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04/16/1996 - City Council SpecialAGENDA SPECIAL CITY COUNCIL MEETING Tuesday April 16, 1996 5:00 p.m. Community Room I. ROLL CALL & ADOPTION OF AGENDA Il. VISITORS TO BE HEARD III. CAPONI ART PARK PROPOSAL IV. OTHER BUSINESS V. ADJOURNMENT MEM —city of eagan TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 12, 1996 SUBJECT: CAPONI ART PARK PROPOSAL Background Since the City Council workshop that was held onThursday, March 21, for the purpose of reviewing a proposal for the completion and operation of the Caponi Art Park as submitted by Anthony and Cheryl Caponi, two meetings have been held with the Caponis and staff. The Caponis, both Tony and Cheryl, along with their attorney, Dick Schieffer, Director of Parks and Recreation Vraa, Assistant to the City Administrator Duffy and City Administrator Hedges have collaborated to address five concepts as directed by the City Council at the March 21 workshop. Policy Consideration The range of concepts were prepared to facilitate a public policy outcome for the acquisition of a portion of the Caponi property. The upcoming park referendum is planned as an opportunity for the community to acquire additional park land open space. The public policy question regarding the Caponi property is whether the south forty acres should be acquired as park land/environmental open space. Should the City purchase the land, at a fair market value, with the understanding there is no commitment to subsidize the Art Park? The acquisition is clearly a land preservation that connects Patrick Eagan Park and the Lexington Diffley Park for hiking, cross country skiing and other public uses, The acquisition of this land would be analogous to the City's acquisition and preservation of the Holtz Farm. The land is preserved for future use. Future development and programs can be determined and developed at any time in the future when financially feasible, but the land is safe because "we have the farm." If the City did acquire the Caponi land as at a special use park land, it would be owned for that purpose and the land would be maintained as is any other park land. We would not develop it or take part in any program operations. Attachments The attached concepts raise at a spectrum of public policy considerations ranging from continuation of non-financial support to acquisition of 40 acres of the Caponi property as park land as part of a community referendum. Those concepts are listed on pages through 2, referenced as concepts z through v. Also enclosed on pages -�> through `{ is at a memo from Mr. Schieffer clarifying the Caponi proposal. A pro formalcost analysis was prepared by Cheryl Caponi and is enclosed for Council review on pages S through _<,� . City Administrator Attachments CAPONI ART PARK Concept I: The City would continue its support of the Caponi Art Park by resolution and correspondence. The City would present a modified version of the Caponi proposal to the public at a scheduled public hearing. At that time, following deliberation, a decision would be made whether the acquisition of the southern 40 acres would be placed as a question on a future bond referendum. This acquisition would be considered at fair market value. Discussion: This concept would allow the residents of Eagan to decide whether they wanted to spend tax dollars to acquire the land as park land/environmental open space. The Caponis would donate 10 of the north 20 acres (and later the remaining 10) to the non-profit corporation and contribute partial funding for the construction of a parking lot. Development of a sculpture garden would continue on the north 20 acres and the non-profit corporation would provide arts programming on the 60 acres. Concept 11: The City would continue its support of the Caponi Art Park by resolution and correspondence and by acquiring 20 of the south 40 acres for park land/environmental open space and would lease the remaining 20 from the Capons until the non-profit corporation raised enough funding to purchase the 20 leased acres. This acquisition would be considered at fair market value. Discussion: This would protect the 20 acres the City did not purchase until funding was raised. However, the City could not use bond funding for the lease portion of this concept. Funding would have to be found from another source. finless and until all 40 acres were purchased, it is unlikely that the Caponis