11/09/2010 - City Council SpecialAGENDA
SPECIAL CITY COUNCIL MEETING
TUESDAY, NOVEMBER 9, 2010
5:30 P.M.
CITY COUNCIL CHAMBERS
I. ROLL CALL AND ADOPTION OF AGENDA
D II. VISITORS TO BE HEARD
1, I III. CANVAS BALLOTS - NOVEMBER 2, 2010 MUNICIPAL
ELECTIONS
V• 3 IV. FOLLOW UP ON ASSESSMENT OPTIONS FOR LAKEWOOD
HILLS TRUNK WATER MAIN IMPROVEMENTS
V. OTHER BUSINESS
VI. ADJOURN
Agenda Information Memo
November 9, 2010, Eagan City Council Meeting
III. CANVAS BALLOTS — NOVEMBER 2, 2010 MUNICIPAL ELECTIONS
ACTION TO BE CONSIDERED:
FACTS:
To certify the results of the November 2, 2010 Municipal Election (City of
Eagan Offices).
• Minnesota Statute 205.185 subd. 3 now states that between the third and
tenth days after an election, the governing body of the city shall act as the
canvassing board.
• The previous law stated that the canvassing of ballots must have occurred
within seven days after the election.
ATTACHMENTS:
• Enclosed on page is a copy of the results for the Mayor and City
Council elections broken down by precinct and by election day and
absentee voters. Total ballots cast is the total of election day and
absentee voters.
Note: This same information along with results of other races broken down
in the same manner is included with the Friday, November 5, 2010
Additional Information memo.
1
UN
ii
MI
UN
UN
N
0)
0
O
CO
m
N
0)
N
Zir
M
O)
0
P
r
O
tro
0)
0
N
0
h
0
•
C
N
N
N
N
M
W
N
0)
N
CI
O
CO
N
0
N
0)
N
a
M
0)
0)
N
v
m
r 0
OD
0)
h
Q
0
N
0
N
CO
CO
r
r
LO
(
0)
(
CO
CO
CO
co
co
0
CO
CV
n
0)
0
m
M
•
1-
(0
0)
0)
CI
0)
CI
CO
0
O
Q
Y
N
OD
N
a)
W
a)
0 0
N
m
N n
• N
< 0)
r
ac
CD
0)
0)
O N
0) 0-
C
CO
0) CO
CO CO 01
u ) m
O r
( (0 0
N
N 0)
m
N
v
0
r
cos
N
m
r
03
r
0
r
0
ti o
0
N
m
CO
O
N
0
m
m
O
co
m
0
A
0
N
04
0
N
N
N
0)
04
W
O
CO
O
LO
N
0)
(f)
(
04
N
N
CO
R
0
(
N
N
O
CO
CO
(
N
CI
N
LO
0
N
CO
0
04
CO
m
M
0)
W
3
re
m
r
w
0
I0
0)
co
I0
N
N 04
N
0
0)
N
N
CO
CI
0
N
N
0
OD
N
Oa
N
N
0)
0
co
Vt
r
CV
O
(0
a
N
t-
o
N
M
CD
f+
r-
01
0
LO
0
m
m
(0
(0
C 0 )
0
co
N
))
40
N 04
N
CO
CO
N
LO
LO
CV
0
m
M
a
/0
04
N
0
0
N
N
0
M
N
N
0)
N
(0
co
co
co
N
CO
N
M
0)
3
O
0)
0
co
CO
R
0
M
0)
r
CO
r
cn
0
0
A
V
0)
CO
( 0 0
((0
Co CO
( r—
YS
LO
LO
0
m
CV
0 0) )
CI
Y
co
CO
U)
I — o » H >
4!
