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8.2. SR 10-21-2013 City of Elk Request for Action River To Item Number Mayor and City Council 8.2 Agenda Section Meeting Date Prepared by General Business October 21, 2013 Michael Hecker, Parks and Recreation Director Item Description Reviewed by Resolution Authorizing Application to Parks Legacy Cal Portner, City Administrator Grant Program for Funds to Assist in the Reviewed by Acquisition of Houlton Property Action Requested Approve by motion,Resolution No. 13-_supporting the acquisition of the Houlton farm property through the Parks Legacy Grant Program. Background/Discussion At the July 1, 2013, regular meeting, the Council approved a Lelter of Intent with the Conservation Fund. It basically outlines respective responsibilities,including the city providing coordination and the resources of its staff and legal on all contracts and agreements for the successful funding and closing on the Houlton Farm property acquisition. The Conservation Fund,as a technical advisor to the city,has worked with staff in developing a substantial grant application through the Parks Legacy Grant Program. This grant requires a resolution by Council. The attached resolution was reviewed by the city attorney. The partnerships in the grant application includes the City of Elk River,Lessard-Sams Outdoor Heritage Council, the Minnesota Land Trust, Friends of the Mississippi River,The Houlton family and The Conservation Fund. The Houlton family has indicated that they are willing to donate a significant portion of the acquisition costs toward the project. The proposed regional park in the grant is being called the Elk River Nature Preserve. This reflects the natural restored natural amenities of the site, along with its unique location,providing many opportunities for interpretation of our natural and cultural heritage. The details of the project's importance are described in the attached grant application item 2—Regional Significance. This project was discussed at a public work session on October 2, 2013. Invitations were sent to the adjoining property owners and public meeting notices were posted. About 32 people attended the meeting with about 14 providing input to the concept plan. The 335-acres acquisition contains a mix of 130 acres of floodplain forest,wetlands and approximately 180 acres of farmland. The farmland will be restored to native prairie and oak savanna. We expect to develop trails that will offer many opportunities for interpretation of our natural and cultural heritage. Trails that wind through the different landscape will have various interpretative displays as well as strategically placed viewing platforms, offering visitors incredible views of the prairies and the Mississippi River. The site plan includes a boat launch on the Mississippi River. P a w E R E U 6 Y NaA f RE] The existing structures on site are suitable for use by local organizations and the city for environmental education and programming, and these structures can be rehabilitated for that task if outside resources become available. Staff does not anticipate charging any fees for visiting the park although it may be possible to charge a fee for use of the barn structure as a means of generating operating revenue. The city may decide to develop a concessions and/or outdoor outfitters operations and offer programs on site that can also generate revenues. Financial Impact No match is required in the grant application. However, additional consideration is given to applicants who provide a cash match. Staff and The Conservation Fund are working with the landowner on a match contribution for the grant. It is the intent of all parties that sufficient capital to acquire the lands shall be provided by grants and donations,per the Letter of Intent approved on July 1, 2013. The city continues to provide staff time and legal services for the grant application process and related materials. If the city acquires the property,potential costs will likely include public access costs such as parking, trail maintenance, and public safety. The Friends of the Mississippi have agreed in the grant application process to provide management expertise for the restoration of the site. They have also indicated that they will work with staff on a resource management plan that will include acquiring the necessary funding for restoration and maintenance. Attachments • Resolution No. 13- ■ FY 2014 Park Legacy Program Grant Application • Houlton Property Site Plan for Grant • Houlton Property Letter of Intent N:\Public Bodies\Agenda Packets\10-21-2013\Final\In Laserfiche\x8.2 sr Houlton Property Giant Resolution.docx City of Elk River Resolution 13- A Resolution of the City of Elk River City Council Authorizing an Application to the Parks Legacy Grant Program for Grant Funds to Assist in the Acquisition of the 335-Acre Houlton Property WHEREAS, the City of Elk River (the City) desires to acquire the 335-acre Houlton Property for park purposes; and WHEREAS, one potential source of funds to