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2004-05-18 specialPLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA MOUND CITY COUNCIL/ MOUND HRAa~l~!!r TUESDAY, MAY 18, 2004 - 6:30 PM MOUND CITY COUNCIL CHAMBERS Call meeting to order Discussion with representatives of Mound Harbor Renaissance Development regarding proposed dockage at Lost Lake District 3. Adjourn LOST LAKE DISTRICT MHR DOCK & DREDGING REQUIREMENTS CITY COUNCIL PRESENTATION 5118104 Site Development and Tax Increment Financial Considerations o Summary of Site Conditions o Site Development Cost Drivers o Marketing Offsets o Tax Increment Considerations Townhome Docks Duties & Responsibilities of the Townhome Owners Association Dock & License ~equirements Annual License ~signment Procedures Application & Approval Approach · Dredging o Requirements o Application & Approval Approach · Requested City Council Actions · Comments By City Council Staff · City Council Decision and Direction SITE DEVELOPMENT AND TAX INCREMENT FINANCIAL CONSIDERATIONS Summary of Site Conditions o Site consists of environmentally contaminated soils with petroleum, lead, other chemicals, trash, debris and fill, over a peat bed. Site Development Cost Drivers o Environmental- - Location, isolation, and complete removal of all lead on the Maxwell Site. · Removal of contaminated soils for construction of utilities & geopiers (Implementation of the RAP/DRAP Plans). · Continuous on-site monitoring, sampling and testing during the construction process. · Additional testing for final site design. o Geotechnical- · Site excavation is limited to one foot in order not to stress the peat base with additional fill (result is additional design/storm water costs). · All buildings and structures, including sanitary sewer service from the County 15 stubs, on approximately 36" diameter geopiers with 14.5'- 20'+ depths. · All sanitary sewer laterals to buildings will require HDPE or equivalent for maximum flexibility, water lines will also require special design and flexible material criteria. · All landscape/green space areas will require fabric under 2' of dirt for human protection from debris. · All parking lot and roads/driveways will require geotextile fabric to prevent settling. · All buildings will require an installed vapor barrier. · Ali buildings will require a methane gas venting system. · Significant additional testing will be required for final site design and structural load definition. · WHEN COMPLETE, EVERY SQUARE INCH OF THE SlTF WILL HAVE EITHER A VAPOR BARRIER~ GEOTEXTILF FABRIC BARRIER~ ENVIRONMENTAL DEBRIS BARRIER OR A GEOPIER INSTALLED TO SUPPORT THE FINAL SlTF DEVELOPMENT. Offset for Difficult Marketing Considerations o All Townhomes will have deed restrictions, yet to be determined by the MPCA, but that most probably will include trash and debris disclosure, petroleum/lead disclosure and methane gas disclosure as a minimum. o Other site disclosures will include geopier construction, vapor barrier/methane gas venting/geotextile fabric/environmental fabric and adjacent Balboa plume as a minimum. · TAX, INCREMENT CONSIDERATIONS Category Estimated Gross Tax Present Value of Townhome Increment @ 95% Tax Increment @ Revenue ( Land ~.~0/o and Units) 38 Townhomes $13,100,000 $4,300,542 $1,911,901 without docks* 38 Townhomes $20,600,000 $7,133,302 $3,171,243 with docks* Differential with +$7,500,000 +$2,832,760 +$1,259,342 Docks * Current site plan provides for 38 townhome pads. SUMMARY- A dedicated dock license for each townhome is absolutely mandatory for the success of the entire downtown Mound re- development project due to the additional tax increment funds provided and to offset increased site unique development costs necessitating hi_clher Der unit sale prices. TOWNHOME DOCKS DUTIES & RESPONSIBILITIES OF THE TOWNHOME OWNERS ASSOCIATION (THOA) o There will be a Townhome Owners Association (THOA), organized and filed (recorded), with the requirement that all townhome owners are members of the THOA. o The THOA will own the docks and will be responsible