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05-05-2014 Park Commission Packet
AGENDA CITY OF ORONO PARK COMMISSION Monday, May 5, 2014 at 7:00 pm 2780 Kelley Parkway — Council Chambers OLD BUSINESS 1. Update / Recap - Navarre Playground Cleanup & Plantings 2. Englund Memorial Plans 3. Discussion on Park Maintenance Standards 4. Commissioner'Adopt-A-Park' Assignments 5. Park Commissioner Recruiting NEW BUSINESS 6. (Per Chair request) Review Park Dedication Process, Fees and Use of Funds Attachment: Staff memo & Exhibits of 5/29/12 (Per Chair request) Review Restrictive Covenants and Agreements for Various Parks Attachments: - Saga Hill Covenants - Lurton Park: "Post -closing Agreement" - Seven Nations Park Background - Navarre Fire Station Property - Resolution - Bederwood Park: OBA Agreements - Casco Circle: 1997 Parks inventory Excerpt 8. (Per Chair request) Paid Part-time Park Keepers 9. (Per Chair request) Explore Interest for More Active Uses in Crystal Bay Park 10. (Per Chair request) Donation Policy Discussion Attachments: - State Statute - Sample Park Donation Policies 11. Gear West Tree Planting Project 12. Other ADJOURNMENT U � a b a rc ti m 6 F O rn 3 z@06 55 s 4 r 11 1 U Q p a€€ z m m m z a.2' 3 a i a$ co e O a Ec CL U � � � 3g 848 �2 Ey1 t Q 9 w� o Zm� o oo a 0 z o 9 88 I C o _ $_ W a _g x o 0 IT n v a �— _ pp\ � ✓yam �/� ; �.� — 'aa nwi\lnnxmou i a I wnos - —� I Atl9l151R � I P� 0 All � m i 0 C6 0 A o � E a ai yo c a > 0� U)O m .� O LU 1 _ O n ° U W I U) m L 9 p UI CL ` E, o E "� Q U J yC 1 a I != J 0 p �9 I ss ! B I Ii I p p 1 9 —�• i 1 I x �s. 1 ' 41 n I i o 1 esxe �bo�. 1' `NI I S z -I nai ollvA xlnos �� � —3 o 1Itl111lVN I93y IIN11 h 3]N34N3d3ON13MVl 9 �? � k LL f �jy a c m t ilrj fl e �J "r a V` d ypP REQUEST FOR COUNCIL ACTION DATE: April 28, 2014 ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name Jesse Struve Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Proposed Memorial in Navarre Park Exhibits: A. Proposed Memorial Landscaping Project in Navane Park B. Location Map C. Resolution of Acceptance of Donation Last fall, staff was contacted by Jeanne Englund about placing a memorial for her late husband in Navarre Park. There were different ideas discussed including a bench, flag pole, and a row of lilacs with a memorial rock. Ultimately Ms. Englund decided she wanted to pursue installing some lilacs with a memorial stone (see Exhibit A). The majority of the northern limits of Navarre Park have privacy fences on the neighboring properties, but there is a gap in the fence just north of the playground. The project will consist of filling in this gap with lilac bushes and mulch. The proposed project will provide a buffer between the park and a residential property and will provide a visual barrier where vehicles are parked at the residence. While the bushes may be beneficial to the park, the council should consider some of the consequences of allowing a personal memorial on City property. Staff is not aware of another instance where a private resident was allowed to install a personal memorial on City Property. There are also no ordinances which govern this sort of request. The main concerns the Council should consider with the request are: 1. What are the long term consequences of allowing this sort of project to move forward? a. What happens if the bushes die? Is the City required to replace them at the City's expense? b. What happens if a future council decides to change the characteristics of the park? Can the City remove the bushes in the future? Do the bushes have to stay indefinitely? c. Does the City want to have an ordinance in place that governs what is allowed on City Property similar to Tonka Bay or others Cities? 2. Does the City want to allow a memorial stone on City Property? a. Tonka Bay does allow for gifts similar to this but they do not allow memorial - -- ----- -- stones.--T-he-message-is-encouraged-to-be-about the -site -or -an -uplifting message. - b. What happens if the stone is stolen? Is the City required to replace? 3. What process should be followed for future requests? a. Should this go before the Park Commission for comments prior to the City Council taking action? COUNCIL ACTION REQUESTED: Provide feedback about the proposed project and provide staff direction as to how to proceed and if the Council wants to accept the proposed donation; consider a motion to approve the donation as outlined in Exhibit A. NORLINGS Lake Minnetonka Landscapes, Inc. Spring Park, MN 55384 Phone(952)471-0255 Fax(952)471-1181 April 1, 2014 Dear Mr. Meyer, Included you will find the estimate for the Landscape Construction and Planting Plan and promotional materials. Please %onaact mc you wvc any C{i.icsuvna orrequests, or ii you wvulu like to 58E this w w isrcu ly. Thank you for the opportunity to work with you. Sincerely, Emily Norling Landscape Designer Enigy@nQdiMs.net 952-471-0255 a Professionally serving commercial and residential communities since 1974 IORLING'S LAKE MINNETONKA LANDSCAPES, INC. P. O. Box 361, Spring Park, MN 55384 ON of Orono (952) 471-0255 Fax (952) 471-1181 3750 Kelley Parkway Orono, MN 55356 RE: Navarre Park April 1, 2014 Based on site measurement and inspection, we propose to furnish and install the following: LANDSCAPE CONSTRUCTION 9 Plant bed installation: Removal of invasive plant species, clean up of brush (as necessary), turf removal, soil exchange and amendment. 4 Plant bed installation: Installation of poly rubber edging, landscape fabric, (for low maintenance care and upkeep.) LANDSCAPE PLANTINGS 0 ( 9 ) Syringa Vulgaris, Common Purple Lilac 0 ( 6 ) Syringa Vulgaris,'Alba' Common White Lilac $ 835.00 $ 538.00 $ 612.00 Landscape Construction & Planting Total: $.2,393.00 COST PLUS ITEMS (IF APPLICARM ■ Product and installation of (3.5) cubic yards, Western $ 358.00 Cedar mulch ■ Haul and disposal of debris ' $ 38.00 per cu. yd This proposal reflects a job using quality materials, workmanship performed at a high standard, Complete clean up.. This proposal does not include underground Irrigation customization, installation. This proposal does not include the mam enance of seed, sod and plantings in general. It IS important to have a schedule/performance In effect immediately after project completion. This proposal does not include underground utility line relocating or added labor hours working around underground utility lines resulting in job delay. Emily Norling Professionally serving commercial and residential communities since 1974 t F r4t r'� a A. m m z m m m� O C(� m m I k Oo p, am A RESOLUTION ACCEPTING A DONATION FROM JEANNE ENGLUND WHEREAS, The City of Orono is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and and WHEREAS, Jeanne Englund. desires to make a donation of $2,393 to the City; and WHEREAS, the donation is for landscape construction and plantings at Navarre Park; WHEREAS, The City Council finds that it is appropriate to accept the offered donation. NOW, THEREFORE, BE IT RESOLVED BY the City Council of Orono, Minnesota that the City acknowledges and accepts the donation from Jeanne Englund for landscape construction and plantings at Navarre Park. ADOPTED this 28th day of April 2014, by the City Council of the City of Orono, Minnesota. Approved: Lili Tod McMillan, Mayor Attested: Rachel Dodge, City Clerk MEMORANDUM Council Work Session 5/29112 To: Mayor and Council Jessica Loftus, City Administrator From: Mike Gaffron, Asst. City Administrator Date: May 23, 2012 Subject: Park Dedication Fees - Review & Analysis Attachments A - 2011 Park System Analysis for Establishing Park Fee B - Orono Code Section 82-227 (Park Dedication) C - Orono 2012 Fee Schedule Excerpt re: Park Dedication D - Minnesota Statutes 462.358 Subds. 2b and 2c E - Orono Park System Map F - Orono Comprehensive Trail System Plan Background Minnesota Statutes 462.358 Subd. 2c(a) requires that cities imposing park dedication requirements as part of the subdivision process must show an 'essential nexus' between the fees being collected or land dedication being required and the municipal purpose sought to be achieved by the fee or dedication. The fee must bear a rough proportionality to the need created by the proposed subdivision or development. Orono established such a rationale and basis for its park dedication fees in 2001. This rationale has not been reviewed since December 2001. Many of the assumptions behind the rationale may have changed in the past 10 years. Additionally, some of the projected Park acquisitions in 2001 have come to fruition, while others may no longer be appropriate for further consideration. For that reason, the attached analysis is provided as an update and to generate discussion as to whether any revisions to the Park Dedication ordinance are warranted. COUNCIL ACTION REQUESTED While staff does not propose any specific revisions, the information provided is intended to generate discussion regarding the City's potential future park desires and needs, as well as the current Park Fee cash requirements. MINUTES OF THE ORONO CITY COUNCIL WORK SESSION Tuesday, May 29, 2012 5:30 p.m. Present: Mayor Lill McMillan, Council Members Doug Franchot and Aaron Printup; representing Staff were City Administrator Jessica Loftus, Assistant City Administrator for Long Term Strategy Mike Gaffron, Finance Director Ron Olson, City Clerk Lin Vee, Public Works Director/City Engineer Jesse Struve and City Attorney Soren Mattick. Council interviewed Christopher McGrann to fill vacancies on the Planning Commission as a regular or alternate Planning Commission Member and reviewed the interviews that were held with Tom Frahm and Bruce Lemke at the May 14, 2012 Council work session. Council discussed the list of interested representatives to the Project Advisory Committee (PAC) for the CSAH 112 (old Highway 12) Turnback Committee. Loftus will submit a list of residents and representatives of Orono businesses to Jim Grube at Hennepin County, which includes Juan Cristiani, Gary Wilson, Richard Wysocki, Stuart Ackman, Cheryl Klinkhammer, Justin McCoy and Jeanne Mabusthty-, Sturve provided background information regarding a curb complaint at 1386 Rest Point Road. Council and staff agreed to support the recommendation of the Public Works Director/City Engineer as stated in his memo dated May 24, 2012. A written response will be provided to the complainant. affron outlined the rationale and basis for park dedication fees that were established in 2001. Based on Council discussion of potential parkland acquisitions and improvements, the "Park System Analysis for Establishing Park Fee" will be updated as of 2012. Council agreed to continue with the current method for determining park dedication fees as defined in the Park Dedication ordinance. G . Council briefly discussed the current process of the Local Board of Appeal and Equalization vs. the Open Book Meeting which is held by the county assessor's office. It was the consensus of the Council to continue with the Local Board of Appeal and Equalization process. Prior to the 2013 Local Board, at least one Council Member who will be in attendance at the meeting will be required to attend training. There were no comments regarding Information Update items. The meeting closed at 6:55 p.m. FINEMAN Linda S. Vee, City Clerk Lili Tod McMillan, Mayor N Park System Analysis for Establishing Park Fee (December 2001 Analysis updated to November 2011) Orono's park dedication ordinance calls for park dedication associated with new subdivisions to be 8% of the land. When the Council determines that land is not necessary, a fee in lieu of land dedication is collected at a rate of 8% of the pre -development fair market value of the land. The City has established minimum and maximum park dedication fees (set by Council resolution) to account for situations in which property values would result in excessively low or high per-unit fees. The minimum and maximum park dedication requirements for residential property since 1999 have been based on the proportionate share of the ultimate cost of the City's park system to be borne by new residential development. This policy was established to ensure that a rough proportionality is maintained between the park dedication fees charged for new residential development and the impact of that development on the park system. The basic premise is that the ultimate cost of a completed park system should be apportioned equally between present and future residents; i.e. if the City is at 2/3 of full development, then the 1/3 yet to come should pay for 1/3 of the ultimate cost of the park system. An initial valuation of the Orono park system was done in 1997, and updated in 2001. At that time the City Council also created a list of planned future acquisitions and improvements to the system (see Table 1 attached). Based on the existing value and future cost estimates, staff calculated the proportionate share of the projected cost of the City's park system to be borne by new residential units. As of December 2001 this was an average of $4,630 per projected new dwelling unit. The calculation of that amount was based on the accompanying table of proposed acquisitions, and summarized as follows: 2001 Summary 1997-1998 Existing Parks Value (x 1.10 1998-2000 Value Increase x 1.07 2001 Land Value Inflation Factor) $ 6,474,000 Added Parks Land/Items Since 1997-98 1,966,000 Subtotal - Existing $ 8,440,000 Total Property Acquisition Intended Expected Park Development/Improvements " Trails " " $ 5,874,000 (December 2000 value x 1.0375**) 799,000 ( ) 3,424,000 Subtotal - Future $ 10,097,000 Total Projected Parks Value $ 18,537,000 **Estimated average CPI inflation factor for December 2000 to December 2001 Dwelling units at full development per 2000-2020 CMP 3,990 Current dwelling units per 2000 Census (2766 households / 95.1 % occupancy) 2,909 Number of future dwelling units to be added 1,081 Projected # dwellings to be added is 1081/3990 = 27% of total projected dwellings. The added 27% of dwelling units should pay 27% of the projected value of the City's park system. 27% of $18,537,000 is $5,004,990. ____$5,004,990 to_ be_paid _b_y_1,081_ dwelling -units _is_$4,630_per_unit__— __ November 2011 Park Fee Analysis Update P. 2 2001 Ranee Establishment Because of the vastly differing land values in Orono, the application of the general 8% park dedication requirement would result in properties with lower values paying less than the $4,630 average and properties with higher values paying more than the $4,630 average. The Cash Contribution was established at the fair market value of the 8% of land that would have otherwise been contributed. The establishment of a minimum and maximum park dedication fee amount is needed to address the requirement for rough proportionality between the park dedication fee and the impact of residential development on the park system. The initial differential from the average was set in 1998 at plus/minus $1000 or approximately ±25%, yielding a range of fees from $2,900 to $4,900. In December 2000 the average value was $4,428 per unit and, with a range of $3100 minimum to $5300 maximum per dwelling unit, or 70% to 120% of the $4,428 value. The equivalent scenario for December 2001 (incorporated into the 2002 Fee Schedule) was (0.70 x $4630) to (1.20 x $4630) or a range of $3250 minimium to $5550 maximum per dwelling unit. This represented an increase of approximately 4.8 % over the then current fee range, falling between the 3-4% inflation rate and the 7% increase in value of non-lakeshore lands. 2011 Analysis & Update The core basis for establishing a rough proportionality between the park dedication fee and the impact of residential development on the park system has not changed since 2001. It remains the City's philosophy and policy that the currently -existing park system has been paid for by the existing population, and the proportionate share of the projected cost of the City's park system to provide for future needs for park development as a result of future population increases should be borne by new residential units. Orono's Park Dedication Fees have not increased since 2002. Factors to be taken into account in this update include additions to the Orono park system since 2001; changes in value of the existing system over time; changes to future projected acquisition costs; revisions to the Parks CIP relative to acquisitions; and revised population projections as established in the 2008-2030 Orono Community Management Plan. Park System Additions. The following are additions to the Orono park system since the 2001 Analysis: 1. In 2004 the City acquired Lot 63, Tonkaview Gardens as an addition to Saga Hill Park that contains a portion of the ravine area, in exchange for Lot 58, Tonkaview Gardens, which abuts Wildhurst Trail. This was essentially an even exchange, in which the City benefitted by gaining control of the environmentally -sensitive ravine area and eliminating the potential need to allow a driveway access to be developed in Garden Lane to serve Lot 63 if developed residentially. Because Lot 58 abuts Wildhurst Trail, the costs of an excessively lengthy driveway could be avoided by the private owner. No dollar -value attributed to this exchange. 2. In 2005 the City purchased the Big Island Veterans Camp via a financial package that included $1.4 million in available City park funds, $1.6 million in Orono HRA Public Project Revenue Bonds, a $2 million grant from the State of Minnesota and $850,000 from the Minnehaha Creek Watershed District in exchange for a conservation easement over the property. Total direct outlay - — --by the -City -was -$3 000;000. Value of the—acquisition-in-2005-was-$5 850 000. 3. In 2003 approximately 1,900 lineal feet of public trails were developed within the Stonebay residential/commercial development, with an approximate value at that time of $38,000. Approximately 1,500 lineal feet of public trail remain to be constructed within Stonebay, at a current (2011) estimated cost of $25 per lineal foot or $37,500. November 2011 Park Fee Analysis P. 3 Current Park System Valuation. The value of the existing Orono park system was established in 1997 at $5,500,000. Inflation factors of 1.10 for the period 1998-2000 and 1.07 for the period 2000- 2001 had increased this to $6,474,000 by the end of 2001. Attached is a table (see Table 2 attached) listing the various properties that make up the Orono Parks system, their acreage, and the Hennepin County Assessor's 2010 `Market Land Value' of each parcel (on a regular basis the Assessor assigns a valuation to all tax-exempt property in the county). Also included are the date and method of acquisition of each property, as well as the price paid at the time of acquisition (these have not been adjusted for inflation). The total valuation of existing City -owned park and undesignated open space land in Orono as of 2010 was $32.9 million. This figure includes three large `undesignated' land parcels that contribute to Orono's open space holdings but have not been designated as "Parks", totaling 86 acres with a valuation of $4.4 million. The figure does not include the various City beaches and lake accesses that are within dedicated road rights-of-way, as the Assessor does not assign a value to public right-of-way. Additionally, the value of the existing 6.2 -mile City trail system is estimated at $990,000 based on the estimated replacement cost at $30 per lineal foot. Note that certain parcels in Table 2 marked "TF" were acquired by the City through tax forfeiture, and would revert to Hennepin County for disposal if the City chose to divest itself of those properties. Also note that many of the City's park properties were donations by Orono residents. Future Acquisitions. The following table is a 2011 update of Table 1. This table includes an updated estimate of costs of acquisition of land and/or easements for and construction of the City's planned trail system. The 2008-2030 Community Management Plan maps approximately 24 miles or approximately 127,000 lineal feet of planned public trails to be constructed in the future, the vast majority of which will not be installed as a result of future residential developments. The cost of right -of way acquisition and trail construction is estimated at $30 per lineal foot. Total estimated cost to complete the planned trail system is $3,800,000. Projected (Potential) Park Land Acquisitions as of November 2011 Property Total Acres Est. Price per Acre Total Cost Acres to be Acquired Est. Cost to Acquire 2011 Dayton property (Cry 6 g Orono border) 89 $100,000 $ 8,900,000 45 $4,500,000 Properties west of Orono Golf Course 16 $ 36,000 $ 575,000 16 575,000 140 Hackberry Hill - house/lot in park 0.53 $479,000 $ 254,000 0.53 254,000 Steinhafel property (Crystal Bay 60.5 $156,000 $ 9,459,000 25 3,900,000 Luce Line Access to Lowry Woods (145 Turnham Road, land & house 7.4 $ 73,000 $ 542,000 7.4 542,000 Bayside Road Access to Lowry Woods 1 $ 50,000 $ 50,000 1 50,000 Property east of Stubbs Bay Rd S. of RR back half of 3330 Watertown Rd) 25+ $ 20,000 $ 500,000 25 500,000 Camp Teko 18.3 $448,000 $ 8,200,000 18.3 8,200,000 Trail underpass CR 6/OCB Rd NA --- 300,000 --- 300,000 Neighborh'd Park near Hwy 12/OCB Rd 300,000 City Trail System Completion Varies Varies $ 3,800,000 Varies 3,800,000 -- --------- --—$-22;921;000- - - — Existing Park System Valuation 32900,000 Total Prdected Park System Valuation 1 $ 55,821,000 Council should review this list of potential parkland acquisitions/improvements and consider whether this list reflects current Council thinking. November 2011 Park Fee Analysis P. 4 Updated Population Projections. The 2008-2030 Community Management Plan estimates that at full development in 2030 Orono will have approximately 4,100 households. The 2010 U.S. Census determined that as of 2010 Orono had 2,826 existing households in 3,209 dwelling units. With a projected long-term average of 95% occupancy, it is estimated that at full development will have approximately 4,300 dwelling units and a population of 9,800 persons. 4,300 Total Projected Dwellings - 3,209 Existing Dwellings 1,091 Future Dwellings Projected number of households to be added is 1091/4300 = 25.4% of total projected dwellings. Potential Basis for Update of Park Dedication Fee. Under the `rough proportionality' concept, the added 25.4% of dwelling units should pay 25.4% of the projected value of the City's park system. 