measures
deemed appropriate to each site. (Appendix 1)
The deeds for each of the sites contain provisions restricting the use of the properties for
park purposes for 15 years. (Appendix 2) The Committee determined that such a
restriction is insufficient to preserve the sites in their natural undeveloped state.
A publication of MN DNR: "Natural Areas: Protecting a Vital Community Asset. A
Sourcebook for Minnesota Local Governments & Citizens" provided the committee with
information about alternative methods of protecting the sites, and was used by the
committee in its determination that a conservation easement is the most appropriate
method to accomplish the wishes of the citizens of Plymouth to preserve these open
spaces. (Appendix 3)
The Committee toured the sites and heard presentations by; David Astin, a teacher at
Wayzata High School and committee member, Renay Leone, Executive Director of the
Minnesota Land Trust (Appendix 4), and City staff. Through a series of meetings the
following recommendations evolved;
Establish conservation easements on each site to be held by the Minnesota
Land Trust or another non-profit organization which meets the requirements
of Minnesota Statues Chapter 84C. The easement terms should include
specified limits on use necessary to preserve the open spaces in their natural
undeveloped state. The easements should be perpetual and should include
provisions which encompass the following over-all management
stewardship) scheme and site specific recommendations.
OVER-ALL MANAGEMENT (STEWARDSHIP) SCHEME:
Open spaces shall be managed with best management practices to restore,
enhance, & perpetuate the native ecosystems and increase biodiversity.
Development of individual management plans will rest with City staff, while
taking advantage of available outside resources.
Encourage educational partnerships/opportunities with schools, organizations,
etc.
SITE SPECIFIC CONCERNS/RECOMMENDATIONS:
Tamarack site along Co. Rd. 73.
Due to the high quality wetland and the lack of potential development, this site
should be left as natural as possible. Use the necessary management techniques to
maintain and better the environment, but do not encourage users with a path or
interpretative trail. Establish property boundaries to discourage encroachment.
Hardenburg property west of 101 on 12"` Ave.
Manage area to preserve natural state and allow limited access to protect high
quality site. A picnic shelter may be built on the building foundation. No parking
lot within property boundaries. Parking on 12'n Ave. spur with a person gate.
Possibly to try "garbage in, garbage out" like the BWCA, but a garbage can may
be needed. Need to establish property boundaries to discourage encroachments,
which have been taking place for awhile. Also need to educate adjoining property
owners about environmentally friendly shoreline management techniques, control
of non-native plants, etc.
0 Big Woods site adjacent to new Wayzata High school
Continue educational components (native plantings, deer exclosure, wild rice,
etc.) Positive signage should take place in the form of site identification, plant
identification, and information. This could be done as a cooperative venture
with the City and the School. Establish a perimeter pathway consisting of
wood chips constructed around the site. There may be some loops off of the
existing black top path to encourage use by individuals that may be challenged.
The committee agreed that the site, as well as the perimeter path should not be
used for athletic purposes by the school. Outside resources should be
considered, for example, the student nature area projects in terms of path
layout, access, etc. Establish property boundaries to discourage encroachments
and encourage respect of adjacent private property by users.
The Open Space committee respectfiilly submits these recommendations to PRAC for
their careful consideration. We would encourage adopting these recommendations and
pursuing the use of conservation easements to perpetually protect these valuable
resources for future generations to enjoy.
Appendix 1
Site 1I (a6 WOcPs sl7ir AbleEwr I -D WH -S)
Ecological Assessment
This site contains a large tract (about 53 acres) of maple -basswood
forest. The community continues unbroken to the west and south
to make up a total of 100+ acres. The land to the west if the
proposed site of a new high school. If the remainder of the
community is similar in structure and composition to the site
evaluated, then preservation of the school forest tract would link
together the two sites to make up more than 100+ acres of high
quality maple -basswood big woods forest. The site is nearly level
with both silty and rather heavy clay loam soils, low marshy areas
and Elm Creek passing through the center. The shape is compact
with a relatively low edge to interior ratio. The site shows very
little recent disturbance. Selective cutting, probably of oak,
occurred in the distant past, but red oak has regenerated nicely.
Sugar maple is the most abundant tree. Red oak is common (20%)
and comprises almost all of the canopy. Basswood, ironwood, red
maple and ash are present. Standing and fallen deadwood is
common. Saplings of sugar maple, hickory and ironwood are
typical. Seedlings of sugar maple are highly browsed. The red
oaks range in size from 11-27.diameter. The sugar maples are on
average 8 inches diameter. This forest has a good distribution of
all age classes, except for the lack of young sugar maple seedlings.
Along Elm Creek semi -sunny areas support box elder as the
common understory tree. There is low probability of it spreading
into the highly shaded forest interior. The marshy areas are sedge
meadows and the fringes support most of the herb layer. The herb
layer covers about 30% area and is mostly in patches. The edges
are mostly shaded throughout, but in some places where there are
breaks in the canopy buckthorn is occasional. The size, lack of
disturbance, and structure of this tract make it a grade A forest.
Protection
The forest to the west and south should be preserved along with
this site. Although development of the offsite forest would not
immediately jeopardize the quality of the site, it would place it
closer to the minimum size for an A grade (40 acres). In addition,
due to the high number of red oaks, development could raise the
probability that oak wilt could invade into the tract.
This community should perpetuate itself indefinitely, and no
protection from exotic species in necessary at this time. However,
deer enclosures are recommended to increase survival of sugar
maple seedlings.
Summary eport 940 .0
Plymouth, Minnesota Page 9
Stewardship
Protection of potential forest songbirds should be taken into
consideration. Cats from adjacent development are the biggest
problem for maintaining the habitat for these birds.
Although the area is nearly level, trails should be well maintained
to ensure that walkers do not trample and compact the ground
away from trails. The banks of Elm Creek could be disturbed from
random use of walkers also. Crossings should be maintained and
signs posted to ensure that people do not erode the banks.
The site also contains land cleared for agricultural practice. Some
of this land could be used as open picnic area and some of it could
be managed as a buffer zone around the core preserve. Tree
planting in the buffer zone could be done to increase the size of
forest interior.
5rte w (f- A bEN1;UYG6 POOI> _)ZzK)
Ecological Assessment
This site is part of an oak forest. Although the forest continues
outside the boundaries to adjacent wooded residential lots, it is
probably too small to maintain itself indefinitely. The topography
is rolling and the low areas are marshy. Soils are rather heavy and
drain poorly.
Very old white oak (average 25 inches diameter) comprise much
of the canopy. Aspen, green ash and sugar maple are occasionally
in the canopy. The understory consists of ash, elm, maple, cherry
and buckthorn. These species are competing for dominance in
canopy gaps. Buckthorn is the primary tree seedling and appears
to have caused approximately an 80% decline in the herb layer.