assist in such an acquisition is the Parks Legacy Grant Program. NOW, THEREFORE, BE IT RESOLVED that the City of Elk River will act as legal sponsor for the project contained in the Park Legacy application to be submitted on or after October 22, 2013, and that City staff is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City. BE IT FURTHER RESOLVED that the City has the legal authority to apply for financial assistance, and financial capability to meet the match requirement (if any) and ensure adequate construction, operation,maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application. BE IT FURTHER RESOLVED that the City has or will acquire fee title or permanent easement over the land described in the site plan included in the application,in so far as grant funds become available. BE IT FURTHER RESOLVED that,upon approval of its application by the state, the City may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity. row € R10 8 NATUREI BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to execute such documents as are necessary to apply for the project on behalf of the City. Passed and adopted this 21" day of October, 2013. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk row € R10 8 NATUREI C-lJAN WA'I"I:R LAND LL FY 2014 Grant Application Parks Legacy Grant Program Submission Deadline: October 25, 2013 Before completing this application please read the FY 2014 Park Legacy Program Manual for further program information. Only one park may be included in an application. Applicants are eligible to receive more than one grant. This program is very competitive. Staff members are available to disc your project or review application materials. You are encouraged to submit any draft ap ' or materials by September 6th if you would like staff to provide comments. On omp plications submitted by the deadline will be considered. Applications are to be submitted electronically in a ".p format by the due dat . Paper submission of applications will no longer be accept ess arra ed in advance e due date with program staff. To submit the application, em it a ers the applicat' n and attachments to Parkgrants.DNR@state.mn.us. Please format the entire application, inclu all attachments, p document with all pages 8 1/z"by 11" in dimension. Use the ded for each or reproduce it in the same format. Use Item 1 —Application Su ar over s et. After submission, make sure you have received a confirmation email t yo a has arrived in a useable form by the due date. Applications submitted in an ble fo will not be considered for funding. The funding for thes s expir on June 30, 2 All work described in this application must be completed y For assistan ntact • Hiller, 651- 538, er state.mn.us ey Mularie, 6 59-5 49, Audrey.mularie@state.mn.us • D ormation ter, 1-888-646-6367 Rev. July 2013 TABLE OF CONTENTS Item 1: ...... Application Summary Item 2: ...... Regional Significance Item 3: ...... Project Narrative Item 4: ...... Cost Breakdown Item 5: ...... Location Map Item 6: ...... Recreational Site Plan Item 7: ...... Project Site Evaluation Item 8: ...... Sustainable and Resilient Infrastructure Item 9: ...... Community Involvement Item 10: .... Availability for Public Use Item 11: .... Statement of Accessibility Item 12: .... Projected Operation and Main n osts Item 13: .... Applicant Resolution Item 14: .... Plans Item 15: .... Acquisition Projects A Attachment A. Sample Appraiser En ent Let Rev. July 2013 ITEM 1 -APPLICATION SUMMARY—FY 2014 APPLICATION Contact Information: Grant Applicant Org: City of Elk River, Minnesota Contact Person: Michael Hecker Contact Title: Parks and Recreation Director Mailing Address: 13065 Orono Parkway Zip code:55330 Phone: 763-635-1090 E-mail address: MHecker @ElkRiverMN.gov Park Information: Project Name: Elk River Nature Preserve Project County: Sherburne Existing Park Acreage: 70 INVProposed Activities with this Application: Acres to be purchased: 335 Facilities to be developed or redeveloped: Trails, restroo es and interpretive stations Rev. July 2013 ITEM 2 -REGIONAL SIGNIFICANCE To be eligible for this grant, the project must demonstrate that it is of regional or statewide significance. Describe how your project meets each of the identified criteria listed below. At a minimum,parks must meet the first two criteria described below and at least one of the criteria listed in 3-5. 1. Natural Resource Based Settings and Range of Activities Offered: The proposed Elk River Nature Preserve lies at the confluence of the Elk and Mississippi Rivers providing an unparalleled setting for a host of recreational opportunities inclu ing interpretive natural trails, picnicking, fishing, bird-watching, swimming and . The site will be managed for the preservation of its inherent natural amenities the restoration activities proposed will restore one of the largest riparian o nas in the region. 