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Home My WebLink About2011-03-03 P & R Packet �� lY CITY OF CENTERVILLE PARKS AND RECREATION AGENDA Wednesday, March 2, 2011- 6:30 P.M. I. CALL TO ORDER 1. Roll Call II. SET AGENDA III. APPEARANCES IV. CONSIDERATION OF MINUTES 1. February 2, 2011 Parks & Recreation Committee Meeting Minutes V. COMMITTEE BUSINESS � 1. Concession Stand at Laurie LaMotte Memorial Park j 2. Music in the Parks i 3. Tobacco in Parks Policy (Grahek) ; 4. Signage for Trails (Seeley) i I VI. UPDATES I I 1. Re-allocation of YMCA Funding i 2. Centennial Little League Use of Ball Fields at Laurie LaMotte Memorial Park for 2011 Season � 3. Dead Broke Saddle Club Donation of $2,500 for Sand Volley Ball Court 4. Trail Project Expectations 5. Ba1d Eagle Water Ski Shows 6. PA System 7. Promotions � Handbook & Quarterly Flier 8. Festival of the Lakes 8K Run 9. Native American Artifacts and Historic Sites in Centerville VII. ADJOURNMENT Parks & Recreation Committee Meeting Minutes 02-02-11 PARKS AND RECREATION CQMMITTEE MEETING MINUTES Wednesday, February 2, 2011- 6:30 p.m. Pursuant to due call and notice thereof, the Parks & Recreation Committee of the City of Centerville held the regularly scheduled meeting Wednesday, February 2, 2011 at Centerville City Ha11, 1880 Main Street. Present: Vice-Chairperson Jon Grahek Committee Member Suzanne Seeley Committee Member Mark Haiden ��}� � 0 ��C117�� Committee Member Kevin Amundsen �� aa `�� Committee Member Kevin Selander Committee Member Brian Peterson Absent: Chairperson Patrick Branch (participated via teleconference) Council: Council Liaison Steven King Staff: Absent ' Also in attendance were Ms. Liz Guimont, Ms. Katie Lowe and Ms. Sharna Braucks, Chain of Lakes YMCA, I Ms. Mary Capra and Mr. Philip Capra, Eagle Project. i I. CALL TO ORDER I I Roll Call , � i Vice-Chairperson Grahek called the February 2, 2011 Parks & Recreation Committee Meeting to order at 6:3 8 p.m. II. SET AGENDA Vice-Chairperson Grahek requested adding two updates; Skate Night and DNR Tree Grant � Eag1e Project, Mr. Philip Capra. Motion was made by Committee Member Amundsen, seconded by Committee Member Selander, to set the February 2, 2011 Parks & Recreation Committee Agenda with the above additions. All in favor. Motion carried unanimously. III. APPEARANCES Ms. Liz Guimont, Ms. Katie Lowe and Ms. Sharna Braucks were present from the Chain of Lakes YMCA to discuss the Park Play Day Program and introduce the Day Camp at Heritage Lab, which is entering its 2 year. Heritage Camp is a 12 week program with participants (ages 4 through 15) able to attend one week or up to 12 weeks. This program is pa.rtnered with Anoka County. Handouts of all 1 of 6 Parks & Recreation Committee Meeting Minutes 02-02-11 activities, transportation and registration fees were supplied to the committee, as well as a presentation from daycampheritage.org. The YMCA proposes eliminating Centerville Park Play Days at Laurie LaMotte Memorial Park and consolidating into Heritage Camp. In 2010 there were 22 children in session 1 and only 4 in session 2 of Park Play Days (15 from Centerville). The YMCA offers a Personal Pricing Plan for families in need with $300,000 in scholarships given last year. Of that amount $58,500 was expended for the Heritage Camp program. Scholarships are on a sliding scale based on income and the number of people in the family and can pay for up to 50% of program cost. This program is non-profit, so balance comes from other programs or memberships. It was suggested vouchers specific for Centerville residents are possible and adding a bus stop in Centerville would benefit residents. How to use a Centerville donation would need to be discussed further, but it was suggested if a family qualifies, then they would get a YMCA Scholarship and the Centerville donation could be over and above the YMCA scholarship. IV. CONSIDERATION OF MINUTES Januarv 5, 2011 Parks & Recreation Committee Meeting Minutes Committee Member Haiden requested changing the word `conception' to `inception' on page 4, 2nd paragraph, 2 nd sentence, under Music in the Parks. Committee Member Haiden requesting adding the word `yards' on page 6, 2 nd paragraph, 1 St sentence "...would want to have an area about 400 x 400 (insert: yards) weed free". Motion was made by Committee Member Haiden, seconded by Vice-Chairperson Grahek to approve the January 5, 2010 Parks & Recreation Committee Meeting Minutes with the above corrections. All in favor. Motion carried unanimously. V. COMMITTEE BUSINESS YMCA Park Programs Committee Member Peterson stated that it appeared to be a good program; however, Centerville does have a very tight budget and he would prefer to see an amount smaller than $1500 allocated for the YMCA Heritage Camp and a time limit after which unspent money would no longer be available for this program. Committee Member Seeley also stated that Wargo Nature Center has more affordable programming. Committee Member Haiden pointed out that the YMCA Scholarship Program was available for Centerville residents. Chairperson Branch's recommendation is that Parks & Recreation should not fund the YMCA programs either in our parks or at the Heritage Lab as we could make better use of the $1500 and the committee should ask City Council to re-allocate those funds to other park activiries. Motion was made by Committee Member Amundsen, seconded by Committee Member Selander, to recommend to City Council that the $1500 budgeted for Centerville Park Play Days not be allocated to YMCA programs and to instead be made available for other City of Centerville Parks & Recreation uses. All in favor. Motion carried unanimously. Centennial Little League Request to Use Ball Fields & Facilities at Laurie LaMotte Memorial Park Aaril throush August 2011 2 of 6 Parks & Recreation Committee Meeting Minutes 02-02-11 Included in the packet was a letter received from Centennial Lakes Little League requesting use of the ball fields and facilities at Laurie LaMotte Memorial Park for the 2011 season. Mr. Pat Mahr met with Mr. Paul Palzer & Mr. Dallas Larson and worked out an agreement for the grooming of the fields, basically Public Works will continue with the same service as they have in past years and if additional mowing is needed Centennial Little League will take care of it. Centennial Little League still plans to move the lights, fence and scoreboards with no cost to the City. Motion was made by Committee Member Seeley, seconded by Vice-Chairperson Grahek to recommend City Council approve the request from Centennial Lakes Little League to use the three baseball and softball fields and facilities located at Laurie LaMotte Memorial Park for the summer months of 2011 beginning April 1 through August 15, Monday through Friday from 4:00 p.m. until dark with the maintenance agreement worked out with the Public Works Staff and Centennial Little League in regards to grooming the fields prior to games. All in Favor. Motion passed unanimously. The committee requested Ms. Stephan contact Centennial Little League to determine what their needs were going to be for nighttime play under the lights, for instance how late in the evening and whether they would be holding tournaments. Music in the Parks Mr. Tom Lee has said he would organize the Teen Bands again if that is what the committee would like, as well as perform one night himself either solo acoustical or with his band. Ms. Stephan has asked Ms. LaValle looking for input as to children's bands, country music bands, bad weather policy and availability of the bands she is involved with. Ms. LaValle supplied information on all the above which Ms. Stephan passed on to the committee. Ms. LaValle stated rainouts are handled one of two ways: some pay regardless, so expect you to show up, and then if it is a rainout, you get paid, and leave. The other way is to say if the concert gets cancelled 4 hours before downbeat, early enough to avoid travel, or setup, then it is cancelled with no payment. I� Committee Member Peterson played a Rusty's Rocking Jamboree clip. Committee Member Seeley stated that it was good to have a music night geared for younger children of Centerville. The following schedule was decided: July 12 BBB Jazz Combo July 19 Rusty's Rocking Jamboree (popcorn and ice cream provided) July 26 Tom Lee or Teen Band August 9 BBB Jazz Orchestra August 16 Tom Lee or Teen Band August 23 7 Cats Swing Committee Member Peterson to confirm Rusty's Rocking Jamboree for July 19�. The committee requested Ms. Stephan ask Mr. Lee his preference on the dates July 26th or August 16�', with the Teen Bands on the remaining date. 3 of 6 Parks & Recreation Committee Meeting Minutes 02-02-11 Movies in the Park After some discussion, the committee decided to set September 10�' and September 17�' as the Movie in the Park nights for 2011, with September 24th as a makeup night, if necessary. Parks & Recreation Hosting an Olvmuic Dav Chairperson Branch brought this item to the committee for consideration stating there are 160 of these events nationwide, but only 3 in Minnesota. Chairperson Branch suggested funding could come from the $1500 now slated to the YMCA Park Programs, thinking the Olympic Day could be done for approximately $1000. The two biggest challenges would be the agenda and the participants. Playing on the idea of the Olympics, we could set up a series of teams that we would call nations. We would invite organized sports, neighboring towns and the YMCA to field a national team. So we could have the hockey nation, soccer nation, YMCA nation, Hugo nation, etc. For sports we could do a one or two day softball tournament, tennis tournament, skate board skills, and sprint distance track events. We could invite an Olympic speaker from the national training center in Blaine. Committee Member Seeley stated that it would be difficult to organize this event in the time frame allowed. Other cities known to host an, Olympic Day are Burnsville, Rochester and Duluth. Reportedly they have had about 30 to 300 participants. It was suggested someone from the Parks & Recreation Committee try to attend one of this events and report back to the committee. The Committee decided to not participate in hosting an Olympic Day Celebration in 2011. VI. UPDATES � Skate Night Uudate The committee coordinated the details of the upcoming Saturday, February 5, 2011 Skate Night event. Tobacco in Parks Policv (Grahek) This item was tabled until the March 2, 2011 Parks & Recreation Committee meeting. Youth Corps Committee Member Seeley suggested an online timeshare signup for volunteers to offer skills they have. The committee is still concerned about how the youth would be chaperoned. Promotions � Handbook & Ouarterlv Flier Per the utility Billing Clerk, Ms. Kris Sweeney, it will cost the Parks & Recreation Committee/Wargo Nature Center approximately $50 to mail a flier with the utility bills, this does not include the cost of printing. Chairperson Branch and Committee Member Seeley have met with Ms Deb Gallop, Wargo Nature Center to discuss the concept of placing event notices on the opposite sides of a single sheet of paper, Centerville would send out these flyers with the quarterly utility bills and Wargo would cover the cost of printing. Wargo and the City would also hand out these flyers as part of their normal business with the public. Chairperson Branch will follow up with Ms. Krista Toomerdahl, Wargo's graphic designer to work out what the fliers would look like. 4of6 Parks & Recreation Committee Meeting Minutes 02-02-11 Sand Vollevball Court City Council tabled the item at the January 26, 2011 City