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BCOL Advisory Council Agenda Packet 03-02-20121. 2 3. 4. 5. 7. 8 0J Bertram Chain of Lakes Regional Park $ M Advisory Council Meeting Agenda LAKES Friday, March 2, 2012 8:00 AM REGIONAL PARK Bridge Room, Monticello Community Center Approval of January Minutes (Attached) (2 Minutes) Consideration of adding to, and approving agenda (2 Minutes) Discussion and Recommendations Regarding Lake Surface Zoning Ordinance (Motorized vs. Non - Motorized Lake Use) (25 Minutes) Review and Discuss Draft MOU Regarding Ownership Intent Between County and City (Draft Attached) (Marc) (15 Minutes) Review and Discuss YMCA Day Camp Preliminary Site Plan (To Be Distributed At Meeting) (Marc and Angela) (20 Minutes) Request to Host Mountain Bike Event (Tom P.) (5 Minutes) Selection of At Large Appointment Replacement Updates (10 Minutes) A. Farm Lease /Maintenance Agreement (Marc) B. Friends of Bertram Lakes C. MYSA (Jeff) D. Ground Lease/Beach (Angela) E. Phase 4 Purchase (Marc and Angela) Adjourn MINUTES BERTRAM CHAIN OF LAKES REGIONAL PARK ADVISORY COUNCIL Friday, January 6, 2012 8:00 a.m. Bridge Room, Monticello Community Center Advisory Council Members Present: Martyn Dibben, Jim Lindberg, Lyle Trunnel, Pat Sawatzke, Rose Thelen, Pete Stupar, Sandra Theros, Glen Posusta, Clint Herbst Advisory Council Members Absent: Janice Bergstrom, Gene Emanuel, Wes Olson, Larry Hance Staff Present: Angela Schumann, Marc Mattice, Kitty Baltos, Stacy Marquardt, Tom Pawelk Others Present: Ellen Eden Call to Order Martyn Dibben called the meeting to order at 8:00 a.m. Election of Officers: Chair and Vice Chair PAT SAWATZKE MOVED TO REAPPOINT MARTYN DIBBEN AS 2012 CHAIR OF THE BERTRAM ADVISORY COUNCIL. MOTION WAS SECONDED BY JIM LINDBERG. MOTION CARRIED 9 -0. MARTYN DIBBEN MOVED TO REAPPOINT GLEN POSUSTA AS 2012 VICE - CHAIR OF THE BERTRAM ADVISORY COUNCIL. MOTION WAS SECONDED BY JIM LINDBERG. MOTION CARRIED 9 -0. 1) Approval of the December Minutes PETE STUPAR MOVED TO APPROVE THE DECEMBER 2, 2011 MEETING MINUTES. MOTION WAS SECONDED BY GLEN POSUSTA. MOTION CARRIED 9 -0. 2) Consideration of adding to and approving agenda A. At -large appointment to Advisory Council and Wright County Parks Commission appointment 3) Phase 3 Purchase Closing and Progress Report Marc Mattice reported that on Dec 19th Wright County and the City of Monticello closed on the Phase 3 purchase of 126 acres of land and water at Bertram Park. Grant funds have been requested as reimbursement. Staff marked the corners of the property Bertram Regional Park Advisory Council: 01/06/12 with signage. Next spring staff will work on maintaining this area and trails throughout the esker. An access road will be open on Parcel 12 on weekends from Friday at 4 p.m. until Sunday at sunset during summer months. Staff are considering providing a small parking area for additional carry and canoe access to Long Lake to be open all year long from the other access road to the east. 4) 2012 Grant Funding and Planning for Phase 4 The Bertram project received $833,333 in grant funds for Phase 4. $500,000 of the funds received were Parks and Trails Legacy funds which are capped at that amount. Staff are working with the legislature to repeal the funding cap as well as to repeal the requirement for a government match. Staff also support a $5 million bond request for Outdoor Recreation grants. The $333,333 balance in grant funds received was funded through MN Environment and Natural Resource Trust funds which are received through the Federal Land and Water Conservation Fund. Addendum 2 of the MOU had specified that Parcels 9, 10, and 12 be scheduled for Phase 4 acquisition. This was prior to the reevaluation that included Parcel 9 with Parcel 8, and Parcel 10 with Parcel 12. The grant application was submitted with these parameters. The granting agency requires that acquisitions do not deviate from the grant request approved. The revised MOU, Addendum 3, stated however, that Parcels 5, 10 and 12 are currently scheduled for Phase 4 acquisition. Parcels 10 and 12 are worth $1,183,000 and Parcel 9 is worth an estimated $58,000. Together three parcels identified in the newest MOU are estimated to be worth $1,241,000 without an appraisal. Clint Herbst agreed that the grant money recently awarded be