25.4% of $55,821,000 is $14,178,000. $ 14,178,000 to be paid by 1,091 dwelling units is $12,995 per unit Based on this formula, even if the City chose to spend $0 on future park acquisition, 25.4% of the projected (i.e. current) value of the City's park system is 0.254 x $32,900,000 = $8,356,600. $ 8,356,600 to be paid by 1,091 dwelling units is $7,660 per unit Comparison to Other Cities. Currently Orono's park dedication requirement is 8% of the land, or a fee between $3250 and $5550 per unit. The Association of Metropolitan Municipalities (AMM) biennially publishes a Municipal License and Permit Fee Survey. The 2011 Survey data for metro cities with population 2,500-10,000 indicates the average residential park fee (19 cities responding) is $2600 per unit, with a range of $1000/unit to $8000/unit. In terms of a percentage of land required, the average is 9.5%, with a range of 7.5% to 11 %. Discussion Question: Is a Park Fee Increase Warranted? Table 1: Projected Park Land Acquisitions as of --,December 2001 Property Total Acres Price/ Acre Total Cost Acres to be Acquired Est. Cost (12/2000) Est. Cost (12/2001) Note: All values adjusted upward since December 2000 analysis as follows: Lakeshore sites - 10% Non-lakeshore - 7% Note: Properties in bold strikeout are no longer available for acquisition, and not included in the totals Note: New additions to list are in italics Dayton property (Cty 6 @ N. Ferndale) 91 ac. $33,000 $ 3,003,000 45 acres $1,485,000 $ 1,589,000 Properties west of Orono Golf Course 142 ac. $ 5,500 780,000 70 acres $ 385,000 $ 412,000 Hackberry - house/lot in park 275,000 $ 275,000 $ 294,000 Kingsley Murphy property (Crystal Bay) Option - Purchase 49 plus house 25 ac. of Non-lkshr $82,500 $55,000 6,500,000 25 acres $1,375,000 $ 1,471,000 Luce Line Access to Lowry Woods 7 ac. $22,500 plus house 157,500 plus house 7 acres $ 275,000 $ 294,000 Bayside Road Access to Lowry Woods 1 ac. $ 20,000 ? $ 21,500 Property E. of Stubbs Bay Rd S. of RR 88 ac. $22,500 1,980,000 50 acres $1,125,000 $ 1,204,000 Camp Teko 18 ac. $192,500 3,465,000 -- -- -- Trail underpass at CR 6 and OCB Rd $150,000 $ 160,500 Neighborhood Park near Hwy 12 and Old Crystal Bay Road $250,000 $ 267,500 Hennessy property near Saga Hill Park $150,000 $ 160,500 Sub Total $5,690,000 $5,874,000 `zld�zl�TLLan�> Total Acres e ��� Price or Value per Acre Total Price or Value (12/2000) Total Price or Value (12/2001) Larson site in Navarre $200,000 $ 200,000 $ 214,000 Carlson site (Crystal Creek) 29 Ac. $15,000 ? $ 435,000 ? $ 465,000 ? Lurton site (Lake Classen area) 38.6 Ac. $20,000 ? $ 770,000 ? $ 824,000 ? Trails in Bancor site $ 60,000 ? $ 60,000 ? $ 64,000 ? Navarre Park Improvements $100,000 $ 100,000 $ 107,000 Saga Hill Park Access and Parking $ 30,000 ? $ 30,000 ? $ 32,000 ? Sohns Property in Navarre 2.24 Acres $200,000 (2000 Est.) $ 260,000* Sub Total $1,595,000 $1,966,000 *$235,000 purchase price plus $25,000 in site costs such as building and debris removal, etc. X N d o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 a � � 0 0 C a GOS P, (yN 1 W p a °�° �• PaAl • u rn "" U bu o °� a o w ° U x o ° N00 00 00 , 0 ^p >, � � , O >, ° °" � Cd .�!"' ,b .Y., .y.. 3. .:.:14 ti of .r�' = �° u N 0 0 0 U p U .. �. 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Parks and playgrounds, class 11 and III subdivisions. The following provisions apply to class II and III subdivisions: (1) Lands for public use. The city finds that when land is subdivided, including a planned residential development or a planned unit development, the resulting additional housing units or commercial/industrial buildings have an impact on the city's park system. Therefore, pursuant to Minn. Stat. § 462.358, subd. 2b, the city requires all persons, corporations or other legal entities that subdivide land within the city, as a prerequisite to approval of a lot division, final plat, planned residential development or planned unit development, to convey to the city or dedicate to the public, for use as parks, playgrounds, trails or open space, a given percentage of the land being platted or developed as specified in this section, such portions to be approved by the city. In lieu thereof, the subdivider shall, at the option of the city, pay to the city, for use in the acquisition, development or improvement of public parks, playgrounds, trails, wetlands or open spaces and debt retirement in connection with the foregoing, an equivalent amount in cash based upon the fair market value of the land to be developed. The form of contribution (cash, land, or any combination) shall be decided by the city council based upon the need and conformance with the comprehensive plan. The amount of the dedication requirement shall be roughly proportional to the impact of the subdivision on the city's park system. (2) Dedicated land requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for the public purposes listed in subsection (1) of this section. Factors used in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, drainage, geology, tree cover, access and location. (3) Land dedication minimum area. Subdividers shall be required to dedicate to the city for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the city council, as set forth below: a. In residential/agricultural/multiple residential zoned land, dedication requirement of eight percent of the land being platted or subdivided. The dedication required shall be roughly proportional to the projected impact of the proposed development on the city's park system. Because of the vastly differing land values in the city, the eight percent park dedication requirement could result in park dedication requirements that are either significantly greater than or significantly less than the amount which is roughly proportional to the impact of the proposed development on the city's park system. Periodically, therefore, the city will establish both a maximum and minimum park dedication amount per dwelling unit based on an updated projection of the cost of the city's park system and the proportionate share of this projected cost to be borne by new dwelling units in the city. This will be done by a resolution of the city council. b. In commercial/industrial zoned land, dedication requirement of eight percent of the land being platted or subdivided. The dedication required shall be roughly proportional to the projected impact of the proposed development on the city's park system. The city finds that the employees of commercial/industrial http://library. municode. com/print. aspx?h=&ctientID=13094&HTMRequest=http°/o3 a%2S%2f]ibrary.municode. com%2fHTM... 4/8/2014 Municode Page 2 of 3 developments in the city make use of the city's park system, particularly trails and natural areas. Because the city's park system is focused on trails and natural areas versus active community parks and ballfields, commercial/industrial employees use the city's park system in ways similar to city residents. Therefore, the commercial/industrial dedication requirement will be tied to the residential dedication requirement by determining the number of employees that is equivalent to a residential dwelling unit in terms of impact on the city's park system. Periodically the city will establish both a maximum and minimum park dedication amount per employee based on this determination and the determination of the residential dedication requirement as set out in subsection (3)a of this section. This will be done by resolution of the city council. C. Because the city's park system is focused on trails and natural open space areas, the city does not have a broad system of neighborhood parks. If a subdivision is planned to be served by a neighborhood park, this subdivision will receive a greater benefit from the city's park system than that received by the general population. Therefore, the maximum park dedication amount as determined in subsection (3)a of this section may be exceeded up to the full eight percent dedication requirement in the case of a subdivision that is planned to be served by a neighborhood park. (4) Cash contribution in lieu of lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The city shall account for such funds in a special fund named park dedication funds. These funds are to be used only for the acquisition, development and improvement of public parks, playgrounds, trails, wetlands or open spaces, and debt retirement in connection with the foregoing. (5) Fair market value of lands. Fair market value for purposes of this section shall be the land predevelopment value to be determined by the city council as of the time of preliminary plat application in accordance with the following: a. The city assessor shall recommend to the city council as to the fair market value of the land after consultation with the subdivider. b• If agreement is not reached between the city assessor and subdivider, the fair market value shall be determined in accordance with the following: Fair market value as determined by the city council based upon a current appraisal submitted to the city by the subdivider, at his expense. The appraisal shall be made by appraisers who are approved members of SREA or MAI, or equivalent real estate societies. 2. If the city disputes such appraisal amounts, it may obtain an appraisal of the property by a qualified real estate appraiser which the city council selects and which appraisal may be accepted by the city as being an accurate appraisal at fair market value. The cost of the appraisal shall be paid by the subdivider. C. The determination of fair market value of the undeveloped land by the city --assessor,-city-council-or-designated appraisers -shall -be -determined at the -time -- --- of preliminary subdivision approval, provided that there is final plat approval within the time limits as set forth in this chapter. The time of preliminary plat http://Library.municode.com/print.aspx?h=&clientlD=13094&HTMRequest=http°/n3 a%2f%2flibrary.mutiicode.com%2fI-ITM... 4/8/2014 Municode Page 3 of 3 approval is utilized because the nature of the subdivision, its probable population, lot size and value, and other relevant factors are known. If an extension of the time limits in this chapter is approved by the city council, the fair market value shall be determined as of the time of the approval of that extension. In determining the fair market value as of time of preliminary plat application, or its extension, the factors to be included in the analysis shall include any and all factors which are generally accepted and used by approved members of SREA or MAI or equivalent real estate appraisal societies. (6) Future subdivision. Any land which is further subdivided, divided or replatted or applied for such subdivision, division or replatting subsequent to May 1, 1990, shall be subject to the requirements of the ordinance then in effect concerning dedication of land for public purposes; and credit shall be given for any charges previously imposed upon that land if the subdivider can prove that fees were previously paid. In no event shall the city be liable for any payment which may be due because of a subsequent reduction in the application percentage of land or equivalent market value in cash to be dedicated. (Code 1964, § 11.62; Ord. No. 173 2nd series, § 1, 4-13-1996) http://libraly.municode.com/print.aspx7h=&clientID-13094&HTMRequest=http%3 a%2f%2llibraly.municode.com%2fl4TM... 4/8/2014 dlw i. b0 0. rd 4 0 a v ro b S 0 a R W u S F E^a x q d q a a ro a y y o u y a d ° b e 3 73 d y bdU C 'fl �p m 'O cd vn w a e a 14. d O C� O 00 i" O CQ a R a A O u lot o;dq 0 b w u q ^u q U .. U dw a v ro w 0 0 a R W F E^a x q d q a Y O i+ iY w u y e 3 73 d y bdU �p m 'O cd vn w a 14. O C� O 00 i" O CQ a R a A O u lot o;dq b w u q ^u u U .. U a v 462.358, 2013 Minnesota Statutes Page 1 of 6 �� SU.BP • 26 , o� 2�. 2013 Minnesota Statutes 462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION. Subdivision 1.[Repealed, 1980 c 566 s 351 Subd. 1 a. Authority. To protect and promote the public health, safety, and general welfare, to provide for the orderly, economic, and safe development of land, to preserve agricultural lands, to promote the availability of housing affordable to persons and families of all income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions. The regulations may contain varied provisions respecting, and be made applicable only to, certain classes or kinds of subdivisions. The regulations shall be uniform for each class or kind of subdivision. A municipality may by resolution extend the application of its subdivision regulations to unincorporated territory located within two miles of its limits in any direction but not in a town which has adopted subdivision regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the subdivision of land equal distance from its boundaries within this area. Subd. 2.[Repealed, 1980 c 566 s 35] Subd. 2a. Terms of regulations. The standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The regulations shall require that subdivisions be consistent with the municipality's official map if one exists and its zoning ordinance, and may require consistency with other official controls and the comprehensive plan. The regulations may prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent with the comprehensive plan and the purposes of this section, particularly the preservation of agricultural lands. The regulations may prohibit, restrict or control development for the purpose of protecting and assuring access to direct sunlight for solar energy systems. The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or parcels for which required subdivision approval has not been obtained. The regulations may permit the municipality to condition its approval on the construction and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified check, irrevocable letter of credit, bond, or other financial security in an amount and with surety and conditions sufficient to assure the municipality that the utilities and improvements will be constructed or installed according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor. A municipality may require that an applicant establish an escrow account or other financial security for the purpose of reimbursing the municipality for direct costs relating to professional services provided during the review, approval and inspection of the project. A municipality may only charge the applicant a rate equal to the value of the service to the municipality. Services provided by municipal staff or contract professionals must be billed at an established rate. https://www.revisor.mn,gov/statutes/?id-462.358 4/8/2014 462.358, 2013 Minnesota Statutes When the applicant vouches, by certified letter to the municipality, that the conditions required by the municipality for approval under this subdivision have been satisfied, the municipality has 30 days to release and return to the applicant any and all financial securities tied to the requirements. If the municipality fails to release and return the letters of credit within the 30 -day period, any interest accrued will be paid to the applicant. If the municipality determines that the conditions required for approval under this subdivision have not been satisfied, the municipality must send written notice within seven business days upon receipt of the certified letter indicating to the applicant which specific conditions have not been met. The municipality shall require a maintenance or performance bond from any subcontractor that has not yet completed all remaining requirements of the municipality. The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and Subd. 2b. Dedication. (a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities as defined in section 471.191, playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under the procedures established in section 462.353, subdivision 4a. (b) If a municipality adopts the ordinance or proceeds under section 462.353, subdivision 4a, as required by paragraph (a), the municipality must adopt a capital improvement budget and have a parks and open space plan or have a parks, trails, and open space component in its comprehensive plan subject to the terms and conditions in this paragraph and paragraphs (c) to (i). (c) The municipality may choose to accept a cash fee as set by ordinance from the applicant for some or all of the new lots created in the subdivision, based on the average fair market value of the unplatted land for which park fees have not already been paid that is, no later than at the time of final approval or under the city's adopted comprehensive plan, to be served by municipal sanitary sewer and water service or community septic and private well as authorized by state law. For purposes of redevelopment on developed land, the municipality may choose to accept a cash fee based on fair market value of the land no later than the time of final approval. "Fair market value" means the value of the land as determined by the municipality annually based on tax valuation or other relevant data. If the municipality's calculation of valuation is objected to by the applicant, then the value shall be as negotiated between the municipality and the applicant, or based on the market value as determined by the municipality based on an independent appraisal of land in a same or similar land use category. (d) In establishing the portion to be dedicated or preserved or the cash fee, the regulations shall give due consideration to the open space, recreational, or common areas and facilities open to the public that the applicant proposes to reserve for the subdivision. (e) The municipality must reasonably determine that it will need to acquire that portion of land for the purposes stated in this subdivision as a result of approval of the subdivision. (f) Cash payments received must be placed by the municipality in a special fund to be -used only for the purposes -for which the money was obtained. - - - - --- (g) Cash payments received must be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space https://www,revisor.mn.gov/statutes/lid=462.358 Page 2 of 6 4/8/2014 462.358, 2013 Minnesota Statutes based on the approved park systems plan. Cash payments must not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. (h) The municipality must not deny the approval of a subdivision based solely on an inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality. (i) Previously subdivided property from which a park dedication has been received, being resubdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of resubdividing the property, the number of lots is increased, then the park dedication or per -lot cash fee must apply only to the net increase of lots. Subd. 2c. Nexus. (a) There must be an essential nexus between the fees or dedication imposed under subdivision 2b and the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. (b) If a municipality is given written notice of a dispute over a proposed fee in lieu of dedication before the municipality's final decision on an application, a municipality must not condition the approval of any proposed subdivision or development on an agreement to waive the right to challenge the validity of a fee in lieu of dedication. (c) An application may proceed as if the fee had been paid, pending a decision on the appeal of a dispute over a proposed fee in lieu of dedication, if (1) the person aggrieved by the fee puts the municipality on written notice of a dispute over a proposed fee in lieu of dedication, (2) prior to the municipality's final decision on the application, the fee in lieu of dedication is deposited in escrow, and (3) the person aggrieved by the fee appeals under section 462.361, within 60 days of the approval of the application. If such an appeal is not filed by the deadline, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the municipality. Subd. 3a. Platting. The regulations may require that any subdivision creating parcels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions which create five or more lots or parcels which are 2-1/2 acres or less in size shall be platted. The regulations shall not conflict with the provisions of chapter 505 but may address subjects similar and additional to those in that chapter. Subd. 3b. Review procedures. The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final review and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. Subdivisions including lands abutting upon any existing or proposed trunk highway, county road or highway, or county state -aid highway shall also be subject to review. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations may delegate the authority to review proposals to the planning commission, but final approval or disapproval shall be the decision of the governing body of the municipality unless otherwise provided by law or charter. A municipality must approve a preliminary plat that meets the applicable standards and criteria contained in the municipality's zoning and subdivision regulations unless the municipality adopts written findings based on a record from the public proceedings why the application shall not be approved. The regulations shall require that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided by law -- —or -charter The -hearing shall be held following publication of notice of the time and place -- thereof in the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity to make presentations. 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I e 93 .,' 6 �- �ry (3) I 5; (21) (fi3,)I/ leo, (26) y�� ®0 337 Feet®� y�Z v �gkEsxoae Dbtlaimec Ild tlrewing is neither a legally recorded map nor -SAGA HILL -PARK ---- located Inver[aus a hg county, and state offices, and otM1ersources affectlng [M1earea shown�antl is to be used for reference purposes only, The fire of Omna is not iblaz response for any on mrzcles herein a,,a]dcd ©Bolton&Menk,lnc-Web GIS 4/9/20143:52PM ® 0 337 Feet �T A G qR SHOR6 Diatlalmm: r nei1h., located In callers "I , county, and state offices, and otber sources affect, the area showry antl is to be used for reference purposes only, The Clry of Orono Is not responsible for any lnaccurzcles herein contained ©Bolton&Mend, Inc -Web G13 4/9/20143:40PM S :aMpRRIOFITAXESRAID .... ,rtivunssavires 0k1(911Jk(, Put2G��� TRANSFER ENTERED Ll 7 9� 1-b 77S 6S-�o-bi-�2-a1-42-q�-g , y"miP DECLARATION OF RESTRICTIVE COVENANTS Q UTY City of Orono, a municipal corporation and political subdivision of the State of ' Minnesota ("Declarant"), effective on the t7 day of July, 1996, hereby declares as follows: re RECITALS o f3 A. Orono is the fee simple absolute owner of that certain real property legally 0 u described as Lots 58, 60, 61, 62, 91, 92, 93 and 94, Tonkaview Gardens, Hennepin County, Minnesota according to the recorded plat thereof (the "Property"). B. Orono desires to subject the future use of the Property to the restrictions and limitations set forth in this Declaration. DECLARATIONS NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set forth herein, and other good and valuable consideration, the receipt, sufficiency and fairness of which is hereby acknowledged, Orono does hereby declare as follows: 1. Restrictions. All persons and entities having an interest in the Property of any kind or nature, whether legal, equitable or otherwise, and including without limitation all lessees, occupants, and secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of the Property, covenant and agree that the ownership, use, occupancy, operation, alienation and conveyance of and their interests in the Property shall be subject to the following restrictions: a. The Property shall be managed and maintained consistent with the purpose and type of property acquired using appropriate management and protection practices to protect the natural and/or scenic resources, and b. The Property may not be used for any other purpose without tate express, written approval of the Commissioner of the Minnesota Department of Natural Resources (Ilse "DNR"). 