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07/30/1984 - City Council RegularMINUTES OF A REGULAR M13TIBG OF THE SPECIAL ASSESSMENT COMMITTEE EAGAN, KMIESOTA JULY 30, 1984 A regular meeting of the Eagan Special Assessment Committee was held on Monday, July 30, 1984 at 4:30 p.m. at the Eagan Municipal Center. Present were Chairman Don Knight, Councilmembers Egan and Mayor Blomquist, Planning Commission Member Mulrooney, and member Dale Vogt. Bill Rydrych was absent. Also present were Public Works Director Colbert and City Attorney Hauge. AGENDA Vogt moved, Egan seconded the motion to approve the Agenda as presented. All voted yes. HOKUM 1ST ADDITION A letter dated February 24, 1984 from William MacPherson of Norwest Properties, Inc. objecting to the assessments levied against the Norwest 1st Addition at the northeast corner of Pilot Knob Road and Lexington Avenue was reviewed. It covered the original assessment liability and the amount of credit to be applied for additional costs incurred by the bank in providing water service to its facility. Basically, the objection related to the amount of credit the City allowed for the additional footage of water main that had to be installed as a result of MnDOT's I -35E construction and also the amount of credit applied for the installation of an additional 20 -inch butterfly valve on the trunk water main which was used to maintain continuous water supply to the bank during the construction of the interchange. Mr. Colbert detailed the objections and the staff's position and stated that if the trunk water main were not in place, that the bank would have had to install whatever length of lateral water main that was necessary from the intersection of Yankee Doodle Road and Pilot Knob Road to service its facility. Therefore, he recommended no further credit as was outlined in Rich Hefti's letter of February 24, 1984. In addition, the credit for the installation of the 20 -inch butterfly valve was discussed and it was recommended that $1,804.00 credit be granted, which was based upon actual material prices charged by the bank's contractor and an estimate of the labor time used for its installation. Mr. MacPherson and others from the bank were present and stated that originally the bank intended to acquire water service at the north end of its property from Pilot Knob Road. He stated that he understood the City would pay one-half of any excess assessments. Mr. Colbert stated that the intention of the staff was to recommend approval of 50% credit related to the gate valve only. 'There was no showing that the City has benefitted, according to Councilman Egan. Egan then moved that the Committee accept the recommendation of the staff and refer it to the City Council. Mulrooney seconded the motion. It was noted that there may be a question as to whether $10,726.40 is the correct amount to be assessed for lateral benefit from trunk watermain and it will be reviewed by the staff. All voted in favor except Blomquist who abstained. 1 Assessment Committee Minutes July 30, 1984 O'NEILL ADDITION - EAST BLUE GENTIAN ROAD - PROJECT #349 Letters were received from several owners in the O'Neill Addition, including Mary O'Neill, Frances O'Neill and Kenneth Schmidt objecting to the assessments proposed to be levied against their properties for the improve- ments to East Blue Gentian Road being performed by MnDOT in conjunction with the Cooperative Cost Agreement with the City of Eagan. Mr. Colbert detailed the assessment proposal and noted that the City will participate in the cost upgrading of the street and submitted proposals to assess benefit based on residential rates. Frances O'Neill and other neighbors were present and explained that the area north of the private O'Neill Drive which currently is maintained by the property owners on a private basis, is owned by MnDOT. It would be necessary to extend their driveways northerly to the new alignment of East Blue Gentian Road, but MnDOT representatives indicated there would be no assessments for the street improvements. It was understood that MnDOT will then turn back the land south of the right-of-way to the City for maintenance purposes. The City would be required to maintain a 13 foot minimum along the right-of-way for snow storage but Mr. Colbert recommended that the City convey the excess land to the adjacent property owners. Councilman Egan questioned whether City Assessment Policy 85-5 applies strictly in this case, noting that benefit may not be appropriate based upon the following mitigating circumstances: 1. That the property is not adjacent to East Blue Gentian Road. 2. That there will be grading and maintenance expense involved by the properties accessing to East Blue Gentian Road. 3. That there will be an effect on the tax base of the individual parcels, due to the realignment. The O'Neills indicated that they had received no payment from MnDOT and it was noted that the private drive is a dedicated street. Egan then moved, Blomquist seconded the motion based upon the mitigating circumstances mentioned above, that the Committee recommend that there is benefit to the property, but that the City Council determine a reduction from the normal residential' equivalent rate at a percentage to be determined by the City Council. All voted in favor. Mulrooney moved, Egan seconded the motion to recommend that the Council attempt to acquire reimbursement from MnDOT for an equitable reduction of the amount of the assessment. All voted yea. 2 Assessment Committee Minutes July 30, 1984 HOWARD STACUR - PROJ= #349 - RES INVESTMW 8 1194 INVESTMENT A letter was received from Howard Stacker, a partner in RES Investment and 494 Partnership, concerning Project 8349 relating to the assessments along West Blue Gentian Road. Mr. Colbert stated that since 1980 there has been a great deal of negotiation and a number of agreements were reached involving Johnson Brothers Construction Co., MnDOT, RES Investment, 494 Partnership, and the City of Eagan relating to the dedication of a pond to the City, the dedication of right-of-way for the realignment of West Blue Gentian Road, the installation of fill material on the road right-of-way and various other aspects of the I-494 construction in the general area. The owners objected to assessment of 100% of the cost associated with the street and storm sewer improvements and in light of the miscellaneous agreements and understandings reached, the easements acquired and construction of the right-of-way, the staff recommended approval of the owner's request that the assessment be associated only with the cost incurred by the City to construct West Blue Gentian Road to the present commercial design standards over and above what was proposed to be constructed by MnDOT as part of the interstate program. It was noted this is a deviation from Special Assessment Policy 82-5, based upon the consideration of the cost that would have been necessary for the acquisition of easements and rights-of-way through nego- tiated agreement which was initiated prior to the adoption of the Special Assessment Policy 82-5. Howard Stacker was present and explained the extensive negotiating that has taken place since 1980 noting that the understanding regarding assessments predated the Eagan Policy 82-5 and basically, the only improvements the City is responsible for would be the surfacing of the street right-of-way. Blomquist moved, Vogt seconded the motion to recommend approval of the staff's recommendation and direct that it be forwarded to the City Council. All voted yes. ROBERT J. O'NE11L - PROJECT #372 - I-359 STREETS AND OTUXfJXS A letter was received from Robert O'Neill who owns the parcel at the northwest corner of Lexington Avenue and Yankee Doodle Road regarding the pending assessments associated with Project #372. The proposal was to assess the property for lateral benefit and trunk sanitary sewer and trunk sanitary storm sewer improvements. The Master Comprehensive Storm Sewer Plan for the City proposed to locate a major storm sewer detention pond (DP=4) over the northern portion of the O'Neill property and the staff had recommended deduc- ting 6.31 acres prior to applying a 20% credit for future dedicated right -of - 3 Assessment Committee Minutes July 30, 1984 way and easements. The reason is that a controlled water storm outlet will be provided with the utility improvements by MnDOT through a Cost Participation Agreement and Eagan Assessment Policy 82-3 would be utilized to incorporate a drainage basin as a part of the Master Storm Sewer Plan. ,Staff recommends that the assessment, as proposed, be affirmed for trunk storm sewer purposes as well as sanitary sewer assessments. There was no appearance by Mr. O'Neill and Mr. Colbert stated that the owner requested that he not be given any credit and wanted the City eventually to condemn for the storm sewer pond. Blomquist moved, Mulrooney seconded the motion to implement the recommendation of the staff regarding the storm sewer and sanitary sewer assessments and recommended the City Council follow current City policy regarding storm sewer assessments and credits. All voted yes. FRANCES C. FRANZ - PROJECT #372 - STREETS & UTnXfY ASSESSMENTS A letter had been received from Frances Franz, an owner on the south side of Deerwood Drive and also a letter from Mrs. Anna Heuer, an owner lying directly east of the Franz property on the south side of Deerwood Drive, objecting to certain assessments for utility and street improvements on the Franz property and street and sidewalk improvements on the Heuer property. Mr. Colbert stated that Mr. Franz had called and asked for a continuance because his representative, John Klein, was not able to be present at the meeting. Marty Heuer appeared on behalf of Mrs. Anna Heuer and indicated that he had no objection to a continuance of their request for reduction in assess- ments also. After discussion, Egan moved, Blomquist seconded the motion to continue the consideration of the two requests until a later Assessment Com- mittee meeting. All voted yea. The next meeting was scheduled for October 9, 1984 at 4:00 p.m, at the Eagan Municipal Center. Upon motion duly made and seconded, the meeting adjourned at 6:35 p.m. PHH 4 AGENDA SPECIAL ASSESSMENT COMMITTEE MEETING EAGAN MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MN 55122 MONDAY JULY 30, 1984 4:30 P.M. I• 4:30 - Roll Call & Pledge of Allegiance II. 4:35 - Adopt Agenda III. 4:40 - New Business A. NORWEST 1ST ADDITION CREDIT FOR PRIVATE INSTALLATION 1• William MacP erson (Lot 1 Block 1) B. PROJECT 349, E & W BLUE GENTIAN RD. ASSESSMENT OBJECTION 1. Mary O'Neill (Lot 2; O'Neill's Addition) 2. Frances O'Neill/Michael Terry (Lot 1, O'Neill's Addition) 3• Kenneth Schmidt (Part of Lot 8, Robt. O'Neill Homestead) 4• Howard Stacker (10-00200-010-27,& 01) (10-53320-087-00) (10-53320-885-00) (10-53320-022-00) C. PROJECT 372, I-35 UTILITIES & STREETS - I. 1. Robert JASSESSMENT OBJECTION . O'Neill 10 (-01000-010-56) 2. Francis C. Franz (10-02100-010-50) 3• Anna S. Heuer (10-02100-010-78) IV. Other Business V. Adjourn 0 MINUTES OF A REGULAR MEETING OF THE SPECIAL ASSESSMENT COMMITTEE EAGAN, MINNESOTA JULY 30, 1984 A regular meeting of the Eagan Special Assessment Committee was held on Monday, July 30, 1984 at 4:30 p.m. at the Eagan Municipal Center. Present were Chairman Don Knight, Councilmember Egan and Mayor Blomquist, Planning Commission Member Mulrooney ale Vogt aw4-Bill RydrychP-A-e� t l w Also present were Public Works Director Colbert and City Attorney Hauge. AGENDA Vogt moved, Egan seconded the motion to approve the Agenda as presented. All voted yes. .� NORWEST 1ST ADDITION A"Y— ✓I 14ec/ A letter ' _d from William MacPherson of Norwest Properties, Inc. objecting to the assessments levied against the Norwest 1st Addition at the northeast corner of Pilot Knob Road and Lexington Avenue —e A letterFed �egfl toA� from M cti a+� was reviewed cover (the original assessment liability and the amount of credit to be applied for additional costs incurred by the bank in providing water service to its facility. Basically, the objection related to the amount of credit the City allowed for the additional footage of water main that had to be installed as a result of MnDOT's I -35E construction and also the amount of credit applied for the installation of an additional 20 -inch butterfly valve on the trunk water main which was used to maintain continuous water supply to the bank during the construction of the interchange. Mr. Colbert detailed the objections and the staff's position and stated that if the trunk water main were not in place, that the bank would have had to install whatever length of lateral water main 1 5.2 All references in this will to my husband's surviving me mean that if my husband and I both die under such circumstances that it cannot be established by sufficient idence that we died otherwise than simultaneously, my husband sh 1 be� emed to have survived me, but all references to any other perso survivi g me mean that if such person and I both die under such circu stances hat it cannot be established by sufficient evidence that w died oth rwise than simultaneously, such person shall be deemed not have su ived me. 5.3 I have intention lly limi ed gifts under this will to my descendants as defined in th s will. i I have signed this will cons sting o four (4) pages,, this page included, \, . C{LYTIL E. ALLSHOUSE We certify that in our presence o�jlthe date appearing above in the State of Minnesota, CLYTIA E. ALLSHOUSE sftned the foregoing instrument and acknowledged it to be her Will, that a h r request and in -her presence and in the presence of each other, we haversi ned our names below as witnesses, and that we believe her to be of sound min and Memory. residi at /:, it residing at 4 0 that was necessary from the intersection .of, YankeeeDoodle,-Road and Pilot Knob Road to service its facility. Therefore,"ommended no further credit a2(V as was outlined in Rich Hefti's letter of February 24, 1984.addition, the credit -for the -installation �of•..the, 20 -inch, butterfly valve was discussed and j it was: recommended, that $1!;804.00. credit be granted,. which was, based: upon., tual Material, -prices- charged -by, the bank's contractor,,and an .estimate/, ti- ytime a) d. u4or-its,stallation.-,. Mr. MacPherson -and, others, from e bank were present and stated that originally. thebankintended: toacquire water-♦service -at,the, north ;end :of its property from. Pilot Knob: Road. .:He. stated that -he -understood the..City, would pay one-half of. any, excess; assessments..'.Mr. Colbert.stated that the.. intention of the staff..was to3 recommend approval of 50% credit -related, to,the.gate valve only. „There was,no, showing that -the. City has benefitted, according„to.Councilman Egan. Egan them moved that the Committee :accept -the-recommendation of the staff and refer it to the 'City Xounci o Mulrooney .seconded .the. motion. It. was noted that there may be a question.as,:to whether, $10,726.40 is the correct amount to be assessed for lateral benefit from trunk watermain and it will be reviewed by -the, staff. ,All voted in favor., except Blomquist who abstained. O'NEILLIADDITION - EAST.BLUE GENTIAN,ROAD - PROJECT #349. t:., Letters we. received. from several owners• in, the,W Nei -l1 Addition, including Mary O'Neill, Frances O'Neill !and,Kenneth Schmidt objecting,�to the. assessments ?proposed to be levied .against -,their...properties for the improvements to )East Blue Gentian-Road•,being-performed by MnDOT-in:con;junction: with the Cooperative Cost Agreement with•the,City of'Eagan., -Mr. --Colbert' detailed the assessment proposal and noted that •t ity will participate in the cost upgrading of the street -and• f proposa-Is:to assess benefit. based on residential rates. , Frances' O'Neill and, other neighbors were, present and ;explained that ,the 4.3..Mytpersonal;.representativ.e, in addition to.all.other.powers conferred upon her by law that are not inconsistent with those contained herein, shall- have the. power, exercisable without authorization of any court: 4.3.1 To sell at p(aldio e and to. mortgage or pledge tt all of the real or persor 4.3.2 :To make part to time and to distribi to the kind or partly in, each, ind.,for I of property distributed n.kin� r public sale, to retain, to lease, purpose of borrowing money,: any or rty of•my estate. ,ibutions from my estate from time residue of my estate in cash or in this purpose to determine the value AR�'ICLE� FIVE GENERAL GO RN NG.PROVISIONS ' 5.. , The, following .provisions -s -11 apply)Lto the, interpretation of my will and .the 'administration -of my es a e: - 5.1 My husband's name is MEARL a/k/a-MERLE C. ALLSHOUSE and.a-11 references in%this will to my band,are to her only; "descendants" means -all persons. -who are l ne 1 descendants of the person..whose descendants are referred, o ( ncluding legally, adopted lineal -descendants) except, illegit•mate • escendants.and their descendants; "child" means a descendant of the.fi t generation;. "per stirpes" means in,equal shares among living children. f.the person whose descendants are referred to and the•descen ants (take .collectively) of each deceased child of such person, ith such d cendants taking by right,,.of representation of such deceased child. N , CLYTIA•E. ALLSHOUSE 3 area north of the private O'Neill Drive which currently is maintained by the property owners on a private basis, is owned by MnDOT. It would be necessary to extend their driveways northerly to the new alignment of East Blue Gentian Road, but 4a4 + 49ft MnDOT representatives indicated there would be no assessments for the street improvements. It was understood that MnDOT will then turn back the land south of the right-of-way to the City for maintenance purposes. The City would be required to maintain a 13 foot minimum along the right-of-way for snow storage but Mr. Colbert recommended that the City convey the excess land to the adjacent property owners. Councilman Egan questioned 1. whether the City 01 5 applies strictly in this case, noting that benefit may not be appropriate based upon the following mitigating circumstances: 1. That the property is not adjacent to East Blue Gentian Road. 2. That there will be grading and maintenance expense involved by the properties accessing to East Blue Gentian Road. 3. That there will be an effect on the tax base of the individual parcels, due to the realignment. The O'Neills indicated that they had received no payment from MnDOT and it was noted that the private drive is a dedicated street. Egan then moved, Blomquist seconded the motion based upon the mitigating circumstances mentioned above, that the Committee recommend that there is benefit to the property, but that the City Council determine eduction from the normal residential equivalent rate at a percentage to be determined by the City Council. All voted in favor. Mulrooney moved, Egan seconded the motion to recommend that the Council attempt to acquire reimbursement from MnDOT for an equitable reduction of the amount of the assessment. All voted yea. HOWARD STACKER - PROJECT 11349 - RES INVESTMENT & 494 INVESTMENT i1 2.2 I give all interests (real or personal) in real property used by me or my husband for residential purposes and in all real estate contiguous to or used in connection with such property to my husband if he survives me. ARTICLE THREEI 3• I give the residue of my state, co sisting of all property which I can dispose of by will and not ffectivel disposed of by the preceding articles of this will, except a y proper y over which I may then have a testamentary power of appointment, s follow 3.1 To my husband, if he urvive me; or 3.2 If my husband does of su vive me, to my descendants who • L survive me, per stirpes; or 3.3 If not disposed of by he eceding paragraphs, one-half to my heirs-at-law and one-half to my h sb nd's heirs-at-law. The heirs-at-law of each of us shall be determine nder, and take the shares prescribed by, Minnesota Statutes, Section 52 16, in force at the execution of this will, applied as if each of us had ied intestate and without spouse or descendants surviving, on the date o my death. It ARTA PERSONAL RI 4. I nominate my husband as my 4.1 If my husband fails or successor, I nominate JAMES B. 4.2 No bond shall be rei nominated by my husband or me. rI VE arsonarepresentative. uses to so act and does not designate a :SHOUSE a\s my personal representative. ired of i 2 E. personal representative A letter was received from Howard =Staoker ' ,- apartner in RES investment and 494 Partnership, concerning Project #349 relating to the assessments along West Blue Gentian Road. Mr. Colbert stated that since 1980 there has been a great "deal'of 'negotiation and a number of agreements were reached involving Johnson Brothers Consi'ruction Co., MnnGT, RES Investment, '494 Partnership,and the City'of Eagan relating to the dedication of a pond to the City, the dedication of-rig'h't=of=way for the realignment of West Blue Gentian Road, the installation of fill material "on 'theI road'right-of-way and various other aspects of the I-494 constructioninthe general area. IThe owners objected to ty propo asses i00$ '""ofUU the cost associated with the street and storm sewer improvements and in'iigtitIof"the misoeilaneous'agreem�en�and understandingsJreaehed,'the easements acquired" and construction oP the righi - of -way, ''the staff recommend approval of- the owner's request that the assessment be associated ith onlyVthe 'cost incurred by the City to construct West tlue'Gentiian Road to _th)e'presentcommere ial design standards over and above what was proposedoto'be constructed'byAM DOt as part' of the interstate program.' s a deviation from y�ie Special 'Assessment Policy 82-5, _�-�hr / s based onsiderati'on'`'of-tte"cost;; that woul,d have been necessary for the acquisition of easements and. rights-of-way through negotiated agreement which was initiated prior'to the adoption of the Special Assessment Policy 82- 5. Howard Stacker was present and explained the extensive negotiating that has taken place since 1980 noting that the`'unde'rstanding regarding assessments predated the Eagan Policy 82-5 and b sically, the only improvements ity would' b the `surfaci'.,- 'of' the street right-of-way. A Blomquist moved, Vogt seconded the motion to recommend approval of the staff's recommendation and direct that it be forwarded to the City Council. All voted yes. q LAST WILL AND ESTA ENT - F CLYTIA ALLSHOUS I, CLYTIA E. ALLSHOUSE, of D kota County, Minnesota, revoke any prior i wills and codicil's, and make this y will. " A TICLE ONE PAYMENT OF XPENSES AND TA ES 1. My personal-representativ shall pay rom' the residue of my estate the expenses of my last Ellness 'fid fuse 1,1 valid debts, expenses of administering my estate, including"no -proba assets, and any estate or other death taxes except any generation-s' P,p g transfer tax which become due i because of my death, including any inte t and penalties: There shall be no apportionment of any such taxes, and I ive on behalf of'my estate 'any right to recover any part'of"them from'any ec pient, including any recipient of property passing'lapart from this will 1., AR CLE TWO 'SPE IFIC GIFT 2. I give'the following: 2.1 1 give all of my to Bible person 1 property to my 'husband 'if 'lie survives me, or if he does not surviveL me, in equal shares to my children who survive me. CLYTIA E. ALLSHOUSE 1 ROBERT J. O'NEILL - PROJECT 11372 - I -35E STREETS AND UTILITIES A letter was received from Robert O'Neill who owns the parcel at the northwest corner of Lexington Avenue and Yankee Doodle Road regarding the pending assessments associated with Project 11372. The proposal was to assess the property for lateral benefit and trunk sanitary sewer and trunk sanitary storm sewer improvements. The Master Comprehensive Storm Sewer Plan for the City proposed to locate a major storm sewer detention pond (DP -4) over the northern portion of the O'Neill property and the staff had recommended deducting 6.31 acres prior to applying a 20% credit for future dedicated right-of-way and easements. The reason is that a controlled water storm outlet will be provided with the utility improvements by MnDOT through a Cost Participation Agreement and Eagan Assessment Policy 82-3 would be utilized to incorporate a drainage basin as a part of the Master Storm Sewer Plan. Staff recommends that the assessment, as proposed, be affirmed for trunk storm sewer purposes as well as sanitary sewer assessments. There was no appearance by Mr. O'Neill and Mr. Colbert Atated that the owner requested that he not be � given any credit,ti VV he City eventuall) Pondel for the storm sewer pond. Blomquist moved,(((/Mulrooney seconded the motion to implement the recommendation of the staff regarding the storm sewer and sanitary sewer assessments and recommended the City C it follow current City policy regarding storm sewer assessmentsr All voted yes. FRANCES C. FRANZ - PROJECT 11372 - STREETS & UTILITY ASSESSMENTS A letter ha8 been received from Frances Franz, an owner on the south side of Deerwood Drive and also a letter from Mrs. Anna Heuer, an owner to—the-vast-side lying directly east of the Franz property on the south side of Deerwood Drive, objecting to certain assessments for utility and street improvements on the Franz property and street and sidewalk 5 ACKNOWLEDGMENT - T ^ LAST WILL A4D/TESTA\ME STATE OF MINNESOTA) )ss COUNTY OF ). . We, , , and MEARL a/k/a MERLE C. ALLSHOUSE the testator and. the .wit esses,, respect vely, whose names are„signed to the attached or foregoing ins rument, bein first duly sworn, do hereby declare to the undersigned authori y that, the to tator signed and executed the instrument as his Last Will an that he ha signed it as his free and voluntary act,for the purposes..herein.expr ssed; and that each,of the witnesses, in the presence,and he ring of the testator, signed the Will as witnesses,and that to the best of hi .or her.:kn wledge the test=ator was at the time 18 or more years of age, of so nd mind a under no constraint or undue influence. Witness Wit/ad , Subscribed and .