N
W
CO
CO
r
O
CO
m
a
N
r
0)
M
0)
0
N
0
CO
CI
0)
0
N
r
0
N
CO
04
0
0)
0
0 0 )
1--
CO
N
0
CO
m
m
0
CO
r
t0
N
0)
N
0)
CO
O
0
0
m
CI
N-
00
OD
r
N
0)
(
0)
0)
N
N
0
0
04
0)
0)
0
r
1--
0
0)
0
M
O
N
r
0)
m
m
N
0)
m
CO O
N
(
r
0)
N
0
0
0
N
O
N
r
r
CO
03
0)
O
I0
N
co
co
0)
0)
CO
0)
O
C
r
M
M
N
N
co
n
0
m
OD
m
m
CD
CO
CO
CD
co
0
N
N
co
m
0
N
0
0)
N
N
N
N
Or
0-
0-
CO
O
LL)
0
N
0)
0
m
O
O
CO
O
O
LO
CD
CI
to
CD
CD
0)
CO
to
cn
LO
CI
CO
OA
co
CI
CO
CI
CO
CD
co
co
co
CO
CO
Special Council Workshop
Agenda Memo
November 9, 2010
IV. LAKEWOOD HILLS TRUNK AREA WATERMAIN ASSESSMENT OPTIONS
DIRECTION TO BE CONSIDERED: Review the response to the Conservation Easement
option and survey results and provide direction for further considerations, if any.
FACTS:
• At the September 4, 2010 Council Workshop, the Council reviewed the current
special assessment policy and its application to the Cliff Rd Trunk Watermain project
( #1033) in response to concerns raised by the affected properties. After input from
several property owners, the Council discussed various options, one of which was the
possibility of modifying the current policy to provide area credits for the dedication
of conservation easements, if there was an interest by the property owners.
• The Council directed staff to calculate what the maximum area could be dedicated as
a conservation easement for each parcel and then solicit feedback from the property
owner to gauge their level of interest.
• A survey was sent to every property owner for each parcel included in the preliminary
assessment role. There are a total of 40 parcels owned by 28 separate property
owners. Each survey solicitation included:
o An aerial photo of their property showing the maximum potential area for
dedication of a conservation easement as well as any ponding easement
opportunities.
o A sample easement dedication document showing what use restrictions are
associated with a conservation easement.
o A typical identification sign post that would be installed on the property, and
o A simple 4 question survey of potential interest.
• Of the 40 parcel notices mailed out to the 30 property owners, only 13 property
owners (43 %) representing 18 parcels replied, with only one expressing an interest in
dedicating a conservation easement (and only for a much smaller area to be
determined so as not to infringe on her potential to subdivide and develop her
property).
Special Council Workshop
Agenda Memo
November 9, 2010
• There are other options that are in the current policy that could be considered for
trunk area assessments on larger platted properties. The fee schedule states that the
2010 rate for trunk area water main oversizing assessments for single family
properties are $2,770 /acre OR $1,325 /platted lot. Project 1033 proposed assessments
at the per acre rate (with ponding credits applied). Of the 40 total parcels to be
assessed, 31 properties are recorded platted lots within one of the following
subdivisions:
o Lakewood Hills (19 lots) o Rockwood's Woods Add (3 lots)
o Lakewood Hills 2 " (2 lots) o Wilderness Retreat (1 lot)
o Acorn Pond Addition (3 lots) o Noreen Addition (3 lots)
and another 9 parcels are unplatted. Some of the platted lots are much larger than the
typical single family platted lot and have the ability to further subdivide. Others are
representative of typical single family property with frontages less than 150'. One of
the tenants of special assessment law requires that all similar property be assessed
similarly; hence the justification of using the area method.
• Also, the Council could consider retroactively applying the same area credits (i.e.
ponding areas without easements) from earlier assessment projects that are no longer
provided for under the current policy.
ATTACHMENTS
•
•
•
Letter with Survey to property owners, pa
Sample Conservation Easement, pages'
Easement boundary sign, page ) 0
• Survey response summary with comments
• Sample aerial property surveys, pages
es S through 1 7
through q .
pages « through
7
though
Page 2 of 2
October 15, 2010
Nor
Re: Proj 1033 - Cliff Rd. Trunk Watermain (Trunk Area Assessments)
- Survey of interest in possible Conservation Easement Credits
Dear
As you may recall from earlier communications and construction activity that is
beginning to occur, the City Council approved Project 1033 on August 2 providing for
the installation of a trunk watermain along Cliff Rd from Lexington Ave to Dodd Rd. As
part of the project, your property is proposed to have a Trunk Area Assessment levied
against it based on a rate of $2,770 /acre over your "net" assessable area. The net
assessable area excludes all public right of way and dedicated ponding easements. Even
though many properties may have ponds or wetlands, only those that are encumbered by
a dedicated ponding/utility easement of record can be excluded from the assessment
calculations.