2. Use: The Elk River Nature Preserve is within 40 mil o e heart Twin Cities and its more than 3.3 million residents. Its location on sissippi is re zed as one of the best smallmouth bass fisheries in the Unite ates. There is no park arable size along the Mississippi anywhere in the a th the t closest region ark, and the only other park of size along the Upper is i, han 10 rive miles away. It is anticipated that this park will serve the resident arby cities such as Elk River, Ramsey, Otsego and Rogers, some of the fastest gro ities in the greater Twin Cities Metro area in addition to drawing ' ' rs from the enti ro rea itself. 3. Size: The acquisition of the Houlton ac res wi omplete the Elk River Nature Preserve and join two disjunct rce ed by Elk River. Elk River purchased the 2.70 acre Oxbow Park 1 rs ago w the hope of developing the adjacent Houlton ay. More r ntly, Elk River worked with the Minnesota Land Trust and ng Par d Trails Le cy money, in part, purchased the 23-acre Bailey Point e adja t and east of oulton Tract. In all, the Elk River Nature Preserve wi 1 be cre le his site will also complement the 70-acre Otsego County Par ed ac ississippi to the south as well as the 142-acre Mis ' Islan A that is comprised of the adjacent islands. 4. ecial Features: Hoult ract is situated at the confluence of the Elk and issippi Ri vers. is to tion not only provides a unique amenity with more than se iles of shor e, but the location has also made the site one of the most histo signific in the region. Archeologists have found arrow points dating back more th ye . Two major battles between the Dakota and Ojibwe took place on this site in 177 773 earning the site the Ojibwe name Me-gaud-e-win-ing, or"Battle Ground". Zebulon Pike was one of the early explorers to the area and name the Elk River in 1805. In the mid-1850s, a dam was built on the site creating Orono Lake along with a sawmill to exploit the hydropower the dam provided. The Houlton Family constructed and operating the mill and the land has been in their continuous ownership ever since. Elk River fully intends to interpret for visitors the vibrant history of the Houlton Tract that in so many ways is a microcosm of the rich history of the entire state of Minnesota. 5. Scarcity of Recreational Resources: There is no regional park with the access and amenities planned for the Elk River Nature Preserve in the area. The current boat launch near Highway 101 is slated for destruction once the highway is enlarged. The nearest Rev. July 2013 boat launch is more than 10 miles downstream. No other site on the Mississippi in the region will offer the wide array of recreational activities as well as the opportunity to tell the uniquely rich history of the site. Additionally, the site will be restored as an oak savanna and prairie making it one of the largest and most accessible riverine oak savannas in the state. ITEM 3-PROJECT NARRATIVE Describe what recreation facilities will be developed or rehabilitated and a lands that will be acquired. The 335 acres to be acquired contain a mix of 130 acres of floodp t, wetlands and approximately 180 acres of farmland. The farmland will be rest d to prairie and oak savanna making it one of the largest riparian prairie/oak sav na storatio the region. The floodplain forest will be managed to restore the integrity tive mix o oods to the exclusion of non-native and invasive species. The natural restored natural amenities of the site, a on its location, ill serve as the cornerstone of the recreational opportunities provided. T will offer many opportunities for interpretation of our natural and cultural heritage. Paths t ind through the different landscapes will have various interpretativ lays as well as s is y placed viewing platforms offering visitors incredible view iries and Mi ppi River. There will also be a launch point for canoes near the conflu cc and M' issippi Rivers and a larger boat launch on the Mississippi itself. Both la hes ess that is not afforded anywhere else in the vicinity. Rev. July 2013 ITEM 4- COST BREAKDOWN Rev. July 2013 ITEM 5-LOCATION MAP Provide a map that shows the location of the park within your community. The map should identify the main roads in the community to access the park. ITEM 6-RECREATIONAL SITE PLAN This site plan must clearly identify the proposed acquisition and/or development. The plan should include enough detail to determine design details such as facility orientation and layout, access routes, and accessibility. All plans must include the following: • Title "Recreation Site Plan" and the project name • Entrance to site and location of existing or propose li arking es. (Parking facilities must be developed to serve newly ac u* areas within 12 m • Location of all recreation and support facilit' • Access routes connecting each facility • Entire park property and all adjacent land uses • All lakes, rivers, streams and wetla • Acreage of the park and/or each par c to d • Legend including a north direction arr phic ale, county and date • The site plan must and dated b the applicant. • Graphic Bar S exampl 0 250 500 Feet ext Scale 1" = not acceptable. Color Co • Red k bou ary, including all contiguous lands currently owned by