-sworn to ack owledged before me by MEARL a/k/a MERLE C. ALLSHOUSE, the ator, nd subscribed and sworn to before me by _ a ,, witnesses, this day of 8_ Notary Public \ improvements on the Heuer property. Mr. Colbert stated that Mr. Franz had called and asked for a continuance because his representative, John Klein, was not able to be present at the meeting. Marty Heuer appeared on behalf of Mrs. Anna Heuer and indicated that he had no objection to a continuance of their request for reduction in assessments also. After discussion, Egan moved, Blomquist seconded the motion to continue the consideration of the two requests until a later Assessment Committee meeting. All voted yea. NEXT MEETING The next meeting was scheduled for October 9, 1984 at 4:00 p.m. at the Eagan Municipal Center. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 6:35 p.m. PHH 2 5.2 All references in this will to my wife's surviving me mean that if my wife and I both die under such circumstances that it cannot be established by sufficient evidence that we died otherwise than simultaneously, my wife shallrsurvived to have survived me, but all references to any other person e \ can that if such person and I both die under such circumsit cannot be established by sufficient evidence that we dse than simultaneously, such person shall be deemed not to hd m . 5.3 1 have intentionallgi is under this will to my descendants as defined in this I have signed this will consistAng of four Q4) pages, this page included, on . 19 1 . We certify that in our presence on I of Minnesota, MEARL'a/k/a MERLE C. ALLSHO and acknowledged it to be'his will, that and in the presence of each other', 'we witnesses, and that'we believe him to be o residing- at! residing at 4 ate appearing above in the State signed the foregoing instrument 'his request and in his presence ive signed our names below as ,pn& mind and memory. AGENDA SPECIAL ASSESSMENT COMMITTEE MEETING EAGAN MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MN 55122 MONDAY JULY 30, 1984 4:30 P.M. I. 4:30 - Roll Call & Pledge of Allegiance II. 4:35 - Adopt Agenda III. 4:40 - New Business A. NORWEST 1ST ADDITION CREDIT FOR PRIVATE INSTALLATION 1. William MacPherson (Lot i, Block 1) B. PROJECT 349, E & W BLUE GENTIAN RD. ASSESSMENT OBJECTION 1. Mary O'Neill (Lots 3 &4, O'Neill's Addition) 2. Frances O'Neill/Michael Terry (Lot 1, O'Neill's Addition) 3. Kenneth Schmidt (Part of Lot 8, Robt. O'Neill Homestead) 4. Howard Stacker (10-00200-010-27,& 01) (10-53320-087-00) (10-53320-885-00) (10-53320-022-00) C. PROJECT 372, I-35 UTILITIES & STREETS- ASSESSMENT OBJECT 1. Robert J. O'Neill (10-01000-010-56) 2. Francis C. Franz (10-02100-010-50) 3. Anna S. Heuer (10-02100-010-78) IV. Other Business V. Adjourn O A. NORWEST IST ADDITION - CREDIT FOR PRIVATE INSTALLATION 1. William MacPherson (Lot 1, Block 1) INFORMATION Enclosed on page -3 and 4 is a letter received from Mr. William MacPherson of Norwest Properties Incorporated presenting their position pertaining to their objections to the assessments levied to the Norwest 1st Addition. Their objection is based on a letter from the City of Eagan dated February 24, 1984, enclosed on pages ,S and G wherein the City delineated what was their original assessment liability and the amount of credit to be applied for the additional costs incurred by a ban i provi`cT.ng water service to their facility. Enclosed on page ' is a map of the Norwest lst Addition referencing the location of the original proposed connection point in relationship to the final connection and the related valves. As can be seen from their letter, the basis of their objection relates to the amount of credit that -Twe— c;tir all]52n-d fer�the additional footage _of water main they had to install_as_ a_r_esult of MRDot'S I -35E interchange construction with Yankee Doodle Road. T e f oer por ion o Their objection pertains to the C. calculation of the credit to ba app ie or e .installation of an additional 20 -inch butterfly valve on the trunk water main which wa use to maintain continuous water supply to the an during the construction of the previously -referenced interchange which required a portion of the trunk water main on Yankee Doodle Road to be taken out of service for approximately six weeks. STAFF RECOMMENDATION Because their objection relates to two separate issues, the staff will address each one as follows: 1. Lateral benefit from trunk water main: While the bank is requesting a credit greater than the $19.40/FF allowed ty staff, this rate is consistent with what we would charge them for the benefit received from the trunk water main that they are connecting to. This is based on the theory thathe trunk water main were not in place, a wouldhad to install whatever length of `laiteral water main was necessary of Yan ee Doodle Roa anlot Knobo service their facility. Therefore, if t eir claim for a higher rate per front foot for water main they installed is justified, this would become a viable argument for the City increasing the lateral benefit from the trunk water main for that portion of frontage (346 L.F.) that the bank did not have to install due to the City's previous installation which had not yet been assessed. Therefore, staff feels that the credit provided for the footage installed by SAC 7/30/84 A. NORWEST 1ST ADDITION (continued the bank is fair and that the City would not provide a credit greater than the amount of the assessment proposed to be levied. To do so would constitute the City's financing of private utility service installation which has not been done in the past. 2. Credit for the installation of a 20 -inch butterfly valve: While the installation of this valve is not necessary for the viability of the City's trunk water distribution system, it was a direct benefit to the bank to minimize the amount of additional laterals that would have had to be installed to make a connection on the Pilot Knob Road side of the existing valve. However, due to the confusion surrounding the scheduling of the interstate construction through MnDot and the processing of the development of the Norwest 1st Addition combined with a limited value to the City of having an additional valve in its system, the City agreed to apply a credit of 50% of the cost of this valve. The $1,804 credit was derived from actual material prices charged by the bank's contractor and an estimate of the labor time used for its installation. Due to the fact that the actual cost of installation exceeded the guaranteed price provided by the contractor, the City applied the same principle of computing the actual costs incurred by the bank in determining the value of credit to be applied. The staff feels that any additional credit provided to the bank would no longer result in a 50/50 cost split for this valve which was previously agreed to. COMMITTEE RECOMMENDATIONS/COMMENTS U ©LY&OR Qofflan KORWESTPROPERTIES iffd91®®® MOVMH May 1, 1984 Mr. Thomas A. Colbert Director of Public Works City of Fagan 3830 Pilot Knob Road . Eagan, Minnesota 55121 RE: Norwest First Addition - Assessments Dear Tom: Norwest Properties, Inc. 4375 Multifoods Tower 33 South Sixth Street Minneapolis, Minnesota 55402 The original assessments for Norwest First Addition were calculated from plans issued to the city per the development agreement. After receiving all the necessary city approvals we proceeded with the project. While our general contractor was applying for the necessary permits, we learned through the county that no cutting of Pilot Knob Road would be permitted due to the fact that it had just been upgraded and no permits would be issued (to cut) for five years. (Our water service was coming from Pilot Knob Road.). The county wondered why the city had approved our plans. However, with the help of the assistant city engineer we set out to relocate the water service to Yankee Doodle Road. Again it became apparent that our plans would not be approved. Minnesota Department of Transportation, District #9, rejected them because of plans to relocate a portion of that water main. Norwest was willing to move its tap along this water main to an area that was not scheduled for relocation. This however did not solve yet another problem because these were no valves in the line to prevent Norwest from being shut-off from water when the state started its work. Norwest requested that a valve be installed so this service would not be interrupted. Neither the city, county, or state were willing to assist the bank. At a meeting held at the city hall in Eagan on August 15, 1983 the assistant city engineer indicated that the best that the city could do for this development was to have the bank move its water service and install a valve along Yankee Doodle Road, and to have the addi- tional expense (incurred by the bank) for this work to be credited against its assessments. This arrangement being accepted by the bank, we proceeded. J Pace 7tao Mr. Colbert May 1, 1984 Upon completion of the work our sub -contractor provided us with an itemized breakdown of his work, which we in turn supplied to the assistant city engineer. From his return letter, and a meeting, we were informed that: #1. The lateral benefit from trunk water main assessment had changed. And we could only receive credit for the total assessment value. #2. The city's understanding of the "additional cost" agree- ment was that the additional costs would be split 50/50 and that the city's portion would be credited to the bank's assessments. After meeting with Mr. Hefti for clarification this was presented to the owner and after further examination, we think that (even if the agreement had been a 50/50 split) we have not received our fair portion of a credit. Furthermore, it appears that the credits already applied by the city have been reassessed against the un- developed portion of this property which the bank also has an interest in. In regards to all these discrepancies, we request the right to be heard by the assessment committee. Please call if you have any questions or comments. Sincerely, ry William A. MacPherson WAM/csb cc: Wally Klus Gene Fett Larry Kraning Doug Watschke Bea Blomqu st Rich Hefti attachments: Meeting notes at kV DOT, Dist. #9, July 27, 1983 Letter August 22, 1983, Assistant City Engineer, Costs Agreement Letter January 19, 1984, Assistant City Engineer, Cost Breakdown Letter February 24,1984, from Assistant City Engineer, Assessment Credits Received Letter March 9, 1984, Assistant City Engineer ®F 3830 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMQUIST EAGAN, MINNESOTA 55121 Maym PHONE: (612)'454-8100 THOMAS EGAN JAMES A. SMITH From Trunk Watermain 656LF JERRY THOMAS $10,726.40 THEODORE WACHTER February 24, 1984 C.m,l Me,o rs THOMAS HEDGES Received CR, Aan MIIOIV 2,000.00 EUGENE VAN OVERBEKE b. Credit For Add'l 31OLF Gry C..rw MR WILLIAM A MACPHERSON $ 6,014.00 NORWEST PROPERTIES INC 4375 MULTI -FOODS TOWER 33 S 6TH ST 65.25/LF MPLS MN. 55402 5,872.50 Re: Norwest lst Addition I have reviewed the itemized breakdown you forwarded to, my attention regarding the additional cost incurred by your firm to provide water service to the subject addition and have arrived at the subsequent determinations for credit to be applied to trunk area related water assessments to the subject development. The following table reflects the resulting credits on the assessments to the subject development. ITEM QTY. RATE INCREASE DECREASE 1. Lateral Benefit From Trunk Watermain 656LF $ 19.40/FF $10,726.40 a. Credit Previously Received 2,000.00 b. Credit For Add'l 31OLF 19.40/FF $ 6,014.00 Watermain c. Credit For Jacking 90LF 65.25/LF 5,872.50 TOTAL CREDIT 11,886.50 BALANCE DUE 839.90 2. Trunk Area Water 6.1AC 2,360/AC 14,396.00 a. Credit For P a -- TOTAL CRED 1,804 1,804 BALANCE DUE �9_" ocyv�� 12,592.00 Gd-.f�" 3. Trunk Area Storm 266,126S.F. $0.0647/S.F. 17,218.35 TOTAL ASSESSMENTS DUE $30,650.25 As you can see, the lateral benefit from trunk watermain assessment decreased from $10,726.40 to $839.90. The, credit for additional watermain was arrived at by scaling the street line distance between the original proposed connection and the westerly connection THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MR WILLIAM A MACPHERSON FEBRUARY 24, 1984 PAGE 2 that was actua 'nstalled. You will notice the credit for jacking rate is 87 the actual cost submitted by your contractor. This results fr m t e fact your firm only paid 878 of the actual cost to the co actor in accordance with your ceiling figure actually paid to the contractor. I also utilized this figure in determining the credit for the 20" butterfly valve. The $1,804 credit is approximately one half of the cost I determined for the butterfly valve since it was agreed to share these costs between this development and the City. Of course, the trunk area storm sewer rates were not affected by this construction and, therefore, remain the same. A copy of this letter has been forwarded to our Special Assessments Clerk who will work with the County to apply the above -referenced credit to your assessments which have already been processed as a part of the waiver your Firm signed as a condition of the Development Agreement. If you have any questions regarding the above -determined credits, please feel free to contact me and I will be available to discuss them in more detail at your convenience. Sincerely, 9L�4r///4) Richard M. Heftl, P.E. Assistant City Engineer RMH/kf/jj cc: Gene VanOverbeke Anne Goers Paul Hauge 2 ' h i I' J, r.I� i II�y'1'Tr�4.� 'i w• mf,µ' �� - ��— 1 1 .'.•,� '., .. y ��`.,-Ir+.y� 1 rlZ �S 1, 7t►yTI /i r d • '\y . i, S r4 'V, iv �. f {T„c <� �Iq�Mi � a 4_, �rJy'. `4-j, � � \ a r�i t� �. r a Nm -F �1 t •� r a• + n l vyt 'S�,'�,. J�+vat �� ai ��'�.,r� �, 11�'aa •y�F'}I {. .i � � s'/�l1"+.��lli .V! � .�4. i!� rj �l �tRv ,.4a1Y';F�. �e.�� ..m7 • � , .W ` •, 4 �J) 1 Q � i♦F3[� J l }v' 1 r, �� d gf �* '• �tyy 77 lu •,, }e��, -,' *t ) r r .'Y! �j,., �pcF� 1� 1, 1 ® i•..-. Jla. 1 I•. r r' 1'n,S + r1 � } .. t Itt� 60.F0 t 0sit d .. LLJ 03 22 i . r I Q I x y' Di wo. m,. �' m I T �N.. y 0 o Z' z i u F fnFig 1 Y y F m COU d CIT oa Ss ^ fdor W� CD LU .% u B. PROJECT 349, EAST BLUE GENTIAN ROAD --ASSESSMENT OBJECTIONS 1. Mary O'Neill (Lots 3 & 4, O'Neill's Addition) 's Addition BACKGROUND INFORMATION The three individuals referenced above are property owners of several lots within the O'Neill's Addition as referenced on the map enclosed on page /40 The letters submitted by each of these three individuals are enclosed on pages // through /AI which outline the basis for their objection. These proper- ties are proposed to be assessed under Project 349 for the upgrading to City standards of East Blue Gentian Road which is being performed by the Minnesota Department of Transportation (MnDOT) in conjunction with a cooperative cost participation agreement with the City of ZLgan. -Encto page/ is pecia #82-5 —wh-1-ch —w—1—cwas reviewed by the Special Assessment Committee on June 14, 1982, and adopted by Council action on July 6, 1982. The realignment of East Blue Gentian Road is being performed under Cost Participation Agreement #61824 which requires the City of Eagan to financially contribute to a portion of East Blue Gentian Road. Enclosed on pages and /1 is a copy of the preliminary assess- ment role delineating the amount of the assessment for streets and related storm sewer along with the map referencing the improve- ments to be performed under this project. The objections of these three property owners relate to the City's proposed assessments for the upgrading of Blue Gentian Road with related storm sewer. Minnnesota Statute, Section 429.051 allows the City to assess for the benefits received from public improve- ments if the following criteria are met: 1. There is a cooperative agreement with another political entity (MnDOT Cost Participation Agreement #61824). 2. All public hearing and other public improvement require- ments of Chapter 429 (Special Assessments) are followed ° (Project 349). 3. The portion of the costs to be assessed is either paid by the City or funded through a county state -aid highway fund, municipal state -aid street fund or a trunk highway fund (Trunk Highway Improvement 494-393). Blue Gentian Road is being upgraded to present day City standards and no previous assessments have been levied against these proper- ties for public road improvements. B. PROJECT 349, EAST BLUE GENTIAN (continued) STAFF RECOMMENDATION With the existence of Special Assessment fact that the referenced properties will completion of the proposed improvements, it that the assessments as proposed under properties remain as proposed. COMMITTEE RECOMMENDATIONS/COMMENTS 0 SAC 7/30/84 Policy #82-5 and the be benefited by the is staff recommendation Project 349 for these 9 • O �} r CLEAR B GRUB 0.46 ACRE • O I I O 1s 1 0 I I. CLEAR B GRUH 6 TREES 0 � '1 H. �9 A E p30 � j � o�6 e• CL GRUB aon�� &V4 dot E.� REM E 1j TI Q \ ( I 79,000 -- 1 F� -Ot 14 O / - NE\ E. Li 206A\. CLEAR& GRUB 8.14 ACRES - ��O P PH / GEH •�% 206A 206A I .—T. E. 0 0 Io I `�>`„ vi: t��.w.t`..��'� �� =tom �,'..-•+�.. _ �. 6Y' ..._: ". '...-. _ 9 w� � co -i6 3 o O l A IL r y C+r I� 'iCL7[iy ,cp�. /U -533y0 ; 6a �/^ J March 12, 1984 Mayor Bea Blomquist Eagan City Hall 3795 Pilot Knob Road Eagan, MN 55122 Dear Mayor: We are writing to you in regard to assessments to be levied in connection with Public Improvement Project 11349. At the Public Hearing held February 21, 1984, we were informed that we would be assessed for curbs and gutters in the approximate amount of $6,000. The purpose of this letter is to (1) object to the assessment in and of itself; and (2) object to the amount as excessive for "benefits" to be received. We have lived at our current address since January, 1970. Our road, O'Neill Drive, was considered a private road by the City. Collectively, we homeowners kept it graded, had it plowed, etc., over the years; the City expended nothing for its upkeep. It has no curbs nor gutters, yet this has caused no problems. Beginning in 1979 and through 1982, we had several meetings with the State of Minnesota, Department of Transportation, regarding Interstate 494 and our access. Several proposals were considered prior to the final one — that of abolishing O'Neill Drive and replacing it with a rerouted Blue Gentian Road. In all our meetings with the State (of which the City was notified) there was agreemen etween the rerouted —Blue nn a start of our property was considered State property. As such we would not be Tiab3e-fo-� assessment NOR would we be en it _ - -wav pavments or purchase o.a portion of our property. This did, and does, seem ai and easona e. a s ms reasonable that since we don't own this property, we don't "benefit" from any improvements to it. Further, we have lived perfectly well without these improvements for 14 years and should be able to continue to do so. This assumption must be valid as similar improvements are not being added to the other portions of Blue Gentian Road. It would seem that if the City, for whatever reason, desires these improvements and wishes to make them at this time, it should pay for them, or work out a settlement with the owner of the property -- the State of Minnesota. The Council's suggestion that we petition to become owners of the piece_of land between our property and Blue Gentian Road in order to recoup the amount of the assessment is not /Z -2 - acceptable. We neither want -- or need — the additional property for a price tag of $6,000. I hope that this letter serves its purpose -- that of alleviating this assessment. If we can provide you, or the Council, with any additional information, please let us know. We hope to hear from you soon regarding a decision in this matter. Sincerely, Frances J. 0'ei(ll Michael E. Terry 820 O'Neill Drive Eagan, MN 55121 /u - s - 1."i-o10•a/ cc: Eagan City Council 13 c C�ssQss vYl.t.� T �n�/ ae- �'�., i�07 f�aad yi�<{ LZ/pl r -1 'r I--?, W- 7-u- / �-t, G/ 7 R s 1c - %. r -z, ,97,d h� 'r/c/ tis. Lug who/ b -z- i9rsesT n y lm t9paK4 iv -e,,(-77-2 b -e, cause / es /7a T 1041— Oc/ P r2rC10-z,,7;.,-v (/� T `-J, a.S 7- 6 id a-%) T�-t ;7 �G c, �� v � /�e C'o nj e Cc- /a,� a .r o/ /)ss,v-s use. f �Jr No b�h�.r �v us �Ous4. b c•- rd rte., .��. al a v-e,•� '�a � � • ° ° �'lir�t�r-ertoup/t l� . /9 1i al Oy 6/S'- We s pe C- Ti q ke.or7 -e-r4 � cSo � m,a� �c� 10-,53x79 -61A-Oa C POLICY # -82-5 STREET ASSESSMENT - STATE AND C=M ROAD,CONSTRUCTION SUBJECT: Determination of zoning equivalent street assessments for property adjacent to State and/or County -funded roadway construction. POLICY: Properties adjacent to roadway improvements that incorporate cost participation by the City in ocabination with Federal, State and/or County funds should be assessed an amount equal to the benefit received as determined by the predetermined equivalent front foot assessment rate for the appropriate zoning classification of the benefited property irregardless of the ratio of financial contribution by any outside funding source involved. OBJECTIVE: To insure that all property located within the City of Fagan ultimately pays its fair share for benefit received from new and/or upgraded roadway inprovements adjacent to that proper- ty. JUSTIFICATION: Due to the fact that there are different levels of service C;• and classifications for streets within the City of Eagan, there are respective different construction costs associated with providing street thoroughfares to their different con- struction design criteria standards. Therefore, it is felt that a specific property should not have to be responsible for any oversizing costs above and beyond that which wnuld normally be required to service that specific zoned parcel of land to current City standards. All oversizing costs are then absorbed and became the responsibility of the City's Major Street Construction Fund. Because the City's Major Street Construction Fund has several sources of revenue (i.e. MSAS funds, major road mill levy, road unit charge surcharge, grants, etc.), it is determined that an unequal advantage would be realized by a specific parcel of land whose adjacent street could potentially qualify for some specific outside fading source. Therefore, because the benefit received fran the improved roadway remains the same irregardless of the source of funds, the assessment should be based on the bene- fit received as determined by the annual zoning classifica- tion equivalent rate and should not take into consideration any financial contribution towards the construction from an outside source and/or agency. Reviewed and acted upon by: CITY C=;CIL: SPECIAL ASSESSMENT CCr.TIITTEE: Approved 7 -(P -SX Date X Approved 6-14-82 Date Denied Date _ Denied Date /S The Robert O'Neill Homestead 022-00 SUMMARY 42,973 58,814 085-00 PRELIMINARY ASSESSMENT ROLL 58,873 087-00 PROJECT NO. 349 66,015 90,350 088-00 Lateral 3,745 Total Parcel Storm Sewer Street Assessment Nuh Section 1 Auditors Subdivision No. 31 • 030-01 523 767 $ 1,290 010-02 20,226 29,667 49,893 010-03 1,910 2,802 4,712 020-04 5,227 7,667 12,894 030-04 1,005 1,475 2,480 N11 - Section 2 010-01 7,065 19,166 26,231 010-27 30,302 82,199 112,501 O'Neill's First Addition Lot 1, Block 1 2,613 3,834 6,447 4-Fmmc" o'Ne c Lot 2, Block 1 2,513 3,686 •6,199 Lot 3, Block 1 2,414 3,538 5,952 a- mAFLY OWEILL The Robert O'Neill Homestead 022-00 15,841 42,973 58,814 085-00 15,857 43,016 58,873 087-00 24,335 66,015 90,350 088-00 2,554 3,745 6,299< -KEN Seom,or TOTAL $132,385 $310,550 $442,935 E -9106b Page 10. 