utilized during 2012. Once grant agreements are drafted funds could be available within 30 days. The Wright County Board will meet on January l0a' to acknowledge receipt of the grants and consider the local match. The City and County would each pay $204,000 for Phase 4 acquisition plus appraisal fees and closing costs. There was some discussion about the scope of the current shared use agreement. The City and County now have use of the buildings on Parcel 7 as well as limited boat access. A beach agreement has not yet been finalized. The YMCA may operate a horse riding program on Parcel 12 until the agreement is phased out in 2014. Marc Mattice suggested reconvening the Negotiations Committee to begin Phase 4 planning and revisit discussions about shared use agreements and park maintenance. Phase 5 is estimated to cost $1,093,125 and would be subject to the $500,000 grant cap for 2013 if legislation does not change. 5) Grant /Funding Opportunities for 2013 2 Bertram Regional Park Advisory Council: 01/06/12 Staff is planning to apply for an Outdoor Recreation grant, a Regional Trail grant and a Parks &Trails Legacy grant in 2013. The Outdoor Recreation grant for land acquisition of Parcels 1 & 2 and 11 acres of Parcel 8 is due in March. This grant is to be used for land intended for active play areas. The grant has a 50 -50 local match requirement. Parcels 1 & 2 are valued at about $2 million total. The deadline for the 2013 Legacy Grant applications is September 28, 2012. The granting agency asked that the acquisition of Phase 4 has set a closing date by the time a new grant request is submitted. Staff also have an application pending with OMB fora $6.1 million bonding bill. Marc Mattice asked that Jeff O'Neill assist in finding a legislator to introduce the bill at the state level. Rose Thelen said that Bruce Anderson indicated that there is no money for a bonding bill. There was some discussion about 2012 being an election year and concern that if politics change parcel acquisition may stall and /or priorities may shift. Clint suggested that City Council be provided an update on the Bertram grant process at some point soon. JIM LINDBERG MOVED TO RECOMMEND THAT THE COUNTY BOARD AND THE CITY COUNCIL AUTHORIZE STAFF TO APPLY TO THE OUTDOOR RECREATION GRANT PROGRAM, THE PARK AND TRAIL LEGACY GRANT PROGRAM, AND THE REGIONAL TRAIL GRANT PROGRAM FOR THE 2013 FUNDING CYCLE. MOTION WAS SECONDED BY PAT SAWATZKE. MOTION CARRIED 9 -0. 6) Dissemination of requested materials on Motorized and Non - motorized Boats Marc Mattice provided the following handouts to the Advisory Council for consideration. A. Stateside Inventory on Restrictions and Rules -This report lists every waterway in Minnesota for which a local government has established surface water zoning restrictions and the dates that such restrictions took effect. B. Public Percebtions -This DNR conducted public survey, funded by the University of Minnesota, summarizes how respondents feel about the lake use throughout the state. C. Effects of Motorized Watercraft on Aquatic Ecos sums -This report, conducted by the UW- Madison Water Chemistry Department's Lakes Monitoring Program, is referred to in the MN Boats and Water Quality brochure. It provides information on turbulence effects of motors on lakes. D. Rye ort from Lake Learning- This report was not specifically highlighted. PAT SAWATZKE MOVED TO REVIEW THE INFORMATION PROVIDED AND DISCUSS IT AT THE NEXT ADVISORY COUNCIL MEETING. MOTION WAS SECONDED BY PETE STUPAR. MOTION CARRIED 9 -0. 3 Bertram Regional Park Advisory Council: 01/06/12 There was some discussion about the need to be mindful of the timeframe for making a policy decision about 2012 boat use in Bertram Park in that the DNR review could take up to 120 days. 7) Update regarding Ground Lease and Y Day Camp Development Staff met with YMCA representatives at Bertram Park to consider the option of moving the day camp to a site on the northwest side of Long Lake. There was discussion about types of infrastructure and amenities that would be needed in this scenario. The site appealed to the YMCA because of the proximity to the canoe and beach areas and provided separation from public uses of the park. The City and County could then develop their own entrance to the park and retain the existing amphitheater and