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4646 Dakota Street SE
`t'INwFso~~' Prior Lake. MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 17, 2010
AGENDA #: 10B
PREPARED BY: Frank Boyles, City Manager
AGENDA ITEM: Consider Approval of a Resolution Authorizing the Expenditure of up to
$60,000 to be Reimbursed by Jeffers Foundation for the Purchase and
Installation of a Kiosk, Shelter and Trail in the Jeffers Pond Park
DISCUSSION: Introduction
The purpose of this agenda item is to request Council consideration of
completion of improvements to Jeffers Pond Park and release of an
escrowed security upon completion of the work.
History
The City entered into a development agreement with Wensmann Realty for
the development of Jeffers Waterfront on the 325-acre Bob Jeffers Parcel.
As part of the proposal for this subdivision, a site was sold by Jeffers
Foundation to ISD 719 as the location for a new elementary school. Within
that agreement are provisions which call for Jeffers Foundation to set aside a
$500,000 security for the City to construct a nature center on land dedicated
to the City for park purposes next to the elementary school. The security
could only be used for a nature center or other work authorized by Jeffers
Foundation and the work had to be completed by January 2011 or the
remaining security would revert back to Jeffers Foundation.
The nature center was never built as it became clear that the school district
was unable to make along-term commitment to staff, operate and maintain
the building. The $500,000 security was drawn down to $430,000 to
reimburse the City for professional service costs incurred for architectural
services, test borings, professional service and materials costs for a floating
bridge which had been installed by the City with the Jeffers Foundation
blessing.
On November 23, 2009 a letter was submitted by Cindy Solberg, Principal of
Jeffers Pond Elementary requesting that the City build a bridge across the
stream which lies between the elementary school property and the Jeffers
Pond property deeded to the City. Initially, the staff responded that it did not
have funds for this purpose. Subsequently, in a letter dated December 9,
2009, Paul Oberg, CEO of the Jeffers Foundation, proposed to allocate up to
$38,000 from the escrowed security for the nature center to fund the
purchase and installation of the bridge, including walkway entry and exit
ramps. On January 19, 2010 the City Council considered this proposal and
adopted a resolution in support of the bridge proposal. The bridge was
completed on Friday.
M:I000NCIUAgenda Reports120101051710Deffers Pond Park.docM:\COUNCIL\Agenda Reports\2010\051710 Jeffers Pond Park.doc
At its January 19, 201.0 meeting the City Council discussed other work that
might be done to bring this "outdoor nature center" area to a reasonable
conclusion before the remaining escrow was returned to the Jeffers
Foundation in January 2011. Accordingly, the City Council included a
provision in the minutes which stated, "The staff is directed to enter into
negotiation with Jeffers Foundation for completion of an outdoor
environmental experience to include a west side woodchip trail with signage
and possible other amenities."
Current Circumstances
Since the City Council adopted that resolution, Public Works Director
Albrecht, Parks and Fleet Supervisor Friedges and I have been working with
Mr. Oberg and Dar Fosse, who is a member of the Jeffers Foundation Board.
Our efforts included numerous meetings, preparation of a PowerPoint
presentation (attached) and various letters. As a result of these efforts, the
staff has proposed to the Jeffers Foundation the following:
1. Construction of a 20' X 40' park shelter type of building similar to that
located south of the baseball diamond at Lakefront Park. A metal roof
would be added to the shelter to create a more 19th century look. A
platform next to the bridge will be investigated which children can use to
take their samples. We will check with the Watershed District regarding
this proposal as well as investigate the possibility of using a more
horizontal land area downstream for this purpose to avoid erosion and
improve safety.
2. Construction of a kiosk similar to that located at Lakefront Park at the
confluence of trails just south of the amphitheatre. A metal roof would be
added to the kiosk as well to give it a 19th century look. Jeffers
Foundation, at their own cost, would like the kiosk to include a plaque of
some sort memorializing the contribution of the land by Bob Jeffers.
3. Construction of a chip trail on the north and west side of the pond. The
trail presently dead ends on the northeast corner of the deep (westerly)
pond. The proposal is to extend the wood chip trail down the west side of
the pond without taking trees or creating erosion problems.
The construction of the shelter and kiosk proved to be relatively non-
controversial items and on February 10, 2010 Mr. Oberg sent a letter
confirming that the Foundation would support those efforts in an amount up
to $40,000. The letter expressly states, "The Jeffers Board supports this
effort, but is unwilling to commit escrowed funds for the extension of the
pathway around the north and west side of the deep pond."
In a letter dated March 6, 2010 I asked that the Board reconsider the
westerly trail. In a March 18 letter, Mr. Oberg offered to consider a plan from
Mr. Friedges showing the path layout. On April 2, 2010 we provided a
PowerPoint depicting the proposed trail including photos from a variety of
directions to show that no trees would be destroyed, attention to erosion and
that the trail would not degrade the natural look of the area.