16 II II 1� I 11 1 � j1 11 'NE L FIRST A DITION , A 2 1 O00-00 ROBERT O'NEILL HOMESTEAD / LEGEND STORM SEWER ASSESSMENT (RATE / F F.) STREET ASSESSMENT (RATE IF.F.) 020-0A 030.00 AUDITORS SUBD. "0.31 EAST BLUE GENTIAN ROAD STORM SEWER AND STREET IMPROVEMENTS PROJECT NO.349 EAGAN, MINNESOTA 010-02 030-01 MRSTM KSM AW MA i ASW, Rib. MORTN o w0 2oa �SCAL MRSTM KSM AW MA i ASW, Rib. 3-0 B. PROJECT 349, WEST BLUE GENTIAN ROAD - ASSESSMENT OBJECTION 4. Howard Stacker (Parcel No. 10-00200-010-27, & 01 BACKGROUND INFORMATION Project 349 provides for the upgrading of West Blue Gentian Road to present day City commercial standards with related storm sewer. Enclosed on pages a p and [_ is a letter from Mr. Howard Stacker representing the interests of RES Investment Company and 494 Investment Company both of which are general partnerships and owners of the property adjacent to this proposed improvement. Enclosed on page ,%2 is a map that references the individual parcels owned by 494 or RES Investment and their relationship to the relocated West Blue Gentian Road. Also enclosed on page .7,3 is the preliminary assessment role for Project 349 which refer- ences those parcels expressing concerns. Project 349 references the relocation of West Blue Gentian Road being performed by MN DOT through a City/State Cost Participation Agreement No. 61824. West Blue Gentian Road is being realigned and relocated due to the inter- change of I-494 with T.H. 149 (Old Dodd Road). Due to the fact that there is a Cost Participation AgrPPmant hPt een --t_o,_�aty and the State which requires the City to participate in the con- struction of this relocation of West Blue Gentian Road, the City has initiated a public improvement project to assess the adjacent properties for the benefit received from this new road construc- tion. The petitioners are objecting to the City proposing to access 100% of the cost associate r—improve- ment. !Ti early 1981, the City and State had several meetings with the property owners to try and determine a proper relocation alignment for West Blue Gentian Road. During this same period of time, the property owners processed a grading/excavation permit through the City of Eagan to dispose of the excess material generated by the I -494/35E interchange project: The determination of the location of West Blue Gentian Road was OM -n ial tl the placement of this excavated materialin a contro 1e -1c manner. In additiject and the upgrading of T.H. 55, a storm sewer ponding easement had to be acquired for O'Neill's Rond (F - Subsequently, the agreement referenced on pages o?through 21. was executed by Representatives of MN DOT and the Investment Companies in November of 1982. During the negotiations for the conditions of this agreement, Special Assess- ment Policy No. 82-5 enclosed on page_ was processed and approved by the City in June/July of 1982. Paragraph number 2 of the agreement makes reference—to—this special assessment obligation _of the adjacent property _ whichdif- fers from Special Assessment Policy No. 82-5. This is the basis I/ —from—which—the—property—owners are presenting their objections for consideration by the Committee. STAFF RECOMMENDATION Due to the fact that since 1981, the staff has been directly involved with the owners of the property in the negotiations for the acquisition of ponding easements, utility line easements and road right-of-way for street and trunk highway/interstate construc- tion, the staff would support the petitioners request that their assessment be associated with only the cost incurred by the City to construct West Blue Gentian Road to the pr a design standards over and above what was pro osed to be constructed by MN DOT as a part of the interst r 2 is would be a deviation from Special Assessment Policy No. 82-5, it is based on consideration for the cost that would have been necessary for the acquisition of easements and rights -of- way through a negotiat- ed agreement which was initiated prior to the adoption of Special Assessment Policy No. 82-5. COMMITTEE RECOMMENDATIONS/COMMENTS /9 STACKER & RAVICH RALPH STACKER ATTORNEYS AT LAW STANLEY V. SHANEOLING PAUL H. RAVICH 900 FIRST BANK PLACE WEST RALPH S. SCHNEIDER HOWARD G. STACKER MINNEAPOLIS, MINNESOTA 55402 JOEL C. MAURER TELEPHONE 16121 349-4500 ROBERT J. TANSEY. JR. STEVEN M. RUBIN TELECOPIER 16121 332-4377 GLENN R. AYRES JANN L. OLSTEN WRITER'S DIRECT DIAL NO. WILLIAM E DORIGAN DAVID L. BLACK LYMAN P.O.JOHNSON 349-4502 DAVID E. KIRKMAN DAVID E. OSLUND MARY BETH BRODY NANCY F. FOWLER February 17, 1984 MARY E. STUMO SHARON D. NELSON DAVID L, HASHMALL TIMOTHY J. OLIVER EILEEN M. ROBERTS NANCY S. BENDER-KELNER TIMOTHY P. MCCARTHY JOSEPH L. DUNN Mayor Bea Blomquist City Council Members City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 SAINT PAUL OFFICE 870 NORTHERN FEDERAL BUILDING SAINT PAUL, MINNESOTA 55102 TELEPHONE 16121293-9103 STUART RADSOM 11923-19821 MAX A. STACKER 11900-1971) OF COUNSEL FRED SILVERSTEIN RE: Public Improvement Project No. 349 -qs�—s'�rAizs Our File No. 1320-39 Dear Mayor Blomquist and City Council Members: I am one of the attorneys for RES Investment Company, a Minnesota general partnership ("RES") and 494 Investment Company, a Minnesota general partnership ("49411) in connection with its land holdings and development activities in the City of Eagan. Accordingly, I have received and reviewed a copy of the Report on Blue Gentian Road Storm Sewer & Street Improvements Project No. 349 for Eagan, Minnesota, 1983 (the "Project") prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., which will be considered by the Eagan City Council at its public hearing on February 21, 1984.- Additionally, 984. Additionally, I have received and reviewed a copy of Special Assessment Policy #82-5, which was adopted and approved by the City of Eagan in June/July, 1982. It is the understanding of the principals of RES and 494 as follows: The upgrading of Blue Gentian Road will be performed cooperatively between the City of Eagan and MnDOT through a cost participation agreement; it is important that the City of Eagan approve the cost participation agreement between the City of Eagan and MnDOT at the meeting on February 21, 1984 in order to meet MnDOT's time schedule 20 for proceeding with the construction of the Project; and any delay in approving the cost participation agreement will result in a delay in the initiation of the Project. One purpose of this letter is to document the support by RES and 494 of the Project, and respectfully request the City Council of Eagan to approve the Project in a manner consistent with the time schedule of MnDOT and the City of Eagan. However, the other purpose of this letter is to document the disagreement by RES and 494 of being assessed for the costs incident to the Project in accordance with Special Assessment Policy #82-5. Consistent with that disagreement, we respectfully request that the matter of the special assessment determination be referred to the Special Assessment Committee of the City of Eagan for review during the spring of 1984, with that Committee's recommendation to be forwarded to the City Council of Eagan for formal consideration at the earliest appropriate time. The reasons for said disagreement are numerous and involve details and explanations beyond the scope of this letter. However, briefly stated, and not meant to be all encompassing, the thrust is that RES and 494, in conjunction with certain responsible officials of the City of Eagan, MnDOT, Department of Natural Resources, and Johnson Bros. Corporation, as the case may be, made application for, and were granted a number of permits, and entered into certain oral and written agreements. That activity involved by way of example, and not by way of limitation, an agreement involving dedication of a ponding easement within the area known as FP -1 in favor of the City of Eagan; exchanges of property between RES, 494 and MnDOT; and determination of location, quality and cost sharing relating to relocated Blue Gentian Road. The verbal agreements as to the various matters relating to relocated Blue Gentian Road predated Special Assessment Policy No. 82-5 and were ultimately incorporated in an Agreement, dated November 30, 1982, between MnDOT, RES and 494. HGS/djs 2/ Respectfully submitted, Sb A3 4 N OP TN 0 100 200 LL� SC LEGEND 4 / STORM SEWER ASSESSMENT (RATE / F F ) r STREET ASSESSMENT (RATE /F. F) EAGAN, MINNESOTA BNKS1K losm mmm A "soc.w— SUMMARY PRELIMINARY ASSESSMENT ROLL PROJECT NO. 349 O'Neill's First Addition Lot - Lateral 1 Total Parcel Storm Sever Street Assessment NWk Section 1 2,513 3,686 6,199 Auditors Subdivision No. 31 3, Block 1 2,414 - 030-01 523 767 $ 1,290 010-02 20,226 29,667 49,893 010-03 1,910 2,802 4,712 020-04 5,227 7,667 12,894 030-04 1,005 1,475 2,480 N - Section 2 010-01 7,065 19,166 26,231 F - o010-27 30,302 82,199 112,501 E O'Neill's First Addition Lot - 1, Block 1 2,613 3,834 6,447 Lot 2, Block 1 2,513 3,686 6,199 Lot 3, Block 1 2,414 3,538 5,952 The Robert O'Neill Homestead >022-00 15,841 42,973 085-00 15,857 43,016 087-00 24,335 66,015 088-00 2,554 3,745 TOTAL $132,385 $310,550 Page 10. E -9106b 023 58,814 E 58,873 E-- 90,350 E 6,299 $442,935 �.0 UE G�it�T/ moi✓ R S:.P. 1905 (494=392) SN" Quadrant 4948:49 THIS AGREEMENT, made and entered'into effective as of November �d 1982, by and among MINNESOTA DEPARTMENT OF TRANSPORTATION ("Mn/D01" INVESTMENT COMPANY, a Minnesota partnership ("RES") and 494 INVESTMENT COMPANY, a Minnesota partnership ("494"). RECITATIONS: FIRST: Mn/DOT is in the process of final design and preliminary construction pertaining to segments of I 494, I 35E and T.H. 149 through the City of Eagan, Minnesota. SECOND: As part of the construction, it will be necessary for Mn/DOT to relocate and reconstruct Blue Gentian Road on property owned by RES and 494; construct a drainage conduit from a pond designated by the City of Eagan as FP -1 (the "FP -1 Pond") in a northwesterly direction through property owned by 494; and reconstruct a portion of T.H. 149 on property owned by RES. THIRD: RES and 494 desire to previously purchased in connection and/or the construction of I 494. acquire certain property which Mn/DOT has with the relocation of Blue Gentian Road AGREEMENT: Pursuant to the foregoing Recitations, and in consideration of the mutual covenants and agreements hereinafter contained, and intending to be bound legally thereby, it is agreed as folllows: 1. RES and 494, consistent with their respective ownership interests therein, will dedicate lands, at no cost to Mn/DOT, for a street right-of-way, eighty feet (801) in width, containing five and one-half (5.50) acres, more or less, for the relocation of Blue Gentian Road at the location shown on Exhibit "A", attached hereto and made a part hereof, which location is color - coded in brown (the "relocated road land"). The exact legal description of the relocated road land will be determined by a survey, which survey will be prepared in an expeditious manner by, and at the expense -of, Mn/DOT. The dedication by RES and 494 of the relocated road land will be in exchange and in consideration for, in part, the lands to be conveyed to RES and 494 by Mn/DOT a's contemplated by this Agreement. 2. Mn/DOT will relocated road land. Mn/DOT is obligated that the responsibility of th thereof to RFS-49� construct a forty-four foot (441) wide road on the It is acknowledged and agreed by RES and 494 that to bear the cost of a thirty-two (321) wide road_ a an, wnic ea fano owners. e cost 3. 494 will convey to Mn/DOT, at no cost to Mn/DOT, an easement, forty feet (40') in width, to enable Mn/DOT to construct and maintain a drainage conduit from the FP -1 Pond in a northwesterly direction, containing eight tenths (0.80) of an acre, more or less, at the cross -hatched location shown on Exhibit "A", attached hereto, which location is color -coded in red (the lfdralnage easement land"). The exact legal description of the drainage ease- m^nt land will be determined by a survey, which survey will be prepared in ^n expeditious manner by, and at the expense of, Mn/DOT. The conveyance by 94 of the drainage easement land will be in exchange and in consideration for, the lands to be conveyed to 494 by Mn/DOT as contemplated by this Agreement The easement to which the drainage easement land is subject will provide, In Addition to other pertinent provisions, the following: (a) the drainage ",r11lnit and the construction thereof will be confined to the legally described , "A-f•rilent area; (b) the backfill shall be compacted to 95% modified proctor " "14; (c) upon completion, Mn/DOT shall provide to 494 an "as -built" A LI^ri Arid section; (d) Mn/DOT will be responsible for the operation and '^^Iril.onance of the drainage conduit, acid will be responsible for any required ','(,Air and replacement; (e) the operation of the drainage conduit will not "ftliril5h the aesthetics of the FP -1 Pond; and (f) the property owner or �'"'"'r''•. successors and assigns, will be entitled to use the drainage easement for surface parking, vehicular traffic, and compatible landscaping, Inconsistent with the use of said easement by Mn/DOT. a4 Y �.0 UE G�it�T/ moi✓ R S:.P. 1905 (494=392) SN" Quadrant 4948:49 THIS AGREEMENT, made and entered'into effective as of November �d 1982, by and among MINNESOTA DEPARTMENT OF TRANSPORTATION ("Mn/D01" INVESTMENT COMPANY, a Minnesota partnership ("RES") and 494 INVESTMENT COMPANY, a Minnesota partnership ("494"). RECITATIONS: FIRST: Mn/DOT is in the process of final design and preliminary construction pertaining to segments of I 494, I 35E and T.H. 149 through the City of Eagan, Minnesota. SECOND: As part of the construction, it will be necessary for Mn/DOT to relocate and reconstruct Blue Gentian Road on property owned by RES and 494; construct a drainage conduit from a pond designated by the City of Eagan as FP -1 (the "FP -1 Pond") in a northwesterly direction through property owned by 494; and reconstruct a portion of T.H. 149 on property owned by RES. THIRD: RES and 494 desire to previously purchased in connection and/or the construction of I 494. acquire certain property which Mn/DOT has with the relocation of Blue Gentian Road AGREEMENT: Pursuant to the foregoing Recitations, and in consideration of the mutual covenants and agreements hereinafter contained, and intending to be bound legally thereby, it is agreed as folllows: 1. RES and 494, consistent with their respective ownership interests therein, will dedicate lands, at no cost to Mn/DOT, for a street right-of-way, eighty feet (801) in width, containing five and one-half (5.50) acres, more or less, for the relocation of Blue Gentian Road at the location shown on Exhibit "A", attached hereto and made a part hereof, which location is color - coded in brown (the "relocated road land"). The exact legal description of the relocated road land will be determined by a survey, which survey will be prepared in an expeditious manner by, and at the expense -of, Mn/DOT. The dedication by RES and 494 of the relocated road land will be in exchange and in consideration for, in part, the lands to be conveyed to RES and 494 by Mn/DOT a's contemplated by this Agreement. 2. Mn/DOT will relocated road land. Mn/DOT is obligated that the responsibility of th thereof to RFS-49� construct a forty-four foot (441) wide road on the It is acknowledged and agreed by RES and 494 that to bear the cost of a thirty-two (321) wide road_ a an, wnic ea fano owners. e cost 3. 494 will convey to Mn/DOT, at no cost to Mn/DOT, an easement, forty feet (40') in width, to enable Mn/DOT to construct and maintain a drainage conduit from the FP -1 Pond in a northwesterly direction, containing eight tenths (0.80) of an acre, more or less, at the cross -hatched location shown on Exhibit "A", attached hereto, which location is color -coded in red (the lfdralnage easement land"). The exact legal description of the drainage ease- m^nt land will be determined by a survey, which survey will be prepared in ^n expeditious manner by, and at the expense of, Mn/DOT. The conveyance by 94 of the drainage easement land will be in exchange and in consideration for, the lands to be conveyed to 494 by Mn/DOT as contemplated by this Agreement The easement to which the drainage easement land is subject will provide, In Addition to other pertinent provisions, the following: (a) the drainage ",r11lnit and the construction thereof will be confined to the legally described , "A-f•rilent area; (b) the backfill shall be compacted to 95% modified proctor " "14; (c) upon completion, Mn/DOT shall provide to 494 an "as -built" A LI^ri Arid section; (d) Mn/DOT will be responsible for the operation and '^^Iril.onance of the drainage conduit, acid will be responsible for any required ','(,Air and replacement; (e) the operation of the drainage conduit will not "ftliril5h the aesthetics of the FP -1 Pond; and (f) the property owner or �'"'"'r''•. successors and assigns, will be entitled to use the drainage easement for surface parking, vehicular traffic, and compatible landscaping, Inconsistent with the use of said easement by Mn/DOT. a4 > > A G R E E M E N T �.0 UE G�it�T/ moi✓ R S:.P. 1905 (494=392) SN" Quadrant 4948:49 THIS AGREEMENT, made and entered'into effective as of November �d 1982, by and among MINNESOTA DEPARTMENT OF TRANSPORTATION ("Mn/D01" INVESTMENT COMPANY, a Minnesota partnership ("RES") and 494 INVESTMENT COMPANY, a Minnesota partnership ("494"). RECITATIONS: FIRST: Mn/DOT is in the process of final design and preliminary construction pertaining to segments of I 494, I 35E and T.H. 149 through the City of Eagan, Minnesota. SECOND: As part of the construction, it will be necessary for Mn/DOT to relocate and reconstruct Blue Gentian Road on property owned by RES and 494; construct a drainage conduit from a pond designated by the City of Eagan as FP -1 (the "FP -1 Pond") in a northwesterly direction through property owned by 494; and reconstruct a portion of T.H. 149 on property owned by RES. THIRD: RES and 494 desire to previously purchased in connection and/or the construction of I 494. acquire certain property which Mn/DOT has with the relocation of Blue Gentian Road AGREEMENT: Pursuant to the foregoing Recitations, and in consideration of the mutual covenants and agreements hereinafter contained, and intending to be bound legally thereby, it is agreed as folllows: 1. RES and 494, consistent with their respective ownership interests therein, will dedicate lands, at no cost to Mn/DOT, for a street right-of-way, eighty feet (801) in width, containing five and one-half (5.50) acres, more or less, for the relocation of Blue Gentian Road at the location shown on Exhibit "A", attached hereto and made a part hereof, which location is color - coded in brown (the "relocated road land"). The exact legal description of the relocated road land will be determined by a survey, which survey will be prepared in an expeditious manner by, and at the expense -of, Mn/DOT. The dedication by RES and 494 of the relocated road land will be in exchange and in consideration for, in part, the lands to be conveyed to RES and 494 by Mn/DOT a's contemplated by this Agreement. 2. Mn/DOT will relocated road land. Mn/DOT is obligated that the responsibility of th thereof to RFS-49� construct a forty-four foot (441) wide road on the It is acknowledged and agreed by RES and 494 that to bear the cost of a thirty-two (321) wide road_ a an, wnic ea fano owners. e cost 3. 494 will convey to Mn/DOT, at no cost to Mn/DOT, an easement, forty feet (40') in width, to enable Mn/DOT to construct and maintain a drainage conduit from the FP -1 Pond in a northwesterly direction, containing eight tenths (0.80) of an acre, more or less, at the cross -hatched location shown on Exhibit "A", attached hereto, which location is color -coded in red (the lfdralnage easement land"). The exact legal description of the drainage ease- m^nt land will be determined by a survey, which survey will be prepared in ^n expeditious manner by, and at the expense of, Mn/DOT. The conveyance by 94 of the drainage easement land will be in exchange and in consideration for, the lands to be conveyed to 494 by Mn/DOT as contemplated by this Agreement The easement to which the drainage easement land is subject will provide, In Addition to other pertinent provisions, the following: (a) the drainage ",r11lnit and the construction thereof will be confined to the legally described , "A-f•rilent area; (b) the backfill shall be compacted to 95% modified proctor " "14; (c) upon completion, Mn/DOT shall provide to 494 an "as -built" A LI^ri Arid section; (d) Mn/DOT will be responsible for the operation and '^^Iril.onance of the drainage conduit, acid will be responsible for any required ','(,Air and replacement; (e) the operation of the drainage conduit will not "ftliril5h the aesthetics of the FP -1 Pond; and (f) the property owner or �'"'"'r''•. successors and assigns, will be entitled to use the drainage easement for surface parking, vehicular traffic, and compatible landscaping, Inconsistent with the use of said easement by Mn/DOT. a4 i 4. RES will convey to Mn/DOT fee title. at no cost to Mn/DOT, to certain land contiguous to T.H. 149, containing two and thirty nine hundredths (2.39) acres, more or less, and a temporary easement (T.E.) at no cost to Mn/DOT, containing eleven hundredths (0.11) acres, more or less, said temporary easement shall expire 12-1-86,*at the location shown on Exhibit "A", attached hereto, which location is color -coded in red (the "T.H. TTT-T-a-nTrrF The exact -legal description of the T.H. 149 land will be determined by a survey, which survey will be prepared in an expeditious manner by, and at the expense of, Mn/DOT. The conveyance by RES of the T.H. 149 land will be in exchange and in consideration, in part, for lands to be conveyed to RES by Mn/DOT as contemplated by this Agreement. 5. RES and 494 will convey to Mn/DOT, at no cost to Mn/DOT, the right of access from abutting lands owned by RES and 494 respectively. at the locations shown on Exhibit "A", attached hereto. The conveyarice; of the rights of access are in exc ang�d-in consideration for, in part, the lands to be conveyed to RES and 494 by Mn/DOT as contemplated by this Agreement. 6. Mn/DOT will construct, at no cost to RES, the following frontage roads: (a) from the entrance to the Imre Addition on T.H. 149, access to the most southerly parcel of land owned by RES as shown on Exhibit "A", attached hereto; and (b) from the entrance to the Imre Addition at . 149, access to the RES parcel of land immediately north of the Imre Addition as shown on Exhibit "A", attached hereto. Such access roads will be constructed according to Mn D specifications for frontage roads. The respective locations of the frontage roads are tentatively set forth at the cross -hatched locations color -coded in black on Exhibit "A", attached hereto. 7. Mn/DOT will convey separatelyy in fee title to RES and 494, respective]; in accordance with State Statute 8 161.44,.and at no additional cost to RES' or 494, to each that certain land contiguous to the land currently owned by each, containing four and three tenths (4.30) acres, more or less, in total, at the locations shown on Exhibit "A", attached hereto, which locations are color -coded in yellow (the exc� ess Tnd"). That portion of the excess land which is cross -hatched in yellow on Exhibit "A", attached hereto, containing one and sixteen hundredths (1.16) acres�l-6e subject to a scenic easement in favor of Mn/DOT (the "scenic easement land"). The exact legal description of the.excess land and the scenic easement land will be determined by a survey. which survey will be prepared in an expeditious manner by, and at the expense of Mn/,DOT. The conveyance by Mn/DOT of the excess land will be in exchange and in consideration for, in part,.the lands to be conveyed to Mn/DOT by RES and 494 as contemplated by this Agreement. 8. Mn/DOT. RES and 494 contemplate that the deeds to be exchanged pursuant to this Agreement will be exchanged in accordance with the provisions of this Agreement within ninety (90) days after the date of this Agreement, time being of -the essence. 