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10/17/1995 - City Council Public Works CommitteeAGENDA PUBLIC WORKS COMMI I TEE MEETING Tuesday October 17, 1995 4:00 p.m. Black Hawk Middle School I. ROLL CALL & ADOPTION OF AGENDA II. VISITORS TO BE HEARD VL III. RICHARD & JOSEPH CHAPDELAINE PROPERTY/PROPOSED AGREEMENT/ADJUSTMENT FOR AREA STORM WATER ASSESSMENT IV. DISCUSS GUARANTEE REGARDING PRECAST BULLNOSE TRIM FOR MUNICIPAL CENTER EXPANSION AND REMODELING PROJECT V. OTHER BUSINESS VI ADJOURNMENT • ��y� y jr " —city of eagan TO: PUBLIC WORKS COMMITTEE FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 13, 1995 SUBJECT: PUBLIC WORKS COMMITTEE MEETING/OCTOBER 17 MEMO A Public Works Committee meeting is scheduled for Tuesday, October 17, 1995, at 4:00 p.m. at Black Hawk Middle School. RICHARD & JOSEPH CHAPDELAINE This agenda item was discussed at the last Public Works Committee meeting. Attached and referenced as pages �,'L through is a co Dy background information on this item. Also enclosed on pages /,/, through is a copy of the minutes of the September 20, 1995 Public Works Committee meeting. GUARANTEE/PRECAST BULLNOSE TRIM At the last City Council meeting, the City Administrator was further directed to address the process and length of guarantee to correct a color deficiency in the precast (bullnose) trim at the municipal center building. The City Administrator and Assistant to the City Administrator Hohenstein have followed up on this item with the City Attorney's office and the contractor. For additional information, refer to a memo and appropriate attachments enclosed on pages through relating to the color correction and guarantee. During the past two weeks, the contractor has worked on a continued basis to correct this color deficiency. It is suggested that members of the Public Works Committee make a visual inspection before the meeting on Tuesday. City Administrator Attachments III. RICHARD & JOSEPH CHAPDELAINE PROPERTY Parcels 010-30, 010-52 & 020-52, Section 12 - Storm Sewer Adjustment REQUEST Richard & Joseph Chapdelaine have requested the City of Eagan to recalculate the special assessments levied under Project 381 in 1984 and credit any excess revenue against future storm sewer lateral and ponding requirements as necessary to service future development. The enclosed letter further delineates this request. BACKGROUND On September 20, 1995, Richard and Joseph were represented by Mr. Martin DesLauries and Mr. Don Chapdelaine in initiating a similar request to the Public Works Committee. The Public Works Committee requested City staff to calculate what the assessment would be based on the property owner's requested method and also the City Attorney to respond to the appropriateness of the City's method of levying trunk area storm sewer assessments under Project 381. Enclosed is the City Attorney's response. The following information pertains to Project 381 which was assessed in 1984. Total Area Assessed Total Amount Assessed Total Contract Cost Single Family/Ag. Property Rate Commercial/Ind. Rate Single Family/Ag. Rate Commercial/Industrial Rate Parcel 010-30 " " 77 169.6 acres $460,063 $245,000 4.31 i:/sf (Fee Schedule) 6.47¢/sf (Fee Schedule) 2.247¢/sf (actual cost rate) 3.37T-/sf (actual cost rate) 116,720 sf $7552 (Project 381certified assessment) $3,933 (Project 381 based on actual cost) $3,619 (difference) Parcel 010-52 39,375 sf lit" $711* (Project 381 certified assessment) " $1,327 (Project 381 based on actual cost) " $616 (difference) Parcel 20-52 46,750 sf $711 * (Project 381 certified assessment) " $1,575 (Project 381 based on actual cost) " $864 (difference) *Based on Large Lot Credit for Residential use of Industrial zoned property. '"m ISSUES While the assessment revenue ($460,000) for Project 381 exceeded the project costs ($245,000 Contract 83-17), it does not take into consideration the construction costs of the ultimate downstream trunk area storm sewer from this trunk drainage pond (EP -1) down to the Minnesota River Valley that was constructed as a part of I-494. Even though trunk highway funds were used to finance a major portion of that trunk storm sewer outlet, the City Attorney has indicated that those total construction costs (which greatly exceeded the assessment revenue) can be used to support the assessment revenue generated under Project 381. The applicants also raised a concern about a pending assessment being referenced for these parcels for future storm sewer requirements. This pending has been removed from the City records and any potential additional storm sewer requirements will be identified specifically with a future development proposal. ACTION FOR CONSIDERATTON: 1. Reaffirm previously levied assessments for Project 381 or 2. Modify the previously levied trunk area storm sewer assessment under Project 381 based on 2.247T-/sf (Single Family/Agricultural) or 3.37T./sf (Commercial/Industrial). (A determination should be made as to whether Agricultural or Commercial/Industrial rates should be used.) sell $'I=,4,43_ 3ff 1.11.3.1 HPI -6 Ia. xv, I , ev,5 880 888.0 ,� ' ..I.i 1 t PARK', .5 Lex DARK' v4 rK 0 I ItANDA EM 51 7 141- -- L;r,-, 0'.P .872 o 8 30 F-9 F P - F FP 813 > 856.0: -890 15' 862.0; ADO tv 2 'ORR '.-C �Arwlv -P� 5 861,15.5 F 0 R,83816LU 67,0 FP_7t 850.1 An F -f FIRST -875.0 0 F -e 410. 42" 7 RtDGE 7- "' 'AY An�DlTll, < 7 -EP 6! 83940\\ P- Fr. -12 84 .0 3&0_ 844. 40.0 860.0 840.0 852.6 885.5 PQ 2k" I 5.o 0 GP -II _MS�1! =836.0 5 : EP -14 le -- --\NL -. J, , - - 7 - CP - 1�, II(Ljtp- H 1 1 0- 5 Q EAGAN A 543.0 K L.S. -81 FE 0 miulb 656 846 5 804.3 L.S.- 384'.0 . S. - 816.0 384'.0 Y -90.0-S. pa p A T E NO. 313 Lo A SER 824�(y -.0 1 8 44�' 0 8 73.6 A �1:11855 0 p -- �'4�`' '- i'' L 10 682.0 DP -13 L 884.5 IK 66 kp-2 1p-roi Al 1 7 E OW 5 7.3' 09 DP -1 1 8 29. 0 86 66.5 844.0 8464.0 85610 A 872. Y 5" DP -63 p- E- 838.3 876 .3; iE '77 856.4 I el, .2 L.S.- NO.5 G THEZADGA INDUS" 4 33 pn 42 �E-d /-219 No. 2 A D. (qA FE: Lq -2.71,gW f - 4 -j J I T 7-84 '9q DP- 18. c 16 �P-20 CV PE Mc- 862.8 858.3 �w �01�0; '04.2' lioo AD _MILLS ----- 91 7, ROJ f - .6L dilijo"eopp;7 CITILI'A-1�� A�. -5-EP--2 e 884 2 DDD -D E :87raO G E -82;0- -JP---33 11 870.0"�P-16-.F-. L 9r, C-OLF 675.5 CAPOEN Ljp 14 Dpwfa 5 E 85.5--� 873.0 EF72 I 882.0 870.0 8 74.7�� JP- 17 864.3 -�f --850.01.1 -16 ip 4 XT, 24- j,83 'o J151L ip- 3 879.4 858.0 JP -5 *,e - 15. , I Lin 1 8690 ,7j -p 1.1je 50 ge?: 5*- R6VP-42 97WESCOTT I - t588.0 o A v 890.0 6 4C' -32.2 0, STATI 9 P-18 T 860.0 T .A - i 1� I �.6 12 e cr69 0 vr - : 7F-� - ---------- F 899 �, r,7 W- TP-. p JP - II JP - 31 pl- 815.7 t�L-L-899 5- -f-e';rol rT 'LAPU,- GP-,: JP- 88 il� EXHIBIT B 887- 50 887.5 JP -58 4.0 - - 87 go 4p 0 88 877 J. 882. _0 'lp 0 010-27 Future 7A Pond ICIN y G) 010-29 o' o 0 Proposed 24" Storm Sewer .rRA Y A 0- 2 -- Existing BpRCNER� 1s" DIP F.M. IN�FRS� 1St• ADD - G` N 1 011-50 0 200 400 Scale in feet Tranby 1st Addition Pond EP -4A Eagan, Minnesota City Project No. 591 EXHIBIT C 6 ■!!■ Bonestroo Engineers aArnhilecis �-% Aosene Anderlik a Associates St. ftut A/inn.sefs Dote: April 1990 3 Comm. 49507 Fl9• No. L I EXHIBIT D D} d t9 � W Z m Z 2 N z? cr- to W J * W ,IgO^w x:° m W i Y W i 0] !� 2 Z 23CL C.D _ �Z. �Y3J� _ W L I EXHIBIT D D} d t9 � W Z m Z 2 N z? cr- to W J * W ,IgO^w x:° m W Y W i 0] !� 2 Z 23CL C.D _ �Z. �Y3J� _ W % S ..� O Z. ^O r"1 V) !11BLJ' E G.E_KL!� /DRIVE,, OAK «)) �IRSTF _Y 1-F-2 O L E OAK. / W 2. ADD. F �✓ F j, -i L14 ARK`. it . LU irr... .. SE ,j II t Qi, RST _ o% t - LEX \ 1 _ _ 1 ' � PARK � .� 5 � / —� BLUE RIDGE` CfiAY ADDITION EAGANDA PI TER Lex A NNW \r \ r I ---------- E-6 G-14 G,,12 AU t�ilf CJ i EAGAN AI.. -5E KiL G-Z� \ i.. L. i \ 1 COR A I P - *+O \ A �O., IQ G—a a Ip r- t -3 Am PHE EAG 4( INDU,` 28 E -DU S P4 S. TS T MAR' '-._L _ I5 - znc: ADD. D-25 .�.. .7 aL HILLS �s -SEs G-6 � N 1 sTub s Qco !I G-7 I sr ' ST 11 CARRIAGE _ jr - _ HILLS j / _ LIRE ADDITlj -- OLF\J J 27 \ �-- Coy SE c L TS -2 Via. G -II YQQR MTON J 28 -J of � I• n - � J-13 `�.