The open areas are ow marshes dominated by reed canary grass.
The structure of this forest has been highly disturbed by the
invasion of buckthorn. This species will probably effectively
compete against the native understory for gaps opened by
senescence of canopy oaks. Due to the small size and high
presence of buckthorn, this tract is given a C grade.
Summary Heport q
Plymouth, Minnesota Page 12
Protection
The small site of this forest tract requires that measures to
maintain the existing size and increase it be taken. The residential
lots on all sides are wooded and should be maintained to help
protect this site as a natural area. Site 2F is linked to this site via
a block of lowland and wooded property (Figure 2D/e/F).
Protecting site 2D, 2F and the connecting block of land would
maintain the existing 40+ acre forest tract.
This site, along with the Site 2F should be protected from further
development of edges in the interior. Edges are conduits for
further spread of nonnative and exotic species. Currently, homes
are on both sites, but the nature of the landscaping is compatible
with the surrounding forest.
Stewardship
Buckthorn removal and control is the primary management
objective for this site. A management plan should be developed
to tackle this formidable problem. Cutting and removal of the
largest trees should be initiated first to remove the primary seed
source. The Nature Conservancy abstracts on buckthorn control
should be consulted.
Awareness and educational signs should be developed to teach the
local residences about the value of the site, the reason for
significant cutting that is occurring and need to keep on the trails.
10 CUMPusiuun uc uie iuwianu naruwouus. Y
Site 3N ("(-taMACAC*I - Sl 7-E)
ItEcological Assessment
This site contains a complex of wetland communities. The unique
element here is the presence of tamarack. It appears that the
community is a shrub swamp with tamarack making up about 30%
of the wooded areas. Tamarack is located in a circular zone
ummary Hepon 9404. 0Plymouth, Minnesota
Page 18
centrally located in the site. The wooded area located to the south
central is weedy in nature and covers a long path of road rubble
large old blocks of concrete). The wooded area on the east
boundary is lowland hardwood forest. The southeastern area is
mostly covered by a cattail marsh. Scattered stands of reed grass
and sedges are along the edges. The north central area is
dominated by reed canary grass. The shrub swamp is invaded by
reed canary grass, but many native herbs are still present. Due to
the presence of tamarack in this community, the shrub swamp is
given a AB grade. Tamarack are sensitive to poor water quality
and thus are an indicator of higher quality areas. Also, they are
rare in this part of the state.
The southwestern open area is an old field. This area would be
useful as a picnic area.
Protection
Wetland ordinances should be used to restrict development on this
site. It is reconunended that the site be specially investigated to
see what conditions should be maintained to sustain the tamarack.
The lowland hardwoods should be protected as wetland transition
zone.
Stewardship
The old field should either be managed as a picnic area or restored
with native flora.
The old concrete blocks should be removed. This practical with
heavy equipment crossing the old field.
07/1d/95 TUE 111:57 FAX 612 4a6 2150 SEH
AM Sr&l MEMORANDUM
9565 VADNAIS CENTER DRIVE, 200 SEN CENTER, ST. PAUL, MN SS110.5110 - 612 4002000 000 32520.55 012 400.2150 FAX
TO: Members of Open Space Committee and Participating Staff
FROM: Beth Nixon, Author of Plymouth Natural Areas Inventory
DATE: July 14, 1998
RE: Need for Conservation Easements
In attending the Plymouth anntral parks tour on June 1 I I had the opportunity to visit the Hardenburg
Site once again and discuss open space protection with Mark Peterson. Following are some
suggestions for your recommendations to the PRAC for open space protection.
Need for MLT conservation easements
It is not clear to me what the need is for conservation easements to protect open space parcels brought
into the City's park system. After spending large sums of money to acquire these parcels (Tamarack
site, Hardenburg, and High School big woods) as open space there does not appear to be a need to
spend another $10-15 thousand on conservation easements. I can only surmise the following two
reasons for your interest in easements.
A lack of trust in the future city 'fathers', elected officials, and staff to protect these parcels as
open space. I hope this is not the reason but if it is, it should be openly stated and debated
publicly in the City to flush out the bad air. If in this debate you still find a need for easements
then by all means go ahead.
A need for stewardship and monitoring. ML.T is really not in the business of ecological
restoration. Furthermore, this is not necessary because the City has excellent staff, many
resident professional environmentalists who should be tapped for some volunteer commitment
to their city, and a plethora of consultants to choose from on an as needed basis,
As a member of the MLT since its inception I truly believe in the work being done. And as a
financial supporter I see the limited funds of the MLT being better spent on the many parcels with
much much greater risk of being bulldozed than these three in Plymouth, acquired with City funds for
the explicit purpose of open space protection. Talk to Renee about what their cost is for just doing
the conservation easement without the follow up stewardship and monitoring recommendations.
passive uses `
An A07"fl cActfnm
Equal 0pp nunlq• En,pl ll
i(1'®
071114:95 TUE (11:57 FAX 1312 anis 215(1 SEI[
Members of Open Space Committee and Participating Staff
July 14, 1998
Page 2
s Tamarack site
1 am in total agreement with your recommended non-use of this site. Some sort of elevated access
needs to be established for monitoring purposes -- with two site visits a year (typical for tnonitoring)
at cacti permanent plot compaction can become a problem.
Hardenburg property
The idea of a picnic shelter sounds good, but consider a low cost structure which you don't mind
replacing after windfall, possibly in a slightly different location -- you can run into the dilemna of
managing the knoll for the purpose of protecting the shelter rather than perpetuating natural forest
processes, including dead wood and maintenance of stump tip ups for biodiversity.
As for trails, this is a site for trail and erosion protection 'biodiveisity'. I recommend a checkerboardofeverythingfrombituminoustoboardwalksandhaybalestonaturalrocktoavoidallpotentialfortrailcompactionandrillerosion. Match the techniques to not only local physical characteristics but
the realistic maintenance interval.
Big Woods site - high school
There are small wooded wetl=ands here which should be avoided completely, including the transitional
zones where lots of herbacous biodiversity can potentially be found, Lots of signage should be used
to get 'protection buy -in' from students. Enlist a broad crass -section of the student body in
developing signs -- not just the environmentally minded or science students. Go to the
marketing/business types and art classes for ideas on signs and what would be 'cool'. I used thisapproachwithoverwhelmingsuccessinprotectingaparcelnexttothecampusatNorthHennepin
Community College on Shingle Creek -- four years ago while teaching biology. Be open to really
different approaches to natural area signage. Don't let cost of signs limit the sign design -- maybe
you'll get a lot of support for some totally different approach.
