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04/17/1980 - City Council Special (2)l —A I AGENDA SPECIAL ASSESSI.ENT COMMdiTTEE ` EAGAN, MINNESOTA CITY HALL THURSDAY, APRIL 17, 1980 7:00 P.M. I. Roll Call and Pledge of Allegiance II. New Business A. .Project #232A - Super Arerica Utilities 1) Rodger Slater (Parcel #012-50) 2) Northern Natural. Gas Co. (Parcels #031-32 & #020-52) 3) . McDonald-HaiMay Ent. (Parcel #011-57) B. Tr,.irk Area Assessments on Unplatted Parcels. C. Lexington Park Dedication D. Dodd Road Land Acquisition E. Proposed Oakwood Addition - Deferred Assessments F. 'Nilderness Run. Park Assessments III. Other 3usiness A. Ir,^banal - Twin View Manor B. Other Ad,` _ ;rrment MEMO TO: SPECIAL ASSESSMENT C0104ITTEE C/o THOMAS L. HEDGES - CITY ADMINISTRATOR FROM: THOMAS A. COLBERT - DIRECTOR OF PUBLIC WORKS DATE: MARCH 24, 1980 J RE: IT12AS FOR CONSIDERATION BY THE SPECIAL ASSESSI.IENT COMMITTEE We have been accumulating several items that need clarification by the City Council, after the appropriate review by the Special Assessment Committee. It is recommended that these items be considered by the Special -Assessment Committee in the second or third week of'April at a mutually convenient time. The following is a list of items for consideration by the Special Assessment Committee, with recommendations by the Staff. PROJECT #232 A -.SUPER AMERICA UTILITIES (SANITARY SEWER AND.WATER) On September 18, 1979, the final assessment for Project #232A - Super America Utilities was held before .the City Council and approved for certification. This project consisted of extending Sanitary Sewer and '.Yater Main on the south side of Trunk Highway 13 from Cedar Avenue to the Super. America Station located at'the .intersection of County Road 30 and Trunk Highway 13: The following are details of this Project; Number of Parcels Affected: Total Project Cost: Method of Assessment: Number of.Years Assessable: Rate of Interest: Line Total Assessable.Footage: 7 Parcels $98,067.95 Per Front Foot. (Sanitary - $20.11, Water - $10.80, Combined Laterals - $30.91/FF) 15 Years 8% 2,595 Feet We have received three requests for reconsideration by the Special Assessment Committee from three separate property owners affected by this project; Northern Natural Gas Company,Rodger Slater, and McDonald Halliday Enterprises. 1, Rodger Slater (Parcel #012-50) Attached on page 9 through you will find that a copy. of this request as submitted by.Mr. Slater, a copy of the section map outlining the property in question with the assessable footage so noted and a copy of the topography map for that most easterly'portion of property. The Staff felt that this assessable frontage would be determined by starting at the most easterly point and continuing in a southwest direction to such.a point that provided for the minimum lot depth'of 150 feet. The remaining footage was not assessed until the small triangular portion -'was reviewed.. This accounts for 290 feet fronting on Trunk Highway 13. Due to its triagular shape; and.in accordance with existing assessment policy,.the front lot line was combined with the rear lot line length and averaged. This resulted in the front footage of 290.feet being divided in half providing for the remaining assessable footage of 145 feet.' This. accounted for the total footage assessable to parcel #012-50, totaling 650 front feet. This footage multiplied by the $30.91 per front foot rate,totals the $20,091.00 assessment against Mr. Slaters property. ,.cC_ r �ra.✓r ITDITZ,.FQa CONSILERATI�N MARCH 2-, 1980 PAGE TVC 2. Northern Natural Gas/Propane Cas Company (Parcel #031-52 B #020-52) Attached on pages-!- through __CL,. you will find the. copy of the letter submitted by Northern Natural Gas Company and a section map' highlighting the two different, parcels being referenced in their letter. When Staff reviewed parcel #031-52 (Northern Natural Gas Company), the only frontage they had adjacent to Highway 13 amounted to the 65 foot width on their most southwesterly narrow strip. .The remaining portion of their 5.26 acres did not have any direct access onto Highway 13 but rather will receive access from the old T.H. 13. Consequently, the 65 feet assessable footage times the $30.91 rate totals $2,009.15,. as noted in their letter. When Staff reviewed parcel #020752 (Northern Propane Gas Company) it was determined that they have 390 feet of assessable footage immediately adjacent to TrunkIHighway 13 and the referenced improvement project. This property was 'felt to receive direct benefit from this, utility installation regardless of what its presents use of the property may be. Consequently,.'the'390 foot footage resulted in the $12,054.98 assessment as referenced in their letter. 3. McDonald - Halliday Enterprises (Parcel #011=57) Attached on pages /0 through , is the correspondence that the Staff received roi m� McDonalaT-TaZiiday Enterprises Company regard- ing their. assessments for this project. The section map indicates the., extent of parcel #011-57 and the assessable footage that was determined for this parcel taking into consideration the alignment of the 'utilities. The utilities proceeded•southwesterly.down Trunk,Highway 13 to the new right`of way acquisition by.MnDOT.. It then followed the sliver in between the two shaded portions to County Road 30 and then proceeded westerly to the Super America Station. It was felt .that the property did not benefit for its double frontage that was created by the new right ofway acquisition by MnDOT. Therefore, the 825 foot frontage adjacent to the acquisition was added to the 145 foot frontage along County Road 30 to obtain the total.960 feet of benefitted frontage. STAFF COMMENTS AND RECOMMENDATIONS The Staff took into consideration the odd shaped configuration of the individual parcels, their frontage along and benefit received from the installed improve- ment and the topography to determine, the assessable footage against each lot. Staff feels that the determined footage is fair and equitable, to all properties and that to. readjust any footages will ._require. a recertification. of the, entire pro- ject as the.costs would have to be redistributed over the remaining parcels. . This would require'a recertification .and a new final assessment hearing. TRUNK AREA ASSESSMENTS ON UNPLATTED PARCELS The City of Eagan has come across a few instances where`a large track.of land in the:City of Eagan has gone through the platting process but the final plat has not been recorded:�at the 'County. When levying,trunk area assessments from a project, the current policy provides for assessing.only 801 of unplatted PJM CITY 07 EAGAN SPECIAL ASSESa-1ENT COMMITTEE ITEP:LS FOR CONSIDERATION MARCH 24, 1980 PAGE THREE property of parcels greater than 3 acres.in'size. . In some instances th`_s allows a greater credit for proposed future right of way than what is being proposed through, the City approved final plat. STAFF'COTMiENTS AND RECOW ENDATIONS Because t_his.requires a deviation from the normal assessment policy, the Staff is recommending .that a provision be made whereby,..trunk area assess- ments -be spread on a square foot or acreage basis according to the approved City plat, whether it has been recorded with the County or not. C.. LEXINGTON PARK DEDICATION On page our City Attorney explains the issue to be resolved :in regards to the assessment respcnsibi_'ty of developers in dedicating park as a part of an overall Planned Unit Development (P.U.D.) and in particular, the develop- ers responsibility regarding pending verses levied assessments. Attached is a topography layout of this park configuration that is being the subject of discussion. D. DODD ROAD LAND ACQUISITION On pages Lk ��''77 ander, our City Attorney addrees�ss the'questicn of a severed parcel of land.previously under the ownership of Lexington South Incorporated. This parcel of land has been purchased by the City of Eagan for $9,000.00..nap is attached showing the parcel of property in question. (Page.1o' ) STAFF COMMENTS AND RECCIAMENDATIONS Because this property is presently under the ownership of the City of Eagan. we feel that it should be considered part of public right of way. Therefore, Staff suggests that all lateral assessments be based on existingfootage as calculated by the old'Dodd..Road alignment for Mr.Michaei Dineen, present owner of the property so affected. E. PROPOSED OAKWOOD ADDITION -.DEFERRED ASSESSMENTS Please review the letter found on page 19, to review the request'for.deferred assessments as it -relates to the proposed Oakwood Addition. The Staff will comment at the meeting in.further detail on this agenda item. 0 CITY OF EAGAN. SPECIAL ASSESSMENT COMMITTEE ITEMS FOR.CONSIDERATION MARCH 24, 1980 PAGE FOUR F. WILDERNESS RUN PARK ASSESSMENTS At the last Advisory Park Committee meeting held on April '3,. 1980, there was. a request made by two (2) residents of the Wilderness Run Park Association requesting the peninsula that extends into East Thomas Lake receive 'a deferment for 'storm sewer assessments that will be levied as a part of the Blackhawk Lake Storm Sewer Assessment Project. The City Administrator will discuss this matter.in further detail at the meeting. It is expected that one or . two property owners will be present for this agenda item. Enclosed ori pages 2. through. T'S is a. copy of. the Advisory Park Committee Minutes as they relate to this item. Also enclosed on those pages are maps of the location: III._ OTHER BUSINESS A. INFORMAL - TWIN VIEW MANOR The Eagan City Council has approved utility improvements for the Twin View. Manor subdivision located 'south of Cliff Road and west of Pilot Knob Road. The final hearing to consider street improvements for that subdivision is scheduled for the May 6, 1980, City Council meeting. 'Since Twin View Manor is partially developed,. much like Lakeside Estates Development, the City,staff would like some. direction on how the Assessment Committee. feels the' area should be'assessed., whether it is a front foot assessment method or a per lot equi- valent method. The Ci.ty staff will review this matter in further detail at, the meeting on Thursday. Staff is planning on having a meeting with the pro- perty owners on April 30, 1980, and therefore, some in Eormal'direction from the Committee would be very helpful prior to this meeting. RespectPMly subm*ttppdl omaA'.. s Colbert, P.E. Director of Public Works 3 0.• October 3y 1.979 ..x. _Thomas 'olbert Public..':forks Dlre^_tor L.-g�.n Zity igen, M 55122 Dear :•le .Ould 1'.i(e you to consider a reassessment of Lot 12, Block 50 Section prop>rty. It is a vary odd -portion of lend --there is a lot o: Prontrge:i`�h very little d-pth: Highway 13 - cone dead end street there which means limited access to that lot. The back side is a st:ea side hill. overall it looks like an oversized road ditch. There' vould be very little t,�nerit. lie Feel. the 32,0,191 is, overst•-.t=d. ':iould you please look into this r.,stt.r. I will be ol.�d'to =t Uith you t your convenience to look• -t this lot. Sinc=r ly, Rodger Slater -� �:� '.• fit= Winkler 2223 Dodge Street Omaha. Nebraska 68102 Telephone 4023484000 October 17, 1979 Mr. Tom Colbert Eagan City Engineer . 3795 Pilot Knob Road • Eagan, Minnesota 55122 Dear Mr. Colbert: Northern Natural Gas Company We are in receipt of two notices of special assessment relating to Improvement Project 11232 as follows: Northern Natural Gas Company Parcel 10-01900-031-52 Lot 31, Block 52, Sec. 19 $ 2,009.15 Northern Propane Gas Company Parcel 10-01900-020-52 Lot 10, Block 52, Sec. 19 $12 054.98 We wish to appeal these assessments as it is our opinion that they are excessive in relation to any benefit which will accrue to _these properties. We ask that you.review the assessments for a re- determination more in line with the benefit to be received. Northern Natural Gas Company will have no use for the water or sewer lines and Northern Propane Gas Company will have no more than a nominal use :for these services. We will appreciate your reviewing this and, advising us as to your findings. Thank you for your.consideration. Sincerely, PROPERTY TAX DEPARTMENT R. M. Foster. Regional Director. RMF/lh T 1 ' 70 i' q 1 r / 3- ,we as +:;fM:;•:;::e:'i+�+i 113 ip ri f� E 8p ITH : �IeoP 2 PIN .•�� I epP: y x .•..s •y f,: e).; z10 0� lid Ll 14 o` •7 d x-� 1 c . McDONALD-HALLIDAY ENTERPRISES 220 Sansome Street . Suite 1503 San Francisco, California 94104. (415) 781.4634 Mr. Tom Colbert Director of Public Works 3795 Pilot Knob Road E6an, Minnesota55122 October 17, 1979 Re: MHE Eagan Town Investment Prop. Lot 11, Block 57, Section 19 Ecan, Minnesota Dear Mr. Colbert: We spoke today by telephone with Ann Goers of your department regarding the above referenced property and decided that it was.in our best interest to write this letter. On September 29,'1978, we were assessed $26,501.90 .for the.improvement of storm. sewer trunk. We did not appeal - this charge at that time because we had not owned the'. proFerty.very long and were unfamiliar with appeal procedures in your community. Then', on October 8, 1979, we received. another Notice of Svecial'A'ssessment in the amount of. $47,463.80. -for the improvement of service'stubs. Therefore, in approximately one year we have been assessed $74,000.00 which.appears to be excessive for property which cannot even be put to a constructive use for at least another two years. Even then, it appears the most recent assessment is excessive in relationship to value. We are.herewith'requesting that the Assessment Review Committee review this ratter to determine if, in fact,. the .recent assessment has been imposed upon us in a fair and equitable manner. We appreciate your assistance in this matter. Any information you could supply us that explains.the assess- ment process would.be helpful. Very truly yours, MHE EAGAN TOWN INVESTMENT PROPERTIES BY Herbert A. West /D. 8` RAR AMERICA io ao o .}•:rte:.:; •: .1 00 Oz N O O BURNS V/L L E INN. T. OF. TRANS RTATION \RIHT WAY T PLAT N0. 19 O 0 i :+:`• y� 2 �•�;}'�::�:�?:�''r � �'�'':1•i��: is J N I '77 8` RAR AMERICA io ao o .}•:rte:.:; •: .1 00 Oz N O O BURNS V/L L E INN. T. OF. TRANS RTATION \RIHT WAY T PLAT N0. 19 O 0 i :+:`• y� 2 �•�;}'�::�:�?:�''r � �'�'':1•i��: is J N I - ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN IST..PAULI, MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH March 13, '1980 AREA CODE 612 KEVIN W. EIDE TELEPHONE 454-4226 Eagan Assessment Committee City,of Eagan . 3795 Pilot Knob Road Eagan, dLq 55122 Re: Current Assessment Issues Dear Assessment Committee Members: The City Attorney's office requests the assistance of the Assessment Committee in determining how to proceed on two assessment issues that have been raised by Dunn b Curry Real Estate Management, Inc. In both cases the City and Dunn% Curry are ready to,close on the particular parcels subject to the .resolution of these assessment issues. 1. Lexington Park Dedication. The.20.3 acre parcel of land, referred to as. Lexington Park, is located in the northbesE quadrant of the proposed intersection for Lexington Avenue and Wilderness Run Road. There are no present levied assessments on this 20 acre piece, however, the Eagan Assessment Clerk has indicated that there are pending assessments in the amount of S590 per ac 807, of the acreage for Yater area assessment and the sam mount for sewer trunk. ,She has also indicated chat street assessments are pending in the amount of 950 front feet at $18 per foot and -380 front feet at $6 per front foot. The Eagan Assessment Policy. Guide reflects "when. park land' is dedicated as part of.a residential development,'the developer shall be'responsible for the payment of all assessments against.the park land existing at the time of the dedication." The questions raised by Dunn 6 Curry. Real Estate' Management, Inc., are in regard to whether the pending assessments which I have already cited were existing at the time of dedication in •that they are pending and not,levied,:and secondly, whether this land was dedicated as raw land at the time, of the execution of the Lexington.South PUD so as to prevent the future assessment for improvements. Our office, while we are not able to indicate other language which clears up these ambiguities or able' ,to look at past park dedication as.a guide, would take the position that a pending assessment is existing.at the time, of dedication as reflected in the language of,'the policy guide.. Secondly, we would suggest that a Planned Unit Development Agreement for Lexington Southis only'a;guide with which the City and the developer work. and.that under that agreement has not been required to dedicate_certain lands. In fact, `this agreement has been amended several .times and shall be amended in the future to reflect the changes in the developer's and City's.plans for this area. We understand that Rod Hardy of'Dunn S Curry Real Estate Management, Inc., will be submitting a'request to the Assessment Committee to reexamine this position and that. speclfically.Mr. Hardy will suggest .that 'the City absorb or waive any area utility assessments on this property and that .the street assessments be respreid over other land that Dunn 6 Curry owns.in the area. If this is accepted, Dunn & Curry should provide a specific list of property which they own and would like the street assessments levied against.. They should also waive any objections to these assessments. /Z. Dunn & Cum Rea! Estate Management Inc. 4940 Viking Drive Pentag�w Of rr Purk Minheapalis: MN 55435 (6/2) 835.2808. 2.. Lexincton Park Dedication:, Lexington South, as part of its obligations under .its P.D. Agreement with the City of Eagan,'has deeded: to the city a 20.3 acre parcel.of.land in the northwest. quadrant of the intersection of Lexington 'Avenue .and ;Wilderness Run Road. To date the city has not accepted this warranty deed for the following reasons: _ a) Taxes for 1980 -are due on the property b) Restriction for park uses only c) Pending or existing area wide assessments have notbeen paid or provided for. Our response to these conditions are: a) he agree to enter.an agreement on the payment -,of taxes in 1980 b) We are prepared to, amend our restrictions to include all public uses we would suggest that this modification run JVfor the duration of our P.D. Agreement or in the event the �I Q �1 w city wants to se.11 the property, Lexington South.would have IN` I the right of first refusal to repurchase the property during that same period. ✓/I c) We believe that any existing unpaid area wide assessments or U any pending area wide_ assessments are properly the obligation of the.city. As the park will be used by the.overall community and as 'there will no doubt be some services to. the site (i.e. toilets and drinking fountains) these.are city costs. .As for local assessments for streets and sewer, that serve particular projects, they should be levied against the affected private_ properties. It is our position'that any area wide installations that result in area wide benefits should be subject to area wide charges, whether it be on the taxing of land or. the leving of charges. Would you kindly place our requests on your next agenda and so notify us that we may attend. Sincerely yours, Ly:.