HomeMy WebLinkAbout07.09.08 meeting packet
C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Andover Open Space Advisory Commission
Meeting Agenda
July 9,2008
Andover City Hall
Council Chambers
6:00 p.m.
1. Call to Order
2. Community Tour 6:00 p.m. - 7:00 p.m.
3. Approval of Minutes - June 11,2008
4. Discuss Finalization of Draft Corridors
5. Discuss Steps Leading up to September Open House
6. Other Business
a. Next meeting
7. Adjournment
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C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Andover Open Space Advisory Commission
FROM: Courtney Bednarz, City Plann~
SUBJECT: Community Tour
DATE: July 9, 2008
INTRODUCTION
The Commission asked to have time to drive around the city to look at potential
preservation sites.
DISCUSSION
Staff has prepared some maps and a potential route to visit 8 Of the 9 study areas. It is
estimated that there is nearly an hour in drive time to complete this route and visit 8 of
the study areas. The Commission may choose to abbreviate the tour and adjust the route.
ACTION REQUESTED
The Commission is asked to determine which sites they would like to visit and to
generally discuss them as the tour proceeds.
Attachments
Potential Route
Study Area Maps (in packet)
Tour Map
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C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US
TO: Andover Open Space Advisory Commission
FROM: Courtney Bednarz, City Plann~
SUBJECT: Approval of Minutes - June 11, 2008
DATE: July 9, 2008
INTRODUCTION
The Commission is asked to review and approve the minutes from the last meeting.
DISCUSSION
Please share any changes to the minutes at the meeting.
ACTION REQUESTED
A motion, second and vote are necessary to approve the minutes.
Attachment
Minutes
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1
2
3
4
5
6 REGULAR ANDOVER OPEN SPACE ADVISORY COMMISSION MEETING
7 JUNE 11,2008
8 MINUTES
9
10
11 The Regular Meeting of the Andover Open Space Advisory Commission was called to order by
12 Chairman Deric Deuschle, June 11,2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown
13 Boulevard NW, Andover, Minnesota.
14
15 Commissioners present: Gretchen Sabel, Jody Keppers, Jim Olson, Winslow Holasek
16 (arrived at 7:10 p.m.), and Bruce Perry
17 Commissioners absent: Kim Kovich
18 Also present: City Planner, Courtney Bednarz
19 Others
20
21
22 APPROVAL OF MINUTES
23
24 May 14, 2008
25
26 Commissioner Keppers noted on the motion to approve the minutes he was listed as seconding
27 the motion along with being absent and should be removed from being absent.
28
29 Motion by Perry, seconded by Keppers, to approve the minutes as presented. Motion carried on
30 a 5-ayes, O-nays, 2-absent (Holasek, Kovich) vote.
31
32
33 DISCUSS JUNE 24TH WORK SESSION WITH COUNCIL
34
35 Corridors
36
37 Mr. Bednarz stated the Council received but did not formally approve the corridors recommended by
38 the Commission. The Council expressed concern that an area designated as part of a corridor would
39 adversely affect development or otherwise obligate the city to purchase the property. The
40 Commission discussed more clearly explaining the purposes of the corridors to alleviate the
41 Council's concerns.
42
43 Open House
44
45 In the discussion with guest speaker Sarah Strommen, an open house was recommended as one of
46 the best ways to get information to property owners and start a dialogue with them. It was suggested
47 that it is helpful to have partners from other organizations interested in conservation to answer
48 questions about the different types of programs and benefits that are available.
.
Regular Open Space Advisory Commission Meeting
Minutes - June 11, 2008
Page 2
1
2 Commissioner Perry wondered why they were going to meet with the Council at a worksession. Mr.
3 Bednarz stated the Council was not sure about why the Commission wanted to identify corridors and
4 the meeting will help to explain why corridors should be identified.
5
6 Commissioner Olson thought they should update the Council on the discussion Sarah Strommen had
7 with the Commission and maybe have her come to make a presentation to them because she is very
8 knowledgeable.
9
10 Commissioner Holasek arrived at 7: 1 0 p.m.
11
12 Chairman Deuschle asked if Mr. Bednarz could see if Ms. Strommen could make it to the meeting
13 and also to an open house.
14
15 The Commission discussed when they should start planning for an open house along with who they
16 should personally invite and if they should invite possible property owners that would be in the
17 proposed corridors.
18
19 The Commission discussed possible days for an open house. It was suggested July 24, 2008 as an
20 open house date.