for dock maintenance and compliance with all of the City dock operating requirements/ordinances and City inspections. o The THOA will not sub-lease the dock licenses to any outside party (non-THOA member). SPECIFIC DOCK/LICENSE REQUIREMENTS FOR THE TOWNHOMES o Each townhome shall have one dock license, with overnight mooring permitted, (quantity 40, 38 for the townhomes and 2 guest slips); available starting Summer 2005. o Each townhome will be permitted only one boat per dock. o Each dock license will permit boats up to 30' in length with an approximate 11' beam (associated dredging to accommodate these docks is assumed for now). o Canoes/Kayaks and associated storage racks, if built by the Developer, will not count against the number of docks/boats. o Jet Skis/Personal Water Craft are assumed to count as a boat. o The block of licensees will be applied for by the City and established as a separate block within the Common Dock Program, using the Lost Lake lineal footage to support the request ANNUAL LICENSE ASSIGNMENT PROCEDURES o The City will issue the block of licenses to the THOA annually; the THOA will then assign the individual slips annually based on assignment criteria yet to be developed. o The City will authorize the block of licenses for 99 years with an automatic 99 year renewal after that initial period. o Licenses not used by an individual townhome owner for any particular year will be re-allocated within the THOA to other requesting THOA members for that year or the slips will be left vacant and not re- assigned to other non-THOA public users. o During the townhome construction period, MHR will advise the City at the beginning of each license year the number required for that year with the balance of the 40 licenses then available for re-allocation to the public for off-site use. Application & Approval Approach- o 40 docks require 2000 If of shoreline. o Allocate 2000 If of shoreline within the Lost Lake available shoreline. City to apply for the additional docks as an add-on license within the Common DoCks program (same approach as for the other 26 Lost Lake docks recently authorized). Common Docks Program not impacted. DREDGING REQUIREMENTS o 40 docks capable of handling up to 30' boats with an 11' beam requires approximately 1.1 acre of dredging. · Application & Approval Approach- o MCWD Rule E allowable dredging criteria ( 2 of the 5 criteria): · To implement or maintain an existin~ legal ri.~ht of navigational access; · For actions by public entities for public purposes. o Earthtech, under separate contract to MHR, will assist the City as required with application data requirements, dredge material removal plan and mitigation plan. o City to apply for an extension of the dredging previously authorized. · Riparian rights were previously recognized in the approval by MCWD. · Public entity( City of Mound) for public purpose( additional docks for Mound residents and access to Lake Minnetonka, improvement of storm water quality to Lost Lake and Cooks Bay, completion of downtown Mound project to benefit entire surrounding communities, etc.). o ApProvals/applications also required from COE, DNR, and LMCD REQUESTED CITY COUNCIL ACTIONS t) Authorize the City Staff to apply for licenses for 40 additional docks, with overnight mooring, for each of the Lost Lake Townhome owners. 2) Authorize the City Staff to apply for a dredging permit to dredge approximately 1.1 acres from Lost 'Lake, adjacent to the townhome site. COMMENTS BY CITY STAFF CITY COUNCIL DECISION SHORELINE LINEAL FOOTAGE STUDY MAY 12, 2004 AREA Three Points AREA Island #1 AREA Tonkawood SHORELINE LINEAL FOOTAGE STUDY Ln Ft Start Ln Ft End Footage License 3305 3395 90 Dock Program 3477 3495 18 Dock Program 3656 3689 33 Dock Program 3789 3899 110 Dock Program 4127 4434 307 Dock Prog ram 4740 4852 112 Dock Program 5262 5294 32 Dock Program 6195 6226 31 Dock Program 6344 6479 135 Dock Program 6608 6640 32 Dock Program 6805 6838 33 Dock Program 7021 7053 32 Dock Program 7223 7264 41 Dock Program 7598 7843 245 Dock Program 