Good luck finalizing your recommendations!
c:
SAWATPWNoN CME1H ,YMNO7R
Appendix 2
on the Subject Property at a location and in a manner as agreed to by Buyer and
Seller. The memorial shall be a brass plaque approximately 12 x 24 inches in size
and which bears the following inscription:
Collis Hardenber 1912-1978
rccitect Breck Chapel
Si Monumentum requiris, circumspice.
The memorial shall remain the property of the Seller or her heirs. Buyer shall
maintain the memorial in its agreed upon location for at least thirty (30) years after the
date of closing. In the event Buyer removes the memorial from the Subject Property
after the thirty (30) year period, Buyer shall return the memorial to the Seller or her
heirs.
SECTION 7.
RESTRICTION ON USE
Seller shall have the right to include in the warranty deed conveying fee title of
the Subject Property to Buyer a provision that prohibits Buyer from using any portion
of the Subject Property for any purpose other than a public park, and associated
necessary uses, for a period of 15 years from the Closing Date. In the event Seller
reasonably believes that Buyer has breached this restriction on use, Seller may enforce s
this provision in a proceeding in Hennepin County District Court and, if the court qj
finds or rules in Seller's favor, Buyer shall reimburse Seller for her costs,
disbursements and reasonable attorney's -fees incurred in the proceeding.
24239
7
Seller's representations, covenants, and warranties in Section 5 hereof, then Buyer shall have
the right to pursue any remedies available to Buyer at law or in equity, including specific
performance, damages (including attorney's fees) and the cancellation of this Agreement.
9.9) If any provision of this Agreement is declared void or unenforceable, such
provision shall be deemed severed from this Agreement, and the Agreement shall otherwise
remain in full force and effect.
9.10) Failure of any party to exercise any right or option arising out of a breach of this
Agreement shall not be deemed a waiver of any right or option with respect to any subsequent
or different breach, or the continuance of any existing breach.
9.11) This Agreement shall inure to the benefit of and be binding upon the parties hereto
and their respective heirs, personal representatives, successors and assigns. The Buyer may not
assign this Agreement without the written consent of the Seller. Seller shall have the right to;
include in the Warranty Deed conveying fee title of the Subject Property to Buyer a provision
that, subject to the exemption stated below, prohibits Buyer from using any portion of the
Subject Property for any purpose other than a public park, and associated necessary uses, fort`
a period of fifteen (15) years from the Closing Date. The exception to this fifteen (15) year use
restriction is that Buyer may use the easterly four hundred (400) feet of the northerly four
hundred (400) feet of the Subject Property for the realignment and construction of Peony Lane
and related utilities, trailways and holding ponds and, in addition, Buyer may use the easterly'
six hundred (600) feet of the Subject Property for creation of a surface water ponding/wetland
area. In the event Seller reasonably believes that Buyer has breached this restriction on use,
Seller may enforce this provision in a proceeding-inHennepinCounty District Court.
10-
STATE DEED TAX DUE HEREON: S %` a • a7
Date: August q—L , 1996
reserved for. recording data)
FOR VALUABLE CONSIDERATION, Doris M. Olsen, a single ;person, Grantor, hereby conveys and warrants to City of
Plymouth, Grantee, a municipal corporation under the laws of Minnesota, real property in Hennepin County, Minnesota, described
as follows:
The South 626.1 feet of the East 241.7 feet of the North 60 rods of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township
118, Range 22, according to the United States Government Survey thereof.
Grantee, City of Plymouth, and its successors and assigns shall be prohibited from using any portion of the real property legally
described above ("Real Property") for any purpose other than a public park and associated necessary uses, for a period of fifteen
15) years from and after October 11, 1995. The exception to this fifteen (15) year use restriction is that Grantee may use the
easterly four hundred (400) feet of the northerly four hundred (400) feet of the Real Property for the realignment and construction
of Peony Lane and related utilities, trailways and holding ponds and, in addition, Grantee may use the easterly six hundred (600)
feet of the Real Property for creation of a surface water ponding/wet land area. Grantor, Doris M. Olsen, her heirs, successors and,
assigns niaj' n.viyi, thi prG4 tS1Gu lii a proceeuu,g In ffermcpin County. D. ".1 t —oua.. „r
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Affix Deed Tax Sttuup Here
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
Doris M. Olsen
The foregoing instrument was acknowledged before me this 2 m day of August, 1996, by Doris M. Olsen, a single
person, Grantor.
NOTArWLL a'1ASfP UI; e ,1 (n1 n . "'4G UR ItA NK)
JD14N M. dIBIIN
NOTAt1YMUC–MIwiE80TA
HENNEMN COUNTY
lp ocrm.:.i7G S!.3m^
THIS rNSTRITMENT w.45 DRAITMl) BY (NAW'. Aral ADDRLSSi
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center (JMG)
80 South 8th Street
Minneapolis, MN 55402
612) 339-8131
strae.qnatr> ori t rttsn;<'rnt:r:c AcnNrnta.rrtc+r.ur
Tax -Statements for uhe rea: property described in this instrument should
besentto (Include name and address of Grantee):
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
Appendix 3
C. Perpetual Conservation Easements
What it is: A legally binding agreement made between a landowner (public or pri-
vate) and a qualifying organization (also public or private), in which perma-
nent limits are established on a property's use and development
What it accomplishes: Permanent protection for a site's natural features, to the degree
that such protection is provided for in the terms of the easement
When it may he appropriate:
1) To protect the natural and open space values of public land planned for sale
to private parties or to other public agencies
2) To provide permanent protection of required open space in subdivisions
and other developments
3) To provide the appropriate level of protection for highly fragile and envi-
ronmentally sensitive features (eg. groundwater recharge areas, high quality
natural communities, rare species habitat) that are found within existing pub-
lic parks or on other public lands
4) To promote voluntary private landowner conservation measures
According to Chapter 84C of the Minnesota Statutes (See Appendix D, p.124),
land with open space value and/or high quality natural areas may be provided per-
manent protection through the establishment of a conservation easement. A con-
Wa 37
UO
W
servation easement is an agreement made between a public or private landowner
and a qualifying organization (which may be a private conservation organization or
a public agency, as defined by the statute) by which the landowner retains owner-
ship of (title to) a given property, while relinquishing certain development and land
use rights to the organization that will "hold" the easement.
Each conservation easement is unique, with mutually agreed-upon terms that set
specified limits on development and use of a given property in order to protect its
particular conservation values. An easement is recorded on a property's title and
runs with the land;" that is, it is legally binding on not only the present landown-
er but all future owners of the property. The organization or agency that holds the
easement is responsible for regular. monitoring (and, if necessary, legal action) to
ensure that the terms, of the easement are upheld.