2. Binding ffect. This Declaration shall run with the Property and be a servitude thereon, and shall be binding upon all persons claiming any right or interest in or to The Property, and their heirs, assigns and successors -in -interest. This Declaration shall remain in full force and effect for a period of twenty (20) years commencing on the effective date hereof, and thereafter shall automatically renew for consecutive ten (10) year periods. 3. Enforcement. The DNR shall have the right to enforce the restrictions imposed by this Declaration.Enforcement of this Declaration shall be by proceedings at law or in equity against any person or entity violating.or attempting to violate any covenant, restriction or provisions set forth herein, either to restrain such violation or to recover 610/22119196 7117/96 damages. With respect to any measures or action, legal, administrative, or otherwise, taken to enforce the provisions of this Declaration, whether or not finally determined by a court or arbitrator, the party violating this Declaration, shall pay to the party seeking enforcement of this Declaration any and all reasonable expenses incurred in connection with such enforcement, including without limitation reasonable attorneys' fees; except that under no circumstances shall the Declarant be obligated to pay such expenses. 4. Governing Law. This Declaration shall be governed and construed under the laws of the State of Minnesota. CITY OF ORONO .r., 1 1. Calfan By Ronald J. J, oorse Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this '30 day of July, 1996, by Edward J. Callahan, the Mayor of City of Orono, a municipal corporation and political subdivision of the State of Minnesota, on behalf of the municipal corporation. �1QROT�- NLIN NE NUNAi ' MDiN4Y1b1@LICrMINNE$pTA NENNEIR CCtMlTy ^ My COMMI lon ev Jan, 91, 2000 Notary Pu lic 610/22119195 7/26/96 -2- STATE OF MINNESOTA ) ss. COUNTY OF I�)iNNEPIN ) The foreng instrument was acknowledged before me this � day of July, 1996, by Ronald J. Moo "se, the City Administrator of City of Orono, a municipal corporation and political subdivision of the State of Minnesota, on behalf of the municipal corporation. , THIS INSTRUMENT IS DRAFTED BY: POPHAM, HAIK, SCHNOBRICH &c KAUFMAN, LTD. 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612) 333-4800 (SAK) 610/22119195 7/26/96 Sim dgi 1 AW ,M YMT®A04,; . ArOepA m4jWMYINTAN tt'NU411N19�itµ3k � I' r,Al•°'^.Iki `N�Stll>tRlna rM �,Yy.% a". C4,41 N sbt�� ACQ4ts IrVI►S (t44q) /ors 90-95-g60 DECLARATION OF RESTRICTIVE COVENANTS City of Orono, a municipal corporadoand political subdivision of the State of Minnesota ('Declarant"), effective on theme%ay of April, 1999, hereby declares as follows: w�. RECITALS A. Orono is the fee simple absolute owner of that certain real property legally described as Lots 90, 95, and 96, Tonkaview Gardens, Hennepin County, Minnesota according to the recorded plat thereof (the "Property"), B. Orono desires to subject the future use of the Property to the restrictions and limitations set forth in this Declaration. DECLARATIONS NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set forth herein, and other good and valuable consideration, the receipt, sufficiency and fairness of which is hereby acknowledged, Orono does hereby declare as follows: 1. Restrictions. All persons and entities having an interest in the Property of any kind or nature, whether legal, equitable or otherwise, and including without limitation all lessees, occupants,, and secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of the Property, covenant and agree that the ownership, use, occupancy, operation, alienation and conveyance of and their interests in the Property shall be subject to the following restrictions: a. The Property shall be managed and maintained consistent with the purpose and type of property acquired using appropriate management and protection practices to protect the natural and/or scenic resources; and b. The Property may not be used for any other purpose without the express written approval of the Commissioner of the Minnesota Department of Natural Resources (the "DNR"). 2. Binding Effect. This Declaration shall run with the Property and be a servitude thereon, and shall be binding upon all persons claiming any right or interest in or to the Property, and their heirs, assigns and successors -in -interest. This Declaration shall remain in full force and effect for a period of twenty (20) years commencing on the effective date hereof, and thereafter shall automatically renew for consecutive ten (10) year periods. 3. Enforcement. The DNR shall have the right to enforce the restrictions imposed by this Declaration. Enforcement of this Declaration shall be by proceedings at law or in equity against any -person -or -entity -violating or -attempting to -violate -any -covenant,- — — — restriction or provisions set forth herein, either to restrain such violation or to recover 00722175794 426/99 damages. With respect to any measures or action, legal, administrative, or otherwise, taken to enforce the provisions of this Declaration, whether or not finally determined by a court or arbitrator, the party violating this Declaration, shall pay to the party seeking enforcement of this Declaration any and all reasonable expenses incurred in connection with such enforcement, including without limitation reasonable attorneys' fees; except that under no circumstances shall the Declarant be obligated to pay such expenses. '1 t 4. Governing Law. This Declaration shall be governed and construed under the laws of the State.of Minnesota. s STATE OF MINNESOTA ss. COUNTY OF HENNEPIN CITY OF ORONO By Ronald J. brse Its City Administrator -fTi The foregoing instrument was acknowledged before me this day of April, 1999, by Ronald J. Moorse, the City Administrator of City of Orono, a municipal corporation and political subdivision of the State of Minnesota, on behalf of the municipal corporation. THIS INSTRUMENT IS DRAFTED BY: HINSHAW & CULBERTSON (RAW) 3100 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612) 333-3434 007/22175794 426/99 - 2 - otary Public �,� �hh„„na�Ne� �.eaasOnMaan ^v JULIE A. 0171S +';''`T' NotaryPunlic-Minnesota MyCnnimissmnEVIfesJMI/2000 .VVVVYV �2�n,1 oUC� STS (Zoo q) RELEASE OF RESTRICTIVE COVENANTS City of Orono, a municipal corporation and political subdivision of the State of Minnesota ("Declarant"), effective on the 7th day of May, 2004, hereby declares as follows: RECITALS A. Declarant is the fee simple absolute owner of that certain real property in Hennepin County, Minnesota legally described in Exhibit A hereto (the "Property'). B. Declarant previously subjected the fixture use of the Property to certain restrictions and limitations (the "Restrictions and Limitations") set forth in that certain Declaration of Restrictive Covenants recorded on August 6, 1996 with the Office of the Registrar of Titles, Hennepin County, Minnesota. as Document No. 2731105 at page 841148 of Registered Vol. 2819. C. Declarant now desires to release the future use of the Property from the Restrictions and Limitations so that fee title interest to the Property may be transferred by Declarant to a third party free and clear of the Restrictions and Limitations. D. The State of Minnesota, through its Department of Natural Resources, has consented to the release of the future use of the Property from the Restrictions and Limitations, such consent being evidenced in writing by that certain Amendment No. 1 to Grant NSOR96- 003, attached hereto as Exhibit B and made a part hereof. DECLARATIONS NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set forth herein, and other good and valuable consideration, the receipt, sufficiency and fairness of which is hereby acknowledged, Declarant does hereby declare as follows: 1. Release of Restrictions. The future use of the Property is released from the Restrictions and Limitations imposed by that certain Declaration of Restrictive Covenants recorded on August 6, 1996 with the Office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 2731105 at page 841148 of Registered Vol. 2819. 121089629v1 754068 2. BindingEffect. This Release shall run with the Property and be a servitude thereon, and shall be binding upon all persons claiming any right or interest in or to the Property, and their heirs, assigns and successors -in -interest. 3. Governing Law. This Release shall be governed and construed under the laws of the State of Minnesota. jRemainder of page intentionally left blank; signature page follows] 2 1210896290 754868 CITY OF ORONO By<.4� �J Barbara A. Peterson Its Mayor By�� Ronald J. Koorse Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 64-k day of May, 2004, by Barbara A. Peterson, Mayor of the City of Orono, and Ronald J. Moorse, the City Administrator of City of Orono, a municipal corporation and political subdivision of the State of Minnesota, on behalf of the municipal corporation. f - Notary Public THIS INSTRUMENT IS DRAFTED BY: LINDA S. VEE HINSHAW & CULBERTSON LLP pA NOTARY p�®��-MINNE9orA My Commpg(onEJen. 91, 2009 222 South Ninth Street, Suite 3100 Minneapolis, MN 55402 Tel: (612) 333-3434 121089629v1 754869 E7 BIT A Lot 58, Tonkaview Gardens, Hennepin County, Minnesota. 121889629v1754868 I-ON"Jifthu. Amendment No. 1 to Grant NSOR96-003 (Attached hereto) 121089629v1 754868 AMENDMENT NO.1 TO GRANT NSOR96-003 Grant Start Date; 06/24/1996 Total Grant Amount; $ 0,00 Original Grant Expiration Date: 06/08/1998 Original Grant: $ 50.000 Amended Grant Expiratlon Date: NA Previous Amendment(s) Total: $ NA This amendment is by and between the State of Minnesota, through its Commissioner of Natural Resources ("State") and City of Orono, 2750 Kelley Parkway, Orono, IvN 55356 ("GRANTEE"). Recitals 1. The State has awarded a grant to the Grantee identified as NSOR96.003 ("Original Grant") to acquire parklands; 2. The Grantee requests the State's permission to sell approximately 1.08 acres of the lands acquired with the Original Grant and acquire as replacement approximately 1.22 acres; 3. The State has determined that the proposed replacement lands provide reasonably equivalent recreation usefulness Grant Amendment The project boundary of Saga Hill Natural .Area is amended to delete Lot 58 and to add Lot 63, both located within the'ronkaview Gardens'subdivision. The City will transfer the existing restrictive covenant described in the Original Grant from Lot 58 to Lot 63. Except as amended herein, the terms and conditions of the Original Grant and. all previous amendments remain in full force and effect. 1. STATE ENCUMBRANCE VERIFICATION 6ldividual certifies thalflinds have been encumbered as required by Hllnn. Star. 11 16A.15 and 16C.05. Signed: NA Date: CFMS Grant No. A. I GRANTEE The Qrantee certifies that the appropriate person(s) have executed the Grant on behal� offttha G nteee���as required by pl>�b�icle, I sal c Title: Date: GSC (k) S"Q 7 Uate: DECLARATION OF RESTRICTIVE COVENANTS City of Orono, a municipal corporation and political subdivision of the State of Minnesota ("Declarant"), effective on the 7th day of May, 2004, hereby declares as follows: RECITALS A. Declarant is or will be the fee simple absolute owner of that certain real property in Hennepin County, Minnesota legally described in Exhibit A hereto (the "Property"). B. Declarant desires to subject the future use of the Property to the restrictions and limitations set forth in this Declaration. DECLARATIONS NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set forth herein, and other good and valuable consideration, the receipt, sufficiency and fairness of which is hereby acknowledged, Deolarant does hereby declare as follows: 1. Restrictions. All persons and entities having an interest in the Property, including Declarant, of any kind or nature, whether legal, equitable or otherwise, and including without limitation all lessees, occupants, and secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of the Property, covenant and agree that the ownership, use, occupancy, operation, alienation and conveyance of and their interests in the Property shall be subject to the following restrictions: a. The Property shall be managed and maintained consistent with the purpose and type of property acquired using appropriate management and protection practices to protect the natural and/or scenic resources; and b. The Property may not be used for any other purpose without the express written approval of the Commissioner of the Minnesota Department of Natural Resources --(the "DNR"). 121089623v1 754868 2. Binding Effect. This Declaration shall run with the Property and be a servitude thereon, and shall be binding upon all persons claiming any right or interest in or to the: Property, and their heirs, assigns and successors -in -interest. This Declaration shall remain in full force and effect for a period of twenty (20) years commencing on the effective date hereof, and thereafter shall automatically renew for consecutive ten (10) year periods. 3. Enforcement, The DNR shall have the right to enforce the restrictions imposed by this Declaration. Enforcement of this Declaration shall be by proceedings at law or in equity against any person or entity violating or attempting to violate any covenant, restriction or provisions set forth herein, either to restrain such violation or to recover damages. With respect to any measures or action, legal, administrative, or otherwise, taken to enforce the provisions of this Declaration, whether or not finally determined by a court or arbitrator, the party violating this Declaration, shall pay to the party seeking enforcement of this Declaration any and all reasonable expenses incurred in connection with such enforcement, including without limitation reasonable attorneys' fees; except that under no circumstances shall the Declarant be obligated to pay such expenses. 4. Governing Law. This Declaration shall be governed and construed under the laws of the State of Minnesota. [Remainder of page intentionally left blank; signature page follows] 121069623x1 754869 CITY OF ORONO By� Barbara A. Peterson Its Mayor By Ronald J. toorse Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 6 'Pi day of May, 2004, by Barbara A', Peterson, Mayor of the City of Orono, and Ronald J. Moorse, the City Administrator of City of Orono, a municipal corporation and political subdivision of the State of Minnesota, on behalf of the municipal corporation. No ary Public THIS INSTRUMENT IS DRAFTED BY: LINDA 5, VEE HINSHAW R CCTLBERTSON LLP [K'C('oTjn ARYPUSLIC •MINNESOTAmisslon Expires Jan. 31, 2006 222 South Ninth Street, Suite 3100 Minneapolis, MN 55402 Tel: (612) 333-3434 1210896230 754869 EXHIBIT A. Lot 63, Tonkaview Gardens, Hennepin County, Minnesota. 4 12108 9623v 754868 POST CLOSING AGREEMENT THIS AGREEMENT, entered into this 29"' day of December, 2000 by and between H. William Lorton ("Donor") and the City of Orono ("City"). RECITALS: A. The Donor has donated the property to the City located in Hennepin County, Minnesota legally described in Exhibit A hereto ("the Property"). B. The Donor and the City have reached certain agreements and understandings regarding the Property and its transfer to the City, which they wish to express in this Post Closing Agreement. IT IS AGREED: 1) Declaration. Immediately after recording of the conveyance of the Property to the City, the City shall cause a Declaration of Restrictive Covenants in the form attached hereto as Exhibit B ("the Declaration") to executed and recorded. The conveyance to the City and the Declaration shall be recorded sequentially (first, the conveyance, and secondly the Declaration). The City shall promptly prepare and provide a plan to the Donor to provide the improvements to the property that are consistent with the Restrictions provided in the Declaration. 2) MnDOT Property. The parties understand that a portion of the donated property, the approximate configuration of which is reflected in Exhibit C, is to be acquired by the Minnesota Department of Transportation ("MnDOT"). 3) Possession of MnDOT Property, The Donor may retain possession of the portion of the Property reflected in Exhibit C until possession thereof is transferred to MnDOT ("the MnDOT Property"), and may use such property for any lawful purposes in conformity with now existing applicable city codes and ordinances. The City shall have no obligation to maintain the improvements on the MnDOT Property so long as possession is retained by the Donor. If the Donor wishes to vacate the MnDOT Property prior to the transfer of possession to MnDOT, it shall notify the City, which shall then accept possession of the MnDOT Property. 4) Sale Proceeds from MnDOT. Proceeds from the sale of the MnDOT Property to MnDOT shall be paid to the City and placed by the City into a segregated fund. The principal amount of the fund shall be preserved for at least twenty (20) years. The principal, and income derived from the fund, shall be used exclusively for the maintenance and improvement of the Property and adjacent public property. 5) Opening of Park. The City will not open the park contemplated by the Declaration until such time as possession of the MnDOT Property is transferred to MnDOT HC26D54/ 4715/ 2653937S.v1 12/29/2000 6) Name of Park. The park contemplated by the Declaration (Exhibit B) shall be named. The name of the park shall be subject to the prior written approval of the Donor. H. William Lorton "Donor" City of Orono By� Ronald J. Moorse City Administrator "City" HC26Ds4/ 4715/ 26539378.x1 12/29/2000 EXHIBIT A LEGAL DESCRIPTION The Northwest 1/4 of the Northeast 1 4, EXCEPT the Railroad right of way; and that part of the Northeast 1/4 of the Northwest 1`4 described as follows: Beginning at a point 2.5 chains South of the Northeast comer thereof; thence West 2.6 chains, thence South 3 degrees East to the present railroad right of way; thence Southeasterly along the North side of said right of way to the East line of said Northeast 1/4 of the Northwest 1/4; thence North to the point of beginning, all in Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian, Hennepin County. DECLARATION OF RESTRICTIVE COVENANTS City of Orono, a municipal corporation and political subdivision of the State of Minnesota ("Declarant"), effective on the _ day of , 2001, hereby declares as follows: RECITALS A. Declarant is the fee simple absolute owner of that certain real property in Hennepin County, Minnesota legally described in Exhibit A hereto (the "Property"). B. Declarant desires to subject the future use of the Property to the restrictions and limitations set forth in this Declaration. DECLARATIONS NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set forth herein, and other good and valuable consideration, the receipt, sufficiency and fairness of which is hereby acknowledged, Declarant does hereby declare as follows: 1. Restrictions. All persons and entities having an interest in the Property, including Declarant, of any kind or nature, whether legal, equitable or otherwise, and including without limitation all lessees, occupants, and secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of the Property, covenant and agree that the ownership, use, occupancy, operation, alienation and conveyance of and their interests in the Property shall be subject to the following restrictions: a. The Property shall be preserved and used only as a natural, passive, environmental park. b. The Declarant shall provide improvements consistent with the use of the Property provided in 1(a) above, which may include a picnic area in the open area of the property, hiking trails, and a parking lot. C. No hunting shall be allowed on the Property. d. No ballfields shall be allowed on the Property. 2. Bindine Effect. This Declaration shall run with the Property and be a servitude thereon, and shall be binding upon all persons claiming any right or interest in or to the Property, and their heirs, assigns and successors -in -interest. 3. Anticipated Acquisition by the Minnesota Department of Transportation. It - is understood that a portion of the Property may be acquired by the Minnesota Department of Transportation ("MnDOT"). The covenants herein reflected shall not be binding or app lea e to HC26DS4/ 4715/ 26539397.vl 121282000 EXHIBIT B the portion of the property acquired by MnDOT so long as it retains the ownership of the property and continues to use it for highway purposes. 4. Enforcement. The Minnesota Land Trust, or any resident of the City of Orono shall have the right to enforce the restrictions imposed by this Declaration. Enforcement of this Declaration shall be by proceedings at law or in equity against any person or entity violating or attempting to violate any covenant, restriction or provisions set forth herein, either to restrain such violation or to recover damages. With respect to any measures or action, legal, administrative, or otherwise, taken to enforce the provisions of this Declaration, whether or not finally determined by a court or arbitrator, the party violating this Declaration, shall pay to the party seeking enforcement of this Declaration any and all reasonable expenses incurred in connection with such enforcement, including without limitation reasonable attorneys' fees; except that under no circumstances shall the Declarant be obligated to pay such expenses. 5. Governing_Law. This Declaration shall be governed and construed under the laws of the State of Minnesota. CITY OF ORONO Mayor Ronald J. Moorse Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of 20by Mayor of the City of Orono, and Ronald J. Moorse, the City Administrator of City of Orono, a municipal corporation and political subdivision of the State of Minnesota, on behalf of the municipal corporation. Notary Public HC26DS4/ 4715/ 26539397A 12/20000 -2- THIS INSTRUMENT IS DRAFTED BY: HINSHAW & CULBERTSON (RAW) 3100 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-3434 HC26DS4/4715/26539397.v112R812000 - 3 EXHIBIT A LEGAL DESCRIPTION The Northwest 1/4 of the Northeast 1 4, EXCEPT the Railroad right of way; and that part of the Northeast 1/4 of the Northwest 1/4 described as follows: Beginning at a point 2.5 chains South of the Northeast comer thereof; thence West 2.6 chains, thence South 3 degrees East to the present railroad right of way; thence Southeasterly along the North side of said right of way to the East line of said Northeast 1/4 of the Northwest'1/4; thence North to the point of beginning; all in Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian, Hennepin County. M10V ',; 594 e2115 MY 10, 19911 Orono gity Council OL"On4r tainneaoga �-�.-,,... .ems, . -.. i .04 is a D 0 J. 4 1 r I I r1_- ACM _Hf .M I"FX 56G�WN �t.�Ic.