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HomeMy WebLinkAbout20081021CCPCity of Lake Elmo 3800 Laverne Avenue North A. CALL TO ORDER October 21, 2008 7:00 p.m. B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: __ Johnston __ DeLapp __ Johnson __ Park __ Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: 1. October 7, 2008 H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. I. CONSENT AGENDA: (Items are placed on the consent agenda by city staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll J. REGULAR AGENDA: 3. Consider approval of a conservation easement to the Minnesota Land Trust for Sunfish Lake Park and authorize the Park Comission to develop a park concept plan for Area 2 of Sunfish Lake Park K. REPORTS AND ANNOUNCEMENTS: Mayor and City Cow1cil Administrator L. UPCOMING DATES OF NOTE: November 5 -City Council Meeting to canvass election results M. Adjourn City of Lake Elmo City Council Minutes October 7, 2008 Mayor Johnston called the meeting to order at 7 :00 p.m. DRAFT Present: Mayor Johnston and Council Members DeLapp, Johnson, Park and Smith Also present: City Administrator Hoyt, Planning Director Klatt, City Engineer Griffin, City Attorney Filla, Finance Director Bouthilet, and Recording Secretary Luczak. APPROVAL OF AGENDA: Motion: Council Member Smith moved to approve the October 7, 2008 agenda as presented. Council Member Johnson seconded the motion. The motion passed unanimously. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The minutes of September 16, 2008 were approved by consensus. PUBLIC COMMENTS/INQUIRIES: Jim Blackford, 9765 45th St. N., expressed his concerns about the clean up of the polluted water areas. The landfill liners also need to have a warranty from the State when they fail. Susan Dunn, 11018 Upper 33 rd St. N., thanked the City for the October 4, 2008, Pebble Park buckthorn clean-up. She also asked about the Pulte senior housing project. Mayor Johnson stated that plans were never submitted to the City for review. She requested that those persons who are campaigning be honest. Brian McGoldrick, 36 Moonlight Bay, Stillwater, introduced himself as the representative for the Gary Mulcahy group which had recently purchased the former Mulligan Masters Golf Course located on Keats A venue and explained that he will be looking for an interim use for the area. He was directed to proceed through the planning comm1ss1011. DRAFT CONSENT AGENDA: MOTION: Council Member Smith moved to approve the consent agenda. Council i'vfember Johnson seconded the motion. The motion passed unanimously. • Approval of disbursements in the amount of$172,129.55 • Approve the purchase of an asphalt roller Stone Wolf PAC 3100 from St. Joseph Equipment with lights, city logo and tax for $13,410.41 and an asphalt saw and blade from United Rental for $2,005.84 out of the capital equipment fund. • Approve the purchase of Springbrook utility billing software for $10,100.00 charged to the water, sewer and surface water funds with an annual maintenance cost of $2,090.00. • Approve the release of financial security in the amount of$102,820.00 for the Park Meadows Development. REGULAR AGENDA: Consider endorsing an Eagle Scout Veterans Memorial Park Project for VFW Park Project Assistant Carol Kriegler, requested the City Council endorse and accept donations for Kevin Schwarz' s proposal for an Eagle Scout Veterans Memorial project at the VFW Park. Scout Kevin Schwarz explained the memorial would be located at the site of the existing flag pole just outside the outfield fence in right-center field near Layton A venue and plans to have the dedication on November 11, 2008. The VFW will provide the care and maintenance of the US and POW flags. MOTION: Council Member Johnson moved to endorse the Veterans Memorial Eagle Scout project at the VFW Park and to accept donations for this project. Council Member Delapp seconded the motion. The motion passed unanimously. Hold a Drawing for Participants in the Sunfish Lake Park Deer Hunt Project Assistant Carol Kriegler requested City Council participation in a random drawing of 8 individuals and 2 alternates for the deer harvest in Sunfish Lake Park on November 8-9 and 15-16. The deer hunt is being held in conjunction with the Lake Elmo Park Reserve to help reduce the deer population in the City. All hunters are required to attend a DNR training session being held on November 5, 2008, at 7:00 p.m. 2 DRAFT Washington County Deputy Loperfido randomly drew the following names: Steve Forster, Larry Feldhahn, Mary Feldhahn, Pat Dean, John Meyer, Jerry LeMire, Michale Harrington, and Douglas Ouimet. Alternates are Dennis Oeltjen and Steve Flanagan. Resident Dave Sovereign, 4415 Olson Lake Rd, suggested for the next deer harvest that the city draw names for each weekend rather to allow for more hunting opportunities. Consider Improvements to the Community/ Fire Meeting Space in Fire Station # 1. Fire Chief Malmquist explained that fire station required some upgrades to be efficiently used for community meetings, elections and fire training. The station has had no major upgrades in the past l 5 years. The funding for this work is budgeted in the capital budget for 2009. Firefighters have volunteered to do the painting and assist with some of the improvement work. MOTION: Council Member Delapp moved to approve no more than $21,000.00 for improvements to the community/fire meeting space at Station # I out of the Capital Equipment Fund. Council Member Johnson seconded the motion. The motion passed unanimously. Terminate Existing Agreement on 9224 31st Street North and Approve New Agreement to Bring Property into Compliance with City Code Administrator Susan Hoyt requested the City Council consider approval of a new agreement for the property at 9224 31 st Street North to replace the existing agreement that was adopted in November 2006. The six-month agreement has set perimeters and conditions and the City will take action if conditions are not met. A project manager will be assigned to track this work with the owner Mrs. Hardy. Council members discussed the follow-up procedures to assure compliance to required housing conditions. MOTION: Council Member Park moved to approve the new agreement, as amended by clarificationsfi'om Council Member Delapp, between Linda and David Hardy, 9224 North 31'1 Street, to replace the existing agreement dated November 6, 2006. Council Member Johnson seconded the motion. The motion passed unanimously. Update on the Comprehensive Water System Plan. City Engineer Jack Griffin provided an overview of the Comprehensive Water System Plan. The top three priorities I) provide City water to the 55 homes near Inwood Avenue currently using contaminated well water, 2) add a third City well and 3) connect two existing water mains in northern Lake Elmo with a new line down Keats A venue. Providing City water connections to homes in Torre Pines, Cardinal Ridge, Cardinal View and Whistling Valley is also a priority. Griffin reported that municipal water 3 DRAFT projects being built due to polluted or contaminated water in an area may be eligible for state and federal funding. In addition, exploring opportunities to share. James Kelly, Minnesota Department of Health (MDH), answered questions regarding the PCF' s in the various area of the City. Jim Blackford, 9765 45th St. N., stated that all residents should be getting clean water now because their water supply was contaminated and that this should be the city's highest priority. The council asked questions and discussed the information. The council requested that the city proceed with plans for finalizing the water plan so that it can be implemented. The meeting was adjourned at I 0:02 p.m. Respectfully submitted by Carole Luczak, Recording Secretary 4 City Council Date: 10/21/2008 CONSENT Item: 2 ITEM: Approve disbursements in the amount of$325,581.28 SUBMITTED BY: Tom Bouthilet, Finance Director Claim# ACH ACH DD1852-DD1880 33282-33298 33300-33351 Amount $ 8,480.65 $ 1,282.47 $ 21,412.49 $ 17,719.46 $276,686.21 Total: $ 325,581.28 Description Payroll Taxes to IRS Payroll Taxes to Mn Dept. of Revenue Payroll Dated 10/09/2008 (Direct Deposit) Payroll Dated 10/09/2008 (Payroll & Benefits) Accounts Payable Dated 10/21/2008 SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the amount of$ 325,581.28 Accounts Payable Checks for Approval User: julie Printed: I 0116/2008 ~ 1:03 PM Check Number Check Date 33300 10/2112008 33300 10/21/2008 33301 10121/2008 33302 10/21/2008 33302 10121/2008 33303 10/21/2008 33303 I 012112008 33304 10/2112008 33305 10/21/2008 33305 10/2112008 33305 10/2112008 33305 10/2 li2008 33305 l012112008 33306 l012112008 Fund Name Water Water General Fund Capital Aquisitions General Fund General Fund General fund General Fund General Fund General Fund General Fund General fund General Fund General Fund AP-Checks for Approval ( l0i1612008 -I 03 PM) Account Name Vendor Name Amount UU!ity System Maintenance Ace Hardware 8.80 Utility System Maintenance Ace Hardware 51.60 Check Total: 60.40 Repairs/Main-t Contractual Bldg Airgas North Central 12.94 Check Total: 12.94 Other Equipment AMEE Central 4.984 20 Use Tax Payable AMEE Central -304.20 Check Total: 4,680.00 Radio