At the August 2 Public Hearing, several property owners expressed concerns regarding
the proposed special assessments. The City Council acknowledged the property owners
concerns and stated their interest to look further into options regarding special assessment
policies for consideration with the Final Assessment Hearing scheduled for next summer.
As a follow up to that commitment, the Council reviewed and discussed at their
September 14 evening workshop the City's Special Assessment Policy for trunk area
assessments and possible modifications that might be applied.
One option that the Council discussed for possible consideration was to provide all
property owners an opportunity to dedicate and convey a Conservation Easement over
some portion of their property which would then be recognized as an eligible credit
against the area based assessments. They directed staff to calculate the maximum area
that could be incorporated into a conservation easement for each lot (excluding existing
structures and driveways, of course).
A graphic of your property with the various easement areas identified are enclosed with
this letter. Please note that the green shaded area represents a concept of the "maximum"
area that could possibly be dedicated as a Conservation Easement. Reducing this area or
confining it to a certain location/configuration is an option for your consideration. Staff
would be happy to work with you on defining the boundaries and location of any
easement area that you might consider acceptable. Also enclosed is a copy of the typical
sign that would be installed on your property to designate the easement boundaries.
A Conservation Easement is a mechanism that allows a legally described area to be
preserved in its current condition. It restricts certain uses and future improvements to help
maintain its present character. I have also enclosed a standard template of this Easement
document for your information.
In addition to Conservation Easements, if your property incorporates a water body (lake,
pond or wetland) that is part of the City's adopted Storm Drainage Plan but where a
ponding easement has not been dedicated, you also have the opportunity to dedicate a
Ponding & Utility Easement and receive an additional area credit against your
assessments.
The City Council would like to hear back from you regarding your potential interest in
dedicating either a Conservation Easement or a Ponding Utility Easement (if applicable)
in consideration of reducing your assessment obligation.
We have enclosed a survey /comment form along with a self addressed stamped envelope
for your requested response to be postmarked no later than October 29. The results of
all responses will then be forwarded to the City Council for further consideration on how
to respond to your assessment concerns.
Thank you for taking the time to work with us on this matter.
Sincerely,
Thomas A. Colbert, P.E.
Director of Public Works
Enc: Graphic of property and easements
Sample Conservation Easement Form
Easement sign
CONSERVATION EASEMENT
SURVEY RESPONSE
Property Owner name(s):
Property Owner Address:
Property Identification Number (12 digit #): 10-
1. Are you interested in dedicating a Conservation Easement to the City of
Eagan to reduce your assessable area?
YES NO
If YES, how much would you like to dedicate?
The maximum amount
Some smaller amount (please return the sketch with the
approximate area identified)
2. Does your property have a lake, pond or wetland shown on the sketch as a
"Proposed Pond Easement "?
YES NO
If YES, are you interested in dedicating this area as a Ponding and Utility
Easement to the City of Eagan to reduce your assessable area?
YES NO
If you answered YES to either #1 or #2, please fill out the following contact
information for ease in follow up communications.
Contact Information: Telephone
E -Mail
NOTE: This is just a solicitation of interest. The results will be presented to the City Council at their
November 9, 2010 workshop to see if there is interest and /or merit in amending the current Special
Assessment Policy to allow for the dedication of Conservation Easements as a credit against the assessable
area for your Trunk Area Watermain Assessment. If the concept is approved, staff will be in contact with
those who have expressed an interest and will work with them in preparing and executing the appropriate
documents.
Thank you for your cooperation and response.