8433 9085 652 Dock Program 10125 10168 43 Dock Program 11304 11324 20 Dock Prog ram 12280 12342 62 Dock Program 13351 13397 46 Dock Program 14628 14692 64 Dock Program 15642 15775 133 Dock Program 16313 18756 2443 Dock Program 19125 19169 44 Dock Program 19227 20605 1378 Dock Program 21544 21619 75 Dock Program 22204 22218 14 Dock Program Total 6225 Dock Program Ln FtStart Ln Ft End Footage License 0 185 165 Dock Program Total 165 Dock Program Ln Ft Start Ln Ft End Footage License 0 151 151 Dock Program 592 1338 746 Dock Program 1910 1954 44 Dock Program 2122 2166 44 Dock Program 2360 4366 2006 Dock Program 4449 4464 15 Dock Program 4822 5011 189 Dock Program 5033 5387 354 Dock Program 5472 5608 136 Dock Program 5721 5895 174 Dock Program 6139 6170 31 Dock Program 6406 6418 12 Dock Program 7243 7256 13 Dock Program 8442 8518 76 Dock Program Total 3991 Dock Program Shoreline Lineal Footage Study 5/12/2004 AREA Shirley Hills AREA North Island Park AREA East Island Park A. AREA East Island Park B. SHORELINE LINEAL FOOTAGE Ln Ft Start Ln Ft End Footage 1643 1683 4O 2251 2438 187 2913 2955 42 3657 3694 37 4889 4987 98 Total 404 Ln Ft Start Lin Ft End Footage 1196 1296 100 2045 2950 905 3338 3885 547 3976 4068 92 4143 4294 151 4479 4519 40 4656 4697 41 4936 5058 122 5326 5361 35 5608 5721 113 5838 5874 36 6011 7526 1515 8252 8350 98 8451 8659 208 8759 8835 76 8937 9635 698 10008 10737 729 10947 11355 408 Total 5914 Ln Ft Start Lin Ft End Footage 3899 4042 143 5503 9270 3767 9396 9547 151 9720 9768 48 9782 11559 1777' 12342 12657 315 12714 14204 1490 14365 14741 376 14837 15170 333 Total 8400 Ln Ft Start Lin Ft End Footage 0 33 33 105 929 824 1244 1377 133 1424 1758 334 1940 2463 '523 Total 1847 STUDY License Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program License Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program License, Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program License Dock Program Dock Program Dock Program Dock Program Dock Program Dock Program Shoreline Lineal Footage Study 5/12/2004 AREA West Island Park AREA Lost Lake AREA The Highlands SHORELINE LINEAL FOOTAGE STUDY Ln Ft S~ 634 1060 1929 2423 3259 4100 Ln Ft Start 1221 3559 4432 6320 8549 9760 10063 10109 10247 10359 10850 Ln Ft Start 0 1679 3126 3864 4938 5989 Lin Ft End Footage License 702 68 Dock Program 1081 21 Dock Program 1945 16 Dock Program 2501 78 Dock Program 3269 10 Dock Program 5755 1655 Dock Program Total 1848 Dock Program AREA Ln Ft Start Island #2 0 Ln Ft End Footage License 1231 10 Dock Program 4432 873 Dock Program 6320 1888 Townhome 7540 1220 Lost Lake 8576 27 Dock Program 9994 234 Lost Lake 10109 46 Lost Lake 10199 90 Dock Program 10359 112 Townhome 10488 129 Dock Program 10973 123 Dock Program 2000 Townhome 1500 Lost Lake 1252 Docks Program Total 4752 AREA Ln Ft Start The Bluffs 3196 4321 Ln Ft End Footage License 632 632 Dock Program 1782 103 Dock Program 3224 98 Dock Program 4052 188 Dock Program 5098 160 Dock Program 7178 1189 Dock Program Total 2370 Dock Program Ln Ft End Footage License 300 300 Dock Program Total 300 Dock Program Ln Ft End Footage License 3263 67 Dock Program 4373 5_~2 Dock Program Total 119 Dock Prog ram Grand Total 32835 2000 1500 36335 Dock Program (29,500 Claimed - 590 BSU's) Townhomes (40 BSU's) Lost Lake (24 BSU's) Shoreline Lineal Footage Study 5/13/2004 LOST LAKE DISTRICT MHR DOCK & DREDGING REQUIREMENTS CITY COUNCIL PRESENTATION 51t 8~04 · Site Development and Tax Increment Financial Considerations o Summary of Site Conditions o Site Development Cost Drivers o Marketing Offsets o Tax Increment Considerations · Townhome Docks o Duties & Responsibilities of the Townhome Owners Association o Dock & License Requirements o Annual License Assignment Procedures o Application & Approval Approach · Dredging o Requirements o Application & Approval Approach · Requested City Council Actions · Comments By City Council Staff · City Council Decision and Direction SITE DEVELOPMENT AND TAX INCREMENT FINANCIAL CONSIDERATIONS Summary of Site Conditions o Site consists of