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5.5. SR 09-19-1994 I ~\) ( )f IIi{ Item 5.5 MEMORANDUM TO: MAYOR AND CITY COUNCIL STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR SEPTEMBER 15, 1994 <5 ~ SUBJECT: PARK LAND OFFER BY SHIELY COMPANY FROM: DATE: ATTACHMENTS 1. Park and Recreation Commission minutes from their meeting of July 13, 1994. At this meeting the Park and Recreation Commission discussed the pro's and con's of the park offer by Shiely's. 2. A letter from Jonathan Wilmshurst, of the Shiely Company, dated August 17, 1994. In this letter Mr. Wilmshurst offers the 50 acres and agrees to discuss selling additional acreage, if the City is interested. . 3. Park and Recreation Commission minutes from their meeting of August 18, 1994. At this meeting the Park and Recreation Commission recommends the City accepts Shiely's offer for 50 acres, and negotiates the purchase of additional land. 4. Planning Commission minutes from their meeting of August 23, 1994. At this meeting the Planning Commission recommended the City accepts Shiely's offer. 5. A map of all of Shiely's property in Elk River. ANALYSIS . At their meeting of August 29, 1994, the City Council agreed in concept to Shiely's offer to dedicate a 50 acre park now in lieu of some portion of their future park dedication. The Council's rationale for this decision was that the 50 acres in question contains a mature oak forest classified as "threatened" by the DNR, and, connected by the railroad hiking trail, this property makes a logical extension of Woodland Trails Park. A memo from Pat Klaers, P.O. Box 490. 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Shiely park land offer continued Page 2 . included in this packet, points out the option of purchasing this land to keep park dedication opportunities in the future open. At their August 29, 1994, meeting, the City Council also directed staff to negotiate the specifics of accepting Shiely's offer. To that end, staff makes the following points: a. At Monday night's meeting, staff will have available a copy of an aerial photo showing the rough boundaries of the 50 acres Shiely is proposing to dedicate. Staff recommends that it is Shiely's responsibility to create the legal description and survey the boundary of the 50 acres. Staff will review the survey provided by Shiely's to make sure that it encompasses the area the City is trying to preserve and does not interfere with a possible east/west road corridor in this area. b. At Monday night's meeting, staff will have available an aerial photo showing the approximately 37 acres that the City would like to gain first right of refusal on at this time. Hopefully, in the future the City can negotiate a purchase agreement or option on this property. Staff recommends that it is Shiely's responsibility to prepare a legal description of this parcel also. . c. Shiely's proposal is that the 50 acres that they dedicate as park now is in lieu of future park dedication on 500 acres. Shiely owns 380 acres, south of County Road 33; all of which they are proposing park dedication be forgiven on. This means that 120 acres north of County Road 33, that has park dedication forgiven, will need to be identified. At Monday night's meeting, staff will have aerial photos of 3 parcels north of County Road 33 that we recommend are the 120 acres for which park dedication fees are forgiven. Staffs recommended parcels north of County Road 33 are spread out so that no large area is left without the potential for a park. There is still the potential for approximately 44 acres of park land to be dedicated, north of County Road 33. Staffs preferred option would be that the parcels north of County Road 33, with forgiven park dedication, are identified by the City at a future date, when park planning for the area is complete. d. Staff recommends that it is Shiely's responsibility for paying the taxes owned on the 50 acres, and for all closing costs. Staffs rational is that these are costs the City would not incur, if this park was dedicated through a plat. . ccparkSRlcc Shiely park land offer continued Page 3 . e. Staff recommends that Shiely provide the City with a title opinion for the parcels the park would be created from, and a warranty deed for the 50 acre parcel. f. Staff recommends that it is the City's responsibility to draft an agreement regarding future park dedication. SUMMARY Staff has gone over the above mentioned stipulations with Bob Bieraugel, from the Shiely Company. Bob will be at Monday night's meeting with Shiely's final decision on these stipulations. If the Council also agrees with the stipulations, and indeed the concept of gaining this 50 acres through park dedication versus a purchase, staff will close the deal. . . ccparkSRlcc I ~\( ( i! IIi{ River MEMORANDUM TO: MAYOR AND CITY COUNCIL SUBJECT: PAT KLAERS, CITY AD~TOR SEPTEMBER 15, 1994 'V' SHIELY PARK DEDICATION OFFER FROM: DATE: For complete details on the Shie1y park dedication offer, please the attached material and report from Steve Rohlf, Building and Zoning Administrator. In line with how the Shiely Company has always dealt with Elk River, this very cooperative offer provides the City with an opportunity to address one of its open space and park concerns. . Everyone agrees that this 50 acres in question should be preserved and obtained by the City for park purposes. The only concern I have with the opportunity to preserve this area is with the method being proposed. I believe that the City should seriously consider purchasing some of this land and not use the park dedication approach for the entire 50 acres. This is different than the recommendation from the Park and Recreation Commission and different from the offer from the Shiely Company. Steve Rohlfs approach to finalizing the land transaction is valid regardless if 30 or 50 acres is accepted through the park dedication method. The Park and Recreation Commission indicated that they did not believe that they will need a park in the remaining developable area that would be applied against this 50 acre park dedication offer; and they may be correct. One example of the lesser need for parks in large lot subdivisions are the Greenhead Additions in this vicinity. However, the Greenhead Additions have lots that are larger than 2\1, acres per lot. Accordingly, the need for parks in the future developable area may be questionable, especially if the situation changes in 15 years and this area were to develop with municipal sewer and water. . Even if everyone accepts the premise that no additional park land is needed in the future in this vicinity for neighborhood parks, we still have to consider the revenues that would be generated by the 450 remaining acres based on park dedication rates in 15 years. Once again, this is especially true if the development occurs with municipal sewer and water, and the number of units turns out to be one house every one-half acre versus one house every two and one-half acres. Our park dedication amount is based on the number of housing units. It is conceivable that this revenue in the future may be more valuable to the City for park development than current dollars are to pay for all or part of 50 acres. P.O. Box 490 . 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 . Staff received direction from the City Council on 8/29/94 to proceed with finalizing this offer from the Shie1y Company. As everyone knows, staff has been a little busy in the last few weeks with the Western Area Phase II improvement project and the budget process, and I personally have only had the opportunity to talk with the Shie1y Company representative, Bob Bieraugel twice. In the CUP application, this proposed 50 acre park area is in a buffer zone and we should confirm the understanding that the City would purchase this property or accept it as park dedication. If purchased, where the funds would come from for this purchase would have to be decided by the City Council. The source of funds would be partially determined by the purchase method; i.e., cash at once or contract for deed for five years. This park decision will have an effect upon the City for many years to come and we may simply need more than a few weeks to evaluate and consider this offer. Once again, the City sincerely appreciates the Shiely Company's approach to dealing with us and their offer to help address some of our concerns. Furthermore, we appreciate the offer to look at additional property in this area to enhance our park environment. Nonetheless, ~ park dedication is deemed the best approach by the Council on 9/19, we may need some additional time to evaluate the entire situation. On the other hand, if the Council decides to use the park dedication method now to obtain control of all or part of the 50 acres, please see Steve Rohlfs memo for details on this transaction. . s:council:shiely2 . Park & Rec 7.13 minutes Continued Page 3 . could be brought up after discussion regarding Park Land on Shiely's property. 