The URL can be used to link to this page

11/14/1995 - City Council Public Works Committee1 AGENDA Public Works Committee Meeting Tuesday, November 14, 1995 4:00 P.M. Municipal Center 4:00 I. Call To Order/Adopt Agenda 4:05 II. Trapp Point - Review Dedication as Public Right-of-Way 4:20 III. Project 666R, Dodd Road Watermain - Review Final Assessment Roll 5:00 IV. Adjourn IL TRAPP POINT- REVIEW DEDICATION AS PUBLIC RIGHT-OF-WAY ISSUE Mr. Dale Huber, of JBL Companies, has requested the City of Eagan to accept a dedication of public right-of-way for Trapp Point, a cul-de-sac located off Trapp Road in the Eagandale Center Industrial Park. This request was presented to the City Council at their meeting of November 6 and subsequently forwarded to the Public Works Committee for review and recommendation. BACKGROUND In December of 1985,the City Council approved a preliminary subdivision for the Eagandale Office Park 3rd Addition with a condition that the proposed public right-of-way of Trapp Point be removed and replaced with a private street designation. In May, June and November of 1986, the City Council reconsidered the condition and agreed to a public right-of-way dedication with a new condition that the property owners form an association providing for private maintenance of this proposed public right-of-way. Due to the developer's objection to the private maintenance agreement on public right- of-way, Trapp Point was subsequently built as a private street. With this recent request,the current City Council requested staff to investigate whether Trapp Point was built to City standards. A report prepared by the Superintendent of Streets/Equipment addressing both the structural and operational maintenance issues associated with this street will be distributed at the meeting. DISCUSSION/RECOMMENDATION ! t I- N4 0 .... .. : i.. _ ,,.. .; ____ 1! . II i... :t , , , ., , , . :. , :.. T : I ; gt. (4. 2 Ir. 1 '. NI 11 I Ws 4.>V.::,, • CC • . ...•• I\ 7 \ %."< .. ...------- : i :ri .,..............._." \sit,.;....,(,,.1.1;...e.:.....:.., 0 iJ, ‘r0(5f' ' N •_.-._ _ _ , _ • AP I 1,j3 \ kkis...\.. 1; \\,,,,..‘,... ...../.1.i..' \\..\.oer.- • , 077 . ....," ./ II ., \ 10- ,,...-Win,\ „,1:.- r . ' , ,:. ii . ,,••.................. ,..: .: , 4,_ ....,-...,-,-----------,-. .\\ :... . . ,......„..... cz>.<'• \\ % ‘ t „.,...,–, . ., iii 7 t , / / 1 _ _. - 'r.,. . I # . --1E'.1:E=D----A -1 L(1)6 ■ • 11 04 if t ii: ,. -\\I le I/:_ ;-tii _... _ — — 1— — i, .11 illi gito crh r '‘" ___:;-...z...._—11, ,--_—_,...,...„ . 1 ell V." ..... be , . ,,tliv --) ,...„-r- 4, ., r-N"\-------( be... ing '.7. - +mums•••••••■.........................,„ L. • I ' 1l I I- �� 1.00 HEIGHTS 111, /J 1250 Awl p,,, N 7 2g .„, �p7 TRAPP ROAD !OST SPUR W3 'Mill COUNTRY cA o ' ,. R ,no CL N & p CORPORATE d AN .9 TRtAtO ROAD' .A 6 $ ORPORAT Q? ■ Fr z x CENTER CuR �rV r AVALON E. 70 Q� - i 71V•W AV O ____ ___ __- HV• W AV . <cy R,0 KENNETH ST.r *-7;1 a HIGHVIEW A b rQ v PARK 1 , )8 0 NTRY re BEATRICE ST. 0 USOU RIDGE Off' _ c,` A: .i McKEE ST. PARI V WE&F KEEFE ST. r i. 1 ,�,RD/ �'y�. ' SERVICE > ( i ^mil. �',.A. i RAIN(• ',its ` v ,J.S. iicIF co. D. 26 y I Q Y P1LOT� I . c\��!fPfl o • �, KNOB \ P Ee ARK W 1 , u o CiuBVIEw DR n S u R RD. Ta OWERVIE RD. Pi. JTOWERV W RD. �P� i cc *LARRY ),. 1,e 2 #‘91 Wu Af ") GE MINA RD. OQNS N- _95 _- x L— A1RD PARK 4,.., I 1 o yTE iv I I" < 'r-Y II I ,m SITE city of eagan approved: standard ID ,-�� PUBLIC LOCATION MAP plate # : TRAPP POINT " I - ( DEPARTMENT „r7G1R . • RECEIVED OCT 2 6 1995 • JBL Companies 1380 Corporate Center Curve — Eagan, Minnesota 55121 Commercial Real Estate Services, Inc. Phone (612) 686-0212 Fax (612) 686-6113 October 23, 1995 Mr. Tom Colbert Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Eagandale Office Park, 3rd Addition Trapp Point Road Dear Tom: We recently worked on the sale of Lot 2, Block 1, Eagandale Office Park, 3rd Addition. In the process I discovered that "Trapp Point", a cul de sac off Trapp Road, is a private road. We would like to grant, by easement, this road to the City of Eagan. Tom, would you advise if this is acceptable and what you need to complete the transfer. Thank you. Yours truly, "OW iae . 'u,er Consultant cc: Peggy Reichert c:\wp60\1023.004 MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: ARNIE ERHART, SUPERINTENDENT OF STREETS AND EQUIPMENT DATE: NOVEMBER 13, 1995 SUBJECT: INSPECTION AND REVIEW OF TRAPP POINT During the week of November 6, 1995 we inspected the private road of Trapp Point to determine the impact and consequences of accepting it as a public street. The following is a synopsis of our investigation. STRUCTURAL Trapp Point was privately constructed in 1987. On November 7, 1995 we surveyed the street and quantified the amount and severity of distresses in the asphalt pavement section. This data was entered into our Pavement Management Program and a PCI of 63 was calculated. On a range of 0 to 100, this section of roadway is in good condition with very few and low severity distresses, except for the surface condition of ravelling. This indicates that either the asphalt binder has hardened appreciably, or that a poor quality mixture is present because the fine aggregates are worn away leaving the exposed large aggregates. We also observed that the cracks had been sealed with a rubberized crack filler. The surface has been sealed with what looks like a fog seal or coal tar application. The concrete curb and gutter is B-618 and meets our standards. The drainage is divided with the straight portion or throat of the street draining towards Trapp Road and the culdesac area draining into the parking lot to the west. On November 9, 1995 Braun Intertec drilled two core samples to check the section of pavement, base, and subgrade. The results show a bituminous thickness of 31/2 to 3'/8 inches, an aggregate • base of 6 to 7 inches, and the subgrade consisting of silty sand soil. This is similar to a 7-ton design street (See Exhibit A) Conclusion The core samples indicate a 7-ton design (See Exhibit B) which is used on our residential streets. If heavy truck traffic is anticipated this street should have an overlay to bring it up to a 9 or 10 design similar to the adjacent public streets. We may have to determine what type of material was applied as a surface coating. If it is a coal tar base it would not be a good candidate for our normal sealcoat process. This may be of concern in future years and we may anticipate an early overlay in the life cycle of the street. This surface coating also seems to be covering a pavement with many of the large aggregates appearing on the surface. Further investigation will have to be completed to ensure proper drainage easements. OPERATIONAL From an operational standpoint the roadway is 36 feet wide with a 47 feet radius in the eccentric culdesac area. This area is plowed with a tandem dump truck with plow and wing and a 1-ton truck to clean out the culdesac. This culdesac would be similar to Center Court and Eagandale Court which are both cleared entirely of snow for semi truck traffic and maneuverability. (See Exhibit C) Conclusion It is feasible for the City to maintain this section of roadway. The level of service would be similar to other culdesacs and would not be completed or entirely cleaned out until its progression on the culdesac route. This may create a problem if this street has truck or semi-truck traffic. BOULEVARD AND RIGHT OF WAY There are seven white or pin oak trees in the boulevard area. They have a diameter of 4" to 6" and all are 7 feet behind the back of curb. There are also shrubs on both sides of Trapp Point at the intersection of Trapp Road. They are 10 feet from the back of curb but do obscure the vision when approaching the intersection. Presently there are two private street lights on Trapp Point which are probably powered from an existing building. They are located only 2 feet behind the curb, and are steel poles approximately 18 foot in height with 150 watt shoebox style lamps and no mast arms. (See Exhibit D) Conclusion I have discussed the transplanting of the trees with Gregg Hove, Supervisor of Forestry, and he thinks these trees could be transplanted to give us a 10 feet clear zone for snow storage and winging back of snow. The 2 private street lights should be replaced with 250 watt high pressure sodium, mast arm type. I have consulted with Ed Kirscht (Senior Engineering Technician), and he estimated that NSP could install these