would be able to afford to fully fund the parking lot commitment and develop the sculpture garden. Assessments and taxes might require partial sale to a developer. Donation of land to the non-profit corporation might be delayed. Concept III: The City would continue its support of the Caponi Art Park by resolution and correspondence and by acquiring 20 acres of the south 40 acres as parkland/open space This acquisition would be considered at fair market value. Discussion: Because of the topography. it might be difficult to separate the 40 acres into two 20 acre parcels, one of which would be sold for development. Because of taxes and assessments, it is likely that the Caponis would need to sell 20 acres for development It is unlikely the Caponis would be able to afford to fully fund the parking lot commitment and develop the sculpture garden. Assessments and taxes might require partial sale to a developer. Donation of land to the non-profit corporation might be delayed. it Concept IV: The City would continue its support of the Caponi Art Park by resolution and correspondence and would enter into a purchase agreement for 20 of the south 40 acres at a fair market value. The purchase agreement would be subject to the Caponis raising money to secure the ownership of the remaining parcels through corporate donations, regional fund raisers, grants, etc. The time frame would be 24 months, May 1, 1996 through April 30, 1998. Discussion: The City could not use bond funding for this concept. Funding would have to be found from another source. Unless and until all 40 acres were purchased, it is unlikely that the Caponis would be able to afford to donate the north 20 acres to the corporation or their proposed partial funding to construct a parking lot. In addition, because of taxes and assessments, it is likely that the Caponis would either need to sell all 40 acres for development in order to fund the north 20 acres or would sell all 60 acres for development. Concept V: The City would continue its support of the Caponi Art Park by resolution, correspondence, and other non-financial enhancements. This policy is consistent with the partnership the City and the Caponis have shared for more than ten years. Acquisition, capital improvements, programs and other operating expenses will be the responsibility of the Caponis and/or the non-profit corporation. Discussion: Because of taxes and assessments, it is likely that the Caponis would either need to sell all 40 acres for development in order to fund the sculpture garden and programs on the north 20 acres or would sell all 60 acres for development. *R 10 '96 04:16PM JOHNSON & WOOD PA x3xo TO: THOxAS HBDGZ5 r CITY liANAGER CITY OF RAGAN FROM: RICHARD 17. BCSIEFFERr BSQ. epa) R$: CLARIFICATION OF CAFonj LUD pROFOSAL DATE: April 9. 1996 P.2 1) LAAd east. The selling price of the land could be determined by three appraisers, one Selected by the Seller, one selected by the Buyer, and a third selected by the two appraisers. The parties could decide whether this could be a binding arbitration or whether appeal could be had to District court. 2 ) In the BYRAt o! the Di"C „f; !t o f the Um -Pref f3orncra Concerns expressed about what ha f Opens to the land north of Diffley Road if the non-profit corporation fails or dissolves, are controlled by Minnesota Statute chapter 317A. Section 811 requires notice to the Attorney General before transfer of substantially all of the assets, or a dissolution. Normally, however, the assets are transferred to another non-profit corporation. Under 5813 the Attorney General has the power to supervise and investigate these dissolutions or transfers. Under 5735(2) assets may not be diverted from the use and Purpose for which they were received and held or as intended by the original Donor. While business corporations distribute assets to their shareholders, non-profit corporations are prohibited from distributing assets to their members and therefore the assets must be distributed in accordance with statute.the ffl land ofit corporation by Mr. Caponicould nod t bereturn d to himifted to the upondissolution. p 3 )�tf_.jh4 Art It is helpful to define some terms which are often used in discussion. Some of those definitions are as follows: A. ,Pr2—Programs are educational or cultural events produced for the benefit of the public. Programs will be designed, produced, and financed solely by the non- profit corporation. Programs