the applicant ged for public recreation and any additional land to be acquired with thi ant. • Green Existing facilities that will remain. • Yellow Acquisition and/or development accomplished with this grant • Blue Future acquisition and/or development. Rev. July 2013 ITEM 7-PROJECT SITE EVALUATION All applicants must prepare and submit a Project Site Evaluation using the format shown below. The project site evaluation will provide information necessary to determine the impacts of the project, if any, on the environmental and cultural resources of the area. The following sources of information may be helpful in completing the evaluation: Endangered Species: Information on animals and plants that are endangered, threatened or merit pecial consideration or management is available from the Minnesota Natural Heritage Progr game Wildlife Program, Section of Wildlife, Department of Natural Resources (DN A booklet entitled Minnesota's List of Endangered and Threatened Animal Species, des a list of all species of Minnesota's animals and plants listed under the prov' so ederal Endangered Species Act of 1973, Public Law 93-205, and/or Minnesota at 84.08 vailable from the DNR by calling (651) 296-6157 or(888) 646-6367 or at t website M ota's Endan ered Threatened and Special Concern S e Additional information may be obtained by callin the io logical Res urces information number at(651) 259-5100. The DNR is also ping biological surveys on a county-by-county basis on sensitive natural habitats and rare and animal species. Several publications are available which provide ed information o e bjects. Additional information may be obtained from your D al Office. Wetlands: Minnesota has adopted a " s" wetlands olicy. Each state agency must ensure that its activities, including sta ponso financed or isted projects, do not contribute to the loss or diminishment of the mport values of we ds. Unavoidable impacts must be minimized and compens mi st b rovided for all values that have been lost or diminished. It is very important, therefore, that the project site evaluation identify all possible wetlands impacts of the proposed project. This will help in determining whether any changes in project s e or deli be r whether mitigation measures must be undertaken. The b reference for d det oration will be the National Wetlands Inventory produced by Fish and Wil Serv' e and available at the DNR. Questions regarding implemen of the "no- -loss" policy and identification of wetlands may be directed to the Ecological ces Divi n, DNR at (651) 259-5100. PROJECT SITE ATION - FORMAT Please prepare a project site evaluation using the following format and subject categories. Address all of the points covered under each category and be specific. It is important that the project site evaluation be a complete and accurate assessment of the natural and/or scenic characteristics of the area and the likely impacts of the project, either positive or negative, on those characteristics. Rev. July 2013 I. Description of the Environment and the Environmental Impact of the Proposed Project A. Present Land Use: The Houlton Tract is a residence for the landowner and the majority of the property is currently farmed. The flat topography, relatively high elevation above the river and exceptionally scenic location make this site a prime candidate for development. The current owner has the property listed with a real estate broker and has a various designs for a golf course and residential development on site. This acquisition has been a goal for the city for decades and if we are unable to act now, it is highly likely the site will be developed and this opportunity lost forever. B. Environmental Intrusions: The site has a modest farmhouse and outbuildings, one of which may have historical value as a Civil War era horse b Af funding is available, Elk River will use the appropriate existing facilities for env' ntal education and historic interpretation. Overhead power lines supplying ou outbuildings will be buried once the final disposition of the buildings h s n deter C. Fish and Wildlife: The site contains an active Ba ag nest. Any co tion activities will be done in accordance with DNR guideli conce 'ng construction around Bald Eagle nests. The park is adjacent to th sippi nds State Nat Area and this stretch of the Mississippi is nationally accla a e the best smallmouth bass fisheries in the country. All proposed activities of t oject will only enhance natural resource value. D. Vegetation: The natural areas (app 130 acres) o are mature Southern Floodplain Forest (FFs68) and Sout orest(FF 9). The county record cottonwood tree is present on site an ill b ough this purchase. There are no records of any protected plant speci in the sect area. Restoration activities within the forested 1 concentrat n remova of extensive buckthorn and other invasive species stor on the appr imately 180 acres of farmland will be to native prairie ak sava a on the elev areas. E. Water Resources: e nce of any wetlands on site and all hard surfaces arking