9. If RES and/or 494 request or petition for the vacation of existing Blue Gentian Road, at the location shown on Exhibit "A',' attached hereto. which location is color -coded in gold (the "vacate ro_a land"), Mn/DOT will not object to such request and/or petition for vacation. The exact legal description of the vacated road land will be determined by a survey, which survey will be prepared in an expeditious manner by, and at the expense of Mn/DOT. 10. RES and 494 hereby grant to Mn/DOT, its agents and contractors,the right to enter upon the relocated road land, the drainage easement land and the T.H. 149 land for the purpose of construction activities and activities reason- ably rel-ated thereto. Said right of entry will commence upon execution of this Agreement by the parties hereto to the extent not previously granted. *or sooner as notified by MnDOT - 2 - -1-1: RES and 494 each release Ion/DOT from any and all condemnation damages of any kir;., nature or description, to which RES or 494 ,could be entitled arising out of the transactions provided for in this Agreement. The parties hereto have caused this Agreement to be appropriately executed effective as of the date and year first above written. MINNESOTA DEPARTMENT OF TRANSPORTATION 1. By irecrorRight o ay Operation DATE vk,�— :,3 .-li� 0:1-, BY ommissioner ofranscion DATE //. 30 — ?;L P1 u strict tngineer DAT 1proved as to From and Execution: J. Moosbrugger Nssistant Attorney General Jate � zg f - 3 - RES INVESTMENT COMPANY BY 0 o b ins DATE IIZZ-? ? Howard G. Stacker DATE 494 INVESTMENT COMPANY M. Rodney � rreT 6,1 0 C POLICY ## 82-5 STREET ASSESSMFiViT - STATE AND COUNTY ROAD CONSTRUCTION SUBJTCI': Determination of zoning equivalent street assessments for property adjacent to State and/or County -funded roadway construction. POLICY: Properties adjacent to roadway improvements that incorporate cost participation by the City in ccanbination with Federal, State and/or County funds should be assessed an amount equal to the benefit received as determined by the predetermined equivalent front foot assessment rate for the appropriate zoning classification of the benefited property irregardless of the ratio of financial contribution by any outside funding source involved. OBJECTIVE: To insure that all property located within the City of Fagan ultimately pays its fair share for benefit received from new and/or upgraded roadway improvements adjacent to that proper- ty. CJUSTIFICATION: Due to the fact that there are different levels of service ;.. and classifications for streets within the City of Eagan, there are respective different construction costs associated with providing street thoroughfares to their different con- struction design criteria standards. Therefore, it is felt that a specific property should not have to be responsible for any oversizing costs above and beyond that which would normally be required to service that specific zoned parcel of land to current City standards. All oversizing costs are then absorbed and become the responsibility of the City's Major Street Construction Fund. Because the City's Major Street Construction Fund has several sources of revenue (i.e. MSAS funds, major road mill levy, road unit charge surcharge, grants, etc.), it is determined that an ungual advantage would be realized by a specific parcel of land whose adjacent street could potentially qualify for some specific outside funding source. Therefore, because the benefit received from the improved roadway remains the same irregardless of the source of funds, the assessment should be based on the bene- fit received as determined by the annual zoning classifica- tion equivalent rate and should not take into consideration any financial contribution towards the construction from an outside source and/or agency. Reviewed and acted upon by: CITY 0XNCIL: SPECIAL ASSFSSMENrr CCt?tr=: Approved 7-6-6x Date X Approved 6-14-82 Date Denied Date Denied Date oC 7 SAC 7/30/84 C. PROJECT 372, I -35E UTILITIES & STREETS - ASSESSMENT OBJECTIONS Francis C INFORMATION 1 No. 10-02100-010-50 The two property owners referenced above share the same concern pertaining to the assessments associated with Project 372 for the installation of utilities and street improvements along Deerwood Drive as a part of the I -35E freeway construction. 'These utility and, stree i� mp=ovemern s are ueing perrormed in conjunction with a Cost Participation Agreement No. 16932 between MN DOT and the City of Eagan. Enclosed on pages 031 and 116 are the letters staff received from Mr. Franz (No. 010-50) and Mrs. Heuer (No. 010-78) requesting consideration by the Special Assessment Commit- tee pertaining to their proposed assessments under Project 372. Enclosed on page -AA / is the preliminary assessment role associat- ed with Project 372 which identifies the various types of assess- ments associated with each parcel. The improvements being provided to the Francis Franz property (010-50) include lateral benefit from trunk watermain, trunk area and lateral storm sewer, street, sidewalk and bituminous trail -way construction. The location of these proposed utilities in relation- ship to Mr.ranz parcel (010-50) are identified on pages !!K Z through for watermain, storm sewer lateral, trunk storms sewer and street with sidewalk and/or trail improvements. Enclosed on pages 4 6 through fQ are the computations that were used to determine the assessment obligation of Mr. Franz's parcel for each of the improvements respectively. Mrs. Heuer's parcel (010-78) is proposed to be assessed for street and sidewalk improvements only. Enclosed on page X1 is the map showing the relationship of Mrs. Heuer's property to the Deerwood Drive proposed improvements. Enclosed on pages ,S 2 - and and 5%3 is the computa°:ions used to determine the assessment obligation of this property. Based on previous conversations held with the affected property owners, it is staffs understanding that the basis for the petitioners objection relate to the street and sidewalk improve- ments- i the upgrading of Deerwoo Drive These improvements are being performed by MN DOTynder Cost Participation Agreement No. 61824. Enclosed on page f 7'is Special Assessment Policy No. 82-5 which addresses the issue pertaining to assessments associated with street improvements funded through Cost Participa- tion Agreements. STAFF RECOMMENDATION Utility modifications and improvements being performed along Deer - wood Drive provide direct benefit to the property being served, Mr. Francis Franz (010-50). Subsequently, staff recommends that all 37 assessments associated with these utility improvements be reaffirm- ed as proposed under Project 372. In relationship to the common objection pertaining to assessments associated with the street improvements of Deerwood Drive, staff feels that Special Assessment Policy No. 82-5 is fair and equitable and that the assessments proposed under Project 372 to Mr. Franz and Mrs. Heuer should be reaffirmed as outlined in the feasibility report due to the fact that these properties receive the benefit associated with having Deerwood Drive upgraded to present day City standards for residential streets. COMMITTEE RECOMMENDATIONS/COMMENTS 3k Mr. Francis C. Franz 1620 Deerwood Drive Eagan, Minnesota 55122 March 2, 1984 Mr. Thomas L. Hedges City Administrator City of Eagan, Minnesota 3830 Pilot Knob Road Eagan, Minnesota 55122' Re: I -35E Utility Crossings and Street Improvements Project Number 372 Dear Mr. Hedges: This is a formal request for a meeting with the City Engineer to discuss the hereinabove referenced project as it more particularly relates to my property, and, subsequent to that meeting, to appear before the Assessment Committee to discuss matters relative to the pending assessments to be levied on my property as a result of said improvement project. Thank you for attending to this request. Sincerely, � �� e r� Mr. Francis C. Franz Parcel Number 10-02100-010-50 cc: Thomas A. Colbert City Engineer 2G Mrs. Anna S. Heuer 1530 Deerwood Drive Eagan, Minnesota 55122 March 2, 1984 Mr. Thomas L. Hedges City Administrator City of Eagan, Minnesota 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: I -35E Utility Crossings and Street Improvements Project Number 372 Dear Mr. Hedges: This is a formal request for a meeting with the City Engineer to discuss the hereinabove referenced project as it more particularly relates to my property, and, subsequent to that meeting, to appear before the Assessment Committee to discuss matters relative to the pending assessments to be levied on my property as a result of said improvement project. Thank you for attending to this request. Sincerely, q,'.t A a S Mrs. Anna S. Heuer Parcel Number 10-02100-010-78 CC: Thomas A. Colbert City Engineer PRELIMINARY ASSESSMENT ROLL PROJECT N0. 372 NW 1/4 SECTION 10 010-57 030-26 SW 1/4 SECTION 10 010-56 010-57 020-56 NE 1/4 SCTION 16 UnFar- 010-07 020-06 Bicentennial 6th Addn. Lot 1, Block -1 BE 1/4 SECTION 16 010-81 010-82 �SW 1/4 SECTION 16 010-50 Bl eckh ewdc Hills Addn. ` Outlot B Outlot C SE 1/4 SECTION 20. Oak rtdae Acres First Addn. Lot 5, Block 1 Hillandale Addition No. I Outlot C NW 1/4 SECTION 21 012-28 NE 1/4 SECTION 21 010-08 020-08 SW 1/4 SECTION 21 4F A� 010-50 011-51 SE 1/4 SECTION 21 EV67L 1. 010-78 NEI/4 SECTION 29 020-05 BITUMINOUS STREET SIDEWALK PATHWAY 1,555 77 $ 1,810 27,446 17,107 1,961 S 12,196 $ 65,987 $ 7,042 5, 544V. 8,994 y 2,81V 29,994 3,201 2,898 15,680 3,347 19,818 63,256 8,195 26,158 1,257 4,011 4,675 14,922 3,419 10,911 1,946 3,300 23,022 3,790 1,690 $2,450 18,505 10,284 1,690 TOTAL ...... $3,380 3554b TOTAL $ 941 21,264 64,081 1,555 77 29,256 17,109 1,961 85,225 -14,538 36,013 21,925 83,074 34,357 5,268 19,597 14,330 1,946 30,112 $' 2,228 75,157 4,947 1,072 7,971 861 $ 67,>31 IS, 50589,914 24,559 4,176 18,754 8,968 3,245 4,027 28,095 2,770 $1,810 $2,450 $216,925 $105,157 $411,060 $ 45,184 $ 11,107 6,019 4,832 202,575,E FRANC 18,754 12.2131t N°�- 34,892 $797,017 WATER MAIN SANITARY SEWER STORM SEWER Lateral Bene- Lateral Bene- Trunk Parcel fit from Trunk fit from Trunk Lateral Area lateral NB 1/4 SECTION ulU-RT-- $ 941 010-02 21,264 010-05 64,087 NW 1/4 SECTION 10 010-57 030-26 SW 1/4 SECTION 10 010-56 010-57 020-56 NE 1/4 SCTION 16 UnFar- 010-07 020-06 Bicentennial 6th Addn. Lot 1, Block -1 BE 1/4 SECTION 16 010-81 010-82 �SW 1/4 SECTION 16 010-50 Bl eckh ewdc Hills Addn. ` Outlot B Outlot C SE 1/4 SECTION 20. Oak rtdae Acres First Addn. Lot 5, Block 1 Hillandale Addition No. I Outlot C NW 1/4 SECTION 21 012-28 NE 1/4 SECTION 21 010-08 020-08 SW 1/4 SECTION 21 4F A� 010-50 011-51 SE 1/4 SECTION 21 EV67L 1. 010-78 NEI/4 SECTION 29 020-05 BITUMINOUS STREET SIDEWALK PATHWAY 1,555 77 $ 1,810 27,446 17,107 1,961 S 12,196 $ 65,987 $ 7,042 5, 544V. 8,994 y 2,81V 29,994 3,201 2,898 15,680 3,347 19,818 63,256 8,195 26,158 1,257 4,011 4,675 14,922 3,419 10,911 1,946 3,300 23,022 3,790 1,690 $2,450 18,505 10,284 1,690 TOTAL ...... $3,380 3554b TOTAL $ 941 21,264 64,081 1,555 77 29,256 17,109 1,961 85,225 -14,538 36,013 21,925 83,074 34,357 5,268 19,597 14,330 1,946 30,112 $' 2,228 75,157 4,947 1,072 7,971 861 $ 67,>31 IS, 50589,914 24,559 4,176 18,754 8,968 3,245 4,027 28,095 2,770 $1,810 $2,450 $216,925 $105,157 $411,060 $ 45,184 $ 11,107 6,019 4,832 202,575,E FRANC 18,754 12.2131t N°�- 34,892 $797,017 } 18-D.LP M -n SwM r.w 0 roozo6 Soo ' I I 35-E 0 DZERWOOD 9R1% WA n 91e -a 24" D.I. P I V LIRE 6 M.G 1 UTILITY CROSSINGS ASSESSMENTS FIGURE No -20 DRIVE WATERMAIN CROSSING EAGAN 9 14INNESOTA mo -u 49230 BONESTRIA mosm ANOEMA( • Asm m � �v 'ASSESSMENT LATERAL BENEFIT FROM TRUNK WATERMAIN 1 3 } 18-D.LP M -n SwM r.w 0 roozo6 Soo ' I I 35-E 0 DZERWOOD 9R1% WA n 91e -a 24" D.I. P I V LIRE 6 M.G 1 UTILITY CROSSINGS ASSESSMENTS FIGURE No -20 DRIVE WATERMAIN CROSSING EAGAN 9 14INNESOTA mo -u 49230 BONESTRIA mosm ANOEMA( • Asm m � �v J ASSESSMENT 17 F . LATERAL STORM I SEWER(RATE/F.F. TRAIL 24" 265' - FUTURE EXTENSIONS BY CITY �- £R 4,0 / 265 130' —12° \\` \ �Rt�.� /. y. / L265'-24" CONNECT TO EXISTING / 1 6 we too' i I35 -E UTILITY CROSSINGS ASSESSMENTS FIGURE No -25 DEERWOOD DRIVE STORM SEWER EAGAN, MINNESOTA 1 4 9 2 5 0 NONfSTIM WSEPdEt " A AWC, YIC Al -3 Imo. �r� � 'til � ` i• �- ! Proposed 1 I Assm't. Area .rIV IM/, 6 --- .... W ~ Proposed- cm- - Assm't. Area It I35 -E UTILITY CROSSINGS TRUNK AREA STORM SEWER FIGURE No. 24 EAGAN ., MUNNESOTA � "1 19 seoro �� c a s ac 4 a-%&^ I -35E UTILITY CROSSINGS ASSESSMENTS FIGURE No. 27 DEERWOOD DRIVE STREET,SIDEWALK & TRAIL IMPROVEMENTS 012.28 010-2a 1/4 SEC. 21 '-----' --. DrER*J D DR 010.50.:;:; \� FFA W op oR%�ll R 010-78 50' /t OI T^1 F. F. LAK R DGE A RE I -35E UTILITY CROSSINGS ASSESSMENTS FIGURE No. 27 DEERWOOD DRIVE STREET,SIDEWALK & TRAIL IMPROVEMENTS 012.28 010-2a 1/4 SEC. 21 '-----' --. DrER*J D DR 010.50.:;:; \� FFA W op oR%�ll R 010-78 APPENDIX A PRELIMINARY ASSESSMENT ROLL I-35 UTILITY CROSSINGS AND STREET IMPROVEMENT PROJECT NO. 372 I. WATER MAIN A) Lateral Benefit from Trunk (Deerwood Drive West End) Assessable Parcel Footage Rate/F.F. NW 1/4 Section 21 012-28 SW 1/4 Section 21 —� 010-50 100, $16.90 100, $16.90 Total II. SANITARY.SEWER A) Lateral Benefit from Trunk (Effress Addition Extension) Assessable Parcel Footage Rate/F.F. SW 1/4 Section 10 010-56 100, $18.10 B) Lateral (Deerwood Drive West End) NW 1/4 SECTION 21 012-28 Actual Cost Page 49. 3554b 46 Total Assessment $1,690 1,690 we $3,380 Total Assessment $1,810 $2,450 R. III. STORM SEWER A) Trunk Area Storm Sewer (Figure No. 11) Total Area Credit Assess. Area Assessment Total Parcel (Sq.ft.) (Sq.ft.) (Sq.ft.) Rate Assessment NE 1/4 SECTION 10 (1)$ 010-01 13,837 --- 13,837 $0.068/s f. 941 010-02 390,885 Street 20% 312,708 $0.068/s.f. 21,264 010-05 1,195,575 Pond 17,500 942,460 $0.068/s.f. 64,087 Street 20% NW 1/4 SECTION 10 010-57 22,863 -- 22,863 $0.068/s.f. 1,555 030-26 1,137 -- 1,137 $0.068/s.f. 77 SW 1/4 SECTION 10 010-56 1,037,194 Pond 274,800 Street 20% 010-57 375,200 Street 20% 020-56 43,568 SW 1/4 SECTION 21 X010-50 1,770,300 Street 20% 011-51 520,945 Street 20% (1) Commercial -Industrial Rate (2) Single Family Rate (3) Multi -Family Rate 609,915 $0.045/s.f.(2) 27,446 300,160 $0.057/s.f.(3) 17,109 43,568 $0.045/s.f. 1,961 1,416,240 $0.045/s.f. 416,756 $0.045/s.f. Page 50. 3554b y Y-/ 63,731 18,754 $216,925 .� B) Lateral Storm Sewer a) Deerwood Drive (West End) Parcel NW 1/4 SECTION 21 012-28 SW 1/4 SECTION 21 Assessable Footage 265' X010-50 265' 530' b) Federal Drive (West Frontage Road) NE 1/4 SECTION 16 010-04 1,320' 010-07 6001a� 020-06 j305` Bicentennial 6th Addition Lot 1, Block 1 313.67 SE 1/4 SECTION 16 010-81 2,145' 010-82 8871 SW 1/4 SECTION 16 010-50 136' Blackhawk Hills Addition Outlot B 506' Outlot C 370' C) Diffley Road (Co.Rd. No. 30) SE 1/4 SECTION 20 Hillandale Addition No. 1 Outlot C NE 1/4 SECTION 29 020-05 6,582.67 355.22 433.50 788.72 Total Rate/F.F. Assessment $69.83 $ 18,505 69.83 18,505 b $ 37,010 $ 9.24 $ 12,196 9.24 ,5,544•„ 9.24 '2,818' $ 9.24 $ 2,898 $ 9.24 $ 19,818 9.24 8,195 $ 9.24 $ 1,257 $ 9.24 $ 4,675 9.24 3,419 $ 60,820 $ 9.29 (1) $ 3,300 9.29 4,027 $ 7,327 (1) To determine assessment rate non -assessable footage was included: is (788.72 + 940.64 - 1729.36, Assessment Rate = $16,070/1729.36 = $9.29/F.F. is Page 51. 3554b Is �4,/ 1 IV. STREET A) DEERWOOD DRIVE a.) Street SE 1/4 SECTION 20 Oak Ridge Acres First Addition Lot 5, Block 1 NW 1/4 SECTION 21 Parcel 012-28 NE 1/4 SECTION 21 Parcel 010-08 Parcel 020-08 SW 1/4 SECTION 21 ;�o Parcel 010-50 SE 1/4 SECTION 21 Parcel 010-76 66 (1) $29.49(2) $ 1,946 348.70 $29.49 $ 10,284 167.72 $29.49 $ 4,947 134.67 29.49 3,971 3,048.92 $29.49 $ 89,914 vEz. 304.08 $29.49 $ 8,968 4,C70.19 $120,030 (1) Previous one-half of front footage was assessed as part of Project #277. It is, therefore, proposed to assess remaining one-half as part of this project. (2) Residential Equivalent Rate. Page 52. 3554b �9 b) Sidewalk Parcel SW 1/4 SECTION 21 010-50 s! SE 1/4 SECTION 21 y 010-76 ■ c) Trailway NW 1/4 SECTION 21 012-28 NE 1/4 SECTION 21 010-08 020-08 SW 1/4 SECTION 21 —X010-50 ■ 3554b M Assessable Total Footage- Rate/F.F. Assessment 2,395.38 $10.67 $ 24,559 304.08 10.67 3,245 2,699.46 $ 27,804 348.70 $ 6.39 $ 2,228 167.72 $ 6.39 $ 1,072 134.67 6.39 861 653.54 6.39 4,176 <- 1,304.63 $ 8,337 Page 53. 50 N I -35E UTILITY CROSSINGS ASSESSMENTS � I olo-is i FIGURE No.27 DEERWOOD DRIVE NW I/4 SEC. 21 Iy/ W STREET,SIDEWALK Rc a TRAIL IMPROVEMENTS 1 iAR 113EA 012-28 010-50 E 010 -z5 — -• ----- — '-- nc ERWO D DR — — — — — — F UrGRF 010 -so AFF R W Op OR��E /7 LEGEND: SWII/4 SEC -21 > OIOj50 /• STREET RES. EQUIV. (RATE/F.F.) CONC. SIDEWALK (RATE/F.F.) 7l BIT. TRAIL (RATE/F.Fj EXT77= ! 010-08 012-28 010-50 E 010 -z5 — -• ----- — '-- nc ERWO D DR — — — — — — F UrGRF 010 -so AFF R W Op OR��E /7 LEGEND: SWII/4 SEC -21 > OIOj50 /• STREET RES. EQUIV. (RATE/F.F.) CONC. SIDEWALK (RATE/F.F.) 7l BIT. TRAIL (RATE/F.Fj EXT77= ! 010-08 IV. STREET A) DEERWOOD DRIVE a.) Street SE 1/4 SECTION 20 Oak Ridge Acres First Addition Lot 5, Block 1 NW 1/4 SECTION 21 Parcel 012-28 NE 1/4 SECTION 21 Parcel 010-08 Parcel 020-08 SW 1/4 SECTION 21 Parcel 010-50 SE 1/4 SECTION_21 �—� Parcel 010-78 66(1) $29.49(2) $ 1,946 348.70 $29.49 $ 10,284 167.72 $29.49 $ 4,947 134.67 29.49 3,971 3,048.92 $29.49 $ 89,914 304.08 $29.49 $ 8,968 4,070.19 $120,030 (1) Previous one-half of front footage was assessed as part of Project #277. IsIt is, therefore, proposed to assess remaining one-half as part of this project. Is(2) Residential Equivalent Rate. 10 3554b 0 Page 52. �3-z b) Sidewalk Assessable Total Parcel Footage. Rate/F.F. Assessment SW 1/4 SECTION 21 010-50 2,395.38 $10.67 $ 24,559 SE 1/4 SECTION 21 `010-78 304.08 10.67 3,245 2,699.46 $ 27,804 c) Trailway NW 1/4 SECTION 21 012-28 348.70 $ 6.39 $ 2,228 NE 1/4 SECTION 21 010-08 167.72 $ 6.39 $ 1,072 020-08 134.67 6.39 861 SW 1/4 SECTION 21 010-50 653.54 6.39 4,176 1,304.63 $ 8,337 Page 53. 3554b �5'3 C. POLICY # 82-5 STREET ASSESSMENT - STATE AND CXXMM ROAD CCNSTRUC ICN SUBJECT: Determination of zoning equivalent street assessments for property adjacent to State and/or County -funded roadway construction. POLICY: Properties adjacent to roadway improvements that incorporate cost participation by the City in cm bination with Federal, State and/or County fundsshould be assessed an amount equal to the benefit received as determined by the predetermined equivalent front foot assessment rate for the appropriate zoning classification of the benefited property irregardless of the ratio of financial contribution by any outside funding source involved. OBJECTIVE: To insure that all property located within the City of Fagan ultimately pays its fair share for benefit received from new and/or upgraded roadway improvements adjacent to that proper- ty. JUSTIFICATION: Due to the fact that there are different levels of service C;• and classifications for streets within the City of Eagan, there are respective different construction costs associated with providing street thoroughfares to their different con- struction design criteria standards. Therefore, it is felt that a specific property should not have to be responsible for any oversizing costs above and beyond that which unuld normally be required to service that specific zoned parcel of land to current City standards. All oversizing costs are then absorbed and become the responsibility of the City's Major Street Construction Fund. Because the City's Major Street Construction Fund has several sources of revenue (i.e. MAS funds, major road mill levy, road unit charge surcharge, grants, etc.), it is determined that an unequal advantage would be realized by a specific parcel of land whose adjacent street could potentially qualify for some specific outside funding source. Therefore, because the benefit received from the improved roadway remains the same irregardless of the source of funds, the assessment should be based on the bene- fit received as determined by the annual zoning classifica- tion equivalent rate and should not take into consideration any financial contribution towards the construction from an outside source and/or agency. Reviewed and acted upon by: CITY COU CIL: SPECIAL ASSFSSM0,1T CCFt1ITTEE: X Approved 7-6-3x Date X Approved 6-14-82 Date Denied Date _ Denied Date Tku rve� A.V,- a. e&4'A -,U4 `1 P C� ,• ,c N �1 d 1 0 9 ��'•=ice` ,�� :-_w_ l L�-�i ��c 1�: �-) HAUGE. Swm, EIDE & $ELLER. P.A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 2005 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 55122 PAUL N. NAUDE Amu Coo[ 612 BRADLEY SMITH TELEpmONE 454.4224 KEVIN W. EIDE DAVID G. KELLER August 13, 1984 DAKOTA COUNTY TRIBUNE 1525 East Highway 1113 Burnsville, MN 55337 RE: Notice of Public Hearing Gentlemen: Assessment Enclosed please find copy/conies of a Notice of max/Hearing regarding assessment hearing notices Please publish the enclosed notice(s) for_I week(s) in your _ August 16, 1984 WN issue. After pub— lication, please submit your Affidavit of Publication to our office. Very truly yours, enc. cc: Tom Colbert Ann Goers NOTICE OF ASSESSMENT HEARING CITY OF EAGAN NOTICE IS HEREBY GIVEN, that the City Council of the City of Eagan, Dakota County, Minnesota, will meet at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on September 4, 1984 ' , at 7:00 p.m. to consider the proposed assessments: See attached The area proposed to be assessed is all property described above, all as more fully and particularly described in the assessment roll on file with the City Clerk in his office, which 'roll is open to public inspection. Written or oral objections by any property owner will be considered at the public hearing. A property owner may appeal an assessment to the District Court pursuant to the Minnesota Statutes, Section 429.081 by serving notice of appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the District Court within ten (10) days after service upon the Mayor or City Clerk. No such appeal as to the amount of any assessment may be made unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. Notice is further given that pursuant to Minnesota Statutes, Section 435.193 to 435.195, the City of Eagan has adopted City Code Section 2.75 relating to Senior Citizen hardship special assessment deferral. This ordinance provides that the Eagan City Council may defer the payment of a special assessment against any homestead property, not exceeding 10 acres in size, which is owned and occupied by a person 65 years-ofage or older when the total amount of the assessment exceeds $300.00 and the payment thereof would create a hardship upon the property owner. Further information may be obtained from the City Clerk regarding the ordinance and application for deferred assessments. Dated: August 13, 1984 s/E. J. VanOverbeke E. J. VanOverbeke, City Clerk City of Eagan Project 11367 - side improvements to Rahn Road described as follows: The E 1/2 of the SE 1/4 of Section 30, Township 27, Range 23, Dakota County, Minnesota, except the North 640 feet of the East 1020.22 feet thereof. Project $368 - street, storm sewer, sanitary sewer and water improvements to Robin Lane described as follows: That part of the SE 1/4 of the NW 1/4 of Section 17, Township 27, Range 23, Dakota County, Minnesota, lying south of Blackhawk Road and lying east of Trunk Highway No. 13; the west 175 feet of that part of the SW 1/4 of the NF 1/4 of said Section 17 lying south of Blackhawk Road; that part of the NF 1/4 of the SW 1/4 of said Section 17 lying east of Trunk 'Highway No. 13; the west 498.8 feet and the south 625 feet of that part of the NW 1/4 of the SE 1/4 of Section 17 lying west of Blackhawk Road except the east 375 feet of the north 100 feet thereof; that part of the SW 1/4 of the SE 1/4 of said Section 17 ycommencing at the Northwest corner of Blackhawk Acres, thence west along the north line of said SW 1/4 of SE 1/4 of Section 17 a distance of 329.66 feet, thence south at right angles to said north line a distance of 151.5 feet, thence east parallel to said north line to the west line of Blackhawk Acres, thence North along the west line of Blackhawk Acres to the point of beginning; that part of the SW 1/4 of the SE 1/4 of said Section 17 lying west of Blackhawk Road, lying south of Blackhawk Acres, and lying north and east of Town View First Addition; and lots 6 through 12, Blackhawk Acres. Project 11370 - sanitary.sewer,.water, storm sewer, and street to Dakota County Plat No. 1 described as follows: That part of the East 800 feet of the NE 1/4 of Section 31, lying north and west of Minnesota Department of Transportation Right of Way Plat No. 19-17; and that part of the NW 1/4 of the NW 1/4 of Section 32 lying West of Minnesota Department of Transportation Right of Way Plat No. 19-22; all in Township 27, Range 23, Dakota County, Minnesota. Project 11388 - sanitary sewer, water, storm sewer and street improvements to Sun Cliff First Addition described as follows: That part of the NW 1/4 of Section 29, Township 27, Range 23, Dakota County, Minnesota, lying east of Beaver Dam Road, and that part of the NE 1/4 of Section 29 lying west of Blackhawk Road. MINUTES OF A REGULAR M13TIBG OF THE SPECIAL ASSESSMENT COMMITTEE EAGAN, KMIESOTA JULY 30, 1984 A regular meeting of the Eagan Special Assessment Committee was held on Monday, July 30, 1984 at 4:30 p.m. at the Eagan Municipal Center. Present were Chairman Don Knight, Councilmembers Egan and Mayor Blomquist, Planning Commission Member Mulrooney, and member Dale Vogt. Bill Rydrych was absent. Also present were Public Works Director Colbert and City Attorney Hauge. AGENDA Vogt moved, Egan seconded the motion to approve the Agenda as presented. All voted yes. HOKUM 1ST ADDITION A letter dated February 24, 1984 from William MacPherson of Norwest Properties, Inc. objecting to the assessments levied against the Norwest 1st Addition at the northeast corner of Pilot Knob Road and Lexington Avenue was reviewed. It covered the original assessment liability and the amount of credit to be applied for additional costs incurred by the bank in providing water service to its facility. Basically, the objection related to the amount of credit the City allowed for the additional footage of water main that had to be installed as a result of MnDOT's I -35E construction and also the amount of credit applied for the installation of an additional 20 -inch butterfly valve on the trunk water main which was used to maintain continuous water supply to the bank during the construction of the interchange. Mr. Colbert detailed the objections and the staff's position and stated that if the trunk water main were not in place, that the bank would have had to install whatever length of lateral water main that was necessary from the intersection of Yankee Doodle Road and Pilot Knob Road to service its facility. Therefore, he recommended no further credit as was outlined in Rich Hefti's letter of February 24, 1984. In addition, the credit for the installation of the 20 -inch butterfly valve was discussed and it was recommended that $1,804.00 credit be granted, which was based upon actual material prices charged by the bank's contractor and an estimate of the labor time used for its installation. Mr. MacPherson and others from the bank were present and stated that originally the bank intended to acquire water service at the north end of its property from Pilot Knob Road. He stated that he understood the City would pay one-half of any excess assessments. Mr. Colbert stated that the intention of the staff was to recommend approval of 50% credit related to the gate valve only. 