chalet for public use. The YMCA had not yet submitted a concept plan for the proposed day camp location. The next step would be to bring the plan forward for Advisory Council consideration. Upon approval, the YMCA would contract with Graham Sones to redesign this portion of the park master plan. Clint Herbst indicated that it might be useful to ask the YMCA to also identify a timeframe for beginning to make improvements to the property and planning for construction of the shared use parking area and trailhead facility. There was some discussion about extending the agreement with the YMCA. Revisiting this option at the end of 2013 may encourage state funding of this project. 8) Updates A. Farm Lease /Maintenance Agreement — The tillable land on Parcel 5A /B will be farmed according to the restoration plan next season. Staff is working to obtain written permission to restore a few acres on the north side owned by the YMCA. The maintenance agreement will move forward for City and County approval by February. B. MYSA - The Minnesota Youth Soccer Association (MYSA) has begun mapping some 100 acres at the site north of Bertram. There was some speculation about the potential for MYSA involvement to strengthen the case for Outdoor Recreation grant funding and a bonding bill for the athletic park. It may also provide an opportunity to work cooperatively as both projects move forward. C. Friends of Bertram Chain of Lakes - A Friends orientation is scheduled for January 21St. The snow sculpture event is tentatively planned for Feb 11th or 18th. Volunteers will conduct a concentrated buckthorn eradication effort in the esker area. A park clean -up day is planned around at the end of April or in early May. The website www.friendsofbertramlake.org will be updated soon. Eighth grader Wyatt Erickson created a prize - winning Bertram Park display for the Friends. The Friends will meet after the Advisory Council meeting. 9) Consideration of items added to the agenda 11 Bertram Regional Park Advisory Council: 01/06/12 A. At -large appointment to Advisory Council and Wright County Parks Commission appointment - Martyn Dibben is to be appointed to the Wright County Parks Commission and may likely be asked to be that commission's appointed liaison to the Bertram Advisory Council. This would create an open position on the Advisory Council for an at- large, outside of the City of Monticello representative. The Board determined that, if the position were to open, it be advertised through the City and County websites. B. Family Fun Day- There was continued discussion about hosting a 2012 Family Fun Day event at Bertram Park. The original intent of the event in years past was to promote awareness and build support for the park. The Advisory Council seemed to agree that, now that people have an interest in and some access to the park, it might be appropriate to instead begin using it for programming. Kitty Baltos suggested that, with the help of the Friends, the Community Center could schedule a variety of events held at the park throughout the year. She will bring forward programming ideas for Advisory Council review. ROSE THELEN MOVED THAT THE FAMILY FUN DAY EVENT NOT BE HELD IN 2012. MOTION WAS SECONDED BY SANDRA THEROS. MOTION CARRIED 8 -1 WITH JIM LINDBERG VOTING IN OPPOSITION. 10) Adjourn PAT SAWATZKE MOVED TO ADJOURN AT 9:21 A.M. MOTION WAS SECONDED BY GLEN POSUSTA. MOTION CARRIED 9 -0. Recorder: Kerry T. Burri Approved: March 2, 2012 Attest: Angela Schumann, Bertram Advisory Council 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF WRIGHT AND THE CITY OF MONTICELLO RE: YMCA/BERTRAM LAKE PARK PROJECT The following is a Memorandum of Understanding between the County of Wright, (hereinafter referred to as "County") and the City of Monticello, (hereinafter referred to as "City"). The purpose of this document is to establish the terms, conditions and responsibilities of the parties relative to the acquisition of land in Monticello Township of approximately 1,200 acres in size, for regional park purposes. In addition, the parties wish to state their intentions regarding ownership and operation. WHEREAS The YMCA, is the willing seller, and which owns undeveloped real property in Monticello Township; and WHEREAS Both the City and the County have expressed an interest in acquiring said property for regional park purposes; and WHEREAS A real estate appraiser has been hired to provide the value for said property; and WHEREAS The parties to this document wish to set out the terms and conditions for said property; NOW, THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: 1. The County and the City shall cooperate in formulating a purchase for the real property known as the "YMCA property". P1D's 4 213 - 1.00 - 092400, 213 -100- 091400, 213 - 100 - 084400, 213 -100- 084300, 213- 100 - 171100, 213- 100 - 162100, 213- 100 - 171200, 213- 100 - 172305, 213 -100- 173100, 213 -100 -1 64400. 