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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 0 18,725 mum.Im6omamJFq.s Fel PR3 ea9m. x A 9V 9 0 0 0 0 4,20Q,000 400,000 Omh meomv' fine, 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 0 100,000 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 o u.000 PRII cyu®s x 168,000 0 0 O O 85.000 PR12 mMniss lJa Ptlsi•'I. x A 91 q" 0 0 0 0 0 168,0011 PR13 etrim.r®y A 0 0 0 O 0 50.000 M14 91 0 25,000 0 0 00 0 25,000 PRIS Tti Tu t. A 91 3100 0 0 0 0 25.000 IIw 0 0 100.000 476,725 2]9,000 So'm 0 0 7,700,000 8,505,725 PRI lOt9ll,ia{e x iss'm 0 0 0PRI9qeAxIII'm 0 0 0 185.000 PRIG ar,yv. fell yptle 100,000 0 0 0 18,T25 xemnm6®avec FgyemiFme PROS 65.000 0 0 0 0 0 100,000 cemweee P+auea00e0e.maw FRIT „P1mm 0 80,000 80,000 00 00 00 65.000 PRH ,u: rP.t 10,000 0 0 0 160,000 P0.1q sJmIPY9pwtl,-Ot oW 0 15,000 0 0 0 10,000 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 1. W a A 18,725 0 O 100.1100 PRI1- 0-00G9wn,9,.v firs W m W 100,1Kq 0 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 PRIB Pei LLvgpek oI at o) 0 175,000 00 0 0 0 200,000 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 0 100,000 PRI7 m 200,000 0 0 0 0 18,725 6xvm;m6wnagey FMP^ery flmq 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 e DLJ Gly iggs z9'" d}vp ML F/nnA 4 ' Atf4\ ilaa s JLo /i GD SZS Z6,4 14- 1700 4— f7G 30 e H,121 7,/I ,s - 4,7vv,91v k l S (s 5N v7^ a,7;5- tee, y %,, i%c a e lt e a zgzs /e C.j 4C/c,( AyMok^ rnA s5-vv7 G_(Jrl ro- ke11,S61'1 44 V Ha%yA i vim. > 71 (0 PLS . Jk 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.