4.5 EDA Site on Main Street Chris Leesberg showed the Park and Recreation Commission three possible ways of developing the EDA Main Street site into a City Park. It was the consensus of the Park and Recreation Commission that the option showing a courtyard area, level with Main Street, dropping off to a grass amphitheater, was the preferred option. Further discussion included the ability of changing the grass amphitheater into a concrete amphitheater in the future, if the demand for use was sufficient. A specific plan for the development of this area should be developed by staff for the Park and Recreation Commission's review and the site being extended to the banks of the Mississippi River should be considered. . COMMISSIONER DALEIDEN MOVED TO RECOMMEND THAT THE EDA SITE ON MAIN STREET BE PARK AND FILLED WITH DIRT TO START THE PROCESS OF DEVELOPING THE GRASS AMPHITHEATER OPTION PRESENTED, WITH DETAILED PLANS BY STAFF TO FOLLOW. COMMISSIONER DANA ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Discussion of Potential Park Land From Shielv Prooertv Mike Niziolek started the discussion and indicated that the oak woods in the southwest portion of Shiely's property was a mesic oak forest; which is a dry oak sub type. Mr. Niziolek also indicated that another unique feature of the property is that there is a 155 ft. elevation change from one end to the other, and it would make an excellent east/west corridor for a trail system entering Woodland Trails Park. Bruce Pearson indicated that he was part of a sub committee from Ridgewood, dealing with Shiely's on their proposed mining operation. He indicated that Shiely's were cooperative regarding the possibility of dedicating this woods as park now in lieu offuture park dedication. He urged the Park and Recreation Commission to recommend that this land be obtained as park at this time. . Stephen Rohlf added that the mesic oak forest spoken of was classified as threatened by the DNR. Further, the Park and Recreation Commission will need to look at the big picture of the entire City to see pr7-13-minutes . Park & Rec 7-13 minutes Continued if adding land to Woodland Trails Park fits into the City's overall plans. He made the point that the City cannot require Shiely to dedicate land through a conditional use permit, but only through a sub-division_ Also, taking the land now would forego future park dedication on property that is proposed to mined over the next 50 years. So deciding to take land now affects the long term. He encouraged the Park & Recreation Commission to at least recommend that the woods be left out of the mining operation so it would not preclude it being dedicated as park in the future, and that the edge between the woods and the mining should be left uneven so it did not look like a clear cut. Page 4 Commissioner Olson indicated that he was in favor of getting the land to make a bigger wild park in the center of the City; a sort of central park as Mr. Pearson indicated. Commissioner Rolfe Anderson was not against getting the woods as park but was concerned with future neighborhood park needs that might be foregone, if the entire park dedication is taken from this woods at this time. It was the consensus of the Park and Recreation Commission to table this item until there regularly scheduled meeting to be held on 7110/94, starting at 7:00 p.m., at Elk River City Hall. . Discussion with Jeff Asfahl. Area Park and Recreation Coordinator Mr. Asfahl discussed the summer co-op program and the need to identify capital improvements, including equipment and maintenance, that is needed in Oak Knoll Park. He further discussed the possibility of a family hayride that would start from the Community Education building and end at Woodland Trails. The need to talk to other communities regarding athletic facilities and advertising the existence of Woodland Trail Park in the City newsletter was also discussed. The Park and Recreation Commission asked Mr. Asfahl to come up with a list of youth program needs and other capital improvements. Further, they asked Mr. Asfahl to look into fixing the varsity baseball field fence which is too high off the ground. 5. Discussion of Tobacco Free Status of Oak Knoll Park The Park and Recreation Commission discussed the fact that Oak Knoll Park is partly a school facility, and school grounds are typically tobacco free. . pr7-13-minutes 08/18/94 08:25 ~~ 612 683 8108 SHIELY CO. I4i 001/001 . - - Shiely Shiety Company 2915 Walers Rd., Suite 1 05 Eagan, MN 55121 (612)683-0600 Fa>: (612) 683.8108 August 17,1994 Mr. Steve Rohlf Building and Zoning Administrator City of Elk River 720 Dodge Avenue Northwest Elk River, Minnesota 55330 Dear Mr. Rohlf: SUBJECT: Shiely Company Mine Proposal The Shidy Company has been approached about participating with the city in the development of a park along the southerly and possibly the westerly boundaries of the company's property in Elk River. We are very interested in this type of cooperative venture in all of our communities. . As you may know, we have already volunteered use of our property for the local biathlon training course. This is something that we have done through the auspices of the Boy Scouts of America and the local chapter of the U.S. Biathlon Association. This arrangement has been a winner for all parties involved. We would like to continue this type of community involvement. In light of the very keen interest