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HomeMy WebLinkAbout03-31-1997 Council Packet Special MeetingCOO/Vcj■“■«<esr/A/Q 31 199? C/TY of Of?o/Vo AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 31, 1997, 8:00 A.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 1/ (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL 1. PUBLIC HEARING - Natural and Scenic Area Grant Application • -• —'t ».■ REQUEST FOR COUNCIL ACTION DATE: Mar ITEM NO: <®^oJ.997 I % Department Approval:Administrator Reviewed:Agenda Section: Name RonMoorse J/7 City AdminisUator’s Title City Administrator Report Item Description:/ Public Hearing Regarding a Natural and Scenic Area Grant Application Attachments: 1. Project Narrative and Site Evaluation to be included in the grant application 2. Resolution regarding the grant application 3. List of compliances 4. Map showing pertinent parcels The residents of the Saga Hill area, working with the Minnesota Land Trust, are proposing that three properties in the Saga Hill area be acquired as park land to be added to the current 12 acre natural area. The proposal involves a grant application through the DNR's Natural and Scenic Grant Program. The grant would need to be matched by other sources of funding. The group has indicated they will again approach foundations and individuals in an attempt to obtain the matching funds. The grant application requires a public hearing to obtain citizen input regarding the project, and a resolution approving the grant application. The grant application needs to be delivered to the DNR no later than 4:30 p.m. on Monday, March 31. It is important Councilmembers understand that the property, if acquired, would be restricted to passive recreation uses such as nature trails; as is the e.xisting 12 acre natural area. The catalyst for acquiring the properties is the issue of providing access to the northerly 2 parcels. The existing undeveloped right-of-way serving diese parcels bisects the current 12 acre natural area. The Park Commission has indicated major concern regarding the impact of a roadway through the middle of the natural area to serve the two northerly parcels. There is a potential alternative access from the north w'hich would require significant regrading of West Branch Road and the acquisition of a roadway easement through an existing subdivision. The owners of the 2 parcels also own another parcel adjacent to the southern portion of Garden Lane on the southern border of the current natural area. Although this parcel does not have an adverse impact on the existing natural area, the ovs-ners have indicated any agreement related to the purchase of the 2 northerly parcels must also include the purchase of the southerly parcel. Request for Council Action continued page 2 of 2 March 19,1997 Item: Public Hearing Regarding a Natural and Scenic Area Grant Application The 2 northerly parcels are each approximately 3.4 acre parcels. The southerly parcel is approximately 15 acres. All 3 parcels are in the MUSA. They are zoned for 1 acre sewered development. The Saga Hill group is having the parcels appraised. The completed appraisal will be available at fhe March 31 meeting. I The acquisition of the 2 northerly parcels does, in large part, eliminate the need for a roadway through the natural area, and does add a substantial amount of land to the existing natural area. There is still 1 parcel adjacent to the natural area that does require access from the Garden Lane right-of-way through the southeasterly portion of the natural area. This parcel is shown as parcel 4 on the attached map. COUNCIL ACTION REQUESTED: If the Council approves moving forward with the grant, a motion is needed to adopt the attached resolution authorizing the Natural and Scenic Area grant application, including authorizing the City Administrator to sign the attached list of compliances. Ss>ga Hill Expansion Project Narrative In 1996, a successful public/private partnership enabled an open space of historic importance to be preserved in the City of Orono. A Natural and Scenic Area Grant, combined with private fundraising and the work of the Minnesota Land Trust, allowed the city to acquire 11 acres at the top of Saga Hill. This was-combined with a 9.7 acre tax forfeit parcel to create a sorely-need new park in densely populated western Orono, above the shores of Forest Lake Bay and the West Arm of Lake Minnetonka. One concrete example of the benefits of this project is that a school with an environmental curriculum opened nearby and uses Saga Hill as its classroom. Now, there is an opportunity to expand and enhance the new Saga Hill natural area. A Natural and Scenic Area Grant would enable the city of acquire an additional 7 acres threatened with impending development. Without the grant, the City will be required to build a road through the existing Saga Hill Park to access the landlocked parcels once they are sold for development. This will damage the pristine quality of the