7
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ( "Agreement ") is made this day of
2010, by , a
(hereinafter collectively referred to as "Landowner "), in favor of the City of Eagan, a municipal
corporation, organized under the laws of the State of Minnesota (hereinafter referred to as the
"City ").
WITNESSETH:
That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant and convey unto the City, its successors and assigns, a permanent conservation
easement for the purpose of preserving and protecting the natural character of the easement area,
over and across all of _(property's legal description)_, situated within Dakota County,
Minnesota, to -wit:
[LEGAL DESCRIPTION OF EASEMENT AREA] (hereinafter the "Easement Area ").
See also Exhibit "A" (graphic of easement area) attached hereto and incorporated herein.
CONSERVATION RESTRICTIONS. Once Landowner has completed the necessary grading
and planting of approved materials within the Easement Area, the Landowner, for itself, and its
successors and assigns, covenants and agrees that it shall not itself perform nor shall it give
permission to any third party to perform any of the following activities within the Easement
Area:
A. Constructing, installing, storing or maintaining anything made by man, including but not
limited to, buildings, structures, fences, walkways, clothes line poles, fire pits, patios and
playground equipment;
B. Parking of vehicles;
C. Planting of gardens, trees, shrubs, bushes or other landscaping vegetation;
D. Storage of firewood; or
E. Clear- cutting or removal of native vegetation or trees;
except the permitted activities listed as items 1, 2, 3 and 4 below.
The Landowner, for itself and its successors and assigns, further covenants and agrees
that the Easement Area shall be continued in its present condition, save and except as may be
required to:
1. Control, manage and eliminate noxious weeds and prohibited invasive species. "Noxious
Weeds," both "primary" and "secondary" as defined, adopted and listed by the Dakota
County Soil and Water Conservation District shall be removed, but only in accordance
with recommended and accepted control methods. Vegetation that is considered to be a
nuisance (e.g., overhanging, damaged or dead limbs or vegetation protruding through
fences), or presents a real or potential hazard to personal property, may be trimmed in
accordance with accepted standards;
2. Allow the City to use and exercise its easement rights to that portion of the Easement
Area that may be encumbered by a drainage and utility easement; or
3. Allow any federal, state or local government agency, other than the Landowner, which
may have jurisdiction over the Easement Area to enforce any rule, ordinance, statute or
regulation.
Landowner, its successors and assigns does covenant with the City, its
successors and assigns, that it is the Landowner of the premises aforesaid and has good right to
grant and convey the Conservation Easement to the City.
IN TESTIMONY WHEREOF, the Landowner has caused this Agreement to be
executed as of the day and year first above written.
STATE OF MINNESOTA)
)ss.
COUNTY OF )
The foregoing was acknowledged before me this day of , 2010, by
, the of
, a
, on behalf of the
APPROVED AS TO FORM:
City Attorney's Office
Dated:
APPROVED AS TO CONTENT:
Public Works Department
Dated:
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432 -3136
(Easement No. )
By:
Its:
9
Notary Public
ED
Conservation
Easement
Protected Environment
No Alterations or
Installations Permitted
City of Eapil
Ink
\I
Comments
Portion to be determined at later time.
This is NO solution. I am not sure my bank
would even allow this. Its the same as selling my
land for $1. Also, why is the pump easement not
already factored in on my assessment?
Does property have a "Proposed Pond
Easement "?
If YES, are you
interested in
dedicating this area
to reduce assessable
area?
S3A
ON
x
x
x
w
r
x
x
x
0
Z
x
x
x
Interested in dedicating a
Conservation Easement to
reduce assessable area?
vi t'
>_ o
4- a" E
— co
x
c
„I mxo
E E
c
x
Contact Information
651 -456 -0600
Pjabraham48@
gmail.com
. 1 • . -I.Is
Pjabraham48@
gmail.com
520 - 378 -2427
cell: 651 - 238 -6055
millicentmay @live.