� ltddnek• D. Hardy Vice 'President RDH:lj /3: ,, Y.IIOb MV,Y9 :IYI Y�IIbl1 Y3AN/Mel f -1i I' I�;a �� • jam' �P PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HI ,HWAY March.13, 980Commi[tee EAGANIST. PAUL), MINNESOTA SSU2 March 13; 1980 Page Two 2. Dodd Road Land Acquisition. This parcel of land, approximately Yi acres, is being purchased by. the City of Eagan from Lexington South, Inc., due to the realignment of Dodd Road. .This land lies between the old and new rights- of-way :and "vas severed from the remainder of Lexington South property.' Because of the size of the property, it -was felt that this severance greatly diminished its value .to Lexington, South, Inc., and the City Council has 4 agreed to acquire this property. As this landis being purchased by the City, of Eagan and is not .being dedicated as a part of a residential development, the,Eagan Policy Guide provisions do not appear,to be clearly applicable. The City does have a policy requiring payment of assessments prior to the taking of land to be. purchased for various reasons. Most notably, this 'policy has been followed in the'recent purchase of park Land. The Fagan Assessment Policy Guide does reflect ,that "City owned property which abuts a street improved through municipal state'aid road funds will not be assessed for the 'street improvements. As the City hones to sell this land to the landowners on the east side of the existing Dodd.Road, this policy statement raises several questions. :First, if this land is not sold to the.adjacent landowners on the east side, should those landowners be assessed along the 1.5 acre piece which would then be considered additional right-of-wav? Secondly, if this 1.5 acre piece is sold,at a later date, could the street assessments be levied against the -•new owner at the. time of the sale?' Again, it is anticipated that Lexington South Inc. will, request the Assessment Committeetoreexamine a City .policy requiring the payment of assessments in advance of the purchase of privately owned land. As Lexington South, Inc., Pwns much of the land surrounding this parcel, it is conceivable that the / Street assessments could be respread as requested in the case of.Lexington VVV Park. Someone from our office will be attending the meeting of the Assessment Committee and will be available to answer further questions.. Sincerely, �- ¢0 - Kevin W. Eide . skk - Dunn & C'urre Real Estate :Nanagetnent Inc. 4940 Viking Drier Pentagon Office Park Minneapolis. MN 55435 (6/2) 835-2808` March 31, 1980 Assessment Committee City.of Eagan, 3795 Pilot Knob Road Eagan, MN 55122 Attention: Mr. Thomas.Hedges City Administration Gentlemen: As developers of substantial land holdings in your community and on behalf of two major land holders Biackhawk Park and Lexington South; Inc. - we. would like to request a procedure for adopting and leving area wide assessments on.certain lands in our holdings. In addition we would like to clear up the obligations on a parcel we are selling the city. The.areas of concern and our position on them may be stated as follows: 1. Dodd Road Land Acquisition: The city has proposed and we have agreed to sell a small parcel of land on the east side of Dodd Road which was residue after the realignment of Dodd Road. As it is severed property, the land was sold in its present state. We have agreed to pay our pro -rata share of the real estate taxes on that property and'any existing outstanding unpaid area wide assessments that were levied at.the time the price was negotiated in the last quarter of 1979. However, our position is that on any pending assessments that will be levied as a result of the Dodd Road con- struction on this parcel, that these assessments will be the obligation of the buyer. .We, therefore, hereby petition the Assessment Committee to place any future assessments on the property being sold as they are.levied and not to either redistribute or request prepayment of them from us. { 1. WILDERNESS A N ROAD LE%INhToN iN �� I N W A cn J 1� T N IC �1L Go N _ S p IVC — N ry 0 . _ N 0 ' c0, m c L �- , -4 -Dm-- SGAIG: 1"=200' March 24, 1980 Mr. Tom Hedges, City of Eagan . 3795 Pilot Knob Eagan, Minnesota Dear Tom: PROBE ENGINEERING COMPANY, INC. 201 Traveler's Trail Burnsville, Mn. 55337 Administrator Road 55122 Re: Proposed Oakwood Addition, Lone Oak Road, Eagan,, Mn. for Mr. Vince Kennedy We have recently prepared a planning layout for a single.family develop- ment -in the above noted location for Mr. Vince Kennedy and his neighbor, Mrs. 'Strand. Service by sanitary sewer and watermain for this area must, of necessity, be taken from a point lying westerly of the northwesterly . corner of the proposed platting by extending these lines across intervening properties. The owners of this intervening property do not wish, at this time,, to have their property served but did express their.willingness to grant easements such that the lines could be placed in a location whereby the property ;could ultimately be served. I am hereby requesting, on behalf of'Mr. Kennedy.and Mrs. Strand, a preliminary indication by .,the Eagan assessment committeeas to -the. possible deferment of the assessments that would be accuring to these northerly pro- perties, should these utilities be constructed there. Please check with Dale Runkle as to this matter, in that he has been involved in all the' meetings and submittals to date regarding the above proposal. Should a favorable opinion be given as to this matter,_ it then would be feasible for Mr. Kennedy and his neighbor, Mrs. Strand, to petition for all of the required'services and continue on with their platting endeavor. Please call if you have any questions. RW/jw cc: Vince Kennedy Dale Runkle . Mrs. Strand . /9. Sincer yourg� R ph D. Wagner, rLAX. , '?•....... .;:?.::.tip?. j'•...:::::.•?y;.1• •� . �: ` £ ' ,:•::•::,•> ,.i RCA 4D' .•:. 00,4el 11 10 10, �QIt, ell 1 1c.Dw� O .K 1 � .: ��- —vc-- WILDERNESS RUN PARK ASSOCIATION Mr. Jack Austin and Bob Peterson, representing. the Wilderness Run Park Association, appeared and asked that the Advisory Park Commictee'consider accepting a. peninsula area located -.to the east side of East Thomas Lake that is.'presently owned' by all property owners in the Wilderness Run lst anal 3rd Additions as. City park land. Mr. Peterson stated that before he purchased his - property he was told,.that 'the peninsula would be a City. park when Wilderness Run 1st and 3rd Additions were platted. Mr. Austin stated that the peninsula. - is serving a park purpose and should be classified as a. City park which would eliminate a need for the area 'residents to. paytaxes on the property as we '.l as a storm sewer assessment which is LD be levied against the .peninsula in tie near future. Committee Member Thurston stated that when Ches Mar 1st Addit: n was.. platted in -1976 the- Advisory Park Committee and City_ Council consid.•red the peninsula for park land dedication, however felt the property should not be dedicated for park purposes for the following reasons: 1. The peninsula would be. a liability factor to the City due to its use as a swimming beach with no lifeguard on duty; 2. The peninsula does not meet the need, for the entire City; 3. The 'acreage dedication for ,the peninsula was less than the ac- ceptable policy for park land dedication; 4. It would be extremely difficult to maintain the property. Mr.. Austin stated that the neighbors are -presently maintaining the property and this could continue in future years. Committee.Member Thomas stated that hewould not consider this property as park land dedication unless there was. a stipulation that if the City 'accepts the peninsula for park land, it cannot be developed. and the use is to be. controlled by. the City.' Committee Member Thurston further stated that normally once property is dedicated existing .and. new property owners expect the property to be maintained by the City of 'Eagan. After further discussion on the matter and a motion by Committee Member' Thurston and a second .by Committee Member Loken, to recommend to the City Council to not accept the peninsula presently owned by. residents of the Wilderness Run 1st .and 3rd Additions and located east of East Thomas Lake as park land -for the following reasons:' 1. The potential liability a public 'beach would have. on the City of Eagan; 2.The peninsula does,not meet, park dedication requirements; 3. The peninsula 'does not meet. the park land needs for the entire - City; 4. The peninsula as park "land would create. park maintenance, problems. Those voting in favor: Thurston, McNeely and Loken. Those voting nay: Carroll;- Tilley and Thomas. :The motion failed on a three to three vote. A mot -ion was then made by 'Carroll, seconded by Tilley, with allmembers voting in favor, 'that the City' Administrator be directed to further research the pro- posal by the homeowners of Wilderness Run 1st and 3rd addition to dedicate the peninsula located in East Thomas' Lake to. the City of Eagan, review the use of said peninsula for a tot lot, consideration for leaving the area as a natural area and further that said property.' owners be given.special consideration regar- ding potential storm sewer assessments against the peninsula. A 8Cl . o. 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I .M �' Q Q La Il CL PN u CIR• u !I W,I it x f I V\N SON 'I .-r I 1 OUTLOT / L POND ' ( QED '9" -E° I I .... E :; {}::: . A .:.:.........: J L I 1 r10 m _ 0 z n r - e • " ::'•.. 0 T D ? U LOT 3 r.-- 1 ._ PON D z / t DE 197' .1Ero'—_ Z - r n:Y ' z \ . 1 --� AJ . � • r is M 5 a °' r o. ao a `"5?� I ,9'•16 ♦ y r IDIRINE ;2E SIDE LAKES +iC (n �e is :r ! Assessment Committee Minutes April 17, 1980 Page Two TRUNK AREA ASSESSMENTS ON UNPLATTED PARCELS Tom Colbert discussed with the City Council the example where the City Council has approved a final plat but the plat has not been recorded with Dakota County. The trunk area assessment provides for 80% of unplatted property greater than three acres in size which, in some instances, allows greater than 20'.6 credit for future right-of-way which is being proposed through the City approved final plat. The staff recommended a revision to the Assessment Policy whereby trunk area assessments be spread on a square foot or acreage basis whether the plat is recorded with the County or not. Blomquist moved, Rahn seconded the motion, recommending the implementation of the policy. All voted yes. LEXINGTON SOUTH PARK Paul Hauge briefly reviewed with the committee the proposed dedication of a 20 -acre parcel on Lexington Avenue and Wilderness Run Road consisting of Lexington Park by Lexington South Inc. to the City as a part of the Lexington South PUD park dedication requirements. There are pending assessments for area water and sewer and street assessments. The Eagan Assessment Policy Guide pro- vides that when park land is dedicated as a part of a residential development,'essments t that the developer shall be responsible for the payor ent of all the park land existing at the tine of dedication. The question arises concerning pending assessments. Mr. Rod Hardy, Dunn on CurrybehalReal the Estate 'Manadevelopegemenntt, Inc and David Sellergren, attorney, appeared Curry has objected to the pending property andsfor secondlyasewer requesteddthatethenlateralg that there is no benefit to the prop y assessments be respread over adjoining private residential parcels within the Dunn & Curry development. There was discussion concerning the area wide assess- ments to account for park land that otherwise would Vogt sbe assessednded the for areaon,[ id refer benefits. After discussion, Blomquist moved, 8 the matter for further study to the City staff for future recommendation. DODD ROAD -- LEXINGTON SOUTH INC. Mr. Colbert explained the decision by the City Council to purchase 1.45 acres from Dunn & Curry which had been severed due to the Dodd Road street improvement revisions in 1979. There were questions as to whether the City could assess the small parcel agreed to be purchased by the City from Lexington South for benefits for the street and the utility improvements, particularly if the owner of the property to the east did not purchase that 1.5 acre parcel. After a discussion of the various alternates, $3. Hardy0 per indicated dacre for sthat Dunn ncedamagesCurry and would be willing to receive payment of then accept all of the lateral and street assessments together with area assessments for the 1.45 acre parcel. Egan moved, Rahn seconded the motion, to recommend that the City Council action to purse the parcel in fee be rescinded and that the offer of Dunn & Curry to pay $3,000severance provided, excluding the existing Dodd Road right-of-way be paid to Dunn & Curry normalrlateral Dutility uassessm Lexington street tassessments land garea ree tassessedo be for howeve, that assessments on the parcel. All voted yes. NEW BUSINESS SPECIANDASSESSMENT COMMITTEE A. Consideration of Special Assessment Committee. Recommendations -- There were a number of issues brought before the Assessment Committee at their April 17, 1980 meeting. For a review of those issues and the action taken by the Assessment Committee for recom-. mendation to the City Council, please refer to .pagesfT'33'jy through �(�iA letter was addressed to the City CounciMr. Don C'fii in, addressing the improvement 79-12 (Dodd Road Project). Mr. Giblin is an attorney at law representing the Michael Dinneen pro- perty. His letter and the response by the City Attorney's office is found on pages through u o . The Director of Public Works, City Attorney an ty Administrator will review these items at the meeting on Tuesday._ Action should be considered on certain items as recommended by the staff on Tuesday as they pertain to the Special Assessment Committee recommendations. A letter was sent to all persons attending the April 17 meeting, stating that these items would be brought forth before the City Council at the June 3, 1980 meeting. 3a J;-:... 0 &BjECL r:1 APPROVAL ASSESSMENT coMMITTEE MEETING APRIL 17, 1980 A meeting of the Eagan Assessment Committee was held at 7 'p.m. on April 17, 1980, at City Hall. Those present were Chairman Don Knight, Members Arthur.Rahn, Dale Vogt, Bea Blomquist, and Tom Egan. In addition, Tom Colbert, Bob Rosene and Paul Hauge were present. PROJECT R232A -- SUPF.RA`?ERICA UTILITIES Mr. Colbert reviewed the objections of three property owners who have been.assessed as a part of Project #232A on September 18, 1979, at the Assessment Hearing regarding SuperAmerica utilities project. .A. Rodger Slater. Rodger Slater, together with Jean Parranto, appeared to the frontage assessment on Highway #13 for regarding Mr. Slater's objection staff. It recommended a lot depth of 150 sewer and water as determined by the feetwitha total of 505 assessable front feet covering in irregular parcel on Highway #13 and 145 feet for a triangular parcel between old Highway 413 and_new Highway #13. it was noted that SuperAmerica and E-7. Mini Storage have currently hooked up to the utilities. Mr. Parranto and Mr. Slater objected to the assess- ments because of the steepness o,f the terrain and limited access. There was dis- cussion concerning the potential of the use of all of the land for Lot coverage in the event of construction.. After a lengthy discussion. Egan moved to accept the recommendations of the staff and to leave the assessments as recommCndeand, because, 1) the staff indicates that it.appears to be benefitted prop y, 2) the property has unusual 'dimensions that can be used for open space densitv is unbuildable, and, 3) it is difficult to reassess. purposes even though a portion The recommenddied reductioncofothe assessment byKnight 100hfeetocoveringRahn theseconded Slatertproperty 05 motion to to 4feet for the two Slater parcels. All voted yes.. B. Northern Natural Gas Company. A letter dated October 17, 1979, from Northern Natural Gas Company objecting to the assessments covering two parcels on Highway .#13 claiming lack of benefit because of the use of the land. C. McDonald Hallidav Enterprises. The next parcel relating to Project 8232A was an _objection by McDonald Halliday Enterprises, San Fransisco. California, objecting to assessments in the amount of $47,463.80 claiming that the amount of the assessment against the property on Highway #13 is excessive. Vogt moved, Rahn sec.ond'ed the motion, to consider the Northern Natural Gas and McDonald Halliday objections jointly.. All voted,in favor. The staff recommended no change in either case claiming that there was adequate benefit according to their research on both parcels. Blomquist moved, Vogt seconded the motion to recommend approval of the staff recommendations that no change take place concerning those assessments on those two parcels. All voted in favor. 33 • 'l. Assessment Committee Minutes April 17, 1980 Page Two TRLNK AREA ASSE.SS2TENTS ON .U%PLATTF.D PARCELS Tom Colbert discussed with the City Council the example where the Citv Council has approved 'a final plat butthe plat has not .been recorded with Dakota County. The trunk area assessment provides for 807 of unplatied property greater than three acres in size which, in some instances, allows greater than 20% credit for future right-of-way which is being proposed through the City approved final plat.. The staff recommended a revision to the Assessment Policy whereby trunk areaassessments be spread on a square foot or acreage basis whether the plat is recorded with the County or not. Blomquist moved, Rahn seconded the motion, recommending the implementation of the policy. All -voted -yes. LEXINGTON SOUTH PARK Paul Hauge briefly reviewed with the Committee the proposed dedication of a 20 -acre parcel ,on Lexington Avenue and Wilderness Run Road consisting of Lexington Park by Lexington South Inc. to the Cit:: as a part of the Lexington South PUD park dedication requirements. There are pending assessments for area water and sewer and street_ assessments. The Eagan Assessment Policy Guide pro- vides that when park land is dedicated as a part of a.residential development, that the developer shall be responsible for the payment of.all assessments against the parkland existing at the time of dedication. The question arises concerning pending assessments. Mr. Rod Hardy, Dunn & Curry Real EstateManagement, Inc., and David Sellergren, attorney, appeared on behalf of the developer. Dunn & Curry has objected to the pending assessments for area sewer and water indicating that there is no benefit to the property and secondly requested that the lateral assessments be respread over adjoining, private residential parcels within the Dunn & Curry development. There was discussion concerning the area wide assess- ments to account for park land that otherwise would be assessed for area wide benefits. After discussion, Blomquist moved, Vogt seconded the motion, to refer` / the matter for further study to the City staff for future recommendation. V DODD ROAD -- LEXINGTON-SOUTH'INC: Mr. Colbert explained the decision by the City. Council to purchase 1.45 acres from Dunn & Curry which had been severed due to the Dodd Road street impro•:ement revisions in 1979. There were questions as to whether the City could assess the small parcel agreed to be;.purchased by the City from Lexington SouSheth for benefits for the street and the utility improvements, p Y owner of the propert;: to the east.did not purchase that 1.5 acre parcel., After a discussion of the •various alternates, Mr. Hardv'indicac:•c that Dunn & Curry would be willing to receive payment of 53,000.per acre for severance damages and then accept all of the lateral and street assessments together with area assessments for the 1.45 acre parcel. Egan.moved, Rahn seconded the Motion, to recommend that the.City Council action to purchase the parcel in fee be rescinded and that the offer of Dunn & Curry to pay $3,000 per acre for.severance damage . excluding the.ex'isting'Dodd Road right=of-way be paid to Dunn ;& Curry provided, however, that Dunn & Curry - Lexington South, Inc., will agree to be assessed for normal lateral utility assessments, street assessments,'and area assessments on the parcel. All voted yes. - 34 Assessment Committee Minutes April 17, 1980 Page Three i OAK WOOD ADDITION -- VINCE KENNEDY Mr. Vince Kennedy appeared.regarding his request that the Committee recommend deferral of assessments accruing to the property running northerly of proposed Oakwood Addition on the/north side of Lone Oak Road until such time as that area is assessed. It was noted that utilities would come in from the west and that' the area requesting deferrment is not, prepared to be developed at the 'present time. The adjoining owners are willing to grant easements for the utilities but are not willing to accept assessments. Blomquist moved, Egan seconded the motion, to refer the matter to the City Council and recommend that the Council accept the request for deferral of the assessments but that they be based upon a con- nection charge and be charged at the rate then in existence at the time of develop- ment of that area west of the proposed Oak Wood Addition. WILDERNESS RUN PARK Mr. Jack Osten and another representative of Wilderness Run Park Associa- tion' appeared and requested that the proposed storm sewer assessments on the two lot Wilderness Run peninsula in Thomas Lake be eliminated because of lack of benefit. He stated that the land is owned by a nonprofit association and 'a, large number of neighboring property owners are the owners. The Park Committee recommended against acceptance of dedication of the peninsula to the City -for park purposes due to maintenance problems. Blomquist.moved to direct the staff to review the possibility of respreading the assessments for the two lots over the entire Blackhawk Lake storm sewer project area consisting of Project 1257. Rahn seconded the motion. All voted in favor. It was noted that the assessment hearing would be held on Project 11257 on May 6, 1980. GOPHER SMELTING COMPANY -- YANKEE DOODLE ROAD IMPROVEMENTS The Committee discussed the potential assessments against property owned by Gopher Smelting Company consisting of Gopher Eagan Industrial PUD property at the intersection of Highway 1149 and Yankee Doodle Road. It was noted under Project #184 that Dakota County had'ordered the realignment of County Road 128 -- Yankee Doodle Road-- at.the intersection of 149 and the projecthasnow been completed. The.Dakota'County Highway Department has -submitted a request for final payment from the City with the total cost of the.project at $67',835..71 and.the 45%. share by the City in the amount of S29,676.07. The question arose as to whether the Gopher Smelting property on either side of the realigned intersection would be benefitted'by the improvement of the intersection.and there was considerable discussion by the Committee. The members reviewed the reconstruction of. the Gopher Smelting -Plant on the north side and the realignment of the access to Yankee Doodle Road.. It was noted that Gopher Smelting Company has a new access westerly of the intersection and there have been plans for platting the Gopher Smelting lead plant area. After considerable discussion, Rahn moved, Egan seconded the motion, to recommend to the City Council that the property on either side of the realigned intersection of Yankee Doodle Road at the intersection of County Road #28. and Highway #49,'be assessed on the basis -of benefit for the road improvements for reasons including the following: 3S Assessment Committee Minutes April 17. 