When a landowner chooses to enter into an easement on a voluntary basis, it is
commonly out of the desire to see the land's natural features protected. A landown-
er may sell or donate an easement. Though a variety of government conservation
programs fund purchase of easements from willing sellers (See Chapter 5, p.63 ), in
Minnesota, easements are frequently donated, due in part to the tax benefits that
may be enjoyed by private landowners as a result of a donation. Subject to tax law,
a private landowner who donates a perpetual conservation easement to a qualifying
organization/agency may deduct from their income taxes any drop in the appraised
value of the property that occurred as a result of the development restrictions
imposed by the terms of the easement.
Local governments may choose to require conservation easements in certain cases,
for example, as part of the subdivision process) when natural areas are involved.
Landowners are not eligible for a related income tax deduction in this instance.
Easements are a tool that can be used to protect natural areas on private land while
allowing the land to remain in private ownership (and thus on the tax rolls, albeit
potentially at a reduced rate). Local governments can inform private landowners
about this voluntary option, and provide information about organizations able to
assist them in establishing an easement on their land if they so choose.
Local governments have also established perpetual conservation easements on exist-
ing public lands that host high priority natural areas, and on land that private
landowners have donated to the local unit of government with the understanding
that it is to be maintained as a nature preserve/park. The advice of legal counsel is
recommended for any landowner (public or private) considering establishment of a
conservation easement.
Cont. p. 40)
W.
Conservation Easements: A Legal Tool for Permanent Protection of Land
Common Misunderstanding:
The owner of property with a conservation
easement can later change his/her mind
and develop the land.
Common Misunderstanding:
Land with a conservation easement is ex-
empted from property taxes.
Common . Misunderstanding:
All conservation easements are the same.
Common Misunderstanding:
Conservation easements take away a land-
owner's rights to use their land as they wish.
Common Misunderstanding:
Only land with rare or outstanding natural
features is eligible for a conservation ease-
ment.
Fact:
A perpetual conservation easement is legal-
ly binding on the present owner and all
future owners of the land, regardless of
whether the owner is a public agency or
private individual (Reference Chapter 84C
of the Minnesota State Statutes.)
Fact:
A conservation easement does not exempt
land from property tax. Depending on how
the land was assessed prior to the easement,
it may result in a drop in the amount of
property tax assessed.
Fact:
Terms of conservation easements are nego-
tiated with the landowner, and vary accord-
ing to the particular features of the proper-
ty, the landowner's goals, and the goals of
the agency or organization that will hold
the easement.
Fact:
In many cases, establishment of an ease-
ment is a voluntary act on the part of a
landowner, by which the landowner choos-
es to set limits on specified land uses and
the amount of development that can occur
on their property. An easement can offer
many potential benefits to a private
landowner, including a significant charita-
ble contribution deduction from his/her
income taxes if an easement is donated.
Fact:
Outstanding natural areas are good candi-
dates for easements, but easements may
also be established on farms, scenic lands,
and community open space lands.
Figure 5.
39
The Minnesota Land Trust, a private, nonprofit organization, specializes in working
with public and private landowners in establishment of conservation easements on
land with significant natural features, as well as on land with open space, historical,
and agricultural values. It operates with a central office in the Twin Cities and local-
ly based chapters throughout the state (See Resources, p.98, for contact informa-
tion).
APPENDIX D
CHAPTER 84C, MINNESOTA STATE STATUTES
Conservation Easements
84C.01 Definitions.
84C.02 Creation, conveyance, acceptance, and duration
84C.03 Judicial actions.
84C.04 Validity.
84C.05 Applicability.
84C.01 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1) "Conservation easement" means a nonpossessory interest of a holder in real property imposing
limitations or affirmative obligations the purposes of which include retaining or protecting natural,
scenic, or open -space values of real property, assuring its availability for agricultural, forest, recre-
ational, or open -space use, protecting natural resources, maintaining or enhancing air or water qual-
ity, or preserving the historical, architectural, archaeological, or cultural aspects of real property.
2) "Holder" means:
i) a governmental body empowered to hold an interest in real property under the laws of this
state or the United States; or
ii) a charitable corporation, charitable association, or charitable trust, the purposes or powers
of which include retaining or protecting the natural, scenic, or open space values of real prop-
erty, assuring the availability of real property for agricultural, forest, recreational, or open -space
use, protecting natural resources, maintaining or enhancing air or water quality, or preserving
the historical, architectural, archaeological, or cultural aspects of real property.
3) "Third -party right of enforcement" means a right provided in a conservation easement to enforce
any of its terms granted to a governmental body, charitable corporation, charitable association, or,
charitable trust, which, although eligible to be a holder, is not a holder.
History: 1985 c 232 s 1
84C.02 CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION.
a) Except as otherwise provided in this chapter, a conservation easement may be created, con-
veyed, recorded; assigned, released, modified, terminated, or otherwise altered or affected in
the same manner as other easements.
b) No right or duty in favor of or against a holder and no right in favor of a person having a
third -party right of enforcement arises under a conservation easement before its acceptance by
the holder and a recordation of the acceptance.
c) Except as provided in section 84C.03, clause (b), a conservation easement is unlimited in
duration unless the instrument creating it otherwise. provides.
d) An interest in real property in existence at the time a conservation easement is created is
124
not impaired by it unless the owner of the interest is a party to the conservation easement or
consents to it.
History: 1985 c 232 s 2
84C.03 . JUDICIAL ACTIONS. .
a) An action affecting a conservation easement may be brought by:
1) an owner of an interest in the real property burdened by the easement;
2) a holder of the easement;
3) a person having a third -party right of enforcement; or
4) a person authorized by other law.
b) This chapter does not affect the power of a court to modify or terminate a conservation easement
in accordance with the principles of law and equity.
History: 1985 c 232 s 3
84C.04 VALIDITY.
A conservation easement is valid even though:
1) it is not appurtenant to an interest in real property;
2) it can be or has been assigned to another holder;
3) it is not of a character that has been recognized traditionally at common law,
4) it imposes a negative burden;
5) it imposes affirmative obligations upon the owner of an interest in the burdened property
or upon the holder;
6) the benefit does not touch or concern real property; or
7) there is no privity of estate or of contract.
History: 1985 c 232 s 4
84C.05 APPLICABILITY.
a) This chapter applies to any interest created after August 1, 1985, which complies with this chap-
ter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction,
easement, or otherwise.
b) This chapter applies to any interest created before August 1, 1985, if it would have been enforce-
able had it been created after August 1, 1985, unless retroactive application contravenes the consti-
tution or laws of this state or the United States.
c) This chapter does not invalidate any interest, whether designated as a conservation or preserva-
tion easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is
enforceable under other laws of this state.