213 - 100 -17 4300 and 213 -100 - 174100. 2. This agreement shall be from the date adopted by both parties. 3. For each incremental purchase an acceptable appraisal will be presented to both parties, a purchase offer may be formulated. Said purchase offer must be approved by the governing bodies of the County and the City before it is communicated to the present owner. In formulating a purchase offer, both governing bodies may close meetings pursuant to Minnesota Statutes, Section 1313.05, Subd. 3(c). 4. Local cash match for any grant awarded for the acquisition of the real property shall be provided as follows: County 50 % City 50 % 5. The real property in question, once acquired, would be owned jointly, with the County owning a 50 % undivided interest and the City owning a 50 % undivided interest. 6. It is anticipated that the park would be managed by a fulltime operations manager, who would be assisted by some full time staff, as well as by seasonal staff. The County would have primary responsibility for administering programs in areas of the park with uses customarily found in County /Regional parks. The City would have primary responsibility for administering programs in areas of the park with uses customarily found in City parks. The City would be responsible for scheduling and coordinating the use of the ball fields. 7. Funding for maintenance of the park would be shared by the parties, and prorated according to the area of the park maintained. 8. Funding for park capital improvements and major infrastructure maintenance projects would be provided as specifically agreed by the parties. 9. Funding for future land acquisition for the park would be provided according to the agreement of the parties. 10. Each party shall be responsible for the costs related to staff time and supplies, as well as private consultants which it devotes to the attempt to acquire this property. 11. The parties shall cooperate in providing resources related to making a purchase offer for the property. 12. Legal representation shall be provided by the Wright County Attorney's Office, (hereinafter referred to as "County Attorney ") with respect to the attempt to purchase this property. The City Attorney will review correspondence and other documents as requested by the City. The County and the City may seek the assistance of other legal counsel, if necessary. 13. In the event that the City and the County acquire the property in entirety, the parties intend to adopt a formal Joint Powers Agreement to memorialize the terms and conditions of ownership, maintenance and capital improvements of said property going forward. Said Joint Powers Agreement would establish an appointed Joint Powers Board responsible for governing the park. 14. The Joint Powers Park Board would be autonomous in governing the park, but would not have taxing authority. An annual budget would need to be submitted and approved each year by the City and the County. Funding would be provided by the parties according to the approved budget. 15. The City agrees to indemnify and hold the County harmless from all liability, claims, or actions that may, in any manner, result from or arise out of the City's activities under this Memorandum of Understanding. Likewise, the County agrees to indemnify and hold the City harmless from all liability, claims, or actions that may, in any manner, result from or arise out of the County's activities under this Memorandum of Understanding. 16. This Memorandum of Understanding may be modified or amended by a written instrument signed by representatives of both parties. Dated: Dated: COUNTY OF WRIGHT Chairperson, County Board County Coordinator CITY OF MONTICELLO Mayor City Administrator