1980 Page Four 1. That there is a considerable improvement in the-safety.aspects of the ,intersection. 2. That the Gopher Smelting Company has a new access lying westerly which is an improvement for egress and ingress of vehicles including larger trucks from the Gopher Smelting site. 3. The Eagan Assessment policy provides for assessment of benefitted property. 4. That.there is an improved stacking distance from the west for vehicles at the intersection. '5. That Dakota County has requested the change to improve the site distance and improve the intersection. . 6. 'There appears to be substantial improvement to the property including increase in valuation due to these improvements. i All voted.in favor. TWIN VIEW ?MANOR There was a question from Mr. Colbert as to whether.the lots in Twin View Manor should be assessed for utility improvements and street -improvements on a front footage basis or on a per lot basis. After considerable.discussion, it was noted that generally projects of that nature are.assessed on a front footage basis. Upon motion by Knight, seconded Egan, it was recommended by the Council that the front footage basis be used for assessments for utilities and street improvements in Twin View Manor. All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. WHE 3b 0 0 DONALD F. GIBLIN ATTORNEY AT LAW MINNESOTA STATE BANK BUILDING 200 SO. ROBERT STREET - SAINT PAUL. MINNESOTA 55107 f613) 222-2754 May 22, 1980 Mayor and City Council City of Eagan 3795 Pilot Knob Road Eagan, MN 55121 Re: Improvement 79-12 Dodd ,Road County Road 30'- County Road 32 Michael Dineen Property Dear Honorable Mayor and Council: Please take notice that I am the attorney for the above named land owner in Eagan and I am rather amazed and confounded at the actions of the City Attorney and his associates, the Mayor.and Council and the assessment committee. After reading my initial correspondence to Mr. Kevin Eide of November 21; and. reviewing 'the return letter of January 2 from the.City Attorney's office, it seems extremely strange that the change of events took place without any knowledge on the part of myself or my client. What kind of a governing body sends a letter of notice of a hearing out on April 22 indicating that an asses sment,committee meeting was held on April'17 without any notice.to myself or my client, and then -indicating that the Council would hear the matter on May 6.. I strongly urge that you have an investigation of this, entire matter and the relationship between Dunn& Curry Real Estate and members of the Council and City,.Attorney's office. I would like a complete explanation of what is being pulled off by members of our governing body of Eagan. In addition to being the attorney for the above named land owner; I happen to be a resident of the City.of Eagan and I am more than concerned with some of the shenanigans that are`going.on.in the_City. It seems more than strange to me,that the offer of $6,000 for the 1.45 acres of Dunn & Curry's was changed so'that -.27 Mayor and City Council May 22, 1980 Page 2 they received $3,000 for merely _an easement which created frontages on both sides of the newly laid out road. That does not appear to be an arms -length transaction inasmuch as no condemnation was commenced. In so doing my client has effectively had his frontage eliminated and for the most part, is completely land -locked. Your City Attorney may be astute enough to indicate to you that. the City is now vulnerable for an inverse condemnation action brought by my client which will cost' the City extremely more money than the former agreement which was made by agents of the City. It is absolutely appalling to me how the .representa- tives of the of the City have acted in this matter thus far. I would like an immediate explanation. Sin erely, Donald F. 1 Gi in DFG:gb cc: Paul H. Hauge & Associates, P.A. Attorney at Law No i PAUL A. HAUGE & AssOCIAT'Es, P. A. ATTORNEYS AT LAW 8208 SIBLEY'MEMORIAL MIONWAY LOAN (ST. PAUL). MINNESOTA 75122 PAUL M. MAUDE BRADLEY SMITH KEVIN W. RIDE Mr. Don Giblin Attorney at Law Minnesota State Bank Building 200 South Robert Street St. Paul,MN 55107 Re: Michael Dineen Property Eagan Storm Sewer Project #241 Dear Mr. Giblin: May 28, 1980 AREA CODE SIR T[l[rMON[ 484.4224 In response to your letter to the Mayor and City Council of theCity of Eagan, dated May 22, 1980, I would like to set forth our understanding of the events which have transpired to date.and also the present status of the approximately one acre tract of land in which you are interested. During the fall of 1979, your client Mr. Dineen, Bob Rosene, and I met at the City.Hall to discuss a proposed exchange of a sliver of land which was being'severed,from a larger parcel owned by Lexington South, Inc., by the relocation of Dodd Road. Following our discussion and City Council -consideration of this tentative proposal, you set.forth certain conditions to be agreed upon in your letter of November 21, 1979. At that time you asked our office to respond as.to the details of your proposal. In response to this letter,.I set forth a six point proposed settlement based upon discussions with the City staff. This settlement, as you will note at the'end of paragraph 1 of my letter of January 2, 1980, was expres- sly contingent on the City obtaining a fee interest in the property. Our final correspondence involved a letter by you dated January,9, 1980, requesting an exact calculation of the assessments which would be levied on the entire Dineen property assuming this proposed settlement would be reached. I responded on January 18, 1980, by setting forth the City's policy regarding assessment of unusually shaped tracts of'land and sug- gesting that any further_ clarification would require an assessment committee determination and asked that you contact me if further information was requested. After January 18, 1980, there.has been'no further correspondence. On -or about December 19, 1979, the Eagan City Council agreed to purchase the sliver of land from Lexington South, Inc., for the sum of $6,000 repre- senting.a fee title interest to the property. However, in attempting -to close on this particular piece of property, the City informed Lexington 39 • f Mr. Giblin May 28, 1980 Page Two i South, Inc., of the normal City policy of requiring all assessment s,,pending and levied, to be paid prior to the acceptance.of land by the City of Eagan. In this case, Lexington South, Inc., would be required to pay for the utility and street assessments which are the result of.the present Dodd Road improvements. Lexington South, Inc., objected to this requirement and requested a determination Wthe matter from the Eagan Assessment Committee. On April. 17, 1980, this matter was discussed by.the Committee and .at that time and without prior knowledge of the staff or our office, the representative of Lexington South, Inc., suggested that, in resolution of the various assessment questions, Lexington South retain fee title interest to the severed property and continue to.pay assessments and that it receive $3,000 in damages due to the virtual uselessness of this property to. Lexington South. The Eagan Assessment Committee determined this to be. an equitable resolution of.the matter and recommended to the Eagan City Council that the original agreement to purchase be rescinded and this compromise solution . substituted. Subsequent to the Assessment Committee decision, notice of the Assessment Committee recommendation including notice of the May 6, 1980 Council meeting was forwarded to Mr. Dineen. Consideration'of this matter has been postponed and rescheduled to the Council meeting on June 3, 1980. Hopefully this matter will be equitably resolved at that time. skk cc: Thomas L. Hedges Sincerely, Kevin W. Eide 40 • 49 JECT TO APPROVAL ASSESSMENT COMMITTEE MEETING APRIL 17, 1980 A meeting of the Eagan Assessment Committee;. was held at 7 p.m. on April 17, 1980, at City Hall. Those present were .Chairman Don Knight, Members Arthur Rahn, Dale Vogt, Bea Blomquist, and Tom Egan. In addition; Tom Colbert, Bob Rosene and Paul Hauge were present.:. PROJECT 9232A -- SuPFRANfERICA UTILITIES Mr. Colbert reviewed the objections of three property owners who have been assessed as a part of Project 9232A on September 18, 1979, at the Assessment Hearing regarding SuperAmerica utilities project. g g eared v A. Rodger Slater. Rod er Slater, together with Jean Parranto, app regarding Mr. Slater's objection to the frontage assessment on Highway 913 for sewer and water is determined by the staff. It recommended a, lot depth of 150 feet with a total of 505 assessable front feet covering an irregular parcel on Highway 1113 and 145 feet for a triangular parcel between old Highway 913 and new Highway 913. It was noted that':' SuperAmerica and E-7. Mini Storage have currently hooked,up to the utilities. Mr. Parranto..and Mr. Slater objected to the assess- ments because of the steepness,of the terrain and limited access. There was'dis- cussion concerning the potential of the use of all of the land for lot coverage in the event of construction. After a lengthy discussion, Egan moved to accept as recommended the recommendations of the staff and to leave the assessments because, 1) the staff indicates that it appears to be.benefitted property, and, 2) the property has unusual dimensions that can be used for open space density purposes even though a portion is unbuildable, and, 3) it is difficult to reassess. The motion died for lack of a second. Knight thenmoved, Rahn seconded the motion to recommend reduction of .the assessment by 100 feet covering the Slater property to 405 feet for the two Slater parcels. All voted yes. B. Northern Natural Gas Company. A letter dated October 17, 1979, from Northern Natural Gas Company_.objecting to the assessments covering two parcels on Highway 913 claiming lack of benefit because of the use of the land. C. McDonald Halliday Enterprises. The next parcel relating to Project ✓ #232A was an objection by P1cDonald Halliday Enterprises, San Fransisco, California„ that the objecting to assessments.in the amount of $4,7,463.80 claiming, movof ed,' the assessment against the property,on Highway 1.13 is excessive. Vogt moved; Rahn seconded the motion, to consider the Northern Natural Gas and McDonald Halliday objections jointly: All voted in favor. The staff.recommended no change in,either case claiming that there was adequate benefit according to their research on both.parcels. Blomquist moved, Vogt seconded the motion to recommend approval of the staff recommendations that, no change take place concerning.those assessments on those two parcels. All voted in favor. Assessmen_ Commitce.oinutes • April 17, 1980 Page Two TRUNK AREA ASSESSMENTS ON UNPLATTF.D PARCELS /'. 0 ' . Tom Colbert discussed with the City Council.the,example where the City Council has approved a final plat but the plat has not been recorded with Dakota County. The trunk area assessment provides for 80% of unplatted property greater . than three acres in size which, in some instances, allows greater than 20`/, -credit ' for future right-of-way which is being proposed through -the City approved final plat. The staff recommended a revision to the Assessment Policy whereby trunk. area assessments be spread on a square foot or acreage basis whether the..plat is recorded with the County or not: Blomquist"moved, Rahn seconded the motion, recommending the implementation of the policy. All voted yes. LEXINGTON SOUTH PARK Paul Hauge briefly reviewed with the Committee the proposed dedication of a 20 -acre parcel on Lexington Avenue and wilderness.Run Road consisting of Lexington Park -by Lexington South Inc. to the City as a part of the Lexington South PUD park dedication requirements. There are pending assessments for area water and sewer and street assessments. The Eagan Assessment Policy Guide pro-. vides that when parkland is dedicated as a part of a residential development, that the developer shall be responsible for the payment of all assessments against the park land existing at the time of dedication. The question arises concerning pending assessments. Mr. Rod Hardy, Dunn & Curry Real Estate Management, Inc., and David Sellergren, attorney, appeared on behalf of the developer_. Dunn & Curry has objected to the pending assessments for area sewer and .water indicating thatthere is no benefit to the property and secondly requested that the'lateral assessments be respread over adjoining private residential parcels within the Dunn & Curry development. There was.discussion concerning the area wide assess- ments to account for park land.that otherwise would be assessed for area wide benefits. After discussion, Blomquist moved, Vogt seconded the motion, to refer the matter for further 'study to the City staff for future recommendation. DODD ROAD -- LEXINGTON SOUTH INC. Mr. Colbert explained the decision by the City Council to purchase . 1.45 acres from Dunn & Curry which had been severed due to the Dodd Road,.street improvementrevisions in 1979. There were questions as to whether`the.City could assess the small ,parcel agreed to be 'purchased by the City from Lexington South for benefits for the street and'the utility improvements, particularly if the owner of the property to the east -did not purchase that 1.5 acre parcel. After a discussion of the various alternates, Mr. Hardy indicated that Dunn--& Curry would be willing to receive payment of'$3,000 per acre for severance damages and then accept all of the lateral and street assessments together with area . assessments for the 1.45.acre parcel. Egan moved, Rahn seconded the motion, to / recommend that the City Council action to:purchase the parcel in fee be rescinded and that the offer of Dunn & Curry to pay $3,000 per acre for severance damage excluding the existing Dodd Road .right-of-way be paid to Dunn & Curry provided, however, that Dunn & Curry - Lexington South, Inc.., -will agree to..be assessed for .normal lateral utility assessments„ street assessments.and area assessments on the parcel. All'voted'yes. Assessment Committeetnutes April 17, 1980 Page Three OAK WOOD ADDITION.-- VINCE KENNEDY Mr. Vince Kennedy appeared regarding his request that the Committee recommend deferral of assessments accruing to the property running northerly of proposed Oakwood Addition on the north side of Lone Oak Road until such time as that area is assessed. It was noted that utilities would come in from the west and that the area requesting deferrment is not prepared to be developed at the present time. The adjoining owners are willing to grant'easements for the utilities but are not willing to accept assessments. Blomquist moved, Egan secondedthe motion, to refer the matter to the City t Council and recommend that the Council accept the request for deferral of the assessments but that they be based upon a con- V nection charge and be charged at the rate then in existence at the time of develop- ment.of that area west of the proposed Oak Wood Addition. WILDERNESS RUN PARK Mr. Jack Osten and another representative of Wilderness Run Park Associa- tion appeared and requested that the proposed storm sewer assessments on the two lot Wilderness Run peninsula in Thomas Lake be eliminated because of lack of - benefit. He stated that the land is owned by a nonprofit association and a large number of neighboring property owners are the owners. The Park Committee recommended against acceptance of dedication of the peninsula to the 'City for park purposes due to maintenance problems. Blomquist moved to direct the staff to review the possibility of respreading the assessments for the two lots over the entire Blackhawk Lake storm sewer project area consisting of Project #257. Rahn seconded the motion. All voted in favor. .It was noted that the assessment hearing would be held on Project #257 on May 6, 1980. GOPHER SMELTING COMPANY -- YANKEE DOODLE ROAD IMPROVEMENTS The Committee discussed the potential assessments against property owned by Gopher Smelting Company consisting of Gopher Eagan Industrial PUD property at the intersection of Highway #49 and Yankee Doodle Road. It was noted under Project #184 that Dakota County.had ordered the realignment of County Road #28 -- Yankee Doodle Road-- at the intersection of h49 and the project has now been completed. The Dakota County Highway.Department has submitted.a request for final payment from the City with the total cost of the ,project at $67,835.71 and the 45% share by the City in the amount of $29,676.07. The question arose as to whether _ the Gopher.Smelting property on either side of the.realigned intersection would .be benefitted by the improvement of the intersection and there was considerable discussion by the Committee. The members reviewed the reconstruction of the Gopher Smelting Plant on the north.side and the realignment of the access to Yankee Doodle Road... It was noted -that Gopher Smelting Company has a.new access k westerly of the intersection and there have been plans for platting the Gopher Smelting lead plant area. After considerable: discussion, Rahn moved,, Egan seconded the motion, to recommend to the City Council that the',property on either side of the realigned intersection of Yankee Doodle Road at the intersection of County .Road $28 and Highway #49, be assessed on .the basis of benefit for the road improvements.for reasons including the following: • Assessment Committee0nutes April 17, 1980 Page Four 1. That there is a considerable improvement in the safety aspects of the intersection. 2. That the Gopher Smelt-ing Company has a new access lying westerly which is an improvement for egress and ingress of vehicles including larger trucks.from the Gopher Smelting site. 3. The Eagan Assessment policy provides for assessment of benefitted property. 4. That there is an improved stacking distance from the west for vehicles at the intersection. ` 5. That Dakota County.has requested the change to improve the site distance and improve the intersection. 