Council meeting regarding the committee's request to reserve the money received from Dead Broke Saddle Club Charitable Gambling Funds with $2,500 dedicated to the future sand volleyball court at Laurie LaMotte Memorial Park Sand Volley Ball Court requesting more information from the Parks & Recreation Committee regarding the proposal. The following motion was made at the February 2, 2011 Parks & Recreation Committee meeting for City Council consideration: Motion was made by Committee Member Haiden, seconded by Committee Member Amundsen to recommend City Council approve a request for a regulation sized Sand Volleyball Court(s) to be constructed in Laurie LaMotte Memorial Park providing that no general funds from the City are requested at tlus time. Any donations or income designated for this project are to be held in a separate fund for this purpose. All in Favor. Motion passed unanimously. Concession Stand at Laurie LaMotte Memorial Park Mr. Dallas Larson, City Administrator has tasked Mr. Paul Palzer, Public Works Director and Mr. Mike Jeziorski, Finance Director to come up with a business plan for opening the Laurie LaMotte Memorial , Park concession stand. The City has committed to groom the little league ball fields and are considering hiring a part time employee whose duties would include the ball field grooming, cleaning the restrooms and operating the concession stand. Mr. Larso stated the committee will have information regarding this proposal at their regularly scheduled March 2011 meeting. Trail Proiect Expectations This discussion item was tabled until the March committee meeting. The committee asked that Mr. Greg Burmeister attend the March committee meeting to discuss the committee's expectations for the project. Bald Ea�le Water Ski Show (Haidenl Committee Member Haiden informed the committee that he had a telephone discussion with Ms. Tina Lobin, Bald Eagle Water Ski Club to discuss the committee's expectations for research and any required permits or permissions to conduct the ski show in the area desired. Ms. Lobin confirmed the club would contact the DNR about lake weed control as well as any other concerns the DNR may have about the area use. The club would also contact the Saint Paul Regional Water Services about any requirements to place a dock on the shores of Centerville Lake. Committee Member Haiden suggested that Ms. Lobin may wish to present the findings at the next Parks & Recreation committee meeting in March. Native American Artifacts and Historic Sites in Centerville There was a January 18, 2011 meeting at Wargo Nature Center regarding preservation of Native American artifacts and historic sites in Centerville which included representatives from Parks & Recreation, Wargo Nature Center, MN Science Museum and Centerville residents. The discussion centered on past archeological surveys on Native American sites within the present City of Centerville. 5 of 6 Parks & Recreation Committee Meeting Minutes 02-02-11 Chairperson Branch reported that while the committee has discussed the possibility of trying to pursue grants to purchase Mr. Leibel's property where the burial mounds are located, the committee was only in the earliest stages of thinking through what could be done in this area. Before grant money can be seriously pursued, the committee would need a much better defined project than we currently have. Chairperson Branch suggested the committee start thinking of what we want to do in Centerville for this burial mound area. Some possibilities may be to erect a roadside sign or to consider purchasing the property. Committee Member Seeley stated this site is designated as a burial mound and is protected by law. Committee Member Seeley would prefer the City buy the property if at all possible and maintain in its current state with signage on the trail. Perhaps, Anoka County might want to buy the land and add it to Rice Creek Regional Park. Committee Member Haiden stated that if the site is already protected by law, the Parks & Recreation Committee may not need to purchase the site in order for it to be preserved and the committee should find out what can be done by any new purchaser. For example, could they build between the mound and the road so as to block the view? The committee would request the City Attorney look into what the owner can do with the property going forward given the historic designation. Tree Diversification Eagle Proiect - Philip CaAra & Marv Capra Mr. Philip Capra attended the committee meeting to discuss his Eagle Project which the committee had motioned to support at the July 7, 2010 committee meeting. Mr. Capra applied for and received a DNR grant on behalf of the City and was awarded $7;200 for planting trees. DNR grants typically require a covenant on property where improvements are made with federal funding and the City would need to enter into a covenant agreement regarding any p rk the trees are planted in. If park property is sold for any reason, the City would need DNR approval. While the original Eagle Project called for adding trees j to multiple parks, because Laurie LaMotte Memorial Park already has DNR covenants in place, Mr. , Dallas Larson, City Administrator, suggested adding trees to just this park. Mr. Capra is working on a site plan for the committee's approval. The trees would be purchased from Rum River Tree Farm. Mr. Capra would like the Parks & Recreation Committee to recommend that City � Council accept the 22 trees (2.5" stalks) to be planted at Laurie LaMotte Memorial Park. Motion was made by Committee Member Amundsen, seconded by Committee Member Seeley to recommend City Council approve all 22 trees funded by the DNR grant be planted in Laurie LaMotte Memorial Park to save cost, time and dealing with future covenants. All in favor. Motion carried unanimously