ANCOM COMMUNICATIONS, INC !05.12 Use Tax Payable ANCOM COMMUNICATIONS, INC. -0.62 Check Total: 104.50 Contract Services Animal Control Services 376.92 Check Tota!: 376.92 Rcpairs/Maln1 Contractual Bldg Aramark 61.37 Uniforms Aramark 35.06 Uniforms Aramark 35.08 Repairs/Main{ Conlrachial Bldg Aramark 28.68 Unifonns Aramark 35.06 Check Total: 195.25 Equipment Parts Aspen Equipment Co. 78.60 Pag,e l Check Number Check Date Fund Name Ac·count Name Vendor Name Amount Check Total: 78h0 33307 I 0/2f /2008 General Fund Uniforms Aspen Mills, Inc. 23.43 33307 I 0/2[/2008 General Fund Uniforms Aspen Mills, Inc. 92.40 33307 I 0/21/2008 Genera I Pund Uniforms Aspen Mills, Inc. 34.99 33307 10/21/2008 General Fund Equipment Aspen MiHs, fnc. 169.45 Check Total: 320,27 33308 10/21/2008 General Fund Equipment Parts Batteries Pim; Woodbury 169.34 33308 10/21/2008 General Fund Equipment Parts Batteries Plus Woodbury 73.49 Check Total: 242.83 33309 10/21/2008 General Fund Rentals -Buildings BdTs lnc. 61.26 33309 10/21/2008 Genera! fund Rentals -Buildings Biff's Inc. 122.52 33309 10/21/2008 General Fund Rentals -Buildings Biffs Inc. 61.26 33309 10/21/2008 General Fund Rentals -l3uildings Giff~ fnc. 61.26 33309 10/21/2008 General Fund Rentals -Buildings Biffs Inc. 61.26 33309 10/Zl/2008 General Fund Rentals -Buildings Biffs l.nc. 61.26 333()9 10/21/2008 General fund Rentals -Buildings Bifrs Inc. 61.26 33309 10/21/2008 Genera! Fund Rentals -IJuildings Bifrs Inc. 61.26 33309 I. 0/2 !/2008 General Fund Rentals -8uildlngs Biffs Inc. 61.26 33309 10/21/2008 General fund Rentals -Buildings Bifrs Inc. 6126 Check: Total: 673.86 33)1() 10/21/2008 Water Rcpairs\Mnint lm_p Not J3!dgs Burber! Black Dirt. Inc_ 76.86 --- Check Tota!: 76.86 33311 10/21/2008 Development Fund Legal Services Campbell Knutson P.A. 210.00 Check Total: 210.00 3331.2 I 0/21/2008 General Fund MiscelL:meous City of Roseville 1.112.75 Check Tota!: 1.112.75 33313 I 0/21/2008 General Fund Tdcphone CP Telecom 442.68 33313 I 0121/2008 General Fund Tc!epbone CP Telecom 523.71 AP-Checks for Approval ( 10/16/2008 -I :03 PM) Page 2 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 966.39 33314 I 0/2112008 General Fund Building Repair Supplies Dad's Plumbing_ l,030,00 Check Total: 1,030,00 33315 l0/2112008 General Fund Conferences & Training Donald SaJvcrda & Associmcs 200,00 33315 I 0/21/2008 General Fund Conferences & Training Donald Sa!verda & A~sociarc:-34,03 33315 I 0121 /2008 General Fund Conferences & Training Donald Salvcrda & Associates 873,73 Check Tot.al: 1,107 76 33316 10/21./2008 General Pund Mi'.)cc:llaneous Hagbergs Country Market 127,04 33316 10/21/2008 Fall Festival Miscellaneous Hagbergs Country Market 14,20 33316 10/21/2008 Gcncrnl Fund Miscel!am:ous Hag.bergs Country Market 9,05 Check Total: 150,29 33317 10/21/2008 Water Repairs\Maint Imp Not B!dgs Hawkins, Inc_ 235,48 Check Total: 235,48 33318 10/21/2008 General Fund Assessing Services Kern Dc\Venter Viere 4,862,00 Check T oral: 4,862,00 33319 10/2112008 General Fund Travel Expense Kyle Klatt 19066 Check Total: 190,66 33320 10/21/2008 Escrow Fund Deposits Payable LaBelle Homes 1,000,00 Check Total: 1,000,00 33321 10/21/2008 General Fund Fuel, Oil and Fluids Lake Elmo Oil, lnc. 56,79 33321 10/21/2008 General Fund Fuel, Oil and fluids Lake Elmo Oil, Inc. 7001 33321 I 0/21/2008 General Fund Fuel, Oil and Fluids Lake Elmo Oil, Inc. 20,65 33321 10/21/2008 Genernl Fund Fuel, Oil and Fluids Lake Elmo OiL rnc. 64,79 33321 I0/21/2008 General Fund Fuel, Oil and Fluids Lake Elmo Oil, Inc. 59,01 33321 !0/21/2008 General fund Fuel, Oil and Fluids Lake Elmo Oil. Inc. 68,00 33321 10/21/2008 General Fund Fuel, Oil and Fluids Lake Elmo Oil, l.nc. 66,00 33321 10/21/2008 General Fund fuel. OH and Fluids Lake £Imo Oil, Inc. SLOO A I' • Checks for Approval ( I 0/ 16/2008 · I :03 PM ) Page 3 Check Number Check Date f'und Name Account Name Vendor Name Amount 33321 I 0/21/2008 General Fund Fuel, Oil and Fluids Lake Elmo OiL Inc. 60.01 33321 10/21/2008 General Fund Fuel, Oil and Fluids Lake Elmo Oil, Inc. I JO. IO 33321 10/21/2008 General Fund Fuel, Oil and Fluids Lake Elmo Oil~ Inc. 7.39 33321 10/2112008 General Fund Fu.el, Oil and Fluids Lake Elmo OiL Inc. 45,72 33321 10/21/2008 General Fund Fuel, Oil .ind Ftuids Lake Elmo Oil, lnc. 38.01 Check Tota!: 747.48 33322 10/21/2008 Genera! Fund Rcpair:-/Maint Contnictual Eqpt LOFFLER 206.38 33322 10/21/2008 Genera[ Fund Repa!rs/Maint Contractual Eqpt LOFFLER 915 33322 I 0/21/2008 General Fund RcpairsJMaint Contraclua! Eqpt LOFFLER 64.19 Check Total: 279.72 33323 10121/2008 General Fund Refuse Maroney's Sanitation, Jnc 103.09 33323 10/21/2008 General Fund Refuse Maroney's Sanitation, Inc 45.37 33323 10/21/2008 General Fund Refuse Maroney's Sanitation, [nc 197,77 33323 10/21/2008 General Fund Refuse Maroney's Sanitalion, Inc !03.09 Check Tot.aL: 449.32 33324 I 0/21/2008 General Fund Building Repair Supplies Mcnards -Oakdale I0.61 33324 10/21/2008 General Fund Use Tax Payable Menards • Oakdale -0.65 33324 10/21/2008 General Fund Rcpairs/Malnt. Conlractual Bldg Mcnards • Oakdatc 41 17 Check Total: 51.13 33325 I 0/2112008 Sewer Sewer Utilily ~ Met Counclf Metropolitan Council 1,081.72 Check Total: L08!.72 33326 I0/21./2008 General' fund Contract Services MFRA 2.474.70 33326 10121/2008 General Fund Engineer Serv Utility Permits MFRA 382.50 Check Tot,c1L 2,857.20 33327 10/21/W08 General Fund Conuact Services MJ\le-r Ex.cavating, lnc_ 765.00 Check Tota I: 765.00 33328 10/21/2008 Water Conferences & Training MN Rural Water Association 200,00 AP-Checks for Approval ( 10/16/2008 M l :03 PM) Page 4 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 200.00 33329 10/21/2008 Fall Festival Contract Services Muska Lighling 167.95 Check Total: 167.95 33330 10121/2008 General Fund Telephone Nextel Communications 128.85 33330 10/21/2008 General Fund Telephone Nextel Communications 193.86 33330 10/21/2008 General Fund Telepfmne-Nextel Communicaticms 63.86 33330 10/21/2008 General Fund Telephone Nextel Communications 109.34 33330 10/21/2008 General fund Telephone Nextel Communications 181.07 Check Total: 676.98 33331 10/21/2008 G.cncral fund Contract Services Gopher Stale One-Call One Call Concept 25625 Check Total: 256.25 33332 10/2 I /2008 General Fund Cable Operation Expense Steven Press 5888 Check Tota!: 58.88 33333 10/21/2008 General Fund Fuel, Oil and fluids River Country Cooperative 31.4.00 33333 I0/2!/2008 General Fund Repa.irs/Maint Contractual Eqpt River Country Cooperative 33.08 Check Tota!: 347.08 33334 10/21/2008 General Fund Cleaning-Supplief; Diane Rud 19.51 33334 10121/2008 General fund Rcpairs/Maint Contracrual l3ldg Diane Rud 240.00 33334 10121/2008 General Fund Repairs/Maint Contractual Bldg Diane Rud 240.00 Check Total: 499.51 33335 10/2112008 General Fund Office Supplies S&T Office Products, Inc. 211.47 33335 10/21/2008 General Fund Office Supplies S&T Office Products, Inc. 13.48 33335 10/21/2008 General Fund Office Supplies S&T Office ProducL'>, Inc. 64.48 33335 10/21/2008 General fund Office Supplies S&T Office Products, Inc. 209.90 Check Tmal; 499.3] 33336 10/21/2008 General Fund Miscellaneous Sam's Club 162.07 33336 10/21/2008 General Fund Office Supplies Sam's Club 53.08 AP -Checks for Approval ( l Oil 6/2008 -1 :03 PM ) Page 5 Check Number Check Date Fund Name Account Name Vendor Name Amount 33336 10/21/2008 Fall Festival Miscellaneous Sam's Club 863.22 33336 10i2\/2008 Genera! Fund Miscellaneous Sam's Club 57.18 33336 10/21/2008 General Fund Office Supplies Sam's Club 40.43 33336 I 012112008 General Fund Equipment Sam's Club 192.09 Check Total: 1.368.07 33337 10121/2008 Water Software Support Springbrook Software 1,500.00 33337 10/21/2008 Water Software Support Springbrook Softwnre 1.200.00 Check ·rota!: 2,700.00 33338 10/21/2008 Genera! Fund Equi pmcnt Parts St Joseph EquipmenL. inc, 96.48 Check Total: 96.48 33339 I 0/2l/2008 General Fund Fire Prevention Stephens Publishing Co. 890.77 33339 10/21/2008 General Fund Use Tax Payable S[cphcns Publishing Co. -54.37 Check Total: 83640 33340 I 012112008 General Fund Printed Forms SUN NEWSPAPERS 39.50 Check Total: 39.50 33)41 J0/2112008 General Fund Medical fnsurance SW/V./C Sc.:.rvicc Cooperatives 11.714.00 Check Tota!: 11.714.00 33342 10/21/2008 General fund Street Maintenance Mai-erir1\s T.A. SchilSk.y & Sons 490.25 33342 10/2112008 Water Repairs\Maint Imp Not Bldgs. T.A. Schifsky & Sons 5,770.00 Check Total: 6,260.25 33343 10/21/2008 General Fund Telephone TDS METROCOM -MN 161.04 33343 10121/2008 General Fund Telephone TDS METROCOM -MN 69.96 33343 10/21/2008 Sewer Telephone TDS METROCOM -MN 10129 33343 10/21/2008 Water Telephone TDS METROCOM -MN 67.09 Check Total: 401.38 33344 1012112008 Water Repairs\Maint r mp Not Bldgs ·relcmctry & Process Controls J.627.00 AP -Checks for Approval { ! 