Mr. Oberg advised us that the Board would meet on May 8 to consider the
proposal. It has become clear to me that an additional issue regarding the
trail is that of domestic animals defecating in the area as well as damaging
the flora and fauna.
My sense was the trail was not going to be approved and, therefore, in a
letter dated April 23, 2010 I indicated that in addition to "leash your pet"
M:ICOUNCIL1Agenda Reports120101051710Deffers Pond Park.dac 2
signs, "... I would be willing to recommend to the City Council that signage
be installed at each entrance prohibiting dogs from this park. I believe the
Council would be inclined to support this proposal considering we have in
excess of 70 miles of trails throughout the community that pet owners can
share with their dogs."
On May 11, 2010 Mr. Oberg responded as follows: "As requested by you,
Jeffers directors have authorized the disbursement from the escrowed funds
of an additional sum not to exceed $20,000 from the escrowed funds (in
addition to the monies offered for the construction of the bridge crossing
Eagle Creek, the staging area, the kiosk, the signage and the various trail
and roads incidental to such improvements) for the construction and wood
chip surfacing of the trail on the west side of the deep pond upon the
following agreed terms and conditions:
1. The trail would be surfaced with wood chips, would be cut through the
woods without the cutting of mature standing live trees, would be
designed to protect against erosion of the trail, and would not be visible
to persons from the east bank of the deep pond.
2. The city will. adopt an ordinance prohibiting domestic animals in the area
protected by the conservation easement.
3. The city will install signage notifying the users of the trails that domestic
animals are prohibited in the park and that bicycles, skateboards, roller
blades and motorized vehicles are prohibited in the areas specified in the
Conservation Easement as Trails 2 and 3.
4. The-city will take reasonable action as appropriate to enforce the
foregoing prohibitions."
Conclusion
The City Council should determine if, on balance, the proposed
improvements and proposed conditions are appropriate to complete these
portions of the project.
ISSUES: While the bridge was previously approved, we are still working on the staging
area concept. This will require additional discussions with the Watershed
District relative to erosion control on the stream -banks and student safety.
The bridge and kiosk are straightforward. It is my understanding that Mr.
Friedges and Mr. Fosse have discussed and agreed upon a location for each
as well as the design.
The remaining issues have to do with the trail.
• Trail location, wood chips, erosion and visibility - I believe these issues
were addressed in the PowerPoint we shared with the Jeffers
Foundation. Assuming the trail is installed as depicted in the PowerPoint,
there should be no problem.
• Ordinance -the City should adopt an ordinance prohibiting domestic
animals in the area protected by the Conservation Easement.
Prior Lake City Code section 702.700 (5) states, "no dog or cat shall be
permitted on a beach area, nature center area, park building, skating rink,
or any athletic fields located in: Memorial Park, Ponds Park, Lakefront
Park, Thomas Ryan Memorial Park, or any other athletic complex in the
City." (Emphasis is mine.)
M:I000NCIL1Agenda Reports120101051710Deffers Pond Park.doc 3
In accordance with 702.200, "the City Manager shall administer the park
and recreation policies of the City..." The Ordinance further provides
that, "the City Manager shall have the right to issue administrative rules
and regulations governing the operation of City parks."
Pursuant to both sections, I could designate this area a nature center and
post signs prohibiting domestic animals from the conservation area.
However, at issue are portions of the bituminous trail around the lower
pond that meander in and out of the Conservation Easement.. Staff does
not believe it is the intent to restrict leased domestic animals access to
these areas. Staff recommends that we better define the nature center
as the wood chipped trail and adjacent natural areas.
Before doing so, I believe we should send a notice of our intended action
to persons living in the vicinity and perhaps conduct a public information
meeting to solicit their input and respond to questions.
Unless new and significant information is learned at the public
information meeting, .the signs prohibiting dogs and cats would be
erected at the entries to the Conservation Easement Nature Center area.
Enforcement would be the same as in the rest of the community. Since
our animal control contractor does not patrol, enforcement would be on a
complaint basis.
Undoubtedly, some. persons will be disappointed that they cannot walk
their pet in the nature center area. Others will be disappointed, but will
do it just the same. I am sure that some will argue that taking their pet for
a walk gives them a greater sense of security. I would expect calls
regarding running dogs from the school. There is likely to be
dissatisfaction with the response time and an increase in calls to Public
Works either for enforcement or clean up.
In light of these anticipated objections, the Council could approve the shelter
and kiosk only and forego the construction of the trail Such action would
continue to allow users to walk their dogs subject to existing ordinance. The
other option would be to propose the trail subject to existing City Code
provisions regarding domestic pets, recognizing that Jeffers Foundation
would likely reject the trail construction portion of the proposal.
FINANCIAL The capital improvements are expected to be reimbursed fully from the
IMPACT: Jeffers Foundation escrow security. Ongoing costs of sign replacement,
complaint enforcement, clean up, replacement of wood chips, kiosk and
shelter will be the City's long-term responsibility.