VII. ADJOURNMENT Motion was made by Vice-Chairperson Grahek, seconded by Committee Member Seeley, to adjourn the February 2, 2011 Parks & Recreation Committee meeting at 9:15 p.m. All in favor. Motion carried unanimously. Transcribed by Committee Member Haiden 6 of 6 TO: Parks & Recreation Committee Members FROM: Kim Stephan DATE: February 25, 2011 SUBJECT: Committee Business Concession Stand at Laurie LaMotte Memorial Park Mr. Mike Jeziorski, Finance Director has been doing research, but does not as of yet have replies to all of his inquires. Mr. Jeziorski will have more information for the committee by March 2, 2011 and will be supplied at the meeting. I Music in the Park I Mr. Lee has committed to the August 16�' date either solo or with his band. He suggests budgeting $300, if he plays solo he will perform for free with an ice cream social, but his band will require some funds and he does , not have an answer at this time as to whether or not the will play. He was not however, able to secure one of ' the 3 teen bands he has worked with, so the committee has an opening for July 26�'. 2011 Music in the Park Schedule: $350 - July 12 BBB Jazz Combo , $350 - July 19 Rusty's Rocking Jamboree (Popcorn & Ice Cream) � ???? - July 26 , $400 - August 9 BBB Jazz Orchestra , $300 - August 16 Tom Lee (Ice Cream) ' $350 - August 23 7 Cats Swing $100 ICE CREAM THIS TOTAL =$1850 without a band for the July 26� spot. If we pay another band $350, that would mean raising the budget from $1500 to $2200 using $700 from the YMCA line item. Two options for the July 26�' spot, if they are available, would be: Kathi LaValle had asked if the Music in the Parks schedule is full or if we were still interested in Mean Gene & tLe Woodticks to be heard at www.woodticks.net The following email is from Fred Bailey, previously of the Banjo Boys: I recently talked with you over the phone about our great Dixieland Band, The Maple Street Ramblers. We've been entertaining audiences in the TC area for several years now and we would like to have an opportunity to offer our version of happy New Orleans Dixieland Jazz music to your Centerville Summer Music Program. We are a six piece traditional Dixieland band (trumpet, clarinet, trombone, and rhythm section) and we have been playing that great old jazz music called Dixieland (When the Saints Come Marching In, Bild Bailey Won't You Please Come Home, etc.) for local audiences since the late 1990's. We find our rnusic is a big hit because it's happy music with that old time feel that is so popular with summer music audiences. Our one to two hour performances have been very successful at Birthday Parties, Senior Communities and Church Event throughout the North Metro area. We can bring the music and sound equipment needed for almost any event. Detailed references are available on request. We would love to have the opportunity to perform for your community at Centerville this Summer. Please contact me at the phone number or email address below. Hope to hear from you soon! The Maple Street Ramblers Fred Bailey, Bus. Mgr. 651-483-0609 Fred Bailey bailey(a�ece.umn.edu fnbailev�a),umn.edu � I I I TO: Parks & Recreation Committee Members FROM: Kim Stephan DATE: February 24, 2011 SUBJECT: Updates Re-allocation of YMCA Funding I have notified Ms. Liz Guimont that the Parks & Recreation Committee would not be contributing funding to the YMCA programs in 2011. The following recommendation was sent to City Council and approved at the February 23, 2011 Council meeting. The City Council however requests Parks & Recreation is specific in where these funds will be allocated to. ', Motion was made by Committee Member Amundsen, seconded by Committee Member Selander, to I recommend to City Council that the $1500 budgeted for Centerville Park Play Days not be allocated to �� YMCA programs and to instead be made available for other City of Centerville Parks & Recreation uses. I All in favor. Motion carried unanimously. � Centennial Little Lea�ue Use of Ball Fields at Laurie LaMotte Memorial Park for 2011 Season � � I have emailed Mr. Patrick Mahr, Centennial Little League President, to ask what the League's needs were for '�, nighttime play under the lights, how late they would use the fields/lights and whether they were scheduling I tournaments at the park? I have not had a response from Mr. Mahr as of yet. The following recommendation was sent to City Council and approved at the February 23, 2011 Council meeting. Motion was made by Committee Member Seeley, seconded by Vice-Chairperson Grahek to recommend City Council approve the request from Centennial Lakes Little League to use the three baseball and softball fields and facilities located at Laurie LaMotte Memorial Park for the summer months of 2011 begiwning April 1 through August 15, Monday through Friday from 4:00 p.m. until dark with the maintenance agreement worked out with the Public Works Staff and Centennial Little League in regards to grooming the fields prior to games. All in Favor. Motion passed unanimously. Dead Broke Saddle Club Donation of $2,500 for Sand Vollev Ball Court Motion was made by Committee Member Haiden, seconded by Committee Member Amundsen to recommend City Council approve a request for a regulation sized Sand Volleyball Court(s) to be constructed in Laurie LaMotte Memorial Park providing that no general funds from the City are requested at this time. Any donations or income designated for this project are to be held in a separate fund for this purpose. All in Favor. Motion passed unanimously. The above recommendation was sent to City Council by the Parks & Recreation Committee and approved at the February 23, 2011 Council meeting with the following discussion and sunset date of December 31, 2013: Mayor Wilharber stated that Council was presented with background