'There was no showing that the City has benefitted, according to Councilman Egan. Egan then moved that the Committee accept the recommendation of the staff and refer it to the City Council. Mulrooney seconded the motion. It was noted that there may be a question as to whether $10,726.40 is the correct amount to be assessed for lateral benefit from trunk watermain and it will be reviewed by the staff. All voted in favor except Blomquist who abstained. 1 Assessment Committee Minutes July 30, 1984 O'NEILL ADDITION - EAST BLUE GENTIAN ROAD - PROJECT #349 Letters were received from several owners in the O'Neill Addition, including Mary O'Neill, Frances O'Neill and Kenneth Schmidt objecting to the assessments proposed to be levied against their properties for the improve- ments to East Blue Gentian Road being performed by MnDOT in conjunction with the Cooperative Cost Agreement with the City of Eagan. Mr. Colbert detailed the assessment proposal and noted that the City will participate in the cost upgrading of the street and submitted proposals to assess benefit based on residential rates. Frances O'Neill and other neighbors were present and explained that the area north of the private O'Neill Drive which currently is maintained by the property owners on a private basis, is owned by MnDOT. It would be necessary to extend their driveways northerly to the new alignment of East Blue Gentian Road, but MnDOT representatives indicated there would be no assessments for the street improvements. It was understood that MnDOT will then turn back the land south of the right-of-way to the City for maintenance purposes. The City would be required to maintain a 13 foot minimum along the right-of-way for snow storage but Mr. Colbert recommended that the City convey the excess land to the adjacent property owners. Councilman Egan questioned whether City Assessment Policy 85-5 applies strictly in this case, noting that benefit may not be appropriate based upon the following mitigating circumstances: 1. That the property is not adjacent to East Blue Gentian Road. 2. That there will be grading and maintenance expense involved by the properties accessing to East Blue Gentian Road. 3. That there will be an effect on the tax base of the individual parcels, due to the realignment. The O'Neills indicated that they had received no payment from MnDOT and it was noted that the private drive is a dedicated street. Egan then moved, Blomquist seconded the motion based upon the mitigating circumstances mentioned above, that the Committee recommend that there is benefit to the property, but that the City Council determine a reduction from the normal residential' equivalent rate at a percentage to be determined by the City Council. All voted in favor. Mulrooney moved, Egan seconded the motion to recommend that the Council attempt to acquire reimbursement from MnDOT for an equitable reduction of the amount of the assessment. All voted yea. 2 Assessment Committee Minutes July 30, 1984 HOWARD STACUR - PROJ= #349 - RES INVESTMW 8 1194 INVESTMENT A letter was received from Howard Stacker, a partner in RES Investment and 494 Partnership, concerning Project 8349 relating to the assessments along West Blue Gentian Road. Mr. Colbert stated that since 1980 there has been a great deal of negotiation and a number of agreements were reached involving Johnson Brothers Construction Co., MnDOT, RES Investment, 494 Partnership, and the City of Eagan relating to the dedication of a pond to the City, the dedication of right-of-way for the realignment of West Blue Gentian Road, the installation of fill material on the road right-of-way and various other aspects of the I-494 construction in the general area. The owners objected to assessment of 100% of the cost associated with the street and storm sewer improvements and in light of the miscellaneous agreements and understandings reached, the easements acquired and construction of the right-of-way, the staff recommended approval of the owner's request that the assessment be associated only with the cost incurred by the City to construct West Blue Gentian Road to the present commercial design standards over and above what was proposed to be constructed by MnDOT as part of the interstate program. It was noted this is a deviation from Special Assessment Policy 82-5, based upon the consideration of the cost that would have been necessary for the acquisition of easements and rights-of-way through nego- tiated agreement which was initiated prior to the adoption of the Special Assessment Policy 82-5. Howard Stacker was present and explained the extensive negotiating that has taken place since 1980 noting that the understanding regarding assessments predated the Eagan Policy 82-5 and basically, the only improvements the City is responsible for would be the surfacing of the street right-of-way. Blomquist moved, Vogt seconded the motion to recommend approval of the staff's recommendation and direct that it be forwarded to the City Council. All voted yes. ROBERT J. O'NE11L - PROJECT #372 - I-359 STREETS AND OTUXfJXS A letter was received from Robert O'Neill who owns the parcel at the northwest corner of Lexington Avenue and Yankee Doodle Road regarding the pending assessments associated with Project #372. The proposal was to assess the property for lateral benefit and trunk sanitary sewer and trunk sanitary storm sewer improvements. The Master Comprehensive Storm Sewer Plan for the City proposed to locate a major storm sewer detention pond (DP=4) over the northern portion of the O'Neill property and the staff had recommended deduc- ting 6.31 acres prior to applying a 20% credit for future dedicated right -of - 3 Assessment Committee Minutes July 30, 1984 way and easements. The reason is that a controlled water storm outlet will be provided with the utility improvements by MnDOT through a Cost Participation Agreement and Eagan Assessment Policy 82-3 would be utilized to incorporate a drainage basin as a part of the Master Storm Sewer Plan. ,Staff recommends that the assessment, as proposed, be affirmed for trunk storm sewer purposes as well as sanitary sewer assessments. There was no appearance by Mr. O'Neill and Mr. Colbert stated that the owner requested that he not be given any credit and wanted the City eventually to condemn for the storm sewer pond. Blomquist moved, Mulrooney seconded the motion to implement the recommendation of the staff regarding the storm sewer and sanitary sewer assessments and recommended the City Council follow current City policy regarding storm sewer assessments and credits. All voted yes. FRANCES C. FRANZ - PROJECT #372 - STREETS & UTnXfY ASSESSMENTS A letter had been received from Frances Franz, an owner on the south side of Deerwood Drive and also a letter from Mrs. Anna Heuer, an owner lying directly east of the Franz property on the south side of Deerwood Drive, objecting to certain assessments for utility and street improvements on the Franz property and street and sidewalk improvements on the Heuer property. Mr. Colbert stated that Mr. Franz had called and asked for a continuance because his representative, John Klein, was not able to be present at the meeting. Marty Heuer appeared on behalf of Mrs. Anna Heuer and indicated that he had no objection to a continuance of their request for reduction in assess- ments also. After discussion, Egan moved, Blomquist seconded the motion to continue the consideration of the two requests until a later Assessment Com- mittee meeting. All voted yea. The next meeting was scheduled for October 9, 1984 at 4:00 p.m, at the Eagan Municipal Center. Upon motion duly made and seconded, the meeting adjourned at 6:35 p.m. PHH 4 AGENDA SPECIAL ASSESSMENT COMMITTEE MEETING EAGAN MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MN 55122 MONDAY JULY 30, 1984 4:30 P.M. I• 4:30 - Roll Call & Pledge of Allegiance II. 4:35 - Adopt Agenda III. 4:40 - New Business A. NORWEST 1ST ADDITION CREDIT FOR PRIVATE INSTALLATION 1• William MacP erson (Lot 1 Block 1) B. PROJECT 349, E & W BLUE GENTIAN RD. ASSESSMENT OBJECTION 1. Mary O'Neill (Lot 2; O'Neill's Addition) 2. Frances O'Neill/Michael Terry (Lot 1, O'Neill's Addition) 3• Kenneth Schmidt (Part of Lot 8, Robt. O'Neill Homestead) 4• Howard Stacker (10-00200-010-27,& 01) (10-53320-087-00) (10-53320-885-00) (10-53320-022-00) C. PROJECT 372, I-35 UTILITIES & STREETS - I. 1. Robert JASSESSMENT OBJECTION . O'Neill 10 (-01000-010-56) 2. Francis C. Franz (10-02100-010-50) 3• Anna S. Heuer (10-02100-010-78) IV. Other Business V. Adjourn 0 MINUTES OF A REGULAR MEETING OF THE SPECIAL ASSESSMENT COMMITTEE EAGAN, MINNESOTA JULY 30, 1984 A regular meeting of the Eagan Special Assessment Committee was held on Monday, July 30, 1984 at 4:30 p.m. at the Eagan Municipal Center. Present were Chairman Don Knight, Councilmember Egan and Mayor Blomquist, Planning Commission Member Mulrooney ale Vogt aw4-Bill RydrychP-A-e� t l w Also present were Public Works Director Colbert and City Attorney Hauge. AGENDA Vogt moved, Egan seconded the motion to approve the Agenda as presented. All voted yes. .� NORWEST 1ST ADDITION A"Y— ✓I 14ec/ A letter ' _d from William MacPherson of Norwest Properties, Inc. objecting to the assessments levied against the Norwest 1st Addition at the northeast corner of Pilot Knob Road and Lexington Avenue —e A letterFed �egfl toA� from M cti a+� was reviewed cover (the original assessment liability and the amount of credit to be applied for additional costs incurred by the bank in providing water service to its facility. Basically, the objection related to the amount of credit the City allowed for the additional footage of water main that had to be installed as a result of MnDOT's I -35E construction and also the amount of credit applied for the installation of an additional 20 -inch butterfly valve on the trunk water main which was used to maintain continuous water supply to the bank during the construction of the interchange. Mr. Colbert detailed the objections and the staff's position and stated that if the trunk water main were not in place, that the bank would have had to install whatever length of lateral water main 1 5.2 All references in this will to my husband's surviving me mean that if my husband and I both die under such circumstances that it cannot be established by sufficient idence that we died otherwise than simultaneously, my husband sh 1 be� emed to have survived me, but all references to any other perso survivi g me mean that if such person and I both die under such circu stances hat it cannot be established by sufficient evidence that w died oth rwise than simultaneously, such person shall be deemed not have su ived me. 5.3 I have intention lly limi ed gifts under this will to my descendants as defined in th s will. i I have signed this will cons sting o four (4) pages,, this page included, \, . C{LYTIL E. ALLSHOUSE We certify that in our presence o�jlthe date appearing above in the State of Minnesota, CLYTIA E. ALLSHOUSE sftned the foregoing instrument and acknowledged it to be her Will, that a h r request and in -her presence and in the presence of each other, we haversi ned our names below as witnesses, and that we believe her to be of sound min and Memory. residi at /:, it residing at 4 0 that was necessary from the intersection .of, YankeeeDoodle,-Road and Pilot Knob Road to service its facility. Therefore,"ommended no further credit a2(V as was outlined in Rich Hefti's letter of February 24, 1984.addition, the credit -for the -installation �of•..the, 20 -inch, butterfly valve was discussed and j it was: recommended, that $1!;804.00. credit be granted,. which was, based: upon., tual Material, -prices- charged -by, the bank's contractor,,and an .estimate/, ti- ytime a) d. u4or-its,stallation.-,. Mr. MacPherson -and, others, from e bank were present and stated that originally. thebankintended: toacquire water-♦service -at,the, north ;end :of its property from. Pilot Knob: Road. .:He. stated that -he -understood the..City, would pay one-half of. any, excess; assessments..'.Mr. Colbert.stated that the.. intention of the staff..was to3 recommend approval of 50% credit -related, to,the.gate valve only. „There was,no, showing that -the. City has benefitted, according„to.Councilman Egan. Egan them moved that the Committee :accept -the-recommendation of the staff and refer it to the 'City Xounci o Mulrooney .seconded .the. motion. It. was noted that there may be a question.as,:to whether, $10,726.40 is the correct amount to be assessed for lateral benefit from trunk watermain and it will be reviewed by -the, staff. ,All voted in favor., except Blomquist who abstained. O'NEILLIADDITION - EAST.BLUE GENTIAN,ROAD - PROJECT #349. t:., Letters we. received. from several owners• in, the,W Nei -l1 Addition, including Mary O'Neill, Frances O'Neill !and,Kenneth Schmidt objecting,�to the. assessments ?proposed to be levied .against -,their...properties for the improvements to )East Blue Gentian-Road•,being-performed by MnDOT-in:con;junction: with the Cooperative Cost Agreement with•the,City of'Eagan., -Mr. --Colbert' detailed the assessment proposal and noted that •t ity will participate in the cost upgrading of the street -and• f proposa-Is:to assess benefit. based on residential rates. , Frances' O'Neill and, other neighbors were, present and ;explained that ,the 4.3..Mytpersonal;.representativ.e, in addition to.all.other.powers conferred upon her by law that are not inconsistent with those contained herein, shall- have the. power, exercisable without authorization of any court: 4.3.1 To sell at p(aldio e and to. mortgage or pledge tt all of the real or persor 4.3.2 :To make part to time and to distribi to the kind or partly in, each, ind.,for I of property distributed n.kin� r public sale, to retain, to lease, purpose of borrowing money,: any or rty of•my estate. ,ibutions from my estate from time residue of my estate in cash or in this purpose to determine the value AR�'ICLE� FIVE GENERAL GO RN NG.PROVISIONS ' 5.. , The, following .provisions -s -11 apply)Lto the, interpretation of my will and .the 'administration -of my es a e: - 5.1 My husband's name is MEARL a/k/a-MERLE C. ALLSHOUSE and.a-11 references in%this will to my band,are to her only; "descendants" means -all persons. -who are l ne 1 descendants of the person..whose descendants are referred, o ( ncluding legally, adopted lineal -descendants) except, illegit•mate • escendants.and their descendants; "child" means a descendant of the.fi t generation;. "per stirpes" means in,equal shares among living children. f.the person whose descendants are referred to and the•descen ants (take .collectively) of each deceased child of such person, ith such d cendants taking by right,,.of representation of such deceased child. N , CLYTIA•E. ALLSHOUSE 3 area north of the private O'Neill Drive which currently is maintained by the property owners on a private basis, is owned by MnDOT. It would be necessary to extend their driveways northerly to the new alignment of East Blue Gentian Road, but 4a4 + 49ft MnDOT representatives indicated there would be no assessments for the street improvements. It was understood that MnDOT will then turn back the land south of the right-of-way to the City for maintenance purposes. The City would be required to maintain a 13 foot minimum along the right-of-way for snow storage but Mr. Colbert recommended that the City convey the excess land to the adjacent property owners. Councilman Egan questioned 1. whether the City 01 5 applies strictly in this case, noting that benefit may not be appropriate based upon the following mitigating circumstances: 1. That the property is not adjacent to East Blue Gentian Road. 2. That there will be grading and maintenance expense involved by the properties accessing to East Blue Gentian Road. 3. That there will be an effect on the tax base of the individual parcels, due to the realignment. The O'Neills indicated that they had received no payment from MnDOT and it was noted that the private drive is a dedicated street. Egan then moved, Blomquist seconded the motion based upon the mitigating circumstances mentioned above, that the Committee recommend that there is benefit to the property, but that the City Council determine eduction from the normal residential equivalent rate at a percentage to be determined by the City Council. All voted in favor. Mulrooney moved, Egan seconded the motion to recommend that the Council attempt to acquire reimbursement from MnDOT for an equitable reduction of the amount of the assessment. All voted yea. HOWARD STACKER - PROJECT 11349 - RES INVESTMENT & 494 INVESTMENT i1 2.2 I give all interests (real or personal) in real property used by me or my husband for residential purposes and in all real estate contiguous to or used in connection with such property to my husband if he survives me. ARTICLE THREEI 3• I give the residue of my state, co sisting of all property which I can dispose of by will and not ffectivel disposed of by the preceding articles of this will, except a y proper y over which I may then have a testamentary power of appointment, s follow 3.1 To my husband, if he urvive me; or 3.2 If my husband does of su vive me, to my descendants who • L survive me, per stirpes; or 3.3 If not disposed of by he eceding paragraphs, one-half to my heirs-at-law and one-half to my h sb nd's heirs-at-law. The heirs-at-law of each of us shall be determine nder, and take the shares prescribed by, Minnesota Statutes, Section 52 16, in force at the execution of this will, applied as if each of us had ied intestate and without spouse or descendants surviving, on the date o my death. It ARTA PERSONAL RI 4. I nominate my husband as my 4.1 If my husband fails or successor, I nominate JAMES B. 4.2 No bond shall be rei nominated by my husband or me. rI VE arsonarepresentative. uses to so act and does not designate a :SHOUSE a\s my personal representative. ired of i 2 E. personal representative A letter was received from Howard =Staoker ' ,- apartner in RES investment and 494 Partnership, concerning Project #349 relating to the assessments along West Blue Gentian Road. Mr. Colbert stated that since 1980 there has been a great "deal'of 'negotiation and a number of agreements were reached involving Johnson Brothers Consi'ruction Co., MnnGT, RES Investment, '494 Partnership,and the City'of Eagan relating to the dedication of a pond to the City, the dedication of-rig'h't=of=way for the realignment of West Blue Gentian Road, the installation of fill material "on 'theI road'right-of-way and various other aspects of the I-494 constructioninthe general area. IThe owners objected to ty propo asses i00$ '""ofUU the cost associated with the street and storm sewer improvements and in'iigtitIof"the misoeilaneous'agreem�en�and understandingsJreaehed,'the easements acquired" and construction oP the righi - of -way, ''the staff recommend approval of- the owner's request that the assessment be associated ith onlyVthe 'cost incurred by the City to construct West tlue'Gentiian Road to _th)e'presentcommere ial design standards over and above what was proposedoto'be constructed'byAM DOt as part' of the interstate program.' s a deviation from y�ie Special 'Assessment Policy 82-5, _�-�hr / s based onsiderati'on'`'of-tte"cost;; that woul,d have been necessary for the acquisition of easements and. rights-of-way through negotiated agreement which was initiated prior'to the adoption of the Special Assessment Policy 82- 5. Howard Stacker was present and explained the extensive negotiating that has taken place since 1980 noting that the`'unde'rstanding regarding assessments predated the Eagan Policy 82-5 and b sically, the only improvements ity would' b the `surfaci'.,- 'of' the street right-of-way. A Blomquist moved, Vogt seconded the motion to recommend approval of the staff's recommendation and direct that it be forwarded to the City Council. All voted yes. q LAST WILL AND ESTA ENT - F CLYTIA ALLSHOUS I, CLYTIA E. ALLSHOUSE, of D kota County, Minnesota, revoke any prior i wills and codicil's, and make this y will. " A TICLE ONE PAYMENT OF XPENSES AND TA ES 1. My personal-representativ shall pay rom' the residue of my estate the expenses of my last Ellness 'fid fuse 1,1 valid debts, expenses of administering my estate, including"no -proba assets, and any estate or other death taxes except any generation-s' P,p g transfer tax which become due i because of my death, including any inte t and penalties: There shall be no apportionment of any such taxes, and I ive on behalf of'my estate 'any right to recover any part'of"them from'any ec pient, including any recipient of property passing'lapart from this will 1., AR CLE TWO 'SPE IFIC GIFT 2. I give'the following: 2.1 1 give all of my to Bible person 1 property to my 'husband 'if 'lie survives me, or if he does not surviveL me, in equal shares to my children who survive me. CLYTIA E. ALLSHOUSE 1 ROBERT J. O'NEILL - PROJECT 11372 - I -35E STREETS AND UTILITIES A letter was received from Robert O'Neill who owns the parcel at the northwest corner of Lexington Avenue and Yankee Doodle Road regarding the pending assessments associated with Project 11372. The proposal was to assess the property for lateral benefit and trunk sanitary sewer and trunk sanitary storm sewer improvements. The Master Comprehensive Storm Sewer Plan for the City proposed to locate a major storm sewer detention pond (DP -4) over the northern portion of the O'Neill property and the staff had recommended deducting 6.31 acres prior to applying a 20% credit for future dedicated right-of-way and easements. The reason is that a controlled water storm outlet will be provided with the utility improvements by MnDOT through a Cost Participation Agreement and Eagan Assessment Policy 82-3 would be utilized to incorporate a drainage basin as a part of the Master Storm Sewer Plan. Staff recommends that the assessment, as proposed, be affirmed for trunk storm sewer purposes as well as sanitary sewer assessments. There was no appearance by Mr. O'Neill and Mr. Colbert Atated that the owner requested that he not be � given any credit,ti VV he City eventuall) Pondel for the storm sewer pond. Blomquist moved,(((/Mulrooney seconded the motion to implement the recommendation of the staff regarding the storm sewer and sanitary sewer assessments and recommended the City C it follow current City policy regarding storm sewer assessmentsr All voted yes. FRANCES C. FRANZ - PROJECT 11372 - STREETS & UTILITY ASSESSMENTS A letter ha8 been received from Frances Franz, an owner on the south side of Deerwood Drive and also a letter from Mrs. Anna Heuer, an owner to—the-vast-side lying directly east of the Franz property on the south side of Deerwood Drive, objecting to certain assessments for utility and street improvements on the Franz property and street and sidewalk 5 ACKNOWLEDGMENT - T ^ LAST WILL A4D/TESTA\ME STATE OF MINNESOTA) )ss COUNTY OF ). . We, , , and MEARL a/k/a MERLE C. ALLSHOUSE the testator and. the .wit esses,, respect vely, whose names are„signed to the attached or foregoing ins rument, bein first duly sworn, do hereby declare to the undersigned authori y that, the to tator signed and executed the instrument as his Last Will an that he ha signed it as his free and voluntary act,for the purposes..herein.expr ssed; and that each,of the witnesses, in the presence,and he ring of the testator, signed the Will as witnesses,and that to the best of hi .or her.:kn wledge the test=ator was at the time 18 or more years of age, of so nd mind a under no constraint or undue influence. Witness Wit/ad , Subscribed and .