ALTERNATIVES: 1. Adopt a resolution authorizing the expenditure of funds for the shelter,
kiosk and trail subject to reimbursement by Jeffers Foundation when the
work is complete.
2. Take no action and direct staff to prepare additional information.
RECOMMENDED Alternative #1.
MOTION:
M:I000NCIL1Agenda Reports120101051710Deffers Pond Park.doc 4
4646 Dakotas Street SE
Prior Lake, MN 55372
RESOLUTION 10-xxx
A RESOLUTION AUTHORIZING THE PURCHASE OF MATERIALS AND
CONSTRUCTION OF A SHELTER, KIOSK AND TRAIL AT JEFFERS POND PARK
TO BE REIMBURSED BY THE JEFFERS FOUNDATION.
Motion By: Second By:
WHEREAS, Jeffers Waterfront is a 325-acre development in Prior Lake which has preserved wetlands,
water bodies, trees and forests; and
WHEREAS, included in the 225 acres of property preserved for public access and use is a
conservation area which includes the two ponds, forests and wetland; and
WHEREAS, trails, bridges and other amenities have been developed in the conservation easement for
use by students and the general public; and
WHEREAS, a nature center building was to have been built from escrow funds set aside by the Jeffers
Foundation and it now appears that the nature center will not be constructed; and
WHEREAS, Jeffers Foundation previously offered to pay for a bridge over the stream from escrowed
funds; and
WHEREAS, the City Council approved this proposal and the bridge is now in place; and
WHEREAS, both parties desire to complete this outdoor learning center including the bridge, shelter,
kiosk and trail; and
WHEREAS, Jeffers Foundation has agreed that the costs for these improvements shall be reimbursed
to the City by the Jeffers Foundation upon invoice.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City will cause to be purchased and constructed a 20'x40' shelter with metal roof and kiosk.
3. The City shall pay up to $40,000 for such improvement which shall be reimbursed by Jeffers
Foundation upon invoice from the City.
4. The City will cause to be purchased materials necessary to construct a wood chip trail as depicted on
the attached Exhibit (originally depicted on the powerpoint dated March 23, 2010) subject to the
following conditions:
a. No cutting of mature trees shall take place.
b. Trail is to be constructed of wood chips.
c. Trail is to be designed to protect against erosion.
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10\RESO -Nature Area improvements Jeffers Pond Park.doc
d. The City shall adopt an ordinance prohibiting domestic animals in the conservation
easement and Nature Center area.
e. The City will .install signage notifying users that domestic animals are prohibited together
with bicycles, skateboards, rollerblades and motorized vehicles in areas specified in the
conservation easement, Nature Center area, and trail 2 and 3.
f. The City will take reasonable action as appropriate to enforce the foregoing prohibitions.
5. Upon completion of the trail and installation of the signage, Jeffers Foundation will promptly remit the
costs of trail construction as documented by invoice.
6. Upon full reimbursement to the City of all costs associated with this resolution and construction of the
bridge, the City will authorize return of the previously escrowed security to Jeffers Foundation.
7. Funding for this work shall be taken from the Parks Operating budget (45200).
PASSED AND ADOPTED THIS 17TH DAY OF MAY, 2010.
YES NO
M ser M ser
Erickson Erickson
Hedber Hedber
Keene Keene
Millar Millar
Frank Boyles, City Manager
R:ICounci112010Rgenda Reports10517101RES0 -Nature Area improvements Jeffers Pond Park.doc
2
Page 1 of 1
Frank Boyles
From: AI Friedges
Sent: Tuesday, March 30, 2010 1:09 PM
To: Frank Boyles
Cc: Danette Parr; Steve Albrecht
Subject: FW: Jeffer's Pond
Frank
This is a follow up based on the conversation that Anne and I had today.
Thanks,
AI
From: Anne Murphy [mailto:amurphy@mnland.org]
Sent: Tuesday, March 30, 2010 10:28 AM
To: AI Friedges
Subject: Jeffer's Pond
Hi AI,
It was great to talk with you this morning about the Jeffer's Pond property in Prior Lake. As you know, the
Minnesota Land Trust holds a conservation easement on this property and foot trails are allowed under the terms
of the easement in Paragraph 2.8c. The trail we discussed in the western portion of the property is described in
the easement as Trail 2 and is depicted on the attached Property Map as a proposed trail. Woodchips will be fine
as a surface for the foot trail, but we ask you avoid cutting mature trees in establishing the trail itself.
The conservation easement also addresses habitat and forestry management under an approved management
plan. I'd be happy to meet you out at the property any time to discuss your ideas for prairie restoration and other
vegetation management. It would be really helpful for me to understand your plans and familiarize myself with the
property. Just let me know when it's convenient for you to meet at the property. I'm generally available Monday-
Thursdays each week and can be reached at the number below or via email.
Best,
Anne Murphy
Conservation Stewardship Director
Minnesota Land Trust
2356 University Ave W, Suite 240
St. Paul, MN 55114
p: (651) 647-9590
f: (651) 647-9769
amurohvCc~mnland.orq
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