environmentally contaminated soils with petroleum, lead, other chemicals, trash, debris and fill, over a peat bed. Site Development Cost Drivers o Environmental- . Location, isolation, and complete removal of all lead on the Maxwell Site. · Removal of contaminated soils for construction of utilities & geopiers (Implementation of the RAP/DRAP Plans). · Continuous on-site monitoring, sampling and testing during the construction process. · Additional testing for final site design. o Geotechnical- · Site excavation is limited to one foot in order not to stress the peat base with additional fill (result is additional design/storm water costs). · All buildings and structures, including sanitary sewer service from the County 15 stubs, on approximately 36" diameter geopiers with 14.5'- 20'+ depths. · All sanitary sewer laterals to buildings will require HDPE or equivalent for maximum flexibility, water lines will also require special design and flexible material criteria. · All landscape/green space areas will require fabric under 2' of dirt for human protection from debris. · All parking lot and roads/driveways will require geotextile fabric to prevent settling. · All buildings will require an installed vapor barrier. · All buildings will require a methane gas venting system. · Significant additional testing will be required for final site design and structural load definition. · WHEN COMPLETE, EVERY SQUARE INCH OF THE SlTF WILL HAVE EITHER A VAPOR BARRIER~ GEOTEXTIL_F FABRIC BARRIERs. ENVIRONMENTAL DEBRIS BARRIER, OR A GEOPIER INSTALLED TO SUPPORT THE FINAL SlTF DEVELOPMENT. · Offset for Difficult Marketing Considerations o All Townhomes will have deed restrictions, yet to be determined by the MPCA, but that most probably will include trash and debris disclosure, petroleum/lead disclosure and methane gas disclosure as a minimum. o Other site disclosures will include geopier construction, vapor barrier/methane gas venting/geotextile fabric/environmental fabric and adjacent Balboa plume as a minimum. o TAX INCREMENT CONSIDERATIONS 'Category Estimated Gross Tax Present Value of Townhome Increment @ 95% Tax Increment @ Revenue ( Land 6.5% and Units) 38 Townhomes $13,100,000 $4,300,542 $1,911,901 without docks* 38 Townhomes $20,600,000 $7,133,302 $3,171,243 with docks* Differential with +$7,500,000 +$2,832,760 +$1,259,342 Docks * Current site plan )rovides for 38 townhome pads. SUMMARY- A dedicated dock license for each townhome is absolutely mandatory for the success of the entire downtown Mound re- development project due to the additional tax increment funds provided and to offset increased site unique development costs necessitating hiqher per unit sale prices. TOWNHOME DOCKS DUTIES & RESPONSIBILITIES OF THE TOWNHONIE OWNERS ASSOCIATION (THOA) o There will be a Townhome Owners Association (THOA), organized and filed (recorded), with the requirement that all townhome owners are members of the THOA. o The City of Mound will own the docks and the THOA will be responsible for dock maintenance and compliance with all of the City dock operating requirements/ordinances and City inspections under sub-contract with the City; the THOA will own the outlot adjacent to Lost Lake abutting the docks and the City will be provided an easement over the outlot for access. o The THOA will not sub-lease the dock licenses to any outside party (non-THOA member). SPECIFIC DOCK/LICENSE REQUIREMENTS FOR THE TOWNHOMES o Each townhome shall have one dock license, with overnight mooring permitted, (quantity 40, 38 for the townhomes and 2 guest slips); available starting Summer 2005. o Each townhome will be permitted only one boat per dock. o Each dock license will permit boats up to 30' in length with an approximate 11' beam (associated dredging to accommodate these docks is assumed for now). o Canoes/Kayaks and associated storage racks, if built by the Developer, will not count against the number of docks/boats; the storage rack will be constructed on private property. o Jet Skis/Personal Water Craft are assumed to count as a