-sworn to ack owledged before me by MEARL a/k/a MERLE C. ALLSHOUSE, the ator, nd subscribed and sworn to before me by _ a ,, witnesses, this day of 8_ Notary Public \ improvements on the Heuer property. Mr. Colbert stated that Mr. Franz had called and asked for a continuance because his representative, John Klein, was not able to be present at the meeting. Marty Heuer appeared on behalf of Mrs. Anna Heuer and indicated that he had no objection to a continuance of their request for reduction in assessments also. After discussion, Egan moved, Blomquist seconded the motion to continue the consideration of the two requests until a later Assessment Committee meeting. All voted yea. NEXT MEETING The next meeting was scheduled for October 9, 1984 at 4:00 p.m. at the Eagan Municipal Center. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 6:35 p.m. PHH 2 5.2 All references in this will to my wife's surviving me mean that if my wife and I both die under such circumstances that it cannot be established by sufficient evidence that we died otherwise than simultaneously, my wife shallrsurvived to have survived me, but all references to any other person e \ can that if such person and I both die under such circumsit cannot be established by sufficient evidence that we dse than simultaneously, such person shall be deemed not to hd m . 5.3 1 have intentionallgi is under this will to my descendants as defined in this I have signed this will consistAng of four Q4) pages, this page included, on . 19 1 . We certify that in our presence on I of Minnesota, MEARL'a/k/a MERLE C. ALLSHO and acknowledged it to be'his will, that and in the presence of each other', 'we witnesses, and that'we believe him to be o residing- at! residing at 4 ate appearing above in the State signed the foregoing instrument 'his request and in his presence ive signed our names below as ,pn& mind and memory. AGENDA SPECIAL ASSESSMENT COMMITTEE MEETING EAGAN MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MN 55122 MONDAY JULY 30, 1984 4:30 P.M. I. 4:30 - Roll Call & Pledge of Allegiance II. 4:35 - Adopt Agenda III. 4:40 - New Business A. NORWEST 1ST ADDITION CREDIT FOR PRIVATE INSTALLATION 1. William MacPherson (Lot i, Block 1) B. PROJECT 349, E & W BLUE GENTIAN RD. ASSESSMENT OBJECTION 1. Mary O'Neill (Lots 3 &4, O'Neill's Addition) 2. Frances O'Neill/Michael Terry (Lot 1, O'Neill's Addition) 3. Kenneth Schmidt (Part of Lot 8, Robt. O'Neill Homestead) 4. Howard Stacker (10-00200-010-27,& 01) (10-53320-087-00) (10-53320-885-00) (10-53320-022-00) C. PROJECT 372, I-35 UTILITIES & STREETS- ASSESSMENT OBJECT 1. Robert J. O'Neill (10-01000-010-56) 2. Francis C. Franz (10-02100-010-50) 3. Anna S. Heuer (10-02100-010-78) IV. Other Business V. Adjourn O A. NORWEST IST ADDITION - CREDIT FOR PRIVATE INSTALLATION 1. William MacPherson (Lot 1, Block 1) INFORMATION Enclosed on page -3 and 4 is a letter received from Mr. William MacPherson of Norwest Properties Incorporated presenting their position pertaining to their objections to the assessments levied to the Norwest 1st Addition. Their objection is based on a letter from the City of Eagan dated February 24, 1984, enclosed on pages ,S and G wherein the City delineated what was their original assessment liability and the amount of credit to be applied for the additional costs incurred by a ban i provi`cT.ng water service to their facility. Enclosed on page ' is a map of the Norwest lst Addition referencing the location of the original proposed connection point in relationship to the final connection and the related valves. As can be seen from their letter, the basis of their objection relates to the amount of credit that -Twe— c;tir all]52n-d fer�the additional footage _of water main they had to install_as_ a_r_esult of MRDot'S I -35E interchange construction with Yankee Doodle Road. T e f oer por ion o Their objection pertains to the C. calculation of the credit to ba app ie or e .installation of an additional 20 -inch butterfly valve on the trunk water main which wa use to maintain continuous water supply to the an during the construction of the previously -referenced interchange which required a portion of the trunk water main on Yankee Doodle Road to be taken out of service for approximately six weeks. STAFF RECOMMENDATION Because their objection relates to two separate issues, the staff will address each one as follows: 1. Lateral benefit from trunk water main: While the bank is requesting a credit greater than the $19.40/FF allowed ty staff, this rate is consistent with what we would charge them for the benefit received from the trunk water main that they are connecting to. This is based on the theory thathe trunk water main were not in place, a wouldhad to install whatever length of `laiteral water main was necessary of Yan ee Doodle Roa anlot Knobo service their facility. Therefore, if t eir claim for a higher rate per front foot for water main they installed is justified, this would become a viable argument for the City increasing the lateral benefit from the trunk water main for that portion of frontage (346 L.F.) that the bank did not have to install due to the City's previous installation which had not yet been assessed. Therefore, staff feels that the credit provided for the footage installed by SAC 7/30/84 A. NORWEST 1ST ADDITION (continued the bank is fair and that the City would not provide a credit greater than the amount of the assessment proposed to be levied. To do so would constitute the City's financing of private utility service installation which has not been done in the past. 2. Credit for the installation of a 20 -inch butterfly valve: While the installation of this valve is not necessary for the viability of the City's trunk water distribution system, it was a direct benefit to the bank to minimize the amount of additional laterals that would have had to be installed to make a connection on the Pilot Knob Road side of the existing valve. However, due to the confusion surrounding the scheduling of the interstate construction through MnDot and the processing of the development of the Norwest 1st Addition combined with a limited value to the City of having an additional valve in its system, the City agreed to apply a credit of 50% of the cost of this valve. The $1,804 credit was derived from actual material prices charged by the bank's contractor and an estimate of the labor time used for its installation. Due to the fact that the actual cost of installation exceeded the guaranteed price provided by the contractor, the City applied the same principle of computing the actual costs incurred by the bank in determining the value of credit to be applied. The staff feels that any additional credit provided to the bank would no longer result in a 50/50 cost split for this valve which was previously agreed to. COMMITTEE RECOMMENDATIONS/COMMENTS U ©LY&OR Qofflan KORWESTPROPERTIES iffd91®®® MOVMH May 1, 1984 Mr. Thomas A. Colbert Director of Public Works City of Fagan 3830 Pilot Knob Road . Eagan, Minnesota 55121 RE: Norwest First Addition - Assessments Dear Tom: Norwest Properties, Inc. 4375 Multifoods Tower 33 South Sixth Street Minneapolis, Minnesota 55402 The original assessments for Norwest First Addition were calculated from plans issued to the city per the development agreement. After receiving all the necessary city approvals we proceeded with the project. While our general contractor was applying for the necessary permits, we learned through the county that no cutting of Pilot Knob Road would be permitted due to the fact that it had just been upgraded and no permits would be issued (to cut) for five years. (Our water service was coming from Pilot Knob Road.). The county wondered why the city had approved our plans. However, with the help of the assistant city engineer we set out to relocate the water service to Yankee Doodle Road. Again it became apparent that our plans would not be approved. Minnesota Department of Transportation, District #9, rejected them because of plans to relocate a portion of that water main. Norwest was willing to move its tap along this water main to an area that was not scheduled for relocation. This however did not solve yet another problem because these were no valves in the line to prevent Norwest from being shut-off from water when the state started its work. Norwest requested that a valve be installed so this service would not be interrupted. Neither the city, county, or state were willing to assist the bank. At a meeting held at the city hall in Eagan on August 15, 1983 the assistant city engineer indicated that the best that the city could do for this development was to have the bank move its water service and install a valve along Yankee Doodle Road, and to have the addi- tional expense (incurred by the bank) for this work to be credited against its assessments. This arrangement being accepted by the bank, we proceeded. J Pace 7tao Mr. Colbert May 1, 1984 Upon completion of the work our sub -contractor provided us with an itemized breakdown of his work, which we in turn supplied to the assistant city engineer. From his return letter, and a meeting, we were informed that: #1. The lateral benefit from trunk water main assessment had changed. And we could only receive credit for the total assessment value. #2. The city's understanding of the "additional cost" agree- ment was that the additional costs would be split 50/50 and that the city's portion would be credited to the bank's assessments. After meeting with Mr. Hefti for clarification this was presented to the owner and after further examination, we think that (even if the agreement had been a 50/50 split) we have not received our fair portion of a credit. Furthermore, it appears that the credits already applied by the city have been reassessed against the un- developed portion of this property which the bank also has an interest in. In regards to all these discrepancies, we request the right to be heard by the assessment committee. Please call if you have any questions or comments. Sincerely, ry William A. MacPherson WAM/csb cc: Wally Klus Gene Fett Larry Kraning Doug Watschke Bea Blomqu st Rich Hefti attachments: Meeting notes at kV DOT, Dist. #9, July 27, 1983 Letter August 22, 1983, Assistant City Engineer, Costs Agreement Letter January 19, 1984, Assistant City Engineer, Cost Breakdown Letter February 24,1984, from Assistant City Engineer, Assessment Credits Received Letter March 9, 1984, Assistant City Engineer ®F 3830 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMQUIST EAGAN, MINNESOTA 55121 Maym PHONE: (612)'454-8100 THOMAS EGAN JAMES A. SMITH From Trunk Watermain 656LF JERRY THOMAS $10,726.40 THEODORE WACHTER February 24, 1984 C.m,l Me,o rs THOMAS HEDGES Received CR, Aan MIIOIV 2,000.00 EUGENE VAN OVERBEKE b. Credit For Add'l 31OLF Gry C..rw MR WILLIAM A MACPHERSON $ 6,014.00 NORWEST PROPERTIES INC 4375 MULTI -FOODS TOWER 33 S 6TH ST 65.25/LF MPLS MN. 55402 5,872.50 Re: Norwest lst Addition I have reviewed the itemized breakdown you forwarded to, my attention regarding the additional cost incurred by your firm to provide water service to the subject addition and have arrived at the subsequent determinations for credit to be applied to trunk area related water assessments to the subject development. The following table reflects the resulting credits on the assessments to the subject development. ITEM QTY. RATE INCREASE DECREASE 1. Lateral Benefit From Trunk Watermain 656LF $ 19.40/FF $10,726.40 a. Credit Previously Received 2,000.00 b. Credit For Add'l 31OLF 19.40/FF $ 6,014.00 Watermain c. Credit For Jacking 90LF 65.25/LF 5,872.50 TOTAL CREDIT 11,886.50 BALANCE DUE 839.90 2. Trunk Area Water 6.1AC 2,360/AC 14,396.00 a. Credit For P a -- TOTAL CRED 1,804 1,804 BALANCE DUE �9_" ocyv�� 12,592.00 Gd-.f�" 3. Trunk Area Storm 266,126S.F. $0.0647/S.F. 17,218.35 TOTAL ASSESSMENTS DUE $30,650.25 As you can see, the lateral benefit from trunk watermain assessment decreased from $10,726.40 to $839.90. The, credit for additional watermain was arrived at by scaling the street line distance between the original proposed connection and the westerly connection THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MR WILLIAM A MACPHERSON FEBRUARY 24, 1984 PAGE 2 that was actua 'nstalled. You will notice the credit for jacking rate is 87 the actual cost submitted by your contractor. This results fr m t e fact your firm only paid 878 of the actual cost to the co actor in accordance with your ceiling figure actually paid to the contractor. I also utilized this figure in determining the credit for the 20" butterfly valve. The $1,804 credit is approximately one half of the cost I determined for the butterfly valve since it was agreed to share these costs between this development and the City. Of course, the trunk area storm sewer rates were not affected by this construction and, therefore, remain the same. A copy of this letter has been forwarded to our Special Assessments Clerk who will work with the County to apply the above -referenced credit to your assessments which have already been processed as a part of the waiver your Firm signed as a condition of the Development Agreement. If you have any questions regarding the above -determined credits, please feel free to contact me and I will be available to discuss them in more detail at your convenience. Sincerely, 9L�4r///4) Richard M. Heftl, P.E. Assistant City Engineer RMH/kf/jj cc: Gene VanOverbeke Anne Goers Paul Hauge 2 ' h i I' J, r.I� i II�y'1'Tr�4.� 'i w• mf,µ' �� - ��— 1 1 .'.•,� '., .. y ��`.,-Ir+.y� 1 rlZ �S 1, 7t►yTI /i r d • '\y . i, S r4 'V, iv �. f {T„c <� �Iq�Mi � a 4_, �rJy'. `4-j, � � \ a r�i t� �. r a Nm -F �1 t •� r a• + n l vyt 'S�,'�,. J�+vat �� ai ��'�.,r� �, 11�'aa •y�F'}I {. .i � � s'/�l1"+.��lli .V! � .�4. i!� rj �l �tRv ,.4a1Y';F�. �e.�� ..m7 • � , .W ` •, 4 �J) 1 Q � i♦F3[� J l }v' 1 r, �� d gf �* '• �tyy 77 lu •,, }e��, -,' *t ) r r .'Y! �j,., �pcF� 1� 1, 1 ® i•..-. Jla. 1 I•. r r' 1'n,S + r1 � } .. t Itt� 60.F0 t 0sit d .. LLJ 03 22 i . r I Q I x y' Di wo. m,. �' m I T �N.. y 0 o Z' z i u F fnFig 1 Y y F m COU d CIT oa Ss ^ fdor W� CD LU .% u B. PROJECT 349, EAST BLUE GENTIAN ROAD --ASSESSMENT OBJECTIONS 1. Mary O'Neill (Lots 3 & 4, O'Neill's Addition) 's Addition BACKGROUND INFORMATION The three individuals referenced above are property owners of several lots within the O'Neill's Addition as referenced on the map enclosed on page /40 The letters submitted by each of these three individuals are enclosed on pages // through /AI which outline the basis for their objection. These proper- ties are proposed to be assessed under Project 349 for the upgrading to City standards of East Blue Gentian Road which is being performed by the Minnesota Department of Transportation (MnDOT) in conjunction with a cooperative cost participation agreement with the City of ZLgan. -Encto page/ is pecia #82-5 —wh-1-ch —w—1—cwas reviewed by the Special Assessment Committee on June 14, 1982, and adopted by Council action on July 6, 1982. The realignment of East Blue Gentian Road is being performed under Cost Participation Agreement #61824 which requires the City of Eagan to financially contribute to a portion of East Blue Gentian Road. Enclosed on pages and /1 is a copy of the preliminary assess- ment role delineating the amount of the assessment for streets and related storm sewer along with the map referencing the improve- ments to be performed under this project. The objections of these three property owners relate to the City's proposed assessments for the upgrading of Blue Gentian Road with related storm sewer. Minnnesota Statute, Section 429.051 allows the City to assess for the benefits received from public improve- ments if the following criteria are met: 1. There is a cooperative agreement with another political entity (MnDOT Cost Participation Agreement #61824). 2. All public hearing and other public improvement require- ments of Chapter 429 (Special Assessments) are followed ° (Project 349). 3. The portion of the costs to be assessed is either paid by the City or funded through a county state -aid highway fund, municipal state -aid street fund or a trunk highway fund (Trunk Highway Improvement 494-393). Blue Gentian Road is being upgraded to present day City standards and no previous assessments have been levied against these proper- ties for public road improvements. B. PROJECT 349, EAST BLUE GENTIAN (continued) STAFF RECOMMENDATION With the existence of Special Assessment fact that the referenced properties will completion of the proposed improvements, it that the assessments as proposed under properties remain as proposed. COMMITTEE RECOMMENDATIONS/COMMENTS 0 SAC 7/30/84 Policy #82-5 and the be benefited by the is staff recommendation Project 349 for these 9 • O �} r CLEAR B GRUB 0.46 ACRE • O I I O 1s 1 0 I I. CLEAR B GRUH 6 TREES 0 � '1 H. �9 A E p30 � j � o�6 e• CL GRUB aon�� &V4 dot E.� REM E 1j TI Q \ ( I 79,000 -- 1 F� -Ot 14 O / - NE\ E. Li 206A\. CLEAR& GRUB 8.14 ACRES - ��O P PH / GEH •�% 206A 206A I .—T. E. 0 0 Io I `�>`„ vi: t��.w.t`..��'� �� =tom �,'..-•+�.. _ �. 6Y' ..._: ". '...-. _ 9 w� � co -i6 3 o O l A IL r y C+r I� 'iCL7[iy ,cp�. /U -533y0 ; 6a �/^ J March 12, 1984 Mayor Bea Blomquist Eagan City Hall 3795 Pilot Knob Road Eagan, MN 55122 Dear Mayor: We are writing to you in regard to assessments to be levied in connection with Public Improvement Project 11349. At the Public Hearing held February 21, 1984, we were informed that we would be assessed for curbs and gutters in the approximate amount of $6,000. The purpose of this letter is to (1) object to the assessment in and of itself; and (2) object to the amount as excessive for "benefits" to be received. We have lived at our current address since January, 1970. Our road, O'Neill Drive, was considered a private road by the City. Collectively, we homeowners kept it graded, had it plowed, etc., over the years; the City expended nothing for its upkeep. It has no curbs nor gutters, yet this has caused no problems. Beginning in 1979 and through 1982, we had several meetings with the State of Minnesota, Department of Transportation, regarding Interstate 494 and our access. Several proposals were considered prior to the final one — that of abolishing O'Neill Drive and replacing it with a rerouted Blue Gentian Road. In all our meetings with the State (of which the City was notified) there was agreemen etween the rerouted —Blue nn a start of our property was considered State property. As such we would not be Tiab3e-fo-� assessment NOR would we be en it _ - -wav pavments or purchase o.a portion of our property. This did, and does, seem ai and easona e. a s ms reasonable that since we don't own this property, we don't "benefit" from any improvements to it. Further, we have lived perfectly well without these improvements for 14 years and should be able to continue to do so. This assumption must be valid as similar improvements are not being added to the other portions of Blue Gentian Road. It would seem that if the City, for whatever reason, desires these improvements and wishes to make them at this time, it should pay for them, or work out a settlement with the owner of the property -- the State of Minnesota. The Council's suggestion that we petition to become owners of the piece_of land between our property and Blue Gentian Road in order to recoup the amount of the assessment is not /Z -2 - acceptable. We neither want -- or need — the additional property for a price tag of $6,000. I hope that this letter serves its purpose -- that of alleviating this assessment. If we can provide you, or the Council, with any additional information, please let us know. We hope to hear from you soon regarding a decision in this matter. Sincerely, Frances J. 0'ei(ll Michael E. Terry 820 O'Neill Drive Eagan, MN 55121 /u - s - 1."i-o10•a/ cc: Eagan City Council 13 c C�ssQss vYl.t.� T �n�/ ae- �'�., i�07 f�aad yi�<{ LZ/pl r -1 'r I--?, W- 7-u- / �-t, G/ 7 R s 1c - %. r -z, ,97,d h� 'r/c/ tis. Lug who/ b -z- i9rsesT n y lm t9paK4 iv -e,,(-77-2 b -e, cause / es /7a T 1041— Oc/ P r2rC10-z,,7;.,-v (/� T `-J, a.S 7- 6 id a-%) T�-t ;7 �G c, �� v � /�e C'o nj e Cc- /a,� a .r o/ /)ss,v-s use. f �Jr No b�h�.r �v us �Ous4. b c•- rd rte., .��. al a v-e,•� '�a � � • ° ° �'lir�t�r-ertoup/t l� . /9 1i al Oy 6/S'- We s pe C- Ti q ke.or7 -e-r4 � cSo � m,a� �c� 10-,53x79 -61A-Oa C POLICY # -82-5 STREET ASSESSMENT - STATE AND C=M ROAD,CONSTRUCTION SUBJECT: Determination of zoning equivalent street assessments for property adjacent to State and/or County -funded roadway construction. POLICY: Properties adjacent to roadway improvements that incorporate cost participation by the City in ocabination with Federal, State and/or County funds should be assessed an amount equal to the benefit received as determined by the predetermined equivalent front foot assessment rate for the appropriate zoning classification of the benefited property irregardless of the ratio of financial contribution by any outside funding source involved. OBJECTIVE: To insure that all property located within the City of Fagan ultimately pays its fair share for benefit received from new and/or upgraded roadway inprovements adjacent to that proper- ty. JUSTIFICATION: Due to the fact that there are different levels of service C;• and classifications for streets within the City of Eagan, there are respective different construction costs associated with providing street thoroughfares to their different con- struction design criteria standards. Therefore, it is felt that a specific property should not have to be responsible for any oversizing costs above and beyond that which wnuld normally be required to service that specific zoned parcel of land to current City standards. All oversizing costs are then absorbed and became the responsibility of the City's Major Street Construction Fund. Because the City's Major Street Construction Fund has several sources of revenue (i.e. MSAS funds, major road mill levy, road unit charge surcharge, grants, etc.), it is determined that an unequal advantage would be realized by a specific parcel of land whose adjacent street could potentially qualify for some specific outside fading source. Therefore, because the benefit received fran the improved roadway remains the same irregardless of the source of funds, the assessment should be based on the bene- fit received as determined by the annual zoning classifica- tion equivalent rate and should not take into consideration any financial contribution towards the construction from an outside source and/or agency. Reviewed and acted upon by: CITY C=;CIL: SPECIAL ASSESSMENT CCr.TIITTEE: Approved 7 -(P -SX Date X Approved 6-14-82 Date Denied Date _ Denied Date /S The Robert O'Neill Homestead 022-00 SUMMARY 42,973 58,814 085-00 PRELIMINARY ASSESSMENT ROLL 58,873 087-00 PROJECT NO. 349 66,015 90,350 088-00 Lateral 3,745 Total Parcel Storm Sewer Street Assessment Nuh Section 1 Auditors Subdivision No. 31 • 030-01 523 767 $ 1,290 010-02 20,226 29,667 49,893 010-03 1,910 2,802 4,712 020-04 5,227 7,667 12,894 030-04 1,005 1,475 2,480 N11 - Section 2 010-01 7,065 19,166 26,231 010-27 30,302 82,199 112,501 O'Neill's First Addition Lot 1, Block 1 2,613 3,834 6,447 4-Fmmc" o'Ne c Lot 2, Block 1 2,513 3,686 •6,199 Lot 3, Block 1 2,414 3,538 5,952 a- mAFLY OWEILL The Robert O'Neill Homestead 022-00 15,841 42,973 58,814 085-00 15,857 43,016 58,873 087-00 24,335 66,015 90,350 088-00 2,554 3,745 6,299< -KEN Seom,or TOTAL $132,385 $310,550 $442,935 E -9106b Page 10. 