documentation from the Parks & Recreation Committee, Public Works and City Staff regarding the desire and cost estimates to construct two (2) sand volleyball courts at Laurie LaMotte Memorial Park. Council discussion ensued regarding the process for proposed projects and funding prior to receiving donations and the intent of the donations. City Administrator Larson stated that the Committee submitted a request to Dead Broke Saddle Club for a donation of $10,000 to entirely fund one volleyball court. However, the donation of Dead Broke was $2500, leaving a significant shortfall on the project. Council felt that the project potentially could not be completely funded with donations and the Committee would request additional funds from the city for the completion of the project. City Administrator Larson stated that Council could place language in their motion setting aside the funds until such time all outside sources have funded the project with a deadline date and returning to Council and Dead Broke for alternative usage of the funds if sufficient funds are not raised. Council concurred with this suggestion. Motion by Council Member Paar, seconded by Council Member King to reserve Dead Broke Saddle Club's donation of $2,500 for the construction of sand volleyball court(s); however, if Parks & Recreation is not able to raise sufficient funds to complete the construction by 12/31/2013 the Committee will return to Council and Dead Broke for alternative projects. All in favor. MoHon carried unanimously. Trail Proiect Exnectations I I The committee had asked that Mr. Greg Burmeister attend the March committee meeting to discuss the committee's expectations for the project with the Project Manager. Mr. Dallas Larson, City Administrator, said Mr. Burmeister will attend a Parks & Recreation Committee meeting after the spring preconstruction meeting with the contractor in April. Bald Eagle Water Ski Shows The following email update is from Mr. Mark Spitzmueller: �� I finally got through to Bill Tschida with the St. Paul Water utility. He said that we would be able to place a dock on the site, but the permit request would need to come from the city. There is a nominal fee of $25 per year for the permit. If we are to move forward, the city would work with Mr. Tschida for the permit. He mentioned he has worked with the city administrator, Dallas Larson, in the past on other matters. I believe the main requirement will be for us to add the City of Centerville, St. Paul Water Board and the City of St. Paul as additional insured on our liabiliry insurance through USA Water Ski. The current insurance coverage required by the Water Utility for private landowner is IOOk1300k. Mr. Tschida is going to speak with his risk manager to discuss whether or not they would require more because of our specific use and let me know by next Thursday. Our current liability coverage is well over the amount required for private landowners and I believe we can increase if necessary. PA Svstem I asked Mr. Tom Lee if he had any updates regarding the purchase of the PA System or if the committee needed to allocate more funding to this item to purchase the PA System at full price (not on sale). Mr. Lee said the current budget ($2,700) should cover everything that is a must have and he could loan the committee a few things if needed. He was continuing to watch the prices trying to get the best possible deal. Festival of the Lakes 8K Run Chairperson Branch reports the 8K website is up and running. Please look at the site and give Chairperson Branch your critical feedback. He will make what ever corrections are needed and then send the link out to the warld. www.centervillemn8k.com With our net solutions subscription we do have one more free domain name. If we choose to use it we must activate it within the next few weeks. Chairperson Branch was able to find and secure a much more economically feasible way to time the 8K and the in-line. See email correspondence below: Mary and Barb, I am looking for alternative methods or resources for timing Centerville's 8K run and 10 mile in-line skate event, July 30, 2011. For the last two years I have used Vacation Sports. Randy and his team have provided a • good service, and I enjoy doing business with them. But their $1000 price tag is more than I can afford. We are a small event. We have averaged about 100 runners. This year with two events (skate and run) we may I get a total of 200 people. Do provide timing services? Can you beat Randy's price? Do you have alternative ' ideas for timing and event? I know that chip timing is all the rage - but we are a small event and if that is the cost driver - then I do not need chip timing Pat Branch, Centerville Parks and Recreation Hi Pat, I would be happy for the opportunity to help with your race timing. I still do it the "old fashioned" way - with the bib and spindle routine. I am srill able to produce printed results on the spot for races under 300 finishers. I charge $1.50 per registered runner, $2.00 for race day entries. That means for your event if you have 200 people who sign up in advance it would cost $300. If you think this might work for you, let me know. Right now I am available on July 30. I do charge $50 for a large finish clock if you want to add that on. Barb Leininger, barb _,runningventures.com 612-644-8185 Barb, This is just the response I was hoping for. Your terms are acceptable and yes we would like the large finish clock. Please block the date July 30th. You are familiar with our run course as you measured it a couple of years ago. The in-line skate event will not be a certified course but will start and end at the same locations as the run. Pat Branch, Centerville Parks and Recreation TO: Parks & Recreation Committee Members FROM: Kim Stephan DATE: February 24, 2011 SUBJECT: Native American Artifacts and Historic Sites in Centerville The committee requested staff provide information as to what can or cannot be done with property designated as a historic site. Attached are Minnesota laws on burial sites. It appears that the law protects these sites if they have been authentica.ted, and I believe the one on Leibel's property has. The site does spill over the property line to the south so it would occupy part of the lot owned by Myrna Rehbein. Most of it does appear to be on Leibel's land. Dallas Larson, Administrator City of Centerville � The Law and American Indian burial protections--Minnesota. laws Page 1 of 6 � �9� �� p, �� , � �� : . � n � , r � , � � �. _. , - � . , � . � . � ��;� �� . : .