ill emp st management practices to ensure runoff is pro he re tion of the farmed areas will have a substantial benefit to er quality inati entation inputs and eliminating the use of fertilizers d pesticides. F. is and Physi aphic Features: The bluffs perched above the Mississippi River are som e highest the area and will be a primary feature for visitors. Trails and overlo as wil ffer incredible views and interpretive signs will explain the geologic and hydro ces that shape a river valley. G. Air Quality ise: Nice from the boat ramp will be shielded from the few neighboring residents by extensive forested areas and distance. H. Transportation: A parking facility will be easily accessible to visitors just off Main Street NW at its intersection with the Elk River. More than six miles of trails will be constructed on site over very flat terrain to allow a wide array of visitors to experience the site. Rev. July 2013 IL Description of the Proposed and Future Management Activities A. Land Management and Protection: The purchase of this site affords an opportunity to protect and connect accessible public land near major population centers that simply doesn't occur very often. This 335-acre purchase would connect the 24-acre Bailey Point Nature Preserve with the Oxbow Park already owned by Elk River. This purchase will secure the needed access and provide the land necessary to create a true regional amenity. The city has an excellent track record of land stewardship and in conjunction with the many partners involved with the project, will continue to obtain the resources necessary for its successful management. In addition to its ownership by Elk 'ver and the protected status that provides, the 335-acre site will also be sub' to conservation easement held by the Minnesota Land Trust that will ensure ite is maintained as an accessible natural area. B. Partnerships: City of Elk River: The proponent of this regio park a dedicated stew r the site. Lessard-Sams Outdoor Heritage Council: Funds rch se of a conservation easement come at the recommendation of this body. Minnesota Land Trust: A non-pro anization whos HC grant will provide $900,000 for the acquisition of the ion easement. innesota Land Trust (MLT) will also act as holder and st ar nservat* easement to ensure its integrity. Friends of the Missis i ; A non-profi anizatio at will provide funding and management exp restoration d management of the site. The Houlton : The downers of t agnificent property are willing to donate a substantial s m d cr his regio park and their cooperation has been extraordinary The Fun ational non-profit organization that is negotiating the hase of th and p the bridge funding necessary to complete this project Rev. July 2013 ITEM 8—SUSTAINABLE AND RESILIENT INFRASTRUCTURE In accordance with Minnesota Statutes and the Parks and Trails Legacy Plan, this program encourages the construction of sustainable and resilient infrastructure, the use of energy efficient, easy to maintain and recycled/recyclable materials, the conservation of water use and the design of facilities to effectively manage storm water on site. Please describe how your project will address these priorities. 1. Sustainable and resilient infrastructure. 2. Energy efficient, easy to maintain and recycled/recyclable materials. 3. Conservation of water use and the design of facilities to effectiv age storm water on site. The trails will use wood chips generated by the forest resto ojects as rce of affordable and resilient material and as an alternative to paved trails. Timber fo co truction of the overlook sites will only use material from an F certifie ource. Interpre igns will be made of durable embedded fiberglass. The restroom facility will be a pre-fabricated structure deli specifically for durability, low maintenance costs and low susceptibility vandalism. The re will have skylights to lessen the energy costs of lighting. The re ill be connect nicipal sewer and water to eliminate the possibility of septic contam a The parking lot will have rain gardens to bet n parka ea and the river to intercept and treat any runoff. All trails w' onstructed o ervious materials. Rev. July 2013 ITEM 9— COMMUNITY INVOLVEMENT Address the following questions regarding community involvement, planning process and how this project will increase outdoor recreation participation. 1. What efforts were made to get input from members of the community that will be affected by this project? For example, public meeting(s), notification of adjoining property owners, etc. 2. What community planning process was used to show a need for thi roject and to define its scope? 