16 II II 1� I 11 1 � j1 11 'NE L FIRST A DITION , A 2 1 O00-00 ROBERT O'NEILL HOMESTEAD / LEGEND STORM SEWER ASSESSMENT (RATE / F F.) STREET ASSESSMENT (RATE IF.F.) 020-0A 030.00 AUDITORS SUBD. "0.31 EAST BLUE GENTIAN ROAD STORM SEWER AND STREET IMPROVEMENTS PROJECT NO.349 EAGAN, MINNESOTA 010-02 030-01 MRSTM KSM AW MA i ASW, Rib. MORTN o w0 2oa �SCAL MRSTM KSM AW MA i ASW, Rib. 3-0 B. PROJECT 349, WEST BLUE GENTIAN ROAD - ASSESSMENT OBJECTION 4. Howard Stacker (Parcel No. 10-00200-010-27, & 01 BACKGROUND INFORMATION Project 349 provides for the upgrading of West Blue Gentian Road to present day City commercial standards with related storm sewer. Enclosed on pages a p and [_ is a letter from Mr. Howard Stacker representing the interests of RES Investment Company and 494 Investment Company both of which are general partnerships and owners of the property adjacent to this proposed improvement. Enclosed on page ,%2 is a map that references the individual parcels owned by 494 or RES Investment and their relationship to the relocated West Blue Gentian Road. Also enclosed on page .7,3 is the preliminary assessment role for Project 349 which refer- ences those parcels expressing concerns. Project 349 references the relocation of West Blue Gentian Road being performed by MN DOT through a City/State Cost Participation Agreement No. 61824. West Blue Gentian Road is being realigned and relocated due to the inter- change of I-494 with T.H. 149 (Old Dodd Road). Due to the fact that there is a Cost Participation AgrPPmant hPt een --t_o,_�aty and the State which requires the City to participate in the con- struction of this relocation of West Blue Gentian Road, the City has initiated a public improvement project to assess the adjacent properties for the benefit received from this new road construc- tion. The petitioners are objecting to the City proposing to access 100% of the cost associate r—improve- ment. !Ti early 1981, the City and State had several meetings with the property owners to try and determine a proper relocation alignment for West Blue Gentian Road. During this same period of time, the property owners processed a grading/excavation permit through the City of Eagan to dispose of the excess material generated by the I -494/35E interchange project: The determination of the location of West Blue Gentian Road was OM -n ial tl the placement of this excavated materialin a contro 1e -1c manner. In additiject and the upgrading of T.H. 55, a storm sewer ponding easement had to be acquired for O'Neill's Rond (F - Subsequently, the agreement referenced on pages o?through 21. was executed by Representatives of MN DOT and the Investment Companies in November of 1982. During the negotiations for the conditions of this agreement, Special Assess- ment Policy No. 82-5 enclosed on page_ was processed and approved by the City in June/July of 1982. Paragraph number 2 of the agreement makes reference—to—this special assessment obligation _of the adjacent property _ whichdif- fers from Special Assessment Policy No. 82-5. This is the basis I/ —from—which—the—property—owners are presenting their objections for consideration by the Committee. STAFF RECOMMENDATION Due to the fact that since 1981, the staff has been directly involved with the owners of the property in the negotiations for the acquisition of ponding easements, utility line easements and road right-of-way for street and trunk highway/interstate construc- tion, the staff would support the petitioners request that their assessment be associated with only the cost incurred by the City to construct West Blue Gentian Road to the pr a design standards over and above what was pro osed to be constructed by MN DOT as a part of the interst r 2 is would be a deviation from Special Assessment Policy No. 82-5, it is based on consideration for the cost that would have been necessary for the acquisition of easements and rights -of- way through a negotiat- ed agreement which was initiated prior to the adoption of Special Assessment Policy No. 82-5. COMMITTEE RECOMMENDATIONS/COMMENTS /9 STACKER & RAVICH RALPH STACKER ATTORNEYS AT LAW STANLEY V. SHANEOLING PAUL H. RAVICH 900 FIRST BANK PLACE WEST RALPH S. SCHNEIDER HOWARD G. STACKER MINNEAPOLIS, MINNESOTA 55402 JOEL C. MAURER TELEPHONE 16121 349-4500 ROBERT J. TANSEY. JR. STEVEN M. RUBIN TELECOPIER 16121 332-4377 GLENN R. AYRES JANN L. OLSTEN WRITER'S DIRECT DIAL NO. WILLIAM E DORIGAN DAVID L. BLACK LYMAN P.O.JOHNSON 349-4502 DAVID E. KIRKMAN DAVID E. OSLUND MARY BETH BRODY NANCY F. FOWLER February 17, 1984 MARY E. STUMO SHARON D. NELSON DAVID L, HASHMALL TIMOTHY J. OLIVER EILEEN M. ROBERTS NANCY S. BENDER-KELNER TIMOTHY P. MCCARTHY JOSEPH L. DUNN Mayor Bea Blomquist City Council Members City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 SAINT PAUL OFFICE 870 NORTHERN FEDERAL BUILDING SAINT PAUL, MINNESOTA 55102 TELEPHONE 16121293-9103 STUART RADSOM 11923-19821 MAX A. STACKER 11900-1971) OF COUNSEL FRED SILVERSTEIN RE: Public Improvement Project No. 349 -qs�—s'�rAizs Our File No. 1320-39 Dear Mayor Blomquist and City Council Members: I am one of the attorneys for RES Investment Company, a Minnesota general partnership ("RES") and 494 Investment Company, a Minnesota general partnership ("49411) in connection with its land holdings and development activities in the City of Eagan. Accordingly, I have received and reviewed a copy of the Report on Blue Gentian Road Storm Sewer & Street Improvements Project No. 349 for Eagan, Minnesota, 1983 (the "Project") prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., which will be considered by the Eagan City Council at its public hearing on February 21, 1984.- Additionally, 984. Additionally, I have received and reviewed a copy of Special Assessment Policy #82-5, which was adopted and approved by the City of Eagan in June/July, 1982. It is the understanding of the principals of RES and 494 as follows: The upgrading of Blue Gentian Road will be performed cooperatively between the City of Eagan and MnDOT through a cost participation agreement; it is important that the City of Eagan approve the cost participation agreement between the City of Eagan and MnDOT at the meeting on February 21, 1984 in order to meet MnDOT's time schedule 20 for proceeding with the construction of the Project; and any delay in approving the cost participation agreement will result in a delay in the initiation of the Project. One purpose of this letter is to document the support by RES and 494 of the Project, and respectfully request the City Council of Eagan to approve the Project in a manner consistent with the time schedule of MnDOT and the City of Eagan. However, the other purpose of this letter is to document the disagreement by RES and 494 of being assessed for the costs incident to the Project in accordance with Special Assessment Policy #82-5. Consistent with that disagreement, we respectfully request that the matter of the special assessment determination be referred to the Special Assessment Committee of the City of Eagan for review during the spring of 1984, with that Committee's recommendation to be forwarded to the City Council of Eagan for formal consideration at the earliest appropriate time. The reasons for said disagreement are numerous and involve details and explanations beyond the scope of this letter. However, briefly stated, and not meant to be all encompassing, the thrust is that RES and 494, in conjunction with certain responsible officials of the City of Eagan, MnDOT, Department of Natural Resources, and Johnson Bros. Corporation, as the case may be, made application for, and were granted a number of permits, and entered into certain oral and written agreements. That activity involved by way of example, and not by way of limitation, an agreement involving dedication of a ponding easement within the area known as FP -1 in favor of the City of Eagan; exchanges of property between RES, 494 and MnDOT; and determination of location, quality and cost sharing relating to relocated Blue Gentian Road. The verbal agreements as to the various matters relating to relocated Blue Gentian Road predated Special Assessment Policy No. 82-5 and were ultimately incorporated in an Agreement, dated November 30, 1982, between MnDOT, RES and 494. HGS/djs 2/ Respectfully submitted, Sb A3 4 N OP TN 0 100 200 LL� SC LEGEND 4 / STORM SEWER ASSESSMENT (RATE / F F ) r STREET ASSESSMENT (RATE /F. F) EAGAN, MINNESOTA BNKS1K losm mmm A "soc.w— SUMMARY PRELIMINARY ASSESSMENT ROLL PROJECT NO. 349 O'Neill's First Addition Lot - Lateral 1 Total Parcel Storm Sever Street Assessment NWk Section 1 2,513 3,686 6,199 Auditors Subdivision No. 31 3, Block 1 2,414 - 030-01 523 767 $ 1,290 010-02 20,226 29,667 49,893 010-03 1,910 2,802 4,712 020-04 5,227 7,667 12,894 030-04 1,005 1,475 2,480 N - Section 2 010-01 7,065 19,166 26,231 F - o010-27 30,302 82,199 112,501 E O'Neill's First Addition Lot - 1, Block 1 2,613 3,834 6,447 Lot 2, Block 1 2,513 3,686 6,199 Lot 3, Block 1 2,414 3,538 5,952 The Robert O'Neill Homestead >022-00 15,841 42,973 085-00 15,857 43,016 087-00 24,335 66,015 088-00 2,554 3,745 TOTAL $132,385 $310,550 Page 10. E -9106b 023 58,814 E 58,873 E-- 90,350 E 6,299 $442,935 �.0 UE G�it�T/ moi✓ R S:.P. 1905 (494=392) SN" Quadrant 4948:49 THIS AGREEMENT, made and entered'into effective as of November �d 1982, by and among MINNESOTA DEPARTMENT OF TRANSPORTATION ("Mn/D01" INVESTMENT COMPANY, a Minnesota partnership ("RES") and 494 INVESTMENT COMPANY, a Minnesota partnership ("494"). RECITATIONS: FIRST: Mn/DOT is in the process of final design and preliminary construction pertaining to segments of I 494, I 35E and T.H. 149 through the City of Eagan, Minnesota. SECOND: As part of the construction, it will be necessary for Mn/DOT to relocate and reconstruct Blue Gentian Road on property owned by RES and 494; construct a drainage conduit from a pond designated by the City of Eagan as FP -1 (the "FP -1 Pond") in a northwesterly direction through property owned by 494; and reconstruct a portion of T.H. 149 on property owned by RES. THIRD: RES and 494 desire to previously purchased in connection and/or the construction of I 494. acquire certain property which Mn/DOT has with the relocation of Blue Gentian Road AGREEMENT: Pursuant to the foregoing Recitations, and in consideration of the mutual covenants and agreements hereinafter contained, and intending to be bound legally thereby, it is agreed as folllows: 1. RES and 494, consistent with their respective ownership interests therein, will dedicate lands, at no cost to Mn/DOT, for a street right-of-way, eighty feet (801) in width, containing five and one-half (5.50) acres, more or less, for the relocation of Blue Gentian Road at the location shown on Exhibit "A", attached hereto and made a part hereof, which location is color - coded in brown (the "relocated road land"). The exact legal description of the relocated road land will be determined by a survey, which survey will be prepared in an expeditious manner by, and at the expense -of, Mn/DOT. The dedication by RES and 494 of the relocated road land will be in exchange and in consideration for, in part, the lands to be conveyed to RES and 494 by Mn/DOT a's contemplated by this Agreement. 2. Mn/DOT will relocated road land. Mn/DOT is obligated that the responsibility of th thereof to RFS-49� construct a forty-four foot (441) wide road on the It is acknowledged and agreed by RES and 494 that to bear the cost of a thirty-two (321) wide road_ a an, wnic ea fano owners. e cost 3. 494 will convey to Mn/DOT, at no cost to Mn/DOT, an easement, forty feet (40') in width, to enable Mn/DOT to construct and maintain a drainage conduit from the FP -1 Pond in a northwesterly direction, containing eight tenths (0.80) of an acre, more or less, at the cross -hatched location shown on Exhibit "A", attached hereto, which location is color -coded in red (the lfdralnage easement land"). The exact legal description of the drainage ease- m^nt land will be determined by a survey, which survey will be prepared in ^n expeditious manner by, and at the expense of, Mn/DOT. The conveyance by 94 of the drainage easement land will be in exchange and in consideration for, the lands to be conveyed to 494 by Mn/DOT as contemplated by this Agreement The easement to which the drainage easement land is subject will provide, In Addition to other pertinent provisions, the following: (a) the drainage ",r11lnit and the construction thereof will be confined to the legally described , "A-f•rilent area; (b) the backfill shall be compacted to 95% modified proctor " "14; (c) upon completion, Mn/DOT shall provide to 494 an "as -built" A LI^ri Arid section; (d) Mn/DOT will be responsible for the operation and '^^Iril.onance of the drainage conduit, acid will be responsible for any required ','(,Air and replacement; (e) the operation of the drainage conduit will not "ftliril5h the aesthetics of the FP -1 Pond; and (f) the property owner or �'"'"'r''•. successors and assigns, will be entitled to use the drainage easement for surface parking, vehicular traffic, and compatible landscaping, Inconsistent with the use of said easement by Mn/DOT. a4 Y �.0 UE G�it�T/ moi✓ R S:.P. 1905 (494=392) SN" Quadrant 4948:49 THIS AGREEMENT, made and entered'into effective as of November �d 1982, by and among MINNESOTA DEPARTMENT OF TRANSPORTATION ("Mn/D01" INVESTMENT COMPANY, a Minnesota partnership ("RES") and 494 INVESTMENT COMPANY, a Minnesota partnership ("494"). RECITATIONS: FIRST: Mn/DOT is in the process of final design and preliminary construction pertaining to segments of I 494, I 35E and T.H. 149 through the City of Eagan, Minnesota. SECOND: As part of the construction, it will be necessary for Mn/DOT to relocate and reconstruct Blue Gentian Road on property owned by RES and 494; construct a drainage conduit from a pond designated by the City of Eagan as FP -1 (the "FP -1 Pond") in a northwesterly direction through property owned by 494; and reconstruct a portion of T.H. 149 on property owned by RES. THIRD: RES and 494 desire to previously purchased in connection and/or the construction of I 494. acquire certain property which Mn/DOT has with the relocation of Blue Gentian Road AGREEMENT: Pursuant to the foregoing Recitations, and in consideration of the mutual covenants and agreements hereinafter contained, and intending to be bound legally thereby, it is agreed as folllows: 1. RES and 494, consistent with their respective ownership interests therein, will dedicate lands, at no cost to Mn/DOT, for a street right-of-way, eighty feet (801) in width, containing five and one-half (5.50) acres, more or less, for the relocation of Blue Gentian Road at the location shown on Exhibit "A", attached hereto and made a part hereof, which location is color - coded in brown (the "relocated road land"). The exact legal description of the relocated road land will be determined by a survey, which survey will be prepared in an expeditious manner by, and at the expense -of, Mn/DOT. The dedication by RES and 494 of the relocated road land will be in exchange and in consideration for, in part, the lands to be conveyed to RES and 494 by Mn/DOT a's contemplated by this Agreement. 2. Mn/DOT will relocated road land. Mn/DOT is obligated that the responsibility of th thereof to RFS-49� construct a forty-four foot (441) wide road on the It is acknowledged and agreed by RES and 494 that to bear the cost of a thirty-two (321) wide road_ a an, wnic ea fano owners. e cost 3. 494 will convey to Mn/DOT, at no cost to Mn/DOT, an easement, forty feet (40') in width, to enable Mn/DOT to construct and maintain a drainage conduit from the FP -1 Pond in a northwesterly direction, containing eight tenths (0.80) of an acre, more or less, at the cross -hatched location shown on Exhibit "A", attached hereto, which location is color -coded in red (the lfdralnage easement land"). The exact legal description of the drainage ease- m^nt land will be determined by a survey, which survey will be prepared in ^n expeditious manner by, and at the expense of, Mn/DOT. The conveyance by 94 of the drainage easement land will be in exchange and in consideration for, the lands to be conveyed to 494 by Mn/DOT as contemplated by this Agreement The easement to which the drainage easement land is subject will provide, In Addition to other pertinent provisions, the following: (a) the drainage ",r11lnit and the construction thereof will be confined to the legally described , "A-f•rilent area; (b) the backfill shall be compacted to 95% modified proctor " "14; (c) upon completion, Mn/DOT shall provide to 494 an "as -built" A LI^ri Arid section; (d) Mn/DOT will be responsible for the operation and '^^Iril.onance of the drainage conduit, acid will be responsible for any required ','(,Air and replacement; (e) the operation of the drainage conduit will not "ftliril5h the aesthetics of the FP -1 Pond; and (f) the property owner or �'"'"'r''•. successors and assigns, will be entitled to use the drainage easement for surface parking, vehicular traffic, and compatible landscaping, Inconsistent with the use of said easement by Mn/DOT. a4 > > A G R E E M E N T �.0 UE G�it�T/ moi✓ R S:.P. 1905 (494=392) SN" Quadrant 4948:49 THIS AGREEMENT, made and entered'into effective as of November �d 1982, by and among MINNESOTA DEPARTMENT OF TRANSPORTATION ("Mn/D01" INVESTMENT COMPANY, a Minnesota partnership ("RES") and 494 INVESTMENT COMPANY, a Minnesota partnership ("494"). RECITATIONS: FIRST: Mn/DOT is in the process of final design and preliminary construction pertaining to segments of I 494, I 35E and T.H. 149 through the City of Eagan, Minnesota. SECOND: As part of the construction, it will be necessary for Mn/DOT to relocate and reconstruct Blue Gentian Road on property owned by RES and 494; construct a drainage conduit from a pond designated by the City of Eagan as FP -1 (the "FP -1 Pond") in a northwesterly direction through property owned by 494; and reconstruct a portion of T.H. 149 on property owned by RES. THIRD: RES and 494 desire to previously purchased in connection and/or the construction of I 494. acquire certain property which Mn/DOT has with the relocation of Blue Gentian Road AGREEMENT: Pursuant to the foregoing Recitations, and in consideration of the mutual covenants and agreements hereinafter contained, and intending to be bound legally thereby, it is agreed as folllows: 1. RES and 494, consistent with their respective ownership interests therein, will dedicate lands, at no cost to Mn/DOT, for a street right-of-way, eighty feet (801) in width, containing five and one-half (5.50) acres, more or less, for the relocation of Blue Gentian Road at the location shown on Exhibit "A", attached hereto and made a part hereof, which location is color - coded in brown (the "relocated road land"). The exact legal description of the relocated road land will be determined by a survey, which survey will be prepared in an expeditious manner by, and at the expense -of, Mn/DOT. The dedication by RES and 494 of the relocated road land will be in exchange and in consideration for, in part, the lands to be conveyed to RES and 494 by Mn/DOT a's contemplated by this Agreement. 2. Mn/DOT will relocated road land. Mn/DOT is obligated that the responsibility of th thereof to RFS-49� construct a forty-four foot (441) wide road on the It is acknowledged and agreed by RES and 494 that to bear the cost of a thirty-two (321) wide road_ a an, wnic ea fano owners. e cost 3. 494 will convey to Mn/DOT, at no cost to Mn/DOT, an easement, forty feet (40') in width, to enable Mn/DOT to construct and maintain a drainage conduit from the FP -1 Pond in a northwesterly direction, containing eight tenths (0.80) of an acre, more or less, at the cross -hatched location shown on Exhibit "A", attached hereto, which location is color -coded in red (the lfdralnage easement land"). The exact legal description of the drainage ease- m^nt land will be determined by a survey, which survey will be prepared in ^n expeditious manner by, and at the expense of, Mn/DOT. The conveyance by 94 of the drainage easement land will be in exchange and in consideration for, the lands to be conveyed to 494 by Mn/DOT as contemplated by this Agreement The easement to which the drainage easement land is subject will provide, In Addition to other pertinent provisions, the following: (a) the drainage ",r11lnit and the construction thereof will be confined to the legally described , "A-f•rilent area; (b) the backfill shall be compacted to 95% modified proctor " "14; (c) upon completion, Mn/DOT shall provide to 494 an "as -built" A LI^ri Arid section; (d) Mn/DOT will be responsible for the operation and '^^Iril.onance of the drainage conduit, acid will be responsible for any required ','(,Air and replacement; (e) the operation of the drainage conduit will not "ftliril5h the aesthetics of the FP -1 Pond; and (f) the property owner or �'"'"'r''•. successors and assigns, will be entitled to use the drainage easement for surface parking, vehicular traffic, and compatible landscaping, Inconsistent with the use of said easement by Mn/DOT. a4 i 4. RES will convey to Mn/DOT fee title. at no cost to Mn/DOT, to certain land contiguous to T.H. 149, containing two and thirty nine hundredths (2.39) acres, more or less, and a temporary easement (T.E.) at no cost to Mn/DOT, containing eleven hundredths (0.11) acres, more or less, said temporary easement shall expire 12-1-86,*at the location shown on Exhibit "A", attached hereto, which location is color -coded in red (the "T.H. TTT-T-a-nTrrF The exact -legal description of the T.H. 149 land will be determined by a survey, which survey will be prepared in an expeditious manner by, and at the expense of, Mn/DOT. The conveyance by RES of the T.H. 149 land will be in exchange and in consideration, in part, for lands to be conveyed to RES by Mn/DOT as contemplated by this Agreement. 5. RES and 494 will convey to Mn/DOT, at no cost to Mn/DOT, the right of access from abutting lands owned by RES and 494 respectively. at the locations shown on Exhibit "A", attached hereto. The conveyarice; of the rights of access are in exc ang�d-in consideration for, in part, the lands to be conveyed to RES and 494 by Mn/DOT as contemplated by this Agreement. 6. Mn/DOT will construct, at no cost to RES, the following frontage roads: (a) from the entrance to the Imre Addition on T.H. 149, access to the most southerly parcel of land owned by RES as shown on Exhibit "A", attached hereto; and (b) from the entrance to the Imre Addition at . 149, access to the RES parcel of land immediately north of the Imre Addition as shown on Exhibit "A", attached hereto. Such access roads will be constructed according to Mn D specifications for frontage roads. The respective locations of the frontage roads are tentatively set forth at the cross -hatched locations color -coded in black on Exhibit "A", attached hereto. 7. Mn/DOT will convey separatelyy in fee title to RES and 494, respective]; in accordance with State Statute 8 161.44,.and at no additional cost to RES' or 494, to each that certain land contiguous to the land currently owned by each, containing four and three tenths (4.30) acres, more or less, in total, at the locations shown on Exhibit "A", attached hereto, which locations are color -coded in yellow (the exc� ess Tnd"). That portion of the excess land which is cross -hatched in yellow on Exhibit "A", attached hereto, containing one and sixteen hundredths (1.16) acres�l-6e subject to a scenic easement in favor of Mn/DOT (the "scenic easement land"). The exact legal description of the.excess land and the scenic easement land will be determined by a survey. which survey will be prepared in an expeditious manner by, and at the expense of Mn/,DOT. The conveyance by Mn/DOT of the excess land will be in exchange and in consideration for, in part,.the lands to be conveyed to Mn/DOT by RES and 494 as contemplated by this Agreement. 8. Mn/DOT. RES and 494 contemplate that the deeds to be exchanged pursuant to this Agreement will be exchanged in accordance with the provisions of this Agreement within ninety (90) days after the date of this Agreement, time being of -the essence. 