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HomeMy WebLinkAbout9F - Jeffers Pond Interpretive Center MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CONSIDER APPROVAL OF A RESOLUTION APPROVING A CONSERVATION EASEMENT OVER EIGHT ACRES NEAR FIVE HAWKS ELEMENTARY SCHOOL AND A RESOLUTION APPROVING A CONTRIBUTION TO THE JEFFERS POND INTERPRETIVE CENTER BUILDING. Introduction The purpose of this agenda item is to receive formal Council approval on each of these items. History The Prior Lake park system is achieving a greater balance between active parks (play fields) and more passive parks. Natural areas such as Rice, Campbell, Haas, Mystic, Jeffers, Whitetail Island and Five Hawks are increasingly popular. The Council has focused balanced attention on active and passive parks. The City Council recently invested $500,000 in an effort to purchase 35 +/- acres around Pike Lake to be preserved for park purposes. Paul Oberg is the executor of Bob Jeffers' estate. As such he has established the Jeffers Foundation whose mission, in part, is to preserve land in its natural state or to be used as living ecological learning centers. Oberg and the Jeffers Foundation have made proposals to the City which would support another area that would be preserved in its natural state in Jeffers Waterfront. Current Circumstances Mr. Oberg made a presentation and proposal to the City Council earlier this year. The proposal offered the City $200,000 for allowing a conservation easement in favor of the school district to be placed over eight acres of City property presently used by the school as the Five Hawks Learning Center. One condition on the $200,000 payment is that the funds would have to be dedicated to the Jeffers Pond Interpretive Center building and the conditions on the easement would have to be as identified in Exhibit 1. Mr. Oberg also proposed a $500,000 challenge grant. If the City and school district could collectively match the $500,000 challenge grant, the Jeffers Foundation would provide a grant to the City so long as the grant funds are dedicated to Jeffers Pond Interpretive Center building construction. The school district indicated that they would have difficulty raising these funds, particularly in light of current budget issues. Mayor Haugen and Superintendent Westerhaus met with Mr. Oberg. After correspondence and telephone conversations, they agreed to the following funding sources to construct the estimated $1.6 million Interpretive Center building on City-owned property in Jeffers Park. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 $500,000 Original Jeffers Foundation contribution with plat $200,000 Conservation easement on City property used by Five Hawks School $280,000 Cash contribution from City $200,000 FF&E contribution from school $420,000 Jeffers Foundation cash contribution $1,600,000 Total ISSUES: Five Hawks Conservation Easement The City owns eight acres adjacent to Five Hawks Elementary School which the City has permitted the school to use as an outdoor learning center for almost a decade. The City could sell the property for some other purpose. The property is largely wetlands and, therefore, marginal for development purposes. The eight acres does not include any of the Westbury neighborhood park property. If the City agreed to place a conservation easement over the property, use of the property would be limited. The Jeffers Foundation has enumerated 15 conditions which would be enforceable against the City or others by the school district. Of the 15, the most problematic is, "no household pets." The intent is to prevent pets from harassing other animals on the property. City parks do allow owners to walk their dogs on a leash, provided they pick up after the animal. Since Five Hawks is classified as a City park right now, it would be safe to say that residents walk their dogs through the area so it will be necessary for the Council to consider whether this special restriction should apply to this area. We are reminded that some people consider their dog as part of the family. The necessity of walking a dog sometimes forces people who might not otherwise exercise to take a walk, thus a dog can serve to improve an individual's health in a nation where obesity has become a national epidemic. The City staff would continue to maintain this area. In the near future, some pond maintenance will be necessary as the result of the foot traffic in the area. Our expectation is that this will be a joint responsibility of the school district and the City. On an ongoing basis, the stormwater pond will need to be maintained as will the Cates Channel which is located, in part, within this area. There is a segment of bituminous City trail within the eight acres. That trail would be administered consistently with the rest of our park and trail system which would allow biking, rollerblading and pets. The Foundation has agreed to pay all costs of preparing the conservation