�.z � �� _ � . w r .. ��.��._ � - F�.�.i� i:� ,I, � • - .��,.m �, �.. � ., . . ' ' s !! _ _. .� .�,..� ! �_ ,,. Subjects The Law and American Indian Grave Protection Federal laws Minnesota Laws State laws Onsite text of Indian Burial Ground Identification and Preservation Offsite text at the Some preserved Minnesota Archaeology page. sites. Summaries follow of buriaUazchaeological laws yielded through a keyword search for Some historv "azchaeology" and "burial" on 2001 March 30 at the State Historic Preservation and culture Legislarion Database found at the NCSL {National Conference of State Legislatures) web site, that database then updated through 1999. T'hese summaries are reprinted Controversies under the Fair Use doctrine of international copyright law which may be found at Concernine http://www4law.cornell.edu/uscode/17/107.htm1 Archaeologv Ibsgwatch.org is not responsible for any inaccuracies or timeliness of information. American I Indian Voices News Archive Index Code Book: Minnesota Statutes I CitatIon: §307.08 (1,2) Return to main Section Title: Illegal molestation of human remains: legislative intent; violations I Leam page i Summary: Please inform the webmaster Declares that a11 human burials and human skeletal remains shall be accorded equal � of any broken ��►ent and respect for human dignity without reference to their ethnic origins, �� cultural backgrounds or religious affiliations, and that the pmvisions of this section shall apply to all such burials and remains found on or in all public or private lands or waters of the state. Declares that a person is guilty of a felony who intentionally, willfully and knowingly destroys, murilates, injures, disturbs or removes human skeletal remains or human burial grounds. Declares that a person is guilty of a gross misdemeanor who intentionally, willfully or knowingly removes any tombstone, monument or structure placed in any public or private cemetery or unmarked human burial ground, or any fence, railing or other work etected for pmtecdon or ornament, or any tree, shrub or plant or grave goods and artifacts within the limits of the cemetery or burial ground, or discharges a firearm upon or over the grounds of any public or private cemetery or authenticated and identified Indian burial ground. Primary Topic: Archeological Activities Secondary Topic: o Disposition of Human Remains o Violation / Penalty / Enforcement Code Book: Minnesota Statutes Citation: §307.08 (3-6) http://www.ibsgwatch.imagedjixui.com/learn/minnesota.law.hhn 2/23/2011 The Law and American Indian burial protections--Minnesota laws Page 2 of 6 Section Title: Illegal molestation of human remains: authentication, identification and marking of unmarked burial grounds Summary: Authorizes the posting of any authenticated and identified burial ground for protecrive purposes every 75 feet around its perimeter with signs listing pmhibited acrivities and the penalties, to be posted at the discretion of the Indian Affairs Council in the case of Indian burials or at the discretion of the state azcheologist in the case of non-Indian burials. Directs the state archeologist to authenticate all burial sites for purposes of this section and authorizes the state azcheologist to enter on pmperty for such purposes, with the permission of the property owner or lessee. Authorizes descendants of persons buried in burial sites covered by this section to enter the burial sites for the purpose of conducting religious ceremonies, but directs that such entry shall not unreasonably burden pmperty owners or unnecessarily restrict their use of their property. Directs the state to retain the services of a qualified professional archeologist, approved by the state archeologist and the lndian Affairs Council, to gather information to authenticate or identify Indian burial grounds when requested by a concerned scientific or contemporary Indian ethnic group, when Indian burials are known or suspected to exist on public lands or waters controlled by the state or a political subdivision. Declares that the cost of authentication, identification, mazking and rescue of unmarked or unidentified burial grounds or burials shall be the , responsbility of the state. Requires data collected by this activity that has common value for natural resource planning must be provided and integrated into the I Minnesota land management information system's geographic and summary data bases according to published data compatibility guidelines, with wsts of such borne by the state. Requires the size, descrip6on and information on any signs posted at cemeteries I or burial grounds by the state archeologist or the Indian Affairs Council to be approved by the Minnesota State Historical Society. , I Primary Topic: Archeological Activities Secondary Topic: o Disposition of Human Remains I o Survey / Inventory of Sites i � Code Book: Minnesota Statutes i Citation: §307.08 (7) Section Title: Illegal molestation of human remains: disposition �f unidentified human remains Summary: Directs that all unidenrified human remains or burials found outside of platted, recorded