3. How do you expect this project to increase outdoor recreat cipation? This project was discussed and noticed on the City C n agenda o separate council meetings. A work session was held on M , 0 3, when ouncil first discussed the idea of a partnership effort betwe he city and The Cons e Fund. A Letter of Intent between the city and The Co ation F was approved City Council on July 1, 2013. The project was also the focus for a public hearing o ber 2, 2013. Invitations were sent to over 40-adjoining property ers and public no we posted. The local newspaper also featured the propos 1 park in a si story that ran on May 16, 2013. Throughout, there has been an tre level support for the project and many have said how much they will e ' y t es, especially in light of the fact that there are virtually no areas in the r of any s e to hike and enjoy the Elk and Mississippi Rivers Rev. July 2013 ITEM 10—A"ILABILITY FOR PUBLIC USE This grant program makes use of public funds to assist communities with park projects. Therefore, all facilities within the park must be designed and available for general public use and open during typical park hours. This includes restrooms, picnic shelters, campgrounds, playgrounds and other structures. For parks that include marina or campground facilities, a minimum of 50% of the berths/campground spaces must be available for short-term rental and an equitable method of allocating long-term rentals shall be used. No fixed improvements such as decks, porches, or signs are allowed. State the specific hours of operation and any current or anticipated pro g d use for the facilities proposed to be funded with this application. Saying the par 1 be open during normal park hours is not specific. Also describe any arrangements with to izations, clubs or city programs for the use of the facilities. Explain how this may imp faci ailability to the general public. Describe what fees, if any, will be charged for use of t ark facilities and/or a he regional park? The site, and its associated facilities, will be open daily fo blic use from 6:00 a.m. until 10:00 p.m. as per the City Park Ordinances. There are no ca ounds planned for the site and visitation will be limited to day use. The ing structures on re itable for use by local organizations and the city for environment ' n and these s res will be rehabilitated for that task if resources become available. e ci t antic' ate charging any fees for visiting the park although it may be possible cha a se of the barn structure as means of generating operating revenue. The c ay decid o develop concessions and or outdoor outfitters type op d offer pro ms on site that can also generate revenues. Rev. July 2013 ITEM 11 -STATEMENT OF ACCESSIBILITY Recipients must comply with the Americans with Disability Act (ADA) and the guidelines listed below. For each facility listed in the Cost Breakdown section, describe the specifications and access routes that will make it accessible. In addition, all critical components of the park must be made accessible even if they are not part of this application proposal. Critical components include parking, restroom, drinking fountains and accessible routes to all facilities. This program requires all facility access routes to be a minimum of 5 feet wide. The following guidelines will help you design your facilities. Copies can b ordered from the U.S. Access Board at (800) 872-2253, or downloaded from their websit ited States Access Board. 1. ADA and ABA Accessibility Guidelines for Buildings s and F ities (For buildings and certain recreation facilities including play o ds, recr al boating facilities, and fishing piers) 2. Draft Final Accessibility Guidelines for Outdoor to ed as October 19 9 (For outdoor developed areas such as campground , pi rea ' , and beach s) All restrooms, parking areas, boat and canoe launch facilitie comply with ADA guidelines. Lookout towers will be only six feet in el on and will have co pliant ramps and railings to ensure access for all. Additional 1 system is o ry flat terrain and all trails will be at least five feet wide. Rev. July 2013 ITEM 12 -PROJECTED OPERATIONAND MAINTENANCE COSTS Estimate the projected operations and maintenance costs for the proposed facility. In developing these estimates it is important to consider not only the routine costs (such as labor, materials, utility costs and equipment costs), but also periodic major repairs or preventive maintenance (such as seal coating or replacement of plumbing, lighting, ag lime, turf, etc.). Facility Annual Maintenance Periodic Major Repairs Restrooms $4,000 $10,000 every five years Observation Platforms $ 500 $3,000 every ten Parking Area $2,000 $8,000 every s years Boat Launch $1,000 $8,000 ev to years Canoe Launch $ 200 $2,00 e ten years Interpretive Signs $ 200 $1, every T Prairies $7,000 (once $4,00 ve established) years Rev. July 2013 ITEM 13 -APPLICANT'S RESOL UTION Resolution 13- A resolution of the City of Elk River City Council authorizing an application to the Parks Legacy Grant Program for grant funds to assist in the acquisition of the 335 acre Houlton property. WHEREAS, the City of Elk River (the City) desires to acquire the 335- ulton Property for park purposes; and WHEREAS, one potential source of funds to assist in such an a isitio e Parks Legacy Grant Program. NOW, THEREFORE BE IT RESOLVED that the Cit Elk River will act as nsor for the project contained in the Park Legacy applicatio