com
612 - 963 -9807
Mark_Peterson
@Me.com
OId
T00Z000STS0T
, SOT0009Z00T
100260001355
100260001455
9S0T0009Z00T
T00£OOOSTSOT
TOOTOOSZ0T0T
TOOZOOSZ0T0T
T00£OOSZOTOT
TSOT0009ZOOT
L TSOZ0009ZOOT
T00T000STS0T
ES0T0009Z00T
L ESOZ0009ZOOT
PROPERTY AND
OWNER ADDRESS
1031 Cliff Road 1
995 Cliff Road
985 Cliff Road
985 Cliff Road
975 Cliff Road
1027 Cliff Road
965 Cliff Road
955 Cliff Road
925 Cliff Road
1055 Cliff Road
1055 Cliff Road
peo)i SEOT
1007 Cliff Road
1015 Cliff Road
PROPERTY OWNER
James S. & Harriet J. Noreen
Nancy L. Sweet
Jo Ellen Abraham TSTE
Jo Ellen Abraham TSTE
Millicent M. Johnson
Mark & Tonya Peterson
Cortney White
Margaret Lashmett Krypel
Vladislav & Liliya Gokhberg
Frank Q. Nuttall
!Frank Q. & Barbara L.Nuttall
Diane M. & Michael C. Chappuis
'Roger A. & Judith A Urban
Harlan J. & Mary Doebber
H
Z
W
W tn
a
W 0
Z U1
0
Q
W
Z
0
11
Cliff Road Properties
Comments
Letter Attached 1
In my file for 896 Lakewood Hills Rd is a Utility
Easement signed 11/24/86. Is that enough to
save me the $ or do I need to sign another one?
Does property have a "Proposed Pond
Easement "?
If YES, are you
interested in
dedicating this area
to reduce assessable
area?
"A
:weld
X
r ON
X
jUel4
x
x
x
w
x
x
x
x
x
O
z
x
x
X
x
x
x
x
Interested in dedicating a
Conservation Easement to
reduce assessable area?
vi C
>-` o
N E
— 10
ii c
}W. m o
— E E
" m
0
z
X
x
x
X
X
x
X
x
X
X
x
X
651 -454 -7035
651 -454 -6521
651 -454 -6521
TZS9
651 -454 -8859
Boblane.lanesales @g
mail.com
UId
104435012000
104435011000
000TOOSE17170T
104435013000
0001700SEI*OT
00001OSEM'OT
104435014000
104435004100
000SOOS£tbOT
000600S£btOT
104435016000
000900SEM70I
OOSS000£1780T
104435019000
0000ZOS£b7OT
OOLS000£b80T
104435102001
104435101001
000LOOS£tI'OT
104435008100
104435018000
104435015100
104435017000
TOOTOOOSb90T
106450002101
106450002201
PROPERTY AND
OWNER ADDRESS
870 Lakewood Hills Rd
888 Lakewood Hills Rd
865 Lakewood Hills Rd
865 Lakewood Hills Rd
1 885 Lakewood Hills Rd
894 Lakewood Hills Rd
894 Lakewood Hills Rd
1 894 Lakewood Hills Rd
896 Lakewood Hills Rd
896 Lakewood Hills Rd
878 Lakewood Hills Rd
915 Lakewood Hills Rd
935 Lakewood Hills Rd
904 Lakewood Hills Rd
906 Lakewood Hills Rd
906 Lakewood Hills Rd
�10 Lakewood Hills Rd
912 Lakewood Hills Rd
901 Lakewood Hills Rd
901 Lakewood Hills Rd
890 Lakewood Hills Rd
874 Lakewood Hills Rd
882 Lakewood Hills Rd
859 Lakewood Hills Rd
861 Lakewood Hills Rd
861 Lakewood Hills Rd
PROPERTY OWNER
Elizabeth Undis
L sll!M pitolll
'Gustav & Audrey Degler 1
'Gustav & Audrey Degler
Robert Giefer
Russell & Lois Agrimson
'Russell & Lois Agrimson
'Russell & Lois Agrimson
Robert Lane
auel el-ej �8 �ago2i'
Mlcnael Kennon &
Peggy Korsmo- Kennon
'Thomas & Gwen Hanlon
Thomas Stienmueller
yoew9 eo!ssaC 11441
'Keith & Elsie Olsen
uas10 a!s13'9 44!a>1 l
'Donald & Patricia Oehrlein 1
'Phillips Family Trust
'Barbara Thies
'Barbara Thies
'Ronald & Diane Pavlak
1 3odi & Barton Ikens
'William Freeman
'Scott Rockwood
'Jane Rockwood
'Jane Rockwood
October 28th, 2010
Thomas A. Colbert, P.E.