�7 \\ /-� - wr,;cP P, t f• o -.0011 i—_ ! / . •.� IBJ �% ' "}"llc � � '�— y /✓ . r .A PA . 1t i l_ISHIN . a . EXHIBIT EI41 Ott_ ��kop• .1 � i` �' �. DD , {' 1 RD 5 4 2 t 1 1 Pond EP -4 26 2 Proposed 2 Storm Sewt 3 011-50 25 4 24 �� - N BN�ERSOT- LL o0 G� 5 1st. ADD' 2 PSC, Maintain Ex. 16" ,per DIP F.M. t �yF � r Pond NEP-2 011-75 0 300 600 Scale in feet J C7 LU 2 O 4 17 3 5 6 7 8 IPA '9th y 060-08 Future Pond o'er -10- 010-29 010-29 sti) TRAWBY 1st. ADD. xisti ::;:._::: Ex. 36" Culvert := Proposed 12" Storm Sewer 011-50 010-53 Pond EP -4A Tranby 1st Addition , j Bonestroo EvOl""n Storm Sewer improvements Rose" Anderiik 8 Eagan, Minnesota Associates Bt, Paul, 4flnM001a City Project No. 591 Dote: April 1990 Comm. 49507 Fi7No. EXHIBIT F 3 I ''r\ . 011-50 4 906 N�ERgO 2 5 011— p 50 1 St. ADD- o 2 �2 1 r � � Ex. 18" Sanitary Sewer 011-75 I Proposed 8" Sanitary Sewer 011-50 Lateral Assessment Assessable Footage 0 300 600 Scale in feet Tranby let Addition San. Sewer and Assessments Eagan, Minnesota City Project No. 591 EXHIBIT G 16) 0 TPO'ev 1.9t.ADD• 010-53 N 010-53 � Bonestroo rw Enpl*rs dMrANsels % Hoene O Anderlik & Associates s,, Paul ul"POWIS Date: April 1990 Comm. 49507 Fig. No. 5 J 101-01 m s 4 1 3 9 s 4 3 11 ' 27 1 26 EA R 25 PARK N0. 24 21 22 23 20 G 7 ms 1 '4fIE�Ye � fiy ems% �q 4 � �sJ 1 5 BNSE f?SO 1 ST ADD. 9 181-03 10 11 12 13 T NBY 1ST 011-73 ADDITION 14 191-04 0 600 1200 iiiiwo Scale in feet U.S H/G,yy..4Y /yo. 55 I til 7 31g11S t 7 4 17 1 2 6 Q 5 3 2 5 y rtis£ �.y 7 t t 12 3 4 ' 060-08 2 4 2 5 4 4 13 t! 67 111 CHAPEL 10 9 BENIFITTED -LATERAL ASSESSMENT AREA 030-52 050-52 7 5 1 2 3 H Q 2 3 2 1s a 3 17 v. 45 16 Y: y o .�1 1-RLAL ARKUZND ADD- PARK pp. P Tranb 1st Addition BonestrooMC:Q enoln«r, �,ivet,lt•ot. Y Aosene Storm Sewer ImprovementsAasoclak & Assessment Map St. Pain Ylnn.aota City Project No. 591 Date: April Fi9• No. 2 EXF+I BIT H 101-02 ti 102-02 101-01 4 3 1 27 PARK 21 26 25 24 22 23 B0 gORGE C RSO ' ADD' T m . e 0 191-03 10 11 Y 12 31 13 TW NBY 1ST o11 -7s ADDITION 191-04 14 0 600 1200 Scale in feet Tranby let Addition Ponding Improvements Assessment Map City Project No. 591 EXFU BIT I 010-29 030-52 050-52 12 BENIFITTED LATERAL ASSESSMENT AREA PONDING 010-53 011 -so 7-7 1 EAGAN AL IND NS - ADD. PARK 2ND Bonest roo E"°r""n b �.ehrt•�t. NEM Rosene Anderlik & Associates —J Date: April 1990 Comm. 49507 Fig. Na. 4 612 681 4612 10-02-95 03:41PM FROM CITY OF EAGAN TO 96814360 To: Mr. Tom Hedges 9-27-95 City of Eagan 3830 Pilot Knob Rd. Eagan Mn. From: Richard Chapdelaine Joseph Chapdelaine Subject. improvement project * 381 assessments P002 We appreciate the Public Works Committee meeting with Martin Desiauriers and Don Chapdelaine who are assisting us in our effort to reach an agreement on an equitable adjustment On our area storm water assessment. - — We are requesting that the assessment on Parcel numbers 010-30,010-.52 and 020-52 be calculated by dividing the actual cost of project 381 by the total number of acres being aervud and multiplied by the number of acres contained in the parcels listed above. Example: Actual cost of $245,000 divided by 700 acres equals 350 per acre actual cost multiplied by 4.35 acres equals $1522 . The total adjustment based on actual cost of the project plus the interest on the differential can be credited to the cost of the lateral and ponding; at the time the property is developed. This request is based on the adjustracnts received by those property owners who threatened legal action at the time of the assessment.We realize that there is no legal recourse available to us at this time and appeal to the city catincil to treat us in a fair, equitable and ethical manner. In addition, we would appreciate the city being helpful to the business that may purchase this property in determining the estimated cost of the lateral sewer line and ponding.. Sincerely Richard Chapdelaine oseph Chapdelaine /.3 LARRY S. SEVERSON JAMES F. SHELDON MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA October 10, 1995 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7538 (612)432-3136 TELEFAX NUMBER 432-3780 Shawn Hunter, Councilmember Ted Wachter, Councilmember Tom Colbert, Director of Public Works 3830 Pilot Knob Road Eagan, MN 55122 RE: 429 Assessments Gentlemen: LOREN M.SOLFEST ANNETTE M. MARGARIT SHARON K. HILLS ROBERT B. BAUER CHRISTOPHER A. GROVE The Public Works Committee asked what may be assessed as part of a public improvement project. Minnesota Statutes Section 429.051 provides that: the cost of any improvement, or any part thereof maybe assessed... The cost of the project is determined by the City Council under Minnesota Statutes 429.061 and by Minnesota case law. Minnesota Statutes 429.061 provides that: At any time after the expense incurred or to be incurred in making an improvement shall be calculated under direction of the council, the council shall determine by resolution the amount of the total expense the municipality will.pay, other than the amount, if any, which it will pay as a property owner and the amount to be assessed. Based on the foregoing, the.Council has the authority to assess the total cost of the project, "whether or not any part of the cost of the improvement is paid from the County State Aid Highway Fund, the Municipal State Aid Street Fund, or the Trunk Highway Fund." (Minn. Section 429.051). The area assessed may be less than but may not exceed the area proposed to be assessed as stated in the Notice of Hearing on the improvement except as provided below. Recovery From Previouly Unassessed Abutting Properties Where the City does not assess abutting property for all or any portion of the cost of a water, INDIVIDUAL ATTORNEYS ALSO Ll SED IN IOWA OR WISCONSIN 'CERTIFIED REAL PROPERTY LAW SPECIALIST. MSBA Page 2 October 10, 1995 storm sewer, or sanitary sewer improvement by levying special assessments, it may subsequently reimburse itself for those costs by levying additional special assessments on any properties abutting on but not previously assessed for the improvement, on notice and hearing as provided for the assessments initially made." ( iM &AL Section 429.051) That means the City may specially assess additional lands, upon which it may establish the requisite benefit, by levying special assessments on properties which abut the improvement but which have not previously been assessed, provided that notice and hearing is provided for as the assessments when initially made. Recovery from Non -Abutting Properties, The City may also specially assess unrecovered cost for prior improvements when one or more later extensions or improvements are made by adding all or any portion of the unrecovered prior cost to the special assessments levied for any such later extension or improvement. It is required, however, that the notice of any such additional amount to be assessed must be included in the notice of hearing on the making of such extensions or improvements. These additional assessments are authorized whether or not the properties to be assessed were included in the area described in the notice of hearing on the making of the original improvement. Thus, with respect to special assessments under Minnesota Statutes Chapter 429.021 et. seq., the City is entitled to recover all costs of the project (provided it can establish a special benefit to the property owners) for 1) the property initially assessed under a project; and 2)unrecovered prior costs for sewer, sanitary and water projects for A) property abutting the project but not initially assessed provided that notice and hearing is proper; and B) from non -abutting property, so long as notification is given on the future project which involves the later extension or improvement of the prior project. If you have any other questions, please feel free to contact us. Very truly