21
22
23 DISCUSS FIELD WORK FUNDED BY CONSERVATION ASSISTANCE GRANT
24
25 The DNR has approved the Conservation Assistance Grant Application in the amount of $1 0,000.
26 The grant money will be used to fund field work within the study areas. This will include evaluation
27 of the trees and plants and delineation of plant community boundaries. The information will be used
28 to update and add detail to the natural resource inventory. The work will be conducted by a botanist
29 and a city staff person.
30
31 Commissioner Olson wondered if they should include the grant award in the newsletter and kind
32 of advertise for residents who want to donate or sell their land for open space.
33
34 Chairman Deuschle asked if this is a reimbursable grant. Mr. Bednarz thought they would be
35 expending up front and get reimbursed.
36
37
38 CHECK 2008 WORK PROGRAM FOR NEXT STEPS
39
40 Mr. Bednarz reviewed the summer work program with the Commission.
41
42 Commissioner Sabel thought they should think about ways too look for public outreach
43 opportunities.
44
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Regular Open Space Advisory Commission Meeting
Minutes -June 11,2008
Page 3
1 Commissioner Perry thought they should add to their schedule the deadline dates for the
2 newsletter. Commissioner Sabel wondered if they could get the cable channel to go along on
3 some outings.
4
5
6 OTHER BUSINESS
7
8 a. Possible Land Acquisition by County
9
10 Mr. Bednarz reviewed a parcel of land in NW Andover with the Commission that is a possible
11 acquisition by the County.
12
13 b. Next Meeting
14
15 The Commission discussed items they would like to discuss at the next meeting.
16
17 . A tour of the area before the July 9th Commission meeting starting at 6:00 p.m. This
18 will help to have information before the open house by the Commission.
19
20
21 Motion by Sabel, Seconded by Perry, to adjourn. Motion carried unanimously. The meeting
22 adjourned at 7:57 p.m.
23
24 Respectfully submitted,
25
26 Susan Osbeck, Recording Secretary
C 1 T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Andover Open Space Ad~mmiSsiOn
FROM: Courtney Bednarz, City PI
SUBJECT: Discuss Finalization of Draft Corridors
DATE: July 9,2008
INTRODUCTION
A discussion about how the corridors may be adjusted and defined was suggested after the
Council work session last month.
DISCUSSION
The Commission should feel free to discuss any modifications to the corridors that they feel is
warranted. It is also likely that the corridors will be modified based on the results of the field
work. If the Commission would like to adjust the corridors prior to completion of the field work,
this should be done soon, so that the map can be publicized leading up to the open house in
September.
Corridor Definition
The Commission discussed a text definition of the corridors with the Council at the work session
last month. The definition is intended to explain the map and the purposes of the corridors. A
draft definition is provided below.
Corridors of Natural Areas
Figure X.x illustrates corridors of natural areas throughout the city. The corridors contain the
largest remaining areas of vegetation that is native to the Anoka Sand Plain. In some cases these
areas are connected through land that is farmed or through developed areas that still contain
native vegetation, such as along Coon Creek. Land within these corridors continues to be
governed by the underlying land use and zoning designations. No additional regulation is
imposed by the corridors. The intent of the corridors is to raise awareness of the natural features
that exist in the city and to document how they logically connect to one another. With this
information, the city may take several approaches to try to preserve some of the natural areas as
the city continues to develop. These approaches include:
1. Discuss preservation opportunities with property owners, including private stewardship,
conservation easements and acquisition.
2. Consider corridor opportunities when development is proposed
3. Consider as decisions are ~e in the location of future trails and parks
4. Provide technical assistance to interested property owners including vegetation
management practices and funding opportunities.
.
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Andover Open Space Advisory Commission
FROM: Courtney Bednarz, City Plann~
SUBJECT: Discuss Steps Leading up to September Open House
DATE: July 9, 2008
INTRODUCTION
The Council authorized the Commission to host an open house. A number of ideas were
expressed about how to get the word out to property owners. The Commission should
organize its efforts to make the open house a success.
DISCUSSION
Some of the ideas expressed include:
1. An article in the September October Newsletter (August 1 st deadline)
2. An article in the Star Tribune (stories usually run a week or two after written)
3. An article in the Anoka Union (stories usually run on Friday a week later)
4. Posting Information on the web site
5. A direct mailing to property owners with larger acreage sites
6. A short interview program with QCTV (Can be weeks to a month after taping)
7. Direct contact with property owners
8. Invitation to people with expertise from other conservation organizations
Message
It is important to put yourself in the role of property owner to understand the types of
questions that will arise and the types of information that will encourage people to
become involved. I have attached two handouts that try to summarize the benefits and
the methods of preservation.