Director of Public Works, City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122 -1897
Dear Mr. Colbert,
Sincerely,
Elizabeth . (Bette) K. Undis
Re: PID 1044350129`EIVED
QCT 2 9 2010
EAGAN
ENGINEERING DEPARTMENT
I would like to thank Mayor Maguire, the City Council and Staff, for the opportunity to express
my concerns and to address the issue of Cliff Road Trunk Watermain Assessment. Specifically,
I wish express my gratitude to Russ Matthys, who attended our Lakewood Hills Homeowners
Association meeting and answered all our questions. '
I have carefully studied the material handed out at the public hearing and the material sent me.
At this time, I am not interested in providing the city with a Conservation Easement for the
following reasons:
a. My lot is one of the smallest in the Lakewood Hills Addition. Part of the private road into
my property would be on the proposed easement area. The main electric box for my all
electric home also sits on the proposed easement, as does part of the drainage field for
my septic system.
b. A cement celtic cross, designed and built by a deceased friend, is on the proposed
assessment area.
c. Over the 37 years I have owned the property, many trees have been lost to oak wilt and
dutch elm disease. I have responsibly removed the diseased trees and planted trees to
replace those lost. Many of the new trees are now mature and shade my home. Since
many of them are close to my home, I need to periodically trim them back to protect the
house. I am slowly removing the buck thorn bushes.
d. I believe the land and trees need to by actively managed to maintain the health of the
area and the conservation restrictions would not allow for this management.
e. Finally, I believe I have been a good steward of this wild area. The deer sleep in my back
yard, wild birds feed at my feeder, wild turkeys daily visit and recently we have seen a
pair of bald eagles flying low over the area.
Though the decision on the special assessment will not be made until next spring, if I had to
make a decision now, I would be inclined to contest the assessment. There is no benefit or
increased value to my property and connecting to this water main would be prohibitive. If there
was a fire, my property is still too far away from the hydrant and water would have to be trucked
in. As stated in the Project 1033 Cliff Rd Trunk Watermain Special Assessment Options, dated
August 1, 2010, "The amount of the special assessment cannot exceed the increase in value to
the property." It also states, "the projects benefit or property owner's obligation can also be
postponed until the time the connection." Please take this into consideration when setting the
assessment.
Legend
miff Conservation Easement Area
Mar 10,941 Sq. Ft.
Parcel 0.44 Acres
Building Pad Area
- 8,357 Sq. Ft.
Lakewood Hills Area
Conservation Easement Illustration
0
870 Lakewood Hills Rd /2 /
io444. 35
50
100
200
Fe
Lakewood Hills Area
Conservation Easement Illustration
0
1015 Cliff Rd
o .1(0 DD JD 5:3
65
130
CLIpp fi3O40
yz Existing D & U Easement
55,054 Sq. Ft.
Conservation Easement Area
74,740 Sq. Ft.
Parcel 3.14 Acres
Building Pad Area
10,310 Sq Ft
rIfff Driveway Area 7,096 Sq. Ft.
1.16M2M17=12131116611Er
260
Feet
Conservation Easement Area
27,229 Sq.Ft.
Parcel 3.97 Acres
Proposed Pond Easement
61,998 Sq.Ft.
Lakewood Hills Area •
Conservation Easement Illustration
104435004100
0 50 100
Lakewood Hills Area
Conservation Easement Illustration
975 Cliff Rd
ooabDOO
260
Feet
/7
Conservation Easement Area
400,937 Sq. Ft.
Parcel 9.94 Acres
Building Pad Area
12,220 Sq. Ft.
Driveway Area 6,806 Sq. Ft.