submit on or after Oc er 22, 2013, and that City staff is hereby authorized to ap ly D nt of Natur Resources for funding of this project on behalf of the City. BE IT FURTHER RESOLVED that the as the legal auth o ply for financial assistance, and financial capability to in requirement y) and ensure adequate construction, operation, maintenance an d re ce e prop ed project for its design life. BE IT FURTHER RESOLVED that the City h t incurr any development costs and has not entered into a written pur ement to ac 're the property described in the Cost Breakdown section on appl n. BE IT FURTHER RES D h r will acquire fee title or permanent easement over the land described in t plan in the application, in so far as grant funds become ava' BE IT RTHER RES D tha on approval of its application by the state, the City may ent i agreement wi e St e of Minnesota for the above-referenced project, and that the City certi at it will co ly with all applicable laws and regulations as stated in the grant agreement in g dedic g the park property for uses consistent with the funding grant program into p ity. NOW, THEREFORE BE IT RESOLVED that the City Administrator is hereby authorized to execute such documents as are necessary to apply for the project on behalf of the City. Passed and adopted this 215`day of October 2013. John J. Dietz,Mayor Rev. July 2013 ATTEST: Tina Allard, City Clerk Rev. July 2013 ITEM 14—PLANS Please submit all applicable plan(s) according to the directions provided. Building Plans Building plans are required for all proposed facilities to ensure the development addresses accessibility and design priorities. Plans must include the following: 1. Front and side views. 2. A floor plan with all dimensions. Trail Plans Trail plans are required for projects that include the develop en f any t trail and should include the following: 1. A typical cross section of the trail. 2. The trail width, surfacing and base materials For the purposes of this grant program a multipurpose tra id be designed to a minimum 8' width. In some cases this minimum width may not be adequ d a width of 10' or more may be appropriate. All access routes connect i ark facilities an g is must be a minimum of 5 feet wide. Playground Plans Priority will be given to play nd designs th ovide a degree of safety and accessibility. The facility designed to ovide an integrated play setting for both children and parents/c provide f all abilities h playground must be built according to the plan provided if a g warde Playground facil' ' s shoul signe he Americans with Disabilities Act (ADA) Accessibili or P eas. Applications that do not include enough information to determi e degree ssibi safety typically do not rank high enough for funding. Th p a t legible and: 1. ShoN opo playground components and all existing components that will remaa component with its name and the height of its useable surfaces. 2. Indicomponents are ground level and which are elevated. 3. Highlight in yellow all accessible components. 4. Identify all type(s), depth(s) and location(s) of the fall-protection surfacing. 5. Highlight in green all accessible surface areas. Rev. July 2013 ITEM 15—ACQUISITION PROJECTS APPRAISAL(S) Include a current self-contained appraisal report for each parcel listed in your Cost Breakdown. Appraisals must have an effective date within 13 months of the application deadline. Appraisals must be performed by a qualified licensed appraiser and meet the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal must include the DNR as an intended user and the landowner or designated representative must be given an opportunity to accompany the appraiser during the inspection of the property. Appraisals will be reviewed by the state to ensure that they meet applic dards. If the appraisal is not accepted, the applicant will be contacted for addition arification or modification. If you or the appraiser has any questions, please con rogram staff assigned to your area prior to completing the appraisal assignment. To ensure the appraiser understands the appraisal require e suggest u e sample engagement letter provided in Attachment A. Rev. July 2013 ATTACHMENT A SAMPLE APPRAISER ENGAGEMENT LETTER [For acquisition projects only] <<Date>> <<Appraiser Name>> <<Appraiser Address>> Re: <<Title of Acquisition Dear<<Appraiser Name>>: <<Applicant Name>> is pleased to submit to you this letter of gem t outlines our understanding regarding the terms and conditions under whi y are dir to complete a fair market value appraisal of the <<Title of Acquisition>>, c ' g approxim < >> acres located in<<County>> County, Minnesota,with address of<<address The appraisal will establish the fair market value o th to with improv ments of contributory value, if any. The estate to be appraised is pI Title. The appraisal will be performed in accordance with the Uniform Standards of Pro nal Appraisal Practice (USPAP) and with the DNR SupplementAhAppraisal and Appr ev'ew Guidelines. In addition to <<Applicant Name>>, the S esota must med as an intended user. You