ACTION REQUESTED
The Commission is asked to divide the list of ideas among those who are interested in
contributing to this effort.
.
land Protection Options (work in progress)
Conservation easements are the most traditional tool for conserving private land.
A "conservation easement" (also known as a conservation restriction or
conservation agreement) is a legal agreement between a landowner and a land
trust or government agency that permanently limits uses of the land in order to
protect its conservation values. It allows landowners to continue to own and use
their land, and they can also sell it or pass it on to heirs.
Here are some additional methods to consider:
Resale of land
If you need to sell your land but don't want to see it destroyed by development, a
land trust can help. Prior to the sale, you can work with your local land trust to
place a conservation easement on the land before it goes on the market. Some
land trusts can also help identify potential buyers for conserved lands.
Donation of land for Conservation
Donating land for conservation is one of the finest legacies a person can leave to
future generations. If you choose to donate your land, your land trust can work
with you to identify the best arrangement. The full market value of land donated
to a nonprofit land trust is tax deductible as a charitable gift.
Bargain Sale
In a bargain sale, you sell your land to a land trust for less than its fair market
value. This not only makes it more affordable for the land trust, but offers several
benefits to you: it provides cash, avoids some capital gains tax, and entitles you
to a charitable income tax deduction based on the difference between the land's
fair market value and its sale price.
Donation with a Lifetime Income
If you have land you would like to protect by donating it to a land trust, but you
need to receive income during your lifetime, consider a charitable gift annuity or a
charitable remainder unitrust. Charitable gift annuities and charitable remainder
unitrusts are most useful for highly appreciated land, the sale of which would
incur high capital gains tax.
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Benefits of Preservation (Work in progress)
Market Value Purchase of Property
If a property owner is interested in selling property, the city may choose to
purchase the property based on the estimated market value established by
Anoka County.
Federal Charitable Deduction
Land or easements that are donated are eligible for a reduction in federal
taxable income. The reduction can be spread out over a number of years to
reduce tax liability. This can be an important tax planning tool, especially if an
individual is facing required minimum IRA disbursements that increase their tax
exposure.
1. Individuals may deduct the value of their donation up to 50% of adjusted
gross income in anyone year, and carry over unused portions for up to 15
years instead of 5 years.
2. Qualified farmers and ranchers can deduct up to 100% of their adjusted
gross income and carry over unused portions for up to 15 years.
a. To qualify farmers must earn over 50% of their gross income from
the business of farming in the taxable year which the conservation
easement is donated
b. The property must remain eligible for agricultural production
3. The 100% deductible rule also applies to farmers and ranchers who
operate as a corporation
Estate Reduction And Exclusion
The donation of a conservation easement by a landowner can be an effective
means to reduce estate taxes on lands. Section 2055(f) of the Internal Revenue
Code (I.R.C.) allows donations of qualifying easements to a public charity such
as a land trust to be deducted from the taxable value of an estate.
Section 508 of Public Law 105-34 (the Taxpayer Relief Act of 1997) created
another benefit for donations of easements, I.R.C. section 2031 (c). This benefit
can reduce the taxable value of an estate an additional amount, up to $500,000.
This section of the code can be confusing because of the way it is worded. But it
does work, and the IRS has confirmed its operation in letter rulings and in
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practice. Taken together, 2055(f) and 2031 (c) create a powerful incentive for
conservation which no one who owns land with public value for open space,
agricultural preservation, wildlife habitat or recreation should ignore.
Section 6007(g) of the Internal Revenue Service Reform Act (H.R 2676), signed
into law on July 22, 1998, extended these benefits in a new way. Under this
provision, when a landowner dies without having donated a conservation
easement, his or her heirs may be allowed to elect to donate a conservation
easement on the inherited lands and get these estate tax benefits post-mortem.
Getting this post-mortem option requires qualifying for the 2031 (c) benefit, and
this requires some attention to detail. These provisions have requirements
beyond those that qualify conservation easements for income tax deductions
under I.RC. 170(h).
Section 2031 (c) ofthe Internal Revenue Code allows beneficiaries to exclude
from the taxable estate 40% of the otherwise taxable value of land subject to a
qualifying conservation easement. The exclusion is limited to $400,000 in 2001,
and increases to $500,000 in 2002.
Under I.RC. 2031 (c), the percentage of the value of a piece of land that can be
excluded from an estate is reduced below 40% when the easement itself is worth
less than 30% of the total value of the land. Retained development rights are fully
subject to estate tax, but payment of the tax can be deferred for up to two years.
Property Tax
Minnesota requires counties to consider the effect of conservation agreements
for property tax valuation