History: 1985 c 232 s 5
125
Appendix 4
Partners In Conservation
The Minnesota Land Trust's efforts would be
impossible without the help of its generous
volunteers, members, landowners, and community
partners.
Volunteers
Volunteers are active with the Minnesota Land Trust
at every organizational level, including providing
leadership through the board of directors and assisting
with the hands-on work of land preservation and
monitoring.
Members
The Minnesota Land Trust is a membership
organization. Membership provides the financial
sustenance necessary to carry out the organization's
daily operations.
Landowners
Without landowners who share a vision and concern
for the future of their land, the Minnesota Land Trust
would cease to exist.
Community Partners/Chapters
The Minnesota Land Trust is enhanced through a
chapter structure whereby members --generally
private citizens who have contributed to the
organization --become active as volunteers to cavy
out the mission of the Minnesota Land Trust in their
local communities. Chapters meet regularly to set
priorities for their land protection work, including:
inventories of land that has protection potential,
public education, and annual monitoring of easement
properties to assure compliance with conservation
goals.
MINNESOTA LAND TRUST
70 North 22nd Avenue
Minneapolis, MN 55411-2237 .
612)522-3743 Phone
612)521-2376.Fax
www.mnland.org
Accomplishments
Land Permanently Protected
A sampling of the properties protected by the
Minnesota Land Trust includes:
525 acres in Washington County
surrounding an outdoor education center
and protecting wetlands, woods, prairie;
60 acres of bluff and Lake Superior
shoreline owned by the City of Grand
Marais;
158 acre century farm in Todd County;
1.5 miles of wooded shoreline along the _-
Crow Wing River in Cass County;
80 acres of blufflands overlookingthe.
Mississippi River -
Satisfied Landowners
1 have been amazed at the reaction of neighbors
and even of total strangers to the placing of this
land in a conservation easement. People
continually thank me for the "gift". to the
community. But in fact I consider it a gift to myself r
to protect forever the land that I love."
The property is special to me because it is my
home farm...We chose to protect this property
because we are discouraged with the urban sprawl
taking so much of this area and turning it into
housing developments. There are only four farmers
left in Columbus Township ... We wanted to preserve
a little of the area as open space for the future. "
Land Protection Education
Preserving our Private and Family Lands," the
Minnesota Land Trust's first major forum was
attended by over 160 landowners and concerned
professionals and resulted in the production of a
video that is now available for sale.
printed on recycled paper
Donlin and Ha,kins Family on tlreir prorecrcd property. Photo
compliments of Platt Schmidt Phow;_raphy.
As though the storm clouds
cleared, the Land Trust offered us
the ultimate solution. We had a load
lifted and now feel such strength
through [you] and the alliance of
other Trust members."
Amy Donlin
Minnesota
Land
Trust
A non-profit organization
protecting open space.
About The Minnesota Land Trust
Founded in 1991, the Minnesota Land Trust is a, y
private nonprofit organization. Our mission is to:
promote the protection and enhancement of open
space including farmland, wetlands, woodlands;'.:,,:
bluff lands, wildlife habitat and scenic areas. This
mission is accomplished through direct conservation
efforts, public education and a number of
community partnerships. Our geographical focus is.
statewide.
Why Be Concerned?
Minnesota has a gambling problem. We are
gambling away our most precious resource --land.
Land is beingpaved, polluted and permanently,
altered at an alarming rate. Consider these facts:: ,
Minnesota is the fastest growing state in the
Upper Midwest.
Minneapolis-St. Paul is the third most
sprawling metropolitan area in the country.
Nationally, urban sprawl consumes up to 2
acres of land per minute --a million acres
per year.
Between 1982 and 1992, approximately
400,000 acres of Minnesota farmland were
lost to development.
Today less than 2% of Minnesota's old
growth forest and 1% of pre -settlement
prairie remains.
More public resources are often required to
pay for new infrastructure (roads, sewers
and schools) than can be recouped through
tax revenue.
Fortunately, there is still time and opportunity to
protect our state's natural resources for the needs
and enjoyment of current and future generations.
Solutions Are At Hand
Individually and collectively we have the tools to
protect land and preserve Minnesota's natural and
rural character. The Minnesota Land Trust offers the
following services:
Direct Land Preservation
Most of our resources are dedicated towards direct
contact and negotiations with landowners, local
government officials and private corporations to ..
encourage either the placement of permanent
restrictions on property to protect its natural features
or the donation of land.
Our primary tool for protecting open space is the
conservation easement. A conservation easement is a. ;
legally binding agreement between the Minnesota.
Land Trust and a landowner by which mutually
agreed upon limits are set on a property's
development potential. The agreement
permanently preserves open and scenic space, lin.-
its harmful types of development, and may lead to
significant tax benefits to the landowner.
Aside from working hand-in-hand with individuals
who wish to voluntarily place development
restrictions on their property, the Minnesota Land
Trust also accepts donations and bequests of land
Public Education
Through community forums and individual
consultations, the Minnesota Land Trust is available
to educate the public about land use policies and
conservation options. We participate with
communities to help better inform local officials
about available options. By working directly.with
local government and other organizations, the
Minnesota Land Trust also helps communities meet
the open space needs of their current and future
residents.
Join its
The threat to Minnesota's natural, scenic and
agricultural areas is very real. The work of our
small staff is leveraged by the efforts of dedicated
community volunteers and generous community
contributions. By joining the Minnesota Land Trust
today, you will help preserve our state's beauty and
natural treasures forever.
Membership Levels and Results
Benefactor (51,000+). A gift at this level will
help pay for the mailing of News and lreus to
over 5,000 conservation -minded persons.
Patron ($500-999). A gift in this range will
help pay for the fuel and film costs necessary. to
document up to 10 properties through aerial
photographs.
Sponsor (5250-499). A gift at this level will
help the MAT Land Trust complete the legal -
related work necessary to finish one to two
conservation easements.
Friend ($100-249). A gift in this range will help
pay the costs for a staff person to make initial
visits up to two properties where landowner
are considering protection options.
Steward (535-99). A gift within this range will
help pay for the costs associated with making an
annual monitoring visit to one protected
property or pay for up to 500 conservation
easement brochures.
Other S
Membership Benefits: All members receive the MN
Land Trust newsletter, News and Views, and a bi-annual
update. Members at the $100+ level will be invited to
participate in our Conservation Buyer/Seller Program.
Members at the 5250+ level will receive a MN Land Trust
coffee mug.
Please check your preferred membership level, fill out the
following information, then tear off and return this
section, along with your gift, to the Minnesota Land Trust.
