HomeMy WebLinkAboutMay 14, 2008
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6 REGULAR ANDOVER OPEN SPACE ADVISORY COMMISSION MEETING
7 MAY 14,2008
8 MINUTES
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11 The Regular Meeting of the Andover Open Space Advisory Commission was called to order by
12 Chairman Deric Deuschle, May 14, 2008, 7 :00 p.m., at the Andover City Hall, 1685 Crosstown
13 Boulevard NW, Andover, Minnesota.
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15 Commissioners present: Jim Olson, Jody Keppers, Bruce Perry, Winslow Holasek and Kim
16 Kovich
17 Commissioners absent: Gretchen Sabel
18 Also present: City Planner, Courtney Bednarz
19 Others
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22 APPROVAL OFMINUTES
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24 April 9, 2008
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26 Motion by Perry, seconded by Keppers to approve the minutes as presented. Motion carried on a
27 4-ayes, O-nays, I-present, 2 absent (Holasek, Sabel) vote.
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30 UPDATE ON COUNCIL DISCUSSION OF CORRIDORS
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32 Mr. Bednarz indicated that the Council reviewed the corridors but did not want to adopt them
33 officially. There was some concern about the impact the corridors would have on property owners
34 and developers.
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36 Commissioner Keppers stated that he understood how that could be a concern without having
37 more defined purposes for the corridors.
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39 Chairman Deuschle believed that the corridors would need to be adopted locally to allow the city
40 to work with the DNR to amend the Metro Greenways corridors to those identified by the city
41 and to allow access to this source of funding.
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43 Mr. Bednarz stated that this was his understanding as ~ell.
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45 Commissioner Kovich stated that without formal acceptance of the corridors they would not be
46 useful and would not be considered for funding through the Metro Greenways program.
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48 Commissioner Keppers stated that the purposes of the corridors discussed by the Commission
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Minutes - May 14, 2008
Page 2
1 need to be shared publicly to alleviate misconceptions. The intent is not a land grab, it is to
2 identify the location of environmental assets that remain in the community. With this
3 information, opportunities for both property owners and developers can be made without getting
4 into an adversarial situation.
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6 Commissioner Olson stated that the corridors are large areas and preservation, where agreed to
7 ,by a property owner, may only be a small portion ofthat.
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9 Mr. Bednarz indicated that it is his intent to bring development proposals within the corridors to
10 the Open Space Commission so that their comments can be incorporated into the development
11 reVIew process.
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13 Commissioner Kovich asked if the greenways in Andover that have already been established by
14 the DNR have been an impediment to development. Mr. Bednarz indicated that they had not and
15 said that where corridors exist in developed areas there may be opportunities to help interested
16 property owners receive technical assistance or even funding from state sources that is only
17 available to property owners.
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19 Commissioner Keppers stated that this is an example of how the corridors are helpful.
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21 Commissioner Perry asked what forms technical assistance may take. Mr. Bednarz stated that a
22 trained professional may come out and help a property owner determine what resources exist,
23 what condition they are in and help put together a management plan to maintain and improve
24 them.
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26 Chairman Deuschle suggested a work session with the Council to discuss the intent of the
27 corridors to alleviate the Council's concerns. The Commission agreed that a work session was
28 needed to make sure the Commission and Council were on the same page.
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32 DISCUSSION OF REVISED 2008 WORK PROGRAM
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34 Chairman Deuschle asked the Commission for comments related to the work program.
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36 Mr. Bednarz indicated that he spoke with Sharon Pfeifer of the DNR regarding the Conservation
37 Assistance grant and she indicated that they anticipate a decision will be made in July.
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39 Commissioner Olson asked the line item regarding training staff and preparing for field work
40 entailed. Mr. Bednarz stated that there would need to be some work to put the land cover codes
41 into the handheld GPS unit and staff training to learn how to input information in the field.
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43 Commissioner Kovich asked if there was more information from the Anoka County Parks
44 Department about the floodplain area along the Rum River across from rum River Central
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Minutes - May 14, 2008
Page 3
1 Regional Park. Mr. Bednarz stated that he had not heard back from Mr. Vondelinde. He said
2 that they may use an emergency fund through the Metropolitan Council if the buildable area of
3 this site in Oak Grove is proposed for development.
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5 Commissioner Kovich stated if it is all floodplain in Andover, there may not be any changes even
6 if development occurs. Mr. Bednarz agreed and added that in his discussion with Mr.
7 V ondelinde they expressed interest in providing public access and perhaps a bridge over the river
8 into the regional park. In this case either an easement or acquisition would be necessary.
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10 The Commission discussed the focus on spending referendum money on upland areas. Mr.
11 Bednarz stated that if another funding source could be identified to pay for lowland areas a
12 partnership with the county and others may help get something accomplished.
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14 Chairman Deuschle stated that LCCMR has a program to fund wetland banking and though this
15 may be an approach to take in low lying areas. Mr. Bednarz stated that LCCMR is also seeking
16 input on the statewide plan and this may be an opportunity to influence funding sources for the
17 future. He stated that as an individual city there may be limited influence, but a coordinated
18 effort with the watershed and conservation districts may make more headway.