� Vfttriaia aioxey 400 !'zap Rook Rdaut Mse'bla F44A$, Tk 789541 Taaipphonly 910-M-dd54 In Dear. MAYoc mild MOkSbors of t:hd orann Qituj Opunteil, Tt has taome to my rittantisan that tilgre ltdau%z to be Notn+u v9nrUni4.,n and concern A'*quar'ditlg thalt hAoiGakll; Onesal site on cur 9arvor wat*a� uwn itncld property `sloe to .itIa proDowud usa land aVailrability to the Native Amarioan jy-ooplo. Tha to Ahdinnt Onontl mite wan primarily m ggtntart,liq itpi,uva 'enr uuuxtall acid ons"dlncny am it uvarlookod LiaMs Minnetonka .411 thoa* asyiil,, We warp &100 trmld by a madioino 'man, 7401Yin dr.eybear , in a Sacrad uweo�li aoPatt6ny, that t:ht av aro two leadaLa buried air t:116% top Of 4lI6 sx't6. As pteviuua ownare, and "keopera" vl the mite, wa, maaint041W it aO Pnt aft our $Ci3!R6 paotwl,-w, slut Plvuld hXIOw no i5tiildings an it, Thars Werw dwelt 104ges at 1aur earm alaoi however that pr&yar umramOpy taus hold ekg a reau t, of our EriQndVhip find partipip;at�bn w,{t11 the Native Co>r mn,ity bh a itormoria.l balls, They did prriva h wever as a reeult of thu special place on khe Farm. Tho intentl-Oh'04" tt,e Native Americans, through 4y amvo itttion with Richard La ouar4 of thm Wh,t,t.o aiuxth nsoovery proj(pct, is to tuaintwin the abVOreignt,y Ol tho space anti to oingl,e it 01AP as h bavxed area to 1,u lei't; in & hAtur.Al opndition with perhaps a small oommQrit,iva markhv' Todian P*opla db not "tier" :sacred sites attich ad t hit► 0xQ*j,t for aopasionul i.tldivldusl prayyorm and small coi>Clgerat:i,bh oeremonim3. rhe major in'tswl ;is to mainta,t.n t)le ariginmi state t.ta)gls'tua•k*d 010 a honoring plana onto itself, Nht.ivoa Amavicall people arc ltuey mild involved in mainut.ream aadtivitias mush an All at um. Th* mita wpu7.d only bo ttsad ;sparingly and not: ter iarroo activitoa sucks U POW WnW+n or bun Dances. We as not believe that it will sgaln lie axed na sweat lodge 'V. ace unlaza t1e people are invited' tc do go. Again, they majQr intant» 0 to sc't usida.1 persq'va and be a place of honor for ALL people. it is wy eond hope that soma, day --educati.ontay_-aativi,ties-CP--a-a-im} La-nuturg--may--bs-he7,d__oil -_the_ai:t.a__ to ins,"arm nmd 11*nor 1511 pe01?1*' From :n R, H. PUTWHPI'w'H'55OC/•FPNDEf1I CORP. PHONE P13, "'Ry. iU iy'74 J:Gerhl r�iS ,q�Q.M�• � Ari®a 2 Haw Gaff WO appraGiat,a rain; 1.vogta9a gild honor the land "'n" +ss " 5eC teach not o siaooia,l. placas aoidefuturfrom omr cnsxahraut@� e�peoplee Ino�came, buffy 47ttlY ©uta'51veof but GUY AtttirO Vami�,y "Ilcezela p�:o):ia hea Y tO anawer ny qu6ation or nd W port Qip tw the wayttwnlciarn withithd planYS rip PrQ9101 4 t�prt�,t;yipeita Any way e7aasa fax. gree to Oall or pontaot, no at any timrar (,4 51Y1a0ra1j%r prat D TANDEM ` J . lames L. Oatansan PROPERTIES Richard A. Putnam BROKERS -PLANNERS.DEVELOPERS ✓� ` V 4Z�X' )t4�� Nyom+ch^i/�— IM,rtp p/w�{.�ia� r1,,Ib f li4 bc J�fI/� 1J�' R4 W� — G� 2765 Casco Point Road • Wayzata, Minnesota 55391 •Office & Fax (612) 471.0573 A N11.) EX" J , look: A tv Mayor and City Q01MCO C11W of Orono 278q K611y'JaAW4Y "Qrono, Mibalesota' Aprd 21 199 :.O:� ra" wyfs poij JIM j ;?!TjjjX-py "0 W, l, q; IMM ;".ff A pit lot 9WIN, 1: qq. f itVan" 111p=,Y,b "Of N& S gid'Poit -"Aft AdfiffO Rp k t� , It a, prop elpt6 -1.`sui A., 41 th l status `of site h Idb 61V "i - 'It" -0-1, IT"T into wrtef-pt 14-A" flusslmpex isle, w;" QW!"'Ay"M Mw A gyp D.J. k, Wp: g tf ask to, �g omit $peq u, yg MW how Ma Ou"Alp't A, - to.in the st phase w 1\v T"- --n J; now WN )-QQlNqW NO "go QW So . ..... ..... SIX 3' 10 :1100 9w 5 pvt v j, fl-� f-., I 71. IBM ; w'o 4140 TANDEM PROPERTIES BROKERS• PLANNERS• DEVELOPERS 'lames L. Ostenson Richard A. Putnam Minnesota Indian Affairs Council Ms, JoAnne Stately, Acting Director 500 Rice Street St. Paul, Mn 55103 April 21, 1994 Re: Historic Site, Dickey Property, Orono, Mn. Dear Ms. Stately, Enclosed is a preliminary plat of the 68 acre Dickey Property in Orono, Mn. Our company is proposing single family homes on the site. Your office has been working with MnDOT to determine the authenticity of a portion of the site as a Native American spiritual/cultural site (R. LaGarde, 1/24/94 letter attached). The City of Orono and our company would appreciate having this issue resolved with the help of the Indian Affairs Council at the earliest opportunity. We would like to meet with you and your staff and any other interested parties to understand the process for authenticating the site. Please contact me regarding the process or if you have any questions or need additional information. Thank you for your help. Sincerely, 14 AUVIC 4 Richard A. Putnam Orono Limited Partnership . encl. R. LaGarde letter cc. R. LaGarde P. Dickey J. Mabasth, City of Orono 2765 Casco Point Road • Wayzata, Minnesota 55391 Office & Fax (612) 471-0573 7808 Creekridge Circle • Suite 310 • Bloomington, Minnesota 55439 • Office (612) 941-7805 • Pax (612) 941-7853 � r I I f fs ` } I f • • 'WATERTOWN N p y Status of Native American Sacred Sites The 3 acre proposed park site is believed to be a sacred site known to many Native Americans as the "seven flags area." Many respected spiritual leaders and tribal elders including Joseph Brewer, Melvin Greybear, Pokey White, Clyde Bellcourt, Arvol Looking Horse, Richard Lagaard and Richard DuBois have identified the site as a gathering place of the seven nations and a sacred ceremonial site with great historical significance, The site is not documented in any know historical studies nor has it been identified by the Minnesota Indian Affairs Council or the State Historical Society. Therefor, MNDOT as part of the Highway 12 EIS has retained a consultant to research the history of the site, and to speak to those with first hand knowledge of the site to determine the sites authenticity. The MNDOT consultant will work with the Indian Affairs Council to reach a conclusion by April or May, 1994. . Tandem has reviewed numerous letters and talked with Mr. and Mrs. Dickey about the site. We believe the site, shown as park, is of Native American historic and sacred value and should be preserved. Site Plan. Elements Wetlands/Natural Features/Streets F.J. 6voboda and Associates, a wetland/environmental consultant, analyzed the sites and prepared a study (Wetland Classification, Identification and Delineation Oct 29, 1993). The study identified many class 1 and 2 wetlands which are "highly disturbed basins which are farmed under typical conditions." The challenge for us is to come up with a residential. development that would respect the woods and wetlands, provide public Improvements in a logical manner and create a desirable, marketable and attractive neighborhood. The wetlands have been preserved where possible and if not, replaced with a better quality wetland, one nutigations area on each site. The Coffin site has .55 acre of wetland lose 1.1 acre of wetland replacement adjacent to the Luce Line, The Dickey site has 1.0. acres of lose and a 2 acre wetland created in the southwest corner of the property on lots 3-7 block 1. We believe the replacement of small class land 2 wetlands with the 2 mitigation areas is a permanent improvement to thearea. Honorable Mayor Edward J. Callahan, Jr. J; Dann Goet-ten, Council Member Ga=el Council Member Charles Kelley,.Council Member. Jo 1?ilen Hurr, Council Member Jea�xne A. Mabusth; Building &. Zoning Administrator Ron Morse, city Manager r:< Gentlemen and Ladies: We understand that there might be a misunderstanding about the terms and intentions on the sale of our land te would like to clarify oPets Andrea and withethis letter andten lased documents, Y It had always been assumed through all negotiations that the spiritual site would be preserved with no building or excavating to occur on the site. But this was only to deal with the specificrpzza that has now been. documented on a survey provided by Coffinwhich is enclosed. Anything outside the spiritual ground as far as we are concerned was always open to develop. It appeared that the city's elected and appointed were interested irx the barn and the small house where my daughter had resided to be part of a park area. In no way were the developers restricted from developing this portion of the so-called park. As you know, we believe. that this will in fact turn out to be. a spiritual area determined by one of the various Native American organizations and it would be wonderful to see the city and it's residents benefit from this culturally diverse amenity. This could be done through the larger concept of the three - plus acre park verses easements over a lot. sincerely, Bill and Pat Dickey 210-693-825.3 cc.. Jim Ostensen JimDeanovic jawba"Ro ,�k m 9 gq -[,!Age12 , 4. �b m 9 gq -[,!Age12 , jot Ism . in sfill, �� .14 i,61110,102s Aaa IV ..� gig .SE B Ow, �� y •fig•, g'H 5 8 �$9 9 ?a iglwl �I I 10 ,= All 11A sa p .111 631V It ISO HIM H I I I • • A N 1 b1 1 . � � 2,.x` 15 VIA fig U H ro9114 F� b� Whito rth Land,W P PO"Jo e d ...... Phone: (21.8)'4 WhIte Eakh' .;FAX: 018 .4 YT IN January 24, 19! ... 1',{4 'P, * V MITI, TAP All 2� Pat'. 1 311.7, gg, -264 ;, . . 9v - . . V, : " : . Lot! ear,.,Pgt A 6 ri!i6t' .1h regards to the',tqewbh your have Ia. ' vnif 1, ,; for of . Cultural sIghifikalUb 't1t'N'a`tIv6, Affibil Id like to for your.e to preserve ar AV: 74 possift ammendmer(ts - to the Nnional Historic, "':have been held - throdghout fhe''United States. �"T traditional practitioners, Vdlers,`Tribal Historian have 'iechoed the same concern, th9tiso,,ur.Aang s 'sit thatthat'' have . Religious . SpirlWal significance, ceremonial sites ,d " must�>bd Inclu eb nd protectdd historic tuilldings,, b9tilegrourids etc.);....also Abd( 'b ttrust be �.mgIhta1ned'46hjtn al members urren ty ,Od1Qbd, amendments to the Indi 9 ARM, .�-ceremonles�, with a I ;coordinatedspIrI I ne on bur: property, Itdt, our,,beflef. Spiritual ultural,H§Ighlf icance and,4,vihould; be p MAshould haVe furtherU stlon'gplea M, id J e (Thank You ), f Mr Op Richard -LaGO Comimunit for: ; I�Urlal Gioun6 Met such sites I I & and C: flfree'" to 6 Nov. 14, 1991 TO WHOM IT MAY CONCERN; it has come to my attention that a proposed highway corridor is being considered for the route of highway 12 in Long Lake/Orono. I am writing you to ask you for ackowledgement of the Freedom of Religion Act Number 278. The Lake Minnetonka region was and is a Sacred Area for many generations of Native people. Through the years the entire Lake Minnetonka Area with We burial mounds, village sites and ceremonial grounds have all been desicrated and destroyedi The land section that boarders Highway -12 to the north, old Crystal Bay Road to the west,the Luce Line Trail 'to the South and Willow Drive to the east, is considered by our people as a Sacred Area. It is a high plain area in excess of 1000 feet. The high point ookout area known to us as the Seven Flags area is located on the property of Patricia Dickey and boarders the Watertwdn Road. This area is the location of the Seven Sacred Fires and was and is a spiritual gathering place for Indigenous people for many centuries. The area was the.originial gathering place for the formation of the American Indian' Movement. From 1968 to the present time the land has and is being used for Sacred Ceremonies and teaching lodges. We as members of the American Indian Movement and other representatives of many Native people from all over the North American Continent (United States, Canada, Mexica and Alaska) with to indicate to you that we clearly do not intend to see this area desecrated and destroyed. Our people know that this sacred Area contains the burial sites of our ancestors and exibits the historical perspective necessary for the continued rebirth of aur traditional ceremonies, the education of our children and a'renewal of our cultural heritage that is our right as Indigenous People! A major highway running through or near our ceremonial grounds would indeed destroy the nature and Spiritual Peace of this area. We wish to encourage you to support the upgrade of the present route. Clyde B llecourt Chairman American Indian Movement American Indian Movement Patrol & Elaine M. Stately Peacemakers Center November 12, 1991 LETTER OF SUPPORT TO WHOM IT MAY CONCERN This is regarding the,land owned by Ms. Pat Dickey in Minneapolis, Minnesota. Ever since people can remember throughout the many many years; this particular portion of land has been used as a central place for Indigenous People to pray or have religious ceremonies. It is used as a "gathering place" for spiritual purposes and has been blessed numerous times by Medicine Men from different Indian Tribes, 1, Arvol Looking Horse, Keeper of the Sacred Calf Pipe, from Teton Sioux Nation fully support that this land not be violated or destructed in any way, shape or form. My reasons are : 1. that because of the many sacred ceremonies that have been held throughout the years; there might be religious or ceremonial artifacts present and these should not be tampered with. 2. that this land should be kept the way it is for future generations. 3. that the "freedom of religion" of the Indigenous People would be violated if this sacred land is put in destruction. I pray that you will consider .this,matter and make your decision favorable to my request to preserve this land. Mita-ku-o-ya-sin! ("All my Relations") Sincerely, A vol Looking Hors per,, er, of the 5acre .Calf Pipe Green Grass, South Dakota 57625 cc. file(1) M1.10) 9 I tri u r -I " nA 04 ;A" V I- ...1w V.' U' proud self-image lingers on ho 8 Now the West Was Won— and I,ost A visual and anecdotal saga, from the Louisiana Purchase through James Watt 38 The Wild West Will Never Die Hut it sure is getting harder to find BYTONYHILLRBMAN PHOTOOWHY BY r WILLIAM ALBERT ALLARD 50 HIRE The Man with the Sedge In the bad old days, a sheriff could get away with murder BYNAOMICHINER PHO70DRAPHY BYJAY DICKMAN 80 1 Gunsmoko and Mirrors The western movie) capitalist tool BY RICHARD SLOTKIN 70 One Hundred Years of Solitude Medicine man Arvol Looking Horse believes a spiritual reawakening is at hand BY STEVa MAR5H _ PHOTOORAPHY BYKENNETHJAROCKE 78 True [crit Let us now praise western women, past and present BYMBussASTANToN PHOTOORAPHY BY J OR MCNALLY 88 Just One More COVER PHOTOORAPHBY WILLIAM ALBERT ALLARD STAFF FOR THIS ISSUE Art Director: Nora Sheehan Picture Edltort Lynne Jaeger Weinstein Coordinating Editor. Melissa 0, Stanton Writers: Naomi Cutner, Brad Darrach, Tony Hillerman, Steve Marsh, Eleanor N, Schwartz, Richard Slotkin Assistant Picture Editort Teresa Crawford Art Assistants Tomas Cavallaro Reporters Jack Hayes Copy Chief: Robert Andreas And all members of the LIFE Copy and Production departments 1 C O V AWARDED HONORARY DOCTORAL DEGREE 13 R 11 0- INOW-1 Arvol Looking Horse, keeper of the Sacred Pipe of the Lakota Nation, received an honorary Doctor of Humane Letters degree at the University of South Dakota's 105th spring commencement ceremonies held in the DakotaDome on May 9, 1992, Honored for his teachings of Wolakota, Dr; Looking Horse is widely respected as a spiritual leader of the Lakota/Rakota/Nakota peoples, He received the Sacred Buffalo Calf Pipe from his grandmother when he was twelve and has served as the Sioux Nation's 19th�generation pipe keeper since 1966. As pipe keeper, Dr. Looking Horse provides spiritual guidance and support to those seeking to live a religious life. University President, Betty Turner Asher, and Leonard R. Bruguier, Director of the Institute of American Iridian Studies, expressed words of appreciation for Dr, Looking Horse's leadership, dedication, and commitment to Bringing peace and healing to all peoples. After President Asher presented the diploma to Looking Horse, Bruguier draped a multicolored, satin star quilt around the Lakota leader's shoulders. The two then left the stage and proceeded to the area where the Ihanktanwan Singers offered an honoring song to Dr. Looking Horse, At the song's conclusion the estimated crowd of 6,000 rose to their feet and applauded in appreciation and friendship. Friends and relatives honored Dr. Looking Horse, his wife Carole Anne, and daughter Cante at a reception. coordinated by Rene6 Sansom Flood and sponsored by the Vermillipn Title V•JOM Parent Committee. [The folkmuingexcerpts arequoted from an article wntten by Vickie Birkeland (Cheyenne River) iuhich was published in the West River Progress. The Bulletin e4nesses appreciation to Ms. Birkeland forr permission to reprint her comments,] T O R y Dr. Looking Horse, wife Carole Anne Heart, and daughter Canto Heart, University of South Dakota Commencement Ceremonies, May 9, 1992. [At the honoring ceremony and reception following commencement activities,] Harpy Charger, Headman, Fool Soldiers Society, gave voice to the intrinsically valuable Lakota life-style and how Mr, Looking Horse, the nineteenth generation Pipe Keeper, stands upon his courage to affirm that peace and healing is occurring. The Fool Soldier Society was to do good for all people, The Society renounced war as a bad method of solving problems which caused other tribesmen to cell them "Fool Soldiers," Mr. Charger presented a hair piece to Mr. Looking Horse that represents the holistic way of life: "We are part of all that is beneath us, all that is around us, and all that is above us. Our past it our present, our present is our tomorrow, and our tomorrows are the seven generations, past and present." Kathy Prasek, Director, Vermillion Schools Title V-JOM Program, and Jody Garrison, President, Title V -]OM Parent Committee, presented the Looking Horse family with a picturesque statue, The Ihanktontwn Singers provided several honorsongs. ITheRising Hail Singers from the Yankton Sioux Reservation also performed at the honoring reception.] According to Mr.Looking Horse, the Pipe lsforallpeople, FollowingthegivctiwaybyArvolandCstroleAnne,Arval all races d long as n person behaves in it Anyone can can __ said, "It -isagreat -feeling to havethishonorary degree from -the haveceremonieswiththeSacred alfPy. i e,Thely S acrd Pipe University ofSouthDakota.Beingakeypersonfor the Lakota have ceremonies with the Sacred Calf Pipe, The Sacred Pipe is very powerful; it is the center, and all other pipes are the Nation . , , we need to put our feet in both worlds . , , our roots. The pipe Is very sacred, for the stem represents a man, education and spirituality will benefit our people." G,�g and a howl, which is red, represents a woman. Mother and child are Masai, pastoral nomads who compete with game parks for Kenya's grazing land. 78 `We are here. We live'. a tribute to diverse cultures 1 The new book Endangered Peoplestlooks,al •lute plight of minorities whose ways of life—and sourtelintes whose lives themselves—are in peril "Many people have said that indigenous peoples are ± myths of the past, ruins that have died. But the indige- nous community .. , is full of vitality and has a course and a future. It has much wisdo n and richness to con- tribute," writes Rigoberta Menchu in her foreword to Gnlangvvd Peoples, published this month by Sierra Club Books. Menchu, recipient of the 1992 Nobel Peace Prize, is a Quiche from Guatemala who was forced to live in exile by her government because she sought rights for her people. She is one of an estimated 200 mil- lion to 250 million Indigenous persons left in the world. Cultural evolution, migration and assimilation have occurred throughout the ages, but recently the disap. pearance of distinct cultures has accelerated at an alarming rate. By some estimates as many as 200,000 in- digenous people die every year of disease and malum tritution, altered habitat from development and defor- estation, political persecution and discrimination, and internecine warfare and bloody land disputes. 'I'u give a face and a voice to those who survive, writer Art David. son and several photographers traveled thousands of miles to record individual stories. As Menchu asserts, "They have not killed us and they will not kill us now. We are stepping forth to say, 'No, we are here. We live." Endangrroed Peoples Mcuses on indigenous groups with both essays and photographs. Davidson has spent 25 years with native Alaskans, the Yup'ik and Cup'ik Eski- mos on the Bering Sea coasl. His experience is reflect- ed in his commentary on them. In researching the book, Davidson dodged gunfire during the Philippineau civil w• to reach an Igorot village, while photographer Art Wolfe made clandestine trips into Sarawak escorted by tribesmen who were forbidden to talk to outsiders. The hookas a testament to the gifts of indigenous groups: their attachment and reverence for the land, _�"`--may '�'�=�.-�..e-P;,�-`•.��J ;�-�..�,-,�--� �.__.....� E Pat Dickey 2645 Watertown Road Long Lake, Minnesota 55356 } }i /S�, qj fj 117 , hn If-1.1a1r p ry M Nliy wi ry�cZ z,«Q.4.t,ul7n /. ,;e4-/ 7)eLtt seven Flags Area JThe property located on the Watertown Road in Long Lake, section 4 Township 117 Range 23. borders Willow Drive to the east and Crystal Bay Road on the west has been identified by many Native Americans as Soared Ground. This high plain area which is identified in a topographical map indicates that the area bordering this property and back as far as Highway 12 is a high flat plain with elevations as high as 1,030 feet. The point or sacred gathering area is located off the Watertown Road mid way on the property. Standing on this point affords a view of 7 watertowers and looks over Lake Minnetonka . Geologically this area would have been a lookout point over an expanded Lake Minnetonka in early history. Various artifacts have been found at this high point location, such as hide scrapers and grinding stones. lFrom 1968 to the pr'e'sent day this area has been used for sacred ceremonies by many Native American people. During the summer of 1966, The American Indian Movement, AIM, organizational meetings were held at this site. In 1987 , a Native American Joseph Brewer, a Minnewachten Sioux from Shakopee, indicated that this area was a sacred gathering place of the seven flags of the Seven Nations. The Lake Minnetonka area was a traditonal sacred hunting ground and sacred lake to the Minnewachten people. At this time a sacred Pipe was presented to me as keeper of this land. In the summer of 1987 a Native American flute maker Hollis Littlecreek, obibway, came to the land and also presented me with a Sacred Pipe as a "keeper". In the summer of 1990'a Native American Richard La Gaard, Ojibway indicated that he believed that there were burial sites on the property.In the fall. of 1990 a sacred ceremony was held at this site and a Native American Medicine man Melvin Greybear identified two burial sites of highly regarded tribal leaders. He also described the area as a sacred gathering place for many tribes. A map located at.the Long Lake Museum identifies the Watertown Road as the main Indian 'Trail around Lake Minnetonka and further identifies many burial mounds. Archaelogical data on the entird Long Lake/Lake Minnetonka area indicated the existence of various artifacs which are not indigenious to the area. This data substantiates the contention of the Native Americans that this area was indeed the gathering place of the Seven Nations, -much _like _a- multi -nation _ summit -conferences held.today. _ 11n Aug. 1991 we were contacted by the State Archaeological Office as a rerult of an inquiry to them by Earl Sargent, of the Indian Affaira Board. The archelogical office asked, and been presented with a background letter to begin their investigations. Tvabvl q , df actual arki� d� , ;Qv)d.m, bf4XI 21,457 0a14M, Lonj pLake) M4 5S35�o I S 8 y ,1 �J Say. C Pay, 17 �rrhiybVa. peoplu, Ne�,weln_ I^ S:ld,ti1 �'ol�usah �uuv+d fall � I°Igo 13, �I�n x,04 K.