6. There appears to be substantial improvement to the property including increase in valuation due to these improvements. All voted•in favor. TWIN VIEW MANOR There was a question from Mr. Colbert as to whether the lots in Twin View Manor should be assessed for utility.improvements and street improvements on a front footage basis or on a per lot basis. After considerable discussion, it was noted that generally projects of.that nature are assessed on a front footage basis. Upon motion by Knight, seconded Egan,.it was recommended by the Council . that the front footage basis be used for assessments for utilities and street improvements in Twin View Manor. All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. PHH i WA • SaCT TO APPROVAL ASSESSMENT COMMITTEE MEETING APRIL 17, 1980 A meeting of the Eagan Assessment Committee was held at 7 p.m. on April 17, 1980, at City Hall. Those present were Chairman Don Knight, Members Arthur Rahn, Dale Vogt, Bea Blomquist, and Tom Egan. In addition, Tom Colbert, Bob Rosene and Paul Hauge were present. PROJECT 11232A -- SUPERAMERICA UTILITIES Mr. Colbert reviewed the objections of three property owners who have been assessed as a part of Project #232A on September 18, 1979, at the Assessment Hearing regarding SuperAmerica utilities project. A. Rodger Slater. Rodger Slater, together with Jean Parranto, appeared regarding Mr. Slater's objection to the frontage assessment on Highway 013 for sewer and water as determined by the staff. It recommended a lot depth of 150 feet with a total of 505 assessable front feet covering an irregular parcel on Highway 1113 and 145 feet for a triangular parcel between old Highway #13 and new Highway 1113.. It was noted that SuperAmerica and E-7. Mini Storage have currently hooked up to the utilities. Mr. Parranto.and Mr. Slater objected to the assess- ments because of the steepness of the terrain and limited access. There was dis- cussion concerning the potential of the use of all of the land for lot coverage in the event of construction. After a lengthy discussion, Egan moved to accept the recommendations of the staff and to leave the assessments as recommended because, 1)' the staff indicates that it appears to be benefitted property, and, 2) the property has unusual dimensions.. that can be used for open space density purposes even though a portion is unbuildable, and, 3) it is difficult to reassess. The motion died for lack of a second. Knight then moved, Rahn seconded the motion to recommend reduction of the assessment by 100 feet covering the Slater property to 405 feet.for the two Slater parcels. All voted yes. B. Northern Natural Gas Company. A letter dated October 17, 1979, from Northern Natural Gas Company objecting to the assessments covering two parcels on Highway #13 claiming lack of benefit because of the use of the land. C. McDonald Halliday Enterprises. The next parcel relating to Project 1l232A was an objection by McDonald Halliday Enterprises, San Fransisco, California, objecting to assessments in the amount of $47,463.80 claiming that the amount of the assessment against the property on Highway #13 is excessive. Vogt moved, Rahn seconded the motion, to consider the Northern Natural. Gas and McDonald Halliday objections jointly. All voted in.favor. The staff recommended .no change in either. case claiming that there was adequate benefit according to their research on both parcels. Blomquist moved, Vogt seconded the motion to recommend approval.of the.staff recommendations that no change.take place concerning those assessments on those two parcels. All voted in favor. • Assessment Committee Minutes April 17, 1980 Page Two TRUNK AREA ASSESSMENTS ON UNPLATTF.D PARCELS Tom Colbert discussed with the City Council the example where the City Council has approved a final plat but the plat has not been recorded with Dakota County. The trunk area assessment provides for 80% of unplatted property greater than three acres in size which, in some instances, allows greater than 20% credit for future right-of-way which is being proposed through the City approved final plat. The staff recommended a revision to the Assessment Policy whereby trunk area assessments be spread on a square foot or acreage basis whether the plat is recorded with the County or not. Bl'omquist moved, Rahn seconded the motion, recommending the implementation of the policy. All voted yes. LEXINGTON SOUTH PARK Paul Hauge briefly reviewed with the Committee the proposed dedication of a 20 -acre parcel on Lexington Avenue and Wilderness Run Road consisting of Lexington Park by Lexington South Inc. to the City as a part of the Lexington South PUD park dedication requirements. There are pending assessments for area water and sewer and.street assessments. The Eagan Assessment Policy Guide pro- vides that when park land is dedicated as a part of a residential development, that the developer shall be responsible for the payment of all assessments against the park land existing at the time of dedication. The question arises concerning pending assessments. Mr. Rod Hardy, Dunn & Curry Real Estate Management ,'Inc., and David Sellergren, attorney, appeared on behalf of the developer. Dunn & Curry has objected to the pending assessments for area sewer and water indicating that there is no benefit to the property and secondly requested that the lateral assessments be respread over adjoining private residential parcels within the Dunn & Curry development. There was discussion concerning the area wide assess-. ments to account for park land that otherwise would be assessed for area wide benefits. After discussion, B1'omquist moved, Vogt seconded the motion, to refer the matter for further study to the City staff for future recommendation. DODD ROAD -- LEXINGTON SOUTH INC. Mr. Colbert explained the decision by the City Council to purchase 1.45 acres from Dunn & Curry which had been severed due to the Dodd Road street improvement revisions in.1979. There were questions as to whether the City could assess the small parcel agreed to be purchased by the City from Lexington South for benefits for the street and the utility improvements, particularly if the owner of the property to the east did not purchase that 1.5 acre parcel. After a discussion of the various alternates, Mr. Hardy indicated that Dunn & Curry would be willing to receive payment of $3,000 per acre for severance damages and then accept all of the lateral and street assessments together with area assessments for the 1.45 acre parcel. Egan moved, Rahn seconded the motion, to recommend that the City Council action to purchase the parcel in fee be rescinded and that the -offer of Dunn & Curry to pay $3,000 per acre for severance damage excluding the existing Dodd Road right-of-way be paid to Dunn & Curry provided, however, that Dunn & Curry - Lexington South, Inc., will agree to be assessed for normal lateral utility assessments, street assessments and area assessments on the parcel. All voted yes. Assessment Committee Minutes April 17, 1980 Page Three OAK WOOD ADDITION.-- VINCE KENNEDY Mr. Vince Kennedy appeared regarding his request that the Committee recommend deferral of assessments accruing to the property running northerly of proposed Oakwood Addition on the north side of Lone Oak Road until such time as that area is assessed. It was noted that utilities would come in from the west and that the area requesting deferrment is not prepared to be developed at the present time. The adjoining owners are willing to grant easements for the utilities but are not willing to accept assessments. Blomquist moved, Egan seconded the motion, to refer the matter to the City Council and recommend that the Council accept the request for deferral of the assessments but that they be based upon a con- nection charge and be charged at the rate then in existence at the time of develop- ment of that area west of the proposed Oak Wood Addition. WILDERNESS RUN PARK Mr. Jack Osten and another representative of Wilderness Run Park Associa- tion appeared and requested that the proposed storm sewer assessments on the two lot Wilderness Run peninsula in Thomas Lake be eliminated because of lack of benefit. He stated that the land is owned by a nonprofit association and a large number of neighboring property owners are the owners. The Park Committee recommended against acceptance of dedication of the peninsula to the City for park purposes due to maintenance problems. Blomquist moved to direct the staff to review the possibility of respreading the assessments for the two lots over the entire Blackhawk Lake storm sewer project area consisting of Project 11257. Rahn seconded the motion. All voted in favor. It was noted that the assessment hearing would be held on Project 11257 on May 6, 1980. GOPHER SMELTING COMPANY -- YANKEE DOODLE ROAD IMPROVEMENTS The Committee. discussed the potential assessments against property owned by Gopher Smelting Company consisting of Gopher Eagan Industrial PUD property at the intersection of Highway 1149 and Yankee Doodle Road. It was noted under Project #184 that Dakota County had ordered the realignment of County Road #28 -- Yankee Doodle Road-- at the intersection of 1149 and the project has now been completed. The Dakota County Highway Department has submitted a request for final payment from the City with the total cost of the project at $67,835.71 and the 45% share by the City in the amount of $29,676.07. The question arose as to -whether the Gopher,Smelting property on either side of the realigned intersection would be benefitted by the improvement of the intersection and there was considerable discussion by the Committee. The members reviewed the reconstruction of the Gopher Smelting Plant on the north side and the realignment of the access to Yankee Doodle Road. It was noted that Gopher Smelting Company has a new access westerly of the intersection and there have been plans for platting the Gopher . Smelting lead plant area. After considerable discussion, Rahn moved, Egan seconded the motion, to recommend to the City Council that the property on either side of the realigned. intersection of Yankee Doodle Road at the intersection of County Road 1128 and Highway 1149, be assessed on the basis of benefit for the road improvements for reasons including the following: Assessment Committee Mites • April 17, 1980 Page Four 1. That there is a considerable improvement in the safety aspects of the intersection. 2. That the Gopher Smelting Company has a new access lying westerly which is an improvement for egress and ingress of vehicles including larger trucks from _the Gopher Smelting site. 3. The Eagan Assessment policy provides for assessment of benefitted property. 4. That there is an improved stacking distance from the west for vehicles at the intersection. 5. That Dakota County has requested the change to improve the site distance and improve the intersection. 6. There appears to be substantial improvement to the property including increase in valuation due to these improvements. All voted in favor.. TWIN VIEW MANOR There was a question from Mr. Colbert as to whether the lots in Twin View Manor should be assessed for utility improvements and street Improvements on a front footage basis or on a per lot basis. After considerable discussion, it was noted that generally projects of that nature are assessed on a front footage basis. Upon motion by Knight, seconded Egan, it was recommended by the Council that the front footage basis be.used for assessments for utilities and street improvements in Twin View Manor. All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. 711.1 ASSESSMENT COMMITTEE MEETING APRIL 17, 1980 A meeting of the Eagan Assessment Committee was held at 7 p.m. on April 17, 1980, at City Hall. Those present were Chairman Don Knight, Members Arthur Rahn, Dale Vogt, Bea Blomquist, and Tom Egan. In addition, Tom Colbert, Bob Rosene and Paul Hauge were present. PROJECT 11232A -- SUPERAMERICA UTILITIES Mr. Colbert reviewed the objections of three property owners who have been assessed as a part of Project #232A on September 18, 1979, at the Assessment Hearing regarding SuperAmerica utilities project. A. Rodger Slater. Rodger Slater, together with Jean Parranto, appeared regarding Mr. Slater'.s objection to the frontage assessment on Highway 113 for sewer and water as determined by the staff. It recommended a lot depth of 150 feet with a total of 505 assessable front feet covering an irregular parcel on Highway 1113 and 145 feet for a triangular parcel between.old Highway #13 and new Highway 1113. It was noted that SuperAmerica and E-7..Mini Storage have currently hooked.up to the utilities. Mr. Parranto and Mr. Slater objected to the assess- ments because of the steepness of the terrain and limited access. There was dis- cussion concerning the potential of the use of all of the land for lot coverage in the event of construction. After a lengthy discussion, Egan moved to accept the recommendations of the staff and to leave the assessments as recommended because, 1)' the staff indicates that it appears to be benefitted property, and, 2) the property has unusual dimensions:, that can be used for open space density purposes even though a portion is unbuildable, and, 3) it is difficult to reassess. The motion died for lack of a second. Knight then moved, Rahn seconded the motion to recommend reduction of the assessment by 100 feet covering the Slater property to 405 feet for the two Slater parcels. All voted yes. B. Northern Natural Gas Company. A letter dated October 17, 1979, from Northern Natural Gas Company objecting to the assessments covering two parcels on Highway 1113 claiming lack of benefit because of the use of the land. C. McDonald Halliday Enterprises. The next parcel relating to Project 11232A was an objection by McDonald Halliday Enterprises, San,Fransisco, California, objecting to.assessments in the amount of $47,463.80 claiming that the amount of the assessment against the property on Highway 1113 is excessive. Vogt moved, Rahn seconded the motion, to consider the Northern Natural Gas and McDonald Halliday objections jointly. All voted in favor. The staff recommended no change in either case claiming that there was adequate benefit according to their research on both parcels. Blomquist moved, Vogt seconded the motion to recommend approval of the staff recommendations that no change take place concerning those assessments on those two parcels. All voted in favor. Assessment Committee Minutes April 17, 1980 Page Two TRUNK AREA ASSESSMENTS ON UNPLATTE.D PARCELS Tom Colbert discussed with the City Council the example where the City Council has approved a final plat but the plat has not been recorded with Dakota County. The trunk area assessment provides for 80% of unplatted property greater than three acres in size which, in some instances, allows greater than 20% credit for future right-of-way which is being proposed through the City approved final plat. The staff recommended a revision to the Assessment Policy whereby trunk area assessments be spread on a square foot or acreage basis whether the plat is recorded with the County or not. Blomquist.maved, Rahn seconded the motion, recommending the implementation of the policy. All voted yes. LEXINGTON SOUTH PARK Paul Hauge briefly reviewed with the Committee the proposed dedication of a 20 -acre parcel on Lexington Avenue and Wilderness Run Road consisting of Lexington Park by Lexington South Inc. to, the City as a part of the Lexington.. South PUD park dedication requirements. There are pending assessments for area water and sewer and street assessments. The Eagan Assessment Policy Guide pro- vides that when park land is dedicated as a part of a residential development, that the developer shall be responsible for the payment of all assessments against the park land existing at the time of dedication. The question arises concerning pending assessments. Mr. Rod Hardy, Dunn & Curry Real. Estate Management, Inc., and David Sellergren, attorney, appeared on behalf of the developer. Dunn & Curry has objected to the pending assessments for area sewer and water indicating that there is no benefit to the property and,secondly requested that the lateral assessments be respread over adjoining private residential parcels within the Dunn & Curry development. There was discussion concerning the area wide assess- ments to account for park land that otherwise would be assessed for area wide benefits. After discussion, Blomquist moved, Vogt seconded the motion, to refer the matter for further study to the City staff for future recommendation. DODD ROAD -- LEXINGTON SOUTH INC. Mr. Colbert explained the decision by the City Council to purchase 1.45 acres from Dunn & Curry which had been severed due to the Dodd Road street improvement revisions in 1979. There were questions as to whether the City could assess the small parcel agreed to be purchased by the City from Lexington South for benefits for the street and the utility improvements, particularly if the owner of the property to the east did not purchase that 1.5 acre parcel. After a discussion of the various alternates, Mr. Hardy indicated that Dunn & Curry would be willing to receive payment of $3,000 per acre for severance damages and then accept all of the lateral and street assessments together with area assessments for the 1.45 acre parcel. Egan moved, Rahn seconded the motion, to recommend that the City Council action to purchase the parcel in fee be rescinded and that the offer of Dunn & Curry to pay $3,000 per acre for severance damage excluding the existing Dodd Road right-of-way be paid to Dunn & Curry provided, however, that Dunn & Curry - Lexington South; Inc., will agree to be assessed for normal lateral utility assessments; street assessments and area assessments on the parcel. All voted yes. Assessment Committee Minutes April 17, 1980 Page Three OAK WOOD ADDITION -- VINCE KENNEDY Mr. Vince Kennedy appeared regarding his request that the Committee recommend deferral of assessments accruing to the property running northerly of proposed Oakwood Addition on the north side of Lone Oak Road until such time as that area is assessed. It was noted that utilities would come in from the west and that the area requesting deferrment is not prepared to be developed at the present time. The adjoining owners are willing to grant easements for the utilities but are not willing to accept assessments. Blomquist moved, Egan seconded the motion, to refer the matter to the City Council and recommend that the Council accept the request for deferral of the assessments but that they be based upon a con- nection charge and be charged at the rate then in existence at the time of develop- ment of that area west of the proposed Oak Wood Addition. WILDERNESS RUN PARK Mr. Jack Osten and another representative of Wilderness Run Park Associa- tion appeared and requested that the proposed storm sewer assessments on the two lot Wilderness Run peninsula in Thomas Lake be eliminated because of lack of benefit. He stated that the land is owned by a nonprofit association and a large number of neighboring property owners are the owners. The Park Committee recommended against acceptance of dedication of the peninsula to the City for park purposes due to maintenance problems.. Blomquist moved to direct the staff to review the possibility of respreading the assessments for the two lots over the entire Blackhawk Lake storm sewer project area consisting of Project 11257. Rahn seconded the motion. All voted in favor. It was noted that the assessment hearing would be held on Project 11257 on May 6, 1980. GOPHER SMELTING COMPANY -- YANKEE DOODLE ROAD IMPROVEMENTS The Committee discussed the potential assessments against property owned by Gopher Smelting Company consisting of Gopher Eagan Industrial PUD property at the intersection of Highway 1149 and Yankee Doodle Road. It was noted under Project 11184 that Dakota County had ordered the realignment of County Road 1128 -- Yankee Doodle Road-- at the intersection of 1149 and the project has now been completed. The Dakota County Highway Department has submitted a request for final payment from the City with the total cost of the project at $67,835.71 and the 45% share by the City in the amount of $29,676.07. The question arose as to whether the Gopher Smelting property on either side of the realigned intersection would be benefitted by the improvement of the intersection and there was considerable discussion by the Committee. The members reviewed the reconstruction of the Gopher Smelting Plant on the north side and the realignment of the access to Yankee Doodle Road. It was noted that Gopher Smelting Company has a new access westerly of the intersection and there have been plans for platting the Gopher Smelting lead plant area. After considerable discussion, Rahn moved, Egan seconded the motion, to recommend to the City Council that the property on either side of the realigned intersection of Yankee Doodle Road at the intersection of County Road 1128 and Highway 1149, be assessed on the basis of benefit for the road improvements for reasons including the following: Assessment Committee Minutes _). April 17, 1980 Page Four 1. That there is a considerable improvement in the safety aspects of the intersection. 2. That the Gopher Smelting Company has a new access lying westerly which is an improvement for egress and ingress of vehicles including larger trucks from_the Gopher Smelting site. 3.. The Eagan Assessment policy provides for assessment of benefitted property. 4. That there is an improved stacking distance from the west for vehicles at the intersection. 5. That Dakota County has requested the change to improve the site distance and improve the intersection. 6. There appears to be substantial improvement to the property including increase in valuation due to these improvements. All voted in favor. TWIN VIEW MANOR There was a question from Mr. Colbert as to whether the lots in Twin View Manor should be assessed for utility improvements and street improvements on a front footage basis or on a per lot.basis. After considerable discussion, it was noted that generally projects of that nature are assessed on a front footage basis. Upon motion by Knight, seconded Egan, it was recommended by the Council that the front footage basis be used for assessments, for utilities and street improvements in Twin View Manor. All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. PHH l —A I AGENDA SPECIAL ASSESSI.ENT COMMdiTTEE ` EAGAN, MINNESOTA CITY HALL THURSDAY, APRIL 17, 1980 7:00 P.M. I. Roll Call and Pledge of Allegiance II. New Business A. .Project #232A - Super Arerica Utilities 1) Rodger Slater (Parcel #012-50) 2) Northern Natural. Gas Co. (Parcels #031-32 & #020-52) 3) . McDonald-HaiMay Ent. (Parcel #011-57) B. Tr,.irk Area Assessments on Unplatted Parcels. C. Lexington Park Dedication D. Dodd Road Land Acquisition E. Proposed Oakwood Addition - Deferred Assessments F. 