yours, '� James F Sheldon JF 1 J3 PUBLIC WORKS COMMITTEE MEETING September 20, 1995 At 4:00 p.m. on Wednesday, September 20, 1995, the Public Works Committee convened at the Blackhawk Muddle School. In attendance were Committee Chair Councilmember Ted Wachter, Councilmember Shawn Hunter, City Administrator Tom Hedges, Public Works Director Tom Colbert, and Assistant City Engineer Mike Foertsch. LEROY CHAPDELAINE - REVIEW DEVELOPMENT REQUIREMENT FOR STORM SEWER The LeRoy Chapdelaine property was represented by Mr. Don Chapdelaine and Mr. Martin DesLauriers. Mr. DesLaurier informed the Committee that a potential buyer for the property backed out of the acquisition after learning from the City that there would be storm sewer ponding and a lateral drainage system required to accommodate the development. Mr. DesLaurier then indicated that he researched City files to determine the extent of this new storm sewer requirement in relationship to previous storm sewer assessments. His first question related to the rationale for the property being assessed under Project 381 in 1984. Tom Colbert explained the details associated with that project, the assessable area and the assessments against the Chapdelaine property in question. Don Chapdelaine indicated he understood the explanation and then wanted to proceed with additional questions. Mr. DesLaurier then questioned the amount of the assessment in relationship to the project cost.. Councilmember Hunter responded with an explanation regarding the uniformity of the City's Assessment Policy and its history. Tom Colbert added additional information explaining the difference between the trunk storm sewer system assessed under Project 381 and the lateral storm sewer system required with future development. Mr. DesLaurier then questioned why the Chapdelaine assessment wasn't reduced similar to the Borchert -Ingersoll and Gopher Smelting property. A general discussion followed regarding the special assessment appeal process associated with public improvements and the rationale of fairness and equity of applying a uniform rate to all similar classifications of property on a City-wide basis in lieu of adjusting rates specifically for individual drainage basins. Councilmember Hunter then requested the City Attorney to review the City's method of applying a uniform rate on a project -by -project basis and to comment on its appropriateness and legality. Don Chapdelaine then submitted a proposal for the Committee's consideration of calculating what the assessment rate would be based on the construction costs for Project 381 and compare it to the assessment amount levied and credit the difference towards any future storm sewer lateral and ponding costs that may be required with future development. The Committee indicated it would take it under consideration and let Mr. Chapdelaine know of their position. 116 DON KLEIN - REVIEW SANITARY SEWER AVAILABILITY OPTIONS I& Klein was present and explained the current condition of his onsite septic system and the history of problems he has had requiring him to hook up to the City's sewer system as soon as possible. Tom Colbert then reviewed the design options and cost estimates associated with extending lateral sanitary sewer to Mr. Klein's property and its possible extension southerly along the east side of Dodd Road to ultimately service the remaining large lot undeveloped agricultural properties in the immediate area. Mr. Klein indicated that after reviewing the costs associated with bringing sanitary sewer across Dodd Road and his potential assessment, he felt the quickest and most economical method would be to extend a long private sanitary sewer service from Witham Lane. Councilmember Wachter questioned whether this would allow the future subdivision of Mr. Klein's property to maximize development potential. Tom Colbert recommended that Mr. Klein provide a layout of his property identifying potential future lots so thax Mr. Klein could locate his sewer service along a common lot line allowing maximum flexibility for future development options. Mr. Wachter then summarized the discussion indicating that Mr. Klein's proposed sewer service extension from Witham Lane was most practical but also expressed concern regarding providing sanitary sewer service to the remaining undeveloped properties to the south in a scheduled and timely manner. The Public Works Committee meeting then adjourned at 5:00 p.m. Respect submitted by irector of Public Works TACfj L `r city of eagan MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: OCTOBER 10, 1995 SUBJECT: ARCHITECTURAL PRECAST COLOR CORRECTION AND GUARANTEE As you are aware the color. matches of the exterior finishes was a priority for the expansion and remodeling project, especially given the relationship of the additions to the existing building. For this reason, the architect and construction manager raised the color issue with the Del's Construction, masonry contractor, and Artstone, the product supplier, in early July when the material was delivered. Artstone indicated on the day after it was delivered that the precast would match the approved sample after it was acid washed and given a chance to cure. Based upon the supplier's assurance, E&V permitted the mason to install the material along with the brick work. In August, during site observations, the architect again noted the color and that it had not changed substantially in the time it was on site. It was noted at that time that the material should be acid washed to determine whether Artstone was correct about the color match. The mason and Artstone_ were put on notice that the color needed to be corrected. Staff met with the architect, construction manager, mason and Artstone on site in September. It was noted that despite two months of weathering and an acid wash, the material was still substantially darker than the precast on the existing building and the Police addition. It is also substantially darker than the approved sample. We informed Artstone that it would not be acceptable to leave the material as it is and wait to see if it weathered to the appropriate color. Alternative correction methods were discussed. Artstone indicated that it had success with a "re -coating" process for weathered precast in other projects. They indicated that this method would achieve the color match and that it would weather uniformly in the long run to preserve a consistent match with the existing material. Staff indicated that this would only be acceptable if it achieved the color match necessary and a sufficient guarantee was provided to insure that any failure in the long term would be corrected. The architect suggested that twenty years would meet an industry standard for this type of material. E On this basis, Artstone faxed a letter to the architect on October 2 which guaranteed the recoating process for twenty-five years and requesting authorization to proceed. The architect advised staff that this was a very good duration for such a guarantee and the work was authorized. Absent this information, the City Council discussed the precast color at its meeting of the October 2 and asked that a long-term guarantee be secured or that the material be replaced. Staff discussed the guarantee and the Council direction with the City Attorney on October 3. He indicated that product guarantees must meet industry standards to be reasonable. Since the architects requested at least a twenty year guarantee and the vendor is offering twenty-five, it appears to meet this test. As a follow up however, staff has asked Artstone to clarify the remedies proposed under the guarantee. If the re -coating fails after twenty years, another re -coating may be an appropriate remedy. If the it fails in a short period of time, then replacement of the precast itself would be more reasonable. This clarification was also suggested by the City Attorney. Background material as well as a copy of the staff's letter is attached for the Public Works Committee's review. If you have any questions, please let me know. As ' tant to t e City Administrator Att. M, PROJECT DAILY LOG C DISTRIBUTION a rEuow . flEin ` EXTRA WORK GAILY LOG PROJECT NO WEATHER Rd t [] TEMPERATURE �1 r ASSESSMENT OF DAYS PRODUCTION SIGNIFICANT MATERIALS AND/OR EQUIPMENT RECEIVED THIS DATE • a .