easement; although the document must be reviewed by the City Attorney. The $200,000 must be used for the construction of the Jeffers Pond Interpretive Center building. The details of how these funds are provided will need to be memorialized in an agreement. Jeffers Pond Interpretive Center Buildina The proposed building is estimated to cost $1.4 million together with another $200,000 for furniture, furnishings and equipment (FF&E). The staff has met with the school district and we understand that the school board will be meeting this month to consider whether they will commit to provide the $200,000 as their share of the funding. In addition, the school district would staff, operate, maintain and program the facility. The facility is to be open during school hours, evenings and weekends year-around and provide programs which would be of interest to all age groups. The remainder of the $1.4 million project cost would be from the City's $480,000 which includes the $200,000 payment to the City for allowing a conservation easement to be placed on the City's property used by Five Hawks Elementary School, and a $280,000 cash contribution drawn from the City's reserve. Jeffers Foundation would provide $920,000 (which includes the $500,000 placed on deposit with the City with the approval of the plat) plus a $420,000 grant. Between the two parties, the total is $1.4 million. The actual terms of transaction would be memorialized in an agreement prepared by the City Attorney. As the Parks, Athletic and Recreation Task Force report indicated, the City has many outstanding needs both active and passive to which $280,000 could be devoted. However, the Council may wish to consider the financial leverage which this proposal represents and the benefit an interpretive center building could have to the Prior Lake community; its children, teens, youth, young adults, middle-aged and seniors. ALTERNATIVES: 1. Adopt a resolution authorizing a conservation easement in favor of the school district over the eight acres of City-owned property in exchange for $200,000; recognizing the $200,000 must be used by the City for the construction of an interpretative center in Jeffers Pond. 2. Adopt a resolution authorizing the expenditure of $280,000 from the General Fund reserve and the $200,000 received as consideration for placing a conservation easement over approximately eight acres of City-owned land near Five Hawks Elementary School for the Jeffers Pond Interpretive Center building provided that an additional $420,000 is received from the Jeffers Foundation for this purpose and the School District approves the contribution of $200,000 for fixtures, furnishings and equipment for the building, and further granting the school district the authority to enforce violations of the conservation easement provided the school district and Jeffers Foundation provide the donations set forth herein. 3. Approve Alternative #1 and #2. 4. Approve Alternative #1 or #2. 5. Take no action and provide staff with direction. RECOMMENDED Alternative #3. MOTION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -xxx A RESOLUTION AUTHORIZING THE JEFFERS FOUNDATION TO PREPARE A CONSERVATION EASEMENT FOR EXECUTION BY THE MAYOR AND CITY MANAGER OVER EIGHT ACRES OF PROPERTY OWNED BY THE CITY AT FIVE HAWKS. Motion By: Second By: WHEREAS, The City received a donation of eight acres of land from the developers of Creekside Commons; and WHEREAS, The City has allowed Independent School District 719 (School District) to use this land as part of the Five Hawks Outdoor Learning Center facility; and WHEREAS, The Jeffers Foundation has asked the City to permit a conservation easement to be placed over this property to preserve it in perpetuity for outdoor learning center purposes; and WHEREAS, The conservation easement would grant the School District the authority to enforce violations of the restrictions set forth in the conservation easement; and WHEREAS, Jeffers Foundation has offered to have the conservation easement prepared subject to the review of the City Attorney; and WHEREAS, Jeffers Foundation has offered to pay the City two-hundred thousand dollars ($200,000) for agreeing to the conservation easement subject to the $200,000 being used towards the construction of the Jeffers Pond Interpretive Center building project. 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 agrees to place a conservation easement over approximately eight acres of land adjacent to Five Hawks Elementary School; and further agrees to grant the Independent School District 719 authority to enforce the provisions set out in the conversation easement. 3. Jeffers Foundation shall prepare, or cause to be prepared, the proposed conservation easement; including but not limited to any surveying costs necessary to define the property encumbered by the conservation easement. Upon completing preparation of the conservation easement, the document shall be provided to the City Attorney for review, comment and approval. 