land, require removal of many trees and disturb wildlife. With a grant, the platted road could be vacated and the integrity of the land preserved. The City of Orono is facing heightened pressure from developers, attracted by easy access on Highway 394. Saga Hill escaped development up to now through a fortuitous combination of circumstances and topography. But, as undeveloped land - especially wooded parcels - becomes ever more valuable, developers are willing to pay the price; even the $285,000 that would be required to build a .73 mile long road through a natural area and provide storm and sanitary sewer. Rather than undermine the pristine quality of the existing Saga Hill natural area, the city is seeking the means to purchase three parcels currently up for sale on behalf of an absentee property owner. Dr. Barbara Sollner-Webb. All adjoin the natural area, and consist of heavily-wooded sugar maple/basswood forest. One of the parcels is adjacent to the most striking feature of Saga Hill, a deep ravine that carries run-off into Forest Lake. The other, larger, parcels flank the north slope of Saga Hill, continuing down to the wetlands at the foot of the hill. The e,xpansion of the Saga Hill Natural area is a collaboration between the City of Orono, a citizen’s group called the Saga Hill Preservation Society and Minnesota Land Tmst. The three entities have come together again to fulfill their commitment to an open space of historical importance. Project Site Evaluation I Description of the Environment and the Environmental Impact of the Proposed Project. A. Present Land Use The proposed expansion of the Saga Hill natural area is an open space that has, so far, escaped rapidly encroaching residential development. The Sollner-Webb property today is a de facto bird and wildlife sanctuary used by Orono and Minnetrista residents for minimal impact activities like walking, cross country skiing and bird watching. The parcels adjoin 20 acres recently acquired by the City of Orono through a Natural and Scenic Area Grant, private fundraising and tax forfeiture. If the Sollner-Webb property is not acquired by the City of Orono, it will inevitably be developed. B. Proposed I.and Use The City of Orono anticipates that the Sollner-Web property would join the Saga Hill natural area to remain a minimally used natural area and wildlife habitat. C. Fish and Wildlife The Saga Hill natural area is the highest point in Western Hennepin County. Its woods and meadows shelter dozens of species of birds and small mammals, including a number of fox. Deer also frequent Saga Hill. A bird inventory was taken on April 26, 1995 by University of Minnesota ornithologist Bob Janssen. He sighted the following species: Double-crested Cormorant Canada Goose Northern Harrier Broad-winged Hawk Ring-necked Pheasant Mourning Dove Great Homed Owl Red-bellied Woodpecker Yellow-bellied Sapsucker Downy Woodpecker Hairy Woodpecker Northern Flicker Pileated Woodpecker Eastern Phoebe Blue Jay American Crow Black-capped Chickadee White-breasted Nuthatch Golden-crowned Kinglet Ruby-crowned Kinglet Hermit Thnish American Robin Cedar Waxwing European Starling Northern Cardinal American Tree Sparrow Chipping Sparrow Song Sparrow Swamp Sparrow Dark-eyed Junco Red-winged Blackbird Brown-headed Cowbird House Finch American Goldfinch House Sparrow •i' ‘j Mr. Janssen noted that at least 83 additional species of birds would inhabit Saga Hill once the spring migration is completed. Acquiring the property would protect the existing birds and animals, whose habitat is threatened by impending development. D. Vegetation An evaluation of the proposed Saga Hill natural area was conducted by Lee Frelich, Chair, Evaluation Subcommittee of the MNDNR Commissioners Advisory Committee on Natural areas and Nongame Wildlife. Mr. Frelich found: "The parcel consists of several vegetation types: Upland Meadow, formerly agricultural land; Multi-aged forest dominated by sugar maple, basswood and red oak, with some black cherry present; Young, even-aged forest of bigtooth aspen, quaking aspen and basswood, with a few older sugar maples scattered throughout; Red oak, basswood and sugar maple forest; Young quaking aspen and green ash and; Lowland marsh dominated by grasses with thickets of red osier dogwood and clumps of green ash on higher ground." Mr. Frelich estimated that trees within the Multi-Aged forest average 60-80 years of age with some up to 150 years old. He concluded his report with: "It appears that most of this area will succeed to bigwoods if left undisturbed. The area has high quality silt and clay loam soil that will support good tree growth. Even the upland meadows will succeed to bigwoods after several decades." E. Water Resources Saga Hill is the upland watershed of Forest Lake and the West Arm of Lake Minnetonka. Two of the three Sollner-Webb p"\rcels are quite steep. Should they be developed, the hardscape would cause additional run-off into the wetlands at their base, creating the