� a lmjllll� 17 i 11, - --� a.rr.tcck r r. 1.�A LT N ••, ... 'Ti a �� ti r LJyv1 a.a I .. 'iri. i Ca +ate t,rr 'T1+s t w. Y r► �I .�-r G • t to a a.4- -TM C-e16-9ou r oIIL' !S *&j �, l T. -nme, L4 {CONTINUE ON FORM CM -272-8) fMM CM - 172 E a V MOUAM MiCH. - SIGNED ---J&k�� l� DATE Iltt..l4S Ap., ry PA r 4-.rz- 32s-c 4!r DEL'S CONSTRUCTION COMPANY, INC. GENERAL CONTRACTOR ROUTE 1, BOX 7B - LE SUEUR, MINNESOTA 56058 PHONE: (612) 665-6481 FAX: (612) 665-2591 July 12, 1995 Nancy Fogelberg American Artstone Co. 224 North Third Street P. 0.. Box 425 New Ulm, MN 56073 In Re: Eagan City Hall Addition/Renovation Eagan, Minnesota Dear Nancy: Just a note to confirm our phone conversation from this morning. The finish on the architectural precast appears to be "pinker" than the sample approved (69-95 Medium). You indicated that the precast will get lighter as it continues to cure and, combined with washing, will match the approved sample. We will begin installing the precast today, so I appreciated your quick response to this matter. Sincerely, 4 Henry Endres, Vice President HE ; j mp CC: C?fiil Olson, E & V t TO: Henry Endres Ders Construction FROM: Cheryl Badinger E&V, Incorporated COPY TO: Phil Olson E&V, Incorporated DATE: August 11, 1995 RE: Eagan City Hall Architectural Site Observation dated August 4, 1995 Attached is a site observation report dated August 4, 1995 from Thorbeck Architects. Review "Action to be taken" and correct items pertaining to your bid division. Attached is a site observation report from Thorbeck Architects dated August 7, 1995 regarding the coloring of the precaste band for your information. You may wish to forward this on to Artstone so they are aware of the Architect's concerns. If you have any questions, feel free to contact me. CLB Attachment I c) 3 e thorbeck- A R C N i T E C T s quG o 95 Project: Eagan City Hall Remodeling d: Addition Purpose: Site Observation Conditions: Cloudy, light to heavy rain, 82 degrees. Present: Dan Weatherman Thorbwk ArchimetLtd. Phil Olson E dt V, Inc. John Clark BKBM, Inc. From: Dan Weatherman q'a Date: August 4, 1995 TEEMS OBSERVED Upper Level L Majority of gypsum board installed. 2. Structure in place for rain stairs. 3. Nath addition: Furring Partially installed Wood blocking in place at new openings. 1/3 of windows in place. • Majority of precast bullnose cut bads. 4. Majority of sprinkler heads in place 5. Curved wall was revised. Roof 6. Membrane, ballast and blocking in place at new roofs. - 7. Noah Addition: -- - - ■ Wood blocking in place at windows. Some new windows installed (5) on north and east . • Some ductwork in place. 8. . Concrete slab poured at south addition, excluding dais and ramp. 9. Majority of steel studs in place. 10. Cellular concrete in place, still wet - Exterior 11. Brickwork done an north addition. 12. Framing and w.p. gypsum board in place at heads of curtain wall. 13. Brick completed up to bullnose Leight on south wall. Y4. Both cetto1 and nylon weep topes fitstaU& 15. South wall knocked down to 3112 coarses Aove bottom of de &. 16. Bullnose p+acast appears to be quite orange when wet. Lower Level 17. Opening cut in near e�w.c. 18. Majority of swichgew installed. 19. Studs in place at Boiler Room and Corridor to Police aX 1409 willow street minnespolis, inn 55403 612 a 871 7979 fax: 871 8088 3 ITEMS DISCUSSED A. Add one (1) layer gypsum board on end of smb watts at each end of curved wall. B. Phil asked what should be done with existing register between Room 237 (Kirch m) and 236 (Meeting Room). Dam will have Satmh respond.. C. At Door 236C, it is acceptable to have existing gypsum board slightly cover the fiume bead D. Discussed 7 overhang of floor on east srde of Room 206. Fuut upping should be added in stairwell construction where abutting upper floor construction at Room 206. E. Phil said City wants south wall to remain at height currently demolished A bond beam will be added on top of remaining wall. ACTION TO BE TAKEN 1. Refer to Item g 14 above. Specifications require cotton cords. 'aaj�� (,a1•+�� 2. Refer to Item g 16 above. Verify color of precast. See memo dated August 7. 1995. COPY Cheryl Badinger, Phil Olson, E&V Inc.. Jon Hohensteim City of Eagan, Norm Klaassen, Dennis Goodoo, Sameesb Chezu km -4 BKBM, File 624B C�as C ti,oTheck A R C M 1 T E C -T 8 MEMORANDUM Date:. . August �,199s AUGG 1 p 1955 - To: Cheryl BadiW, E&V Project: Eagan City Hall Project No: 624 B Subject: Precast concrete bullnose band Memo By. Dan Weatherman On the site observation conducted August 4,1995, it was observed that the precast concrete appears to be quite orange in color. Observation was difficult as the precast was coveted with plastic, wet and not adjaoent to any existing precast concrete. Phil Olson stated that he was swain of the Precast color aught be -4)fr and that the supplier assured him that the color would be correct once cleaned and weathered a few weelm. lbat claim seems somewhat dubious. Y observation under better conditions shows that the color is incorrect, the work will be x Copy. Jon Hohenstein Phil Olson 1409 willow street mennespolis, mn 55403 612 • 871 • 7979 fax: 871 • 8088 A8/15/95 15:44 V507 354 7771 ARTSTONE OD. IDOl P.O. Bog 425 New Ulm. MN 56073 Wats 800-967-2076 Fax 507-354-7771 August 15, 1995 Henry Endres Dells Construction Rt 1 Box 7B Le Sueur, NST 56056 RE: Eagan City Hall Dear Henry, The ndarknessn of our product is a direct cause of curing time. As we have discussed, the longer the stone is on the jobsite, exposed to the weather, the lighter it will aapear as it cures. This curing time can take up to a year depending on weather conditions. I appreciate your contacting Artstone as soon as there was a concern. As I mentioned in our earlier conversation, we immediately double checked our sample and mix formula and they are one in the same. One reason, other than -curing time, there Z9mihta small difference is that the staple was cast face up the product on the job was cast face down. But in time this will even out. If there are any further questions, or concerns, please contact me. Sincerely, C�) ........... I I i.." 116� ARCHITECTURAL, PRECAST/CAST STONE MANUFACTURER SINCE 1914 d r 1 r1-1 Qui- I CZ- wo C(Xl -&cw 7"q r TO: Henry Endres Del's Construction Company FROM: Cheryl Badinger E&V, Incorporated COPY TO: Phil Olson E&V, Incorporated DATE: August 25, 1995 RE: Eagan City Hall Architect Site Observation dated August 16, 1995 Attached is a copy of Archtitect Site Observation dated August 16, 1995. Note the "Action To Be Taken" Section. Please comply or make connections as stated. if you have any concerns or questions, please contact me. CLB Attachment thoib eck A R C H i T E C T f Project: Eagan City Hall Remodeling & Addition Purpose: Site Observation Conditions: Overcast, 72 degrees, site moderately wet. Present: Dan Weatherman TLorbeck Architect Ltd. Phil Olson E & V Inc. - Cheryl Badinger E & V Inc. Jon Hohenstein City of Eagan From: Dan Weatherman Date: August 16, 1995 ITEMS OBSERVED Exterior I. South addition: a. Brick being laid at south and east wail of lunchroom b. Control joints not yet installed at east wall of Council Chambers. c. Precast bullnose band still appears to be quite orange. d. Vestibule caul in place, stone being installed. Tine honed stones appear to be quite dark and are much Aaricer than the sample approved. - 2. North addition brickwork is complete. Brick has some fairly bright orange in it which is not present in the sample. 