- ly called the Old Copper Complex, unique to the western Great Lakes Eastern Archaic stemmed projectile points found at the Canning Site, a region of Minnesota, Wisconsin, Upper Michigan, and parts of bison -processing camp in Norman Coun- Manitoba and Ontario. Accidental finds of isolated copper implements ty, Photo courtesy of Michael Mchlovic, are common throughout Minnesota, but their greatest concentration Moorhead State University. is in Wisconsin where a number of Old Copper human burial sites have been excavated. Perhaps beginning as early as 5000B.c., the Old Copper Complex persisted until nearly 1000 s.c., and it provides the earliest evidence of the use of metals for tools in the New World, Cop- per was not sufficiently plentiful, however, to answer all of the needs of these Eastern Archaic peoples, who also continued to make and use stone tools, Copper continued to be used In the succeeding Middle and Late Prehistoric periods, but primarily as ornaments, and the distinctive, large, utilitarian copper tools of the Eastern Archaic disappear. Large -socketed and rattail -tonged spear points, small cone- . shaped points, knives, fish gorges, and awls were made by hammer- ing raw native copper into the desired shape. Copper -tool manufac- ture in this period was not a true metallurgical process, but it involved pounding and annealing nearly pure nuggets. This process necessitat- t ed locating pure raw copper that needed no smelting and refining, Such sources have long been known in the Upper Michigan peninsu- la, on Isle Royale in Lake Superior, and In glacial deposits where cop- per nuggets sometimes occur in the gravels transported by the glaciers from regions farther north, A Mihnesota source appears to lie in the basalt outcrops near the Upper St. Croix River. The first Old Copper habitation site to be excavated in Minnesota was worked by Peter Bleed in 1966. Known as Petaga Point, it is locat- ed on what is now the picnic ground In Mille Lacs-Kalhio State Park, - The site was investigated -before parkdevelopment took -place, _ and_______ Bleed's final report on its archaeology was published by the Minnesota Historical Society. The earliest evidences of human activity at Petaga Point belong to the Old Copper Culture. Tools excavated there appear Eastern Archaic Tradition 13 Ornaments (above) from the Woodland tradition. (a) Shell disc beads of the Laurel Culture, (b) Necklace of bones. (c) Jaws of a car- nivorous animal found In a burial. (d) Grizzly bear claws (Laurel) and (e) grooved canine bear teeth (Arvilla) necklaces. (1) Necklace of dog or wolf teeth, (g, h) Hammered capper breast ornaments. (1) Shell pendant from the Orwell Site In Otter Tail County. Below are ground -stone tools of the Woodland tradition. (a) Milling scone. (b) Tube probably used by a shaman to suck Illness from the Lady (Blackd5ck Cul- ture). (c) Grooved maul, the most com- mon stone, tool of this period. �• r a "t 1bf c b , Various chipped -scone tools of the Woodland tradition. Above aro three hide scrapers (a -c), a side scraper (d), and a punch (e). 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(�+.+I� NE m CC Out vN a1 f (d Yeo` '�. `VAvAR-e >l ao 5-7A"o-K) t rv; AC -Qu tSmrop j CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4393 A RESOLUTION AUTHORIZING THE ACQUISITION OF THE PROPERTY AT 3790 SHORELINE DRIVE TO BE FUNDED PARTIALLY FROM THE GENERAL FUND AND PARTIALLY FROM THE PARK FUND WHEREAS, the City Council has authorized the purchase of the property at 3790 Shoreline Drive for the purpose of providing parkland for the neighborhood; and WHEREAS, in order to provide a public vehicular access through a portion of this property to County Road 15, it may be preferable for the southern portion of the property to be developed for residential use; and WHEREAS, because there is a possibility that the southern portion of the property may be used for a non -park use, the funding for the property is being provided partially from the ,jeneral Fund and partially from the Park Fund. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby authorize the property at 3790 Shoreline Drive to be purchased using $80,000 of General Fund reserves and $80,000 of Park Fund reserves to preserve the flexibility to use a portion of the property fora non -park use. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day; of November, 1999. ATTEST; Linda S. Vee, City Clerk Page 1 of 1 0 CITY COUNCIL ME: Monday, April 12, 2004 7:00 o'clock p.m. i �pr%r2uJc�Dpp �A�e-� �Cnl'Lotvo g Ash' tel.— � �50� The Courteldinet on the above mentioned date with the following members pre�s p't,:''Acting Mayor Jim White; Cohiacil members Lili McMillan, Jim Murphy and Bob Sansevere; City Attorney Thomas Barrett; represents staff wexe City Administrator Ron Moorse, Planning" Director Mike Gaffron, Planner Melanin Curb , sty Engineer Tom Kellogg, Public Services Director Greg Gappa and Recorder Glenda D. Spiott , Mayor Barbara Peterson was absent. Acting Mayor White called the meeting t9,ofdbr qt 7:00 p.m. CONSENT AGENDA 1. Approve/Amend The following item,,s4re included in the Consent Agenda: 93, 5, 7, 8, 9, 10 13, 14, 15, 1.6, 17, 18, 19, 21.27, and 23. Murp moved, Sansevere seconded, to approve the Consent Agenda as amended. V : Ayes 4, Nays 0. 2. Orono Baseball Association Request for Expanded Use of Bederwood Park City Administrator Ron Moorse introduced the Request from the Orono Baseball Association (OBA) to expand its use of the Bederwood Park baseball field from two evenings per week to five evenings per week and on Saturday atter 8:00 a.m. for youth baseball activities. He explained that after the completion of the new Lee Carlson ballfield complex on Co. Rd. 6 in 1994, the OBA usage of the Bederwood Park field was reduced to two nights per week and has remained at this level since then. Mr. Moorse advised that OBA representatives were in attendance to present their expanded field usage request. Acting Mayor White invited OBA representatives to come forward and address this matter. Thomas Pahnquist, OBA Treasurer, introduced himself and described the OBA youth baseball program that currently involves about 550 youth, ages 5-15 years over a three month season from about April 10th to July 15`'. Mr. Palmquist presented the OBA request for expanded field usage at Bederwood Fields to be used up to six (6) days per week. On Monday through Friday, the hours of use would be between 5 p.m. to sunset. On Saturdays, field use would occur after 8:00 a.m. Mr. Pahnquist referred to the discussion of the request held recently at the Orono Park Commission when the Orono Park Commission voted in favor of allowing expanded Bederwood Park field usage up to six (6) days per week, as requested by OBA. He explained that OBA is making this request due to the limited availability of playing facilities, primarily at the younger aged ball player in the Coach/Pitch and Pitching Machine levels, Further, OBA has experienced increased participant numbers and program success, and believes that the Little League experience is being constrained due to lack of facilities, limiting adequate availability for practices and game settings that Page 1 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock pan, (2. ORONO BASEBALL ASSOCIATIONREQUEST FOR EXPANDED USE OF BEDERWOOD PARK, continued) ultimately go to develop player skills, as well as friendship time for kids with their peers, honing life - skills, coordination, leaming the rules of fair play, winning with pride and losing with dignity. Mr. Palmquist described recent OBA contributions of $325,000 for construction of a new baseball field adjacent to the Lee Carlson ball fields. This field is ideally suited for a 12 to 14-15 year old. player as the baseline and pitcher/home plate lengths are longer. He indicated that the Bederwood Field is ideally suited for younger players at the Coach -Pitch and Pitching Machine levels. Mr. Palmquist explained that pursuant to an agreement with city staff, OBA agreed to construct a new pitchers mound, including pitching rubber, add new bases and home plate, and place additional ag lime on the infield areas. The value of these improvements is in excess of $1,000 with all labor and material furnished by OBA. He reiterated OBA's dedication to teaching baseball to youth and creating fun and rewarding experiences for them. On behalf of the OBA, Mr. Palmquist expressed appreciation for the relationship with the City, School District and the community and requested the City Council support the OBA request. Mr. Palmquist acknowledged that there were a number of people present who would be willing to speak in favor of the OBA expanding field usage request and to answer any questions. Sansevere stated that he personally had no objection to the request but wanted to know if any neighborhood residents had objections to the request. Steven Cox, 3700 Bayside Road, expressed his support for increased usage of Bederwood Park but commented that more vegetation screening or visual blocks be considered by the City especially directly by the parking lot and in the sound path of the games as sound does travel great distances across the open area. He explained that with expanded summer activities and with the Luce Line trail as a launch point for the winter snowinobiling use Bederwood Park becomes a heavily used area. Acting Mayor White acknowledged that Parks Commissioners Deb Halvorson and Pat Wolfe were present and invited their comments. Mr. Wolfe pointed out that there were not really any objections from the Parks Commission for expanded ballfield use at Bederwood Park. The Parks Commission is in support of more active use of Orono's parks as outlined in sections from the Comprehensive Plan that he cited into the record. Murphy asked Gappa and Moorse if they were aware of the issue brought up by Mr. Cox and if there is the ability to do some screening on that parking lot or for OBA to look at it and see if they could help. McMillan added that the Parks Commission could possibly work with this issue. Acting Mayor White pointed out that this is the first time the Council is hearing about the issue and. suggested staff can give some advice on addressing screening options. Page 2 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. (2. ORONO BASEBALL ASSOCIA TION REQ VEST FOR EXPANDED USE OFBEDERWOOD PARK, continued) Sansevere asked Gappa for some ideas on what can be done reasonably. Gappa responded that screening of the parking lot may be possible but a lot of concerns over the years are directly relatedto snowmobiling noise on the trail which would involve the Minnesota Department of Natural Resources. Gappa stated the City could look at parking lot screening. Mr. Palmquist commented that screening the parking lot probably would not address neighbors' concerns because during game or practice settings their activities are on the field and not involving the parking lot. He stated that the snowmobiling use with its noise concerns is another issue. Murphy suggested that the city take some time this summer to see if something could be done to mitigate some of the noise concerns for this winter. Murphy asked Mr. Cox if this approach was reasonable; Mr. Cox agreed,. McMillan asked Mr. Palmquist how long the OBA would expect to use the Bederwood Park field on Saturdays for play or practice. The OBA President responded that Saturday practices do not begin until about 9:00 a.m. due to damp field conditions and at Carlson fields the start time is normally 9:00 a.m, to about 2:00 p,m, on Saturdays. McMillan questioned the OBA President about the use of the current concession stand. He replied that though there is a concession stand that has not been used for years, he recently inspected it, finding the concession stand to have broken doors and needing repair. There is no plan to use it. McMillan expressed her concern about litter and trash on the site. Sansevere commented that his experience with sports organizations involves the parents in the post- game/practice clean up. He was interested in knowing if any other neighbors had any objection to the request and what might be the objection. Murphy asked if the city has received any mail or letters subsequent to the city's mailed meeting notice to residents closest to Bederwood Park. Gappa reported that twenty resident letters were mailed, no phone calls were received and one letter in support with the concern about parking lot clean-up concerns was received. He stated that the city is often at the parking lot trying to clean it up as it gets a lot of use. Sansevere stated that whether or not the City Council approves the OBA request it does not stop any group from using the Bederwood Park field before or after OBA field use. This field is open for use and it makes sense for the city to provide sufficient field use for OBA. As a concession to the neighbors, Sansevere asked the OBA if Saturday field use could begin at 9:00 a.m. instead of the proposed 8:00 a.m. The OBA President indicated that they would have no problem with a 9:00 a.m. Saturday start time. Further, he offered to provide the City with their summer schedule for forty-four (44) teams from age 5 —15 years. He advised that this season increased 35 more participants than last year which added 2.5 more teams. He explained that OBA knows how to inform their participants on Page 3 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. (2. ORONO BASEBALL ASSOCIATIONREQUEST FOR EXPANDED USE OFBEDERWOOD PARK, continued) how to take care of the grounds and that OBA games generally start at 6:30 p.m. and that there is an OBA rule that no inning can begin after 8:30 p,m. Sansevere moved, seconded by Murphy, to approve the increased level of use of Bederwood Park ball field for Monday through Friday from 5:00 p.m. to dusk in accordance with OBA provision to not begin an inning after 8:30 p.m. and for Saturday use commencing at 9:00 a.m. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting of March 22, 2004 Murphy moved, Sansevere seconded, to approve the Minutes of March 22, 2004 as presented. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — Pat Wolfe, Representative Representative Wolfe provided his remarks during the discussion of the OBA request for expanded use of the Bederwood Park ball field. PLANNING COMMISSION COMMENTS --Roland Jurgens, Representative Acting Mayor White welcomed Mr. Jurgens as a newly appointed Planning Commissioner. Mr, Jurgens reported briefly on the Planning Commission meeting, noting several items had been tabled including the Big Island variance. He stated that he was available for questions and, when asked by Murphy about how things were going with his Planning Commission experience, he responded that he was excited about it. F"119140111 ululAl` Acting Mayor White invited comments from the public. There were no comments. sV7C ]�fi�Ct'Z.�7� 11iE.�l Y:t74_�ii`Y N M Zs]:71 Y 4. #04-2974 RELIANCE DEVELOPMENT CORP., HWY 12 / WILLOW DRIVE (OUTLOT A, STONEBAY) — COMPREHENSIVE PLAN AMENDMENT — TEXT DRAFT Gaffron explained that at the April 5, 2004 City Council meeting conceptual approval for a Comprehensive Plan Amendment to reflect the conditions in the March 1, 2004 letter was granted. He presented the Comprehensive Plan Amendment text and explained that the amendment will be forwarded to the Metropolitan Council for review and acceptance, as well as to adjacent Cities for comment as required by the Metropolitan Council if the text language is accepted by the City Council. Page 4 of 20 REQUEST FOR COUNCIL ACTION DATE: April 12, 2004 ITEM NO.: a Department Approval: Administrator Reviewed: Agenda Section: Name Gregory A. Gappa�/% Public Services Director's Report Title Director of Public Services �jJ+/ Item Description: Request From Orono Baseball Association for Expanded Use of Bederwood Park Introduction We have received a request from the Orono Baseball Association (OBA) to expand it's use of the baseball field at Bederwood Park from two evenings per week to five evenings per week and on Saturday after 8;00 a.m. The attached letter from Tom Palmquist, OBA treasurer, details their request. Mr. Palmquist also presented OBA's request to the Park Commission at their March I' meeting, and the minutes from this Park Commission meeting are attached for your review. In order to put this request into context, a brief history of the development of this park is provided below. A meeting notification was sent to the 20 residents closest to Bederwood Park informing them that the Council would be considering OBA's request at the April 12' Council meeting and that both written and oral comments would be considered by the Council. History of Bederwood Park Development and Use by the Orono Baseball Association The 8.8 acre Bederwood Park parcel was purchased by the City from the Larson family in 1974 for $22,000. There do not appear to be any restrictions on the development of this park, based on the purchase information in the City files, One of the park system needs, when this property was purchased, was ballfields and tennis courts. This land was valuable because of its larger size and the lack of recreational facilities in this area of the City. At this time, the Orono School District ballfields were already being used to their full capacity. The 1/3 acre property at the southeast corner of Bederwood Park, on which the parking lot is located, is the site of the old Stubbs Bay Dairy. The date that this parcel of tax forfeit land was acquired by the City is unknown. A project to use surplus fill from a sewer project to construct a ballfield in Bederwood Park was completed in 1975. In 1979, there were discussions with the Orono Baseball Association (OBA), about construction of a Babe Ruth size baseball field in Bederwood Park, but this project was never completed because of a lack of funding. In 1990, the OBA received a Little League Charter, and the association needed a regulation size Little League field. The OBA then funded about $20,000 worth of improvements to the existing Bederwood Park ballfield which included fencing the entire ball diamond, construction of dugouts and a concession stand, installing portable bleachers and a scoreboard, and upgrading the field surface. The OBA then obtained a commitment, for exclusive use of the ballfield on Monday through Thursday evenings. In 1992, the use of the field on Monday through Thursday evenings was reconfirmed. When the OBA completed the Bederwood Park improvements in 1990, the long range plan was to construct a new ballfield on the school district property, and then reduce the frequency of use at Bederwood Park, After completion of the new Lee Carlson ballfield complex in 1994, the usage of the Bederwood Park field by the OBA was reduced to two nights per week and has remained at this level since then. COUNCIL ACTION REQUESTED: Motion regarding the appropriate level of use of the Bederwood Park baseball field by the Orono Baseball Association Page I Thomas P. Palmquist 6155 Stone Court Maple Plain'M MN 55359 Home: (763) 479-3262 Cellular: (612) 360.3354 tom palmquistCcAtyancocnpanies corn April 8, 2004 Mr. Greg Gappa Community Services Director City of Orono PO Box 66 Orono, MN 55323-0066 RE: REQUEST BY ORONO BASEBALL ASSOCIATION - EXPANDED USE OF BEDERWOOD FIELD Dear Greg: I am writing to you on behalf of the Orono Baseball Association ("OBA") and our request for expanded use by OBA of the Bederwood Fields. OBA is currently limited in our use of this field to no more than two (2) days per week. As requested, the Bedorwood Field would be used up to six (6) days per week. On Monday through Friday, the hours of use would be between 5:00 p.m. to sunset. On Saturdays, use of the field would not occur before 8:00 a.m. The period of time OBA would require the use of the field would commence April 10, and the season would finish on or about July 15`x', essentially, a three month season. As you know, I appeared before'the Orono Park Commission and they voted 6 in favor and 1 against to allow use of the field up to six (6) days per week, as requested by OBA. I assume this recommendation has been passed along to the City Council. As I presented to the Orono Park Commission, OBA is making this request due to the limited availability of playing facilities, the increased number of participants and the success of our program. The Bederwood Field is desperately needed for additional practices and scheduling of games. The quality of the Little League experience is being constrained due to a lack of facilities which limits an adequate number of practices to develop player skill levels, and the competition of game settings. As you may know, OBA has contributed in excess of $325,000 of its own money for the construction of a new baseball field on Orono School District owned property, adjacent to the Lee Carlson ball fields. While this new ball field was much needed and will better serve the needs of 12 - 14 year old players, there is still a need for additional fields for younger players in the Coach/Pitch and Pitching Machine levels. The Bederwood Field is ideally suited for this level of ability, As an aside, pursuant to an agreement with City Staff, OBA has agreed to upgrade certain elements of the Bederwood Field using OBA funds. Specifically, OBA will construct a new -_ - -_-pitchers_mound,_including_pitching_rubber, add new bases and home plate, and_place Mr. Greg Gappa April 8, 2004 Page 2 additional ag-lime on the infield areas. The value of these improvements is in excess of $1,000.00. Weather permitting, this work is scheduled for April IV' and 174, with all labor and material being furnished by OBA. The Orono Baseball Association appreciates its longstanding relationship with and support of the School District, City and the Community. OBA is hopeful that our request will be granted, and the Bederwood Field would be put to better use and enjoyed by a greater number of Orono residents. I will be available at the April 12`4 City Council meeting to address any comments that the City Council, staff or residents may have. I look forward to seeing you then. Sincerely, Thomas P. Palmquist OBA Treasurer Dick and Amelia Kroeger 65 Stubbs Bay Road Maple Plain MN 55359 952-476-6126 email: ackroeger@aol.com or dicicemail@aol.com 29 March 2004 To: Greg Gappa for the Council From: Dick and Amelia Kroeger Re: Orono Baseball Association at Bederwood Park We cannot attend the presentation and meeting on Monday April 12th. We absolutely support increased use of the baseball field at Bederwood Park by the Orono Baseball Association. Our only concern would be increased litter. We recommend that the entire park and parking lot be delittered following each game. It is wonderful to see Bederwood and other city parks being used to the fullest, yet all users should be encouraged to clean up after themselves. Additional trash barrels might be placed to help encourage proper disposal and the Association should be encouraged to continue collecting beverage cans for recycling at the concession stand. Very truly yours, Dick and Amelia .Kroeger eyw�.45E of Date: ,lune 77, 1974 To: Orono City Cou,,,, , From: Subject Orono Park Commission Park Land Acquisition Parcel 5900 Piot 41440 The purpose of this letter is to submit that the City of Orono acquire the above park. Presented herein are diSCUSS"ens proposed acquisition: Description Financial Consideration - Potential Uses - Park Planning Status p�es c;r ip tion for your consideration the proposal parcel of land for use as a village of the following aspects of the The proposed park is a 8.72 acre undeveloped area located on Stubb's Bay Road in the northwest corner of its intersection with the Luce Line Trail system. A plot map of the property is enclosed with this proposal. The park is mostly open field sloping to the northwest with a wooded area and ravine in the northwest corner. An undeveloped fresh water spring is located in the southeast corner. Adjoining the southeast corner of the park is a wedge of land on which an old dairy building stood. The "dairy" property is tax delinquent and stands to be acquired by Hennepin County eventually. We plan to coordinate the use of the wedge of land as a rest park for Luce v Line users. Adjoining the park to the west is a heavily wooded undeveloped area which we intend to investigate in the future as additional park area. The park is currently owned and controlled jointly by several members of the Larson family. Financial Consideration We have reached an agreement with the the price and method of payment which readily handle the acquisition in the recreation budget. present owners of the property on both we believe to be equitable. We can resources of the city's park and T 2 The agreement is as follows: Total Price: $22,000 $ 9,000 Down $13,000 in three payments over• a three-year period 1st Year - $4,333 + 8% interest on $13,000 = $5,373 2nd Year - $4,333 + 8% on $8,667 - $5,026.36 3rd Year - $4,334 + 8% on $4,334 = $4,680 Total Cost =$22,000 + $2,080.08 interest = $24,080.08 The seller agrees to pay the 1973 taxes (due in 1970); we would possibly have to pay the 1974 taxes in 1975 and 1975 taxes in 1976. These would be expected to be similar to the 1973 tax level of $265.08, a relatively small amount and well within our capability. We received an appraisal from Mr. Martin Walsh, Village Assessor, on the fair value of the property. This appraisal is attached. As you will see, Mr. Walsh's appraised value of $2,500/acre and our agreed price of $2,522.94/acre are essentially the same and we believe, a fair value for both parties. The resources to handle the acquisition are as follows: Fees dedicated to park acquisition $ 4,083.50 Residual park funds similarly dedicated 9,700.00 Uncommitted 1974 acquisition funds (aoprox.) 