Your Name:
Address:
Zip Code
Phone:
benefits take effect 1-1-97
THANK YOU!
If the easement's value exceeds 30 percent
of the donor's income, the excess can be
carried forward and deducted (again,
subject to the 30 percent limit) over the
next five tax years, if needed.
Above, we calculated the value of the
Smith's easement at $140,000. If their
adjusted gross income in the year of the
easement transaction is $80,000, they could
deduct 30 percent of that amount, or
24,000, in the first year.
However, because the value of the
easement is greater than their allowable
deduction, they also would be able to
deduct $24,000 for each of the next four
years and the remaining $20,000 in the
fifth year (assuming a constant adjusted
gross income of $80,000). Their total
federal income tax deduction for the
six-year period would be $140,000.
fate Tar Benefits - Donations of
easements, whether during the landowner's
life or by bequest, can reduce the value of
the land upon which estate taxes are
calculated. This can greatly benefit a
landowner wishing to transfer land to
relatives.
For instance, when the Smiths pass their
Property on to their children, the estate
ould be subject to federal and state
inheritance taxes. By making an easement
Jonation, the value of the estate for tax
purposes would be reduced by $140,000.
A,dditional appreciation of the land after the
onservation easement is placed on the
roperty may also be limited.
Che estate tax benefits of a conservation
asement can often mean the difference
etween heirs having to sell property to pay
state taxes and being able to keep the
property in the family
Property Tax Benefits - The conveyance of
a conservation easement may reduce a
landowner's property taxes. This depends
on current zoning and land use, current
assessed value, and whether the owner
participates in a current -use assessment
program like Green Acres or Metropolitan
Agricultural Preserves Program. Under
Minnesota law, county assessors must take
a conservation easement into consideration
in establishing the market value of the land
subject to the easement.
However, existing tax basis, assessed value,
and current zoning of each piece of
property are important factors in
determining the potential benefits of any
easement. The exact terms of each
individual easement also have a bearing on
its effect on property taxes.
What Oiteria Must Be Satisfied?
To be eligible for most of the above tax
benefits, the agreement must be entered
into with a qualified conservation
organization, such as the Minnesota Land
Trust. In addition, the terms of the
easement must be perpetual and they must
I eet other IRS regulations.
The criteria that must be satisfied for the
Trust to accept such a donation are
available upon request.
What Rights Does the Land TYust Have to
My Land?
If the Trust accepts an easement on your
land, it is obligated to oversee and enforce
the easement's terms and conditions.
For example, the Trust has the right to enter
and inspect the property (usually once a
year) to ensure that the terms of the
agreement are being upheld. Except in
unusual circumstances, these visits are
scheduled with the landowner.
However, this does not mean that the Trust,
or some other group, has the right to use
the property. Furthermore, the easement
does not allow public access to the
property, since it remains privately owned.
Minnesota
Land
Trust
43
printed on recycled paper
Minnesota
Land
Trust
Conservation
Easements
What Is a Cmtservation Easement?
The Minnesota Land Trust and other
qualified conservation organizations use
conservation easements to protect
important land resources.
A conservation easement is a legally
recorded agreement by which landowners
may voluntarily restrict the use of their
land. Provided that certain conditions are
met, donors of easements may be eligible
for certain income, estate and property tax
benefits. One of the conditions is that there
must be an established, recognizable public
benefit, such as protecting rare species,
public water supplies, or scenic vistas
visible from roads. Public access is not a
requirement.
Although the duration of a conservation
easement can vary depending on the
desires of the landowner, tax benefits
generally are available only for perpetual
easements. The Trust will only accept
perpetual easements, since they provide
permanent protection by subjecting all
future landowners to the same restrictions.
Il7uat Types of Land Can Be Protected
Through Conservation Easements?
Any type of undeveloped or sparsely
developed property can be protected with a
conservation easement. The Trust seeks to
protect agricultural land, forested lands,
wildlife areas, wetlands and other scenic or
natural lands.
Mat Effect Does This Agreement Have on
My Property Rights?
A landowner who conveys a conservation
easement retains all rights to use the land
for any purposes that do not interfere with
the preservation of the property as stated in
the terms of the easement.
The landowner retains title to the property,
the right to sell it, the right to restrict public
access, and the right to deed it to whomever
he or she chooses. However, most or all of
the rights to develop are restricted or
eliminated.
The terms of a conservation easement are
individually tailored to reflect each
landowner's particular needs, situation and
property. For example, one landowner may
want to prevent any future development.
Another may want to retain the right to
construct an additional barn or shed. A
third landowner may want to reduce,
beyond what is allowed by current zoning,
the number of homes that may be built on.a
given parcel of land. The easement can be
written to apply to the entire property or to
only a portion of it.
Meat Are the Benefits?
Land Protection - By conveying a
conservation easement, a landowner can
protect his or her property' s land
resources, thus protecting the natural values
of the property for today and for future
generations. In this way, wildlife habitat,
scenic vistas, or productive farmland is then
preserved.
Tax Benefits - The conveyance of a
conservation easement can reduce federal
and state income taxes, local property
taxes, and estate and inheritance taxes.
However, in order to determine the value of
each of these benefits, the value of the
easement must first be determined.
How Is the Value of the Easement
Determined?
Land ownership can be viewed as owning a
variety of separate rights on the property.
These rights include, but are not limited to,
the right to farm the land, the right to build
on the land, and the right to exclude the
public.
When a conservation easement limits any
of -these rights, the value of the land is
affected. That value can be determined by
having an appraisal completed by a
qualified appraiser who follows IRS
regulations. First, the land is appraised in
light of its full development potential. Then
the land is appraised, taking into account
the easement restrictions which limit some
or all of the property's development rights.
The difference between these two figures is
the value of the easement. In instances
where the easement is donated and
qualifies under IRS regulations, this amount
also is the value of a charitable contribution
which may be taken as an income tax
deduction.
Let's look at a hypothetical example to see_
how a typical donation would work:
Suppose the Smiths have decided to convey
to the Trust a conservation easement on
their undeveloped 100 acres. The property
contains a combination of agricultural
fields, woods and several small wetlands.
The Smiths wish to donate a conservation
easement on the entire 100 acres, to insure
the land is never developed. Current
agricultural uses will be allowed to
continue. If the property's current value is
3,000 an acre, then its total fair market
value - before an easement is in place -
would be:
100 acres x $3,000/acre = $300,000
Let's assume that once the easement is in
place the per acre value of the Smith's
property (with its development rights
removed) would be reduced to $1,600 an
acre. Then, the market value of the
restricted property would be:
100 acres x $1,600/acre = $160,000
The difference between the before and
after values would be the value of the
easement donation:
300,000 - $160,000 = $140,000
How Do You Calculate the Tax Benefits?