3. Transformers and pads in place. 4. Brick at -new windows on the west side is largely toothed in. Lintel is grouted in solid adjacent to an expansion joint. . 5. The roof curb is in place at the north. shag Roof membrane and ballast in place over - - �ouricSCliais: TTie iia ori of ivo - ty flng'is riow.complete.- --- - -- - - Lower Level 6. Concrete pals poured for mechanical equipment. 7. Opening cut into north shaft. 8. Steel studs in place at the mechanical areas. Electrical roughed in. Entry Level 9. Curved stair section in place. 10. Council Chamber: Dais area floor in place. No sprinkler lines or conduit in place overhead yet. Beam running southwest to northeast has angle braces added. Conduits stubbed in at floor. 11. Observed open block cares at nubs & amd northwest corners of elevator shaft, due to demolition of adjacent walls. 12. Ten new windows are in place art the north addi don, are not yet flasbed or caulloed. i`. Upper Level 13. Popping in place in the Lunchroom. 14. Gypsum board being installed. 15. Windows, faring and studs in place in the north addition. 1409 willow street minnespaiis. mn 55403 w :4 612 • 871 •• 79 ?9 fax: 871 • 8088 C� q3�+ yE 4 ITEMS DISCUSSED A. Phil asked if the video monitor in Lobby C 104 could be moved west 11" to avoid an adjacent lintel. Dan said to maintain present location in order to maintain length of computer carter. B. Expansion joints will be cut into block of east wall of the Council Chambers. It is acceptable to install the brick expansion joints at the corners rather than as indicated on the elevations. C. In Rooms 126,127 and 128 it was decided not to take the option of new gypsum board to replace the existing due to the cost. The existing should be patched and repaired as noted on the drawings. D. In the same area as Item C above, Jon preferred that the sillcock shown located in the south end of the east wall be located in the north end. Phil said that would work better mechanically. Dan approved north location. E. Discussed dark stone with Phil. Dan said it appears to be much darker than the samples. 'ACTION TO BE TAKEN G� 1. See Item #lc above. Clean a section of brick and precast bullnose for observation by architect at next site visit. Artstone's claim that the color will change with cleaning and weathering we suspect If the cleaned precast does not match the approved sample, the work will be rejected. 2. See Item #ld above. Replace the dark honed stone with stone matching the sample. Copy: Cheryl Badinger, Phil Olson; E&V Inc., Jon Hohenstein; City of Eagan, Norm Klaassen, Dennis Goodno, Sateesh Cherukuri; BKBM, File 624B 30 MEMO TO: Henry Endres -" Del's Construction COPY TO: 'Z&V, FROM: Cheryl Badinger E&V, Incorporated DATE: October 2, 1995 RE: Eagan City Hall - Artstone Corrections Attached is a letter from Thorbeck Architects regarding Artstone's guarantee for re -coating the architectural precast. Please have them proceed with the corrective work if they can comply with the Architect's requirements. CLB Attachment `3/ 1. YL. aro' i 2.7-1 isaw's 1441 I11AxT.sTONE. co. 0 001 P.O. Boa 425 New Ulm, MN W078 October 2, 1995 Dan WeathenTan Thorbeck Architects Ltd. 1409 Willow Street Mills.., MIST 55403 RE: Eagan City Hali Dear Dan, tstone Wats 800-967-2076 Fax 607-854.7771 Artstone will guarantee the re-ooating our product fora period of 25 years. This amount of time will =re than answer the question if our re -coating will past the test of time. As we have discussed, this is a practice we have used over the years and are comfortable that it will solve the concern of color. As was said during our on site visit, we use a bonding agent that is specifically manufactured for this type of use. At this time I have a crew ready to be at the Eagan project tomorrow, October 3rd., to take advantage of the weather condi t i ons . However; I need a verbal "go" from you by ipm today in order for this to happen. Please respond as soon as possible. If there are further questions, please contact me. _qinr-rely w ARCFiI'L'ECrURAL PRECAST/CAST STONE MANUFACTURER. SINCE 1914 OST— 2— 9 5 MON 1 M C S 8 T H O R M E C K ARCHITECTS L T D thorbeck A R C M I T a t T a Svftd er 29.1995 Ms. Ceryl Badinger Z&V, Inc. 5801 Duluth street Suite 345 Golden Valley. UN 55427 Re: Artstone cocrecoon Eagan City Hall Dear Cheryl: Nancy Fogelberg of Attstone bas faxed to us a letter guaranteeing the re -coating of the new precast bullnose for a period of twenty-five years. We understarA based upon the site meeting to discuss the issue. that the older existing pt+ecast buDnose adjacent to the new will be tn-coated if tine newly m4oated precast does = match. We accept the the it -coating dcscnssed, assuming the gurarantee wilt also cover the re -coating of the existing, if required. Sinoerciy, �! �j Dan Weatherman copy: Jon Hohenmin Po*W Fax Note 7671 Dat. 10 � Z ► Z 7b �$ Free Tb,� w CQM"L Co. now/ Plrxr a Fax • Ftue 3-3 1409 willow air44/ m1n11saoolt&, mn ss4n3 6 6 2 • A 1 3 •/ 9 711 lea' !71 • hoaa P F3 1 I S� s.M xv� City► vF cagan Dear Ms. Fogelberg: We are in receipt of your letter of October 2, 1995 stating your guarantee of the re -coating of your precast product for a period of 25 years. In order to satisfy the needs of our City Council, it is necessary to clarify the remedies anticipated under the guarantee in the event of a failure. We appreciate your assurance under the guarantee. A reasonable, long-term guarantee is essential since the color match issue was raised and documented by E&V, our construction manager, and Thorbeck Architects, the project designer, before installation. Installation of the material was permitted on the basis of your assurance that the material would weather to a finish comparable to the approved sample. Since that time, I believe you have agreed that the product has not changed color substantially and that correction is necessary to achieve a color match. Given the prior notice and the opportunity it presented to have replaced the product prior to installation, our City Council is understandably concerned about the quality and durability of the re -coating correction. Therefore, please provide the clarification requested above within seven days. Thank you in advance for your response in this regard. Sincerely, Thomas L. Hedges City Administrator cc: Cheryl Badinger, E&V Dan Weatherman, Thorbeck Architects MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 681-4600 FAX: (612) 681-4612 TDD: (612) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681-4360 TDD: (612) 454.8535 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER October 10, 1995 SANDRA A. MASIN THEODORE WACHTER Council Members NANCY FOGELBERG THOMAS HEDGES P.O. BOX 425 City Administrator NEW ULM, MN 56073 E. J. VAN OVERBEKE City Clerk RE: PRECAST RE -COAT GUARANTEE Dear Ms. Fogelberg: We are in receipt of your letter of October 2, 1995 stating your guarantee of the re -coating of your precast product for a period of 25 years. In order to satisfy the needs of our City Council, it is necessary to clarify the remedies anticipated under the guarantee in the event of a failure. We appreciate your assurance under the guarantee. A reasonable, long-term guarantee is essential since the color match issue was raised and documented by E&V, our construction manager, and Thorbeck Architects, the project designer, before installation. Installation of the material was permitted on the basis of your assurance that the material would weather to a finish comparable to the approved sample. Since that time, I believe you have agreed that the product has not changed color substantially and that correction is necessary to achieve a color match. Given the prior notice and the opportunity it presented to have replaced the product prior to installation, our City Council is understandably concerned about the quality and durability of the re -coating correction. Therefore, please provide