4. The Mayor and City Manager are authorized to execute the approved conservation easement subject to receipt of $200,000 in official U.S. currency. 5. The staff is authorized to place the $200,000 in an interest-earning account to be used for the Jeffers Pond Interpretive Center building project; the City shall retain the interest. 6. The City Attorney is hereby directed to prepare the appropriate legal documents to effectuate the terms of this resolution. 7. The City, School District and Jeffers Foundation shall use their best efforts towards assuring the Jeffers Pond Interpretive Center becomes a reality within the reasonably near future. In the event www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 the plans and efforts towards the construction of the Jeffers Pond Interpretive Center do not materialize, the City is entitled to retain the $200,000 for park development use. PASSED AND ADOPTED THIS 16th DAY OF JULY 2007. YES NO Haugen Haugen Erickson Erickson Hedberg Hedberg LeMair LeMair Millar Millar Frank Boyles, City Manager 1:\COUNCIL\RESOLUTI\ADMINRES\2007\071607 Five Hawks Easement.DOC 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -xxx A RESOLUTION AUTHORIZING THE STAFF TO PLACE $280,000 FROM THE GENERAL FUND RESERVE IN AN INTEREST EARNING ACCOUNT TO BE USED FOR THE CONSTRUCTION OF THE JEFFERS POND INTERPRETIVE CENTER BUILDING Motion By: Second By: WHEREAS, The final plat, Development Contract and related documents for Jeffers Waterfront set aside 1.3 acres of land from Wensmann Homes and a contribution from the Jeffers Foundation of $500,000 paid in the form of stocks for the construction of a Jeffers Pond Interpretive Center building; and WHEREAS, A committee consisting of City, school district and Jeffers Foundation representatives have identified, in a preliminary way, that the programs envisioned for the building will require a building estimated at $1.4 million plus $200,000 in fixtures, furnishings and equipment; and WHEREAS, A twenty-four-acre parcel within the development has been placed in conservatory by the Jeffers Foundation; and WHEREAS, the City has, at its cost, extended woodchip trails throughout this property and is installing two floating boardwalks; and WHEREAS, For the betterment of the Jeffers Waterfront development and the community in general, the City, school district and Jeffers Foundation have agreed in concept to support the construction of an interpretive center as follows: $500,000 Jeffers Foundation initial deposit called for in platting documents $200,000 City of Prior Lake provided as a result of City approval authorizing the placement of a conservation easement over City land adjacent to Five Hawks Elementary school $280,000 City of Prior Lake from General Fund reserve $420,000 Jeffers Foundation grant $200,000 School district contribution to furniture, fixtures and equipment $1,600,000 Total 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. $280,000 is hereby allocated from the General Fund Reserve to be placed in an interest earning account to be used for construction of the Jeffers Pond Interpretive Center building subject to receiving: $200,000 in connection with the aforementioned conservation easement, $420,000 from the Jeffers Foundation, $500,000 deposited with the final plat of Jeffers Waterfront and the contribution of $200,000 from the School District. 3. The City Attorney is hereby authorized to prepare the legal documents to effectuate this resolution. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 4. The Mayor and City Manager are authorized to execute such necessary documents on behalf of the City. PASSED AND ADOPTED THIS 16th DAY OF JULY 2007. YES NO Haugen Haugen Erickson Erickson Hedberg Hedberg LeMair LeMair Millar Millar Frank Boyles, City Manager 1:\COUNCIL\RESOLUTI\ADMINRES\2007\071607 General Fund to Interp Center. DOC Proposed conditions to be protected by conservation easement: No draining or filling of wetlands; No disturbance of surface such as addition or removal of soil, or fill; No dumping of trash (except for composting purposes); No removal of plant life; No planting of non-native species; No cutting of mature trees, except for removal of deadfall; No construction of buildings or other improvements, except as incidental to nature park or outdoor learning activities; No biking, rollerblading or skateboarding; No active recreational use (basketball, baseball, horseshoes, shuffleboard, etc.) No construction of roads or trails except for nature park or park maintenance purposes; No paved or asphalt roads or trails (except for wood chips, Class 5 aggregate or recycled base materials); No utility services or systems; No motorized vehicles (such as golf carts, motorcycles, automobiles or trucks), except for maintenance vehicles and wheelchairs for handicapped persons; No household pets; No signage, except small signs for informational or interpretive purposes.