'Nilderness Run. Park Assessments III. Other 3usiness A. Ir,^banal - Twin View Manor B. Other Ad,` _ ;rrment MEMO TO: SPECIAL ASSESSMENT C0104ITTEE C/o THOMAS L. HEDGES - CITY ADMINISTRATOR FROM: THOMAS A. COLBERT - DIRECTOR OF PUBLIC WORKS DATE: MARCH 24, 1980 J RE: IT12AS FOR CONSIDERATION BY THE SPECIAL ASSESSI.IENT COMMITTEE We have been accumulating several items that need clarification by the City Council, after the appropriate review by the Special Assessment Committee. It is recommended that these items be considered by the Special -Assessment Committee in the second or third week of'April at a mutually convenient time. The following is a list of items for consideration by the Special Assessment Committee, with recommendations by the Staff. PROJECT #232 A -.SUPER AMERICA UTILITIES (SANITARY SEWER AND.WATER) On September 18, 1979, the final assessment for Project #232A - Super America Utilities was held before .the City Council and approved for certification. This project consisted of extending Sanitary Sewer and '.Yater Main on the south side of Trunk Highway 13 from Cedar Avenue to the Super. America Station located at'the .intersection of County Road 30 and Trunk Highway 13: The following are details of this Project; Number of Parcels Affected: Total Project Cost: Method of Assessment: Number of.Years Assessable: Rate of Interest: Line Total Assessable.Footage: 7 Parcels $98,067.95 Per Front Foot. (Sanitary - $20.11, Water - $10.80, Combined Laterals - $30.91/FF) 15 Years 8% 2,595 Feet We have received three requests for reconsideration by the Special Assessment Committee from three separate property owners affected by this project; Northern Natural Gas Company,Rodger Slater, and McDonald Halliday Enterprises. 1, Rodger Slater (Parcel #012-50) Attached on page 9 through you will find that a copy. of this request as submitted by.Mr. Slater, a copy of the section map outlining the property in question with the assessable footage so noted and a copy of the topography map for that most easterly'portion of property. The Staff felt that this assessable frontage would be determined by starting at the most easterly point and continuing in a southwest direction to such.a point that provided for the minimum lot depth'of 150 feet. The remaining footage was not assessed until the small triangular portion -'was reviewed.. This accounts for 290 feet fronting on Trunk Highway 13. Due to its triagular shape; and.in accordance with existing assessment policy,.the front lot line was combined with the rear lot line length and averaged. This resulted in the front footage of 290.feet being divided in half providing for the remaining assessable footage of 145 feet.' This. accounted for the total footage assessable to parcel #012-50, totaling 650 front feet. This footage multiplied by the $30.91 per front foot rate,totals the $20,091.00 assessment against Mr. Slaters property. ,.cC_ r �ra.✓r ITDITZ,.FQa CONSILERATI�N MARCH 2-, 1980 PAGE TVC 2. Northern Natural Gas/Propane Cas Company (Parcel #031-52 B #020-52) Attached on pages-!- through __CL,. you will find the. copy of the letter submitted by Northern Natural Gas Company and a section map' highlighting the two different, parcels being referenced in their letter. When Staff reviewed parcel #031-52 (Northern Natural Gas Company), the only frontage they had adjacent to Highway 13 amounted to the 65 foot width on their most southwesterly narrow strip. .The remaining portion of their 5.26 acres did not have any direct access onto Highway 13 but rather will receive access from the old T.H. 13. Consequently, the 65 feet assessable footage times the $30.91 rate totals $2,009.15,. as noted in their letter. When Staff reviewed parcel #020752 (Northern Propane Gas Company) it was determined that they have 390 feet of assessable footage immediately adjacent to TrunkIHighway 13 and the referenced improvement project. This property was 'felt to receive direct benefit from this, utility installation regardless of what its presents use of the property may be. Consequently,.'the'390 foot footage resulted in the $12,054.98 assessment as referenced in their letter. 3. McDonald - Halliday Enterprises (Parcel #011=57) Attached on pages /0 through , is the correspondence that the Staff received roi m� McDonalaT-TaZiiday Enterprises Company regard- ing their. assessments for this project. The section map indicates the., extent of parcel #011-57 and the assessable footage that was determined for this parcel taking into consideration the alignment of the 'utilities. The utilities proceeded•southwesterly.down Trunk,Highway 13 to the new right`of way acquisition by.MnDOT.. It then followed the sliver in between the two shaded portions to County Road 30 and then proceeded westerly to the Super America Station. It was felt .that the property did not benefit for its double frontage that was created by the new right ofway acquisition by MnDOT. Therefore, the 825 foot frontage adjacent to the acquisition was added to the 145 foot frontage along County Road 30 to obtain the total.960 feet of benefitted frontage. STAFF COMMENTS AND RECOMMENDATIONS The Staff took into consideration the odd shaped configuration of the individual parcels, their frontage along and benefit received from the installed improve- ment and the topography to determine, the assessable footage against each lot. Staff feels that the determined footage is fair and equitable, to all properties and that to. readjust any footages will ._require. a recertification. of the, entire pro- ject as the.costs would have to be redistributed over the remaining parcels. . This would require'a recertification .and a new final assessment hearing. TRUNK AREA ASSESSMENTS ON UNPLATTED PARCELS The City of Eagan has come across a few instances where`a large track.of land in the:City of Eagan has gone through the platting process but the final plat has not been recorded:�at the 'County. When levying,trunk area assessments from a project, the current policy provides for assessing.only 801 of unplatted PJM CITY 07 EAGAN SPECIAL ASSESa-1ENT COMMITTEE ITEP:LS FOR CONSIDERATION MARCH 24, 1980 PAGE THREE property of parcels greater than 3 acres.in'size. . In some instances th`_s allows a greater credit for proposed future right of way than what is being proposed through, the City approved final plat. STAFF'COTMiENTS AND RECOW ENDATIONS Because t_his.requires a deviation from the normal assessment policy, the Staff is recommending .that a provision be made whereby,..trunk area assess- ments -be spread on a square foot or acreage basis according to the approved City plat, whether it has been recorded with the County or not. C.. LEXINGTON PARK DEDICATION On page our City Attorney explains the issue to be resolved :in regards to the assessment respcnsibi_'ty of developers in dedicating park as a part of an overall Planned Unit Development (P.U.D.) and in particular, the develop- ers responsibility regarding pending verses levied assessments. Attached is a topography layout of this park configuration that is being the subject of discussion. D. DODD ROAD LAND ACQUISITION On pages Lk ��''77 ander, our City Attorney addrees�ss the'questicn of a severed parcel of land.previously under the ownership of Lexington South Incorporated. This parcel of land has been purchased by the City of Eagan for $9,000.00..nap is attached showing the parcel of property in question. (Page.1o' ) STAFF COMMENTS AND RECCIAMENDATIONS Because this property is presently under the ownership of the City of Eagan. we feel that it should be considered part of public right of way. Therefore, Staff suggests that all lateral assessments be based on existingfootage as calculated by the old'Dodd..Road alignment for Mr.Michaei Dineen, present owner of the property so affected. E. PROPOSED OAKWOOD ADDITION -.DEFERRED ASSESSMENTS Please review the letter found on page 19, to review the request'for.deferred assessments as it -relates to the proposed Oakwood Addition. The Staff will comment at the meeting in.further detail on this agenda item. 0 CITY OF EAGAN. SPECIAL ASSESSMENT COMMITTEE ITEMS FOR.CONSIDERATION MARCH 24, 1980 PAGE FOUR F. WILDERNESS RUN PARK ASSESSMENTS At the last Advisory Park Committee meeting held on April '3,. 1980, there was. a request made by two (2) residents of the Wilderness Run Park Association requesting the peninsula that extends into East Thomas Lake receive 'a deferment for 'storm sewer assessments that will be levied as a part of the Blackhawk Lake Storm Sewer Assessment Project. The City Administrator will discuss this matter.in further detail at the meeting. It is expected that one or . two property owners will be present for this agenda item. Enclosed ori pages 2. through. T'S is a. copy of. the Advisory Park Committee Minutes as they relate to this item. Also enclosed on those pages are maps of the location: III._ OTHER BUSINESS A. INFORMAL - TWIN VIEW MANOR The Eagan City Council has approved utility improvements for the Twin View. Manor subdivision located 'south of Cliff Road and west of Pilot Knob Road. The final hearing to consider street improvements for that subdivision is scheduled for the May 6, 1980, City Council meeting. 'Since Twin View Manor is partially developed,. much like Lakeside Estates Development, the City,staff would like some. direction on how the Assessment Committee. feels the' area should be'assessed., whether it is a front foot assessment method or a per lot equi- valent method. The Ci.ty staff will review this matter in further detail at, the meeting on Thursday. Staff is planning on having a meeting with the pro- perty owners on April 30, 1980, and therefore, some in Eormal'direction from the Committee would be very helpful prior to this meeting. RespectPMly subm*ttppdl omaA'.. s Colbert, P.E. Director of Public Works 3 0.• October 3y 1.979 ..x. _Thomas 'olbert Public..':forks Dlre^_tor L.-g�.n Zity igen, M 55122 Dear :•le .Ould 1'.i(e you to consider a reassessment of Lot 12, Block 50 Section prop>rty. It is a vary odd -portion of lend --there is a lot o: Prontrge:i`�h very little d-pth: Highway 13 - cone dead end street there which means limited access to that lot. The back side is a st:ea side hill. overall it looks like an oversized road ditch. There' vould be very little t,�nerit. lie Feel. the 32,0,191 is, overst•-.t=d. ':iould you please look into this r.,stt.r. I will be ol.�d'to =t Uith you t your convenience to look• -t this lot. Sinc=r ly, Rodger Slater -� �:� '.• fit= Winkler 2223 Dodge Street Omaha. Nebraska 68102 Telephone 4023484000 October 17, 1979 Mr. Tom Colbert Eagan City Engineer . 3795 Pilot Knob Road • Eagan, Minnesota 55122 Dear Mr. Colbert: Northern Natural Gas Company We are in receipt of two notices of special assessment relating to Improvement Project 11232 as follows: Northern Natural Gas Company Parcel 10-01900-031-52 Lot 31, Block 52, Sec. 19 $ 2,009.15 Northern Propane Gas Company Parcel 10-01900-020-52 Lot 10, Block 52, Sec. 19 $12 054.98 We wish to appeal these assessments as it is our opinion that they are excessive in relation to any benefit which will accrue to _these properties. We ask that you.review the assessments for a re- determination more in line with the benefit to be received. Northern Natural Gas Company will have no use for the water or sewer lines and Northern Propane Gas Company will have no more than a nominal use :for these services. We will appreciate your reviewing this and, advising us as to your findings. Thank you for your.consideration. Sincerely, PROPERTY TAX DEPARTMENT R. M. Foster. Regional Director. RMF/lh T 1 ' 70 i' q 1 r / 3- ,we as +:;fM:;•:;::e:'i+�+i 113 ip ri f� E 8p ITH : �IeoP 2 PIN .•�� I epP: y x .•..s •y f,: e).; z10 0� lid Ll 14 o` •7 d x-� 1 c . McDONALD-HALLIDAY ENTERPRISES 220 Sansome Street . Suite 1503 San Francisco, California 94104. (415) 781.4634 Mr. Tom Colbert Director of Public Works 3795 Pilot Knob Road E6an, Minnesota55122 October 17, 1979 Re: MHE Eagan Town Investment Prop. Lot 11, Block 57, Section 19 Ecan, Minnesota Dear Mr. Colbert: We spoke today by telephone with Ann Goers of your department regarding the above referenced property and decided that it was.in our best interest to write this letter. On September 29,'1978, we were assessed $26,501.90 .for the.improvement of storm. sewer trunk. We did not appeal - this charge at that time because we had not owned the'. proFerty.very long and were unfamiliar with appeal procedures in your community. Then', on October 8, 1979, we received. another Notice of Svecial'A'ssessment in the amount of. $47,463.80. -for the improvement of service'stubs. Therefore, in approximately one year we have been assessed $74,000.00 which.appears to be excessive for property which cannot even be put to a constructive use for at least another two years. Even then, it appears the most recent assessment is excessive in relationship to value. We are.herewith'requesting that the Assessment Review Committee review this ratter to determine if, in fact,. the .recent assessment has been imposed upon us in a fair and equitable manner. We appreciate your assistance in this matter. Any information you could supply us that explains.the assess- ment process would.be helpful. Very truly yours, MHE EAGAN TOWN INVESTMENT PROPERTIES BY Herbert A. West /D. 8` RAR AMERICA io ao o .}•:rte:.:; •: .1 00 Oz N O O BURNS V/L L E INN. T. OF. TRANS RTATION \RIHT WAY T PLAT N0. 19 O 0 i :+:`• y� 2 �•�;}'�::�:�?:�''r � �'�'':1•i��: is J N I '77 8` RAR AMERICA io ao o .}•:rte:.:; •: .1 00 Oz N O O BURNS V/L L E INN. T. OF. TRANS RTATION \RIHT WAY T PLAT N0. 19 O 0 i :+:`• y� 2 �•�;}'�::�:�?:�''r � �'�'':1•i��: is J N I - ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN IST..PAULI, MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH March 13, '1980 AREA CODE 612 KEVIN W. EIDE TELEPHONE 454-4226 Eagan Assessment Committee City,of Eagan . 3795 Pilot Knob Road Eagan, dLq 55122 Re: Current Assessment Issues Dear Assessment Committee Members: The City Attorney's office requests the assistance of the Assessment Committee in determining how to proceed on two assessment issues that have been raised by Dunn b Curry Real Estate Management, Inc. In both cases the City and Dunn% Curry are ready to,close on the particular parcels subject to the .resolution of these assessment issues. 1. Lexington Park Dedication. The.20.3 acre parcel of land, referred to as. Lexington Park, is located in the northbesE quadrant of the proposed intersection for Lexington Avenue and Wilderness Run Road. There are no present levied assessments on this 20 acre piece, however, the Eagan Assessment Clerk has indicated that there are pending assessments in the amount of S590 per ac 807, of the acreage for Yater area assessment and the sam mount for sewer trunk. ,She has also indicated chat street assessments are pending in the amount of 950 front feet at $18 per foot and -380 front feet at $6 per front foot. The Eagan Assessment Policy. Guide reflects "when. park land' is dedicated as part of.a residential development,'the developer shall be'responsible for the payment of all assessments against.the park land existing at the time of the dedication." The questions raised by Dunn 6 Curry. Real Estate' Management, Inc., are in regard to whether the pending assessments which I have already cited were existing at the time of dedication in •that they are pending and not,levied,:and secondly, whether this land was dedicated as raw land at the time, of the execution of the Lexington.South PUD so as to prevent the future assessment for improvements. Our office, while we are not able to indicate other language which clears up these ambiguities or able' ,to look at past park dedication as.a guide, would take the position that a pending assessment is existing.at the time, of dedication as reflected in the language of,'the policy guide.. Secondly, we would suggest that a Planned Unit Development Agreement for Lexington Southis only'a;guide with which the City and the developer work. and.that under that agreement has not been required to dedicate_certain lands. In fact, `this agreement has been amended several .times and shall be amended in the future to reflect the changes in the developer's and City's.plans for this area. We understand that Rod Hardy of'Dunn S Curry Real Estate Management, Inc., will be submitting a'request to the Assessment Committee to reexamine this position and that. speclfically.Mr. Hardy will suggest .that 'the City absorb or waive any area utility assessments on this property and that .the street assessments be respreid over other land that Dunn 6 Curry owns.in the area. If this is accepted, Dunn & Curry should provide a specific list of property which they own and would like the street assessments levied against.. They should also waive any objections to these assessments. /Z. Dunn & Cum Rea! Estate Management Inc. 4940 Viking Drive Pentag�w Of rr Purk Minheapalis: MN 55435 (6/2) 835.2808. 2.. Lexincton Park Dedication:, Lexington South, as part of its obligations under .its P.D. Agreement with the City of Eagan,'has deeded: to the city a 20.3 acre parcel.of.land in the northwest. quadrant of the intersection of Lexington 'Avenue .and ;Wilderness Run Road. To date the city has not accepted this warranty deed for the following reasons: _ a) Taxes for 1980 -are due on the property b) Restriction for park uses only c) Pending or existing area wide assessments have notbeen paid or provided for. Our response to these conditions are: a) he agree to enter.an agreement on the payment -,of taxes in 1980 b) We are prepared to, amend our restrictions to include all public uses we would suggest that this modification run JVfor the duration of our P.D. Agreement or in the event the �I Q �1 w city wants to se.11 the property, Lexington South.would have IN` I the right of first refusal to repurchase the property during that same period. ✓/I c) We believe that any existing unpaid area wide assessments or U any pending area wide_ assessments are properly the obligation of the.city. As the park will be used by the.overall community and as 'there will no doubt be some services to. the site (i.e. toilets and drinking fountains) these.are city costs. .As for local assessments for streets and sewer, that serve particular projects, they should be levied against the affected private_ properties. It is our position'that any area wide installations that result in area wide benefits should be subject to area wide charges, whether it be on the taxing of land or. the leving of charges. Would you kindly place our requests on your next agenda and so notify us that we may attend. Sincerely yours, Ly:.� ltddnek• D. Hardy Vice 'President RDH:lj /3: ,, Y.IIOb MV,Y9 :IYI Y�IIbl1 Y3AN/Mel f -1i I' I�;a �� • jam' �P PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HI ,HWAY March.13, 980Commi[tee EAGANIST. PAUL), MINNESOTA SSU2 March 13; 1980 Page Two 2. Dodd Road Land Acquisition. This parcel of land, approximately Yi acres, is being purchased by. the City of Eagan from Lexington South, Inc., due to the realignment of Dodd Road. .This land lies between the old and new rights- of-way :and "vas severed from the remainder of Lexington South property.' Because of the size of the property, it -was felt that this severance greatly diminished its value .to Lexington, South, Inc., and the City Council has 4 agreed to acquire this property. As this landis being purchased by the City, of Eagan and is not .being dedicated as a part of a residential development, the,Eagan Policy Guide provisions do not appear,to be clearly applicable. The City does have a policy requiring payment of assessments prior to the taking of land to be. purchased for various reasons. Most notably, this 'policy has been followed in the'recent purchase of park Land. The Fagan Assessment Policy Guide does reflect ,that "City owned property which abuts a street improved through municipal state'aid road funds will not be assessed for the 'street improvements. As the City hones to sell this land to the landowners on the east side of the existing Dodd.Road, this policy statement raises several questions. :First, if this land is not sold to the.adjacent landowners on the east side, should those landowners be assessed along the 1.5 acre piece which would then be considered additional right-of-wav? Secondly, if this 1.5 acre piece is sold,at a later date, could the street assessments be levied against the -•new owner at the. time of the sale?' Again, it is anticipated that Lexington South Inc. will, request the Assessment Committeetoreexamine a City .policy requiring the payment of assessments in advance of the purchase of privately owned land. As Lexington South, Inc., Pwns much of the land surrounding this parcel, it is conceivable that the / Street assessments could be respread as requested in the case of.Lexington VVV Park. Someone from our office will be attending the meeting of the Assessment Committee and will be available to answer further questions.. Sincerely, �- ¢0 - Kevin W. Eide . skk - Dunn & C'urre Real Estate :Nanagetnent Inc. 4940 Viking Drier Pentagon Office Park Minneapolis. MN 55435 (6/2) 835-2808` March 31, 1980 Assessment Committee City.of Eagan, 3795 Pilot Knob Road Eagan, MN 55122 Attention: Mr. Thomas.Hedges City Administration Gentlemen: As developers of substantial land holdings in your community and on behalf of two major land holders Biackhawk Park and Lexington South; Inc. - we. would like to request a procedure for adopting and leving area wide assessments on.certain lands in our holdings. In addition we would like to clear up the obligations on a parcel we are selling the city. The.areas of concern and our position on them may be stated as follows: 1. Dodd Road Land Acquisition: The city has proposed and we have agreed to sell a small parcel of land on the east side of Dodd Road which was residue after the realignment of Dodd Road. As it is severed property, the land was sold in its present state. We have agreed to pay our pro -rata share of the real estate taxes on that property and'any existing outstanding unpaid area wide assessments that were levied at.the time the price was negotiated in the last quarter of 1979. However, our position is that on any pending assessments that will be levied as a result of the Dodd Road con- struction on this parcel, that these assessments will be the obligation of the buyer. .We, therefore, hereby petition the Assessment Committee to place any future assessments on the property being sold as they are.levied and not to either redistribute or request prepayment of them from us. { 1. WILDERNESS A N ROAD LE%INhToN iN �� I N W A cn J 1� T N IC �1L Go N _ S p IVC — N ry 0 . _ N 0 ' c0, m c L �- , -4 -Dm-- SGAIG: 1"=200' March 24, 1980 Mr. Tom Hedges, City of Eagan . 