Consider Work Order for Preparation of Plat for Park Dedication Purposes for Rivers Bend Park

This topic was introduced at a recent City Council Work Session. Discussion centered around two (2) alternatives:
 

• Approve a plat to formally dedicate to the public as Park
• Convey a third-party easement that will encumber the Property

Alternative #1: Approve Plat

Throughout the traditional subdivision/platting process, certain areas such as roads, utilities, and parks are dedicated to the public as part of the Minnesota Statutory process. Dedicating to the public is a distinctly different transfer of property compared to simply deeding property to the City. Dedicating areas to the public as Park prevents the City Council from simply conveying property to other entities for purposes other than park.  Dedicating a park to the Public does require the Plat to be filed with Anoka County.

Staff has obtained a quote from Hakanson Anderson Associates to perform the necessary professional land surveying services in the amount of $6,995. Hakanson Anderson is part of the existing Engineering Services Pool. Following the Work Session discussion in October, Staff worked with Hakanson Anderson to better define the scope and details of the purpose of the requested plat. In reviewing the request in further detail, along with obtaining existing data available through the City as well as Hakanson Anderson, the previous broad-scope platting was able to be better defined and refined, and the costs reduced accordingly.  

Based on the analysis below regarding costs, timelines, willingness, and potential issues with the third-party easement alternative, Staff would recommend the execution of a Plat, over a third-party easement.

Alternative #2: Convey Third-Party Easement

Based on a number of conversations and review, it appears that the only other alternatives that do exist that address the direction provided by the City Council are to convey a third-party or conservation easement.  The Minnesota Land Trust (MLT) is a "501(c)(3) public charity, [and]... has been working with landowners and local communities since 1991 to protect and enhance Minnesota’s increasingly threatened lands and waters".   Their mission is to: "...protect and restore Minnesota's most vital natural lands in order to provide wildlife habitat, clean water, outdoor experiences and scenic beauty for generations to come".  While there may be other potential organizations to explore third-party easements with, such as the Anoka Conservation District, the MLT has effectively worked with cities in the perpetual protection of parks, and so cost estimates and timelines were explored with the Trust.

In summary, there would be 'Transactional costs', including legal and title review, mapping, document development, and MLT staff time which is estimated to total $10,000 or more.  A stewardship contribution is 'requested' of most landowners to cover on-going monitoring and possible future legal costs which is estimated at up to $25,000.  Upon a cursory investigation, there does not appear to be grant funds to cover the costs of a conservation easement on the park property, since it is currently under public ownership.

In terms of the timeline, this project would require at least three (3) months at a minimum, to more likely one-half year until an appropriate conservation easement would be developed and recorded. 

As to the request to review a 'Nature Preserve Easement' acquired by the Anoka Conservation District in the City of Anoka, Staff was able to obtain some basic cost and structure information. The easement was donated to the Anoka Conservation District by the Anoka City Council in October of 2007. The City of Anoka provided a $10,000 escrow to cover perpetual easement inspection. The Anoka Conservation District then deposited that in an interest bearing account and use the interest to cover a portion of staff time. Interest rates were 5% at the time, providing sufficient revenue to cover Anoka Conservation District Staff time. At under 1%, revenue falls short of what is necessary to cover Anoka Conservation District based on a $10,000 escrow. In other words, the costs in this situation could exceed $10,000. The exact costs also potentially be lower, but exact cost would not be known until details of the agreement and monitoring we finalized.

It should be noted that there would be considerably more city staff time associated with the process associated with the third-party easement, as compared to the platting, as referenced above.

Preparation of this case is being handled as part of normal Staff duties.

Funding for the professional engineering services (survey and platting) will be accommodated by a year-end transfer from the 2014 General Fund budget of the Council Contingency, to the Parks General Fund Operating budget .

 

Based on City Council direction and discussion, Staff recommends that the City Council approve the Work Order for Hakanson Anderson to prepare a Plat to formally dedicate to the public the area known as Rivers' Bend Park.

Motion to approve the Work Order for Hakanson Anderson to prepare a Plat to formally dedicate to the public the area known as Rivers' Bend Park, at a not-to-exceed amount of $7,000.