the clarification requested above within seven days. Thank you in advance for your response in this regard. Sincerely, Thomas L. Hedges City Administrator cc: Cheryl Badinger, E&V Dan Weatherman, Thorbeck Architects MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 681-4600 FAX: (612) 681-4612 TDD: (612) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681-4360 TDD: (612) 454.8535 PUBLIC WORKS COMMITTEE MEETING OCTOBER 17, 1995 MINUTES The meeting of the Public Works Committee was convened at 4:15 PM at the Blackhawk Middle School. In attendance were Committee Chair Council Member Ted Wachter, Council Member Shawn Hunter, City Administrator Tom Hedges, Assistant City Administrator Jon Hohenstein, Director of Public Works Tom Colbert and City Attorney Jim Sheldon. RICHARD AND JOSEPH CHAPDELAINE-REQUEST FOR STORM SEWER ASSESSMENT ADJUSTMENT Richard and Joseph Chapdelaine were represented by Don Chapdelaine who provided a brief summary of the concerns and requests to be considered by the Public Works Committee. Don Chapdelaine Indicated that Joe and Richard had a basic lack of understanding of the City's special assessment policies and processes in the relationship between trunk area storm sewer assessments and future lateral and ponding storm sewer requirements. They were basically agricultural land holders who had no business interests in mind for the property at the time and had not retained legal services to represent them in regards to their final assessments for Project 381 in 1985. In response to council member Wachter's inquiry as to whether proposed pond would still be needed on the property with future development,Public Works Director, Colbert explained that there are several options available to handle the future increase run-off associated with development, of which ponding is one alternative. Colbert further explained that any reference to a pending assessment has been removed from the property to avoid further confusion. In response to council member Hunter's inquiry, Colbert responded that the City always uses pre- determined set special assessment rates for trunk area improvements. Hunter then further inquired as to whether this was legal. City Attorney Sheldon explained the special assessment law using a concept example of how accumulative projects of the City's comprehensive master plan support the City's overall set special assessment fee schedule for similar zoned property throughout the community. He further explained the relationship between special assessments under State Statute 429 and connection charges under Statute 444. In response to council member Hunter's inquiry as to what other cities employ this means of assessments and fee collections, Sheldon responded that Burnsville,Apple Valley, Rosemount and other similar cities presently do so. Hunter then inquired as to whether any of those communities have been challenged for those methods employed. Sheldon sited the specifics of the Lakeville case(Crown Cork& Seal)where the City recovered court deleted special assessment fees through the connection fee process. Council member Wachter then reviewed the special assessment levy and appeal process. With this project being ten years old, he reasoned that it would not be appropriate to open up the process for this request in fairness to all other property owners and recommended that no adjustment to the levied assessment be made as requested. Council member Hunter concurred with Wachter and stated his belief that the City employs the perfect process which deals with appeals on a case by case basis at the time of the final assessment hearing. Don Chapdelaine inquired about the connection fee process wondering if properties whose assessment had been reduced through the appeal process would receive a subsequent connection charge at the time of development. City attorney Sheldon indicated that he would research that question. Committee Chair Wachter then stated that the committee's recommendation would be forwarded to the City Council at their November 6th regular meeting. The committee then restated Mr. Chapdelaine's question wondering if a property has received less than a full assessment for trunk improvements, what would be the future connection charge. MUNICIPAL CENTER EXPANSION-MATERIAL GUARANTEE This discussion pertained to the color of the pre-cast sandstone bull nose trim for the Municipal Center expansion and remodeling project. Councilman Wachter opened the discussion by indicating that the color is still less than desired. City Administrator Hedges related discussions recently held with the Contractor and had reviewed various options with the City Attorney. The Contractor had reiterated his confidence that the color will match citing the company's past history of satisfactory work and their years of experience. Hedges then distributed a memo from the Assistant to the Administrator Hohenstein regarding the types of guarantee the City can expect from the Contractor. Council member Hunter questioned whether the guarantee would include full replacement at a later date. Hohenstein indicated that the guarantee would need further clarification reflecting the value of the product taking into account its remaining useful life at the time that the guarantee was to be enforced. Council member Wachter requested that additional information be provided when it becomes available. Hohenstein indicated that the first objective of the City is to achieve a satisfactory color match and the second objective will be to receive an adequate guarantee. There was no further discussion or action regarding this item. There being no other business to discuss, the Public Works Committee Meeting adjourned at 5 PM. Respectfully Submitted, ///t3r_ Thomas A. Colbert,P.E. Public Works Director TAC/lj 1irnwcM95.sm III. RICHARD & JOSEPH CHAPDELAINE PROPERTY Parcels 010-30, 010-52 & 020-52, Section 12- Storm Sewer Adjustment REQUEST Richard & Joseph Chapdelaine have requested the City of Eagan to recalculate the special assessments levied under Project 381 in 1984 and credit any excess revenue against future storm sewer lateral and ponding requirements as necessary to service future development. The enclosed letter further delineates this request. BACKGROUND On September 20, 1995, Richard and Joseph were represented by Mr. Martin DesLauries and Mr. Don Chapdelaine in initiating a similar request to the Public Works Committee. The Public Works Committee requested City staff to calculate what the assessment would be based on the property owner's requested method and also the City Attorney to respond to the appropriateness of the City's method of levying trunk area storm sewer assessments under Project 381. Enclosed is the City Attorney's response. The following information pertains to Project 381 which was assessed in 1984. Total Area Assessed 169.6 acres Total Amount Assessed $460,063 Total Contract Cost $245,000 Single Family/Ag. Property Rate 4.31 c/sf(Fee Schedule) Commercial/Ind. Rate 6.47¢/sf(Fee Schedule) Single Family/Ag. Rate 2.247c/sf(actual cost rate) Commercialandustrial Rate 3.37(g/sf(actual cost rate) Parcel 010-30 116,720 sf $7552 (Project 381certified assessment) 11 $3,933 (Project 381 based on actual cost) " " $3,619 (difference) Parcel 010-52 39,375 sf " - " $711* (Project 381 certified assessment) If $1,327 (Project 381 based on actual cost) " ff $616 (difference) Parcel 20-52 46,750 sf $711* (Project 381 certified assessment) If $1,575 (Project 381 based on actual cost) " $864 (difference) *Based on Large Lot Credit for Residential use of Industrial zoned property. ISSUES While the assessment revenue ($460,000) for Project 381 exceeded the project costs ($245,000 Contract 83-17), it does not take into consideration the construction costs of the ultimate downstream trunk area storm sewer from this trunk drainage pond (EP-1) down to the Minnesota River Valley that was constructed as a part of I-494. Even though trunk highway funds were used to finance a major portion of that trunk storm sewer outlet,the City Attorney has indicated that those total construction costs(which greatly exceeded the assessment revenue) can be used to support the assessment revenue generated under Project 381. The applicants also raised a concern about a pending assessment being referenced for these parcels for future storm sewer requirements. This pending has been removed from the City records and any potential additional storm sewer requirements will be identified specifically with a future development proposal. ACTION FOR CONSIDERATION: 1. Reaffirm previously levied assessments for Project 381 or 2. Modify the previously levied trunk area storm sewer assessment under Project 381 based on 2.24%/sf(Single Family/Agricultural) or 3.37¢/sf(Commercial/Industrial). (A determination should be made as to whether Agricultural or Commercial/Industrial rates should be used.) DISCUSSION/RECOMMENDATION , U•1 \-, i I.