0/16/2{)08 -I :03 PM ) Page 6 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Tot1:1l: L6noo 33345 I 0/21/2008 Water Utility System Maintenance Twin City Water Clinic, (nc_ 6rno Check Total: 65.00 33346 10/21/2008 General Fund Clcan~up Days Veolia Environmental Services 4,494.20 Check Total: 4,494.20 33347 10/21/2008 General Fund Telephone Verizon Wireless 98.51 Check Total: 98.51 33348 !0/21/2008 Capital Aquisitions Ollice Equipment & FurniBhings VISA 259.54 33348 10/21/2008 Fall Festival Contract Services VISA 31419 33348 10/21/2008 Generaf Fund Conrercnces & Training VISA 300.00 33348 10/21/2008 General l'und Travel Expense VISA 357.12 Ch-eek Total: 1,230.85 33349 10/21/2008 Gencrnl. Fund Law-Enforcement Contract Washington County 210,1 IO.o9 Check Total: 210.110.09 33350 10/21/2008 General Fund Electric Uti.lity Xcel Energy 51.72 33350 10/21/2008 Sewer Electric Utility Xcel Energy 28.93 33350 10/21/2008 Genera! Fund Street Lighting Xcel Energy 62.95 33350 10121/2008 Gcn-ernl Fund Street Lighting Xcel Energy 0.12 33350 J0/2 l/2008 Generdl Fund Electric Utilily Xcel Energy 160.04 33350 10/21/2008 General Fund Electric Utility Xcel Energy 432.65 33350 10/21/2008 General Fund Street Lighting Xcel Energy 25,60 33350 10/21/2008 General Fund Electric Utility Xcel Energy 13.82 33350 \0/21/2008 General Fund Electric Utility Xcel Energy 44.05 33350 10/21/2008 General Fund Electric Utility Xcel Energy 30.18 33350 10/21/2008 Water Elcc1ric Utility Xcel Energy 2.328.28 33350 10/21/2008 General Fund Street Lighting Xcel Energy 36.93 33350 \0121/2008 General fund Electric Utility Xcel Energy 107.00 33350 10/21/2008 Sewer Electric Utility Xcel Energy l.5JQ 33350 I 0/2112008 Sewer Electric UtiUty Xcel Energy 14.03 33350 I ()/21 /2008 General Fund Electric Utiltty Xcel Energy 221.64 33350 10/21/2.008 Gcnerat Fund Electric Utilily Xcel Ene.rgy .33.31 AP· Checks fo, Apprnval ( 10/16/2008 -I c03 PM ) Page 7 Check Number Check Date Fund Name Account Name Vendor Name Amount 33350 J0/2112008 General Fund Street Lighting Xcel Energy 1.695.39 33350 10/21/2008 Gen.era! Fund Street Lighting Xcel Energy 27.27 33350 l0/21/2008 General Fund Electric Utility Xcel Energy 48.24 33350 I 0/21/2008 General Fund Electric UtifiLy Xcel Energy 448.06 33350 I 0/21/2008 Wal.er Electric Utility Xcel Energy 23.35 33350 10/21/2008 General Fund Street Lighting Xcel Energy 9.66 Check Total: 5,859.04 33351 I0/21/2008 Gcncrnl Fund Repairs/!\faint Contractual Bldg Yocum Oil Company, Inc. 160.13 Check Total: 160.13 Report Total: 273.686.2 I AP . Checks for Approval ( I 0!16/2008 -! :03 PM ) Page 8 ITEM: REQUESTED BY: SUBMITTED BY: REVIEWED BY: City Council Date: 10-21-08 REGULAR Item: 3 Resolution: 08-048 Motion Consider approval of a Conservation Easement to the Minnesota Land Trust for Sunfish Lake Park and authorize the Park Commission to develop a park concept plan for Area 2 of Sunfish Lake Park. Park Commission Carol Kriegler. Project Assistant Susan Hoyt, City Administrator Mike Bouthilet, Public Works and Parks Superintendent Jerry Filla, City Attorney Sarah Strommen, Minnesota Land Trust SUMMARY AND ACTION REQUESTED: The city council is being asked to 1) approve a Conservation Easement to the Minnesota Land Trust for Sunfish Lake Park including that expenditure of $10,000 to the Land Trust for this transaction; and 2) to direct the Park Commission to develop a park plan for Area 2. The adoption of a conservation easement for Sunfish Lake Park will fulfill one of the park commission's goals that it has strived to achieve over the past two plus years. Sunfish Lake Park is a 315 acre park of which 225 acres are in woodland, 20 acres are in open fields and 70 acres are under an MPCA easement associated with the landfill. The conservation easement covers the entire 256 acres. The park is used for hiking, horseback riding, cross-country skiing and nature observation. The intent of the conservation easement over Sunfish Lake Park is to ensure its permanency as a natural area to be enjoyed by citizens into perpetuity by preserving and protecting it through an easement to the Land Trust. The easement, if approved, will protect the park for conservation by confining the development, management and use of the property to activities that are consistent with preserving the property. Area 2 is a 20 acre or 6% of the total land area in the park that is currently used for agricultural purposes. The conservation easement notes that it may be used for educational, outdoor recreational and nature observations, but until a park plan details the future uses, the area will remain as it is. It is recommended that the Park Commission recommend a plan within a year after adoption of the easement so that the park plan is a proactive statement that clearly defines the future uses of Area 2 rather than having the park plan be done retroactively in response to a specific project that may or may not meet the intent of the Park Commission and City Council as it has developed this easement document. The Park Commission is reviewing the easement and request for the park plan at its October 20, 2008 meeting. BACKGROUND INFORMATION The city council gave the Park Commission the authority to explore the option of placing a conservation easement over Sunfish Lake Park on June 6, 2006. The Park Commission spent several meetings crafting a report and recommendation for the city council that identified future uses for the park. This report was approved by the city council and submitted to the Land Trust in January of 2008 as a guide from the city for how the city plans to use the park into the future. The Land Trust responded with a project report entitled "Proposed Rights and Restrictions for a Conservation Easement" that was presented by the Park Commission and approved by the city council on July 15, 2008. This document served as a resource for the development of the Conservation Easement document currently under consideration. The Conservation Easement addresses proposed future uses for two areas in Sunfish Lake Park. Area 3 is restricted by an MPCA easement and is not proposed to be covered by the Minnesota Land Trust easement. The three areas include: 1. Area 1 is approximately 225 acres or 71 % of the land area, which is mostly wooded and contains access to Sunfish Lake itself and three ponds, as well as an extensive system of dirt and woodchip trails 2. Area 2 is a predominantly open area in the southern part of the park consisting of approximately 20 acres or 6 % of the land area and is used for agricultural purposes. 3. Area 3 is approximately 70 acres or 22% of the land area and is controlled by an MPCA easement related to the Washington County landfill. Most of this area is not used for park but may return to park use in the future. ADDITIONAL INFORMATION 1. WHAT IS THE PURPOSE OF THE EASEMENT? 2. 3. The purpose of the conservation easement is to preserve and protect the property by limiting and confining the development, management and use of the property to activities that are consistent with defined Conservation Values for the property. To this end, the easement details specific restrictions on use of the property and the reserved rights. The terms of the Easement are specifically intended to provide a significant public benefit by • Providing an opportunity for the public to learn about, experience, and enjoy the out- of-doors in a significant and relatively undisturbed natural setting. • Protecting natural habitat that contributes to a larger complex of protected forest and wetlands that support a variety of wildlife and plants, both terrestrial and aquatic. • Protecting the water quality and near-shore aquatic habitat of Sunfish Lake by restricting development of the lakeshore of the Protected Property. WHAT ARE CONSERVATION VALUES? Conservation values are the qualities, characteristics and significant importance of the property. The natural, scenic and open space qualities of the property collectively comprise the "Conservation Values". These values are defined by the Minnesota Department of Natural Resources and the Metropolitan Corridors Partnership, a collaboration of public and private conservation entities. WHAT IS THE RESPONSIBILITY OF THE LAND TRUST in regard to the easement? The Land Trust is responsible for the conservation easement stewardship. Their responsibilities include regular monitoring; easement administration and record keeping; and enforcement when necessary. The Land Trust is not the enforcement agency for park rules, operations or variations in the use of the park unless it is deemed inconsistent with the easement. For example, the city, not the Land Trust, would be responsible for determining if a limit on the number or the size of horseback riding groups or if specific requirements related to trail clean up from horses would be required in the future. 4. WHAT IS THE RESPONSIBILITY OF THE CITY in regard to this easement? The City continues to own and manage the property consistent with the easement restrictions while allowing the Land Trust to monitor the easement. While the easements purpose is to preserve and protect the property by confining development and managing use, the city is responsible for adopting policies and ordinances that clarify or specific the use of the park. (See horseback example above).can choose to place additional restrictions on the property and retains the right to further manage the park through local ordinances, rules and laws as long as they don't conflict with terms of the easement. 