3795 Pilot Knob Eagan, Minnesota Dear Tom: PROBE ENGINEERING COMPANY, INC. 201 Traveler's Trail Burnsville, Mn. 55337 Administrator Road 55122 Re: Proposed Oakwood Addition, Lone Oak Road, Eagan,, Mn. for Mr. Vince Kennedy We have recently prepared a planning layout for a single.family develop- ment -in the above noted location for Mr. Vince Kennedy and his neighbor, Mrs. 'Strand. Service by sanitary sewer and watermain for this area must, of necessity, be taken from a point lying westerly of the northwesterly . corner of the proposed platting by extending these lines across intervening properties. The owners of this intervening property do not wish, at this time,, to have their property served but did express their.willingness to grant easements such that the lines could be placed in a location whereby the property ;could ultimately be served. I am hereby requesting, on behalf of'Mr. Kennedy.and Mrs. Strand, a preliminary indication by .,the Eagan assessment committeeas to -the. possible deferment of the assessments that would be accuring to these northerly pro- perties, should these utilities be constructed there. Please check with Dale Runkle as to this matter, in that he has been involved in all the' meetings and submittals to date regarding the above proposal. Should a favorable opinion be given as to this matter,_ it then would be feasible for Mr. Kennedy and his neighbor, Mrs. Strand, to petition for all of the required'services and continue on with their platting endeavor. Please call if you have any questions. RW/jw cc: Vince Kennedy Dale Runkle . Mrs. Strand . /9. Sincer yourg� R ph D. Wagner, rLAX. , '?•....... .;:?.::.tip?. j'•...:::::.•?y;.1• •� . �: ` £ ' ,:•::•::,•> ,.i RCA 4D' .•:. 00,4el 11 10 10, �QIt, ell 1 1c.Dw� O .K 1 � .: ��- —vc-- WILDERNESS RUN PARK ASSOCIATION Mr. Jack Austin and Bob Peterson, representing. the Wilderness Run Park Association, appeared and asked that the Advisory Park Commictee'consider accepting a. peninsula area located -.to the east side of East Thomas Lake that is.'presently owned' by all property owners in the Wilderness Run lst anal 3rd Additions as. City park land. Mr. Peterson stated that before he purchased his - property he was told,.that 'the peninsula would be a City. park when Wilderness Run 1st and 3rd Additions were platted. Mr. Austin stated that the peninsula. - is serving a park purpose and should be classified as a. City park which would eliminate a need for the area 'residents to. paytaxes on the property as we '.l as a storm sewer assessment which is LD be levied against the .peninsula in tie near future. Committee Member Thurston stated that when Ches Mar 1st Addit: n was.. platted in -1976 the- Advisory Park Committee and City_ Council consid.•red the peninsula for park land dedication, however felt the property should not be dedicated for park purposes for the following reasons: 1. The peninsula would be. a liability factor to the City due to its use as a swimming beach with no lifeguard on duty; 2. The peninsula does not meet the need, for the entire City; 3. The 'acreage dedication for ,the peninsula was less than the ac- ceptable policy for park land dedication; 4. It would be extremely difficult to maintain the property. Mr.. Austin stated that the neighbors are -presently maintaining the property and this could continue in future years. Committee.Member Thomas stated that hewould not consider this property as park land dedication unless there was. a stipulation that if the City 'accepts the peninsula for park land, it cannot be developed. and the use is to be. controlled by. the City.' Committee Member Thurston further stated that normally once property is dedicated existing .and. new property owners expect the property to be maintained by the City of 'Eagan. After further discussion on the matter and a motion by Committee Member' Thurston and a second .by Committee Member Loken, to recommend to the City Council to not accept the peninsula presently owned by. residents of the Wilderness Run 1st .and 3rd Additions and located east of East Thomas Lake as park land -for the following reasons:' 1. The potential liability a public 'beach would have. on the City of Eagan; 2.The peninsula does,not meet, park dedication requirements; 3. The peninsula 'does not meet. the park land needs for the entire - City; 4. The peninsula as park "land would create. park maintenance, problems. Those voting in favor: Thurston, McNeely and Loken. Those voting nay: Carroll;- Tilley and Thomas. :The motion failed on a three to three vote. A mot -ion was then made by 'Carroll, seconded by Tilley, with allmembers voting in favor, 'that the City' Administrator be directed to further research the pro- posal by the homeowners of Wilderness Run 1st and 3rd addition to dedicate the peninsula located in East Thomas' Lake to. the City of Eagan, review the use of said peninsula for a tot lot, consideration for leaving the area as a natural area and further that said property.' owners be given.special consideration regar- ding potential storm sewer assessments against the peninsula. A 8Cl . o. Q m - R4Spe OU- j /I .I � I 3 d L14 ERRS �u - �_— WILD WOOD - LANE - - y - J - ---- -_-4- �_ - - -' — - _ --+- -- = -`-- w� 08 ® EASTER - LA. �r oa l c �p Gd ¢g SSr IGFRD ST. fg._= E 5\��\0 �� a a F v l ,l ClSq� BALSAM -}IE ML K :I E. BALSAIIl Z`; -j f �. 'CIR> , LA.' BALSAM.._ ST ---'g �' - �' CARLSON LAKE i' c v O Sp != ST.i: — CLEOAAE SAL M PARK= �� p' - a _ G� PONDEROSA COSMOS LA _ f eqLcn \� WALFRI - 7 r- - �; �r. N cr - - VE/P/iREE a A RK SL AMARYLt$ 00 ' z u G cr ep�SpM: yP. PO y cy,F/ HALL N ' .0 - CARLSON 0 w' GREENwoo At. 450: �m gQ J LA __. > .} _ - -- ��. TH 1 _�- �, �u I LAKE �. cAS+ --pR �� Oq y_ tr .LARDa ;r PA LAR THGEAS W 9--:; IR.HICKORY ter\ i�',?' +_ +. . AKESroG U a < a �'hor��scc `1 HILL i f OAK LEAF U -j v; CTCc. HICKORY I l o �< _) .�pf ` / : '1 �p:MpF LA' C� OUNSERRYtLej IF w . c I m L A. A Jo: i Z Q1iiK L rn 0 Fm,i a Y W j G\Ft.�i l_LANCASTER Ca Ko. No. 32 BEACON © p ". HIT O� . y w TRENTON > I PARKV/EW 4RF o� 3 gi' �_ GOLF COURSE . W J j Re /�P m �' I I ! I .M �' Q Q La Il CL PN u CIR• u !I W,I it x f I V\N SON 'I .-r I 1 OUTLOT / L POND ' ( QED '9" -E° I I .... E :; {}::: . A .:.:.........: J L I 1 r10 m _ 0 z n r - e • " ::'•.. 0 T D ? U LOT 3 r.-- 1 ._ PON D z / t DE 197' .1Ero'—_ Z - r n:Y ' z \ . 1 --� AJ . � • r is M 5 a °' r o. ao a `"5?� I ,9'•16 ♦ y r IDIRINE ;2E SIDE LAKES +iC (n �e is :r ! Assessment Committee Minutes April 17, 1980 Page Two TRUNK AREA ASSESSMENTS ON UNPLATTED PARCELS Tom Colbert discussed with the City Council the example where the City Council has approved a final plat but the plat has not been recorded with Dakota County. The trunk area assessment provides for 80% of unplatted property greater than three acres in size which, in some instances, allows greater than 20'.6 credit for future right-of-way which is being proposed through the City approved final plat. The staff recommended a revision to the Assessment Policy whereby trunk area assessments be spread on a square foot or acreage basis whether the plat is recorded with the County or not. Blomquist moved, Rahn seconded the motion, recommending the implementation of the policy. All voted yes. LEXINGTON SOUTH PARK Paul Hauge briefly reviewed with the committee the proposed dedication of a 20 -acre parcel on Lexington Avenue and Wilderness Run Road consisting of Lexington Park by Lexington South Inc. to the City as a part of the Lexington South PUD park dedication requirements. There are pending assessments for area water and sewer and street assessments. The Eagan Assessment Policy Guide pro- vides that when park land is dedicated as a part of a residential development,'essments t that the developer shall be responsible for the payor ent of all the park land existing at the tine of dedication. The question arises concerning pending assessments. Mr. Rod Hardy, Dunn on CurrybehalReal the Estate 'Manadevelopegemenntt, Inc and David Sellergren, attorney, appeared Curry has objected to the pending property andsfor secondlyasewer requesteddthatethenlateralg that there is no benefit to the prop y assessments be respread over adjoining private residential parcels within the Dunn & Curry development. There was discussion concerning the area wide assess- ments to account for park land that otherwise would Vogt sbe assessednded the for areaon,[ id refer benefits. After discussion, Blomquist moved, 8 the matter for further study to the City staff for future recommendation. DODD ROAD -- LEXINGTON SOUTH INC. Mr. Colbert explained the decision by the City Council to purchase 1.45 acres from Dunn & Curry which had been severed due to the Dodd Road street improvement revisions in 1979. There were questions as to whether the City could assess the small parcel agreed to be purchased by the City from Lexington South for benefits for the street and the utility improvements, particularly if the owner of the property to the east did not purchase that 1.5 acre parcel. After a discussion of the various alternates, $3. Hardy0 per indicated dacre for sthat Dunn ncedamagesCurry and would be willing to receive payment of then accept all of the lateral and street assessments together with area assessments for the 1.45 acre parcel. Egan moved, Rahn seconded the motion, to recommend that the City Council action to purse the parcel in fee be rescinded and that the offer of Dunn & Curry to pay $3,000severance provided, excluding the existing Dodd Road right-of-way be paid to Dunn & Curry normalrlateral Dutility uassessm Lexington street tassessments land garea ree tassessedo be for howeve, that assessments on the parcel. All voted yes. NEW BUSINESS SPECIANDASSESSMENT COMMITTEE A. Consideration of Special Assessment Committee. Recommendations -- There were a number of issues brought before the Assessment Committee at their April 17, 1980 meeting. For a review of those issues and the action taken by the Assessment Committee for recom-. mendation to the City Council, please refer to .pagesfT'33'jy through �(�iA letter was addressed to the City CounciMr. Don C'fii in, addressing the improvement 79-12 (Dodd Road Project). Mr. Giblin is an attorney at law representing the Michael Dinneen pro- perty. His letter and the response by the City Attorney's office is found on pages through u o . The Director of Public Works, City Attorney an ty Administrator will review these items at the meeting on Tuesday._ Action should be considered on certain items as recommended by the staff on Tuesday as they pertain to the Special Assessment Committee recommendations. A letter was sent to all persons attending the April 17 meeting, stating that these items would be brought forth before the City Council at the June 3, 1980 meeting. 3a J;-:... 0 &BjECL r:1 APPROVAL ASSESSMENT coMMITTEE MEETING APRIL 17, 1980 A meeting of the Eagan Assessment Committee was held at 7 'p.m. on April 17, 1980, at City Hall. Those present were Chairman Don Knight, Members Arthur.Rahn, Dale Vogt, Bea Blomquist, and Tom Egan. In addition, Tom Colbert, Bob Rosene and Paul Hauge were present. PROJECT R232A -- SUPF.RA`?ERICA UTILITIES Mr. Colbert reviewed the objections of three property owners who have been.assessed as a part of Project #232A on September 18, 1979, at the Assessment Hearing regarding SuperAmerica utilities project. .A. Rodger Slater. Rodger Slater, together with Jean Parranto, appeared to the frontage assessment on Highway #13 for regarding Mr. Slater's objection staff. It recommended a lot depth of 150 sewer and water as determined by the feetwitha total of 505 assessable front feet covering in irregular parcel on Highway #13 and 145 feet for a triangular parcel between old Highway 413 and_new Highway #13. it was noted that SuperAmerica and E-7. Mini Storage have currently hooked up to the utilities. Mr. Parranto and Mr. Slater objected to the assess- ments because of the steepness o,f the terrain and limited access. There was dis- cussion concerning the potential of the use of all of the land for Lot coverage in the event of construction.. After a lengthy discussion. Egan moved to accept the recommendations of the staff and to leave the assessments as recommCndeand, because, 1) the staff indicates that it.appears to be benefitted prop y, 2) the property has unusual 'dimensions that can be used for open space densitv is unbuildable, and, 3) it is difficult to reassess. purposes even though a portion The recommenddied reductioncofothe assessment byKnight 100hfeetocoveringRahn theseconded Slatertproperty 05 motion to to 4feet for the two Slater parcels. All voted yes.. B. Northern Natural Gas Company. A letter dated October 17, 1979, from Northern Natural Gas Company objecting to the assessments covering two parcels on Highway .#13 claiming lack of benefit because of the use of the land. C. McDonald Hallidav Enterprises. The next parcel relating to Project 8232A was an _objection by McDonald Halliday Enterprises, San Fransisco. California, objecting to assessments in the amount of $47,463.80 claiming that the amount of the assessment against the property on Highway #13 is excessive. Vogt moved, Rahn sec.ond'ed the motion, to consider the Northern Natural Gas and McDonald Halliday objections jointly.. All voted,in favor. The staff recommended no change in either case claiming that there was adequate benefit according to their research on both parcels. Blomquist moved, Vogt seconded the motion to recommend approval of the staff recommendations that no change take place concerning those assessments on those two parcels. All voted in favor. 33 • 'l. Assessment Committee Minutes April 17, 1980 Page Two TRLNK AREA ASSE.SS2TENTS ON .U%PLATTF.D PARCELS Tom Colbert discussed with the City Council the example where the Citv Council has approved 'a final plat butthe plat has not .been recorded with Dakota County. The trunk area assessment provides for 807 of unplatied property greater than three acres in size which, in some instances, allows greater than 20% credit for future right-of-way which is being proposed through the City approved final plat.. The staff recommended a revision to the Assessment Policy whereby trunk areaassessments be spread on a square foot or acreage basis whether the plat is recorded with the County or not. Blomquist moved, Rahn seconded the motion, recommending the implementation of the policy. All -voted -yes. LEXINGTON SOUTH PARK Paul Hauge briefly reviewed with the Committee the proposed dedication of a 20 -acre parcel ,on Lexington Avenue and Wilderness Run Road consisting of Lexington Park by Lexington South Inc. to the Cit:: as a part of the Lexington South PUD park dedication requirements. There are pending assessments for area water and sewer and street_ assessments. The Eagan Assessment Policy Guide pro- vides that when park land is dedicated as a part of a.residential development, that the developer shall be responsible for the payment of.all assessments against the parkland existing at the time of dedication. The question arises concerning pending assessments. Mr. Rod Hardy, Dunn & Curry Real EstateManagement, Inc., and David Sellergren, attorney, appeared on behalf of the developer. Dunn & Curry has objected to the pending assessments for area sewer and water indicating that there is no benefit to the property and secondly requested that the lateral assessments be respread over adjoining, private residential parcels within the Dunn & Curry development. There was discussion concerning the area wide assess- ments to account for park land that otherwise would be assessed for area wide benefits. After discussion, Blomquist moved, Vogt seconded the motion, to refer` / the matter for further study to the City staff for future recommendation. V DODD ROAD -- LEXINGTON-SOUTH'INC: Mr. Colbert explained the decision by the City. Council to purchase 1.45 acres from Dunn & Curry which had been severed due to the Dodd Road street impro•:ement revisions in 1979. There were questions as to whether the City could assess the small parcel agreed to be;.purchased by the City from Lexington SouSheth for benefits for the street and the utility improvements, p Y owner of the propert;: to the east.did not purchase that 1.5 acre parcel., After a discussion of the •various alternates, Mr. Hardv'indicac:•c that Dunn & Curry would be willing to receive payment of 53,000.per acre for severance damages and then accept all of the lateral and street assessments together with area assessments for the 1.45 acre parcel. Egan.moved, Rahn seconded the Motion, to recommend that the.City Council action to purchase the parcel in fee be rescinded and that the offer of Dunn & Curry to pay $3,000 per acre for.severance damage . excluding the.ex'isting'Dodd Road right=of-way be paid to Dunn ;& Curry provided, however, that Dunn & Curry - Lexington South, Inc., will agree to be assessed for normal lateral utility assessments, street assessments,'and area assessments on the parcel. All voted yes. - 34 Assessment Committee Minutes April 17, 1980 Page Three i OAK WOOD ADDITION -- VINCE KENNEDY Mr. Vince Kennedy appeared.regarding his request that the Committee recommend deferral of assessments accruing to the property running northerly of proposed Oakwood Addition on the/north side of Lone Oak Road until such time as that area is assessed. It was noted that utilities would come in from the west and that' the area requesting deferrment is not, prepared to be developed at the 'present time. The adjoining owners are willing to grant easements for the utilities but are not willing to accept assessments. Blomquist moved, Egan seconded the motion, to refer the matter to the City Council and recommend that the Council accept the request for deferral of the assessments but that they be based upon a con- nection charge and be charged at the rate then in existence at the time of develop- ment of that area west of the proposed Oak Wood Addition. WILDERNESS RUN PARK Mr. Jack Osten and another representative of Wilderness Run Park Associa- tion' appeared and requested that the proposed storm sewer assessments on the two lot Wilderness Run peninsula in Thomas Lake be eliminated because of lack of benefit. He stated that the land is owned by a nonprofit association and 'a, large number of neighboring property owners are the owners. The Park Committee recommended against acceptance of dedication of the peninsula to the City -for park purposes due to maintenance problems. Blomquist.moved to direct the staff to review the possibility of respreading the assessments for the two lots over the entire Blackhawk Lake storm sewer project area consisting of Project 1257. Rahn seconded the motion. All voted in favor. It was noted that the assessment hearing would be held on Project 11257 on May 6, 1980. GOPHER SMELTING COMPANY -- YANKEE DOODLE ROAD IMPROVEMENTS The Committee discussed the potential assessments against property owned by Gopher Smelting Company consisting of Gopher Eagan Industrial PUD property at the intersection of Highway 1149 and Yankee Doodle Road. It was noted under Project #184 that Dakota County had'ordered the realignment of County Road 128 -- Yankee Doodle Road-- at.the intersection of 149 and the projecthasnow been completed. The.Dakota'County Highway Department has -submitted a request for final payment from the City with the total cost of the.project at $67',835..71 and.the 45%. share by the City in the amount of S29,676.07. The question arose as to whether the Gopher Smelting property on either side of the realigned intersection would be benefitted'by the improvement of the intersection.and there was considerable discussion by the Committee. The members reviewed the reconstruction of. the Gopher Smelting -Plant on the north side and the realignment of the access to Yankee Doodle Road.. It was noted that Gopher Smelting Company has a new access westerly of the intersection and there have been plans for platting the Gopher Smelting lead plant area. After considerable discussion, Rahn moved, Egan seconded the motion, to recommend to the City Council that the property on either side of the realigned intersection of Yankee Doodle Road at the intersection of County Road #28. and Highway #49,'be assessed on the basis -of benefit for the road improvements for reasons including the following: 3S Assessment Committee Minutes April 17. 