in preserving the old growth oak forest in the southwesterly corner of the company's property, the Shiely Company would like to donate 50 acres in that area for parks purposes. We propose that the city take this acreage in lieu of park dedication at the time of development. This donation would be credited against the requirement for 10% land dedication at the time of development, taking the 900 acres as a whole. In other words, an additional 40 acres remains for dedication on the northern property. In addition to this CUfTent donation, if there is interest in expanding this park area, we would be happy to consider other ways in which the city could acquire additional park space. If you have any questions or would like to discuss any of this further, please call me at 683-8122 or Bob Bieraugel at 683-8123. Thank you. Sincerely, ~d-L- T PJ.u~- . Jonathan WiImshurst Vice President, General Manager CELfdillt]ING (Ui\U1 YEARS! Park & Rec Minutes Continued s118ht( Page 2 . ROLFE ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.3 Consider minutes from 8/3/94, special meeting of the Park and Recreation Commission COMMISSIONER ROLFE ANDERSON MOVED TO TABLE THESE MINUTES BECAUSE THEY HAD NOT BEEN PREPARED YET. COMMISSIONER O'BRIEN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item 5. Update of EDA Site Discussion pursued regarding EDA site in downtown Elk River and the fill that was being brought into that area. Commissioner Dana Anderson suggested that a new name be given to this site. . At this time Stephen Rohlf distributed a letter from Economic Development Coordinator Bill Rubin, dated August 18, 1994. In Mr. Rubin's letter, he addressed an issue related to the downtown EDA site regarding the proposed river walk. In his letter, Mr. Rubin suggested to the Park and Recreation Board they recommend to the City Council that $17,000 dollars worth of park funds to match the HRA's contribution, be placed in a fund to study and possibly do improvements to this river front trail. Mr. Rubin also suggested that two representatives from the Park and Recreation Board serve on a committee to be established, regarding this project. It was the consensus of the Park and Recreation Board to have Mr. Rubin at their September 14th meeting to discuss this issue further. 6. Discuss Shielv Land Use Chairman Dave Anderson introduced this item. Chairman Anderson explained that Shiely is proposing to mine approximately 200 acres of a 380 acre site, south of County Road 33. He further indicated that a portion of Shiely's property was classified as "threatened" by the DNR. This portion was an old growth oak forest. . At this time Stephen Rohlf distributed a letter dated August 17, 1994, by Jonathan Wilmshurst of the Shiely Company, indicating their pr8.18/minutes Park & Rec Minutes Continued 8/'8h~ Page 3 . interest in dedicating 50 acres of this old growth oak forest for park purposes in lieu of a portion of their future park dedication. In his letter, Mr. Wilmshurst also indicated that they would be happy to consider other ways in which the City could acquire additional park space. Mike Niziolek presented the Park and Recreation Board with a map showing a proposed boundary for the 50 acres that would encompass the majority of the old growth oak forest. On his map, Mr. Niziolek had a boundary showing additional land that would be considered high priority for the City to purchase. . At the request of the Park and Recreation Board, Stephen Rohlf explained possible negatives with this offer. Mr. Rohlf explained, that if an east/west road corridor dividing Shiely's land south of County Road 30 was ever constructed, Shiely's property would logically be in two different park service areas. This would be presuming that Shiely's property was earmarked for sewer and water development, and therefore needed neighborhood parks. The problem with Shiely's property, south of County Road 33 , being divided into two park service areas, would be that the park dedication for that area would already have been granted and opportunities for any further park would be limited. Commissioner Dana Anderson indicated that he was in favor of the proposal because it acquired land that was a suitable and logical extension of Woodland Trails. Further, it did not forego all future park dedication and left options open for further park dedication on Shiely's property. COMMISSIONER DANA ANDERSON MOVED TO RECOMMEND TO THE CITY COUNCIL TO ACCEPT SHIELY'S OFFER OF 50 ACRES, AS IDENTIFIED BY MIKE NIZIELOK, AND TRY TO NEGOTIATE A PURCHASE AGREEMENT ON THE REMAINDER OF THE LAND THAT WAS IDENTIFIED AS HIGH PRIORITY BY MR. NIZIELOK. COMMISSIONER O'BRIEN SECONDED THE MOTION. THE MOTION CARRIED 5-0. At this time the Park and Recreation Commission thanked Mike Nizielok for his efforts and the other citizens of Ridgewood that participated. . pr8-18/minutes Planning Commission Minutes August 23, 1994 Page 10 .... Ul?4Fi . B. CITY STAFF WILL FACILITATE MEETINGS BETWEEN REPRESENTATIVES OF THE RIDGEWOOD AND GREENHEAD NEIGHBORHOODS AND SHIELY TO DISCUSS ISSUES ON 6/1/95, 8/1/95 AND 10/1/95. SHIELY WILL FACILITATE FUTURE MEETINGS AS NECESSARY, BUT THESE MEETINGS WILL BE HELD A MINIMUM OF TWICE A YEAR ON MARCH 1ST AND AUGUST 1ST. THE CITY WILL BE INVOLVED IN THESE FUTURE MEETINGS ONLY IF REQUESTED BY EITHER PARTY. 