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20 Commissioner Perry indicated that the Lower Rum Watershed Management Organization has
21 very limited funding and looks at regulating the use of wetlands and floodplain and not
22 acquisition. He remembered that the Cedar Creek Corridor study was led by the county and
23 conservation district and wondered how that effort was funded. Mr. Bednarz stated he would
24 find out and report back to the Commission.
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27 DISCUSSION OF CONSER V ATION TOOLS WITH GUEST SPEAKER:
28 . SARAH STROMMEN, CONSERVATION DIRECTOR FOR THE MINNESOTA
29 LAND TRUST
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31 Sarah Strommen described the Minnesota Land Trust as having four main objectives:
32 1. Providing community assistance in determining areas that merit preservation and working
33 with communities to achieve their goals.
34 2. Providing information on the conservation tools that are available, especially the various
35 applications of conservation easements.
36 3. Assisting property owners in understanding how conservation can help them achieve their
37 long term goals, including tax implications and tailoring conservation assistance to their
38 individual needs.
39 4. Providing monitoring and land management of easements that the Minnesota land trust
40 holds.
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42 Ms. Strommen stated that the corridor approach the city is working on is a good idea. Having
43 focus areas is important, but refining potential preservation areas down to individual sites can
44 limit options and be counter productive to a community wide approach. She indicated that as a
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Page 4
1 board member of the Metro Greenways program corridors are a determining factor for this source
2 of funding. She added that communities do not exclusively choose the most pristine natural
3 areas and look to preserve sites important to community identity, such as a farm field or sites
4 with other cultural or social characteristics that are popular in the community. Corridors are
5 important to logically connect these areas.
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7 Ms. Strommen described her experience as a councilmember in Ramsey where the city prepared
8 a resource inventory map and completed field work to define wetland functions and values to
9 refine work previously done by the Anoka Conservation District. She stated that this helped
10 identify corridors. She stated that the natural resource inventory is part of the city's
11 comprehensive plan update and will be considered for inclusion in the plan as that process is
12 completed.
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14 Mr. Bednarz asked if cities could work with the DNR to change the Metro Greenways corridors
15 based on their more detailed work.
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17 Ms. Strommen responded that this is possible, however the DNR may favor a county wide update
18 to make sure that any changes would be beneficial to the regional corridors. She added that
19 Hennepin County is a good example. The Metro Greenways corridors in Hennepin County are
20 much more finely detailed because .the county initiated an effort to update the Metro Greenways
21 corridors. She advised that it is important not to have corridors too finely detailed as they will
22 begin to lose regional significance.
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24 Commissioner Perry asked if he has 20 acres in a corridor as a property owner why he would be
25 interested in preservation.
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27 Ms. Strommen stated that property owners may become interested for a variety of reasons. They
28 may want their land to be preserved and may be looking for a suitable method to do that. They
29 may be looking to sell the land for the value that it has and move on. They may be interested in
30 the tax benefits of donating an easement and/or be looking to lower the value of the land to avoid
31 the estate tax.
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33 Commissioner Perry asked if a property owner became interested how this would work.
34 Ms. Strommen stated that there are a variety of methods that can be used depending upon the
35 wishes of the property owner and the goals of the conservation organization. They include:
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37 Conservation easements - A balance can be reached between the rights that the property owner
38 wants to retain and the resources that the conservation organization wants to protect. These
39 easements are recorded at the county and provide permanent protection so it is important to keep
40 in mind that rights can't be given back except through judicial action once they have been
41 granted in an easement.
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1 Development review process - A development can be designed to preserve both the development
2 rights of the owner and the natural features it contains. The natural resource inventory and
3 development proposal may be improved through conservation design, transfer of development
4 rights, or planned unit development.
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6 Private land management - A property owner may not be interested in public ownership or
7 access or the conservation organization may not be interested due to the size or location of a site.
8 There are a variety of programs, technical assistance and funding available for property owners
9 on their own.
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11 Commissioner Keppers asked what type of technical assistance would be available. Ms.
12 Strommen stated that a botanist may visit the site and help a property owner understand the types
13 of species that exist and may help prepare a management plan. This can take many forms
14 depending on the circumstances including planting, removal of invasive species, shoreline
15 restoration, etc. They may also work with volunteers by providing seed or plant material and
16 having them do the planting.
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18 Ms. Strommen stressed the need for open communication. People may want to participate but
19 don't know how. Relationships are important to build trust and to get people talking in their
20 neighborhoods to reassure people that working with the city is to their benefit. Sometimes it is
21 important for property owners to hear from someone other than the city for them to think that this
22 may be a good idea for them.
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24 Commissioner Perry asked how to encourage people to get involved.