Federal Income Tax Benefits - Under the
IRS code, the donation of a qualified
conservation easement may be treated as a
charitable contribution. The value of the
contribution can then be deducted at an
amount up to 30 percent of the donor's
adjusted gross income in the year of the
gift.
1999-2003 PARKS CIP DRAFT
1999 West Medicine Lake Park
covered bridge
boat dock
park signs — cast and west beaches
two drinking fountains
I-494 trail bridge 185,000.00
Elm Creek Pla field building with bathrooms
Activity center/fieldhouse split payment 70,000.00
Re lace three neighborhood park playgrounds
Donation to Oakwood School playground 15,000.00
Youthsports fields upgrade — Central Middle/ Greenwood
Art in the Park
2nd payment for stage 22,079.90
Swings at Shiloh 6,000.00
Develop Mud Lake neighborhood park
Ice Center misc.
Zachary Park lighting
2000 Activity center/fieldhouse split payment 100,000.00
Trails
3rd payment for stage 20,938.22
Youth sports fields LipEade
Playground replacement (2)
Land acquisition 10th playfield
Picnic shelter — Zachary Park
Develop 22nd Ave & Vicksburg mini park
New playground — Elm Creek Playfield
Electronic community bulletin board
Special gardens and landscaping — activity center
2001 4th payment on stage 19,796.55
Trails
Playground replacement (2)
Land acquisition 10th playfield
2002 Final payment for stage 18,654.87
Trails
Pavilion - West Medicine Lake Park
Playground re lacement
2003 Trails
Playground re lacement
96CIPPRK
Citr of Plrmaath
1998 -11..1 Capital /mproveme ds Program
Park Projects
Park Park Park
PW1Al Park C PIaOWOg Park De .d.0 Dcilita0o0 Re lacemam Cumm001 OtherNumberPWj»t Ynr avd ae<mm. P1ay0adr Nelghbarh0ad MSA impr amn PLodiog Total
T.M Perla BOvdi FSOd C sea.
Otho FEOdiag Sov9m Net.
x x fl 18,725 0 0 0 0PR2lma. x x 9N 0 0
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PRq 0 0 3,500,000 3,300,000 ea,e. ae.erurrms
P0.5-va,e.rl se.0 Wege A A A 0 11186,000 00 ll0 0 3,000
m Adt)9p.ar.lf-9 A x 0 50,000 0 0 00 86.000
PR] mos,-Blvev o,.9u. x A 3 0 0
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PRE M:l.Pmm A A 91 20,000 - 0 0 0 00 00 38.00020,000PR9P..l eb68v x 1 0 0 0 0PRIGAOsMsr., P.B x m A O O O
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PRII cyu®s x 168,000 0 0
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0 0 168,0011
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185.000
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FRIT „P1mm 0 80,000 80,000 00 00 00 65.000
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160,000
P0.1q sJmIPY9pwtl,-Ot oW 0 15,000 0 0
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5i01w 378,T23 95,000 80,000 0 00 00 15,000553,775
PRq iri Onebpr W m W 100.000 0 0-0-0
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PRI1-
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0 I8,'RS Iomvlm6,,,amaFy,,,mtF I
PRII r.Prvnes W m W 0 90,000 090,000 00 00 0 100,000
PR8 M:9eft W W W 13,000 O O O
O 180,0110
PRIT •'u,(IOIi PhYFMf) W W W 200.000 0 0 0 o0 O 15,000
s.e,wI 433,725 90,000 90,000 0 0 00 200.000613,725
PRa ]mJ OneaP,.. of m al 100,000 0 0 0 0PRI0Ixx18,R$ 0 0 0 0
0 100,000
PRIT ngm:b: 01 200,000 0
0 I8,]2S Inmmlm6m r.,,e.)Fy„y,,,e,iFM
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5i01i1it
0 0 0 175,000318,725 175,000 0 0 0 0 993,735
PRA Tml m' m W Im" 0 0 0 0PRIIP.,.ob mx W x 18,72$ 0 0
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PRI7 m 200,000 0
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PRII W 1 01 0 80,0011 00 00; 0 0 200,000
B`a'wl 318,723 80,000
0 0 80,000
0 0 0 0 98,725
ITOTAI.
m..v.n.en
1,926,623 719,000 220,000 0' 0 7,700,W0 10,363,425
Page 1
21658
June 15, 1998
To: Mark Peterson, Superintendent of Parks
From: Patty Tiffany and The Shiloh Neighborhood
Re: Additional swings at Shiloh Park
We, the undersigned, would like to see additional swings installed at Shiloh Park.
Our park is very highly used, not only by our neighborhood children and families but
also by the other surrounding neighborhoods. One bay of swings with only two swings
installed is -just not enough for the high frequency of usage observed daily- mornings,
afternoons, and evenings. We were very disappointed and saddened when a third
swing was removed last summer because of new code restrictions.
Thankyo-ufor considering our petition, You -are invited to- visit our park to -observe -for
yourself the lack of swings and our desperate situation.
Sincerely,
The Shiloh Community -
10
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I
AUIA U-.
SIXTH ANNUAL
Saturday, September 19, 1998
10:00 A.M. to 5:00 P.M.
ENJOY AN ENTERTAINING DAY FOR THE WHOLE FAMILY!
QUALITY ARTS AND CRAFTS FOR SALE
MUSICAL PERFORMANCES AND FOOD SERVED
A SPECIAL CHILDREN'S ACTIVITY AREA AND SENIORS' DISPLAY
GtURiy)o':
Leroy Larson Trio
Kids Song with Michael Phillips
The Wonderful World of Woody
1
Sponsored by the City of Plymouth
P L Y M O U T H For more information, call 509-5223
Fine Arts Council
PARKING in CITY HALL parking lot; along 34th AVE.;
and at LIFETIME FITNESS and PLYMOUTH ICE CENTER
back/ lower parking lot off 37th Ave.
City Celebration
In conJunction with Minnesota Cities Week
Join your friends and neighbors on
Saturday. October 10, 1998
Plymouth City Center Area
S . .
R fSTART . • ..`
pf.
Z p.m. PARADE featuring:
CBands
Clowns
Floats
Community Groups
Area personalities PO
A0
0
3-6 p.m PARTY at Life Time,Fitness/
Plymouth lee Center Facility:
Sock Hop featuring The Fantastic Convertibles
Ice skate and play games In the Ice Center
Swim at an Indoor beach party
Food for sale
City Information on display
Plymouth Showmobile--entertainment by local
community groups
4
1411 /Activities are Freel
Help celebrate our community and 30 years of
city -based government[
Co-sponsored by lifeTime Fitness
For more Information, call 509-5223
Parade route closed to public traffic at 12:30 p.m.