24. APPROVAL OF THIS PERMIT IS SUBJECT TO THE SITE BEING REZONED TO ME/MINERAL EXCAVATION OVERLAY DISTRICT, COMMISSIONER MINTON SECONDED THE MOTION. Commissioner Kreger commented that he disagreed with the condition regarding road improvements to County Road No. 33 must be done prior to any hauling being allowed. Commissioner Kreger stated that limiting the amount of truck traffic would be unnecessary if the City limited the voiume that could be taken out of the pit this season. THE MOTION CARRIED 5-0. Commissioner Kreger stated he would abstain from discussion and voting on this issue due to a conflict of interest and removed himself from the table. . Staff report presented by Steve Rohlf. The City is initiating a zone change to "Mineral Excavation Overiay District" on most parcels identified in the EIS on mineral excavation. Chairman Tveite opened the public hearing. Mike Niziolek, explained naturally significant lands and the proposed land dedication. Rolf Anderson, representing the Park and Recreation Board, informed the Planning Commission that the Park and Recreation Board recommended this land be accepted in lieu of some portion of Shiely's future park dedication fees. COMMISSIONER KREGER MOVED TO RECOMMEND THE CITY COUNCIL ACCEPT SHIELY'S OFFER OF LAND DEDICATION IN LIEU OF PARK DEDICATION FEES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Park and Recreation Board issues will be before the City Council on Monday, September 29. 1994. The zone change request will not be before the City Council until October 17, 1994. Bruce Pearson, 19874 Watson, stated that he gave Steve Rohlf a copy of a land trust document and suggested the City use this type of mechanism to acquire additional lands for the City. . . \\ ...~ I 317Tl1 ..... '" . -- ~~ ! .J .' . --, -it ., \ \ ~ I I r " \ .,' ,.' ~::t'~..i. .:;",; e Wk'!.I~ Vt, iA~j-J!, f&;JZ~ J'~~ /~1'~~'~,'~~ ;fzA,.'~~,,1 / /"'~~ "-- i ~.~. ,',l.../ ~" (j-- '"'\' ............ $ II -~~ '.........,-~. .,', . ~ __~'_ /. 1~~:..::=::=::: SHIELY PROPERTY : , . , ~, ,....' l' '.,M F t ,,,.. ,....--- \i \ \ \ .\ '\ \ 01.110 I! \ ;; I I r I , I- I !'l1T" _ miOl:l. J' " - ! . . . City Council Minutes August 29, 1994 Page 4 ~ entrance. He stated that this proposal colis tor the driveway onto Jackson Road to remain in the location that was opproved on the development plan for the Super Torget concept. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE SUBMITTED DEVELOPMENT PLAN WHICH IS WITHIN THE SPIRIT AND INTENT OF PREVIOUS PLANS APPROVED FOR ELK PARK CENTER PUD. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Consider Shielv Comoany oork O1ooosal Steve Rohlf. Building and Zoning Administrator, stated that the Shiely Company has made an offer to the City of Elk River to dedicate approximately 50 acres of pork land in lieu of future park dedication fees. He further indicafed that the 50 acres of land is located in an old growth oak forest. Steve Rohlf indicated that the oak forest extends beyond the 50 acres and Shiely is open to negotiating an option for the City to purchase this additional porcel. . . Mr. Mike Niziolek explained that fhere ore very few oak forests remaining in Elk River and requested the Council to consider acquiring an additional 30 acres in order to retain the oak forest. Mayor Duitsman indicated that the proposed park land may interfere wifh the City's overall transportafion plan. Councilmember Scheel indicated fhat she does not want to be obligated to purchase the additional 30 acres because of the 50 acre pork dedication. . The City Attorney suggested that the City not accept the land if there is a possibility of a road going through pork dedicated property. Steve Rohlf suggested that the Council accept the concept of the 50 acre pork and let staff work out the details. COUNCILMEMBER HOLMGREN MOVED TO PROCEED WITH FINALIZING THE PLANS FROM SHIELY FOR 50 ACRES OF LAND IN LIEU OF PARK DEDICATION AND TO DIRECT STAFF TO CONSIDER A TRANSPORTATION CORRIDOR THROUGH THE PROPOSED AREA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Consider resolution for MnDOT /Citv Landscaoina orooram for Hiahway 10 This issue was tabled until later in the meeting. 5.5. Uodate on 8/25/94 storm and review of Citv Clean uo oroaram This issue was tabled until later in the meeting.