1980 Page Four 1. That there is a considerable improvement in the-safety.aspects of the ,intersection. 2. That the Gopher Smelting Company has a new access lying westerly which is an improvement for egress and ingress of vehicles including larger trucks from the Gopher Smelting site. 3. The Eagan Assessment policy provides for assessment of benefitted property. 4. That.there is an improved stacking distance from the west for vehicles at the intersection. '5. That Dakota County has requested the change to improve the site distance and improve the intersection. . 6. 'There appears to be substantial improvement to the property including increase in valuation due to these improvements. i All voted.in favor. TWIN VIEW ?MANOR There was a question from Mr. Colbert as to whether.the lots in Twin View Manor should be assessed for utility improvements and street -improvements on a front footage basis or on a per lot basis. After considerable.discussion, it was noted that generally projects of that nature are.assessed on a front footage basis. Upon motion by Knight, seconded Egan, it was recommended by the Council that the front footage basis be used for assessments for utilities and street improvements in Twin View Manor. All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. WHE 3b 0 0 DONALD F. GIBLIN ATTORNEY AT LAW MINNESOTA STATE BANK BUILDING 200 SO. ROBERT STREET - SAINT PAUL. MINNESOTA 55107 f613) 222-2754 May 22, 1980 Mayor and City Council City of Eagan 3795 Pilot Knob Road Eagan, MN 55121 Re: Improvement 79-12 Dodd ,Road County Road 30'- County Road 32 Michael Dineen Property Dear Honorable Mayor and Council: Please take notice that I am the attorney for the above named land owner in Eagan and I am rather amazed and confounded at the actions of the City Attorney and his associates, the Mayor.and Council and the assessment committee. After reading my initial correspondence to Mr. Kevin Eide of November 21; and. reviewing 'the return letter of January 2 from the.City Attorney's office, it seems extremely strange that the change of events took place without any knowledge on the part of myself or my client. What kind of a governing body sends a letter of notice of a hearing out on April 22 indicating that an asses sment,committee meeting was held on April'17 without any notice.to myself or my client, and then -indicating that the Council would hear the matter on May 6.. I strongly urge that you have an investigation of this, entire matter and the relationship between Dunn& Curry Real Estate and members of the Council and City,.Attorney's office. I would like a complete explanation of what is being pulled off by members of our governing body of Eagan. In addition to being the attorney for the above named land owner; I happen to be a resident of the City.of Eagan and I am more than concerned with some of the shenanigans that are`going.on.in the_City. It seems more than strange to me,that the offer of $6,000 for the 1.45 acres of Dunn & Curry's was changed so'that -.27 Mayor and City Council May 22, 1980 Page 2 they received $3,000 for merely _an easement which created frontages on both sides of the newly laid out road. That does not appear to be an arms -length transaction inasmuch as no condemnation was commenced. In so doing my client has effectively had his frontage eliminated and for the most part, is completely land -locked. Your City Attorney may be astute enough to indicate to you that. the City is now vulnerable for an inverse condemnation action brought by my client which will cost' the City extremely more money than the former agreement which was made by agents of the City. It is absolutely appalling to me how the .representa- tives of the of the City have acted in this matter thus far. I would like an immediate explanation. Sin erely, Donald F. 1 Gi in DFG:gb cc: Paul H. Hauge & Associates, P.A. Attorney at Law No i PAUL A. HAUGE & AssOCIAT'Es, P. A. ATTORNEYS AT LAW 8208 SIBLEY'MEMORIAL MIONWAY LOAN (ST. PAUL). MINNESOTA 75122 PAUL M. MAUDE BRADLEY SMITH KEVIN W. RIDE Mr. Don Giblin Attorney at Law Minnesota State Bank Building 200 South Robert Street St. Paul,MN 55107 Re: Michael Dineen Property Eagan Storm Sewer Project #241 Dear Mr. Giblin: May 28, 1980 AREA CODE SIR T[l[rMON[ 484.4224 In response to your letter to the Mayor and City Council of theCity of Eagan, dated May 22, 1980, I would like to set forth our understanding of the events which have transpired to date.and also the present status of the approximately one acre tract of land in which you are interested. During the fall of 1979, your client Mr. Dineen, Bob Rosene, and I met at the City.Hall to discuss a proposed exchange of a sliver of land which was being'severed,from a larger parcel owned by Lexington South, Inc., by the relocation of Dodd Road. Following our discussion and City Council -consideration of this tentative proposal, you set.forth certain conditions to be agreed upon in your letter of November 21, 1979. At that time you asked our office to respond as.to the details of your proposal. In response to this letter,.I set forth a six point proposed settlement based upon discussions with the City staff. This settlement, as you will note at the'end of paragraph 1 of my letter of January 2, 1980, was expres- sly contingent on the City obtaining a fee interest in the property. Our final correspondence involved a letter by you dated January,9, 1980, requesting an exact calculation of the assessments which would be levied on the entire Dineen property assuming this proposed settlement would be reached. I responded on January 18, 1980, by setting forth the City's policy regarding assessment of unusually shaped tracts of'land and sug- gesting that any further_ clarification would require an assessment committee determination and asked that you contact me if further information was requested. After January 18, 1980, there.has been'no further correspondence. On -or about December 19, 1979, the Eagan City Council agreed to purchase the sliver of land from Lexington South, Inc., for the sum of $6,000 repre- senting.a fee title interest to the property. However, in attempting -to close on this particular piece of property, the City informed Lexington 39 • f Mr. Giblin May 28, 1980 Page Two i South, Inc., of the normal City policy of requiring all assessment s,,pending and levied, to be paid prior to the acceptance.of land by the City of Eagan. In this case, Lexington South, Inc., would be required to pay for the utility and street assessments which are the result of.the present Dodd Road improvements. Lexington South, Inc., objected to this requirement and requested a determination Wthe matter from the Eagan Assessment Committee. On April. 17, 1980, this matter was discussed by.the Committee and .at that time and without prior knowledge of the staff or our office, the representative of Lexington South, Inc., suggested that, in resolution of the various assessment questions, Lexington South retain fee title interest to the severed property and continue to.pay assessments and that it receive $3,000 in damages due to the virtual uselessness of this property to. Lexington South. The Eagan Assessment Committee determined this to be. an equitable resolution of.the matter and recommended to the Eagan City Council that the original agreement to purchase be rescinded and this compromise solution . substituted. Subsequent to the Assessment Committee decision, notice of the Assessment Committee recommendation including notice of the May 6, 1980 Council meeting was forwarded to Mr. Dineen. Consideration'of this matter has been postponed and rescheduled to the Council meeting on June 3, 1980. Hopefully this matter will be equitably resolved at that time. skk cc: Thomas L. Hedges Sincerely, Kevin W. Eide 40 • 49 JECT TO APPROVAL ASSESSMENT COMMITTEE MEETING APRIL 17, 1980 A meeting of the Eagan Assessment Committee;. was held at 7 p.m. on April 17, 1980, at City Hall. Those present were .Chairman Don Knight, Members Arthur Rahn, Dale Vogt, Bea Blomquist, and Tom Egan. In addition; Tom Colbert, Bob Rosene and Paul Hauge were present.:. PROJECT 9232A -- SuPFRANfERICA UTILITIES Mr. Colbert reviewed the objections of three property owners who have been assessed as a part of Project 9232A on September 18, 1979, at the Assessment Hearing regarding SuperAmerica utilities project. g g eared v A. Rodger Slater. Rod er Slater, together with Jean Parranto, app regarding Mr. Slater's objection to the frontage assessment on Highway 913 for sewer and water is determined by the staff. It recommended a, lot depth of 150 feet with a total of 505 assessable front feet covering an irregular parcel on Highway 1113 and 145 feet for a triangular parcel between old Highway 913 and new Highway 913. It was noted that':' SuperAmerica and E-7. Mini Storage have currently hooked,up to the utilities. Mr. Parranto..and Mr. Slater objected to the assess- ments because of the steepness,of the terrain and limited access. There was'dis- cussion concerning the potential of the use of all of the land for lot coverage in the event of construction. After a lengthy discussion, Egan moved to accept as recommended the recommendations of the staff and to leave the assessments because, 1) the staff indicates that it appears to be.benefitted property, and, 2) the property has unusual dimensions that can be used for open space density purposes even though a portion is unbuildable, and, 3) it is difficult to reassess. The motion died for lack of a second. Knight thenmoved, Rahn seconded the motion to recommend reduction of .the assessment by 100 feet covering the Slater property to 405 feet for the two Slater parcels. All voted yes. B. Northern Natural Gas Company. A letter dated October 17, 1979, from Northern Natural Gas Company_.objecting to the assessments covering two parcels on Highway 913 claiming lack of benefit because of the use of the land. C. McDonald Halliday Enterprises. The next parcel relating to Project ✓ #232A was an objection by P1cDonald Halliday Enterprises, San Fransisco, California„ that the objecting to assessments.in the amount of $4,7,463.80 claiming, movof ed,' the assessment against the property,on Highway 1.13 is excessive. Vogt moved; Rahn seconded the motion, to consider the Northern Natural Gas and McDonald Halliday objections jointly: All voted in favor. The staff.recommended no change in,either case claiming that there was adequate benefit according to their research on both.parcels. Blomquist moved, Vogt seconded the motion to recommend approval of the staff recommendations that, no change take place concerning.those assessments on those two parcels. All voted in favor. Assessmen_ Commitce.oinutes • April 17, 1980 Page Two TRUNK AREA ASSESSMENTS ON UNPLATTF.D PARCELS /'. 0 ' . Tom Colbert discussed with the City Council.the,example where the City Council has approved a final plat but the plat has not been recorded with Dakota County. The trunk area assessment provides for 80% of unplatted property greater . than three acres in size which, in some instances, allows greater than 20`/, -credit ' for future right-of-way which is being proposed through -the City approved final plat. The staff recommended a revision to the Assessment Policy whereby trunk. area assessments be spread on a square foot or acreage basis whether the..plat is recorded with the County or not: Blomquist"moved, Rahn seconded the motion, recommending the implementation of the policy. All voted yes. LEXINGTON SOUTH PARK Paul Hauge briefly reviewed with the Committee the proposed dedication of a 20 -acre parcel on Lexington Avenue and wilderness.Run Road consisting of Lexington Park -by Lexington South Inc. to the City as a part of the Lexington South PUD park dedication requirements. There are pending assessments for area water and sewer and street assessments. The Eagan Assessment Policy Guide pro-. vides that when parkland is dedicated as a part of a residential development, that the developer shall be responsible for the payment of all assessments against the park land existing at the time of dedication. The question arises concerning pending assessments. Mr. Rod Hardy, Dunn & Curry Real Estate Management, Inc., and David Sellergren, attorney, appeared on behalf of the developer_. Dunn & Curry has objected to the pending assessments for area sewer and .water indicating thatthere is no benefit to the property and secondly requested that the'lateral assessments be respread over adjoining private residential parcels within the Dunn & Curry development. There was.discussion concerning the area wide assess- ments to account for park land.that otherwise would be assessed for area wide benefits. After discussion, Blomquist moved, Vogt seconded the motion, to refer the matter for further 'study to the City staff for future recommendation. DODD ROAD -- LEXINGTON SOUTH INC. Mr. Colbert explained the decision by the City Council to purchase . 1.45 acres from Dunn & Curry which had been severed due to the Dodd Road,.street improvementrevisions in 1979. There were questions as to whether`the.City could assess the small ,parcel agreed to be 'purchased by the City from Lexington South for benefits for the street and'the utility improvements, particularly if the owner of the property to the east -did not purchase that 1.5 acre parcel. After a discussion of the various alternates, Mr. Hardy indicated that Dunn--& Curry would be willing to receive payment of'$3,000 per acre for severance damages and then accept all of the lateral and street assessments together with area . assessments for the 1.45.acre parcel. Egan moved, Rahn seconded the motion, to / recommend that the City Council action to:purchase the parcel in fee be rescinded and that the offer of Dunn & Curry to pay $3,000 per acre for severance damage excluding the existing Dodd Road .right-of-way be paid to Dunn & Curry provided, however, that Dunn & Curry - Lexington South, Inc.., -will agree to..be assessed for .normal lateral utility assessments„ street assessments.and area assessments on the parcel. All'voted'yes. Assessment Committeetnutes April 17, 1980 Page Three OAK WOOD ADDITION.-- VINCE KENNEDY Mr. Vince Kennedy appeared regarding his request that the Committee recommend deferral of assessments accruing to the property running northerly of proposed Oakwood Addition on the north side of Lone Oak Road until such time as that area is assessed. It was noted that utilities would come in from the west and that the area requesting deferrment is not prepared to be developed at the present time. The adjoining owners are willing to grant'easements for the utilities but are not willing to accept assessments. Blomquist moved, Egan secondedthe motion, to refer the matter to the City t Council and recommend that the Council accept the request for deferral of the assessments but that they be based upon a con- V nection charge and be charged at the rate then in existence at the time of develop- ment.of that area west of the proposed Oak Wood Addition. WILDERNESS RUN PARK Mr. Jack Osten and another representative of Wilderness Run Park Associa- tion appeared and requested that the proposed storm sewer assessments on the two lot Wilderness Run peninsula in Thomas Lake be eliminated because of lack of - benefit. He stated that the land is owned by a nonprofit association and a large number of neighboring property owners are the owners. The Park Committee recommended against acceptance of dedication of the peninsula to the 'City for park purposes due to maintenance problems. Blomquist moved to direct the staff to review the possibility of respreading the assessments for the two lots over the entire Blackhawk Lake storm sewer project area consisting of Project #257. Rahn seconded the motion. All voted in favor. .It was noted that the assessment hearing would be held on Project #257 on May 6, 1980. GOPHER SMELTING COMPANY -- YANKEE DOODLE ROAD IMPROVEMENTS The Committee discussed the potential assessments against property owned by Gopher Smelting Company consisting of Gopher Eagan Industrial PUD property at the intersection of Highway #49 and Yankee Doodle Road. It was noted under Project #184 that Dakota County.had ordered the realignment of County Road #28 -- Yankee Doodle Road-- at the intersection of h49 and the project has now been completed. The Dakota County Highway.Department has submitted.a request for final payment from the City with the total cost of the ,project at $67,835.71 and the 45% share by the City in the amount of $29,676.07. The question arose as to whether _ the Gopher.Smelting property on either side of the.realigned intersection would .be benefitted by the improvement of the intersection and there was considerable discussion by the Committee. The members reviewed the reconstruction of the Gopher Smelting Plant on the north.side and the realignment of the access to Yankee Doodle Road... It was noted -that Gopher Smelting Company has a.new access k westerly of the intersection and there have been plans for platting the Gopher Smelting lead plant area. After considerable: discussion, Rahn moved,, Egan seconded the motion, to recommend to the City Council that the',property on either side of the realigned intersection of Yankee Doodle Road at the intersection of County .Road $28 and Highway #49, be assessed on .the basis of benefit for the road improvements.for reasons including the following: • Assessment Committee0nutes April 17, 1980 Page Four 1. That there is a considerable improvement in the safety aspects of the intersection. 2. That the Gopher Smelt-ing Company has a new access lying westerly which is an improvement for egress and ingress of vehicles including larger trucks.from the Gopher Smelting site. 3. The Eagan Assessment policy provides for assessment of benefitted property. 4. That there is an improved stacking distance from the west for vehicles at the intersection. ` 5. That Dakota County.has requested the change to improve the site distance and improve the intersection. 6. There appears to be substantial improvement to the property including increase in valuation due to these improvements. All voted•in favor. TWIN VIEW MANOR There was a question from Mr. Colbert as to whether the lots in Twin View Manor should be assessed for utility.improvements and street improvements on a front footage basis or on a per lot basis. After considerable discussion, it was noted that generally projects of.that nature are assessed on a front footage basis. Upon motion by Knight, seconded Egan,.it was recommended by the Council . that the front footage basis be used for assessments for utilities and street improvements in Twin View Manor. All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. PHH a i , , i.