(.� ...iv,./ ! 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CARRIAGE • - -___-• • : --•------_ I , A SS E SS M N Lc,H,-.,I• / HILLS 7._.. .. r...– No.ACE GOLF kg r COURSE ( GARDf N LlTS AREA►I .' •i,1'1 . t TRAILS I - - / =j - � n , % \ 1 • POND EP - 1 ( BORCHERT - INGERSOLL POND ) TRUNK STORM SEWER OUTLET PROJECT No. 381 FIGURE 2 OONESTROO, ROSENE, AMOERUK & ASSOC., INC File: 49279 EXHIBIT A • ��.," le'4J 880 5 ' -� _ 36' - : i�\ r.;ti F. P-I 1, . - -3- ,,--- FP 4 / d324-3":, � '8 8 8 r3 / 856.0 : 1,,, ' i /'`� - �8.39.ft.L:`. I I1 '-3 m1l890: F �y 15' •tt 862.0 N fir, - ,--c\\,‘.. It r �� _ 1 / l�i �HP-10 ,� - � FARt<��s.� ;�..� � \, ,Q FPl 5 ` � i 863.5 �- FP-4•," $59.5 / - _' .�.> ,\ `+. \ ...v'`a++Pr.8.38101-p 867,0'' C FP-7,I 850.I 894 0 p i "^nB43Jl�I DBE 1 -854 =m �._: F-f i I 87(.5 O / ;_' ..�/ %/ a~. '0 • FIRST < 975.0 ri PRT( s. \ ��� . ", 42" 7 ^ L/5.�12AE ! �� � \ � tsE RIDGE 72. 66 :-/.:,i12.12. �N I \ a C'nv npnlT,�r.r -� 864 0 - (�' P/ (,S ,Ig 1, ANDA L-EPz g"LR �� t -EP-P3 �. t 36" 1-----., %'�D I�? ''0 _ ,__-_-_-785 3.0 '-. N 839.0 P-7 �'� `.:.. FGP-i2 ;868.0 60s© _ --2--�-836.0 . 844.0 1 840.0 -- 880.0 1 840.0 I 852.6 27'''\.____ - 885.5 872:0 r-DP2" I., 111 11 84-6:0 _ .__ 4,' -- ,_. '878.0' $' ' ' 946.0 ` GP-I i I i -3:� G88D _ EP-I4 � � P C 89 [) EP' 13:i \ _C8 3 6.0 �_�''►�,� 82.0 t /i5.^ Q% n� I. IS" - I , � I ! 835,5 (. \847:01-7 840:0 �,t . T� .:_�"�'• '90.0)W - _ --tS�C'9r�-r-/ 2 eor:_,,.r.13�;,.&39.0�*T �i 850.0, 1 , \ _�•�•:� GP 1- Z9,4 N t I t t . 7 I ' f i .•1 1 +",� `' : 858�0 Iro ,oU I/ �L.S:30 1' -a. I ' GP-3 - 12u t�,�t > ._._ �_� 2 ;w �3fi �11ra �� �= 8042 .i-�o �aeA�a,a .zrE. t- sr""+GP- �,e !PJ19 1�-852.0 S8.43.0d L.S.LS 8t ,r 846.5 L J It - 84'-0 { $56.t1'_; f -8460 a +E` \\852.0 �ti'aj"\, ! Y8�6.0 ` '90.0.3.PTA III E I a -n POLAT�' Ic EP (' � �#� I t ,tL' - ,,0 39 �c 870,6 ! I I i 1 ( l I-° • I 8 44;0 \, D-�•\ \` A �i { I' x 855 0 ; ',,,,7 \ ' 3C"_to X59. i(( - .-r»- `.EP"'Z�y � r,-,.e . 'a-7 884.50i 0 ,Z 4 I ' i I I � I 1 ! r_--It--4 1\4 11 I I , \ .-IO= t' _ °-6t f DP- I I -'- i'r 3-!4th; 66 EP-2 E $ -9Z0O 57.31 1 856!0 i i I?that kki I 829.0 866'A' �"� fi 30' 6 5 i 1.17.11 864.0 1 ; : + (� _=� I 844.0 872.5 �1 r- G • I � hLt i'aRK= 1 \ L t i`y' �, i�catil -- - { - .•- (_L.l:ll I 115"_ - DP-.0; ' ti ba 83$:3 Jf3 76.3 • i !E� -- 1....\11/,`---'. 855. f 877.2 1 ' I ' �l �, d . L.S.-7 , �� ! I t 0.4 ��\ I ' -+ -- - IP 7::)m 3�' D-s� yy 1 1 1 N?5 -tn GrPFfE' G�1GAf l�1DU> 1✓�� - - -fl a _ SDP;-f0: zR 1 , i .� a2"• E d NO. 2 ADD. �f1� r d ,; - b •�r 's s, rs848'9'�k DP- ( E 12?.Eif i48+ J,i� s� + rii n+ - C cb�cpF 2H 862.8 858.3 -kgs, ....:i?.. - r' \ ' ark)4,2. I\ 100 I ADD. �a�J^ J 862.8 W -HILLS --- r�.t-.L, -T,hc1B�a0Pz. i7T ilk. .'., '-'•f + :'_:EP-2.3, I ,-f_- - L - . ■_ ' 984 2�;y'oD-0-w -2,2G 876.0 . ,�n,i,`. - P.' JF6ib 882.0_)_ JP-33.1 `� -tsF 85 .O-F { 870 0 ----JP-16.; 1 D�`it0L F t'nPhEN JP r 14 ---$-7. 41-_______---887855.35-.i 9 \ \��r- ; .. „+� , I g5 L$�'30 �� n�- . 4:141.4-"i;,`;11:'Q° 873.0 EF-2,1 V 15.^iT'DP�2 L` JP 882.0 864.3 8500 • \ JP-16 \ '`_ __ P. • �q 813k4 Z,3. 870.0 P- 3 874.7 JP-L. - G,_ •, 892, • � "P'_59 JF71L �, `s. ,183 0 879,4 8690 ,\ 2 � - I 2� j,.,. - 4� -s _a6d.0 . •)IS"n .•.-,•850. 886 7u. r_893'0' ��- VI -' Be 876:03-E y a, = X9/.5 'x;895$, -- �9 4} : �-4 2 ,,'�- ' '--S',' .j 12' ESC T X61 �` ui 888.0 /� -,899k50- 3 1 yam, 890.0 r ;Yr t �1 ^I, . } � t`•JP-32.2 lar: el $:a � ,` STATt, , ` „ :\ 1 l� .-171',T '�a91.6 890-.9C: /-7 • ,{4(� J P_-•ii 11 \, J P-18 .rd X ' . 1 'I- f_�vi L`� r 1Ti I '`10- '1 '892.6 _ N Ir �JP `f�N : ,�.a�sa �� 8so.o - •�. � J� 869.0 g gg ry 12 i J P-63 12 L, , '.7-ul 90:0'''xa �' � - T- f �V-'- Fi 1 - - - - - 899 7 . 0, syP=-�Z ( A> : A , �r - --' _ JP-II ,N. re�90J:t0~JP .3g1L,888:0 ,3i - 6. V f /2 1 _.1, \ •��� ' . . 815 7 Ift�:-•1-�-899 5:- ` $9q 7 l'1 -IJP.•31. - : JFn i'1 �;,JP--39�i 1� \`j!f A:�'•:'�I.F_.- ,,,_, 9300 JP- /} ~� '.uF .6 ik '-3'- - �'[�88�,U gr _.,, r - G P- ( 884.0 - 890. Iiki,k• 19- E. } - A 4 i ' IZf��I EXHIBIT B t 8G= 1 7 A_JP- ,__taf - _1 2l - _ _ __ 8e- Ilk 87 TO T• . ;JP- -! 30 . JP. 80,,. ---`5 t f` 18+,I;tg9t!'r' ./ . �.2 ,1-m J1°=19-- . . 1 4.8� , � 1,Ctlr � r,,86PCL5. .;;tr es7.s 874.0 . 1 _ 089./ �_ L'' I-' JJ'Ti IIT'• L `t:L Sa"' 882.8 883,0(1 D L. - rr�/•9020 \, g4 0,1 :.JP 55 *,nom': 91 1 rf �t /�'.. C . _ - - �, ,f1 !, r,:.ri„16 zia`898.0 'iAL,:88.4.0:- • I 01 0-27 l,), Future -57:-.1. Pond y 010-29 - 00 o P* �� Proposed 24" c9 Storm Sewer TRA SY ..p rti ...p 2 Existing BORCHERL 16" DIP F.M. IN�BRSO 1st• ADD' n roposed . 2" rm Sew ::: ?: :1;415.?::::::.::::::.::::.::::::.:.:.::::.:.:.:::. N 011-50 Pond EP--4A HWL = 874.0 010-53 NWL = 866.0 0 200 400 Scale in feet Tranby 1st Addition JIjá Boneatro0 E"asn..r. d�Architects Pond EP-4A A MD. Anderli derlik 8 Eagan, Minnesota ) Associates Bt.Pau( I/lnn..eft City Project No. 591 Date: April 1990 comm.Comm. 49507 Fig. No. J EXHIBIT C w D� • • f / I w - ii , a . 7—Pe li I 1!j i a . • I . / 'Of! 1 I I i }} a• " '1" mzZNo ■ ip ZZ��..,..., _ c4 5.5-72. � � 662e8 del i• , 01 , \4‘0„. 4e; : : ,:. i . 11 : rii ! . .. , __. ,r , 1 0 , ,', ;s‘ ) , , • . . _ c., , .1 4 , .. 6 - • E _ , is,■%/ , 1 § li Il o •o O 70z N731# I 1 I II •c' 1 ' s 1 I 1 i • ILL o y f W3�� J z \�i� �� iYZz liv cs/RiV 441% o II II al II 0 `i\ a a -. - . (I) _ . J J NINr! I ■ � I W • V �� WC.�,> N EXHIBIT D ,� ; I I,//� , 5iP!' 1S 1 - _ - ENE i �� ) ..ork:. i \_ lOAK/�f��/ O �•� i F�IRSTF-1t. o _ 2 �. •� �z `. F _ �� „... . ,l '4 o I - , 1.�J )NE OAK !-' /•/".______;it ,- ?�► <4 FS�- ■ <: ADD. + _--..I\ -,S : .4*-1 ; 0 L -rTrii s- {i� . , ! _ 1 F-20 =Nowa r _ r :'1,1L11 111. ARK` LU --rte C •j-- _".-- F- /j —...1 1,111,-1, 7,701 61\ ; ..„ t-,.1%; I DSE ...-ka- .y. 4git. PARK F-rJ \ 1 RST 7"--\ ��� % .I } 1 le,. .... ,, ,. ., , ,:, ,...„,,r,„. K :_: . ,-- `�` BLUE RIDGE %.-Cf'AY ADOITICN ( C., 1' FnGANOn! \ ; r I ' III -- Is � II E-6 C1� � G-14 GPI' i I ' 1..._ • r - E - .L. , k_ _ - AC E II A I � III H` OR u a I, R4 Pat `arJ . N I 1 ! ! 1 1 jj_lill. ! )ri' ! !.!. , , \ \\. o 78_2' U — � � \� L _ 3I.el ` 711.1.111 -4 ��I_LI 1I1.11 i ( ,En.' �, ` tom:, -� I 1 ( 1 1 _ ,, _ , :,,�- i1 __I G- 'I i I � —1 . ,- yt.f.] is ! 11,i1c0.4,i.'EO [ 4 \...E.\_:.sip 1 it mu ' 7-'.'--.4--\\\ ') AI G- -l y111111..11 h I- E- g 1 C - - t JIJ13 I2 q •" . i / � = ,•1 EAGAT' INDUS C� •:, ,_ •siTS T oo 71-L•,�L _..E_ II5 _.. 1._ ' 'mo ti # �.`• p-25 ;.. :. 1 HILLS _ s G-6 I'S i_.. ,. p l sTUAQTs ; Q ico , ^E7- / \ G_7 s� 1-- nD;....._. . CARRIAGE F.-'� ;. l 1 t _ I HILLS ,„., / J-27 I \Lb6.REJ`� ADDITil --- - �'- coLOLF sGxo� L.TS �� J 27� � ��; • E -26 G-II fj / � � K _II 1...* , N a 4 k�� :,i--1-0 LAI' \` =V s I r�_R/0-) I-' !r (�A 11TCN! f7 y �r I f J-13 '�``, �'',1.1 w r-"C TT 1 \�'� o,R ,- J•' �- `( '-, , � 1 STATE \:G � rI6 ?4,1c, ' /J-20 �� _4 '� , `` •,� � 1-�` (, -/�' , �-� :\y, .��I 'r 411'1 ..� 4",.(.l. �"r�i-T-•r-si �r.(L�.