lights at an approximate cost of $5,000 to $7,500. The power would be supplied by N.S.P. and they would provide the maintenance. RECOMMENDATION If the City agrees to accept Trapp Point as a public street, I would recommend a mill and overlay to bring it up to a 10-ton design, the transplanting of the boulevard trees to maintain a 10 foot clear zone behind the curb, and the replacement of the private street lights with standard city street lights at the proper distance behind the curb to minimize our future maintenance costs. Appropriate drainage easements will have to be obtained for drainage of the culdesac area on to private land. Arnie Erhart Superintendent of Streets and Equipment AE/nab Attachments i:\20b\colbert.317 612 431 3084 ,NOV 10 '95 11 03 BRAUN INTERTEC P.2 BRAUN' Braun intertec Corporation 6930 West 146th Sheet,Suite 131 IN T E R T E C Apple Valley,Minnesota 551248520 612-4314493 Fax:431.3084 Engineers and Scientists Serving EXHIBIT A the Built and Natural Environments November 10, 1995 Project BODX-95-313 Mr. Dale Huber Northwestern Mutual 1380 Corporate Center Drive Eagan, MN 55121 Dear Mr. Huber: Re: Bituminous Coring, Trapp Point Road, Eagan, Minnesota As authorized on November 7, 1995, bituminous cores were take along Trapp Point Road. The purpose of the cores was to determine the bituminous thickness, aggregate base thickness and type of subgrade. Two 6-inch cores were extracted at the locations chosen by Mr. Arnie Erhart with the City of Eagan. A hand auger probe was used to determine the aggregate base thickness and subgrade type. Below is a tabulation of the results. s., — wiwr Bituminous Aggregate Base Core Thickness Thickness Subgrade Number Location (inches) (inches) Soil Type l 50'N of Trapp Road 3 7/8 6 to 7 Silty Sand (crushed limestone) 2 Cul-de-Sac, Trapp Point Road 3 112 6 to 7 Silty Sand (crushed Limestone) It has been a pleasure being of service to you on this project. if you have any questions, please call Jim Samuelson at (612) 431-4493, Sincerely, 'James M. Samuels° Office Manager e: Mr. Arnie Erhart; City of Eagan Jms:paet95313 ltr EXHIBIT B • 3i ja oil rat p9 14` min 25 Min. '�----. Slope I/4" per Foot Concrete Curb & Gutter , -6" Crowe MIN. •.0 • FT c •Pr �_ _;,,'<'r'•�7�• - -�;'_.SS: '�i7ra_�i?A:?5,:=!_ :'4"1 Lc: �^._ r .. Min. 3"C1assZ 100% Crushed 1 " Bituminous Wear Course , Mn Dot 2331 Mod. TYPE 41 aarairm 2" numinous Base Course , Mn Dot 2331 , TYPE 31 • 4 • • • , • a 8" C 1 ass Y 100% Crushed Quarry ..•- Rock Base. Mn Dot 3138-1 , OR RECYCLED CONC. 6"Min.- Scarify PRODUCTS THAT MEET Compaq THE REQUIRED SPECS. Sub- Grade (A-8 Soil)- Incidental Item. NOTE: Tack Coat shall be_ placed between bituminous lifts. Also, the face of the concrete gutter shall be tacked prior to each bituminous lift. NOTE: The street shall be cleaned prior to placing the tack coat. NOTE: Subgrade soil classification may require increase in aggregate base section. ity of eagan REVISED standard • PUBLIC MINIMUM STREET SECTION plate 4 : WORKS 1 — 95 690 DEPARTMENT 28 F 7 TON DESIGN EXHIBIT C - 4o- sJ, 16.1 4 , 301_ 30' _- A } P I I I o Vo M a CJ" oi . y I I 25 2254;I. 4I' '• 1. NOTES: 39, ALL RADIUS MEASURE- • �32�F-F� MENTS TAKEN FROM FACE OF CURB. .4,-281F-F-p», I § o 1� o 3 16 14 1 O Cc 1 IZ O CCL . 60'MIN. >. - —50' MIN.--> • . 20'R 20'R - . , 25` RESIDENTIAL ADT 300- 1000 RESIDENTIAL ADT UNDER 300 City of eagan TYPICAL ECCENTRIC REVISED standard plate #: . PUBLIC CUL— DE - SAC FOR A :" WORKS 50' R/W & 60' R/W 3 -53 580 = DEPARTMENT EXHIBIT D • "SHOE BOX"DESIGN 6 itt _ "COBRA Mee QESiGNt N16"HOLES 61.APART CENTERED ON WIRE EXIT MOLE 2"DIA.WIRE FXIT HOLE ISO.OPPOSED FROM THE HA'NCNOLE LOCATED 9' FROM T1€ POLE TOP • 25s • 242~X 5" HANOHOLE 90• FROM WIRE ENTRY HOLE . I T 10 AMP FUSE PROTECTION 4 I j (GR0. DLEVE!. l "Tr -===.-s'2»DIA.GRONMtE ED WIRE ENTRY HOLES •• S' I 180• OPPOSED - rip NORTHERN STATES POWER r _ city of eagan REVISED standard PUBLIC MAJOR INTERSECTION OR p4ate #: WORKS CONTINOUS STREET LK HT1 NG 2 - 710 2 ---41te DE PARTMENT IIL PROJECT 666R, DODD ROAD WATERMAIN- REVIEW FINAL ASSMT ROLL ISSUE At the October 17, 1995, public final assessment hearing for the above-referenced project, Mr. Doug Johnson, representing several property owners along Dodd Road, submitted a written petition objecting to the proposed assessments. The City Council closed the public hearing but directed the Public Works Committee to review the objections and proposed final assessment roll and provide recommendations back to the City Council taking into consideration the recent special assessment appeal and court determination for the similar Dodd Road watermain installed to the north under Project 635 in 1993. BACKGROUND Project 666R provided for the extension of an 8" subtrunk watermain south along Dodd Road to serve the proposed Waterview Addition. This project was approved on July 19, 1994, and constructed under Contract 94-11 during the Fall of 1994 and the Spring of 1995. Attached is a copy of the proposed final assessment roll showing the assessment obligation of each property having frontage on Dodd Road. Also enclosed is a summary information sheet regarding this project, its costs and possible assessment options for consideration. Also enclosed is a copy of a memo provided to the City Council on February 21, 1995, summarizing the costs, assessments, and court determination from the previous Dodd Road watermain installed under Project 635. Also enclosed is a letter notifying the property owners of the Public Works Committee's discussion regarding this item. DISCUSSION/RECOMMENDATION 07-Sep-95 PROJ NAME WATERVIEW ADDITION PROJ NUM P666R SA NAME WLTK666R F LAT BEN WATER TRK SA NAME WLTK666R SA# 2691 YEARS 15 SF 16.500 / F.F. INT RATE .07 MF 0.000 / F.F. MOS 1ST YR INT 14 CI 0.000 / F.F. YEAR 1995 WC 0.000 / F.F. ASSESSMENT REC PROPERTY GROSS NET UNITS PRO-RATA RATE AMOUNT NMBR IDENT# CL UNITS CREDITS SUBTOTAL FA ASS'BLE SHARE 1 10-03600-010-51SF 300.84 -236.84 64 1 64 1 16.500 1056.00 2 10-03600-020-28SF 313.86 0 313.86 1 313.86 1 16.500 5178.69 3 10-03600-030-28SF 169.98 0 169.98 1 169.98 1 16.500 2804.67 4 10-03600-031-275F 49.95 0 49.95 1 49.95 1 16.500 824.18 5 10-03600-040-27SF 252.76 0 252.76 1 252.76 1 16.500 4170.54 "` 6 10-03600-040-28SF 169.74 0 169.74 1 169.74 1 16.500 2800.71 7 10-03600-050-27SF 99.79 0 99.79 1 99.79 1 16.500 1646.54 8 10-03600-050-28SF 281.93 0 281.93 1 281.93 1 16.500 4651.85 9 10-03600-060-27SF 129.01 0 129.01 1 129.01 1 16.500 2128.67 ( , \ •r -- - - - ; CO ' S' -'r \ ( `\`0\,1 k1 \ '- Iii)I � -. \�•\`,\ 1 I ' / \ 4-, J � /0 12 ►: 111 I I I- 1 1/,I L 9y \'CJ l • ■ \\t_/ ii/ )--N, / 4,) /, i i \ , I \ 1 / \ \\ -----"-- h - l! ( \.-) r S- --Lr . { 1 \ \ 0\,.-28/ — 4 _ ,71) \ \ ,..... ,,,,-, ,/ \\,jam '\ , ___, ,-y _ l -_ .,„ - . 1, -/ r �. ) ii l , / ) } , i I r. i - - , i i• • , , -,_ ,f / - - - / t i -17_=--7-- 'y -,,,„-„ ( . ( , ( , k () c — --g--0 020-28 N \ ,s-- / , ..., --' k N \ / • , , -- \ , ezi-t.... - -.4_ /19J 0110111-`,-,,o,,:\. 110.--- 1-,./ ej. /+ Q�+ y f y I I I / + ,\ ,,r 1- r \--,�-r--=\ '! I �..t• 1 G f ^~-� ' . , I \\ ).< \ l 4d t 1>' ' . . , , '',-\ \ I Y, \�\ \' - \'� r I I - =_ _ ; - l -. ..,. .0 -SLY �'` -�,� � 3 \ f- -� _�� . . ., ,/,\< i) - \ 11 t 0.63 G± r \\N- \ N ( `\` '--C..ii /'^ c.. \-7):\"\ / �I Ir 1 -)1/4 1\\k\1 ` 1 \ + ) 1 ' 1 ii i i 1 ,( % A .' 4.__ /// // _ I,L N -_S//r c 2 I 1/11 1%J//�. _,iiirACA \ \ I ( l I - , \\\ \ I (,\�� - (� I�,� /� - II I ,. < l / \::,,,-__„,_: , \ � � / /v / 1 I l \ \ \ \ \ ill / I I I I 11 -�, N \\ -4 / _ l I \ \ / f `_ J/ %_ �920•� s Y.I-I\\ \ \ 0 , // 1/ I ) I\ / �T-=' _ ( ``�A', `r \/ //, - .4\ (-,,- ; /v 1 If 74lik ,*/' ,' /, -& - - 1 t:*_-1,, 'la\ ' - - - ---Z s \ k))/ 4 __ if / ,/,',,,,,/41v4, , \ \\ \Durk ct , •.), ii„N,1101- I \ \ \-1:, -----------.„*," " 1111/ i- / III , ; / s 41410 \ \\ \ I I I�IIII ,/I/ 1( ( ; PROJECT 666R WATERVIEW ADDITION DODD ROAD WATERMAIN IMPROVEMENT • 1030 lineal feet of 8" watermain with 2 hydrants from Lakeview Trail Addition to Waterview Addition COST(Dodd Road) • $88,786.30 as constructed under Contract#94-11 ASSESSMENTS (Dodd Road) As proposed under Project #666R • $31,470.53 Lateral Benefit from Trunk Watermain($16.50/front foot) • Trunk Area Assessments ($1,740/Ac.) deferred until connection 24.5 Acres (after Credits)_ $38,350 CITY FINANCED (Dodd Road) • $57,315.77 (64.6%) ASSESSMENT OPTIONS 1. Assess all parcels as proposed in Final Assessment Roll 2. Postpone 50%until connection or sale (at future rates.) 