� WA • SaCT TO APPROVAL ASSESSMENT COMMITTEE MEETING APRIL 17, 1980 A meeting of the Eagan Assessment Committee was held at 7 p.m. on April 17, 1980, at City Hall. Those present were Chairman Don Knight, Members Arthur Rahn, Dale Vogt, Bea Blomquist, and Tom Egan. In addition, Tom Colbert, Bob Rosene and Paul Hauge were present. PROJECT 11232A -- SUPERAMERICA UTILITIES Mr. Colbert reviewed the objections of three property owners who have been assessed as a part of Project #232A on September 18, 1979, at the Assessment Hearing regarding SuperAmerica utilities project. A. Rodger Slater. Rodger Slater, together with Jean Parranto, appeared regarding Mr. Slater's objection to the frontage assessment on Highway 013 for sewer and water as determined by the staff. It recommended a lot depth of 150 feet with a total of 505 assessable front feet covering an irregular parcel on Highway 1113 and 145 feet for a triangular parcel between old Highway #13 and new Highway 1113.. It was noted that SuperAmerica and E-7. Mini Storage have currently hooked up to the utilities. Mr. Parranto.and Mr. Slater objected to the assess- ments because of the steepness of the terrain and limited access. There was dis- cussion concerning the potential of the use of all of the land for lot coverage in the event of construction. After a lengthy discussion, Egan moved to accept the recommendations of the staff and to leave the assessments as recommended because, 1)' the staff indicates that it appears to be benefitted property, and, 2) the property has unusual dimensions.. that can be used for open space density purposes even though a portion is unbuildable, and, 3) it is difficult to reassess. The motion died for lack of a second. Knight then moved, Rahn seconded the motion to recommend reduction of the assessment by 100 feet covering the Slater property to 405 feet.for the two Slater parcels. All voted yes. B. Northern Natural Gas Company. A letter dated October 17, 1979, from Northern Natural Gas Company objecting to the assessments covering two parcels on Highway #13 claiming lack of benefit because of the use of the land. C. McDonald Halliday Enterprises. The next parcel relating to Project 1l232A was an objection by McDonald Halliday Enterprises, San Fransisco, California, objecting to assessments in the amount of $47,463.80 claiming that the amount of the assessment against the property on Highway #13 is excessive. Vogt moved, Rahn seconded the motion, to consider the Northern Natural. Gas and McDonald Halliday objections jointly. All voted in.favor. The staff recommended .no change in either. case claiming that there was adequate benefit according to their research on both parcels. Blomquist moved, Vogt seconded the motion to recommend approval.of the.staff recommendations that no change.take place concerning those assessments on those two parcels. All voted in favor. • Assessment Committee Minutes April 17, 1980 Page Two TRUNK AREA ASSESSMENTS ON UNPLATTF.D PARCELS Tom Colbert discussed with the City Council the example where the City Council has approved a final plat but the plat has not been recorded with Dakota County. The trunk area assessment provides for 80% of unplatted property greater than three acres in size which, in some instances, allows greater than 20% credit for future right-of-way which is being proposed through the City approved final plat. The staff recommended a revision to the Assessment Policy whereby trunk area assessments be spread on a square foot or acreage basis whether the plat is recorded with the County or not. Bl'omquist moved, Rahn seconded the motion, recommending the implementation of the policy. All voted yes. LEXINGTON SOUTH PARK Paul Hauge briefly reviewed with the Committee the proposed dedication of a 20 -acre parcel on Lexington Avenue and Wilderness Run Road consisting of Lexington Park by Lexington South Inc. to the City as a part of the Lexington South PUD park dedication requirements. There are pending assessments for area water and sewer and.street assessments. The Eagan Assessment Policy Guide pro- vides that when park land is dedicated as a part of a residential development, that the developer shall be responsible for the payment of all assessments against the park land existing at the time of dedication. The question arises concerning pending assessments. Mr. Rod Hardy, Dunn & Curry Real Estate Management ,'Inc., and David Sellergren, attorney, appeared on behalf of the developer. Dunn & Curry has objected to the pending assessments for area sewer and water indicating that there is no benefit to the property and secondly requested that the lateral assessments be respread over adjoining private residential parcels within the Dunn & Curry development. There was discussion concerning the area wide assess-. ments to account for park land that otherwise would be assessed for area wide benefits. After discussion, B1'omquist moved, Vogt seconded the motion, to refer the matter for further study to the City staff for future recommendation. DODD ROAD -- LEXINGTON SOUTH INC. Mr. Colbert explained the decision by the City Council to purchase 1.45 acres from Dunn & Curry which had been severed due to the Dodd Road street improvement revisions in.1979. There were questions as to whether the City could assess the small parcel agreed to be purchased by the City from Lexington South for benefits for the street and the utility improvements, particularly if the owner of the property to the east did not purchase that 1.5 acre parcel. After a discussion of the various alternates, Mr. Hardy indicated that Dunn & Curry would be willing to receive payment of $3,000 per acre for severance damages and then accept all of the lateral and street assessments together with area assessments for the 1.45 acre parcel. Egan moved, Rahn seconded the motion, to recommend that the City Council action to purchase the parcel in fee be rescinded and that the -offer of Dunn & Curry to pay $3,000 per acre for severance damage excluding the existing Dodd Road right-of-way be paid to Dunn & Curry provided, however, that Dunn & Curry - Lexington South, Inc., will agree to be assessed for normal lateral utility assessments, street assessments and area assessments on the parcel. All voted yes. Assessment Committee Minutes April 17, 1980 Page Three OAK WOOD ADDITION.-- VINCE KENNEDY Mr. Vince Kennedy appeared regarding his request that the Committee recommend deferral of assessments accruing to the property running northerly of proposed Oakwood Addition on the north side of Lone Oak Road until such time as that area is assessed. It was noted that utilities would come in from the west and that the area requesting deferrment is not prepared to be developed at the present time. The adjoining owners are willing to grant easements for the utilities but are not willing to accept assessments. Blomquist moved, Egan seconded the motion, to refer the matter to the City Council and recommend that the Council accept the request for deferral of the assessments but that they be based upon a con- nection charge and be charged at the rate then in existence at the time of develop- ment of that area west of the proposed Oak Wood Addition. WILDERNESS RUN PARK Mr. Jack Osten and another representative of Wilderness Run Park Associa- tion appeared and requested that the proposed storm sewer assessments on the two lot Wilderness Run peninsula in Thomas Lake be eliminated because of lack of benefit. He stated that the land is owned by a nonprofit association and a large number of neighboring property owners are the owners. The Park Committee recommended against acceptance of dedication of the peninsula to the City for park purposes due to maintenance problems. Blomquist moved to direct the staff to review the possibility of respreading the assessments for the two lots over the entire Blackhawk Lake storm sewer project area consisting of Project 11257. Rahn seconded the motion. All voted in favor. It was noted that the assessment hearing would be held on Project 11257 on May 6, 1980. GOPHER SMELTING COMPANY -- YANKEE DOODLE ROAD IMPROVEMENTS The Committee. discussed the potential assessments against property owned by Gopher Smelting Company consisting of Gopher Eagan Industrial PUD property at the intersection of Highway 1149 and Yankee Doodle Road. It was noted under Project #184 that Dakota County had ordered the realignment of County Road #28 -- Yankee Doodle Road-- at the intersection of 1149 and the project has now been completed. The Dakota County Highway Department has submitted a request for final payment from the City with the total cost of the project at $67,835.71 and the 45% share by the City in the amount of $29,676.07. The question arose as to -whether the Gopher,Smelting property on either side of the realigned intersection would be benefitted by the improvement of the intersection and there was considerable discussion by the Committee. The members reviewed the reconstruction of the Gopher Smelting Plant on the north side and the realignment of the access to Yankee Doodle Road. It was noted that Gopher Smelting Company has a new access westerly of the intersection and there have been plans for platting the Gopher . Smelting lead plant area. After considerable discussion, Rahn moved, Egan seconded the motion, to recommend to the City Council that the property on either side of the realigned. intersection of Yankee Doodle Road at the intersection of County Road 1128 and Highway 1149, be assessed on the basis of benefit for the road improvements for reasons including the following: Assessment Committee Mites • April 17, 1980 Page Four 1. That there is a considerable improvement in the safety aspects of the intersection. 2. That the Gopher Smelting Company has a new access lying westerly which is an improvement for egress and ingress of vehicles including larger trucks from _the Gopher Smelting site. 3. The Eagan Assessment policy provides for assessment of benefitted property. 4. That there is an improved stacking distance from the west for vehicles at the intersection. 5. That Dakota County has requested the change to improve the site distance and improve the intersection. 6. There appears to be substantial improvement to the property including increase in valuation due to these improvements. All voted in favor.. TWIN VIEW MANOR There was a question from Mr. Colbert as to whether the lots in Twin View Manor should be assessed for utility improvements and street Improvements on a front footage basis or on a per lot basis. After considerable discussion, it was noted that generally projects of that nature are assessed on a front footage basis. Upon motion by Knight, seconded Egan, it was recommended by the Council that the front footage basis be.used for assessments for utilities and street improvements in Twin View Manor. All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. 711.1 ASSESSMENT COMMITTEE MEETING APRIL 17, 1980 A meeting of the Eagan Assessment Committee was held at 7 p.m. on April 17, 1980, at City Hall. Those present were Chairman Don Knight, Members Arthur Rahn, Dale Vogt, Bea Blomquist, and Tom Egan. In addition, Tom Colbert, Bob Rosene and Paul Hauge were present. PROJECT 11232A -- SUPERAMERICA UTILITIES Mr. Colbert reviewed the objections of three property owners who have been assessed as a part of Project #232A on September 18, 1979, at the Assessment Hearing regarding SuperAmerica utilities project. A. Rodger Slater. Rodger Slater, together with Jean Parranto, appeared regarding Mr. Slater'.s objection to the frontage assessment on Highway 113 for sewer and water as determined by the staff. It recommended a lot depth of 150 feet with a total of 505 assessable front feet covering an irregular parcel on Highway 1113 and 145 feet for a triangular parcel between.old Highway #13 and new Highway 1113. It was noted that SuperAmerica and E-7..Mini Storage have currently hooked.up to the utilities. Mr. Parranto and Mr. Slater objected to the assess- ments because of the steepness of the terrain and limited access. There was dis- cussion concerning the potential of the use of all of the land for lot coverage in the event of construction. After a lengthy discussion, Egan moved to accept the recommendations of the staff and to leave the assessments as recommended because, 1)' the staff indicates that it appears to be benefitted property, and, 2) the property has unusual dimensions:, that can be used for open space density purposes even though a portion is unbuildable, and, 3) it is difficult to reassess. The motion died for lack of a second. Knight then moved, Rahn seconded the motion to recommend reduction of the assessment by 100 feet covering the Slater property to 405 feet for the two Slater parcels. All voted yes. B. Northern Natural Gas Company. A letter dated October 17, 1979, from Northern Natural Gas Company objecting to the assessments covering two parcels on Highway 1113 claiming lack of benefit because of the use of the land. C. McDonald Halliday Enterprises. The next parcel relating to Project 11232A was an objection by McDonald Halliday Enterprises, San,Fransisco, California, objecting to.assessments in the amount of $47,463.80 claiming that the amount of the assessment against the property on Highway 1113 is excessive. Vogt moved, Rahn seconded the motion, to consider the Northern Natural Gas and McDonald Halliday objections jointly. All voted in favor. The staff recommended no change in either case claiming that there was adequate benefit according to their research on both parcels. Blomquist moved, Vogt seconded the motion to recommend approval of the staff recommendations that no change take place concerning those assessments on those two parcels. All voted in favor. Assessment Committee Minutes April 17, 1980 Page Two TRUNK AREA ASSESSMENTS ON UNPLATTE.D PARCELS Tom Colbert discussed with the City Council the example where the City Council has approved a final plat but the plat has not been recorded with Dakota County. The trunk area assessment provides for 80% of unplatted property greater than three acres in size which, in some instances, allows greater than 20% credit for future right-of-way which is being proposed through the City approved final plat. The staff recommended a revision to the Assessment Policy whereby trunk area assessments be spread on a square foot or acreage basis whether the plat is recorded with the County or not. Blomquist.maved, Rahn seconded the motion, recommending the implementation of the policy. All voted yes. LEXINGTON SOUTH PARK Paul Hauge briefly reviewed with the Committee the proposed dedication of a 20 -acre parcel on Lexington Avenue and Wilderness Run Road consisting of Lexington Park by Lexington South Inc. to, the City as a part of the Lexington.. South PUD park dedication requirements. There are pending assessments for area water and sewer and street assessments. The Eagan Assessment Policy Guide pro- vides that when park land is dedicated as a part of a residential development, that the developer shall be responsible for the payment of all assessments against the park land existing at the time of dedication. The question arises concerning pending assessments. Mr. Rod Hardy, Dunn & Curry Real. Estate Management, Inc., and David Sellergren, attorney, appeared on behalf of the developer. Dunn & Curry has objected to the pending assessments for area sewer and water indicating that there is no benefit to the property and,secondly requested that the lateral assessments be respread over adjoining private residential parcels within the Dunn & Curry development. There was discussion concerning the area wide assess- ments to account for park land that otherwise would be assessed for area wide benefits. After discussion, Blomquist moved, Vogt seconded the motion, to refer the matter for further study to the City staff for future recommendation. DODD ROAD -- LEXINGTON SOUTH INC. Mr. Colbert explained the decision by the City Council to purchase 1.45 acres from Dunn & Curry which had been severed due to the Dodd Road street improvement revisions in 1979. There were questions as to whether the City could assess the small parcel agreed to be purchased by the City from Lexington South for benefits for the street and the utility improvements, particularly if the owner of the property to the east did not purchase that 1.5 acre parcel. After a discussion of the various alternates, Mr. Hardy indicated that Dunn & Curry would be willing to receive payment of $3,000 per acre for severance damages and then accept all of the lateral and street assessments together with area assessments for the 1.45 acre parcel. Egan moved, Rahn seconded the motion, to recommend that the City Council action to purchase the parcel in fee be rescinded and that the offer of Dunn & Curry to pay $3,000 per acre for severance damage excluding the existing Dodd Road right-of-way be paid to Dunn & Curry provided, however, that Dunn & Curry - Lexington South; Inc., will agree to be assessed for normal lateral utility assessments; street assessments and area assessments on the parcel. All voted yes. Assessment Committee Minutes April 17, 1980 Page Three OAK WOOD ADDITION -- VINCE KENNEDY Mr. Vince Kennedy appeared regarding his request that the Committee recommend deferral of assessments accruing to the property running northerly of proposed Oakwood Addition on the north side of Lone Oak Road until such time as that area is assessed. It was noted that utilities would come in from the west and that the area requesting deferrment is not prepared to be developed at the present time. The adjoining owners are willing to grant easements for the utilities but are not willing to accept assessments. Blomquist moved, Egan seconded the motion, to refer the matter to the City Council and recommend that the Council accept the request for deferral of the assessments but that they be based upon a con- nection charge and be charged at the rate then in existence at the time of develop- ment of that area west of the proposed Oak Wood Addition. WILDERNESS RUN PARK Mr. Jack Osten and another representative of Wilderness Run Park Associa- tion appeared and requested that the proposed storm sewer assessments on the two lot Wilderness Run peninsula in Thomas Lake be eliminated because of lack of benefit. He stated that the land is owned by a nonprofit association and a large number of neighboring property owners are the owners. The Park Committee recommended against acceptance of dedication of the peninsula to the City for park purposes due to maintenance problems.. Blomquist moved to direct the staff to review the possibility of respreading the assessments for the two lots over the entire Blackhawk Lake storm sewer project area consisting of Project 11257. Rahn seconded the motion. All voted in favor. It was noted that the assessment hearing would be held on Project 11257 on May 6, 1980. GOPHER SMELTING COMPANY -- YANKEE DOODLE ROAD IMPROVEMENTS The Committee discussed the potential assessments against property owned by Gopher Smelting Company consisting of Gopher Eagan Industrial PUD property at the intersection of Highway 1149 and Yankee Doodle Road. It was noted under Project 11184 that Dakota County had ordered the realignment of County Road 1128 -- Yankee Doodle Road-- at the intersection of 1149 and the project has now been completed. The Dakota County Highway Department has submitted a request for final payment from the City with the total cost of the project at $67,835.71 and the 45% share by the City in the amount of $29,676.07. The question arose as to whether the Gopher Smelting property on either side of the realigned intersection would be benefitted by the improvement of the intersection and there was considerable discussion by the Committee. The members reviewed the reconstruction of the Gopher Smelting Plant on the north side and the realignment of the access to Yankee Doodle Road. It was noted that Gopher Smelting Company has a new access westerly of the intersection and there have been plans for platting the Gopher Smelting lead plant area. After considerable discussion, Rahn moved, Egan seconded the motion, to recommend to the City Council that the property on either side of the realigned intersection of Yankee Doodle Road at the intersection of County Road 1128 and Highway 1149, be assessed on the basis of benefit for the road improvements for reasons including the following: Assessment Committee Minutes _). April 17, 1980 Page Four 1. That there is a considerable improvement in the safety aspects of the intersection. 2. That the Gopher Smelting Company has a new access lying westerly which is an improvement for egress and ingress of vehicles including larger trucks from_the Gopher Smelting site. 3.. The Eagan Assessment policy provides for assessment of benefitted property. 4. That there is an improved stacking distance from the west for vehicles at the intersection. 5. That Dakota County has requested the change to improve the site distance and improve the intersection. 6. There appears to be substantial improvement to the property including increase in valuation due to these improvements. All voted in favor. TWIN VIEW MANOR There was a question from Mr. Colbert as to whether the lots in Twin View Manor should be assessed for utility improvements and street improvements on a front footage basis or on a per lot.basis. After considerable discussion, it was noted that generally projects of that nature are assessed on a front footage basis. Upon motion by Knight, seconded Egan, it was recommended by the Council that the front footage basis be used for assessments, for utilities and street improvements in Twin View Manor. All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. PHH