5. WHY IS THE CREATION OF A PARK CONCEPT PLAN FOR AREA 2 BENEFICIAL FOR NOW AND THE FUTURE? The easement states that the city can choose to use and develop Area 2, or a portion of it, as an educational, outdoor recreational, and nature observation area. In addition, the terms of the easement are specifically intended to provide for the opportunity for the public to learn about, experience, and enjoy the out-of doors in a relatively undisturbed setting. Given this, the Land Trust recognizes the importance of striking a reasonable balance between preserving the natural setting of Area 2 and providing facilities, structures, and improvements that facilitate educational use and enhance enjoyment of the area before allowing for any changes to be made in Area 2 under the easement. For these reasons, The Minnesota Land Trust has suggested that the city develop a park concept plan to serve as a guide for the development of Area 2. The easement is not a substitute for a park plan as it does not provide any detail related to specific structures and improvements such as type, location, size, scale, density, use of materials, etc. II is the intent of the land Trust to providing the city with flexibility and responsibility in meeting the ever-changing outdoor recreation and education interests and needs of its citizenry while recognizing the overarching parameters and overall purpose of the easement. Developing a park concept plan for Area 2 as an independent exercise will provide the city with the opportunity to focus specifically on developing a plan for best meeting the educational, outdoor recreational, and nature observation needs of the community within Area 2 of Sunfish Lake Park. This exercise will also provide an opportunity to educate the public about the Sunfish Lake Park easement and park uses and to get public input for the Park Commission on how Area 2 might be used to serve the conservation principles while allowing for specific types of park development. The suggested timeline if for the Park Commission to develop a draft plan for the city council within a year from the adoption of the easement. The timeline is suggested so that the plan can be developed so that the plan is proactive and guides the future use of Area 2 rather than coming later and having the plan be reactive to a specific proposal for the site. 6. WHY DOES THIS REQUIRE$ 10,000 TO TRANSACT? The $10,000 easement transaction fee is used to cover the Land Trust's future costs for managing and enforcing the easement. The city's park fund has a balance of nearly $1,000,000 so the $10,000 cost can be covered through the park fund. This has been a planned expenditure for the past two years. Suggested motions for consideration: Motion 1: Move approval of the Resolution 08-048 approving a conservation easement with the Minnesota Land Trust for Sunfish Lake Park and the expenditure of $10,000 from the park fund to the Minnesota Land Trust for its execution. AND Motion 2: Move to direct the Park Commission to develop a park plan for Area 2 of Sunfish Lake Park to recommend to the City Council by November 1, 2009. ORDER OF BUSINESS o Introduction o Report o Questions to presenters (3 minutes) o Questions from public To council (3 minute max) o Call for a motion o Discussion (3 minutes) o Action Resolution And Motion ATTACHMENTS: Draft conservation easement Susan Hoyt, City Administrator Carol Kriegler, Project Assistant David Steele, Chair, Park Commission Sarah Strommen, Minnesota Land Trust Mayor and Council members Mayor facilitates Mayor and Council members Mayor and Council members City Council 2. Aerial Photography Map of easement area 3. Exhibit B: Property Map 4. Aerial Photography a Aerial photo of Area 1 and Area 2 b Aerial photo of Area 2 c Aerial photo of Area 1, Area 2 and Area 3 Draft 2 October 9, 2008 CONSERVATION EASEMENT This is a CONSERVATION EASEMENT granted by the City of Lake Elmo, a political subdivision under the laws of the State of Minnesota, (the "Owner") to the.Minnesota Land Trust, a non-profit corporation organized and existing under the laws of the State of Minnesota (the "Land Trust".) RECITALS: . . A. OWNER. The Owner is the current owner ofapproximately 256 acres of real property located in Washington County, Minnesota. That real property is.more fully described below as the "Protected Property." B. PROTECTED PROPERTY. The Protected Property is that real property legally described in Exhibit A and generally depicted on the "Property Map" in Exhibit B. Both exhibits are attached to this conservation easement and incorporated by this reference. The Protected Property, known to area residents as "Sunfish Lake Park," consists of approximately l 7J acres of rolling forest land that includes a number of hardwood tree species such as oak, maple, birch, and cherry. The Protected Property also consists of approximately 2 acres of woodland, 25 acresofgrassland, 20 acres of wetland, and 4 acres of open wa,te;<Pp11ds. Sunfish Lake, which is classified by the Minnesota Department of Natural Resources as a natu,ral environment lake, covers approximately 17 acres of the eastern poi;tion of the Protected Property. Approximately 15 acres of the site consists of cultivated fields currently planted in corn. · Two clustered residential developments with open space protected by conservation easements are located adjacent to the Protected Property, contributing to a larger expanse of open space. Sunfish Lake Park)s part of the Lake Elmo park system, but it has primarily been used as a passive park for activities such as walking, hiking and horseback riding. The Protected Property has an unimproved divided access road and parking area, barbeque grills, a portable toilet, and fencing. A power line traverses the western portion of the Protected Property. No other structures or improvements currently exist on the Protected Property. C. MINNESOTA LAND TRUST. The Minnesota Land Trust is a non-profit corporation organized and operated exclusively for charitable and educational purposes, including the preservation and protection of land in its natural, scenic or other open space condition. The Land Trust is a public charity as defined in Sections 50l(c)(3) and 509(a) of the Internal Revenue Code and an organization qualified to hold conservation easements under Minnesota law and Section l 70(h) of the Internal Revenue Code and related regulations. D. CONSERVATION VALUES. The Protected Property has the following natural, scenic and open space qualities of significant importance: • The Protected Property includes native upland aspen-oak and upland hardwood forests,which provide habitat for a variety of species in greatest conservation need as established by the Minnesota Department of Natural Resources in Tomorrow's Habitat.for the Wild and the Rare: An Action Plan for Minnesota's Wildlife, Comprehensive Wildlife Conservation Strategy, 2006. • The Protected Property also is a component of a regionally significant wildlife corridor and project focus area identified by the Minnesota Department of Natural Resources and the Metropolitan Consefvation Corridors Partnership, a collaboration of public and private conservation entities funded in part by MinnesotaLaws 2007, Chapter 30, Section 2, Subd.4(c). • The undeveloped shoreline along Sunfish Lake helps maintain the water quality and near-shore aquatic habitat of the lake. • The Protected Property provides important publicly ~ccessible open space containing scenic rolling hifl:S', ridges, and water that adds to the natural and scenic character of the City of.Lake Elmo. Collectively, these natural, scenic and open space qualities of the Protected Property comprise its "Conservation Values." These c'bnservation Values have not been and are not likely to be adversely affected to any su~stantial extent by the continued use,ofthe Protected Property as described above or as a11thorized below or by the use, maintenance, or construction of those structures and improvements that presently exisfon the Protected Property or that are authorized below. CONSERVATION POLICY. Preservation of the Protected Property will further those governmental policies established by the following: • Minnesota,Laws 2007, Chapter 30, Section 2, Subd. 4(c), which provides funding to accelerate programs for the purposes of planning, improving and protecting important natural areas in the metropolitan region and portions of the surrounding counties. • Minnesota Statutes Chapter 103A, which promotes protection of Minnesota's waters and their adjacent lands and Minnesota Statutes Section I 03A.206 in particular, which recognizes the economic and environmental importance of maintaining and enhancing the soil and water resources of this state and role of private lands in these conservation efforts. 