3. Postpone 50%until connection or sale(at today's rates.) 4. Postpone 50%until connection or sale at % interest. 5. Assess all parcels 50% of proposed roll ($8.25/fl) and record as payment in full with no future obligation for lateral benefit from trunk watermain. City's participation increases by $15,735.27 to $73,051.04 (82.30%) 6. Assess all parcels the calculated average front foot rate $3.50/ff resulting from assessment appeals for Dodd Road Watermain under Project 635 in 1994. This is 21.2% of proposed ($16.50). City's participation increases by $26,706.89 to $84,022.66 (94.6%) • MEMO of_city o eaga n TO: MAYOR & CITY COUNCIL THOMAS L HEDGES, CITY ADMINISTRATOR FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 21, 1995 SUBJECT: PROJECT 635, S. DODD ROAD WATERMAIN ASSMT APPEAL SUMMATION Recently, members of the City Council requested an analysis of the final outcome of the special assessment appeal associated with the above-referenced public improvement. The following is an economic summary of that portion of the project that pertains to the assessment appeal process. ASSESSMENTS PROPOSED/APPROVED Property Owner A.,moss; City Assessment `District Court Address/P!D # r`�+} f ./F:#) Determination Weierke Trenching/Exc. $1,020.00 $500.00 660 Cliff Road (W. Parcel) g� • 10-03600-028-25 9 S lre* Weierke Trenching/Exc. $3,720.00 $500.00 660 Cliff Road (E. Parcel) 10-03600-030-25 ,r/ 42-1/4F Johnson $2,508.00 $1,550.00 4625 Dodd Road 10-03600-027-25 g 7 —/F/= Kuhlmeyer/Shelerud $4,824.00 $1,250.00 4635 Dodd Road 10-03600-010-26 /3 II lFF Forsman $3,120.00 $500.00 4640 Dodd Road n 10-03600-040-25 t/ ,f�. ASSESSMENT PROPOSED/APPROVED (Cont'd.) i�co a Owner miiiPOyAsAessrpep, District Court R Address�PlD;# �r�*t�� _ _ Determination Tessmer $6,216.00 $1,500.00 4650 Dodd Road 5./8 `14 91/fF 10-03600-050-25 Rosa $3,696.00 $900.00 4665 Dodd Road 10-03600-020-26 ga 9-7/fir Weierke, Stuart $2,244.00 $1,000.00 4675 Dodd Road y► _ 3r 10-03600-030-26 S /FF Buchan $2,155.00 $900.00 4695 Dodd Road 10-03600-012-28 if et Hawkins/Tweeten $1,777.00 $500.00 4711 Dodd Road 10-03600-011-28 s'3 3��F� TOTAL a, tool $31,280.00 4'3�VfF $9,100.00 PROPERTY OWNER REIMBURSEMENT BY COURT ORDER Item Amount Appraisal Cost $4,812.00 Photo Copying $300.00 Statutory $200.00 Miscellaneous $208.00 TOTAL $5,520.00 2 COSTS INCURRED BY CITY Item Amount Appraisal $13,350.00 Legal Fees $7,330.00 TOTAL $20,680.00 CONSTRUCTION/IMPROVEMENT COST SUMMARY Approximately 1,700 feet of 8" watermain was installed from Cliff Road to south of McFadden trail within the Lakeview Trail Addition. The improvement cost of this 8" watermain equalled $69,189. An equivalent cost of a 6" watermain would have been approximately $45,700. The City proposed to assess $31,280 for lateral benefit from this 8" subtrunk watermain. Approximately $38,350 of trunk area watermain assessments were not included in the original feasibility report/proposal. TOTAL EXPENDITURES • Construction Costs $69,189 • Court-Ordered Reimbursement $5,520 • City's Defense of Appeal $20,680 TOTAL $95,389 REVENUE • Court-Ordered Assessment $9,100 If any additional information or analysis is desired, please let me know and I'll be happy to provide the information. fi- -� cc: Gene VanOverbeke, Director of Finance Direct r of Public Works Mike Foertsch, Assistant City Engineer Jim Sheldon, City Attorney TAC/jj Attachment: Map 3 i 1 - _ _ _ -t - ..- - - 1 i 1 - - --- 1 U 1 1 - \� \ -' _ v� , \- 1_- - - i •Il--_ -- _ •- ..r1usii1 \', ,• 'l- Ii ` ■ \ -- r--. 1 \I ,\I\I \ i \ \ ' 1 1 A 1111 I i�' 1 \ \_ - ��''-'; __—_I �I I II\\ 11 Q J I\) ' \/ ■\ -c 11'\CI\' ` _ ----p4u ._,---� \\ \\, . Rw \ � > 1'' \I �1 - .t 11 / �I _ A.vl•� \ \ 1 , fLKE; I I; ill r V'•�\1 `'` \1c '. • 1 1- -\ I1 1111 E --',, _ _ ,,--1 �• -----r" - \ VII • ; - t . I I\ � 1� ` 1��011 \ \\ fir`\ t i / '_ 1 I 13 \ 1 SUB SIAIRUN ,'1 "Vi\ t \ \\ \\` ` ► 1 1 \ \ \ I \ \ ' / ,-1 .� I 1 1 I .■ 1—I I .. I. �s ..•• 13∎32._<.. ',„ -;;;;07--.'"'� I \ /\- �..'-✓:-",� / > —.- , _ i I 1 / ■ r _. 11\ \\ / ,/. \ `— I -.::4 `,__„_.v._..., loo--�`^-...j�".--\'-. ..,.r1_ \ \ t i—.a—�3 \ ;' -.A (,I_`>„'1 _' \\\ J....,/,/ \ � A\�. ; y o \ \ IA ' \ �� \ l i ` \1 \ t v -\ 1\I1 St \ \\ ' _1,�„r�.._•„- - _; \ I 1 -- - A10', ‘ I ipi 1 ,, . ,, , , ,,--;. - isi4P'') I I\ ... ,,\, ‘i 0 , 4, it,c,\, , \ , ,.4 ,,, ,...... " , to , , ," , , 4„.\) _ .' n-_ _▪--_,• -; . -‘N 1\ '''''..--s-:...'s / 1 \ \ - ---_— / ‘, }� \ \ _,.4soi \I 1 t l-� /ice t \ ,- — ; -\. ,' �', \ t 'lit` I\ I / / , 1 \1 j� s �►� , / x/�, >,, f '1111 j> I' / ,/ ,'' ,/ lit 1 1 I 1 : ,y/5.0 // /' .2,y ,�,� ,< / /� o III \ 1 i 1 1 / // � ' / ■ _ / / / / / / 1 // / ,O-/, � / 1 l �- \ 1 1 0 / 11 1 , / < //// .,• / /..i• �� , �51x ___-=-- I i 1 a \__ 1 / .il ., ; It / / , / , .-, / \ \\ V ) 11 ( -- -/ S/ I t ` ■ / �, , / // < / -\ 1 1 I , }1 .1 6D I i , /�' //,/ / / , / / ,/' \ ■ I I 1 11 111 A- f t:-/ i} \, \ i - / - ,�' .-' � ,, // -<,/ / / ,I < / I ( 1 ' it 11� -------- ---��-J--'j' \\ .'� /' ,' _/ / / / / / / 1 Iv, / \ \ i / �,;_.�:� 1. / / II .1 ) 1 y / ' ..„...e.---e....'/ %-\.t\_,.,4.- ,�'L:I-' t- / / , -I 1``/ i /` I L • r \ �► \....._ It..,- -/S� ' ��1�Rj 1 \ \•1/ 1,1 'ig ,,, / /� - \ ,/� '1-,�'J,..,.�' II 1 �1. ,�lij Il'/ o \II` 1 \\\ \ g1/4. \ \ \ \ Il III I !l • / 1 1 / / / / 1 11 1 % ' j ♦ �. \� '. \\ J (( I i1 I, 11 I',�I' /,/// , ■ I '< t\ 1 1 VVV��` tr, I 1 _ ■\ \ \\ <s. 11 II ^�'i �i \\ 1 I /� 1 11=_= --` ` '��CO\4 - iI\ j / —\e• \\` \\ II I• 1 1 1 I '� \ t 1=�T 11, , I / Os \ \ - 1 ( 1 1 1 , \ I ■I I j l* I III/ 1 \ \ \ \ 1 1 _ - I 1 1 1 V5 4� ; I (i ti� . 1'1 t I ■ \ \ \ \ 1 b 1 1 W Ir I \ \ \ \ \ 1 .i\ � 1 / \ \ I I / 1V � A ,"\ \�, i I )- / ii.V fil NI ;.�. _ ..- `��` \J S \ , / / I' 'I ;! I 4. ODC)---'l�'--- _�`l1\ �/ /�J ��/ -1�'T� I II 1 ill I \\ I city of acigcun THOMAS EGAN Mayor PATRICIA AWADA November 7, 1995 SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E.J. VAN OVERBEKE Re: Project 666R, South Dodd Road Watermain City Clerk Special Assessment Objection Dear Property Owner: On October 17, the City Council held a public hearing to consider the adoption of final assessments associated with the installation of a water main along Dodd Road to service the Waterview Addition. At that meeting, Mr. Doug Johnson, representing several property owners, submitted a written objection to the proposed assessments and requested the City Council to consider reducing the assessments. At that meeting, the City Council closed the public hearing but did not adopt the final assessment roll. They forwarded the objections and concerns to the Public Works Committee for their review and recommendations to be reconsidered by the City Council at a later date. This letter is to inform you that the Public Works Committee, consisting of Councilmember Ted Wachter as Chair and Councilmember Shawn Hunter, will be reviewing this issue at 4:00 p.m., Tuesday, November 141 in the new Community Room (old Council Chambers) of the newly remodeled Municipal Center located at the intersection of Wescott Road and Pilot Knob Road. (Please use the east entrance- library side.) This Public Works Committee meeting is not a new public hearing and usually does not have time allocated for public input. Rather, it is an opportunity for the Committee to review the details associated with the project and the objections. The time allocated for this discussion is approximately 40 minutes. This letter is to inform you of the Committee's meeting to discuss these proposed assessments as directed by the City Council. Another notice will be sent to your attention informing you when the Committee's recommendation will be considered by the full Council. If you would like to review the MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN,MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 FAX:(612)681-4612 Equal Opportunity/Affirmative Action Employer FAX:(612)681-4360 TDD:(612)454-8535 TDD:(612)454-8535 Page 2 information being provided to the Public Works Committee, copies of the agenda will be available on Monday,November 13, at either the Municipal Center or the Central Maintenance Facility located at the corner of Yankee Doodle Road and Coachman Road(approximately 1/2 mile west of Pilot Knob Road). Sincerely, // /-49;;04 `x ' • Thomas A. Colbert, P.E. Director of Public Works TAC/ij CLARENCE FITZ KENNETH REINKE CLARENCE REINKE 4785 ROBT TR S 4730 DODD RD 4732 DODD RD ST PAUL MN 55123 EAGAN MN 55123 EAGAN MN 55123 MICHAEL HAYS DAVID MCALPIN DOUGLAS HOPPE 4760 DODD RD 4745 DODD ROAD 4755 DODD ROAD EAGAN MN 55123 EAGAN MN 55123 EAGAN MN 55123 DOUGLAS JOHNSON CHARLES MORGAN THOMAS BLISSENBACK 4775 DODD ROAD 4785 DODD RD 4795 DODD ROAD EAGAN MN 55123 EAGAN MN 55123 EAGAN MN 55123 612 432 3780 SENT, BY: 11- 9-93 :10:49AM ; SEVERSON SHELDON--. 