6,000.00 TOTAL $18,783.50 As you can see, the 1974 down payment and the first year's payment can be readily handled with dedicated funds. We can therefore continue to plan to meet all normal obligations for 1974 and 1975 within our regular operating budget. The 1976 and '1977 payments, presuming our capital expenditure budget item remained at its current $10,000 year, is obviously within our capability. We would also expect that additional fees dedicated to acquisition will be paid in to the budget and may be used. Potential Uses As we have previously stated, we recognize the primary objective of the Orono Park Commission to be the acquisition of a suitable park. land within the city for future development. We •further recognize the need for a reasonably definitive plan for, the city of Orono for parks, including number, size, location and use. We have initiated actions to result in a park plan; however, we fully recognize Orono's lack of reasonable size parks for recreation purposes and the need to acquire such property in the near futuro while areas such as this are still available. The proposed park, we are highly confident, will be absolutely essential under our park plan. It is therefore, recommended for acquisition at this time for the following anticipated purposes: 1. one of the most. important park needs in Orono is an area large enough to include a baseball diamond, a softball diamond and tennis courts which would serve as a facility for the entire city. 2. This area that we would like to acquire is large enough and suitable for those needs including parking area. Bordering on the Luce Line Trail also makes it desirable. S. The proposed zoning in this area is 5 acre single family units. The park would be compatible with the surrounding area and distant enough from adjoining homes not to be a nuisance. 4. There is no recreational area within a radius of more than 2 miles; the nearest is the Orono Schools whose facilities are overtaxed all summer with .a long waiting list for openings. This piece of land is the only one available at the present time in all of Orono large enough and suitable for park and recreation. Park Planning Status_ We eel ta brief rpfon o�reate an Orono City Park Planshouldbe inthisrecommendation In order to conserve our resources for the acquisition of Park property, we have sought assistance from local and state organizations in creating a method by which a plan could be created at little cost. We have received an offer from the Metro Council in this regard and will be reviewing their recommended tasks in our June 1974 meeting. It is an understanding that a very meaningful) start on a plan can be made by the Park Corrmiss'on, with the assistance of the Orono City Staff, in that toclthefCity,,itsilayout, itssthe populationcandnand densitylandion of currentata pertinent the parsystem. This aa,he tnce CounctlltandwDNR,ashould enable lready dussutoecreate lines athe nd tplan satslittle oortMetro ithmodest overa'l'l :ost. 14111UTES OF A REGULAR 1 EETING HELD JUNE 25, 1974 welsh moved, Butler seconded, to approve the purchase of the Larson property, Parcel 5900, Plat 41400, 8.72 acres, located on the Stubbs Bay Road for park purposes. The total cost spread over a three-year period is $24,080.80. The legal department was instructed to complete a title search and purchase agreement. Motion, Ayes (4) - Nays (Q). Butler moved, NUVO variance to the NOX simple SlAbdiviaio located zt''3565 Wat condition of submit approval of septic Ayes (5) - Nays (0) returned at 8:20 P.II. seconded, to grant a torium and approve the or 24r. Hollis Dunn town Road on the q the 5% park fee and ys em design. motion, Butler moved+ Paurus second ', to grant a variance for Paul Pohle, 2M\Pheasant Road, on tvo conditions: 1)arland ainbgrn eshall not be changed, 2) g' g' sha �,ot"ion, Ayes (5) - Nays (0). . C9elsh moved, Massengale seoonded,to eny the variance for the John Monahan prapert located at 2237 Shadywood Road. The i.ot i.n gue tion does not meet zoning standards such as 1 t size and setback, requirements. Motion, Ayes (4) - Nays (1). Councilman Butler Na Paurus waved, Butler seconded, to approve the variance to the lot size for the proPerty owned by Albert Burkhalter located at 106G Lln Linda. [notion, !'Y ltYa(1) roan Welsh Mag. ,'AtIor moved, Paurus seconded, to apprc a the pagistered Land survey for John Cross, 2685 North Shore Drive, and waive the park fee. This approval is subject to the reviewo' tkse City Engineer. 110tion, Ayes (5) -,Nays 0). Paurus moved, Butler seconded, o approve Ordinance No. 163 which extthe moratorium as stated in Ordinance No. , until. September 30, 1974, unless repealed by COVil action. (lotion, Page 2 NW PURCHASE PARK LAND Larson Property V / 3565 ?9ater/Eown Road Pheasant Road 2237 Shadywood Road VARIANCB 1v v'6 Loma Linda. R ISTERED LAND SURVr 26 North Shore Dri. ORDINANCE 0. 165 Moratorium n,�+•t„,•d m t PURCHASE AGREEMENT auitm•arvara 1 Minneapolis Minn., RECEIVED Olr City of ... Orono ................. ....... ... ...... ... the sum of Five I3undred ............. ($ . 5170_t O.Q...) DOLLARS IChevk, Cunh or Nato—tttum Whislq .. ...........'••'...as earnesr money and in pare payment for the purchase of property at .................................................................... .... situated i6 last , County of ................... Iden<xepia'1..•.......•............•.........r State of Minnesota, and legally described as follows, to•wit: all of which property the undersigned has this, day sold to the buyer for the sum of: .Gwent Two Thousand (.. ^�,,Q,0:41.ggagqA.O�ddDsiii�& :Ic' Earnest the buyer e r .... . „ cash, on Or„abiolAt..S,ai t.s.�, tiidr�tE of . which gees to pay in the following manner: .,:� a money herein paid S 500.00,,, and S 8,5p,0...0.0 p j,, eMtdiY�. :�.: $13,000,00 by,contract of deed between sellers and buyer' of $4,333.00 per year plus interest at..the rate of eight per annuill'computed yearly on unpaid balances. Interest a the closing date. The first payment shall be due and pay 1, 1975, and a succeeding payment shall be due on Septemb and the entire balance of principal. and interest shall be in full on September 1, 1977. Payments shall be credited interest and the remainder to principle. i”. Ibl,e ;:'ran, Bdpte`s; due and payable first to Subject co performance by the buyer the "list agrees to execute and deliver a .. Cont];act•6fto..0:�;,4i 'i:iy � ' % (to be luined in by spouse, if any) conveying marketable title m said premises subject truly to the following eiecptiorkt ao ,J,I)) r ���, L'' (a) Beildfug and toning laws, ordinances, Scam and Prdend regulations, 't"14 -t' )' a""" n:. tb) Restrictions ff'any in USC Orn iter en,l„n[ of premises nes , of hi l[ r:Rl•4nt. (etfUl[ere prUYI9Infr. (<) Reservation of any minerals m mineral rights an illi State of Minnesota.:"7.0 • $! Uy (d) Utility and drainagem vasocnts which do nut butr4•re %fill present improvements. (e1 Riel• s of tenants as fullo,es: (unless specilicd, nut znbiect to tortimiesl Fit Inner shall pay rhe rc,d Bunte urxns due in the year 19 . 15.,tnd any unpaid instalimeno of special assnsments yayablt therewitAY and thereafter. Scllcr warranrl that real CS[.Ite taXCl tIUC IM1 the ;C.tr Irl /b 'Nell b4 .... .nOn... ..... ...... ..�.. n hHalebtCnS ClYirlfr(Y(dnt4 ( full, partial or non•homes.cad'—trate which) Neither the seller nor tit,- teller, agent make :my retic+entation or warrunry whatsoever concerning the enclave,[. of Mal etaM which shall he asscacd afluinu tsa'pmperty, subsequent it, ihv date of purchaso Sed ler covenants that bulldinµs, if any, air unir,ly within rhe huundnry lines of the pproperty toll egeeea to rerouvc all Yanak. pin.' Isi; not indudrd herein and nil deliria felon tine preuri,ci I'iinr to pusse•sinn data SELLER VVARRANfS ALL APPLIANCES, dEAT1 G, AI CONDITIONING, WIRING AND PLUMIIING USED AND I.00A•I'PD ON SAID PREMISES ARE IN PROPER WORKING ORDIM rye AT DATH OF CLOSING. � ! •';rs The xeller further stress in deliver pnsaessiint n,a biter tlidn Closing date ,,. prypvid(d that all conditions.'ai'114 ' Agreement have barn comp led with. Unless mhvre i.e spvoilied this sale shall IV closed on or beforo GO days from the date hereof, In ti,e event this property is destroyed ter suhvantiaily dmnaged by fire nr any other cause be&no the clwing date, this agttemene abslh . become null still void, tet the Punh,tsrr's option, and all incrims paid hereunder shall, Ea refunded to hint, ' The hayer and seller also mutually agree dna licit tarn adjustments of rent, interest. insurance and city water, and, is the case of inuane property, current operating expenses, shall IV inade as of closing date . .. .. .., ....... 'rhe• seller shall, within A reasonable time after Appr,rval of tti, agrR•nuwt, furnish An abstract of title, or a Registered Pi city Aktrur .crtifed to date ns include pngx•r sauhes orverin,: dwnivuprt•iez, and Slaw and Pcslentl lud,guunts and Ilcus. The Inciter s}tak Ue alla,scd .(1 days alter mccim tmrmO lar ex:uuin lion tel said title ;cut tic making of any objections rherem, said obievions, to be ;nark in ..racoon, ,d tide the imyn nn hervunder rs•quirtrl hall It, po,sp,med, but up„n tnneai in of title aed siiihm It days alter written notice t.. d:r 1.. , •. dm pita s 'loll perl,.an ,I,i• .. `!win ,, a•,�,r b,na U, it, ,arm.. It.,std tilt, t, wa u,.,r'. ,a d;,. .n,! :, u. t nm.!, .. •a ,:Ivo I:",i.,,. t:, ns d.e .!ate to un<tvu oluttn•,us thereto a, ulw,ruuvisled, this agreement droll Im null it,,] vusd, at upuon n the buyer, an4 neither printipal shall be liable tqr dua4ees hecaunder to he er �. All local itineration, paid by the buyer shall M refunsicd. fl tM sills m said Pretital be fined markesn�fa burgpyg" . ^ •„ said sold buyer shall default in any of the sgtamonts and contour: In default for a Perim of t0 �dapA thesl,10400; �7f terminate this o tttf and on such termination all the payments mode upon Chis contreel shall bC isra1 d h1Y 11t S f h®1, iaiU; their resMvi lit interests Cray appear, as ligold,vrd d,nnageY, time bring o the easm,ce heeeaf. This prnvis ran Yhnit nor d.pelve *!ibes�yxstry rhe ricin ,if cnG,rcinµ she sPe0hu Iv�rf,-rm.,iuc• ,f chi, v,anma provided such O'nna6T alnall mit h6• retrainlaC,I ,ts afc+re . ill, And pt(svitbd to cuhrne suth gw,wv ixrWmwtae ,hall he conurten,,d within .iv mouths .vicar such rienr of action ,hall arise. I, i, undarsna,d amt a trc,nl that thi+ "lle i+ neuic ,ultra o, rte, alpv �val Lv the owner of +,dl, premien in wrldne and that ilia undci; `t. RESOLUTION ADOPTED ORONO PARK COMMISSION SEPTEMBER 20, 1993 1. The Orono Park Comatission, supports the plan of the Orono Baseball Association ("OBA") to develop playing fields on the Orono School campus. 2. The Park Commission recommends that the City Council appropriate $20,000 from the Park Dedication Fund to assist OBA in its construction project, the total cost of which is estimated at approximately $94,000. 3. The Orono Park Commission favors OBA entering into a direct contractual relationship with the Orono School District rather than utilizing the City as an intermediary. This would emphasize the community -wide involvement in the OBA program, which is comprised only 42% of youths from the City of Orono. Nevertheless, if the School Board insists that the City be the contracting part, the Park Commission is willing to supervise OBA's usage of the playing fields. 4. Once the new playing fields on the school property are constructed, 011A's usage of the Bederwood field should be limited to two evenings per week. (D. 2 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 ROLL The Council met on t bove date with the following members present: ayor Edward Callahan, Councilmembers J. Dian oetten, Charles Kelley, JoEllen.Hurr and riel Jabbour, The following represented staff: City Adm ' trator Ron Moorse, Building & Zo g Administrator Jeanne Mabusth, City Attorney Kevin Staunton a Recorder Marva Hurst. Ma Callahan called the meeting to order at 7,30 p.m. (01) CONSENT Kelley added items #b, #11. Mayor seconded by Hurr, to approve the C #22. It was moved by Goetten,. Ayes 5, Nays 0. Motions for all items adopted by sent Agenda will be in ed in the minutes in their respective numerical order. (*2) APPRO;Oooetteri, O UTES It was moved seconded by Hurr, to approve the minutes of the Se ber 27, 1993 PARK COAOUSSION COMMENTS Item #18, Park Commission Recommendation regarding the Provision of Ball Fields on School District Property was included for discussion at this time. Randy Bosma and Steve Carlson from OBA were present. Bosma handed out some information and gave a brief description of what was included. Kelley asked about OBA's proposal for Bederwood if the work won't be completed until July. Bosma stated that OBA would need Bederwood through the end of 1994, at which time they hope to have the new fields up and running for use through 1995. OBA would then revert to using Bederwood 2 nights per week. Kelley asked about the total cost of Bederwood Park to OBA. Bosma stated that it was $29,000. Approximately $8,200 was spent repairing a drainage problem. Hurr asked about the ownership of the improvements. Bosma stated that OBA was to install the improvements at their cost and at the time of moving the program, OBA could move the improvements or leave them intact. The Park Commission recommended that the improvements be left intact. OBA prefers to leave the improvements intact. Hurr asked how much children from non -participating cities would pay. Bosma stated that these children would pay a sur -charge. I @ 3, ,NDNUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993, PARK COMMISSION COMMENTS CONT. Park Commission Chair Flint was present and commented on the OBA proposal stating that the three objectives are as follows: • 1, Operation of an excellent program, 2, Fulfillment of promises to residents that it would be a non -permanent program, 3. That the project is compatible to the overall Park Plan, It was moved by ]abbour, seconded by Kelley, to recommend approval of Park Commission recommendation regarding the provision of ball fields on school district property to be used by OBA two nights per week and approves the expenditure of $20,000 to acquire the equipment. Ayes 4, Nays 1. Mayor Callahan voted nay stating he feels it is undesirable to spend public money for a private organization and that if the School Board declined to be involved there may be reason to took at the proposal more carefully and that there is a concern that the Hockey Association may make a similar proposal in the future. (#3)) CABLE COMIVIISkiON COMMENTS 1 Jim Daniels was present. Mr. Daniels gave a brief presen\thedget for the Cablo ommission staking that it is similar tothe previous year's budget wn of two addit#one council meetings scheduled. It was moved by Hurr, secondeo approve /the 4 Budget for the Cable Commission. Ayes S, Nays 0.PLANNING COMMISSION Dale Lindquist was present. Thents frolanning Commission. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATORS REPORT (#4) #1850 JAMES SPINNER, 940 NORTH DRIVE VARIANCES It was moved by Kelley, seconded by Goetten to7b the applica' n for Variance until Mr. Spinner could be present. Ayes 5, Nays 0: (#5) #1854 T #333ANDERSON, 1490 LOY LAKE BOULEVA.RN- VARIANCES - Mr, Anderson was present. Mabusth explained that applicant is seek' side and rear setback variances for arage addition to be installed on the north side of the residan Applicant will be installing addition plantings to minimize visual impact. The septic sy m will need to be relocated and installe . Hurr asked if primary and alternate se/tic sites are required. MKUTES OF THE CITY OF ORONO PARKS, OPEN SPACES, AND TRAILS COMMISSION MEP,TING a Marc4l-2,00.4 m. 7.1 o'clock p.m.. (#4) ORONO BASEBALL ASSOCIATION Tom Palmquist, treasurer and member of the Board of Directors for the Orono Baseball Association (OBA), made a request to expand OBA's use of Bederwood park facilities. He explained that OBA currently uses the baseball field at Bederwood two evenings per week, and would like to increase that usage. Although DBA has invested $325,000 in constructing Lee Carls 11 facilities, Palmquist indicated that Bederwood is the ideal size for younger age Cs��a�l groups playing T4W1. He pointed out that OBA would also propose and pay for improvements to the fields at Bederwood, including new bases, pitcher mound, and ag line in the spring. Palmquist asked the Park Commission to consider OBA's request for additional usage of Bederwood by younger age groups and make-up games, and forward his request to the City PAGE 1 MINUTES OF THE CITY OF ORONO PARKS, OPEN SPACES, AND TRAILS COMMISSION MEETING Monday, March 1, 2004 7;15 o'clock p,m. Council for review. While she was unfamiliar with the circumstances surrounding the history of Bederwood, Silber stated that when she joined the Park Commission, she was told that the neighborhood vehemently opposed expanded use of those fields. Chair McDermott explained that, when he joined the Park Commission, OBA was using Bederwood facilities, although Bederwood was donated to the City as a neighborhood park. He pointed out that in the comp plan `neighborhood parks' must meet certain criteria, including the fact that organized use is limited to two nights per week. McDermott stated that he believed the Lee Carlson facilities were built with this notion in mind. Halvorson pointed out that there is a very nice baseball field at Bederwood. She indicated that when her son was young and played baseball at Bederwood, they felt it was a wonderful little league facility, Since the time that use of the facility was restricted, Halvorson hct the neighbors have made little use of the field. 