or identified cemeteries and in contexts which indicate antiquity greater than 50 years shall be dealt with in accordance with provisions established by the state azcheologist, if the state archeologist determines that such burials are not Indian or their ethnic identity cannot be ascertained. Directs that efforts shall be made by the state archeologist and the Indian Affairs Council to ascertain the tribal identity of any burial that the state archeologist determines to be Indian, and, if probable tribal identity can be detetmined, such remains shall, at the discretion of the state archeologist and the oouncil, be turned over to contemporary tribal leaders for disposirion. Authorizes the state archeologist or the council to allow such remains to be studied by a qualified prnfessional archeologist before being delivered w the tribal leaders. Directs the state archeologist and the council to establish provisions to deal with the disposition of Indian remains for wluch tribal identity cannot be determined. http://www.ibsgwatch.imagedjinn.com/learn/minnesotalaw.htm 2/23/2011 The Law and American Indian burial protections--Minnesota. laws Page 3 of 6 Primary Topic: Archeological Activities Secondary Topic: o Disposition of Human Remains Code Book: Minnesota Statutes Citation: §307.08 (8-10) Section Title: Illegal molestation of human remains: Indian burials on public lands Summary: Prohibits the relocarion of an authenticated and identified Indian burial ground unless the request to relocate is approved by the Indian Affairs Intertribal $oard. D'uects that the cost of removal of an Indian burial ground located on public lands or waters shall be paid by the state or political subdivision controlling the lands or waters. Directs the state to make efforts to purchase and protect large Indian burial grounds instead of removing them to another location. Directs the Department of Natural Resources, the Department of Transportarion and all other state agencies and local governmental units whose acriviries may be affected to cooperate with the state azcheologist and the Indian Affairs Intertribal Boazd to carry out the provisions of this secrion. Requires the state or political subdivision controlling the lands or waters on which Indian burials aze known to be located to submit construction and development plans to the state archeologist and the Indian Affairs Intertribal Boazd for review prior to the time bids are advertised. D'uects the state azcheologist and the board to review the plans promptly and make recommendarions for the preservarion or removal of human burials or remains that may be endangered by construcrion or development activities. � Primary Topic: Archeological Activiries Secondary Topic: o Disposition of Human Remains I, Code Book: Minnesota Statutes Citation: §307.082 Section Title: Illegal molestation of human remains: civil actions Summary: Allows the attorney general, a state agency or political subdivision, an individual residing within the state or a partnership, corporation, association, company or other entity with shareholders, members, partners or employees residing within the state to maintain a civil action seeking temporary or permanent injunction, damages or other appropriate relief against a person who is alleged to have committed a violarion of §307.08 (2) regarding the willful disturbing of a burial ground. Requires that the action be bmught within two years after the alleged violadon is discovered and reported to the state archeologist or the Indian Affairs Council and must be filed in either the district court of the county in which the subject burial ground is located or in which the defendant resides. Primary Topic: Archeological Activities Secondary Topic: o Disposition of Human Remains http://www.ibsgwatch.imagedjinn.com/learn/minnesotalaw.htm 2/23/2011 The Law and American Indian burial protections--Minnesota laws Page 4 of 6 o Violation / Penalty / Enforcement Code Book: Minnesota Stalutes Citation: § 138.31 through § 138.33 Section Title: Minnesota Field Archeology Act of 1963: definitions; legislative intent; unlicensed field archeology prohibited Summary: (§138.31) Defines a"state site" as a land or water area, owned or leased by or subject to the paramount right of the state, county, township or municipality where there aze objects or other evidence of azcheological interest, including all aboriginal mounds and earthworks, ancient burial grounds, prehistoric ruins, historical remains and other azcheological features on state land or on land subject to the paramount rights of the state. Excludes bottles or ceramics manufactured after 1875 from the definition of historical remains. (§138.32) Reserves for the state the exclusive right and privilege of field archeology on state sites to protect and preserve azcheological and scienrific information, matter and objects. Discourages field archeology on privately owned lands except in accordance with both the pmvisions and spirit of the Minnesota Field Archeology Act. Encourages persons having knowledge of the location of azcheological sites to communicate such informarion to the state archeologist. (§ 13833) Prohibits any person, including state or other public employees other than the state azcheologist and individuals duly licensed by the d'uector of the Minnesota Historical Society, from engaging in any field archeology on any state site. Primary Topic: Archeological Activities Secondary Topic: o Permit / Site Investigation Authority �, o Underwater Archeological Activity Code Book: Minnesota Statutes Citation: § 138.36 Section Title: Minnesota Field Archeology Act of 1963: licenses Summary: Directs the d'uector of the Minnesota Historical Society and the state archeologist to formulate and issue such provisions for licenses as are required to carry