boat. o The block of licensees will be applied for by the City and established as a separate block within the Common Dock Program, using the Lost Lake lineal footage to support the request ANNUAL LICENSE ASSIGNMENT PROCEDURES o The City will issue the block of licenses to the individual townhome owners annually; the THOA will then assign the individual slips annually based on assignment criteria yet to be developed. o The City will provide a very long term commitment for the exclusive use of the docks by the townhome owners, all owners are considered to be abutting (Note: Details of this request are yet to be finalized). o Licenses not used by an individual townhome owner for any particular year will be re-allocated within the THOA to other requesting THO^ members for that year or the slips will be left vacant and not assigned to other non-THOA public users. o During the townhome construction period, MHR will advise the City at the beginning of each license year the number required for that year with the balance of the 40 licenses then available for re-allocation to the :public for off-site use. Application & Approval Approach- o 40 docks require 2000 If of shoreline. o Allocate 2000 If of shoreline within the Lost Lake available shoreline. o City to apply for the additional docks as an add-on license within the Common Docks program (same approach as for the other 24 Lost Lake docks recently authorized). o Common Docks Program not impacted. DREDGING REQUIREMENTS o 40 docks capable of handling up to 30' boats with an 11' beam requires approximately 1.1 acre of dredging( final dredge area requirements to be determined after LMCD review of dock request). Application & Approval Approach- o MCWD Rule E allowable dredging criteria ( 2 of the 5 criteria): · To implement or maintain an existin.q le.qal ri.clht of navigational access; · For actions by public entities for public purposes(an added criteria since the previous application). o Earthtech and Landform, under separate contract to MHR, will assist the City, as required, with application data requirements, dredge material removal plan, mitigation plan, and all other data requirements. o City to apply for an extension of the dredging previously authorized. · Riparian rights were previously recognized in the approval by MCVVD. · Public entity( City of Mound) for public purpose( additional docks for Mound residents and access to Lake Minnetonka, improvement of storm water quality to Lost Lake and Cooks Bay, completion of downtown Mound project to benefit entire surrounding communities, etc.). o ApProvals/applications also required from COE, DNR, and LMCD REQUESTED CITY COUNCIL ACTIONS 1) Authorize the City Staff to contact the LMCD regarding boat dimension limits which will be in effect for the Lost Lake Townhome docks, to determine the sizing of the docks and the dredge area, 2) Authorize the City Staff to apply for licenses from the LMCD for 40 additional docks, with overnight mooring, for each of the Lost Lake Townhome owners and two guest slips, consistent with the dimension data determined in paragraph 1) above. 3) Authorize the City Staff to make the appropriate applications to the various agencies, including the MCWD, for a dredging permit to dredge an area from Lost Lake, adjacent to the townhome site, to support the boat dimensions and boat navigability requirements, determined from paragraph 1) above; applications are to include the required mitigation plans, improved storm water quality from downtown Mound, and other supporting data as may be required. Assumptions for the requested actions above: 1) All costs for the applications, licensing actions, dredging and dock construction will be the responsibility of MHR. 2) New BSU's will be created to support the request for 40 docks. 3) The Common Dock program will not be impacted nor will existing program licensees. 4) The dredge project will be a City Project; the docks will be constructed by MHR and accepted by the City as in a utility acceptance. COMMENTS BY CITY STAFF CITY COUNCIL DECISION