potential for erosion and damage to Forest Lake's water quality. Preserving the land as natural area would help protect that watershed. F. Geologic and Physiographic Features Saga Hill is the highest point of Western Hennepin County and offers panoramic views to the north and glimpses of downtown Minneapolis to the east. The Sollner-Webb property is.comprised of heavily wooded steep slopes. Students from the environmental school, housed in the Fairview Covenant Church on Saga Hill, have, and will continue to use the natural area as their classroom. G. Air Qcality/Noise As Orono continues to develop, acquiring additional property for Saga Hill natural area will have a positive impact on both air quality and noise. Existing and future vegetation provide a sound buffer for adjacent homes. Creating the natural area will have no detrimental effect on either of these factors. 1 H. Historical and Archeological Significance Saga Hill is an area of historic, litera^ and religious significance. It is bounded on the west by the Mdewakanton trail, now known as County Road 19. The first white settlers came to the area around 1864 according to records on file with the Western Hennepin Historical Society. By 1875, the neighborhood included a church and a "Swede School" or Eckstrom. In 1890, E. August Skogsbergh came to Saga Hill. This evangelist, the "Billy Graham of his day", established a congregation that survives today on property adjoining the proposed Saga Hill Natural area. Skog.sbergh preached in Swedish on Saga Hill to recent immigrants who commuted to his services by train and ferry. A colony of Norwegian academics purchased land adjacent to Saga Hill in the early 20th Century. Dr. Theodore C. Blegen created an enduring memoir in his book. The Saga of Saga Hill. in which he speaks of the milk cow residents grazed in the meadows above Forest Lake. Another noted Minnesota writer, Borghild Dahl, wrote vivid descriptions of her years growing up on Saga Hill. In Minnetonka Memories, she recounts stories of the gypsies who traveled County Road 19 and the luxury Hotel del Otero across the bay in Navarre. The high ground on Saga Hill has escaped development for more than 130 years and serves as a monument to the rich natural and human history of the area. L Transportation The Saga Hill natural area is accessed by County Road 19 and Tonkaview Lane. Both are served by mass transit. The Fairview Covenant Church, whose property adjoins the natural area, has made its parking lot available to visitors. The smaller, upland Sollner-Webb parcel could eventually accommodate a small parking lot and trailhead. A safety access will become another entry point for foot traffic. The expansion of the Saga Hill natural area should not increase traffic significantly. \ n. Environmental Intrusions Saga Hill is ringed by houses on the Forest Lake shore, Tonkaview Lane and County Road 19, They are served by utilities, including city sewer. The proposed natural area expansion has no buildings, utility poles or lines, roads, driveways nr known pipelines. in. Scenic Characteristics and Impacts of the Project on Those Characteristics A. Scenic Characteristics The SoIIner-Webb property on Saga Hill offers especially fine vistas to the north, with panoramic views of the surrounding countryside. Its views also include wetlands, a stream and the Saga Hill ravine. The land itself is a viewshed - an unbroken vista of woods, with birds soaring above, rising dramatically from a wetland, easily experienced from an automobile as well as on foot. In fact, the Sollner-Webb property is the "face" of Saga Hill, the only part that can itself be seen from a distance. This makes t^'e natural area, with great flocks of birds soaring above the trees, accessible to passersby as well as users. B. Access and Protection Acquiring the Sollner-Web property will both protect the Saga Hill natural area and enhance access. Because a platted road runs through the natural area, the city is now required to build a road to provide access to the two landlocked parcels once they are sold for development. If a grant makes it possible for the city to acquire this property, the road will be vacated permanently. The third Sollner-Webb parcel is in close proximity to Tonkaview Lane and could eventually become a parking lot to serve the natural area. And, by acquiring the north slope of Saga Hill a future access could be added, off West Branch Road. ITEM 7 - COMPLIANCES All project must comply with applicable state and federal laws, rules and regulations that apply to the Natural and Scenic Area Grant Program including but not limited to: 1. Section 504 of the Federal Rehabilitation Act of 1973 and MN Laws, Chapter 363 Minnesota Human Rights Act - Require that all public facilities and programs be designed and constructed to be accessible to the physically handicapped. 2. Americans with Disabilities Act (ADA) P.L. 101-336, 104 Stat. 327, July 30, (1990) - Ensures the elimination of discrimination against individuals with disabilities. 3. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and subsequent regulations - Ensures access to facilities or programs regardless of race, color, religion, sex, or national origin. 4. Executive Order 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations - Prohibits employment discrimination on the basis of race, color, religion, sex or national origin. 5. Title 11 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and subsequent regulations - Identifies procedures for the acquisition of property and relocation of persons and businesses. 6. Clean Water Act and Executive Order 11288 - Requires protection of surface and ground water resources. 7. Contract Work Hours and Safety Standards Act of 1962 (40 USC, Section 327-333), State Laws - Requires payment of wages, at hourly rates, as established by the Department of Labor. 8. The Archeological and Historic Preservation Act of 1974, as amended (P.L. 93-291, 16 USC, Section 469 et. seq.), Minnesota Statutes 138 - Requires a review by the Historical Society to determine if there are any known or suspected historic or cultural properties within the proposed project area. An archeological survey of the site could be required before the project receives approval for construction. 9. The National Preservation Act of 1966, as amended (P.L. 88-655, 16 USC Section 470 et. seq.) - Requires a review to determine if the site is eligible for listing on the National Register of Historic Places. 10. The National Environmental Policy Act of 1969 (42 USC, Section 4321 et. seq.) and other related acts to the environment - Requires an analysis of the project ’s environmental impact and a description of efforts to mitigate the impact. 1 i 1 ,• ,-|l— V 11. State Executive Order 91-3, Wetlands; Executive Order 11990, Protection of Wetlands, - Requires a review of the proposed project to determine if any wetlands would be adversely affected and if any alterations are approved to apply the principles of no-net-loss of wetlands during the conduct of their project. 12. Executive Order 12432, Minority Business Enterprise Development - Encourages recipients to award construction, supply and professional service contracts to minority and women’s business enterprises. 13. Federal Endangered Species Act of 1973, Public Law 93-205 and/or Minnesota Statute 84.0895. The federal law prohibits the "taking" of endangered animals wherever they occur and protects plants wherever there is federal involvement in the form of funding or permits. The state law imposes the same restrictions on taking, import, transport or sale to both endangered and threatened animal and plant species. 14. Other applicable statutes, executive orders and regulations as may be promulgated from time to time. The applicant certifies that it will comply with the above-referenced list and when necessary, complete any action required to meet these compliances prior to project approval, within a set time frame. The time frame will be determined by the State depending on the required action. SIGNED: (Authorized OfTicial) (TiUe)(Date) RESOLUTION REGARDING THE CITY ’S APPLICATION FOR A NATURAL AND SCENIC AREA GRANT WHEREAS, there is an existing 12 acre natural area in the Saga Hill area; and WHEREAS, there are two undeveloped parcels adjacent to the natural area that could require access from Garden Lane right-of-way, which runs through the middle of the existing natural area; and WHEREAS, a solution to this problem is the acquisition of the parcels to be added to the existing natural area; and WHEREAS, a potential source of funding for the acquisition is the Natural and Scenic Grant Program. NOW, THEREFORE, BE IT RESOLVED, that the City of Orono act as legal sponsor for the project contained in the Natural and Scenic Area Grant Program Application to be submitted on March 31, 1997 and that the City Administrator is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Orono. BE IT FURTHER RESOLVED, that the City of Orono has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED, that the City of Orono has not incurred any costs, and has not entered into any written agreements to purchase property proposed by this project. BE IT FURTHER RESOLVED, that the City of Orono has not violated any Federal, State, or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Orono, may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Orono certifies that it will comply with all applicable laws and regulations as stated in the contract agreement and described in the Compliances section of the Natural and Scenic Area Grant Program Application. Page 1 of 2 r BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Orono on March 31, 1997. SIGNED:WITNESSED: CTille)(Date)(Title)(Date) rr Page 2 of2 a ■wf 'i ■■■r- 'X . -IT ^ •k-'I! • I if ^ -ft C5«_, tir=::_ /& _..i 'Cl %**.» \\ -13S PARCELS PROPOSED A'\\V\\^\ ^ FOR ACQUISTION ’ EXISTING NATURAL AREA /■/. ' ll s »iiMn*wwnw...... REMAINLNG PARCEL • •M I zoo tJoO