2 • Minnesota Statutes Section 103A.201, which specifically promotes the protection of wetlands and Minnesota Statutes Section I 03A.202, which specifically declares that it is in the public interest to preserve the wetlands of this state to conserve surface waters, maintain and improve water quality, preserve wildlife habitat, reduce runoff, provide for floodwater retention, reduce stream sedimentation, contribute to improved subsurface moisture, and enhance the natural beauty of the landscape. • Minnesota Statutes Chapter 84C, which recognizes the importance of private conservation efforts by authorizing conservation easements forthe protection of natural, scenic, or open space values ofreal property, assuring its availability for agriculture, forest, recreational, or open space use, protecting natural resources, and maintaining or enhancing air or water quality. • It is the goal of The City of Lake Elmo to mairttainthe rural character and open spaces of the City by preserving woodlands, wetlands, and other significant natural features. E. CONSERV A TJON INTENT. The Owner and the Land Trust are committed to protecting and preserving the Conservation Vaitjes of the Protected Property in perpetuity. Accordingly, it is their intent to create aqd implement a conservation.easement that is binding upon the current Owner and all future owners of the Protected Prop~rty and that conveys to the Land Trust the right to protect and preserve the Conservation Values of the Protected Property for the benefit of this generation and generations tox;ome. CONVEYANCE OF CONSERVATION EASEMENT: Pursuant to the laws of the State of Minnesota, an.d'in particular Minnesota Statutes Chapter 84C, and in consideration of the facts recited above and the mutual covenants contained herein and as an absolute and unconditional gift, the Owner hereby conveys and warrants to the Land Trust and its•'successors and assigns a perpetuakconservation easement over the Protected Property. This conservation easement consists gfthe following rights, terms, and restrictions (the "Easement"): I. CONSERVATION PURPOSE. The purpose of this Easement is to preserve and protect in perpetuity the Conservation Values of the Protected Property identified above by confining the development, management and use of the Protected Property to activities that are consistent with the preservation of these Conservation Values, by prohibiting activities that significantly impair or interfere with these Conservation Values, and by providing for remedies in the event of any violation of this Easement. 3 The terms of this Easement are specifically intended to provide a significant public benefit by: • Providing an opportunity for the public to learn about, experience, and enjoy the out- of-doors in a significant and relatively undisturbed natural setting. • Protecting natural habitat that contributes to a larger complex of protected forest and wetlands that support a variety of wildlife and plants, both terrestrial and aquatic. • Protecting the water quality and near-shore aquatic habitat of Sunfish Lake by restricting development of the lakeshore of the Protected Property. 2. LAND USE RESTRICTIONS. Any activity on or use of the Protected Property that is inconsistent with the purposes of this Easementjs prohibitefl. This prohibition specifically includes any intrusion or future development that would interfere with the essential scenic quality of the Protected Property or the visual enjoyment of the open and natural character of the:Protected Property by the general public. Except as specifically permitted in section 3 below and without limiting the general prohibition above, restrictions imposed upon the Protected Property expressly include the following: 2.1. Industrial and Commercial Activity. No industrial or commercial use of the Protected Property i~; allowed except for that agricultural use, forest or habitat management, or minimafcommercial recreational use specifically permitted in section 3 below. 2.2. Agricultural Use. No agriculturaf:use of the Protected Property is allowed except as specifically permitted in section 3 below. 23. Residential Development. No'tesidential use or development of the Protected Property is allowed, 2.4. Right of Way. No right of way shall be granted across the Protected Property in conjunction with any industrial, commercial, or residential use or development of other land not ptbtected by this Easement without the prior approval of the Land Trust. 2.5. Division of the Protected Property. The Protected Property may not be divided, subdivided, or partitioned. The Protected Property may be conveyed only in its entirety as a single parcel under single ownership (joint or undivided) regardless of whether it now consists of separate parcels, was acquired as separate parcels, or is treated as separate parcels for property tax or other purposes. This provision does not, however, prohibit: 4 • The division of the Protected Property when a portion of the Protected Property is being conveyed to a conservation organization defined in section 7.1 below. • The correction or adjustment of boundary lines to resolve an ownership dispute. 2.6. Development Rights. No portion of the Protected Property may be used to satisfy land area requirements for other property not subject to this Ea~ement for purposes of calculating building density, lot coverage, open space, or Jiatunil•resource use or extraction under otherwise applicable laws, regulations, or ordinances controlling land use. The development rights that have been encumbered _or extinguished by this Easement may not be transferred to any other property or used to obtain any regulatory mitigation credits. 2.7. Structures and Improvements. No temll~rnry or permanent buildings, structures, utilities, roads or other improvements bf any kind may be placed or constructed on the Protected Property except as specifically authorized in section 3 or as set forth below: a. Utilities. Utility systems and facilities may be installed, maintained, repaired, extended, and replaced to serve on\y uses and activities Specifically permitted by this Easement. Permitted JJ.tjjJJy systems and faciliti'es include, without limitation, all systems and facilities frecessary to provide on-site power, fuel, water, waste disposal, and communication but do not include communication towers, wind turbines, or similar structures without the prior approval of the Land Trust. J?:~nnitted utility systems and facifiiies shall be installed or constructed with minimal grading an\l disturbance to vegetation. Following installation or construction, the surface shall be restored in a timely manner to a condition consistent with the purposes of this Easement. b. Signs. No billboards or other signs may be placed or erected on the Protected Property except for small signs for informational or interpretive purposes. Additionally, the Owner may also construct and maintain a park entry monument or sign as permitted in section 3.5 below. With the Owner's permission, the Land Trust may place signs on the Protected Property identifying the land as protected. c. Roads and Parking Areas. The existing park access road and parking area may be maintained and improved but may not be widened, enlarged, or relocated without the prior written approval of the Land Trust. No other roads or paved areas may be established or constructed on the Protected Property without the prior written approval of the Land Trust. 5 d. Trails. Unpaved paths or foot trails, including necessary footbridges and boardwalks, may be established and maintained for non-motorized recreational uses. Paved trails may be established and maintained only within Area 2 of the Protected Property. Paved trails may be allowed in other areas of the Protected Property only as necessary to meet requirements of the American with Disabilities Act and only with advance written approval from the Land Trust. Trails shall be established, maintained and used in a manner that does not result in significant erosion or have an adverse impact on the natural and scenic quality of the Protected Property. e. Fences. Fences may be constructed, maintained, iniproved, replaced or removed to mark boundaries, to secure the Protected Prqperty, or as needed in carrying out activities permitted by this Easement. · f. Outdoor Lighting. In order to minimize sky glow or light pollution originating from the Protected Property, no pennanent outdoor lighting is permitted.within Area I of the Protected Property. Xi1y outdoor light fixtures within Area 2 must minimize light emitted above the plane of the horiz011 of the fixture through the use of earthward directed or full cut-off fixtures or lamps with single or minimal- color light sources, or oth~r equally effective fixtures designed to minimize light pollution. 2.8. Dumping. No trash, non-compostable ga~bage, debris, unserviceable vehicles or equipment, junk, other unsightly materia.For hazardous or toxic substances may be dumped or accumulated on the Protected Property. This does not prohibit burning or composting of excess brush or other pll;ll1t material resulting from activities permitted by this e.asement. 2.9. Mining. No mining, drilling, exploring,for, or removing any minerals, sand, gravel, ro_ck, or fossil fuels from the Protected Property is allowed. 2. 1.0. Topography and Surface Alteration. No alteration or change in the topography or the surface of the Protected Property is allowed. This includes no ditching, draining or filling and no excavation or removal of soil or other material, except as incidental to activities or uses specifically permitted by this Easement. Any permitted a,Jferation shall be undertaken with minimal grading and disturbance to vegetation andiiwith the surface restored in a timely manner to a condition consistent with the purposes of this Easement. 