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26 Ms. Strommen said there are a variety of ways but that in her experience an open house is one of
27 the best. By inviting people perhaps with parcels 10 acres or larger within the corridors, an
28 opportunity to share information about what the city is doing and why and where these
29 opportunities exist and how they can help a property owner. Preparation is important to ensure
30 the message is received as it is intended. Other partners are available to help moderate the
31 meeting. It may helpful to have the DNR, Great River Greening, Minnesota Land Trust, Trust
32 for Public Land, and other local organizations attend to be able to answer property owners
33 questions about preservation options. Getting the word out ahead of the meeting is important.
34 Using the newsletter, cable and other resources to get people talking to build momentum and to
35 get people to the open house. She stated that in one case they had Thrivent Financial on hand to
36 help advise property owners from their perspective.
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38 Commissioner Keppers stated he liked the idea of having an open house. It would be an
39 opportunity to let people know what is happening, to explain the corridors as a way of
40 highlighting what features are out there and worth preserving.
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42 Commissioner Olson expressed concern with the time frame and thought that ifthe Commission
43 isn't careful they will run out oftime for the next grant cycle.
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Page 6
1 Chairman Deuschle wondered if property owners within the corridors should be contacted before
2 a determination is made on grant funding in July.
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4 Mr. Bednarz indicated that funding for the field work would come from the grant application.
5 The Commission discussed what would be done if the grant was not successful.
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7 Chairman Deuschle asked when does it make sense for purchase and when is an easement a
8 better option. Ms. Strommen indicated that this depends on what you are trying to achieve. If
9 public access or intensive plant management is needed outright purchase may be appropriate. If
10 a property owner wishes to continue owning the property, or even subdivide the property in the
11 future an easement may make more sense to address areas that will be preserved and those that
12 will be developed. Easements are also less expensive because payment is made for the rights that
13 are purchased and not for the entire property.
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15 Mr. Bednarz asked how the value of an easement is determined. Ms. Strommen stated that an
16 appraisal is done and the value of the property before and after the easement is compared. The
17 difference is the value of the easement. Negotiation beyond this may occur. She recommended
18 using an appraiser that is experienced in valuing easements, especially if the property owners
19 intent is to use the transaction to reduce their taxes.
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21 Chairman Deuschle asked how the cost of an easement compares with purchase of a property.
22 Ms. Strommen indicated an estimate would be about 60% of the value of the property. This may
23 vary with the largest factors being the ability to divide or build on the property.
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25 Commissioner Kovich stated that public access is very important to the city's effort.
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27 Commissioner Deuschle agreed stating that without public access the benefit may be only for one
28 individual. Even with an easement some type of access should be included.
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30 Commissioner Keppers stated that it may be difficult to monitor easements if they are all unique.
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32 Ms. Strommen agreed and stated that they set aside a stewardship and enforcement fund for each
33 easement using a formula based on the details of the easement and the amount of monitoring that
34 will be necessary. This work includes answering property owners and potential buyer's questions
35 about the easement as well as site visits and record keeping. She said they also train and certify
36 volunteers to compete some of this work but also have an attorney to advise tem on legal matters.
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38 Commissioner Kovich asked if cities or other organizations hold easements. He added that it
39 would be better for others to hold an easement on property that is owned by the city to protect
40 from situations that could arise in the future.
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42 Ms. Strommen stated that some cities hold easements and others choose not to. In some cases
43 the land trust co-holds easements with cities and shares monitoring and enforcement.
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1 Commissioner Kovich if Andover holds any easements and if any funding was set aside to
2 monitor them.
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4 Mr. Bednarz stated he is aware of two easements for tree preservation and that no money was set
5 aside for monitoring. He asked if the land trust holds an easement for a city if the city is asked to
6 contribute toward the stewardship and enforcement fund.
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8 Ms. Strommen said that was correct. She added that this is also done by developers or even
9 property owners that donate an easement which is sometimes difficult. This funding is important
10 to ensure that the intent of the easement is maintained in the long term.
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12 Ms. Strommen stated that the process can be complicated and can take a long time to make real
13 accomplishments. She encouraged putting as much information out as possible on the options
14 that are available to property owners. Property owners can be turned off by a letter or a map if
15 that's all they see. From a planning perspective it is helpful to start with a wide variety of
16 potential sites and then to filter down based on what exists and who is interested.
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18 Commissioner Holasek asked what happens to an easement if a property is forfeited. Ms.
19 Strommen replied that the legal advice she has received indicates that the easement would
20 survive because if it has been recorded with the deed of the property.
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22 Chairman Deuschle summarized that the Commission felt the corridors were important and
23 needed to be more formally accepted to allow access to grants. He added that the open house
24 was a good idea and the city should look at doing this with other partners as was suggested. He
25 asked if an item could be placed on a Council worksession to allow this to be discussed.
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27 The Commission agreed that a work session with the Council to discuss corridors and an open
28 house was a good idea.
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30 The Commission discussed items for next month's agenda.
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32 Motion by Perry, seconded by Kovich to adjourn. Motion carried on a 6-ayes, O-nays, I-absent
33 (Sabel) vote. The meeting adjourned at 9:40 p.m.
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36 Respectfully submitted,
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38 Courtney Bednarz