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447-14.82
612)509-5000
RE: Plymouth on Parade Celebration
Dear Plymouth Business:
On behalf of the City of Plymouth, we would like to formally invite you and/or your business to
participate in our First Annual "Plymouth on Parade" Celebration. This event is being held on
Saturday, October 10, 1998 in the Plymouth City Center area (bounded by Plymouth Blvd., Co. Rd.
9, Hwy. 55 & Vicksburg Ln.). We are very excited about our First Annual Parade.
The day's events include:
2 PM Parade — featuring: Bands, clowns, floats, community groups, area personalities
3-6 PM Party at Life Time Fitness/Plymouth Ice Center Facility — featuring: sock hop to live
music in the gym, ice skate and play games in the Ice Center, swim at an indoor
beach party
Your participation in our community event is encouraged. Please consider the following options:
l.) Parade Participant (please fill out enclosed application and waiver)
2.) Event Sponsor (please fill out enclosed application and waiver)
3.) Event Volunteer (please fill out application, volunteer form and waiver)
Please return the enclosed application indicating whether or not you will be a participant in our
parade this year. Fill it out completely so the parade announcers can give your unit proper
recognition. An entry fee of $50.00 is to be mailed in with your application. In addition, please
review, sign and return the enclosed liability waiver. Volunteers, please fill out and return the
enclosed Volunteer Form. We would appreciate your quick response by September 15, 1998 and
look forward to seeing you on October 10. 1998. Upon receipt of your application, entry fee and
liability waiver, detailed information regarding line up location, unit number, and parade map will be
sent.
Insurance and safety regulations require that NO candy or other items be thrown from any parade
units. If your unit wishes to distribute handouts, please walk along side of the unit to hand them out.
Units that fail to comply with this requirement will be removed from the parade route. We
appreciate your cooperation in protecting the safety of our parade spectators.
We look forward to seeing you at our community "Plymouth on Parade" event. Our hope is to
continue this event each fall, with your support, making this become a Plymouth tradition.
Sincere ,
WcL
Karol Greupner, Eve etCoorlator
612)509-5223
Name of Organization:
Contact Name:
Address:
City/State:
Telephone Number(s):
Plymouth on Parade Celebration
OCTOBER 10, 1998
PARTICIPANT APPLICATION
PLEASE COMPLETE AND RETURN NO LATER THAN
SEPTEMBER 15, 1998
I'C}iT
Zip Code:
1, MY BUSINESS WILL BE IN THE PARADE $50.00 (Entry Fee)
Circle one)
Unit Type: Float Marching Unit/Band Car/Trailer Walkers Other
Number of Members in Parade Unit
Circle one)
Does the unit play or use MUSIC in the parade? YES NO
Comments/Description of unit:
2. MY BUSINESS WILL BE AN EVENT SPONSOR (amount)
Levels of Sponsorship**
PLATINUM GOLD SILVER BRONZE
1,000.00 $500.00 $250.00 $125.00
You will be acknowledged as a sponsor in the event program and recognized on our contribution wall.
THANK YOU in advance for your TAX DEDUCTIBLE donation).
3. MY BUSINESS WILL PROVIDE EVENT VOLUNTEERS.
Please fill out the enclosed Volunteer Form and return with your Application and Waiver.)
MAIL APPLICATION, WAIVER,
ENTRY FEE and VOLUNTEER FORM TO: City of Plymouth Recreation Department
PLYMOUTH ON PARADE
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
UPON RECEIPT OF YOUR APPLICATION AND WAIVER,
YOU WILL RECEIVE PARADE INFO, LINE UP NUMBER, PARADE MAP, ETC.
City of Plymouth
Plymouth on Parade Celebration
Event Liability Waiver
THE UNDERSIGNED, for myself, my heirs and assigned, in consideration
of being allowed to participate in the Community Parade on October 10, 1998
hereby releases the City of Plymouth, it's elected officials, employees and agents
from any liability for injuries, death or property damage the undersigned may incur
as a result of participating in the parade, preparing for the parade, or in any other
way associated with the parade whether or not the injuries, death, or damage
resulted from negligence or gross negligence of the parties being released.
Dated: 19
Signature
Print Name
Address
City, State Zip
MAIL APPLICATION, WAIVER, ENTRY FEE (if applicable), AND
VOLUNTEER FORM TO:
City of Plymouth Recreation Department
PLYMOUTH ON PARADE
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Plymouth on Parade Celebration
OCTOBER 10, 1998
VOLUNTEER FORM
PLEASE FILL OUT THIS FORM FOR EACH EVENT VOLUNTEER
AND RETURN NO LATER THAN SEPTEMBER 15, 1998.
Contact
Name: Company:
Address:
City: Zip Code:
Telephone
Number(s): Work Home FAX:
VOLUNTEER POSITIONS AVAILABLE
1.) I would like to VOLUNTEER at the information desk located at the Parade Check-in.
Circle one: 12:30pm-2:00pm 2:00pm — 3:30pm
2.) I would like to VOLUNTEER as a Parade Monitor along the parade route.
Circle one: 12:30pm — 2:00pm 2:00pm — 3:30pm
3.) I would like to VOLUNTEER at the end of the parade handing out refreshments to band
members. Estimated one shift: 2:30pm to 3:30pm.
4.) I would like to VOLUNTEER at LifeTime Fitness in the gym area during the sock hop.
Circle one: 2:45pm - 4:00pm 3:45pm — 5:00pm 4:45pm — 6:00pm
5.) I would like to VOLUNTEER at LifeTime Fitness in the pool area checking in bags for
the people who wish to swim.
Circle one: 2:45pm - 4:00pm 3:45pm — 5:00pm 4:45pm — 6:00pm
6.) I would like to VOLUNTEER at the Ice Center as a monitor/helper.
Circle one: 2:45pm - 4:00pm 3:45pm — 5:00pm 4:45pm — 6:00pm
7.) I would like to VOLUNTEER at the Ice Center as a game assistant/aide on ice skates.
Circle one: 2:45pm - 4:00pm 3:45pm — 5:00pm 4:45pm — 6:00pm
VOLUNTEERS, please call Nancy Anderson, Volunteer Coordinator, at (612) 509-5230 for
confirmation of your shift(s). Volunteers will be placed on a first come first served basis. DO NOT
assume that you are working a shift until it has been confirmed. Please mail this form with the
application and waiver to: City of Plymouth Park & Recreation Dept., Plymouth on Parade,
3400 Plymouth Blvd., Plymouth, MN 55447.
THANK YOU IN ADVANCE, FOR YOUR OUTSTANDING VOLUNTEER SERVICE.