2.11. Water. No alteration or manipulation of natural watercourses, lakes, shorelines, wetlands or other surface or subsurface bodies of water or creation of new wetlands or water bodies is allowed except to restore or enhance wildlife habitat or native biological communities or to improve or enhance the function and quality of existing wetlands or water bodies. Any alteration or creation of wetlands or water bodies must be undertaken in accordance with a habitat management plan approved by the Land Trust under section 3 below. 6 No activities on or uses of the Protected Property that cause significant erosion or are seriously detrimental to water quality or purity are allowed. 2.12. Vegetation Management. No removal, cutting, pruning, trimming or mowing of any trees or other vegetation, living or dead, and no introduction of non-native species is allowed except as follows: a. In conjunction with agricultural use and forest or habitat management as specifically permitted in section 3 below. b. As reasonably required to construct and maintain permitted buildings, structures, roads, trails and other permitted improvements and provided that vegetation shall be restored by the Owner following any consfrllction to a condition consistent with the purpose of this Easement. c. As reasonably required to prevent 01: .. control insects, noxious weeds, invasive vegetation, disease, fire, personal injury, or property damage. d. Landscaping in areas immediately adjacent to permitted buildings, within the divided entry road con-idqf, or as specifically a,uthorized in section 3 below. 2.13. Vehicles. Motorized vehicles may not be used on the Protected Property except on roads or parking areas permitted under this Easement or.in conjunction with construction and maintenance of permitted buildings, structures, roads, trails, or other improvements, forest or habitat manag~lnent, or agricultural use. Use of motorized vehicles shall not result in significant erosion or have an adverse impact on the natural ~!ii scenic quality of the Protected Property. 3. RESERVED RIGHTS. The Owner retains all rights associated with ownership and use of the Protetted Property that are not expressly restricted or prohibited by this Easement. The Owner may not, however, exercise thes.e rights in a manner that would adversely impact the Gonservation Values of the Protected Property. Additionally, the Owner must give notice to the Land Trust before exercising any reserved right that might have an adverse impact on the Conservation Values of the Protected Property. Without limiting the ge1?,erality of the above, the following rights are expressly reserved and the Owner may use and''allow others to use the Protected Property as follows: 3 .1. Right to Convey. The Owner may sell, give, lease, bequeath, devise, mortgage or otherwise encumber or convey the Protected Property. This right to convey the Protected Property is subject to the following: a. Any conveyance or encumbrance of the Protected Property is subject to this Easement. b. The Owner will reference or insert the terms of this Easement in any deed or other document by which the Owner conveys title to the Protected Property. The 7 3.2. 3.3. 3.4. 3.5. Owner will also specify to what extent reserved rights have been exercised, if at all, and are no longer available for use by the new owner and which reserved rights are specifically allocated to the property being conveyed in accordance with other provisions of this Easement. c. The Owner will notify the Land Trust of any conveyance within fifteen (15) days after closing and will provide the Land Trust with the name and address of the new owner and a copy of the deed transferring title. d. If the Protected Property is owned by a trust, business entity or any common or jointly held ownership, tbe Owner shall designate a representative authorized to receive notice on behalf of the owner and provide the Land Trust with the name and address of the designated representative. The Owner shall notify the Land Trust of any change in the designated represer)!ative and provide the Land Trust with the new name, address and other contact itiformation. The enforceability or validity of this Eafement will not be impaired or limi'ted by any failure of the Owner to comply with this section 3.1. Agricultural Use. AgriculturaJ use of the Protected Property is limited to only that area designated as Cultivated Land on the Property Map attached as Exhibit B. If this area is restored to forest or grassland, then no further agricultural use is permitted. Fore st and Habitat Management. The Pr9,tected Property may be used to create, maintain, restore, Or enhance habitat fofwildlife and native biological communities in accordance with a restoration or habitat management plan approved in writing by the Land Tn:g,t: The Owner may remove timber and other wood products and otherwise manage the vegetation on the Protected Property in accordance with this approved plan. Recreational and Educational Uses. The Protected Property may be used for hiking, cross-country skiing, horsebackriding, nature observation or study, and other non- intensive recreational and ec!ucational programs or activities that have no more than minimal impact on the Co11servation Values of the Protected Property. The Protected Property may not be used for more than minimal commercial recreational purposes. Recreational and Educational Structures. Minor rustic structures such as tents, trail barriers, boardwalks, overlook decks, footbridges, benches, birdhouses, and informational kiosks may be placed within Areas l and 2 of the Protected Property in conjunction with permitted recreational and educational activities. Additionally, the Owner may choose to use and develop Area 2 of the Protected Property, or a portion of it, as an educational, outdoor recreational, nature observation, or interpretive center. Such use must be consistent with and must not interfere with the Conservation Values and purposes of this Easement. The size, location, and characteristics of the buildings and structures, as well as all necessary 8 utilities, driveways, parking areas, and all other improvements associated with the facility or the uses described in this section must be in accordance with a park concept plan developed by the Owner and approved in writing by the Land Trust. All buildings, structures and improvements must be designed and constructed so as not to detract from the natural and scenic character of the Protected Property. Review and written approval of architectural plans by the Land Trust is required prior to commencing construction. The Owner will request and obtain approvals and give the Lrmd Trust notices as set out in section 7.7 of this Easement before beginning any ~&nstn.tction permitted under this section. 4. LAND TRUST'S RIGHTS AND REMEDIES. In or\fe1)to accomplish the purposes of this Easement to preserve and protect the Conservation Value~ofthe Protected Property, the Land Trust has the following rights and remedies: 4.1. Right to Enter. The Land Trust has the right to enter the Protected Property at reasonable times and in a reasonable manner for the following purposes: a. To inspect the Protected ~foperty and to monitor compliance with the terms of this Easement. b. To obtain evidence for use in seeking judicial or other enforcement of this Easement. c. To sucyey or otherwise mark the boundaries of all or part of the Protected Prop6rty if necessary to determine whether there has been or may be a violation of this Easement. Any survey completed under this provision will be at the Owner's ,~'J\,pense. d. To otherwise exercise its rights under this Easement. 4.2. Right of Enforcement. The Land Trust has the right to prevent or remedy violations of this Easement, including prohibiting the construction of buildings or improvements, through appropriate judicial action brought in any court of competent jurisdiction against the Owner or other responsible party. a. Notice. , The Land Trust may not initiate judicial action until the Owner has been given n&tice of the violation, or threatened violation, of this Easement and a reasonable opportunity to correct the situation. This provision shall not apply if, in the sole discretion of the Land Trust, immediate judicial action is necessary to prevent or mitigate significant damage to the Conservation Values of the Protected Property or ifreasonable, good faith efforts to notify the Owner are unsuccessful. b. Remedies. In enforcing this Easement, the Land Trust has the right to: 9 • Temporary or pennanent injunctive relief for any violation or threatened violation of this Easement. • Require restoration of the Protected Property to its condition at the time of this conveyance or as otherwise necessitated by a violation of this Easement. • Specific performance or declaratory relief. • Recover damages resulting from a violation of thisEa~s;~ent or injury to any Conservation Values associated with the ProtectedPropfrty. These remedies are cumulative and are availabl_e without requiring the Land Trust to prove actual damage to the Conservation Values of the Protected Property. The Land Trust and the Owner agree thafthe d~mages