9. If RES and/or 494 request or petition for the vacation of existing Blue Gentian Road, at the location shown on Exhibit "A',' attached hereto. which location is color -coded in gold (the "vacate ro_a land"), Mn/DOT will not object to such request and/or petition for vacation. The exact legal description of the vacated road land will be determined by a survey, which survey will be prepared in an expeditious manner by, and at the expense of Mn/DOT. 10. RES and 494 hereby grant to Mn/DOT, its agents and contractors,the right to enter upon the relocated road land, the drainage easement land and the T.H. 149 land for the purpose of construction activities and activities reason- ably rel-ated thereto. Said right of entry will commence upon execution of this Agreement by the parties hereto to the extent not previously granted. *or sooner as notified by MnDOT - 2 - -1-1: RES and 494 each release Ion/DOT from any and all condemnation damages of any kir;., nature or description, to which RES or 494 ,could be entitled arising out of the transactions provided for in this Agreement. The parties hereto have caused this Agreement to be appropriately executed effective as of the date and year first above written. MINNESOTA DEPARTMENT OF TRANSPORTATION 1. By irecrorRight o ay Operation DATE vk,�— :,3 .-li� 0:1-, BY ommissioner ofranscion DATE //. 30 — ?;L P1 u strict tngineer DAT 1proved as to From and Execution: J. Moosbrugger Nssistant Attorney General Jate � zg f - 3 - RES INVESTMENT COMPANY BY 0 o b ins DATE IIZZ-? ? Howard G. Stacker DATE 494 INVESTMENT COMPANY M. Rodney � rreT 6,1 0 C POLICY ## 82-5 STREET ASSESSMFiViT - STATE AND COUNTY ROAD CONSTRUCTION SUBJTCI': Determination of zoning equivalent street assessments for property adjacent to State and/or County -funded roadway construction. POLICY: Properties adjacent to roadway improvements that incorporate cost participation by the City in ccanbination with Federal, State and/or County funds should be assessed an amount equal to the benefit received as determined by the predetermined equivalent front foot assessment rate for the appropriate zoning classification of the benefited property irregardless of the ratio of financial contribution by any outside funding source involved. OBJECTIVE: To insure that all property located within the City of Fagan ultimately pays its fair share for benefit received from new and/or upgraded roadway improvements adjacent to that proper- ty. CJUSTIFICATION: Due to the fact that there are different levels of service ;.. and classifications for streets within the City of Eagan, there are respective different construction costs associated with providing street thoroughfares to their different con- struction design criteria standards. Therefore, it is felt that a specific property should not have to be responsible for any oversizing costs above and beyond that which would normally be required to service that specific zoned parcel of land to current City standards. All oversizing costs are then absorbed and become the responsibility of the City's Major Street Construction Fund. Because the City's Major Street Construction Fund has several sources of revenue (i.e. MSAS funds, major road mill levy, road unit charge surcharge, grants, etc.), it is determined that an ungual advantage would be realized by a specific parcel of land whose adjacent street could potentially qualify for some specific outside funding source. Therefore, because the benefit received from the improved roadway remains the same irregardless of the source of funds, the assessment should be based on the bene- fit received as determined by the annual zoning classifica- tion equivalent rate and should not take into consideration any financial contribution towards the construction from an outside source and/or agency. Reviewed and acted upon by: CITY 0XNCIL: SPECIAL ASSFSSMENrr CCt?tr=: Approved 7-6-6x Date X Approved 6-14-82 Date Denied Date Denied Date oC 7 SAC 7/30/84 C. PROJECT 372, I -35E UTILITIES & STREETS - ASSESSMENT OBJECTIONS Francis C INFORMATION 1 No. 10-02100-010-50 The two property owners referenced above share the same concern pertaining to the assessments associated with Project 372 for the installation of utilities and street improvements along Deerwood Drive as a part of the I -35E freeway construction. 'These utility and, stree i� mp=ovemern s are ueing perrormed in conjunction with a Cost Participation Agreement No. 16932 between MN DOT and the City of Eagan. Enclosed on pages 031 and 116 are the letters staff received from Mr. Franz (No. 010-50) and Mrs. Heuer (No. 010-78) requesting consideration by the Special Assessment Commit- tee pertaining to their proposed assessments under Project 372. Enclosed on page -AA / is the preliminary assessment role associat- ed with Project 372 which identifies the various types of assess- ments associated with each parcel. The improvements being provided to the Francis Franz property (010-50) include lateral benefit from trunk watermain, trunk area and lateral storm sewer, street, sidewalk and bituminous trail -way construction. The location of these proposed utilities in relation- ship to Mr.ranz parcel (010-50) are identified on pages !!K Z through for watermain, storm sewer lateral, trunk storms sewer and street with sidewalk and/or trail improvements. Enclosed on pages 4 6 through fQ are the computations that were used to determine the assessment obligation of Mr. Franz's parcel for each of the improvements respectively. Mrs. Heuer's parcel (010-78) is proposed to be assessed for street and sidewalk improvements only. Enclosed on page X1 is the map showing the relationship of Mrs. Heuer's property to the Deerwood Drive proposed improvements. Enclosed on pages ,S 2 - and and 5%3 is the computa°:ions used to determine the assessment obligation of this property. Based on previous conversations held with the affected property owners, it is staffs understanding that the basis for the petitioners objection relate to the street and sidewalk improve- ments- i the upgrading of Deerwoo Drive These improvements are being performed by MN DOTynder Cost Participation Agreement No. 61824. Enclosed on page f 7'is Special Assessment Policy No. 82-5 which addresses the issue pertaining to assessments associated with street improvements funded through Cost Participa- tion Agreements. STAFF RECOMMENDATION Utility modifications and improvements being performed along Deer - wood Drive provide direct benefit to the property being served, Mr. Francis Franz (010-50). Subsequently, staff recommends that all 37 assessments associated with these utility improvements be reaffirm- ed as proposed under Project 372. In relationship to the common objection pertaining to assessments associated with the street improvements of Deerwood Drive, staff feels that Special Assessment Policy No. 82-5 is fair and equitable and that the assessments proposed under Project 372 to Mr. Franz and Mrs. Heuer should be reaffirmed as outlined in the feasibility report due to the fact that these properties receive the benefit associated with having Deerwood Drive upgraded to present day City standards for residential streets. COMMITTEE RECOMMENDATIONS/COMMENTS 3k Mr. Francis C. Franz 1620 Deerwood Drive Eagan, Minnesota 55122 March 2, 1984 Mr. Thomas L. Hedges City Administrator City of Eagan, Minnesota 3830 Pilot Knob Road Eagan, Minnesota 55122' Re: I -35E Utility Crossings and Street Improvements Project Number 372 Dear Mr. Hedges: This is a formal request for a meeting with the City Engineer to discuss the hereinabove referenced project as it more particularly relates to my property, and, subsequent to that meeting, to appear before the Assessment Committee to discuss matters relative to the pending assessments to be levied on my property as a result of said improvement project. Thank you for attending to this request. Sincerely, � �� e r� Mr. Francis C. Franz Parcel Number 10-02100-010-50 cc: Thomas A. Colbert City Engineer 2G Mrs. Anna S. Heuer 1530 Deerwood Drive Eagan, Minnesota 55122 March 2, 1984 Mr. Thomas L. Hedges City Administrator City of Eagan, Minnesota 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: I -35E Utility Crossings and Street Improvements Project Number 372 Dear Mr. Hedges: This is a formal request for a meeting with the City Engineer to discuss the hereinabove referenced project as it more particularly relates to my property, and, subsequent to that meeting, to appear before the Assessment Committee to discuss matters relative to the pending assessments to be levied on my property as a result of said improvement project. Thank you for attending to this request. Sincerely, q,'.t A a S Mrs. Anna S. Heuer Parcel Number 10-02100-010-78 CC: Thomas A. Colbert City Engineer PRELIMINARY ASSESSMENT ROLL PROJECT N0. 372 NW 1/4 SECTION 10 010-57 030-26 SW 1/4 SECTION 10 010-56 010-57 020-56 NE 1/4 SCTION 16 UnFar- 010-07 020-06 Bicentennial 6th Addn. Lot 1, Block -1 BE 1/4 SECTION 16 010-81 010-82 �SW 1/4 SECTION 16 010-50 Bl eckh ewdc Hills Addn. ` Outlot B Outlot C SE 1/4 SECTION 20. Oak rtdae Acres First Addn. Lot 5, Block 1 Hillandale Addition No. I Outlot C NW 1/4 SECTION 21 012-28 NE 1/4 SECTION 21 010-08 020-08 SW 1/4 SECTION 21 4F A� 010-50 011-51 SE 1/4 SECTION 21 EV67L 1. 010-78 NEI/4 SECTION 29 020-05 BITUMINOUS STREET SIDEWALK PATHWAY 1,555 77 $ 1,810 27,446 17,107 1,961 S 12,196 $ 65,987 $ 7,042 5, 544V. 8,994 y 2,81V 29,994 3,201 2,898 15,680 3,347 19,818 63,256 8,195 26,158 1,257 4,011 4,675 14,922 3,419 10,911 1,946 3,300 23,022 3,790 1,690 $2,450 18,505 10,284 1,690 TOTAL ...... $3,380 3554b TOTAL $ 941 21,264 64,081 1,555 77 29,256 17,109 1,961 85,225 -14,538 36,013 21,925 83,074 34,357 5,268 19,597 14,330 1,946 30,112 $' 2,228 75,157 4,947 1,072 7,971 861 $ 67,>31 IS, 50589,914 24,559 4,176 18,754 8,968 3,245 4,027 28,095 2,770 $1,810 $2,450 $216,925 $105,157 $411,060 $ 45,184 $ 11,107 6,019 4,832 202,575,E FRANC 18,754 12.2131t N°�- 34,892 $797,017 WATER MAIN SANITARY SEWER STORM SEWER Lateral Bene- Lateral Bene- Trunk Parcel fit from Trunk fit from Trunk Lateral Area lateral NB 1/4 SECTION ulU-RT-- $ 941 010-02 21,264 010-05 64,087 NW 1/4 SECTION 10 010-57 030-26 SW 1/4 SECTION 10 010-56 010-57 020-56 NE 1/4 SCTION 16 UnFar- 010-07 020-06 Bicentennial 6th Addn. Lot 1, Block -1 BE 1/4 SECTION 16 010-81 010-82 �SW 1/4 SECTION 16 010-50 Bl eckh ewdc Hills Addn. ` Outlot B Outlot C SE 1/4 SECTION 20. Oak rtdae Acres First Addn. Lot 5, Block 1 Hillandale Addition No. I Outlot C NW 1/4 SECTION 21 012-28 NE 1/4 SECTION 21 010-08 020-08 SW 1/4 SECTION 21 4F A� 010-50 011-51 SE 1/4 SECTION 21 EV67L 1. 010-78 NEI/4 SECTION 29 020-05 BITUMINOUS STREET SIDEWALK PATHWAY 1,555 77 $ 1,810 27,446 17,107 1,961 S 12,196 $ 65,987 $ 7,042 5, 544V. 8,994 y 2,81V 29,994 3,201 2,898 15,680 3,347 19,818 63,256 8,195 26,158 1,257 4,011 4,675 14,922 3,419 10,911 1,946 3,300 23,022 3,790 1,690 $2,450 18,505 10,284 1,690 TOTAL ...... $3,380 3554b TOTAL $ 941 21,264 64,081 1,555 77 29,256 17,109 1,961 85,225 -14,538 36,013 21,925 83,074 34,357 5,268 19,597 14,330 1,946 30,112 $' 2,228 75,157 4,947 1,072 7,971 861 $ 67,>31 IS, 50589,914 24,559 4,176 18,754 8,968 3,245 4,027 28,095 2,770 $1,810 $2,450 $216,925 $105,157 $411,060 $ 45,184 $ 11,107 6,019 4,832 202,575,E FRANC 18,754 12.2131t N°�- 34,892 $797,017 } 18-D.LP M -n SwM r.w 0 roozo6 Soo ' I I 35-E 0 DZERWOOD 9R1% WA n 91e -a 24" D.I. P I V LIRE 6 M.G 1 UTILITY CROSSINGS ASSESSMENTS FIGURE No -20 DRIVE WATERMAIN CROSSING EAGAN 9 14INNESOTA mo -u 49230 BONESTRIA mosm ANOEMA( • Asm m � �v 'ASSESSMENT LATERAL BENEFIT FROM TRUNK WATERMAIN 1 3 } 18-D.LP M -n SwM r.w 0 roozo6 Soo ' I I 35-E 0 DZERWOOD 9R1% WA n 91e -a 24" D.I. P I V LIRE 6 M.G 1 UTILITY CROSSINGS ASSESSMENTS FIGURE No -20 DRIVE WATERMAIN CROSSING EAGAN 9 14INNESOTA mo -u 49230 BONESTRIA mosm ANOEMA( • Asm m � �v J ASSESSMENT 17 F . LATERAL STORM I SEWER(RATE/F.F. TRAIL 24" 265' - FUTURE EXTENSIONS BY CITY �- £R 4,0 / 265 130' —12° \\` \ �Rt�.� /. y. / L265'-24" CONNECT TO EXISTING / 1 6 we too' i I35 -E UTILITY CROSSINGS ASSESSMENTS FIGURE No -25 DEERWOOD DRIVE STORM SEWER EAGAN, MINNESOTA 1 4 9 2 5 0 NONfSTIM WSEPdEt " A AWC, YIC Al -3 Imo. �r� � 'til � ` i• �- ! Proposed 1 I Assm't. Area .rIV IM/, 6 --- .... W ~ Proposed- cm- - Assm't. Area It I35 -E UTILITY CROSSINGS TRUNK AREA STORM SEWER FIGURE No. 24 EAGAN ., MUNNESOTA � "1 19 seoro �� c a s ac 4 a-%&^ I -35E UTILITY CROSSINGS ASSESSMENTS FIGURE No. 27 DEERWOOD DRIVE STREET,SIDEWALK & TRAIL IMPROVEMENTS 012.28 010-2a 1/4 SEC. 21 '-----' --. DrER*J D DR 010.50.:;:; \� FFA W op oR%�ll R 010-78 50' /t OI T^1 F. F. LAK R DGE A RE I -35E UTILITY CROSSINGS ASSESSMENTS FIGURE No. 27 DEERWOOD DRIVE STREET,SIDEWALK & TRAIL IMPROVEMENTS 012.28 010-2a 1/4 SEC. 21 '-----' --. DrER*J D DR 010.50.:;:; \� FFA W op oR%�ll R 010-78 APPENDIX A PRELIMINARY ASSESSMENT ROLL I-35 UTILITY CROSSINGS AND STREET IMPROVEMENT PROJECT NO. 372 I. WATER MAIN A) Lateral Benefit from Trunk (Deerwood Drive West End) Assessable Parcel Footage Rate/F.F. NW 1/4 Section 21 012-28 SW 1/4 Section 21 —� 010-50 100, $16.90 100, $16.90 Total II. SANITARY.SEWER A) Lateral Benefit from Trunk (Effress Addition Extension) Assessable Parcel Footage Rate/F.F. SW 1/4 Section 10 010-56 100, $18.10 B) Lateral (Deerwood Drive West End) NW 1/4 SECTION 21 012-28 Actual Cost Page 49. 3554b 46 Total Assessment $1,690 1,690 we $3,380 Total Assessment $1,810 $2,450 R. III. STORM SEWER A) Trunk Area Storm Sewer (Figure No. 11) Total Area Credit Assess. Area Assessment Total Parcel (Sq.ft.) (Sq.ft.) (Sq.ft.) Rate Assessment NE 1/4 SECTION 10 (1)$ 010-01 13,837 --- 13,837 $0.068/s f. 941 010-02 390,885 Street 20% 312,708 $0.068/s.f. 21,264 010-05 1,195,575 Pond 17,500 942,460 $0.068/s.f. 64,087 Street 20% NW 1/4 SECTION 10 010-57 22,863 -- 22,863 $0.068/s.f. 1,555 030-26 1,137 -- 1,137 $0.068/s.f. 77 SW 1/4 SECTION 10 010-56 1,037,194 Pond 274,800 Street 20% 010-57 375,200 Street 20% 020-56 43,568 SW 1/4 SECTION 21 X010-50 1,770,300 Street 20% 011-51 520,945 Street 20% (1) Commercial -Industrial Rate (2) Single Family Rate (3) Multi -Family Rate 609,915 $0.045/s.f.(2) 27,446 300,160 $0.057/s.f.(3) 17,109 43,568 $0.045/s.f. 1,961 1,416,240 $0.045/s.f. 416,756 $0.045/s.f. Page 50. 3554b y Y-/ 63,731 18,754 $216,925 .� B) Lateral Storm Sewer a) Deerwood Drive (West End) Parcel NW 1/4 SECTION 21 012-28 SW 1/4 SECTION 21 Assessable Footage 265' X010-50 265' 530' b) Federal Drive (West Frontage Road) NE 1/4 SECTION 16 010-04 1,320' 010-07 6001a� 020-06 j305` Bicentennial 6th Addition Lot 1, Block 1 313.67 SE 1/4 SECTION 16 010-81 2,145' 010-82 8871 SW 1/4 SECTION 16 010-50 136' Blackhawk Hills Addition Outlot B 506' Outlot C 370' C) Diffley Road (Co.Rd. No. 30) SE 1/4 SECTION 20 Hillandale Addition No. 1 Outlot C NE 1/4 SECTION 29 020-05 6,582.67 355.22 433.50 788.72 Total Rate/F.F. Assessment $69.83 $ 18,505 69.83 18,505 b $ 37,010 $ 9.24 $ 12,196 9.24 ,5,544•„ 9.24 '2,818' $ 9.24 $ 2,898 $ 9.24 $ 19,818 9.24 8,195 $ 9.24 $ 1,257 $ 9.24 $ 4,675 9.24 3,419 $ 60,820 $ 9.29 (1) $ 3,300 9.29 4,027 $ 7,327 (1) To determine assessment rate non -assessable footage was included: is (788.72 + 940.64 - 1729.36, Assessment Rate = $16,070/1729.36 = $9.29/F.F. is Page 51. 3554b Is �4,/ 1 IV. STREET A) DEERWOOD DRIVE a.) Street SE 1/4 SECTION 20 Oak Ridge Acres First Addition Lot 5, Block 1 NW 1/4 SECTION 21 Parcel 012-28 NE 1/4 SECTION 21 Parcel 010-08 Parcel 020-08 SW 1/4 SECTION 21 ;�o Parcel 010-50 SE 1/4 SECTION 21 Parcel 010-76 66 (1) $29.49(2) $ 1,946 348.70 $29.49 $ 10,284 167.72 $29.49 $ 4,947 134.67 29.49 3,971 3,048.92 $29.49 $ 89,914 vEz. 304.08 $29.49 $ 8,968 4,C70.19 $120,030 (1) Previous one-half of front footage was assessed as part of Project #277. It is, therefore, proposed to assess remaining one-half as part of this project. (2) Residential Equivalent Rate. Page 52. 3554b �9 b) Sidewalk Parcel SW 1/4 SECTION 21 010-50 s! SE 1/4 SECTION 21 y 010-76 ■ c) Trailway NW 1/4 SECTION 21 012-28 NE 1/4 SECTION 21 010-08 020-08 SW 1/4 SECTION 21 —X010-50 ■ 3554b M Assessable Total Footage- Rate/F.F. Assessment 2,395.38 $10.67 $ 24,559 304.08 10.67 3,245 2,699.46 $ 27,804 348.70 $ 6.39 $ 2,228 167.72 $ 6.39 $ 1,072 134.67 6.39 861 653.54 6.39 4,176 <- 1,304.63 $ 8,337 Page 53. 50 N I -35E UTILITY CROSSINGS ASSESSMENTS � I olo-is i FIGURE No.27 DEERWOOD DRIVE NW I/4 SEC. 21 Iy/ W STREET,SIDEWALK Rc a TRAIL IMPROVEMENTS 1 iAR 113EA 012-28 010-50 E 010 -z5 — -• ----- — '-- nc ERWO D DR — — — — — — F UrGRF 010 -so AFF R W Op OR��E /7 LEGEND: SWII/4 SEC -21 > OIOj50 /• STREET RES. EQUIV. (RATE/F.F.) CONC. SIDEWALK (RATE/F.F.) 7l BIT. TRAIL (RATE/F.Fj EXT77= ! 010-08 012-28 010-50 E 010 -z5 — -• ----- — '-- nc ERWO D DR — — — — — — F UrGRF 010 -so AFF R W Op OR��E /7 LEGEND: SWII/4 SEC -21 > OIOj50 /• STREET RES. EQUIV. (RATE/F.F.) CONC. SIDEWALK (RATE/F.F.) 7l BIT. TRAIL (RATE/F.Fj EXT77= ! 010-08 IV. STREET A) DEERWOOD DRIVE a.) Street SE 1/4 SECTION 20 Oak Ridge Acres First Addition Lot 5, Block 1 NW 1/4 SECTION 21 Parcel 012-28 NE 1/4 SECTION 21 Parcel 010-08 Parcel 020-08 SW 1/4 SECTION 21 Parcel 010-50 SE 1/4 SECTION_21 �—� Parcel 010-78 66(1) $29.49(2) $ 1,946 348.70 $29.49 $ 10,284 167.72 $29.49 $ 4,947 134.67 29.49 3,971 3,048.92 $29.49 $ 89,914 304.08 $29.49 $ 8,968 4,070.19 $120,030 (1) Previous one-half of front footage was assessed as part of Project #277. IsIt is, therefore, proposed to assess remaining one-half as part of this project. Is(2) Residential Equivalent Rate. 10 3554b 0 Page 52. �3-z b) Sidewalk Assessable Total Parcel Footage. Rate/F.F. Assessment SW 1/4 SECTION 21 010-50 2,395.38 $10.67 $ 24,559 SE 1/4 SECTION 21 `010-78 304.08 10.67 3,245 2,699.46 $ 27,804 c) Trailway NW 1/4 SECTION 21 012-28 348.70 $ 6.39 $ 2,228 NE 1/4 SECTION 21 010-08 167.72 $ 6.39 $ 1,072 020-08 134.67 6.39 861 SW 1/4 SECTION 21 010-50 653.54 6.39 4,176 1,304.63 $ 8,337 Page 53. 3554b �5'3 C. POLICY # 82-5 STREET ASSESSMENT - STATE AND CXXMM ROAD CCNSTRUC ICN SUBJECT: Determination of zoning equivalent street assessments for property adjacent to State and/or County -funded roadway construction. POLICY: Properties adjacent to roadway improvements that incorporate cost participation by the City in cm bination with Federal, State and/or County fundsshould be assessed an amount equal to the benefit received as determined by the predetermined equivalent front foot assessment rate for the appropriate zoning classification of the benefited property irregardless of the ratio of financial contribution by any outside funding source involved. OBJECTIVE: To insure that all property located within the City of Fagan ultimately pays its fair share for benefit received from new and/or upgraded roadway improvements adjacent to that proper- ty. JUSTIFICATION: Due to the fact that there are different levels of service C;• and classifications for streets within the City of Eagan, there are respective different construction costs associated with providing street thoroughfares to their different con- struction design criteria standards. Therefore, it is felt that a specific property should not have to be responsible for any oversizing costs above and beyond that which unuld normally be required to service that specific zoned parcel of land to current City standards. All oversizing costs are then absorbed and become the responsibility of the City's Major Street Construction Fund. Because the City's Major Street Construction Fund has several sources of revenue (i.e. MAS funds, major road mill levy, road unit charge surcharge, grants, etc.), it is determined that an unequal advantage would be realized by a specific parcel of land whose adjacent street could potentially qualify for some specific outside funding source. Therefore, because the benefit received from the improved roadway remains the same irregardless of the source of funds, the assessment should be based on the bene- fit received as determined by the annual zoning classifica- tion equivalent rate and should not take into consideration any financial contribution towards the construction from an outside source and/or agency. Reviewed and acted upon by: CITY COU CIL: SPECIAL ASSFSSM0,1T CCFt1ITTEE: X Approved 7-6-3x Date X Approved 6-14-82 Date Denied Date _ Denied Date Tku rve� A.V,- a. e&4'A -,U4 `1 P C� ,• ,c N �1 d 1 0 9 ��'•=ice` ,�� :-_w_ l L�-�i ��c 1�: �-) HAUGE. Swm, EIDE & $ELLER. P.A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 2005 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 55122 PAUL N. NAUDE Amu Coo[ 612 BRADLEY SMITH TELEpmONE 454.4224 KEVIN W. EIDE DAVID G. KELLER August 13, 1984 DAKOTA COUNTY TRIBUNE 1525 East Highway 1113 Burnsville, MN 55337 RE: Notice of Public Hearing Gentlemen: Assessment Enclosed please find copy/conies of a Notice of max/Hearing regarding assessment hearing notices Please publish the enclosed notice(s) for_I week(s) in your _ August 16, 1984 WN issue. After pub— lication, please submit your Affidavit of Publication to our office. Very truly yours, enc. cc: Tom Colbert Ann Goers NOTICE OF ASSESSMENT HEARING CITY OF EAGAN NOTICE IS HEREBY GIVEN, that the City Council of the City of Eagan, Dakota County, Minnesota, will meet at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on September 4, 1984 ' , at 7:00 p.m. to consider the proposed assessments: See attached The area proposed to be assessed is all property described above, all as more fully and particularly described in the assessment roll on file with the City Clerk in his office, which 'roll is open to public inspection. Written or oral objections by any property owner will be considered at the public hearing. A property owner may appeal an assessment to the District Court pursuant to the Minnesota Statutes, Section 429.081 by serving notice of appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the District Court within ten (10) days after service upon the Mayor or City Clerk. No such appeal as to the amount of any assessment may be made unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. Notice is further given that pursuant to Minnesota Statutes, Section 435.193 to 435.195, the City of Eagan has adopted City Code Section 2.75 relating to Senior Citizen hardship special assessment deferral. This ordinance provides that the Eagan City Council may defer the payment of a special assessment against any homestead property, not exceeding 10 acres in size, which is owned and occupied by a person 65 years-ofage or older when the total amount of the assessment exceeds $300.00 and the payment thereof would create a hardship upon the property owner. Further information may be obtained from the City Clerk regarding the ordinance and application for deferred assessments. Dated: August 13, 1984 s/E. J. VanOverbeke E. J. VanOverbeke, City Clerk City of Eagan Project 11367 - side improvements to Rahn Road described as follows: The E 1/2 of the SE 1/4 of Section 30, Township 27, Range 23, Dakota County, Minnesota, except the North 640 feet of the East 1020.22 feet thereof. Project $368 - street, storm sewer, sanitary sewer and water improvements to Robin Lane described as follows: That part of the SE 1/4 of the NW 1/4 of Section 17, Township 27, Range 23, Dakota County, Minnesota, lying south of Blackhawk Road and lying east of Trunk Highway No. 13; the west 175 feet of that part of the SW 1/4 of the NF 1/4 of said Section 17 lying south of Blackhawk Road; that part of the NF 1/4 of the SW 1/4 of said Section 17 lying east of Trunk 'Highway No. 13; the west 498.8 feet and the south 625 feet of that part of the NW 1/4 of the SE 1/4 of Section 17 lying west of Blackhawk Road except the east 375 feet of the north 100 feet thereof; that part of the SW 1/4 of the SE 1/4 of said Section 17 ycommencing at the Northwest corner of Blackhawk Acres, thence west along the north line of said SW 1/4 of SE 1/4 of Section 17 a distance of 329.66 feet, thence south at right angles to said north line a distance of 151.5 feet, thence east parallel to said north line to the west line of Blackhawk Acres, thence North along the west line of Blackhawk Acres to the point of beginning; that part of the SW 1/4 of the SE 1/4 of said Section 17 lying west of Blackhawk Road, lying south of Blackhawk Acres, and lying north and east of Town View First Addition; and lots 6 through 12, Blackhawk Acres. Project 11370 - sanitary.sewer,.water, storm sewer, and street to Dakota County Plat No. 1 described as follows: That part of the East 800 feet of the NE 1/4 of Section 31, lying north and west of Minnesota Department of Transportation Right of Way Plat No. 19-17; and that part of the NW 1/4 of the NW 1/4 of Section 32 lying West of Minnesota Department of Transportation Right of Way Plat No. 19-22; all in Township 27, Range 23, Dakota County, Minnesota. Project 11388 - sanitary sewer, water, storm sewer and street improvements to Sun Cliff First Addition described as follows: That part of the NW 1/4 of Section 29, Township 27, Range 23, Dakota County, Minnesota, lying east of Beaver Dam Road, and that part of the NE 1/4 of Section 29 lying west of Blackhawk Road.