2 V ei- OnM t 4 - Silber asked how the comp plan might impact the request for additional use. Chair McDermott stated that the comp plan would have to be amended, via a public process, to change the classification of the park. Pesek questioned what impact use of the ball park would have on neighbors, since the closest neighbors are quite a distance away from the park itself. Chair McDermott pointed out that, originally, the neighbors felt the use of the ball field 5-6 nights a week was excessive and left little or no time for neighbors and youths to use the fields. Palmquist indicated that the typical start time for OBA activities would be about 6 PM; therefore, allowing time after school for the pick-up games neighbors were referring to. In addition, he indicated that the kids using the field for pick-up games would be encouraged to join the organization. He stated that OBA would like to use the facilities more than 2 nights per week, ideally 5-6 nights, noting the field would be used primarily for practices and youths. He maintained that few homes would be affected by the noise and pointed out that the lack of lit facilities would limit the hours of use. Palmquist upheld the fact that there is a shortage of available facilities in Orono, and pointed out that Bederwood seems to be an underutilized resource, which due to the lack of use and care, is in need of the improvements OBA would perform. Silber asked whether OBA representatives would be willing to make their case to the City Council if the Park Commission were to recommend the Council hold a public process. Palmquist indicated that OBA would welcome the opportunity to plead their case to Council. PAGE 2 MINUTES OF THE CIT" OF ORONO PARKS, OPEN SPACES, AND TRAILS COMMISSION MEETING Monday, March 1, 2004"' 7:15 o'clock p.m. Halvorson indicated that she had a strong opinion regarding this request. She maintained that Bederwood is a public park, which should be available for use by Orono residents. She stated that it is a shame that no one uses this neat facility, though it was built with dugouts and bleachers for this use. Pesek concurred, stating that it would be crazy not to recommend the City Council hold a public meeting over Bederwood's use. Silber agreed, adding that Boderwood has adequate parking to support the use, She mentioned that, in her opinion, `a well used park is a well loved park'. Chair McDermott was reluctant to take a position. Halvorson moved to allow use of the Bederwood field by OBA, Rice questioned whether limitations should be placed on the use or whether it should be up for grabs Monday -Friday. He asked if the proposed improvements would be permanent. Palmquist stated that OBA would likely request use of the facilities Monday -Friday 5:30-8;30 P.M., and Saturdays until 6 P.M. at the outset. Silber suggested the motion be amended to make the recommendation subject to public consideration. Pesek maintained that Bederwood is a park within Orono which should be used. He stated that he was astounded that anyone would object to a request for usage. In conclusion, Pesek indicated that he would encourage this use and the improvements offered to be paid for by the organization. Chair McDermott stated that, typically, Orono has not provided facilities for organized sports in the past. Halvorson repeated her motion to recommend to the City Council that the City allow the Orono Baseball Association use of the Bederwood baseball ffield. In addition, Bouchard stated that any limitation that would be put upon the Orono Baseball Association approval by the City Council should be based upon public input from a public hearing. Pesek and Halvorson disagreed, stating that it is a public park and no limitations should be placed upon a public park. Council member Murphy asked what the general policy regarding parks was. PAGE 3 MINUTES OF THE CITY OF ORONO /r _ PARKS, OPEN SPACES, AND TRAILS COMMISSION MEETING `i' Monday, March 1, 2004 7;15 o'clock p.m. ' r Chair McDermott stated that the camp plan identifies Bederwood Park as a neighborhood park which would not be used by organized sports more than two times per week. Rice asked if the park donors had placed these restrictions on the park, Silber stated that a process could be followed to amend the comp plan, if OBA could make a case to the public, the City might be willing to expand the usage to a certain degree. However, she questioned whether 5-6 nights per week would be acceptable, Halvorson stated that she was in full support of organized sports for kids. She was disappointed to see an amenity like Bederwood underutilized. Pesek seconded. Gappa stated that, since the last public hearing was held in 1993, he wasn't sure if the opinion of the neighborhood had changed or whether they would still object to the use. VOTE: Ayes 5, Nays 1, Chair McDermott dissenting to the motion as presented. Murphy questioned whether there were pictures of the facility in its present state displaying its lack of upkeep and use. He suggested that might be useful to the City Council. Gappa indicated that OBA maintains the field within the fence line. He suggested that OBA be allowed to state their case. Silber maintained that the City should encourage the fact that, they have an organization, OBA, who has stepped forward saying they want to take care of the park and its facilities. They are willing to make the investment, at a time when funding is a critical issue. She encouraged the OBA to consider adopting maintenance of the sign and it's landscaping as an indication of their good faith. Palmquist stated that he could take the landscaping of the sign suggestion back to the organization. He believed that, unfortunately, a vocal minority has kept the park from being used, and OBA would like to be given the opportunity to state their case. Pesek reiterated that this request fulfills two of the Park Commission goals, first, to increase utilization of parks, and second, improve the condition of parks. Gappa pointed out that, in general, you don't see too many pick-up games in any sport anymore, (#6) FEBRUARY 2004 COUNCIL ME' ETINGS Commission for the Commission 0 CITY of ORONO �y MunicipalOfnces Street Address: Melllnq Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 March 18, 2004 Dear Bederwood Park Neighborhood Residents; The City of Orono has received a request from the Orono Baseball Association for increased usage of the baseball field at Bederwood Park. This baseball field is currently limited to use for only two nights per week by the Orono Baseball Association. The Orono City Council has scheduled a neighborhood informational meeting for 7:00 p.m. at the Monday, April Wh Council meeting to solicit public input on this issue. Representatives from the Orono Baseball Association will present their request for increased usage of the Bederwood Park baseball field to the City Council for consideration at this meeting. Thank you for your assistance in this matter. Please contact us at 952-249-4600 should you have any questions. Written comments may also be submitted to the City prior to the Council meeting for inclusion in the Council agenda packet. Sincerely J 0l�J Greg Gappa V Director of Public Services Telephone (952) 249-4600 • Fax (952) 249.4616 www.ci.orono.mn.us Tom Palmquist Alvin Balgaard Jeffrey & JoArme Bartlett 6155 Stone Ct 3560 Bayside Rd 3568 Bayside Rd Maple Plain, MN 55359 Long Lake, MN 55356 Long Lake, MN 55356 Kevin & Lisa Olsen Herbert Olson Steven & Marilyn Cox 3580 Bayside Rd 3640 Bayside Rd 3700 Bayside Rd Long Lake, MN 55356 Long Lake, MN 55356 Long Lake, MN 55356 Gorge Terp Margaret Williams Gerald & Joann Gustafson 165 Boderwood Dr 185 Bederwood Dr 200 Bederwood Dr Long Lake, MN 55356 Long Lake, MN 55356 Long Lake, MN 55356 Henry Kadlec Jeffrey Mueller Carlton & Marie Hagberg 220 Bederwood Dr 222 Bederwood Dr 3485 Christine Dr Long Lake, MN 55356 Long Lake, MN 55356 Maple Plain, MN 55359 Joseph & Susan Manikowski Robert & Jan Ryan Michael & Janelle Shields 3505 Christine Dr 3535 Christine Dr 3575 Christine Dr Maple Plain, MN 55359 Maple Plain, MN 55359 Maple Plain, MN 55359 Dennis Krmp Richard & Amelia Kroeger Donald Malby 25 Stubbs Bay Rd N 65 Stubbs Bay Rd N 75 Stubbs Bay Rd Maple Plain, MN 55359 Maple Plain, MN 55359 Maple Plain, MN 55359 Weldon Dunn Clement & Winnifred Kroll Rick Rice, I 40 Stubbs Bay Rd S 60 Stubbs Bay Rd S 2700 Kelly Ave Maple Plain, MN 55359 Maple Plain, MN 55359 Excelsior, MN 55331 Andrew McDermott, III Pauline Bouchard Paul Pesek 2702 Walters Port Lane 1860 Shoreline Dr 1235 Lyman Ave Excelsior, MN 55331 Wayzata, MN 55391 Wayzata, MN 55391 J. Patrick Wolfe Irene Silber Debora Halvorson 2871 Casco Point Rd 4625 West Branch Rd 3135 North Shore Dr Wayzata, MN 55391 Mound, MN 55364 Wayzata, MN 55391 CITY OF ®RUN® Park Name: Casco Point Park Classification: Nature/Conservation Area Legal Description: PID 20-117-23 43 0031, LotBIk 150 Plat 43300 Parcel 6150 Location: Casco Point Circle (map section #20) Size (in acres): 8.25 Character: Heavily wooded lot with several meadows and 'gradually sloping terrain located at the tip of Casco Point, park has one low lying area that acts as a catch basin; passive conservation area. Adj acent Land Use: Single -Family Residential Physical Features: Gently rolling terrain with one low lying drainage basin. Vegetative Features: Mostly dense deciduous trees, some conifers and grassy meadows. Fisting Facilities: Park identification sign Special Use Groups: Neighborhood residents, cross country skiiers, picnic Problematic Conditions: Occasional snowmobile usage, Neighbors sometimes park vehicles and trailers in the park area. The width, of the right-of-way adds to the confusion of the parks boundaries. Overgrowth of buckthorn on southwest portion. Deed Restrictions - - or Purchase Conditions: The deed to the property, dated December 30, 1971, specifies that the conveyed premises shall be maintained as an open space natural woodland, that no buildings may be constructed, no recreational facilities inconsistent with the retention and preservation of the land, and no construction of a parking lot, washroom facility and/or other permanent VIII -7 Casco Point Park CITY OF ORONO Notes: Casco Point Park is an 8 acre park at the end of Casco Point Road. It is left in its natural state and only mowed 3-4 times per year. V1I1_8 Casco Point Park. co co 198.1 Casco Circle Point Park Thickly Wooded Terrain 8Q� ��� 315.67 Casco Rd. Circle Section Number' 20 Approximent Acreage: 8.25 -Distance in feet 100 0 100 200 1 I MINNESOTA STATUTES 2013 465.03 465.03 GIFTS TO MUNICIPALITIES. Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every such acceptance shall be by resolution of the governing body adopted by a two-thirds majority of its members, expressing such terms in full. History: (1830) RL s 767; 1913 c 319 s 1; 1949 c 294 s 1; 1973 c 123 art 5 s 7 Ste% N� SAWS `fl�A-Roi%3 f` ✓_(clerS oA?,AY MINA REM.aD, f Copyright © 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. Tonka Bay Donation Program r Dear Friend of Parks and Trails: Whether you want to celebrate a special occasion, remember a loved one or help a park in need, there is an opportunity to do so through one of the donations listed in this guide. The Donation Program was established to give citizens the opportunity to assist the City of Tonka Bay in replacing or adding to park amenities through donations. In return, citizens have the opportunity to recognize someone or thing through installation of a plaque. Step 1: Inquiry Donor completes the attached form with donor information, the item they are interested in donating, and the specific park. Step 2: Confirmation The City will confirm that the requested item is available for donation. If not, it will suggest other appropriate locations for the donor to consider. Donors will also receive approval for the plaque language. Step 3: Payment Once an item, location, and cost is agreed upon, the donor can finalize the donation form and return it with a check to City of Tonka Bay. Step 4: Approval We will send a receipt to the donor acknowledging that the donation has been received and let the donor know the estimated installation date. Step 5: Installation The donated item will be installed when both the required materials and the plaque are delivered. Donation Opportunities Your contribution can be directed towards a specific purpose to help us continue to improve and expand Tonka Bay's parks and trails. Donation descriptions and amounts are listed in three categories: Park Amenities, Trail Donations, and Park Fund Support. Park Amenities The gift of a bench or other park amenity is a perfect way to help a park in need and to honor a loved one or celebrate joyous occasions! Bench Bench donations require an $850 donation which includes installation of a new bench with plaque. Tonka Bay's standard bench is a 6' bench constructed of heavy duty concrete as pictured above. Parks that need bench additions or replacements include: Old Orchard, Manitou Park, Wekota Park, and Pleasant Park. Picnic Table Picnic table donations require a $1,250 donation which includes installation of a picnic table with plaque. Tonka Bay's standard picnic table is a rectangular concrete table with handicap access as pictured above. Parks that need picnic table additions or replacements include: Old Orchard, Manitou Park, Wekota Park, and Pleasant Park Drinking Fountain Drinking Fountain donations require a $1,400 donation which includes installation of a fountain with plaque. Tonka Bay's standard drinking fountain has a concrete pedestal mount with handicap access as pictured above. Parks that need drinking fountain additions or replacements include: Old Orchard, Manitou Park, and Pleasant Park Recycling/Trash receptacle donation requires a $950 donation which includes installation of a receptacle with plaque. Tonka Bay's standard receptacle is constructed with concrete and includes a "covered pitch in" as pictured above. Parks that need receptacle additions or replacements include: Old Orchard, Manitou Park, Crescent Beach, Wekota Park, and Pleasant Park Playground Equipment Playground equipment donation requires a $1,500 and up donation. You can donate individual pieces or furnish the entire tot lot or playground. Contact us for more information at 952.474.7994. Trail Donations If you enjoy walking or riding a bike to your favorite park, trail or other destination, consider making a donation to support this trail endeavor. Donations in any amount are welcomed to support a proposed walking and biking trail along County Road 19/Mantiou Road. The Trail Committee is also actively pursuing planning grants for a trail. We anticipate the trail will become a great amenity to the community. For more trail information, contact us at 952.474.7994. Park Fund Support Donations in any -amount for general park and recreation purp__oses are always-accepted-- and lwaysaccepted _ _and appreciated! Donation Program Policy This policy is designed to enable residents and park users to support Tonka Bay parks through a tax-deductible contribution. It has been established to ensure that appropriate oversight is provided in preserving our City parks. To protect park resources, values, and the park visitor experience, donations shall fully respect the priorities, purpose, and integrity of the City parks. This policy does not supersede the regulations or ordinances of any City of Tonka Bay regulating authority. 1. Tax Deductible a. Donations to the City of Tonka Bay may be tax deductible, please see your tax advisor. b. Donated furnishings are property of the City of Tonka Bay and contributions will be acknowledged by a plaque. The plaque is symbolic of the donation and does not entitle the donor to ownership of the particular donated element. 2. Site a. Although suggestions will be considered for a particular location, placement of park amenities in the city park system are subject to approval by city staff and will be dependent on the needs of the city and planning processes already underway. Some sites may be deemed inappropriate. b. The city retains the right to remove and/or relocate a donated element and plaque at any time when they interfere with site safety, maintenance or construction activities. If an element needs to be relocated, the city will notify the donor. In certain situations, such as safety or emergency situations, the notification may be made after the action is taken. In the event a donation must be permanently removed, the City will seek an alternative location. If no such location can be found, the memorial plaque can be placed on a different existing park feature at the donor's request. 3. Plaque a. Plaque language is subject to approval by city staff. b. The Donation Program is intended to increase public enjoyment of parks; therefore wording for the plaque should have a positive tone. Donors are encouraged to choose messages that are uplifting, inspirational or promote enjoyment of the park area in which the asset is located. C. The dedication plaque may include up to 10 words (including names) in a maximum of 3 lines. d. Assets donated through this program should not be intended to serve as replacements for appropriate memorial markers. Dates indicating lifetime of a deceased person or persons will not be permitted. e. Messages of a private nature and acronyms are not permitted, as members of the public may wrongly interpret them. Suggested language for plaques is: Dedicated to (Name) (Year Installed) Permanent plaques are not allowed on trees or any living landscape element. 4. Approval Process a. Donation requests will be processed in the order received. b. All park amenities will be constructed of materials selected by the City Council to meet the design and maintenance considerations of the City. C. Complete funding for the donation must be processed before the commencement of any work. The current donation levels are stated herein. These amounts are adjusted periodically. 5. Maintenance The long-term care and maintenance of donated park elements is important to both the donor and City. The City will determine the level of maintenance required for the donated property based upon available budget funding and the type of care needed to reasonably maintain the donation. 6. Life Cycle of Donation a. The City considers it our duty to maintain the donation only for the expected life cycle of the donated item. Because park furnishings only last for a matter of years before requiring complete replacement, donated furnishings may become available for renewal after 10 years, with preference given to the original donor. b. If current information is on file, the donor will be given the opportunity to take further action at the expiration of the original life cycle. If we are unable to contact you or you choose not to renew, the plaque will be removed and the site will be offered to a new donor. It is important that the donor always keep their contact information current. Tonka Bay Donation Program r Applicant • • Donor Name Address City, State ZIP Daytime Phone Email Donation Information Donation Type Desired Location (park name or street address and describe the location within the park) Donation Amount (please see program for current donation levels) Proposed Plaque Text (reviewed for appropriateness to policy and subject to approval) I have read, fully understand, and agree to abide by the attached Donation Program Policy. Signature of Donor Date Please complete and return this form and your check for the total amount (payable to "City of - Tonka -Bay") to: --City of Tonka Bay,, 4901-Manitou-RoadTonka-Bay,-MN--55331 -- - If you have anv questions please contact us at 952.474.7994. DRAFT FOR PUBLIC REVIEW CITY OF EDINA e DONATIONS POLICY OVERALL POLICY The objective of this policy is to provide a welcoming and efficient system of uniformly and responsibly accepting donations to the City of Edina. The policy encourages donations from individuals, civic groups, churches, organizations, foundations and businesses for either specified or unspecified use by the City. The policy also creates systematic procedures for the review and acceptance of gifts by identifying the City agency(les) responsible for accepting gifts; maintaining standards for accepting gifts; managing gifts; keeping records of gifts; and facilitating appropriate recognition of donors. DEFINITIONS "Gift" and "Donation" shall be synonymous. They may be monetary contributions, material items, intellectual property, or services, which the City Council has accepted and for which the donor has not received any goods, services, or advertising service in return. City Facility: Includes parks, buildings, major features, streets and amenities owned by the City of Edina. Existing Donation: Donations accepted prior to the adoption of this policy. New Donation: Donations made after the adoption of this policy. Restricted Donation: A donation given for a specified purpose or with conditions for use attached. Sponsorship: Financial support of a program, good or service where the sponsor receives advertising in return for their sponsorship. AUTHORITY The acceptance of donations must comply with Minnesota Statute 465.03: Gifts To Municipalities. The acceptance of gifts requires administrative action. Only the Edina City Council retains the authority to accept gifts. The City Council retains the sole authority to accept grants from the Edina Community Foundation. BACKGROUND AND PRINCIPLES The City of Edina should encourage and support gifts, grants and sponsorships from individuals, civic groups, churches, organizations, foundations and businesses because it is in the best interest of the City to receive additional funds and material gifts. An objective of this policy is to foster an environment that allows for a deeper commitment to the City through the act of giving. City residents and staff should be proactive in identifying and securing appropriate Edina Community Foundation grants for the good of the City. Donations Policy Draft for Public Review 3.27.12 DRAFT FOR PUBLIC REVIEW All gifts should be in keeping with the mission, ordinances, philosophy and policies of the City. The development of public facilities is expected to be the result of careful planning and quality construction, not to accommodate gifts. City facilities are to be enjoyed and used by all citizens and are not to become shrines to donors, memorialized persons or business entities. Donor recognition should not compete for attention, nor attract attention away from, the purpose for which the facility was created. Donation acceptance standards and procedures should be clear and consistent, and foster cooperation between City staff and the donor. Acceptance procedure should ensure that donations not become burdensome to the City and that donors understand the City's policy for upkeep and retention. For donations of material items, all installation, and recognition costs should be included with the cost of the donation. The City reserves the right to charge maintenance costs. The City should not become burdened by pledged gifts that are not obtained, and therefore, pledges should not be considered donations. With the exception of real property, all material donations have a specific lifespan that should be clearly defined at the time of acceptance. The City of Edina encourages and welcomes donations by private citizens of certain conservation easements, in order to protect natural, scenic, open or wooded areas within the City. REAL PROPERTY Real Property donations shall be reviewed and a legal opinion rendered thereto by the City Attorney before acceptance by the City Council. GRANTS FROM THE EDINA COMMUNITY FOUNDATION A grant to the City from the Edina Community Foundation shall be considered as a donation and shall comply with this policy. SPONSORSHIPS Donations received through sponsorships shall be considered as donations and shall comply with this policy. GIFTS OF PROFESSIONAL SERVICES Professional services and waivers of fees shall be considered as donations and shall comply with this policy. NEW DONATIONS ACCEPTANCE CRITERIA The following criteria shall be applied in determining whether a donation is appropriate for acceptance. 1. The donation shall meet a true need of the City. A facility may be determined to be fully developed and the opportunity for donations may not be available. 2. The donation shall be consistent with existing City policy, program outcomes and department Donations Policy Draft for Public Review 3.27.12 DRAFT FOR PUBLIC REVIEW 3. The donation covers the full cost for the purchase, recognition installation, and if required, maintenance during the expected life span of the feature. 4. The donation shall not typically result in an increase to the City's budget. Recipients shall bear in mind that donations are typically to be considered one-time supplements to Departments and should not be used to develop new programs or services which would require budget supplements from the City in the current or subsequent years. 5. Accounting for the item or fund shall not be excessively difficult 6. The donation contains equipment that does not require extensive repair or maintenance, and if so, maintenance support is available and not burdensome. 7. The donation does not require the purchase of a burdensome amount of additional items in order for it to be useful. 