created by a violation of this Easement may be determined by calculatingthe cost of acquiring a conservation easement over similaf'property. The Land Trust and the Owner also recognize that restoration, regardless of cost, m<\y be'the only adeqnate remedy for certain violations of this Easement. The Land Trust is entitled'to seek expedited relief, ex parte if necessary, and shall not be required to post any bond applicable to a petitio1i:'Ior such relief. c. Costs of Enforcement. The Owner shall be responsible for all reasonable costs incurred by t~i) Land Trust in enforting this Easement, including without limitation costs of suit, attorneys' fees, and expenses related to restoration of the Prote,/;lted Property. If, however, the Owner ultimately prevails in a judicial enforcement action, each paiiy shall befesponsible for its own costs and attorneys' fees. d. Discretionary Enforcement. Enforcement of the terms of this Easement is solely at the discretion of the Land Trust. The Land Trust does not waive or forfeit the right to take any action necessary to assure compliance with the terms of this Easement by any delay or prior failure of the Land Trust in discovering a violation or initiating enforcement proceedings. The Land Trust shall not be barred by any applicable statute of limitations in bringing any action to enforce the term of this Easement. e. Acts Beyond Owner's Control. The Land Trust may not bring an action against the Owner for any change to the Protected Property resulting from: • causes beyond the Owner's control such as changes caused by fire, flood, storm, natural deterioration or the unauthorized acts of third parties, or • reasonable actions taken in good faith under emergency conditions to prevent or mitigate damage resulting from such causes. 10 Actions by the Owner's lessees, agents, employees or contractors are not considered unauthorized acts of third parties. This section does not preclude the Owner or the Land Trust from recovering damages or bringing an action against any third party for trespass or other violation of their respective rights in this Easement or in the Protected Property. f. Right to Report. In addition to other remedies, the Land Trust has the right to report any environmental concerns or conditions or any actual or potential violations of any environmental laws to appropriate regulatory agencies. g. Enforcement Rights of Others. Nothing in this Easement is intended to create any right to enforce this Easement in any third party where no such right otherwise exists under this Easement or under law. 4.3. Limitation on Rights. Nothing in this E.asement giv7s the Land Trust the right or responsibility to exercise physical contfol over day-to-day operations on the Protected Property or to become involved in management decisions involving the use or disposal of hazardous substances or to otherwise become an operator of the Protected Property within the meaning ·qf the Comprehensive Environmental Response, Compensation and Liability Act, the Minnesota Environmental Response and Liability Act, or other similar successor federal, state or lo¢al statutes or laws regarding responsibility for environmental conditions a~sociated with contamination. 5. PUBLIC ACCESS. N~ihing in this Easement gives the general public a right to enter upon or use the Protect,ep Prope1iy where no such right existed prior to the conveyance of this Easement. 6. DOCUMENTATION. The current uses of the Protected Property, the state of any existing improvements, and the specific Conseryation Values of the Protected Property that are brrefly described in this Easement wiffbe more fully described in a property report on file at the office of the Land Trust. The Owner and the Land Trust acknowledge that this property report will accurately represent the condition of the Protected Property at the time of this conveyance and may be used by the Land Trust in monitoring future uses of the Protected Property, in documenting compliance with the terms of this Easement and in any enforcement proceeding: This property report, however, is not intended to preclude the use of other informatiop and evidence to document the present condition of the Protected Property in the event of a future controversy. 7. GENERAL PROVISIONS. 7.1. Assignment. This Easement may be assigned or transferred by the Land Trust only to a conservation organization defined as a qualified organization under Section l 70(h) of the Internal Revenue Code and related regulations and as an authorized 11 conservation easement holder under Minnesota law. Any future holder of this Easement shall have all of the rights conveyed to the Land Trust by this Easement. As a condition of any assignment or transfer, the Land Trust will require any future holder of this Easement to continue to carry out the purpose of this Easement in perpetuity. The Land Trust will notify the Owner of any assignment within thirty (30) days of the assignment and will provide the Owner with the name and address of the new holder. 7 .2. Amendment. Under appropriate circumstances, this Easement may be modified or amended. However, no amendment or modification will be allowed if, in the sole and exclusive judgment of the Land Trust any of the following apply: • The amendment does not further the pmpl'i;es of this Easement. • The amendment will adversely im:rr~~t the Conse'rvation Values of the Prntected Property. • The amendment affects th~ perpetual duration of this Easement. • The amendment affects the validity of this Easement under Minnesota law or the status of the Land Trust under Sections 501(c)(3) and 170(h) of the Internal Revenue Code. ··· Any amendmeht or modification must be in writing and recorded in the same manner as this E<t~~ment. 7.3. Termination. This Easement may be terminated or extinguished only as follows: •" ''the Owner and the Land Trust recognize that circumstances may arise that make continued use of the Protecred Property in a manner consistent with the purpose of this Easement impossible or impractical. In this event, this Easement may be extinguished through judicial proceedings. • This Easement may be extinguished pursuant to the proper exercise of the power of eminent do:tnain. 7.4. Proceeds. Following any extinguishment or termination of this Easement in whole or in part, the'Land Trust shall be entitled to a portion of the proceeds from any sale, exchange or involuntary conversion of the Protected Property. The Land Trust's share of the proceeds shall be an amount equal to the fair market value of this Easement at the time of the extinguishment but not less than an amount equal to the proportionate value that this Easement bears to the value of the Protected Property as a whole at the time of this conveyance ( excluding the value of any permitted improvements made after the conveyance of this Easement.) 12 7.5. The value of this Easement shall be calculated by the method required by the Internal Revenue Service for calculating an income tax deduction for the charitable donation of a conservation easement. The Land Trust will use its share of any proceeds in a manner consistent with the pnrpose of this Easement. Warranties. The current Owner represents and warrants as follows: a. The Owner is the sole owner of the Protected Property J~ fee. simple and has the right and ability to convey this Easement to the Land Trust. b. The Protected Property is free and clear of all tights, restrictions and encumbrances other than those subordinated to this Easement or otherwise specifically agreed to by the Land Trust. c. The Owner has no actual knowleqglofany use ilr release ofhazardO\.ISWaste or toxic substances on the Protected Property that is in vfolation of a federal, state, or local environmental law and will defend, indemnify and hold the Land Trust harmless against any claiws of contamination from such substances. 7.6. Ownership Responsibilities, Costs and Liabilities. The Ow!)er retains all respo!lsibilities and shall bear all costs and liabilities of any kind related to the use, ownership, and maintenance of the Protected Property, a. Taxes. Thi¥0wner shall pay all real estate taxes and assessments levied against the Prgtected Property, including any levied against the interest of the Land Trust createcl by this Easement. The Land Trust may, at its discretion, pay any outstanding taxes or assessments and shall then be entitled to reimbursement from the Owner. b. Regulatory Compliance. All activities or construction permitted by this Easement shall be undertaken in accordance with applicable federal, state and local laws, regulations and ordinances and nothing in this Easement shall be construed to exempt the Protected Property or the Owner from otherwise applicable laws or regulations. y The Ownet"i' solely responsible for obtaining any required governmental permits. c. Indemnity. The Owner shall defend, indemnify, and hold the Land Trust harmless from any and all costs or liability for any loss, damage, or personal injnry occurring on or related to the Protected Property or the existence of this Easement, except to the extent attributable to the negligence of the Land Trust. d. Insurance. The Owner will name the Land Trust as an additional insured on any general liability insurance policy carried by the Owner with respect to the Protected Property. 