( `L�� L+` �I \,� //I^f''Il.(=r^= �` `/ �., Pnq+; '�t EXHIBIT E .31.1,SHI , IV::\,...- 1 - U 11, t / APO*.L. RD \ \ ,l 1 V 11411 V----------2 0 _ 1 Pond EP-4 4 • 3 26 Proposed 24" 5 Storm Sewer 6 7 8 3 011-50 �� 25 CD 1 Future 060-08 C) . 4 Pond .9 24 04. o �� BOR CN 7— so O 010-29 '�� INGERSOLL G0 5 1St. AOD• `Z/ 2 .- l �Qp Maintain Ex. 16" 15 1st. AGO• DIP F.M. CO <-41,.<,,, i ' :Exst a:::: :• •:.•.•::.t '1416. ....-- Ex. 36" Culvert Pond g .'':' Proposed 12" N EP-2 Storm Sewer \I 011-75 011-50 010-53 300 600 Pond EP-4A Scale in feet Tranby 1st Addition eonestroo E"ol""r, &Aren►t.ct. Storm Sewer improvements 0 An Ro ene InAnderlJk & Associates Eagan, Minnesota 8f.Paul U,n,»b,a City Project No. 591 Date April 1990 Comm. 49507 i Fig. No. EXHIBIT F 1 ( \ 011-50 •- trl� . s 7 \4 \ 74. c SORGERSo \ 011-50 �� 5 1st. App. \�° 2 ° TRANest �o <2 S . App. i:020 60::`: 1 • Ex. 18" Sanitary Sewer 011-75 I Proposed 8" Sanitary Sewer 010-53 \ \ 011-50 Lateral Assessment N - Assessable Footage 010-53 0 300 600 Scale in feet Tranby 1st Addition i/Il E, IM'r' 6,r`''„"t' Bonestroo Y Rosene San. Sewer and Assessments ICE Anderilk a VI Associates Eagan, Minnesota se.Paul, Afinn.wt. City Project No. 591 Date: April 1990 `� y Comm. 49507 Fig. No. 5 `.. .` J EXHIBIT G • ► 101-02 I 1--:.._....s...........................s,---- 101-01 CD 102-02 s 3 102-02 flkL U.S H/ ilk AY No 55 a s 4 3 �® 11!IL o 1 s ti1a. `t.� co ' s;. r to -r.- , 4 C :R . ' "� '.. y 060-08 4 d PARK NO• ';' ,� ` 7,7 � ' z 21 22 1 ' r =�SJs �.. `Q 4 3 Q 7 " .: - >,,i.$ , r a ©4 ® 13 8 OCNE� Il '� c��'� S �o BIN £RSO . % t G 'ADD. =NJ 20 a t`,p� 157 0 u ysf� , , . .t WO, s W. 4 4� x 10 F►,�; 030-52 191-03 Z� ' t II z mig a' >} r y i, 050-52 EV 13 s� ; s s ;c ,Tr ill 3 011-7s T' NBY 1ST ,, 0iC}•-53 �w�rinoN £ ,. . tb�j Alt i `1^j�'�s�P,'�'�" UV G¢��r s j v° y "s 9Fr 3s g, 3 • r t✓ � +n�ads Is ID■ 14 .!�If2e ¢ xftt y f a fok 17• 191-04 . r,.ft s`+ ys3Ax q�`r„ °'�, �� oft-so E1iii4, sAi 1 . -{ch y Itt:-77 BENIFITTED � .. LATERAL , a pro ASSESSMENT AREA IO atf •. Cr_ x N o__ 600 1200 ARKUZND ApD. P Scale in feet -! Tranby 1st Addition ill Bonestroo Erpin..n a,.rchif.cts 0 Roaene Storm Sewer Improvements Anderlik 6 ! Associates Assessment Map st.Pau( kfinn.aotr City Project No. 591 Date: April 1990 y Comm. 49507 Fig. No. 2 i EXH-IBIT H 612 681 4612 ' 10-G2-95 O3:41PM FROM CITY OF EAGAPI TO 96814360 POO2 To: Mr. Tom Hedges 9-27-95 City of Eagan 3830 Pilot Knob Rd. Eagan Mn. From : Richard Chapdelaine Joseph Chapdelaine Subject: Improvement project * 381 assessments We appreciate the Public Works Committee meeting with Martin Deslauriers and Don Chapdelaine who are assisting us in our effort to reach an agreement on an equitable adjustment on our area storm water assessment. We are requesting that the assessment on Parcel numbers 010-30,010-52 and 020-52 he calculated by dividing the actual cost of project 381 by the total number of acres being served and multiplied by the number of acres contained in the parcels listed above. Example: Actual cost of$245,000 divided by 700 acres equals 350 per acre actual cost multiplied by 4.35 acres equals $1522 . The total adjustment based on actual cost of the project plus the interest on the differential can be credited to the cost of the lateral and ponding at the time the property is developed. This request is based on the adjustments received by those property owners who threatened legal action at the time of the assessment.We realize that there is no legal recourse available to us at this time and appeal to the city council to treat us in a fair, equitable and ethical manner. In addition ,we would appreciate the city being helpful to the business that may purchase this property in determining the estimated cost of the lateral sewer line and ponding.. Sincerely V.---)..4%-.4„;,\.,X N \. . „....\ ■Richard Chapdelaine oseph Chapdelaine SEVERSON, SHELDON, P.A.LARRY S.SEVERSON DOUGHERTY & MOLENDA, LOREN M.SOLFEST JAMES F.SHELDON ANNETTE M.MARGARIT MICHAEL G.DOUGHERTY* MICHAEL E.MOLENDA SHARON K.HILLS A PROFESSIONAL ASSOCIATION ROBERT B.BAUER ATTORNEYS AT LAW CHRISTOPHER A.GROVE SUITE 600 7300 WEST 147TH STREET APPLE VALLEY,MINNESOTA 55124-7538 (612)432-3136 TELEFAX NUMBER 432-3780 October 10, 1995 Shawn Hunter, Councilmember Ted Wachter, Councilmember Tom Colbert,Director of Public Works 3830 Pilot Knob Road Eagan, MN 55122 RE: 429 Assessments Gentlemen: The Public Works Committee asked what may be assessed as part of a public improvement project. Minnesota Statutes Section 429.051 provides that: the cost of any improvement, or any part thereof may be assessed... The cost of the project is determined by the City Council under Minnesota Statutes 429.061 and by Minnesota case law. Minnesota Statutes 429.061 provides that: At any time after the expense incurred or to be incurred in making an improvement shall be calculated under direction of the council, the council shall determine by resolution the amount of the total expense the municipality will pay, other than the amount, if any, which it will pay as a property owner and the amount to be assessed. - Based on the foregoing, the Council has the authority to assess the total cost of the project, "whether or not any part of the cost of the improvement is paid from the County State Aid Highway Fund, the Municipal State Aid Street Fund, or the Trunk Highway Fund." (Minn. Stat. Section 429.051). The area assessed may be less than but may not exceed the area proposed to be assessed as stated in the Notice of Hearing on the improvement except as provided below. Recovety From Previously Unassessed Abutting Properties Where the City does not assess abutting property for all or any portion of the cost of a water, INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA OR WISCONSIN *CERTIFIED REAL PROPERTY LAW SPECIALIST.MSBA Page 2 October 10, 1995 storm sewer, or sanitary sewer improvement by levying special assessments, it may subsequently reimburse itself for those costs by levying additional special assessments on any properties abutting on but not previously assessed for the improvement, on notice and hearing as provided for the assessments initially made." (Minn. Stat. Section 429.051) That means the City may specially assess additional lands, upon which it may establish the requisite benefit, by levying special assessments on properties which abut the improvement but which have not previously been assessed,provided that notice and hearing is provided for as the assessments when initially made. Recovery from Non-Abutting Properties. The City may also specially assess unrecovered cost for prior improvements when one or more later extensions or improvements are made by adding all or any portion of the unrecovered prior cost to the special assessments levied for any such later extension or improvement. It is required, however, that the notice of any such additional amount to be assessed must be included in the notice of hearing on the making of such extensions or improvements. These additional assessments are authorized whether or not the properties to be assessed were included in the area described in the notice of hearing on the making of the original improvement. Thus, with respect to special assessments under Minnesota Statutes Chapter 429.021 et. seq., the City is entitled to recover all costs of the project (provided it can establish a special benefit to the property owners)for 1)the property initially assessed under a project; and 2)unrecovered prior costs for sewer, sanitary and water projects for A)property abutting the project but not initially assessed provided that notice and hearing is proper; and B)from non-abutting property, so long as notification is given on the future project which involves the later extension or improvement of the prior project. If you have any other questions,please feel free to contact us. Very truly yours, James F Sheldon JF /