out and enforce the Minnesota Field Archeology Act of 1963. (2) Authorizes the director of the society, acting as an agent of the state, to issue a license to a qualified person approved by the state archeologist to engage in field archeology on a specified state site. Authorizes the director also to issue a license to a qualified person, either in connection with the right to engage in field archeology on a specified site, or alone, to engage in purely preliminary or exploratory activities in a specified azea where a site is thought to exist. Requires the applicant, if a state site or an area to be descnbed in a license is under the jurisdiction of any other state agency or if the azcheology so licensed may interfere with a project of any other state agency, to obtain the approval of that agency. Authorizes the attorney general to apply to the district court for injunctive relief to restrain activities that, in the d'uector's opinion, may damage historical or archeological sites on public lands or waters. (3) Authorizes the director of the Minnesota Historical Society or the state azcheologist to waive or abridge provisions of the Minnesota Field Archeology Act of 1963 in an emergency in which objects of interest to the state are found in the cowse of construction or demolition http://www.ibsgwatch.imagedjinn.com/learn/minnesotalaw.htm 2/23/2011 The Law and American Indian burial protections--Minnesota laws Page 5 of 6 work, or in other situations in which time is of the essence to save objects or gather data. Authorizes the director or the state archeologist to issue short form emergency licenses to persons not otherwise qualified to enable them to salvage objects or gather data in the time available. (4) Authorizes the director of the Minnesota Aistorical Society to renew any license for another calendar year. Requires such application for renewal to be made in the form and contain the information required by the state archeologist. (5) Authorizes the director or the state azcheologist to revoke or suspend a license because of the improper conduct of the licensee, the use of improper or substandazd methods or other good cause. Primary Topic: Archeological Activities Secondary Topic: o Permit / Site Investigation Authority Code Book: Minnesota Statutes Citation: § 138.37 Section Title: Minnesota Field Archeology Act of 1963: ownership, custody and use of objects and data Summary: � (1) Reserves for the state the title to all objects found and data gathered in field I azcheology, except as provided in subsecrions 2 and 3, although a license may name a custodian other than the state azcheologist. Requires that physical possession of objects or data shall revert to the state if the custodian named ceases to exist, or if the , state azcheologist fmds that he custodian is not pmperly caring for them or keeping them wnveniently available for study. (2) Authorizes the director of the Minnesota Historical Society, with the approval of the state archeologist, to permit qualified persons acting for a nonresident agency, school or institurion to be licensed to engage in field archeology in the state. Requires the director and the state archeologist, at the time the license is issued, to determine the disposition of objects found. (3) Authorizes the state azcheologist, if the best interests of the state are deemed served thereby and with the approval of the director of the Minnesota Historical Society, to barter one or I more objects belonging to the state for one or more objects belonging to another state, a private person or any school, scientific institution or other body having ritle thereto. ' Authorizes the state azcheologist, with the appmval of the director, to dispose of one i or more objects belonging to the state. Authorizes the state azcheologist and the director to accept on behalf of the state any gift or an object, data or any deed to a , privately owned site if they dcem the gift valuable to the state, or to accept any gift of ' money to be used for one or more of the purposes covered by the Minnesota Field Archeology Act of 1963. Primary Topic: Archeological Activities Secondary Topic: o Curation / Ownership of Artifacts Code Book: Minnesota Statutes Citation: § 138.41 SecNon Title: Minnesota Field Archeology Act of 1963: penalties Summary: (1 } Declazes a person to be guilty of a gross misdemeanor who willfully violates http://www.ibsgwatch.imagedjinn.com/learn/minnesotalaw.htm 2/23/2011 The Law and American Indian burial protections--Minnesota laws Page 6 of 6 §138.33, or willfully defaces, injures, destroys, displaces or removes any object or data belonging to the state, or willfully interferes wiW evidence or work on any state site or other site for which a license has been issued, or willfully violates any other provision of the Minnesota Fiel@ Archeology Act of 1963, or the rules issued by the director of the Minnesota Historical Society. (2) Authorizes the director of the Minnesota Historical Society to suspend or revoke the license of any licensee, or refuse another license, or initially refuse a license to any person who has violated a provision of the Minnesota Field Archeology Act of 1963, whether the violation is willful or not. Authorizes the director also to refuse to name a school or a scientific institution as the custodian of objects or data under any license or agreement whatever, if that school or scientific institurion has failed in its duty to care for aad preserve objects or data belonging to the state or has failed to make such objects or data conveniently available to students of archeology. Pr[mary Topic: Archeological Activities Secondary Topic: o Violation / Penalty / Enforcement Return to State laws ! State Historic Preservation Leg,,islation Database. 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