understand that the appraisal report mu be ned may need to be reviewed and approved by these entities. Any technica orr o ppraisal report required by <<Applicant Name>> and/or the State in the c of their iew and acceptance will be performed within the fee low. You provide << >> original copies (must provide enough copies nsure the DNR Lo 1 Grants Unit gets 1 original) of the completed appraisal The a aisal will be pleted on or before <<Completion Date>>. The cost of the appraisa of <A sal Cost>>, including expenses. Payment in full will be made b < Na ect to receipt of an invoice from you. Please indic tanc his engagement by a signature in the space provided at the bottom o is letter urn a e. I will contact you regarding notice to proceed. Sin r «Applicant act>> Accepted this <<Acceptance Date>> <<Applicant Name <<Appraiser Name>> <<Appraiser's Business Name >> By: Its: Rev. July 2013 LAKE OROtJO M " STREET ViEM Ar4DIOR AGGE55 GO�J�IEGTiO�J TO E)WTItJG _ PARK5&1,IEiGUBORUOOD5 'T EXi5Ti�1G FAGiLIwE5 MPS = �.I RIVER PROP05ED FAGILImE5 MAit,I&JTRA�AGE P G0 Rv 3� d� OAK 5AVAt4AAU PRAiRiE MIXED UARDAOOD FORE57 MLE) e OPLAtJD ✓MA r-IATiVE 5UROB5 tJQ� ' a PRE5 _ a ♦ ' a3 Nv ca ,• ViEvJi�JG PLATFORM 111 0 n REMOVE n IRR�GAT�o� UOULTOrl PRAIRIE OVERLOOK OAK 5AVAr,�AP OLD MiL� VIEARNNCA PRAIRIE 5 I „ PLATFORM OPLAPJD POOLTONI 15LAKID O � r /ss M1551551PPi RIVER City(f River 13065 Orono Parkway F_lk Rivcr,ININ 55330 July 1,2013 Richard Erdmanti Executive Vice President and General Counsel The Conservation Fund 1655 North I"ort Flyer Drive, Suite 1300 Arlington, Virginia 22209 RE: Houlton farm, Elk 16ver, NI Dear Mr. Erdmann: We have discussed this project with Steve Hobbs and the City oL'.I-,'Ik Diver (City; requests the assistance of The Conservation fund (t1le "Fund"' to acquire and permanently protect the above- referenced property. We believe your help is critical as we assemble all of the necessary resources to obtain ownership of this roughly 340-acre natural resource area (the"Property"'). Protection of the Property is a high priority for the City and out partners as an important regional park and natural area. The City is requesting that the Fund provide professional guidance and technical assistance to the City to facilitate the I)rOCCSS OFaCC!L1iTin,,Y the Propew. Itis anticipated that 0-le Fund will provide L L I-) i it he current willing seller and work with the transactional I tral al. ass'stancc in acciiii ing the propertN from tf City to secure funding for the purchase. he City and the Fund understand that it n-iay not be possible to eitlier secure sufficient funding or complete this acquisition. The parties acknowledge that a great deal,of time, effort, and risk is required of the Fund to successfully complete this project, including securing funding, worldnt-y with the seller, and I'D ?.�' I completing the necessary clue diligence. It is also understood that the Fund may need to pre- acquire the Propert)T and 'hold it 17or a time, at some risk and cost to the I'und, in order to secure the transaction for the City. The Cin, agrees to reimburse the lAind, only from grant fu ids and donations it receives with the assistance of the Pund, for its costs related to the transaction including: actual expenses for appraisal, legal, title review, survey, propem, taxes, environmental sui\,cv, staff time of the Fund,it accordance with the billin n g rates attached hereto as Exhibit "A", t'not to exceed S77,000), closing costs, and interest at 4.25% annually, should we incur such expenses. These costs are only payable to the Fund upon final acquisition of the Property by the City from the Fund. If the Fund pre- acquires the Property, but for any reason, Che City is unable to complete its acquisition of the Phone: 763.635.1000 I Y Fax: 763.635.1090 f�NATURE www.Elk1iiver'.\fN.gov Property by Nay 15 2014, the Fund may sell the Property commercially as it deems appropriate to recoup the resources it has invested without liability or obligation to the Cit-7. i The City will provide coordination and the resources of its realty staff and legal department and cooperate on all contracts requires= for the successful funding and closing of this acquisition. The Fund and the City shall work to vetifv that fluids will be available to acciuire the property and will � enter into a purchase and sale contract prior to the fund's acquisition of rlie property= from the seller. The City= agrees to cooperate to this end, to the extent consistent with the Citv's obligations under law, including the N-linnesota Data Practices Act and Minnesota Open i l:eeting.1-aw. i i The City appreciates the Fund's assistance, and loops forward to completing this important project. Please indicate the Fund's concurrence with the provisions of this letter 1)y signing below and returning a copy to the Cite. Tlianl<you in advance for helping tvitl this wonderful project. Elk River Cif Counci r By 1 V ':Title: Date: �;,A Concurrence: The Conservation Fund f i I "Title: Date: cc: Steve I lobbs, Minnesota Project Director