may be designed -to -order by school districts, by the City of Eagan or other municipalitles, by other cultural organizations, as long as the design, production and financing is done by the non-profit corporation. Fees will be charged for these programs to help offset their cost. 04-1n—aa ns.,oz­ P.3 APR 10 196 04 :16PM J01 -BISON & WOOD PA B. main nt�lles�._ Park maintenance includes activities necessary Lor the physical functioning of the p as snow flowing and maintenance of parking lots and trails, providing sanitary facilities, maintenance of grass and tress, and similar maintenance activities. These costs would be borne by the city on park property south of Diffley Road Di and by tthe Roanon-profit corporation, on property north of C. 2S�Utioae. Park operations include PhYGioal arrangements necessary to carry out prograan►pwithin amaay upon existing park facilities, e•g" require the Get up of one or more tents for cover in case of rain. The rental for the tents and the labor Por their erection is a park operation and will be included as a program cost to be borne by profit corporation. D. doom___ At. Development means the phyei.cal c ns 6heiter uction of public improvements such as parking lots, p ark ngs, and buildiother physical facilities (not including art worts or sculptures). The non -prof it corporation The would tinance all development north of Diff 1dR reach Th non-profit corporation and the city specific cost sharing agreement on each development whish occurs on the property south of Diffley Road with the exception that mit ixequir�ed for the parking lotal contributions of $27Q $270,000 from each party The caponi Art Park operating budget for 4) gperatinct�3�. roved at its December, 1995 Board, of 1996 which was app Diredt6tg Meeting is attached. oni Art Park Ir 6124544330 MG4111 /96 0,10:13 AM D2/3 CAPONI ART PARK OPERATING BUDGET Fiscal Year Ending December 31, 1996 EXPENSES Personnel Salary and Wages Artistic Director Business Manager $ Donated Artist in Residence Donated Park Staff — volunteers as needed Donated Program Coordinator — part time Donated Artist's Apprentice (part-time seasonal—$6 x 420 ha.) 6,000 2,500 Maintenance (part-time seasonal—$6 x 580 hrs.) Program Staff — Summer Art Camp teachers ( $17 70 3,500 x hr) Assistant ($6 x 70 hrs.) 1200 420, FICA, etc. Health Insurance (full-time year round only) 1,1803,400 Consultants Fund Raising 200 750 Legal 7,500 Total Personnel 2.0 Scholarships $ 27,700 Supplies and Services Advertising and promotion Grounds It'Iaintenanee — Equipment, Materials, repairs & fuel 750 1,100 Improvements Insurance (liability & property) 3,500 500 Office Copying $00 Postage 200 Printing 300 Supplies & equipment 300 Utilities (telephone, electricitt, & gas) 300 Supplies and Services --L=Total $ 8,250 Special Events Artistic Personnel Supplies 3,700 Equipment Rentals 160 Publicity & Promotion 180 Shuttle Buses 2,490 Refreshments 360 Total Special Events ---2 0 $ 7,090 Summer Art Camp Registration and Administration (S3 x 75 students) 230 ISD 196 Coordination time Student art materials (S10 x 75 students) 200 750 Equipment Rental Flyers, Poster, ISD 196 Summer Catalogue 250 Scholarships 300 Total Summer Art Camp 500 $ 2,230 TOTAL EXPENSES $ 45,270 6124544338 04-11-96 10:13AM P002 #07 CaponiAnPark x'612-454-4339 104111/96 010:13AM X313 CAPONI ART PARK OPERATING BUDGET Fiscal Year Ending December 31, 1996 INCOME Earned Income $ 1,000 User fees & Contracts 3.750 Summer Art Camp Tuition $ 4,750 Total Earned Income Contributed Income: 900 Cash Contributions from Individuals 4,750 2,000 Community Fundraising 5,000 Local Corporations 1,500 Local Service Organizations 2,000 Metropolitan Regional Arts Council 1,000 Youth Connection Council ISD 196 750 Foundations pending 3,000 Eagan Foundation 2,000 James R. Thorpe Foundation 2,000 St. Paul Pioneer Press 2,000 Target Stores 8.000 Other Foundations & Corporations $ 33,225 Total Cash In-kind Contributions 900 City of Eagan — Newsletter etc. 1,000 Eagan Convention & Visitors Bureau 450 Eagan Area Community Education ISD 196 Macalester College Off- Campus Work Study Program/Internship 2,500 Minnesota Valley Transit Authofity Local Business: 200 Knox Lumber 750 Fischer Sand &Aggregate 100 Kinko's 50 Hardware Hank 100 Superameriea 1.000 Other Businesses $ 7,410 Total In-kind Contributions $ 40,660 Total Contributed Income: TOTAL INCOME $ 45,410 6124544338 04-11-96 10:13AM P003 #07