612 681 4300;# 2/11 MEMORANDUM TO: Council Member Shawn Hunter, Public Works Committee Council Member Ted Wachter, Public Works Committee Tom Colbert, Director of Public Works FROM: Jim Sheldon, Eagan City Attorney DATE: November 9, 1995 RE: Project 666 R - Water Assessments Gentlemen: For reference, I am enclosing a photocopy of the trial Court's Order in the Dale F. Tessmer, et al vs. City of Eagan matter The case involved City Project No. 635 which included installation of an 8-inch trunk water main in Dodd Boulevard from Cliff Road south to Lakeview Trail Addition. On page 4 of the findings, you will see the table of the City's assessment for the various properties at $12.00 per front foot. In the paragraph following the table is the essence of the Court's findings: "The evidence shows that the distance between the residential structure and the water main directly affects the total cost to hook up to the water main, and the total hook up cost directly affects the amount of the benefit." As depicted in the table on page 5, the Judge found water lateral benefit in amounts that roughly approximated the assessment less hook-up costs. Given the prior history on this matter, the likelihood of the Court reaching a similar result on the next southerly stretch of road seems probable. The City's options include the following. 1_ Assess the property as proposed and wait and see if there is an assessment appeal. 2. Assess on the basis of the past opinion by the Judge_ 3. Not assess and collect from the property when it connects to the water line at the then-current connection fee. 4 Require connections by ordinance when water is available. 5. Some combination of numbers 2-4 above. If you have any questions, please feel free to contact us. JFS:cld 612 432 3780 SENTBY- 11- 9-95 ;10:49AM ; SEVERSON SHELDON 612 681 4300;# 3/11 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT FILE NO. C5-93-10032 Dale F. Tessmer and Dorothy A. Tessmer, Stuart R. Weierke and Mary Jane Weierke, Richard J. Buchan and Ethel Buchan, Roger Weierke and Stuart R. Weierke, d/b/a Weierke Trenching and ORDER Excavating, Ronald D. Johnson and Patricia J. Johnson, William J. Kuhlmeyer and Janet Kuhlmeyer, David T Forsman and Sanra L. Forsman, Ronald L. Rosa and Donna M. Rosa, Robert J. Hawkins and Diane S . Hawkins, Petitioners, vs. Filed this S day City of Eagan, a municipal corporation, of ROGER W.SAMES,Court Administrator Respondent. BY o>r r The above-entitled matter came on for hearing before the undersigned Judge of District Court at the Dakota County Judicial Center, Hastings, on January 5 , 1995, upon the Petitioners ' appeal from the Court Administrator's allowance of costs and disbursements. The Petitioners appeared through their attorney, Charles Mertensotto, Esq. The Respondent appeared through its ' attorney, Annette M. Margarit, Esq. The Court, having considered the arguments of counsel and all of the files, records and proceedings herein, makes the following: ORDER 1. The Petitioners shall be awarded the following costs and REC'C JAN 5 1995 612 432 3780 SENT BY: 11- 9-95 ;10:49AM : SEVERSON SHELDON-, 612 681 4300;# 4/11 disbursements: Postage $154. 90 Photocopy 300 . 00 Fax cost 15 . 50 Long distance calls 9. 48 Expert witness appraisal and witness fees 4,812.00 Subpoenas 6.00 Mileage 12.00 Witness fees 10.00 Statutory costs 200. 00 TOTAL COSTS AND DISBURSEMENTS $5, 519 . 88 DATED: This 5th day of January, 1995 . BY THE COURT WILLIAM F. THUET JUDGE OF DISTRICT COURT 612 432 3780 SENT,BY: 11- 9-95 ;10:50AM ; SEVERSON SHELDON-, 612 681 4300.# 5/11 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Court File No. 19-05-93-10032 TYPE: SPECIAL ASSESSMENT APPEAL Dale F. Tessmer and Dorothy A. Tessmer, Stuart R. Weierke and Mary Jane Weierke, Richard J. Buchan and Ethel Buchan, Roger Weierke and Stuart R. Weierke, d/b/a Weierke Trenching and Excavating, Ronald D. Johnson and Patricia J. Johnson, Scott Shelerud and Sharon Shelerud (substituted for William J. Kuhlmeyer and Janet Kuhhneyer), FINDINGS, CONCLUSIONS, _ David T. Forsman and Sanra L. Forsman, ORDER FOR JUDGMENT, Ronald L. Rosa and Donna M.Rosa, Tom Tweeten AND and Kay Tweeten (substituted for JUDGMENT Robert J. Hawkins and Diane S. Hawkins), Petitioners, v. City of Eagan, Dakota County, Minnesota, a municipal corporation, Respondent. This appeal came on for trial before the undersigned on September 8, 1994, at the Dakota County Judicial Center, 1560 Highway 55, Hastings, Minnesota 55033. The petitioners appeared personally and were represented by attorneys Charles E. Mertensotto and Jill Johnson Sholts. The city of Eagan ("city") was represented by attorney Annette M. Margarit. Based on the evidence as a whole, all of the files, records and proceedings herein, and the court being fully advised in the premises, the court makes the following findings of fact, conclusions of law, and order for judgment: fin_ I' ,, Rued this -n:ci L....1 By--2-/ -‘,.._2-./:-/...2. 812 432 3788 SENT. BY: 11- 9-95 ;10:30AM ; SEVERSON SHELDON- 612 681 4300;# 6/11 FINDINGS OF FACT I. The city authorized Public Improvement No. 635 ("the project") on August 4, 1992, and the benefit area for the project included the property owned by the petitioners. II. The city initiated the project at the request of the developer of Lakeview Trail Addition, a residential subdivision consisting of 36 single family lots, and it provided for the construction of sanitary sewer, water main, storm sewer, and streets. III. The project included the construction of an 8" trunk water main in Dodd Road from Cliff Road to the south plat line of Lakeview Trail Addition in accordance with the city's Water Supply and Distribution Plan. IV. The feasibility report called for the water lateral benefit from the 8" water trunk in Dodd Road to be assessed to the petitioners' abutting properties using a linear method. The proposed assessment rate for the water lateral benefit to the properties abutting Dodd Road was determined by dividing the estimated lateral water main cost in Lakeview Trail Addition by the front feet of water main in the Lakeview Trail Addition, for a proposed front foot rate of$11.92 per front foot. V. The city did not install service connections in the Dodd Road right-of-way from the 8" main to the front property Iine of the petitioners' properties. 2 612 432 3780 SENT .BY: 11- 9-95 ;10:50AM ; SEVERSON SHELDON--' 612 681 4300;# 7/11 VI. The two parcels (PID #10-03600-028-25 and #10-03600-030-25) owned by the Weierke Trenching and Excavating Company, which are situated in the southwest and southeast corners of the Dodd Road and Cliff Road intersection, have access to water and sewer mains located in Cliff Road. The southwest parcel (PID #10-03600-028-25) is unimproved, and the southeast parcel (PM #10-03600-030-25) is improved with a concrete block garage/warehouse building, built in about 1970, and a metal quonset storage building. Both of these parcels are zoned A-agricultural. The city stipulated it would accept the opinion of the petitioners' expert that the water Iateral benefit to each of these parcels was $500. VII. The other eight parcels are owner-occupied, single family residences with accessory structures. The highest and best use of the petitioners' properties continues to be single family residential under the A-agricultural zoning. As per the stipulation of counsel, neither expert based his before and after market values on subdivision. VIII. It is uncontested that the petitioners have wells which adequately supply their needs, and the evidence attests to the excellent quality of the water. IX. There is no sewer main on Dodd Road, and the city's public works director testified there are no plans to extend the sanitary sewer main on Dodd Road. The petitioners have efficient, on site disposal systems. X. The city adopted the final trunk water assessment roll for Public Improvement No. 635 (Lakeview Trial/Dodd Road Watermain) on October 19, 1993, assessing each of the 3 • 612 432 3780 SENT BY: 11- 9-95 ;10:50AM ; SEVERSON SHELDON-, 612 681 4300;# 8/11 petitioners' properties at the linear rate of$12 per front foot. The assessable frontage for each of the properties and the amount of the assessment are as follows: ASS'BLE OWNER PROPERTY ID FRONTAGE RATE ASSM'T Weierke Trenching/Exc, 10-03600-028-25 85 12.00 $ 1,020.00 Weierke Trenching/Exc. 10-03600-030-25 310 12.00 $ 3,720.00 Johnson 1 1 •11 1 19 12.00 $ 2,508.00 Kuhlmeyer/Shelerud 10-03600-010-26 402 12.00 $ 4,824.00 Forsman 10-03600-040-25 2•1 12.00 $ 3,120.00 Tessmer 10-03600-050-25 518 12.00 $ 6,216.00 • •sa 10-03600-020-26 308 12.00 $ 3,696.00 VVeierke 10-03600-030-26 187 12.00 $ 2,244.00 Buchan 10-03600-012-28 179.57 12.00 10-03600-011-28 148.06 12.00 XI. The set back distance for each of the petitioners' residences ranges from 63 feet to 600 feet from the front property line along Dodd Road. The evidence shows that the distance between the residential structure and the water main directly affects the total cost to hook up to the water main, and the total hook up cost directly affects the amount of the benefit. An additional factor entering into the cost of water main hook up is the lack of service connections in the Dodd Road right-of-way. The service connection installation from the main to the property line would involve the cost of road repair. XII. The water lateral benefit to the petitioners' properties, based on the difference between the before and after market value, is as follows: 4 612 432 3780 SENT BY: 11- 9-95 :10:51AM ; SEVERSON SHELDON-, 612 681 4300;# 9/11 • WATER BEFORE AFTER LATERAL OWNER PROPERTY ID VALUE VALUE BENEFIT Weierke Tr./Exc. -10-03600-028-25 $ 39,000.00 $ 39,500.00 $ 500.00 Weierke Tr./Exc. 10-03600-030-25 $ 115,000.00 $ 115,500.00 $ 500.00 Johnson 10-03600-027-25 $ 100,000.00 $ 101,550.00 $ 1,550.00 Kuhlmeyer/Shelerud 10-03600-010-26 $ 150,000.00 $ 151,250.00 $ 1,250.00 Forsman 10-03600-040-25 $ 178,000.00 $ 178,500.00 $ 500.00 Tessmer 10-03600-050-25 $ 140,000.00 $ 141,500.00 $ 1,500.00 Rosa 10-03600-020-26 $ 215,000.00 $ 215,900.00 $ 900.00 Weierke 10-03600-030-26 $ 130,000.00 $ 131,000.00 $ 1,000.00 Buchan 10-03600-012-28 $ 135,000.00 $ 135,900.00 $ 900.00 Hawkins/Tweeten 10-03600-011-28 $ 195,000.00 $ 195,500.00 $ 500.00 XIII. The assessment levied against each of the petitioners' properties exceeds the benefit as measured by the increase in the market value afforded by the 8" main. XIV. The petitioners appeared at the assessment hearing, sent written objections to the city, and filed a notice of appeal of the special assessment to the Dakota County District Court. XV. The city certified the assessment roll prior to the end of calendar year 1993, and the first year's installment of the water lateral assessment levied against the petitioners' property became due and payable with the 1994 real estate taxes. XVI. The petitioners' sole objection is that the assessment exceeds the benefit. 5 612 432 3780 SENT BY: 11- 9-95 :10:51AM ; SEVERSON SHELDON-' 612 681 4300:#10111 • CONCLUSIONS OF LAW 1. The water lateral assessment levied by the city against the petitioners' properties exceeds the benefit. 2. The petitioners are entitled to have the city amend that portion of the assessment roll for Public Improvement No. 635 which is inconsistent with the court's determination as to the water lateral benefit received by the petitioners' properties. 3. The petitioners are entitled to a refund from the city for the excess assessment principal and interest already paid with the 1994 real estate taxes. 4. The petitioners are entitled to recover their costs and disbursements in bringing this appeal. ORDER FOR JUDGMENT 1. The special assessment levied against the petitioners' properties for Public Improvement No. 635 exceeds the benefit, and the city shall amend that portion of the assessment roll which is inconsistent with the court's determination as to the benefit received. 2. The city shall promptly amend the assessment roll in respect to the petitioners' properties; and thereafter, the city, by resolution, shall adopt and certify the amendment. 3. The city shall refund any special assessment amount including principal and interest already paid with the 1994 real estate taxes, which exceeds the amended amount due and payable with the 1994 real estate taxes. 6 612 432 3780 SENT BY: ' 11- 9-95 :10:52AM ; SEVERSON SHELDON-i 612 681 4300;#11/11 4. The city shall reimburse the petitioners for their costs and disbursements in bringing this appeal. Costs and disbursements shall be taxed by filing and serving a notice of taxation of costs and disbursements. The reimbursement amount due and payable to the petitioners shall be paid by the city in a lump sum to the petitioners' counsel. LET JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT Dated: \\ — b William F. Thuet Judge of District Court JUDGMENT I HEREBY CERTIFY THAT THE ABOVE CONCLUSIONS OF LAW AND ORDER CONSTITUTE THE JUDGMENT OF THE COURT. DATE: DECEMBER 12TH 1994 ROGER W. SAMES (SEAL) COURT ADMINISTRATOR /) BY Sass v..[i �L-,zzA1GpiA / DEPUTY CLERK PRE-JUDGMENT INTEREST FROM NOVEMBER 10, 1994 TO DECEMBER 12, 1994 IN THE AMOUNT OF $1.75 INSERTED IN THE JUDGMENT. COSTS AND DISBURSEMENTS TAXED AND ALLOWED IN THE AMOUNT OF $668.00 AND INSERTED IN THE JUDGMENT THIS 12TH DAY OF DECMEBER, 1994. ROGER W SAMES, COURT ADMR BY J EF DEPUTY COSTS AND DISBURSEMENTS AMENDED PURSUANT TO ORDER FILED JAN 5TH 1995 TO THE AMOUNT OF $5519.88 WITH PRE JUDGMENT INTEREST FROM NOVEMBER 10, 1994 TO DECEMBER 12, 1994 IN THE AMOUNT OF $14.51 FOR A TOTAL JUDGMENT OF $5534.39. DATED: JANUARY 5TH 1995 ROGER W SAMES, COURT ADMR BY 6 , CHI.- DEPUTY 7 Agenda Information Memo November 21, 1995 B. TRAPP POINTE-"PRIVATE`STREET TRANSFER ACTION TO BE CONSIDERED: Approve/deny the transfer of the Trapp Pointe private cul-de-sac to public right-of-way with/without conditions. FACTS: • On November 6,the City Council received a request from a representative of the adjacent property owners requesting the City to accept the Trapp Pointe private street cul-de-sac as public right-of- way. • The City Council referred this request to the Public Works Committee for review and recommendations. • On November 14, the Public Works Committee reviewed the request along with background information provided by City staff and recommended that the City Council give favorable consideration to accepting the Trapp Pointe private cul-de-sac as public right-of-way based on the applicant fulfilling several conditions. ATTACHMENTS: • Committee meeting minutes, pages and • Committee packet background information, under separate cover to Council only. 00298 EAGAN CrrY COUNCIL.MINUTES; NOVEMBER 21, 1995 PAGE a to allow the access road on Lot 6, Block 1, Rooney Addition to be narrowed to 16' for the first 100' off Amberieaf Trail. Aye: 4 Nay: 1 (Hunter opposed.) VARIANCE, RON BROPHY Community Development Director Reichert gave a staff report,noting there is a discrepancy as to what the actual setback is on this property. The survey says he has a 20 foot setback, but the owner measured It to be only 18 feet. According to the city, he doesn't technically need a variance; however,the applicant wants ensure what he is doing is legal and won't cause problems in the future. Mayor Egan then opened the public hearing to anyone wishing to speak. Ron Brophy, the applicant, urged Council approval, noting the lot is undersized and the house wasn't put in the right place according to the survey. He Indicated that if there is any opposition in the audience, he Is willing to withdraw his request for a variance. Mayor Egan then turned the discussion back to the Council. Hunter moved,Wachter seconded a motion to approve a 1.5'variance to the required 10' side yard setback for Lot 14, Block 3, Meadowland 1st Addition. Aye: 5 Nay: 0 PROJECT 666R, WATERVIEW ADDITION Director of Public Works Colbert gave a staff report and reviewed the Public Works Committee recommendation, that being that 30% of the proposed assessment be levied with a postponement for any additional remainder to be collected at the time of connection, if that ever occurs, to each of the individual property owners. Doug Johnson, 4775 Dodd Road, noted he disagrees with the city's opinion on the lawsuit with the people to the north, but they accept this as an adequate compromise. Some discussion followed. Awada moved, Wachter seconded a motion to approve the final assessment roll as modified for Project 666R. Aye: 5 Nay: 0 TRAPP POINTE, PRIVATE STREET TRANSFER Director of Public Works Colbert gave a staff report and reviewed the recommendation of the Public Works Committee, which is favorable consideration of this request with a structural overlay on the streets to bring It up to city standards;the non-conforming two existing street lights be replaced with a singular street light to meet city standards for both illumination and setback; a drainage easement be dedicated to the city to handle the runoff of what will be future public right-of-way;and that the property be properly described through a certificate of survey and conveyed to the city. He noted that their representative, Dale Huber, indicated he could not be at this meeting, but he understands the conditions,and would like the opportunity to evaluate the costs associated with these conditions and review them with the affected property owners to determine whether he would still like to proceed. Councilmember Hunter noted there are three additional conditions: obtain a legal description;dedicate the right-of-way; and replace the street lights. He asked what'appropriate right-of- way' is as stated in the conditions. Director of Public Works Colbert responded it would be 60 feet, with a comparable minimum 10' boulevard around the cul-de-sac. It was recommended by the City Attorney to identify that as a specific condition. Hunter moved,Awada seconded a motion to approve the transfer of the Trapp Pointe private cul-de-sac to public right-of-way with the following conditions: 1. Nonconforming street lights be replaced and relocated to City standards. 2. The structural surface be brought up to a 9-ton standard with a light mill and overlay according to city standards. 3. A drainage easement be dedicated to the City. EAGAN CITY COUNCIL MINUTES;NOVEMBER 21,1995 '. 299 PAGE 7 4. A legal description for Trapp Pointe be secured. 5. The appropriate right-of-way be dedicated. 6. The City shall not accept this transfer unless and until all of the above conditions are met within one year of Council approval. Some discussion followed concerning the conditions. Aye: 5 Nay: 0 RECONSIDERATION OF FINANCIAL ASSISTANCE, REGISTER RESALE Wachter moved, Masin seconded a motion to reconsider the issue of financial assistance for Register Resale. Aye: 4 Nay: 1 (Hunter opposed.) Considerable discussion followed concerning whether or not this should be referred to the Economic Development Commission. David Stokes,of St.Paul Port Authority,urged Council approval. He noted they have made substantive changes in response to the Council's concerns. Register Resale and its bank have initiated a change that would substantially decrease the city's exposure by the bank; essentially guaranteeing half of the city's guarantee over the first five years of the loan. He added that this project would generate approximately$84,000 per year in taxes. Counciimember Awada noted that after fiscal disparities and the other entities take their share,there won't be much that will actually go to the City of Eagan. Mayor Egan spoke in support of this project, noting there is almost no risk to the city. Councilmember Awada indicated she will support this only because of the letter of credit. She is still fundamentally against this type of thing. Hunter moved, Wachter seconded a motion to approve financial assistance for Register Resale Corporation. Aye: 5 Nay: 0 TEMPORARY ON STREET PARKING REQUEST,THOMAS LAKE SCHOOL Administrator Hedges gave a staff report,noting Thomas Lake School would like to have the fee waived on their request for temporary on-street parking. Councilmember Hunter noted that this fee was developed to cover the costs of bagging, removing and storing the signs. He suggested that the policy be modified to include a condition stating that the fee can be waived if the applicant is willing to perform the bagging themselves to staff's satisfaction. Councllmember Wachter noted that if the policy is violated, the city could charge them$50. Director of Public Works Colbert expressed a concern about the liability of having a private party change regulatory signs in a public right-of-way. It could also end up costing more because staff will have to inspect to make sure it is done properly, and then make sure the bags are turned in and on time. Administrator Hedges reiterated the issue of liability. Councilmember Awada stated she doesn't agree with having people bag their own signs. Mayor Egan Indicated he would favor this policy change. Hunter moved, Wachter seconded a motion to add a condition to the Council policy regarding temporary on-street parking requests that the $50 fee can be waived administratively if the applicant is willing to perform the bagging themselves to staffs satisfaction. Aye: 4 Nay: 1 (Awada opposed.) EVA IA PRELIMINARY PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION, PARK CENTER SIXTH ADDITION Community Development Director Reichert gave a staff report, reviewing the history of this property. She noted that this amendment would eliminate the sit-down restaurant and have three large retail uses. Councilmember Masin expressed a concern about this plan. A restaurant was always planned for this site. PUBLIC WORKS COMMITTEE MEETING NOVEMBER 14, 1995 MINUTES The Public Works Committee meeting convened at 4:10 p.m. Present were Chair Ted Wachter; Councilmember Shawn Hunter; Jim Sheldon, City Attorney; and City staff members Tom Colbert, Director of Public Works;Mike Foertsch,Assistant City Engineer; and Arnie Erhart, Superintendent of Streets/Equipment. TRAPP POINTE-REVIEW DEDICATION AS PUBLIC RIGHT-OF-WAY Mr. Dale Huber, Consultant-JBL Companies, was in attendance. Mr. Colbert pointed out that Arnie Erhart, Superintendent of Streets, evaluated Trapp Pointe from three perspectives: 1. The structural integrity of the streets-does it meet our design standards. 2. Operational impact from traffic operations, i.e. snow plowing, sanding, etc. 3. Boulevard/Right-of-Way, i.e. are there any obstructions within the right-of-way. In regard to item No. 1, Mr. Erhart reported that Trapp Pointe was constructed in 1987. At first glance of the street,it looked in fairly good shape. After further evaluation, it looked as though the cracks were crack sealed but the top surface of the road had rather large aggregate protruding. Arnie then distributed pictures to better point out the condition of the street. Arnie determined that approximately 80%of the surface of the street had been coated with either a coal tar or a slurry seal. The problem with that type of seal is that the type of emulsion sealcoat the City uses will not adhere well to that type of material. He was also concerned that the protruding aggregate signifies that the finer aggregate and asphalt binder is missing. Braun Testing performed 2 core samples-- 3W and 3'A" deep of bituminous and 6" - 7" of crushed limestone which is very similar to our 7-ton design residential street. He feels that if this is in an industrial area and used by heavy vehicles, the street should be brought up to a 9 or 10 ton design, similar to Trapp Road and the rest of the Eagandale Industrial area. Mr.Wachter questioned if the street would require a 2" overlay. Mr. Colbert recommended a light mill and a 2" overlay would be sufficient due to the fact that this area is not a high-speed, high volume section. Arnie then brought up the issue regarding drainage. The straight part of the cul-de-sac now drains toward Trapp Road, however, the cul-de-sac itself drains west into the parking lot. He inquired if a drainage easement would be needed. Jim Sheldon determined that a general drainage easement would be required over the parking lot. 1 1111. Ara. Arnie then went on to the operational aspect of this cul-de-sac. The street entering the cul-de-sac is 36'wide with a 47 radius. There should be no problem with City plows entering the area. There are two other cul-de-sacs in this area-Center Court and Eagandale Court-which meet our Industrial code standards as far as landscaping, streetlighting, etc., are concerned. Mr.Huber inquired about the streetlights. Arnie's report stated that the streetlighting was inadequate. Mr. Hunter inquired as to what was inadequate about the lighting. Arnie stated that the poles on Trapp Road are fiberglass poles;this particular pole is metal. Another issue is that the pole is only 2'behind the curb where the City's standard is 4'behind curb. Mr. Wachter questioned if the City took over the maintenance of this street, would we also have to take over the maintenance of the streetlights which are now maintained by NSP. Wachter feels that the lamps should be replaced and maintained by NSP. There was discussion regarding transplanting of the trees further behind the curb. Mr. Erhart spoke with Gregg Hove, Supervisor of Forestry, who feels that the trees can be safely moved. Mr. Hunter feels that the trees are far enough back from the curb (7'). Wachter concurred. It was recommended that the City accept the transfer of Trapp Point to public rigtht-of-way subject to 3 conditions: 1. Nonconforming streetlights be replaced and relocated to City standards. 2. The structural surface be brought up to a 9-ton standard with a light mill and overlay. 3. A drainage easement be dedicated to the City. Mr. Sheldon inquired as to if the City has a legal description for Trapp Pointe. The City has no legal description. Mr. Sheldon stated that the City needed the appropriate right-of-way dedicated as well.. The existing 2 private street lights can be replaced with one on the cul-de-sac per City standards with all costs borne by the developer. After it was determined that these recommendations would go to Council at their next meeting, Mr. Huber had a concern that without the information regarding the cost of the overlay he could not agree to these recommendations. Colbert stated that the Council could adopt these recommendations, with the understanding that these are the conditions and that Mr. Huber would have to respond to if, and when, he wants to proceed. PROJECT 666R,DODD ROAD WATERMAIN-REVIEW FINAL ASSESSMENT ROLL Residents in attendance at this meeting were as follows: 1. Doug Johnson, 4775, Dodd Road 2. Doug Hoppe, 4755 Dodd Road 3. Mike Hayes, 4760 Dodd Road 4. Charles Morgan, 4785 Dodd Road 2 �w ; • Mr. Colbert introduced the item and explained that the final assessment roll for this improvement was presented to the City Council on October 17, 1995. Due to the fact that a petition was received from several property owners objecting to the assessments, the Council did not adopt this roll and referred this item to the Public Works Committee for review in consideration with Project 635, which provided for watermain along the north portion of Dodd Road in 1993. Trunk area assessments were deferred when the Council ordered in Project 666R, but proposed to levy the lateral benefit from this trunk utility per City Assessment Policy. Assessment options were provided for the Committee's reference and additional background information was provided in a memo dated February 21, 1995, dealing with the results of the assessments for Project 635, the appeal and subsequent court findings. Mr. Colbert made mention at that time that the Blissenbacks had submitted a letter stating that they could not attend the meeting but reiterated the fact that they objected to the assessments and expected similar principals of the assessment to be followed the same as the northern project. There was discussion regarding trunk and lateral benefits, connection charges, and the City's fee schedule. Colbert explained that the City levies assessments when an improvement is installed and there is an immediate service to the adjacent property. It is not necessary for the resident to hook up to the improvement at that time if they have a functional well, however, if the well goes bad, the property owner will be required to hook up to the City's system. At that time, a connection charge is levied at the rates in effect at that time. Mr. Colbert went on to state that the Court found, with Project 635,that there was some immediate benefit to the property owners prior to connection. Mr. Sheldon went on to say that the original assessment, however, was reduced an estimated amount that it cost to install private service lines. There was discussion by the Committee that 30% of the assessment should be levied with postponement of the remainder until connection, at the rates in effect at that time. There was also discussion from the residents regarding clarification of assessing 30% of the assessment now, the connection fee, the repair of existing wells, the system being readily accessible, etc. Mr. Hunter recommended that a fact sheet be prepared clarifying connection fees, formulas, etc. It was,therefore,the RECOMMENDATION of the Committee that 30% of the assessment should be levied,with postponement of the remainder until connection, with the rates in effect at that time. This will be forwarded to the City Council at the November 21, 1995, City Council meeting. The meeting adjourned at 5:10 p.m. 3 EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 5 improvements phase of the Schwanz Lake Water Quality Improvement Project and to authorize advertisement for bids for the project. Z. Approve Agreement for Engineering Service. Montgomery Watson. Inc. It was recommended to approve the agreement between the City of Eagan and the consulting firm of Montgomery Watson, Inc. M. Approve Dakota County SWCD Urban Cost Share Grant Contract. It was recommended to approve a contract between the City of Eagan and the Dakota County SWCD for expenditure of grant funds. BB. Massage Therapist Licenses.Jenny Gamer and Sandra Beyer. It was recommended to approve massage therapist licenses for Jenny Lea Gamer for The Tropics and Sandra Beyer for Care Chiropractic Health and Resource Center. CC. Accept Resignations. Cable Communications Commission and Airport Relations Commission. It was recommended to accept the resignations of Dave and Lois Monson from the Cable Communications Commission and the Airport Relations Commission, respectively. DD. Contract 93-GG. Autumn Ridge 4th Addition. It was recommended to acknowledge the completion of Contract 93-GG and accept the improvements for perpetual City maintenance subject to appropriate warranty provisions. EE. Disposal of Excess Police Department Property. It was recommended to declare as surplus property 10 police squad car visabars and direct their disposal as appropriate. FF. Public Works Committee. It was recommended to receive the minutes of the Public Works Committee meetings of September 20 and October 17 and affirm Its recommendation. Hunter moved, Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 GG. Final Subdivision/Final Planned Development. Soderhoim Addition. Councilmember Masin noted she felt this would come back for discussion because the Council wasn't pleased with the design of the preliminary plat. Community Development Director Reichert noted that there was some discussion at that meeting about the site plan. They did meet with the developer and traffic engineers, and some minor changes were made. Staff feels the internal circulation works and Dakota County approved a 60 foot half right-of-way on Lexington Avenue. They will also have a 10 foot easement for sidewalk purposes. She noted that the preliminary subdivision was approved subject to staff review; however,there isn't a lot that can be changed with the lots the way they are. After some discussion, Councilmember Awada requested to see the minutes from the meeting where the preliminary subdivision was approved. The agenda was suspended to the public hearings so the minutes could be retrieved. PUBLIMIEMINGS CERTIFICATION OF DELINQUENT UTIUTY BILLS Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak,Awada moved,Hunter seconded a motion to close the public hearing and approve the final assessment roil for delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING AND FALSE ALARM BILLS Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Hunter moved, Wachter seconded a motion to close the public hearing and approve the final Agenda Information Memo November 21, 1995 B. TRAPP POINTE=PRIVATE STREET TRANSFER ACTION TO BE CONSIDERED:Approve/deny the transfer of the Trapp Pointe private cul-de-sac to public right-of-way with/without conditions. FACTS: • On November 6,the City Council received a request from a representative of the adjacent property owners requesting the City to accept the Trapp Pointe private street cul-de-sac as public right-of- way. • The City Council referred this request to the Public Works Committee for review and recommendations. • On November 14, the Public Works Committee reviewed the request along with background information provided by City staff and recommended that the City Council give favorable consideration to accepting the Trapp Pointe private cul-de-sac as public right-of-way based on the applicant fulfilling several conditions. ATTACHMENTS: • Committee meeting minutes, pages and • Committee packet background information, under separate cover to Council only. • 40298 EAGAN CITY COUNCIL MINUTES; NOVEMBER 21, 1695 PAGE 6 to allow the access road on Lot 6, Block 1, Rooney Addition to be narrowed to 16' for the first 100' off Amberleaf Trail. Aye: 4 Nay: 1 (Hunter opposed.) VARIANCE, RON BROPHY Community Development Director Reichert gave a staff report,noting there is a discrepancy as to what the actual setback is on this property. The survey says he has a 20 foot setback, but the owner measured It to be only 18 feet. According to the city, he doesn't technically need a variance; however,the applicant wants ensure what he is doing is legal and won't cause problems in the future. Mayor Egan then opened the public hearing to anyone wishing to speak. Ron Brophy, the applicant, urged Council approval, noting the lot Is undersized and the house wasn't put in the right place according to the survey. He Indicated that if there is any opposition in the audience, he is willing to withdraw his request for a variance. Mayor Egan then turned the discussion back to the Council. Hunter moved,Wachter seconded a motion to approve a 1.5'variance to the required 10' side yard setback for Lot 14, Block 3, Meadowiand 1st Addition. Aye: 5 Nay: 0 MeqINESS PROJECT 6668, WATERVIEW ADDITION Director of Public Works Colbert gave a staff report and reviewed the Public Works Committee recommendation, that being that 30% of the proposed assessment be levied with a postponement for any additional remainder to be collected at the time of connection, if that ever occurs, to each of the individual property owners. Doug Johnson, 4775 Dodd Road, noted he disagrees with the city's opinion on the lawsuit with the people to the north, but they accept this as an adequate compromise. Some discussion followed. Awada moved, Wachter seconded a motion to approve the final assessment roll as modified for Project 666R. Aye: 5 Nay: 0 TRAPP POINTE, PRIVATE STREET TRANSFER Director of Public Works Colbert gave a staff report and reviewed the recommendation of the Public Works Committee, which is favorable consideration of this request with a structural overlay on the streets to bring it up to city standards;the non-conforming two existing street lights be replaced with a singular street light to meet city standards for both illumination and setback; a drainage easement be dedicated to the city to handle the runoff of what will be future public right-of-way;and that the property be properly described through a certificate of survey and conveyed to the city. He noted that their representative, Dale Huber,indicated he could not be at this meeting, but he understands the conditions,and would like the opportunity to evaluate the costs associated with these conditions and review them with the affected property owners to determine whether he would still like to proceed. Councilmember Hunter noted there are three additional conditions: obtain a legal description; dedicate the right-of-way; and replace the street lights. He asked what'appropriate right-of- way' is as stated in the conditions. Director of Public Works Colbert responded it would be 60 feet, with a comparable minimum 10' boulevard around the cul-de-sac. It was recommended by the City Attorney to Identify that as a specific condition. Hunter moved,Awada seconded a motion to approve the transfer of the Trapp Pointe private cul-de-sac to public right-of-way with the following conditions: 1. Nonconforming street lights be replaced and relocated to City standards. 2. The structural surface be brought up to a 9-ton standard with a light mill and overlay according to city standards. 3. A drainage easement be dedicated to the City. EAGAN CITY COUNCIL MINUTES;NOVEMBER 21,1995 PAGE 7 4. A legal description for Trapp Pointe be secured. 5. The appropriate right-of-way be dedicated. 6. The City shall not accept this transfer unless and until all of the above conditions are met within one year of Council approval. Some discussion followed concerning the conditions. Aye: 5 Nay: 0 RECONSIDERATION OF FINANCIAL ASSISTANCE, REGISTER RESALE Wachter moved, Masin seconded a motion to reconsider the issue of financial assistance for Register Resale. Aye: 4 Nay: 1 (Hunter opposed.) Considerable discussion followed concerning whether or not this should be referred to the Economic Development Commission. David Stokes,of St. Paul Port Authority,urged Council approval. He noted they have made substantive changes in response to the Council's concerns. Register Resale and its bank have initiated a change that would substantially decrease the city's exposure by the bank; essentially guaranteeing half of the city's guarantee over the first five years of the loan. He added that this project would generate approximately$84,000 per year in taxes. Councllmember Awada noted that after fiscal disparities and the other entitles take their share,there won't be much that will actually go to the City of Eagan. Mayor Egan spoke in support of this project, noting there is almost no risk to the city. Counciimember Awada indicated she will support this only because of the letter of credit. She is still fundamentally against this type of thing. Hunter moved, Wachter seconded a motion to approve financial assistance for Register Resale Corporation. Aye: 5 Nay: 0 TEMPORARY ON STREET PARKING REQUEST,THOMAS LAKE SCHOOL Administrator Hedges gave a staff report,noting Thomas Lake School would like to have the fee waived on their request for temporary on-street parking. Councilmember Hunter noted that this fee was developed to cover the costs of bagging, removing and storing the signs. He suggested that the policy be modified to include a condition stating that the fee can be waived if the applicant is willing to perform the bagging themselves to staff's satisfaction. Counciimember Wachter noted that If the policy is violated, the city could charge them$50. Director of Public Works Colbert expressed a concern about the liability of having a private party change regulatory signs in a public right-of-way. It could also end up costing more because staff will have to inspect to make sure It is done properly, and then make sure the bags are turned in and on time. Administrator Hedges reiterated the issue of liability. Councimember Awada stated she doesn't agree with having people bag their own signs. Mayor Egan Indicated he would favor this policy change. Hunter moved, Wachter seconded a motion to add a condition to the Council policy regarding temporary on-street parking requests that the $50 fee can be waived administratively if the applicant is willing to perform the bagging themselves to staff's satisfaction. Aye: 4 Nay: 1 (Awada opposed.) ergialiESS PRELIMINARY PLANNED DEVELOPMENT AMENDMENT AND PREUMINARY SUBDIVISION, PARK CENTER SIXTH ADDITION Community Development Director Reichert gave a staff report, reviewing the history of this property. She noted that this amendment would eliminate the sit- down restaurant and have three large retail uses. Councdmember Masin expressed a concern about this plan. A restaurant was always planned for this site. Agenda Information Memo November 6, 1995 FF. PUBLIC WORKS COMMITTEE ACTION TO BE CONSIDERED:To receive the minutes of the Public Works Committee meetings of September 20 and October 17 and affirm its recommendations. FACTS: • Mr. Don Chapdelaine approached the City on behalf of Richard & Joseph Chapdelaine regarding previously levied trunk area storm sewer assessments under Project 381 in 1985 and potential future lateral and ponding storm sewer improvements required with the development of their property. • Their request to have previous assessments reduced proportionate to other properties who appealed their assessments or to credit an equivalent amount against potential future storm sewer was then forwarded to the Public Works Committee for review. • The Public Works Committee met on September 20 and again on October 17 to review this request. • At its October 17 meeting, the Chairman of the Public Works Committee directed their findings to be forwarded to the City Council for formal adoption on November 6. ATTACHMENTS: • Minutes of September 20 and October 17 meeting, pages • Memo from City Attorney,pages • Agenda Information Memo November 6, 1995 Eagan City Council Meeting ,FE. DISPOSAL OF EXCESS POLICE DEPARTMENT PROPERTY ACTION TO BE CONSIDERED: To declare as surplus property ten police squad car visabars and to direct their disposal as appropriate. ATTACHMENTS: • Staff memorandum on page