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05/21/1981 - City Council Special 'err.war«..r......•..►..««:�w�Wr.........w--�+'^"°'4•" NOTICE OF SPECIAL CITY COUNCIL MEETING Please be advised that a special meeting of the Eagan City Council is scheduled for Thursday, May 21, 1981, at 6:.00 p.m. at the Eagan City Hall. AGENDA 1. Thomas Lake Storm Sewer Appeal 2. Other s MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 20, 1981 r� SUBJECT: SPECIAL CITY COUNCIL MEETING The special City Council meeting for tomorrow evening was originally con- sidered for 8:00 p.m. The meeting was scheduled later in the evening due to a conflict Bob Rosene was experiencing. Mr. Rosene no longer has a conflict; and, therefore, it was possible to move the meeting to an earlier time in the evening. The meeting is scheduled for 6:00 p.m. , a time that seems to best suit everybody's schedule, including the ability to view the North Stars' game later in the evening. rk�a*%" *�ar_ City Administrator � v MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 20, 1981 SUBJECT: SPECIAL CITY COUNCIL MEETING, 5-21-81 A meeting is scheduled for 6:00 p.m. Thursday, May 21, 1981, to discuss the Thomas Lake storm sewer appeal court action. The City is approaching a crossroads with the lawsuit where various strategies and considerations must be made with legal counsel. Apparently, there are some questions that have been raised by the judge as to how the assessments were established in relationship to actual costs for the project. The judge seems to be approaching the lawsuit with arguments about cost rather than benefit. The City has maintained for a number of years a philosophy of assessing storm sewer over a City-wide area basis. Therefore, all storm sewer trunk improvements are not necessarily assessed on a project by project basis. If storm sewer .trunk assessments were levied on a project by projects basis, it would be possible and quite common to assess areas of the City more than once for trunk benefit. By establishing a rate in which the entire City will be assessed for storm sewer and calculating the long range improvements based on storm sewer districts, the assessments for each of the residential areas become more equitable and equal as the City completes its storm sewer improvements. The Public Works and Engineering Departments are attempting to complete a detailed analysis of the total costs as they impact this particular storm sewer district that is under appeal. To analyze the costs of the Thomas Lake storm sewer project in relationship to the revenues generated by assessments would not be a fair analysis. All projects that affect that storm sewer district must be considered as total expenditures in relationship to the assessments of the Thomas Lake area in order to provide an accurate cost analysis for the judge. The City staff feels there are no alternatives at this point in time to change the method of assessment due to the amount of storm sewer construction that has been constructed and assessed to date. Two obvious alternatives would be: 1. Taxation whereas all residents within the community would be levied on a yearly basis for storm sewer improvements is an alter- native. This method of collecting revenue for ultimately a City- wide storm sewer system would cause some people to pay for a benefit to the system a second time if they have been assessed previously. 2. The second alternative would be to assess each project on a project by project basis. The problem with this method of assessment is that certain areas where there is considerable pipe installed may pay 150 to 20¢ a square foot, whereas other areas would get by on 2¢ to U a square foot. This would create inequities and the City would more than likely be experiencing more lawsuits and the inability to subsidize expenditures if this should occur. 5-21-81 Meeting Memo May 20, 1981 Page Two The City staff feels very confident that the formula and method of assessing storm sewer based on a long range philosophy of creating a City-wide storm sewer system is appropriate. In order to assure that the above alternatives do not occur for handling storm sewer assessments within the City, it will be necessary to protect the City's precedence by gaining a favorable decision on the lawsuit. Proper strategy must be planned for both the legal presentation and also the witnesses used throughout the hearing. Any compromise of assessment would become a liability to the City and also cause for precedence in the future which could again become costly and end up being an additional tax burden. City dministrator