8. The donation does not present a conflict of interest for the City or its employees. 9. The donation shall not interfere with the intended current or future use of the facility. 10. Pursuant to Minnesota Statute 465.03, "Nothing herein shall authorize such acceptance or use for religious or sectarian purposes." 11. The donation does not require the relocation of other equipment or infrastructure to accommodate it, unless the expense of such accommodation is included in the donation. 12. The City shall not accept sponsorships under conditions where sponsorship advertising detracts from, disrupts or adversely affects the experience or value of the service being provided. 13. The donated item or service shall not pose an unacceptable level of liability to the City. 14. If there is any question as to the legal owner of the donated item, proof of ownership may be requested. 15. The public shall refrain from creating a shrine. 16. No upright monuments or monuments resembling those typically found in cemeteries shall be accepted or installed at any City facility. The only exception to this criterion is the Veteran's Memorial monument. 17. No donations or sponsorships shall be accepted from individuals, groups or businesses that demand that, in return for their donation, the City advertise alcohol, tobacco, gambling or pornography. Donations Policy Draft for Public Review 3.27.12 DRAFT FOR PUBLIC REVIEW NEW AND EXISTING DONATION SPECIFICATIONS Donations and their associated acknowledgement become City property upon formal acceptance by the City Council. This policy does not consider donation pledges as donations. The City reserves the right to remove, relocate or dispose of donations and their acknowledgments when they have been vandalized or damaged by an natural act beyond reasonable repair, reached the end of their life span, or when the donation and acknowledgment interferes with: site safety, maintenance, facility use, aesthetics or construction activities. In accordance with this policy, the City shall attempt to notify the donor in writing at the address on file, of any action related to the disposition of the donation. In certain situations, such as safety or emergency situations, the notification may be made after the action has already taken place. In the event a donation must be permanently removed from its current site, the City shall seek an alternative location, consistent with this policy. The City reserves the right to seek a new donor for an existing gift at the end of the established life span should the original donor choose not to renew the donation, or if the City has not been able to contact the original donor. The City Manager or appropriate Department Director shall recommend to the City Council approval or rejection of all gifts and the location of their placement. The Department Director shall ensure that the products, construction materials and design meet City standards for maintenance, aesthetics and longevity. A specific life span shall be stated for all material donations. The City does not guarantee the life span of a donation. The City does not guarantee survivability of trees, plants or gardens. The size at planting and specie of tree or plants shall be limited to those determined by the City. RESTRICTED DONATIONS Staff shall assure that restrictions are reasonable and the donation is practical to accept and meets the criteria of this policy. All terms of restricted donations shall be clearly stated on the Donation Application and Agreement Form. City Council shall take action on the terms of the donation after hearing the advice of the Department Director or City Manager. Donations requesting the naming or dedication of a City facility shall comply with the City of Edina Naming and Dedication of City Facilities Policy. ACCEPTANCE PROCEDURE Administrative Responsibility: It shall be the responsibility of the City Manager to ensure that proper City officials are informed of the donation; that the donation conforms to this policy; that the donation is acknowledged; that City Council goes through an approval process accepting or rejecting the donation; that timely reports are made; and that suitable recognition Donations Policy Draft for Public Review 3.27.12 DRAFT FOR PUBLIC REVIEW is afforded the donor. The City Manager or a designated staff member shall maintain a record of each donation. The donation record shall include the City of Edina Donation Application and Agreement Form. The Form shall contain all pertinent information such as the donor's name, name of the person, in whose honor the donation is dedicated, and the location or placement of the gift, If applicable. The Form shall state whether or not the gift is restricted, and if restricted, must specify the terms and details of the restrictions. Also included in the record shall be, if the gift is monetary, the dollar amount given, if the gift is not monetary a description of the donation, the lifespan of the gift, and a calculation of the cost of the donation to the City. The Form shall contain a signed acknowledgement that the donor has read and agrees to the City Donations Policy. Notification: It is the responsibility of the donor to provide the City with a current address for purposes of notification regarding their donation and to notify the City in the event of a change in such address. The City shall send written notice to the donor at the most recent address on file, notifying the donor of changes related to the status of their donations, such as a need to remove, relocate, dispose of the donation, or comply with conditions set forth in this policy. Installation: City personnel shall be responsible for approving the installation of donations. A gift installation shall not commence until donations for the cost of the entire donation project have been accepted by City Council. The installation shall be scheduled at a time and date as determined by City staff so as not to unnecessarily interfere with City activities. Costs: The cost of a donation shall include the cost of purchase, the cost of a recognition plaque or element, site preparation, installation, and, if required the estimated cost of maintenance for the expected life span of the donated item. The expected life span of items typically donated shall be specified on a separate schedule. DONATION APPROVAL AND ACCEPTANCE STEPS 1. The donor and City staff shall each complete their sections of the Donation Application and Agreement Form when donations are received. The donor shall retain a copy of this form as a receipt, a copy shall be sent to the City Manager and a copy shall be provided to the Finance Director. 2. Staff shall not place a value on the gift. 3. All cash gifts shall be deposited immediately with the Finance Department in accordance with City cash collection policy and procedure and shall be accompanied by a copy of the Donation Application and Agreement Form. 4. The Department Director shall preserve a record of donations to their department, and the City Manager shall preserve a record of all donations, and those not given to a specific department, by maintaining and updating contact information when notified, on the Donation Application and Agreement Form. Donations Policy Draft for Public Review 3.27.12 DRAFT FOR PUBLIC REVIEW 5. Cash donations shall remain in the General Fund account until they are spent for their intended purpose. Unspent cash donations shall be carried over to the new fiscal year. 6. The City Manager or Department Director shall acknowledge each gift of $250 or more by letter, thanking the donor for the gift. Further appreciation and acknowledgement shall be at the discretion of the City Manager or Department Director. RECOGNITION PROCEDURES A ceremony or gathering for recognition shall be permitted, and shall be arranged in coordination with City staff. At the discretion of the Department Director or City Manager, the City may acknowledge donations publicly on the City website and in the City's other publications. The City may recognize donors who have donated $5,000 or more to the City at one time by placing their name, if desired, on a plaque. Donors, who have collectively contributed more than $5,000 over a period of time, but never $5,000 at one time, shall not be recognized on a plaque. A donor who gifts the City less than $5,000, with the exception of bench donations, shall not be recognized by a plaque. Donors of benches shall be recognized according to the following criteria: standard recognition plaques shall be used on donated benches to promote consistency in cost, size, type and mounting with plaque language approved by the City. Bench plaques shall be a maximum of 3" high by 6" wide. The Department Director or City Manager shall give prior approval for all acknowledgement and sponsorship signs, print material or banners. The City prohibits locating, installing and maintaining individual tree plaques at the tree site. Recognition for tree donation shall be at the discretion of the Director of Parks and shall include recognition in a City publication or on the City website. The Director of Parks shall record the date and location of the planted trees, and if the donor prefers, information about the reason for the donation. Donations Policy Draft for Public Review 3.27.12 Donations - CITY OF BEMIDJI Page 1 of 3 Amenity Donation Program The Amenity Donation Program was established to give citizens the opportunity to assist the Department of Parks and Recreation In maintaining, replacing or adding to park amenities through donations. In return, citizens have the opportunity to recognize someone or thing through Installation of a plaque. In order to allow for a coordinated and consistent program for soliciting and recognizing contributions, we have established an introductory letter and the following guidelines. Some of the standard items are benches, picnic tables, and trees. However, the Department of Parks and Recreation would be Interested In working with you on any types of amenities that exist in the system. 9 APPLICATION -AMENITY DONATION PROGRAM (Fill In and print) Scope • Memorials • Park. Namino Opportunities • Memorial Tree Donatlons • Park and Other Amenity Donations • Tree. Bench and Other Park Amenity Donation Process • Memorial Donation Fee Schedule Seai Scope The Bemidji Parks and Recreation Department amenity donation guidelines allow for several types of donations. We encourage citizens to contact the department to discuss ideas for locations. However, final memorial locations will be dependent on the needs of the department and planning processes already underway. Return to Top Memorials Memorials will be accepted In the following categorlm Memorial Tree Donations Living memorial donations will be accepted in the form of tree plantings in city parks. Bench and Other Park Amenity Donations Bench donations will be considered within the Department park system. General Memorial Donations Donations for general park and recreation purposes, project development and programs are accepted and encouraged. --- --- ------aunues, rounwmsi rrazas, uaroens,-etc. —--------- Donatlons of statues, fountains, plazas, gardens, etc, may be accepted under specific circumstances. Bemidji Parks and Recreation Department will determine placement of all such memorials. http://www,ci.bemigii.mn,us/index.asp?Type=B_LIST&SEC=%7BFOAA67OA-9AD5-4E74-A7F1-00607BA5D569%7D 4/29/2014 Donations - CITY OF BEMIDJI Page 2 of 3 Return to Too Park Naming Opportunities Naming of a park as a memorial may be submitted to the Director of Parks and Recreation Department (Please refer to the Parks and Recreation Department Facilities Naming Policy). Amenity donation opportunities are outlined in detail below. Return to Too Memorial Tree Donations. The Parks and Recreation Department will accept trees donated by the public for gifts and memorials to be planted In appropriate locations In the parks for a fee. The following. guidelines will apply: • Tree species must be approved by Parks and Recreation Department In advance. • Tree caliper must be at least 2" for deciduous trees, • Tree height must be at least 5' for evergreens. = Plaques will be included as pan of the memorial tree donation program with design placement and language to be approved in advance by Parks and Recreation Department. The memorial plaque will be provided and paid for by the donor. In Instances where trees do not survive, tree replacements will be provided if park Department staff planted the tree, Replacement trees may or may not be of the same variety as that of the original donation. The Bemidji Parks and Recreation Department will consider special park location requests with the final location to be determined by the Department, = Requests may be made at any time of the year and will be considered for the following spring or fall planting. Ashes of deceased loved ones may be planted with the tree at the time of planting. Tree Planting Process: Trees can be purchased from a local tree nursery or business as long as they meet size qualifications and quality as determined by Bemidji Parks and Recreation Department. Donors must pay the business for the cost of the tree and delivery cost to the Public Works Facility. A planting and maintenance fee of $75 will be charged by Bemidji Parks and Recreation Department. Tree Replacement/Future Plantings Program: If a donorwlshes to remember a loved one by replacing a tree or shrub that did not survive in the park system or by assisting the Department with future plantings at locations determined by the park Department, they are encouraged to make a donation to the tree replacement/future plantings program through the Bemidji Parks and Recreation Department. These donations will beused, on an as needed basis, to replace and plant trees enhancing the beauty of our park system and our city. A minimum donation amount of $125 will be accepted for this purpose. Return to Too Park and Other Amenity Donations Theprogram of donating benches and other park amenities, such as picnic tables, give citizens the opportunity to assist the Parks and Recreation Department In maintaining, replacing or adding to park amenilieso as well as the opportunity to recognize someone or thing through Installation/renovation of a parkamenity and placement of a recognition plaque In a park. The following guidelines will apply: Although suggestions will be considered for a particular location, placement of park amenities in the park system must meet the pian and requirements of the particular park and the Department. Final decisions as to location will be determined by the Bemidji Parks and Recreation Department. BemidjiParksand Recreation staff will Identify existing benches and other site furniture which would be desirable to replace with a memorial bench or other amenity. Donors will be encouraged to provide replacement amenities at these locations. Gift contributions for benches and other amenities will be of the amount listed in the Parks and Recreation fee schedule which is available by contacting the Parks Department. The memorial fee will Include the bench, picnic table or other amenity, Installation, a len year maintenance plan and administrative costs of the program. Park amenities will be accepted on the basis that they will be maintained for ten years in their original location, or in an area near their original location. After 10 years, the amenity may be removed or relocated pending redevelopment of the park site. Small plaques may be included on the bench with design, placement and language to be approved by the park Department. All park amenities will be constructed of materials selected by the Bemidji Parks and Recreation Department to meet the design and maintenance considerations of the department. Return to Toe Tree, Bench and Other Park Amenity Donation Process Donation Process Please submit an application to Bemidji Parks and Recreation Department outlining your donating request including ideas as to location. We encourage donors to consider placement of park amenities where an existing bench/amenity is scheduled to be replaced. Staff will respond to your application with information as to available donation opportunities in your desired location or alternate locations. For all memorial donations, staff will inform the donor of the scheduled planting or installation time and location In order to offer an opportunity for the donor to be present during the planting or installation. Families and friends are welcome to hold a dedication ceremony for the person being memorialized. Ashes of deceased loved ones may be planted with-the—tree at the time of planting. We will consider the request in conjunction with park construction and renovation plans.. If the donation request falls within a current park site concept plan process, approval of the Parks and littp://www.ci,bemidji.liui.us/index.asp?Type=B_LIST&SEC=%7BFOAA670A-9AD5-4E14-A7F1-00607BA5D569%7D 4/29/2014 Donations - CITY OF BEMIDJI Page 3 of 3 Trails Commissioner may be necessary. Due to the timing of park planning processes and our annual review of park amenity requests, the total process for Installation may take six months or more, Donations to Amenity Donation Program will be recognized with a letter of appreciation from the Parks and Recreation Board of Park Commissioners. General Donations General donations gifted to the Bemidji Parks and Recreation Department will be acknowledged by a letter from the Director. Funds generated by these donations will be used to best meet current needs of the department as determined by the Director. From time to time, the department may be accepting donations for a specific project to benefit the Department. A list of opportunities for project -specific donations will be maintained and provided to those who express Interest. Memorial Statues, Fountains Plazas. Gardens etc. Memorial Donations which are large In scale are generally not encouraged. To the extent that projects of this nature are consistent with park planning processes, they may be considered on a case-by-case basis. Donors may contact the department to discuss their idea. Park Naming Opportunities exist for naming of park sites within the park system. Naming of a park as a memorial may be submitted to the Director of Bemidji Parks & Recreation Department Return to Too Memorial Donation Fee Schedule The following is the fee schedule for memorial donations to the Bemidji Parks and Recreation Department. Specific information as to memorial donation opportunities can be found in the Memorial Donation Policy. Memorial Tree Donations Tree purchased from a local nursery or business cost charged by business for purchase and delivery to Park Operations department Administrative fee (covers planting and maintenance) $75 Tree Replacement/Future Plantings Fund $250 minimum donation Memorial Bench Donations Bench cost (varies based on site needs and business chosen for purchase) $500-1000 Please contact the Bemidji Parks and Recreation Department for other donation considerations. Return to Top http://www.ci.bemidji.mn.us/index.asp?Type=B LIST&SEC—%7BFOAA67OA-9AD5-4EI4-A7FI-00607BA5D569%7D 4/29/2014 City of Sault Sainte Marie MEMORIAL TREE AND PARK BENCH DONATION POLICY It is the policy of the City of Sault Sainte Marie (City) to accept donations for the purpose of planting trees and installing benches within the City Parks to memorialize a departed family member or friend, or to commemorate a special occasion. All donations shall be in compliance with the following: A. Donations for Memorials will be accepted only for the purpose of purchasing and planting of trees, and for purchasing and installing park benches approved by the City. The Community Services Board (CSB) shall review and approve all such donations in advance. B. Memorials shall be self supporting, i.e. all costs related to a memorial shall be at the expense of a donor(s), including repair or replacement, if necessary. If at any point in the future whereas the tree dies and or bench(es) become in disrepair, the City may remove such items. The City is not responsible for maintenance of donations beyond the normal maintenance program. C. Any tree that is mutually agreed upon by the donor and City staff is acceptable. Some trees may be prohibited based on our weather, tree species and soil conditions. D. Most park areas will be permitted, provided that the location is mutually agreed upon by the donor and City staff. E. Memorial trees) and bench(es) are permitted to memorialize a departed family member or friend, or, at the discretion of the City, to commemorate a special event. F. Memorial donations will be recognized by use of a memorial plaque which will be displayed near the donated tree(s) or on the donated bench(es). Any displays must be approved by the City in advance. The City will provide residents with a list of recommended park benches for memorial use. This list shall include a description of each bench and color photo. At the request of staff, Community Services Board and the City Commission, the list of recommended benches for memorial use will be reviewed and amended as deemed necessary. Standard memorial plaques shall be used to promote consistency in cost, size, type, and mounting, with plaque language approved by the City. All placements of plaques must be approved by the City to facilitate grass maintenance operations. G. A ceremony or gathering at the time of a tree planting is permitted, but must be arranged in advance with City staff. H. The City does not guarantee tree survivability, park bench(es) and plaque longevity. I. City staff shall maintain a record of each donation. The record shall contain all relevant information such as the donor's name, person's name who is being memorialized, bench __and/or tree_location,_type_of_tree _or bench, _etc.-- (Passed tc _ (Passed by City Commission - Monday, October 2, 2006) Name: Address: State: Phone #: Email: City of Sault Sainte Marie Parks and Recreation Department 225 E. Portage Avenue Sault Sainte Marie, MI 49783 Phone(906)632-5768 publiework@sault.com www.saultcity.com Memorial Tree and Park Bench Donation Application Date: City: _ Zip Code: Fax #: Please indicate if you are interested in donating a memorial tree or park bench. Memorial Tree ❑ Memorial Park Bench ❑ Please indicate if you are interested in donating a memorial plaque. Yes ❑ No ❑ Please describe the location you wish to place a memorial tree or park bench. If you wish to donate a memorial tree, what type of tree would you like to donate? If you wish to donate a memorial plaque, please describe what you would like to be written on the plaque: Please enclose a non-refundable deposit of $250.00 and return to the Parks and Recreation Department office. Prior to tree and/or bench installation, remaining balance must be paid in full. Receipts will be provided. Please make checks payable to: City of Sault Sainte Marie -Please Note:_All_locations of memorial_ tree_ or_park_bench,_type of tree,_and_plaque-display _must be__- pre -approved by the City r i