13 7.7. e. Future Enviromnental Condition. The Owner is solely responsible for Owner's use or release on the Protected Property of any hazardous or toxic substances as defined by the Comprehensive Enviromnental Response, Compensation and Liability Act, the Minnesota Environmental Response and Liability Act, or other similar successor federal, state or local law or regulation regarding responsibility for enviromnental conditions associated with contamination. The Owner shall take all steps necessary to assure any needed contaimnent or remediation resulting from any release of such substance. Notice and Approval. Any notice or request for approval required by this Easement must be in writing and is subject to the following: a. Delivery. Any required notice or request for approval must be delivered personally or sent by first class mail or ot):!er !llltionally recognized delivery service to the appropriate party at the following addresses ( or other address specified in writing): To the Owner: City of Lal,e Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 To the Land Trust: Minnesota Land Trust 2356 Univer~hy Avenue West St. Paul, MN 55114 b. Timing. Unless otherwise specifiedin this Easement, any required notice or request for approval must be delivered at least 30 days prior to the date proposed for initiating the activity in question. c. Content. The notice or request for approval must include sufficient information to allow the Trust to make an informed decision on whether any proposed activity is consistent with the terms and purposes of this Easement. At a minimum, this should include: • The loc<J'tfon, nature, and scope of the proposed activity. • The'proposed use, design, and location of any building, structure or improvement. • The potential impact on the Conservation Values of the Protected Property. d. Approval. The Land Trust may withhold its approval if it determines that the proposal is inconsistent with the terms or purposes of this Easement or lacks sufficient information to allow the Land Trust to reach an informed decision. The Land Trust may condition its approval on the Owner's acceptance of 14 modifications, which would, in the Land Trust's judgment, make the proposed activity consistent with the Easement or otherwise meet any concerns. Approval of the Land Trust must be in writing to be effective. 7.8. Binding Effect. This Easement creates a property right immediately vested in the Land Trust and its successors and assigns that caimot be terminated or extinguished except as set out herein. This Easement shall run with and burden the Protected Propertyin perpetuity. The terms of this Easement are binding and enforceable against the current Owner of the Protected Property, all successors in title to the Prntected Prope1iy and all other parties entitled to possess or use the Protected Property. lf at any time the Land Trust or other holder of this0Easement becomes the owner of all or a portion of the fee interest in the Protected Pi;operty, this Easement shall not be deemed to merge with the underlying.ff~ interest but shall remain in force and effect unless otherwise terminated or extinguished as set out herein. 7.9. Definitions. Unless the context requires otherwise, the term "Owner" includes, jointly and severally, the current owner or owners of the Protected Property identified above and their personal representatives, heirs, successors and assigns in title to the Protected Property. The term "Land Trust" includes the. Minnesota Land Trust and its successors or assigns to its interest in this Easement. 7.10. Termination of Rights and Obligations. A party's rights and obligations under this EasementJerminate upon the transfer or termination of that party's interest in this Easemerit or the Protected Property, provided, however, that any liability for acts or omissions occurring prior to the transfer or termination will survive that transfer or termination. 7.1.1. Recording. The Land Trust will record this Easement in a timely manner in the official records for the county in which the Protected Property is located. The Land Trust may re-record this Easement or any other documents necessary to protect its rights under this Easement or to assure the perpetual enforceability of this Easement. 7.12. Interpretation. H1is Easement shall be interpreted as follows. a. Controlling Law and Construction. This Easement shall be governed by the laws of the State of Mi1mesota and construed to resolve any ambiguities or questions of validity of specific provisions in favor of giving maximum effect to its conservation purposes and to the policies and purposes of Minnesota Statutes Chapter 84C. b. Severability. A determination that any provision or specific application of this Easement is invalid shall not affect the validity of the remaining provisions or any future application. 15 c. Captions. Captions have been inserted in this document solely for convenience of reference and shall have no effect upon interpretation or construction. d. Future Economic Condition. In conveying this Easement, the Owner has considered the possibility that uses of the Protected Property prohibited by this Easement may in the future become more economically valuable than uses permitted by this Easement and that neighboring properties maybe put entirely to such prohibited uses. Such changes alone are not deemed to be circumstances justifying the extinguishment of this Easement as otherwis~, set forth above. 7.13. Additional Documents. The Owner agrees to execute or provide any additional documents reasonably needed by the Land Trust tq,carry out in perpetuity the provisions and the intent of this Easement, including, but not limited to any documents needed to correct any legal descriptiort.or title matter or to comply with any federal, state, or local law, rule or regulrttion. 7.14. Entire Agreement. This document sets''rorth the entire agreement of the parties with respect this Easement and supersedes all prior discl.ls'sions or understandings. The remainder of this page Has beel'l int,;fitionally left blank 16 IN WITNESS WHEREOF, the Owner has voluntarily executed this Conservation Easement on the ____ day of _________ , 2008. State of MINNESOTA County of _______ _ ) ) ss ) OWNER: CITY OF LAKE ELMO By: ----~-------- Mayor By: City Administrator The foregoing instrument was acknowledged befo,ie"me this __ day of _____ , 2008, by Dean Johnston and SusanHoyt, the Mayor and the City Administrator, respectively, of the City of Lake Elmo, a munj~ipal corporation in the State of Minnesota, on behalf of the City. Notary Public My Commission Expires: 17 ACCEPTANCE The MINNESOTA LAND TRUST hereby accepts the foregoing Conservation Easement this __ day of _______ , 2008. State of MINNESOTA County of _______ _ ) ) ss ) MINNESOTA LAND TRUST By:------------ Title: ------------- The foregoing instrument•·was acknowledged before me this __ day of _______ _ 2008, by Jane Prohask,a, the President of the Minnesota Land Trust, a non-profit corporation under the laws of the'State of Minnesota, on behalf of said corporation. This document drafted. by: Minnesota Land Trust 2356 University Avenue West St. Paul, MN 55114 Notary Public My Commission Expires: 18 Exhibit A Legal Description of the Protected Property 19 Aerial Photography <;o~l'l-"o1 oflR/;fJ,~ Sfl7'1M m7.<M Site: Sunfish Park -Tract: City of Lake Elmo Washington Countv -Twp. 29 N Rng. 21 W Sec. 10, 14 & 15 _gii_,.~ Legend N Protected Property 4 ~~tP. Sectloli' tines: ' Scale: 1" = 1.000· ·~}, lOOO 500 0 ' lOOO Feet • •• Lcj?Cntl ..... Protescted Property ~. -~ $ection Lines ''''""'""'~ Area Boundary Une • Buildings ~=== Driveways :::ind Mint>r Rt>ads ~ Rosds 10ftContours [NI Parking A tea Cultivl'lted Land Grasslands Water Ma£_ CrMtedc Octol>N 8, 2()08 Exhibit B Site: Sunfish Park • Trad: City of Lake Elmo Washington County~ Twp. 29 N Rng. 21 W Sec. 10, 14 & 15 MINNl",SOTA LAND'TIH/ST 800 Stale: 1"'="'800' 400 0 ' w.Jt,.1,, -~7· ' 800 F&et RESOLUTION NO. 2008-048 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A CONSERVATION EASEMENT GRANTED BY THE CITY OF LAKE ELMO TO THE MINNESOTA LAND TRUST WHEREAS, Sunfish Lake Park is a 315 acre park with natural, scenic and open space qualities of significant importance; and WHEREAS, the park provides important habitat for a variety of wildlife species, both terrestrial and aquatic, in conservation need; and WHEREAS, the park is a component of a regionally significant con-idor and project focus area as identified by the Minnesota Department of Natural Resources and the Metropolitan Conservation Corridors Partnership; and WHEREAS, the property provides important publicly accessible open space to learn about, experience, and enjoy the out-of-doors in a significant and relatively undisturbed natural setting: NOW THEREFORE, BE IT RESOLVED, that the City Council of Lake Elmo hereby approves the conveyance of a conservation easement for Sunfish Lake Park to the Minnesota Land Trust. ADOPTED, by the Lake Elmo City Council this 21 st day of October, 2008. Dean Johnston, Mayor ATTEST: Susan Hoyt, City Administrator In Favor: Against: