12/20/1984 - City Council Regular• MINUTES OF A REGULAR MEETING OF THE ADVISORY PLANNING C0MMISSI0N
EAGAN, MINNESOTA
DECEMBER 20, 1981
A regular meeting of the Eagan Advisory Planning Commission was held on
Thursday, December 20, 1984 at 7:00 p.m. at the Eagan Municipal Center. Pre-
sent were Members Hall, Wilkins, Taylor, Mulrooney and Krob. Absent were
Members Bohne, McCrea and Wold. Also present were Assistant City Engineer
Hefti, City Planner Runkle, and City Attorney Hauge.
AGENDA
Mulrooney moved, Krob seconded the motion to approve the Agenda with the
understanding that the application of General Coatings for revision to a
conditional use permit to allow a new location for an existing pylon sign at
2805 Dodd Road be stricken at the request of the applicant. All members voted
yes.
. Wilkins moved, Mulrooney seconded the motion to approve the minutes of
the November 27, 1984 regular meeting. All members voted in favor.
LEMAY LAM 1ST ADDITION - PRELIMINARY PLAT
Chairman Hall convened the public hearing at 7:10 p.m. regarding the
application of Opus Corporation and Healey Ramme Corporation for preliminary
plat approval of Lemay Lake 1st Addition consisting of approximately 17.7
acres and containing 288 dwelling units lying south of Lone Oak Road and west
of I -35E. Dale Runkle reviewed the preliminary report including the updated
report dated November 12, 1984. He indicated that there were four major
reasons why the Council requested the applicants return to the Planning Com-
mission, including the following:
1. The Council requested an overall concept plan to indicate how access
would be provided to the property to the east, including an overall circula-
tion pattern. Three commercial buildings abutting Lone Oak Road and I -35E are
reflected, including two additional office buildings. It was noted that the
zoning does not precisely fit the proposal and therefore the applicants were
required to rezone to conform to the proposed concept.
2. Access to the development was also reviewed indicating the major
access would be from Eagandale Blvd. to the south as proposed. There would be
one minor access with right -in right -out between Eagandale Blvd. and Poplar
• Drive which would be moved somewhat easterly from the first proposal.
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3. The density of the development indicated that the applicants were
over the allotted square footage but with a change in mix, reducing the number
of two-bedroom units and increasing the number of one -bedroom units, they
could comply with the density restrictions.
4. The City has recently adopted a Shoreland Zoning Ordinance and staff
has met with DNR representatives to review the site plan. There is a question
as to whether the parcel requires compliance with the Shoreland Ordinance and
DNR has indicated it would make recommendations only if it stated that the
development is more dense than DNR would prefer.
Bob Worthington of Opus Corporation and Tom Healey of Healey Ramme were
present. Mr. Worthington explained the land use plan for the entire parcel,
including the commercial land on the east. He stated that Northwestern Mutual
Life Insurance Company has joined in the plat application, owning the property
on the easterly side and that now a circular traffic pattern is being pro-
posed. A traffic study has been completed and it concluded that each of the
two traffic patterns would be satisfactory. He stated the single major inter-
section at Eagandale Blvd. is the safest and most desirable.
• Mr. Worthington also mentioned that an EAW for the Eagandale development
had been prepared and that a letter updating the EAW had been submitted to the
City. He indicated the study noted no significant change between the former
and the current proposals, including water run-off into Lemay Lake.
•
Tom Healey described the proposed apartment plan. He stated that emer-
gency vehicle access through the center of the project is being proposed. A
six foot continuous berm along the westerly property line with evergreens on
the top and drainage provisions will be installed with 8 foot berm on the
northerly end. There are also other internal street configuration changes. A
catch basin with skimmer will be installed permitting greater sedimentation
and providing skimming of oil.
He stated that the developers have met with the neighbors to the west and
also southwest across Lemay Lake. A request was made by the neighbors to
remove the southwesterly 6 units of Building B which the developer prefers to
retain. He further explained that the developers had agreed not to build
additional R-4 units in that particular area. No neighboring property owners
were present.
Member Wilkins had questions about the southeasterly triangle. Mr.
Worthington stated that negotiations had taken place with the City for dedi-
cation of the parcel as park and open space with possible access through the
office project. If six units are removed, then the developer could comply
with density.
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Member Mulrooney questioned the gross and net density calculations and
Mr. Runkle indicated that the calculations for net density are determined by
taking out public right-of-way and also the private right-of-way. A range of
212 to 354 units could be allowed, depending on the number of bedrooms per
unit. The planner was asked to submit reports with the range of minimum -
maximum density that would be allowed in the multi -family projects.
It was also noted the original EAW was based upon 200 apartment units and
now 288 are being proposed, that an 80,000 square foot office building was
being proposed and now 200,000 square feet of office building is shown on the
plan. Member Mulrooney also questioned whether the concept plan for the
parcel to the east is firm and Mr. Worthington stated that the general concept
is accurate and that the developers and owners will submit such confirmation
in writing. Member Krob stated that there is no change in the number of units
per acre. There were questions about circulation and it was noted the pre-
vious plan did not have an internal circulation plan. Chairman Hall recom-
mended reducing the project by 6 units to bring it into compliance. .
Wilkins then moved, Kroh seconded the motion to recommend approval of the
application for preliminary plat and concept plan for the adjacent land with
282 apartment units, subject to the following:
1. No additional storm water runoff shall be added to the existing 48
inch storm sewer, unless the existing storm sewer is increased in size accord-
ingly.
2: Public improvements shall be petitioned by the developer and ordered
in by the Council prior to final plat approval.
3. This development shall be responsible for constructing a 5 foot
concrete walk along its Lone Oak Road frontage.
4. A minimum 50 foot half right-of-way shall be dedicated for Lone Oak
Road.
5. If a 60 foot right-of-way for Eagandale Place is dedicated, then a 20
foot utility easement shall be dedicated adjacent to public right-of-way as
required by Staff.
6. This development shall be responsible for its trunk storm sewer area
and lateral benefit from trunk water main assessments at the rates in effect
at the time of final platting.
7. Easements for ponding, watermain and sanitary sewer shall be dedi-
cated on the final plat.
• '8. All costs for public improvements associated with this development
shall be the sole responsibility of this development.
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9. The access driveway to the southwesterly 108 unit complex shall be a
minimum of 32 feet in width.
10. A six foot berm with evergreens on the top and 8 foot berm along the
northerly portion shall be installed by the developer.
11. The garage driveway on the westerly building shall be turned to run
northerly rather than directly west.
12. No further residential development shall be developed on the entire
parcel, including the parcel to the east.
13. Evergreen screening shall be installed on the south end of the
westerly building.
14. Catch basins with skimmers shall be installed as proposed by the
developer and approved by the City.
15. The Planning Commission recommends alternate 2 with a looped public
street.
All members voted in favor except Mulrooney who stated that he was not
satisfied that the density of the units had been properly determined and also
that the environmental issues had not been properly considered, noting that
the EAW has not been adequately undertaken for the current proposal.
The hearing was completed at 8:30 p.m.
ZING ADDITION - PRELIMMARY PLAT AND REZONING
The hearing regarding the application of Gary King for preliminary plat
approval of King Addition and rezoning from A (Agricultural) to R-1 (Residen-
tial Single), consisting of 10 lots on 10 acres of land was convened by the
Chairman. It was noted the application had been submitted to the City in
September of 1984 and the proposal was then continued for additional study. A
revision to the plan has now been made. Mr. Runkle detailed the application
and noted that two feasibility studies had been performed with the previous
.proposal. Nine of the lots would access from the extension of Golden Meadow
Road and the existing home would continue to take access from the north on
Hackmore Drive. Approximately 4 lots could be created from Lot 2 with access
to Hackmore Drive at some time in the future. Mr. and Mrs. Gary King were
present as well as several neighbors, including Armand Laurent. Mr. Laurent
had concerns about assessments and stated that there was no benefit to his
property if theutilities would be installed.
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A letter from Thomas and Gretchen Murr objecting to the proposed
utilities and street improvements was submitted. Krob moved, Mulrooney
seconded the motion to recommend approval of the application for rezoning and
further for preliminary plat approval subject to the following conditions:
1. Golden Meadow Road public improvements shall be approved by Council
prior to final plat approval.
Road.
2. A 30 foot half right-of-way shall be dedicated for Golden Meadow
3. No driveways shall exceed 10% slope.
4. All other City requirements shall be complied with.
5. A detailed erosion control plan shall be submitted according to City
requirements.
All members voted in the affirmative.
0.
BRAD RAGAN, INC. PYLON SIGN - CONDITIONAL USE PMMT
The hearing regarding the application of Brad Ragan, Inc. for conditional
use permit for pylon sign to be located at 3815 Nicols-Road came before the
Planning Commission. The applicant now has a Goodyear ground sign and several
other signs on the property at the intersection of Cedar and Highway #13 and
it was noted that one pylon sign would be allowed. A representative of Brad
Ragan was present and stated that all other non -conforming signs will be
removed to comply with the oridinance. Mulrooney moved, Wilkins seconded the
motion to recommend approval, subject to the following conditions:
1. The pylon sign shall be limited to 99 square feet in area per side
and 22 feet in height..
2. The pylon sign shall be a minimum of 10 feet from any property line.
3. Signs on the property shall be limited to one ground sign less than
7 feet in height and directional signs of less than 3 square feet in area.
4. All other signs presently on the proeprty and not in conformance
will be removed from the premises immediately.
All voted in favor.
R
APC Minutes
. December 20, 1984
•
RAGAH HOODS OFFICE PARR - PRELIMINARY PLAT
The next hearing that came before the Planning Commission concerned the
application of Trammell Crow Company for preliminary plat approval of Eagan
Woods Office Park consisting of 6.60 acres and proposed to contain a 4 story
office building with 72,000 square feet. The second portion of the applica-
tion is concept approval for the total 18.8 acres to constitute the land use
plan for the Eagan Woods Planned Development. The total plan would consist of
either office or hotel which would contain approximately 160 rooms or 55,000
square feet. Dale Runkle reviewed the application in detail with the Planning
Commission and it was noted that the property is now zoned Planned Development
with underlying Roadside Business zoning. He also stated that the history
includes a review of the airport safety zone ordinance and the new property
owners have purchased the site proposing nearly the same uses that were
originally allowed under the Planned Development.
Tree surveys have been made and it was noted that due to the very rough
site, the developer will provide retaining walls. Mr. Runkle stated the site
characteristics are important and the developer is studying the site in detail
to retain natural amenities. He further noted that a conditional use permit
• had been required for a four-story building and suggested review of the appli-
cation with the understanding that a future hearing on the conditional use
will be required.
•
Robert Hoffman, attorney, and representatives of the applicant were
present. Mr. Hoffman explained the background of Trammell Crow Corporation
noting that it develops properties throughout the United States, including
various types of development and normally retains ownership of its develop-
ments.
Mr. Hoffman made the following comments:
1. There is adequate space for additional parking, if needed in the
future.
2. He requested that the employee parking spaces be smaller than the
city requirements.
3. He requested a variance setback from the public right-of-way.
4. A common theme for landscaping and lighting will be provided, but a
request was made to allow a variety in building themes.
5. He requested a 50 foot right-of-way rather than 60 foot public
right-of-way to allow additional green space.
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6. The developer requested it be permitted to work with the site and
provide internal storm sewer for phase I and determine in the future whether
extending the system to the Minnesota River is necessary.
The architect for the project reviewed the plans in relation to the site
and stated that natural amenities and contours will be maintained to as great
an extent as possible.
Gary O'Brien of Trammell Crow was present and there were no objections to
the application. Rich Hefti stated that easements will be needed including
area for adequate snow storage adjacent to the internal public street, and
therefore recommended a 60 foot right-of-way. Gary O'Brien indicated that a
20 foot setback variance would not be necessary until construction of the
proposed motel on Outlot A. It was understood that the 20 foot green strip
would be required in the future.
Mulrooney moved, Rrob seconded the motion to recommend approval of the
application for preliminary plat consisting of an office. lot and .two Outlots
subject to the following conditions:
• 1. A Planned Development Agreement shall be entered into for the over-
all plan as submitted with the planning report for the project.
2. An architectural design shall be established by the developer and
reviewed by City staff in order that all of the buildings will have a common
architectural theme.
3. Acoustical treatment shall be provided within the building in order
to minimize any noise impact on this site from the planes overhead or I-494 to
the north.
4. The Planned Development shall continue for a maximum of five years
and a determination should be made that either the PD include the height of
the building to allow 4 stories or separate conditional use permit shall be
required for each building.
5. The plat shall be revised and subject to MnDOT's and Dakota County
Plat Commission's comments because the plat abuts state and county right-of-
way.
6. The building shall be designed to take into account the Fire Depart-
ment criteria regarding the four story building. It shall meet all of the
criteria of a conditional use permit to exceed the maximum allowable height in.
a commercial district.
• 7. A detailed lighting and landscape plan shall be submitted and a
land9cape bond approved by the City shall be required and not released until
one year after the landscaping has been completed and approved by the City.
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8. The plat shall be subject to the City park dedication fee require-
ments for commercially platted land at the time of approval of each final
plat.
9. Only 280 parking spaces will be permitted at the time of the initial
phase but up to an additional 72 spaces shall be provided and promptly
installed by the developer or owner when requested by the City.
10. Detailed plans and specifications for the reinforced earth retaining
walls shall be submitted for review and approved by the City staff.
11. Calculations used to determine storm water ponding area shall be
submitted for review and approved by the City staff.
12. This development shall be responsible for all costs associated with
obtaining the necessary MWCC permits and shall abide by MWCC rqui_rements
related to these permits.
13. A public improvement project for streets and utilities shall be
approved by the City Council, including the storm sewer outfall to the
• Minnesota River Valley, if necessary.
14. A minimum 50 foot right-of-way shall be dedicated for Eagan Woods
Drive with the understanding there will be minimum 20 foot setbacks.
15. This development shall be responsible for obtianing the necessary
easement at its cost for Eagan Wood Blvd. from parcel 01-00400-060-02.
16. This development shall be responsible for all costs associaetd with
obtaining the necessary MnDOT permits to work within MnDOT right-of-way.
17. This development shall be responsible for trunk related assessments
for trunk area water upgrading, trunk area storm sewer and lateral benefit
from trunk sanitary sewer at the rates in effectat the time of final platting.
18. This development shall assume full responsibility for all costs of
public improvements for streets, sanitary sewer, watermain and internal storm
sewer.
19. All other applicable City Code and policy requirements shall be
complied with by the developer.
20. 9 by 20 foot and and 9 by 18 foot parking spaces shall be allowed at
the discretion of City staff with 6 handicapped and 12 visitor spaces of 10
feet by 20 feet each. ,
• "All members voted yes, except Hall who abstained.
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EAGAN HOODS OFFICE PARK - CONCEPT APPROVAL
Mulrooney then moved, Wilkins seconded the motion to recommend approval
of the concept plan for the Eagan Woods Office Park, noting that a Planned
Development Agreement shall be entered into for the overall plan submitted
with the Planning report; further, that the concept plan and other exhibits
included with the packet shall be made a part of the Planned Development
Agreement. All members voted yes except Hall who abstained on the motion.
RABNCLIFF 2ND ADDITION - PRELIMINARY PLAT
The hearing regarding the application of M.G. Astleford for preliminary
plat approval of Rahncliff 2nd Addition consisting of one 5.7 acre lot to
include a 65,000 square foot three-story office building, came before the
Planning Commission. Dale Runkle explained the project and noted the site
plan provides for 305 surface parking spaces and 70 underground.parking
stalls, which exceeds the 347 parking spaces required by City Code. Extensive
noise control methods should be utilized, including berming, landscaping and
architectural design which could lessen the noise impact. Charles Novak,
• ' architect, and Jim Hill, Planner, were present. Mr. Novak stated that a
window glazing system with glass set in rubber gaskets, and the thickness of
the walls will tend to cut down the noise impact on the building. A row of
trees will be constructed along the freeway side and the Planning Commission
members recommended tightening the parking area to provide for additional
green space along the exterior. The parcel directly to the south is intended
for park and ponding. Krob moved, Mulrooney seconded the motion to recommend
approval of the application, subject to these conditions:
1. Approval from MnDOT regarding drainage onto I -35E right-of-way shall
be acquired.
2. A public improvement project shall be approved prior to final plat
approval.
3. All costs for future lateral public improvements and lateral benefit
from trunk watermain shall be the sole responsibility of this development.
4. A detailed landscaping plan shall be submitted for Staff approval
prior to any construction, showing plat species, size and location. Special
attention shall be paid to I -35E buffering and interior/exterior screening of
the parking lot.
5. All other City ordinances shall be adhered to.
• All members voted in the affirmative.
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ADVISORY PLANNING COMMISSION
E
Dale Runkle stated the following members terms expire and requested that
if any of the members whose terms expire request or desire to be reappointed,
that a letter should be sent to the City Administrator: Loyd Krob, Pam McCrea
and Roy Taylor.
PLANNED DEVELOPMENT REVIEW
Mr. Runkle stated that the staff has designated January 29, 1985 at 7:00
p.m. as the Joint Special Meeting with the City Council to review planned
developments in the City.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned .at 10:20 p.m.
All members voted in favor.
• PHH
Secretary.
•
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PAUL H. HAUGE
BRADLEY SMITH
KEVIN W. EIDE
RALPH W. COREY
Thomas Colbert
Public Works Director
3830 Pilot Knob Road
Eagan, MN 55122
HAIIGE, Smrm & EIDE, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
3905 SIBLEY MEMORIAL HIGHWAY
EAGAN. MINNESOTA 85122
January 11, 1985
RE: Future Assessment Liabilities for Undeveloped Property
Dear Tom:
AREA CODE 512
TELEPHONE 454-4224
A question has arisen as to how the City should respond to questions from
developers relating to future financial liability relating to undeveloped
property. These are amounts which have not as yet been levied but relate to
either public improvements already installed or improvements to be installed
in the future for which financial liabilities can be computed based upon area,
front foot or lineal foot computations. In the past, the City has character-
ized these future financial liabilities as either potential assessments or
potential connection charges. This is appropriate since the City has author-
ity under Chapters 429 and 444 to either collect the cost of utilities by
assessment or by connection charge. In addition, the Special Assessment
Policy Guide specifically provides with regard to lateral benefit from water
trunk and sanitary sewer trunk, that the cost may be collected by either
levying an assessment or making a connection charge.
If and when questions come up in the future concerning how to characterize
these future financial liabilities for utility improvements, the City should
be careful not to call them either levied assessments, deferred assessments,
or pending assessments. It would probably be best to simply state that they
are financial liabilities which have not been levied as assessments and which
will either be collected as assessments or connection charges. It is not up
to the City to define whether these are pending assessments within the meaning
of any particular purchase agreement. These assessments clearly are not
deferred assessments within the meaning of Chapter 429.061, since that refers
to assessments which are levied and payment is deferred. They are financial
liabilities for which assessment was postponed under the authority in Section
429.051 which allows any portion of the cost of an improvement to remain
unlevied until a later time. If you would like I could draft a brief state-
ment which could be released to people requesting information concerning such
financial liabilities.
�Ver trulZIA ,
jta
Bradley Smith
BS:ras
OF
3830 PILOT KNOB ROAD, P.O. BOX 21199
BEA BEOMQUIST
EAGAN. MINNESOTA 55121
Mayor
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A. SMITH
JERRY THOMAS
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
EUGENE VAN OVERBEKE
Cay Clear
RE:
Dear
In response to your inquiry regarding future financial liabilities for utility
improvements relating to the above described property, please refer to the
attachment summarizing these liabilities and how they were computed. This
summary assumes that the property is zoned , and that the lia-
bilities are paid or assessed in 19 .
If the zoning changes or if payment
or assessment is made at a later time, the amount due could change. The
liabilities are due upon development of the property, platting of the proper-
ty, inclusion of the property in a Planned Unit Development, issuance of a
building permit, or connection of the property to the referenced utility
improvements.
These future financial liabilities are not levied assessments. They are
liabilities which the City may require to be paid either by making connection
charges or by levying assessments upon the happening of any of the events
mentioned above. They relate to improvements previously
installed pursuant to Project I! in 19_ and to
improvements not yet installed. (alter previous sentence as appropriate).
If you have any further questions concerning these liabilities, please feel
free to contact me.
TAC:ras
Sincerely,
Thomas A. Colbert, P.E.
Director of Public Works
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
it 1;: M
FROM: PAUL HAUGE
BE: ASSESSMENTS
DATE: February 27, 1984
Tom Colbert called on February 24 with several fact situations that may
take some research and some reply to him.
1. On Galaxy Avenue, the street improvements and perhaps` some lateral
improvements also within Galaxy Road, which I believe were essentially accom-
plished by MnDOT, took about 3 years to get completed. Now, the work appar-
ently is done and the City is going to assess the adjacent property, which in
effect includes a complete subdivision that has, during the interim, been
platted with the final plat being filed and recorded. Property owners, per-
haps a quarter mile away, have purchased houses and in order to spread these
assessments, Tom is saying that he would technically have to notice all those
people within the subdivision. They showed up as pending assessments at the
time that the property was platted and probably also at the time each lot was
sold. Possibly, banks have held an escrow for the pending assessments and of
course it may be important to know exactly what lots the pending assessment
search covers.
2. He also gave the example of Westbury Addition on Wilderness Run Road
where Richard Knutson Construction Co. is in dispute in arbitration on a
couple situations. One is street improvements along Wilderness Run Road
before the Triple A but assessments have not been levied against the adjoining
property, for I believe street improvements and some other lateral improve-
ments. In that case, possibley Tom will have to go ahead with the assess-
ments, estimating what the final costs are going to be and not wait any longer
because the same factual situation is true in Westbury as was true along
Galaxy Avenue.
3. He also mentioned that Eagandale Industrial Park, where there is a
new replat, at the time the development agreement was entered into with North-
western Mutual Life Insurance Co., apparently, Northwestern Mutual agreed to
spreading assessments for the new'street improvements and laterals on a square
foot basis against the lots. The City said it didn't care how it was done and
hopefully this got into the development agreement and should clearly be
checked. We didn't record the development agreement so the buyer of one of
the lots, which is a fairly substantial one, has now come to the City and said
'Why is my lot being assessed so much higher than the one adjacent to me with
the same number of front feet, even though my lot has many more square feet'
Tom thinks there is going to be a test on the assessments once the assessments
are levied up there. we'll have to check carefully on the agreement with
Northwestern Mutual and also the pending assessment searches that may have
been given at the time that they went out.
4. There seems to be a couple ways of resolving some of these problems
and one would be as follows:
a. At a time that a plat is approved along a street, for instance
where there are pending assessments, but not levied, to get a separate
agreement from the developer that will run with the land, covering suc-
cessors and assigns, that it will agree that all assessments levied
covering those pending assessments, will attach to each parcel of land as
it is platted and sold. There still may be a problem with subsequent
Property owners who will claim that they did not get notice, but at least
it will be in the record.
b. Possibly, the development agreement can be expanded somewhat to
make certain that it includes provisions of this nature. Maybe we al-
ready have something in there that covers waiver of notice, but one
defect is that our development agreements are not getting recorded and it
would be generally advisable not to record development agreements.
c. The property owner, possibly should be posting an escrow at the
time of filing of the plat, but of course, that could be very onerous,
and yet, the offset of that is that those assessments would otherwise be
levied against the property.
d. The escrow could be in a form that would be leviable against
each of the lots, and with an estimate, and would have to be posted as a
building permit came in for each lot, or some such Provision.
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gAUGE, SMITH, EIDE & KELLEN. P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
7908 SIBLEY MEMORIAL HIGHWAY
EAGAN. MINNESOTA 55122
PAUL H. HAUGE
BRADLEY SMITH
KEVIN W. EIDE
DAVID G. KELLER
Mr. Thomas A. Colbert
Public Works Director
3830 Pilot Knob Road
Fagan, MN 55122
Re: Martin Shields
Project 11113
Dear Tom:
June 11, 1984
AREA COME 612
TELvHONX 454-4224
I am enclosing a letter that I would suggest be sent to Martin Shields
covering t e'options that could be used in bringing the assessments under
Project f/3 up to date. There may be other alternates that we have not
covered in a letter, but Br=- and I have talked about them and these appear
to be some t at could be used.
You note in the last paragraph that I mentioned that the City would file a
notice with the County Recorder that there are noncertified deferred assess-
ments in the event that a buyer does happen to come along and misses the assess-
ment. It is my understanding that the City has filed notices of this nature
and if you have, that you probably have a form to use for this purpose. If not,
we will help to prepare a form which should be notarized and all of the recording
information should be clearly on it.
I recalled that about the time that this assessment was originally levied that
I prepared an agreement that Martin was to sign which I'm certain he didn't
ever sign. It is important to be cautious on this type of project because, of
course, it is very similar to the Federal Land factual situation Ind a few
others that you have run up against.
Very truly yours,
Paul H. Hauge
City"Attorney - City of Eagan
skk
enclosure
BEA BLOMOUIST
. .T..Cc
THOMASEGAN
JAMES A, SMITH
JERRY THOMAS
THEODORE WACHTER
COONCIE MEMBERS
0
OF F -i
�EAGA"', A E50TA
PryO`E 4100
i dune 11, 1984
1
Mr. and Mrs. Martin Shields
1396 Lone Oak Road
Eagan, MN 55121
0
Re: Project $113 - Donnywood Addition Improvements
Dear Mr. and Mrs. Shields:
THOMASHEDGES
EUGENE VAN OVERBEKE
CITY CLERK
It has come to our attention that the improvements, including utilities and
street improvements under Project 11113 originally commenced in 1974 including
improvements along Towerview Road under Project 11113, have not been assessed
against your property. You may remember that at your request the City Council
deferred the assessments and again extended the deferrment on April 16, 1977,
for an additional three years.
Neither the City nor you arranged for a later extension or deferrment and the
original assessments, which were in the sum of $13,365.16, have not been levied
and have not been paid. We have calculated that at 8% simple interest which
was the assessment interest factor in effect at that time, would now result
in a principal balance, including the interest, of approximately $24,000. It
is our recommendation that due to the fact that the original assessment was
to be spread over 20 years, that the principal now be spread over ten remaining
years and that the assessment be levied.
This could be done in one of several ways:
1. The City could commence a new hearing and levy the assessments at the rate
in effect at.the present time.
2. The City could commence the assessment process and levy the assessments
based upon the 1974 rates plus 8% interest to the present time.
3. You, as the property owners, could waive notice of any hearing requirements
and allow the assessment to be levied at one of the two rates that are included
in the two options mentioned above.
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY.
0 0
Mr. and Mrs. Shields
June 11, 1984
Page Two
I would ask that you get back to me as quickly as possible because the City
Council, at its meeting on June 5, instructed the staff to proceed with the
assessments at the earliest possible time.
We will proceed to file a Notice with the County Recorder that there is an
assessment that was deferred in 1974 so that any potential purchaser would be
clearly aware of the deferred assessment.
Very truly yours,
Thomas A. Colbert
Public Works Director
skk
70 ■
3830 PILOT KNOB ROAD. P.O. BOX 21199
EAGAN. MINNESOTA 55121
PHONE: (612) 454-8100
July 20, 1984
RE: SPECIAL ASSESSMENT COMMITTEE MEETING - JULY 30, 1984
BEA BLOMQUIST
Mayor
THOMASEGAN
JAMES A SMITH
JERRY THOMAS
THEODORE WACHTER
Coumd Members
THOMAS HEDGES
City A6 ftator
EUGENE VAN OVERBEKE
ON Clerk
This letter is to inform you that the City of Eagan Special Assess-
ment Committee has scheduled a -meeting for Monday, July 30, 1984
at 4:30 P.M. to be held in the City Council Chambers at City Hall.
The purpose of this meeting will be to review your specific request
pertaining to special assessments. Your specific objection/request
will be forwarded to the Special Assessment Committee together with
background information as prepared by City Staff along with a re-
commendation for action. The Special Assessment Committee will
then review this information and make a recommendation to the City
Council for formal approval.
While your attendance at this Special Assessment Committee meeting
is not mandatory, it is recommended that you attend to explain in
further detail any information that you feel would be appropriate
in consideration of your request. The additional information will
be forthcoming in the near future under separate mailing.
If, for any reason, you cannot attend this Special Assessment
Committee meeting, please contact me as soon as possible so that
the Committee can be informed accordingly.
Sincerely,
L
Thomas A. Colbert, P.E.
Director of Public works
TAC:jbd
cc: Special Assessment Committee
City Attorney --
Special Assessment Clerk
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
PROJECT 372, I -35E UTILITY & STREET IMPROVEMENTS
Mr. Robert J. O'Neil
2040 Edgecumbe Road
St. Paul, MN 55116
(Parcel No. 10-01000-010-56)
Mr. Francis C. Franz
1620 Deerwood Drive
Eagan, MN 55122
(Parcel NO. 10-02100-010-50)
Mrs. Anna S. Heuer
1530 Deerwood Drive
Eagan, MN 55122
(Parcel No.10-02100-010-78)
PROJECT 349, EAST & WEST OF BLUE GENTIAN RD
Francis J. O'Neill
Michael E. Terry
820 O'Neill Drive
Eagan, MN 55121
(Parcel No. 10-53340-010-01)
Lot 1, O'Neill's First Add.
Mary K. O'Neill
830 O'Neill Drive
Eagan, MN 55121
(Parcel No. 10-53340-020-01)
Lot 2, O'Neill's First Add.
Kenneth L. Schmidt
810 O'Neill Drive
Eagan, MN 55121
(Parcel No. 01-53320-088-00)
Part of Lot 8, Robert O'Neill
Homestead)
Howard G. Stacker
c/o Stacker & Ravich
900 First Bank P1. W.
Mpls., MN 55402
(Parcel No. 10-53320-085-00,
Robert O'Neill Homestead)
(Parcel No. 01-53320-087-00,
Robert O'Neill Homestead)
(Parcel No. 10-53320-022-00,
Robert O'Neill Homestead)
(Parcel No. 10-00200-010-27)
(Parcel No. 10-00200-010-01)
Part of Lot 8,
Part of Lot 8,
Part of Lot 2,
NORWEST FIRST ADDITION - UTILITIES
William A. MacPherson
Norwest Properties, Inc.
4375 Multi Foods Tower
33 South 6th Street
Mpls., Mn 55402
(Lot 1, Block 1, Norwest 1st Add)
— STREETS &
STORM SEWER
• MINUTES OF A REGULAR MEETING OF THE ADVISORY PLANNING C0MMISSI0N
EAGAN, MINNESOTA
DECEMBER 20, 1981
A regular meeting of the Eagan Advisory Planning Commission was held on
Thursday, December 20, 1984 at 7:00 p.m. at the Eagan Municipal Center. Pre-
sent were Members Hall, Wilkins, Taylor, Mulrooney and Krob. Absent were
Members Bohne, McCrea and Wold. Also present were Assistant City Engineer
Hefti, City Planner Runkle, and City Attorney Hauge.
AGENDA
Mulrooney moved, Krob seconded the motion to approve the Agenda with the
understanding that the application of General Coatings for revision to a
conditional use permit to allow a new location for an existing pylon sign at
2805 Dodd Road be stricken at the request of the applicant. All members voted
yes.
. Wilkins moved, Mulrooney seconded the motion to approve the minutes of
the November 27, 1984 regular meeting. All members voted in favor.
LEMAY LAM 1ST ADDITION - PRELIMINARY PLAT
Chairman Hall convened the public hearing at 7:10 p.m. regarding the
application of Opus Corporation and Healey Ramme Corporation for preliminary
plat approval of Lemay Lake 1st Addition consisting of approximately 17.7
acres and containing 288 dwelling units lying south of Lone Oak Road and west
of I -35E. Dale Runkle reviewed the preliminary report including the updated
report dated November 12, 1984. He indicated that there were four major
reasons why the Council requested the applicants return to the Planning Com-
mission, including the following:
1. The Council requested an overall concept plan to indicate how access
would be provided to the property to the east, including an overall circula-
tion pattern. Three commercial buildings abutting Lone Oak Road and I -35E are
reflected, including two additional office buildings. It was noted that the
zoning does not precisely fit the proposal and therefore the applicants were
required to rezone to conform to the proposed concept.
2. Access to the development was also reviewed indicating the major
access would be from Eagandale Blvd. to the south as proposed. There would be
one minor access with right -in right -out between Eagandale Blvd. and Poplar
• Drive which would be moved somewhat easterly from the first proposal.
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December 20, 1984
49
3. The density of the development indicated that the applicants were
over the allotted square footage but with a change in mix, reducing the number
of two-bedroom units and increasing the number of one -bedroom units, they
could comply with the density restrictions.
4. The City has recently adopted a Shoreland Zoning Ordinance and staff
has met with DNR representatives to review the site plan. There is a question
as to whether the parcel requires compliance with the Shoreland Ordinance and
DNR has indicated it would make recommendations only if it stated that the
development is more dense than DNR would prefer.
Bob Worthington of Opus Corporation and Tom Healey of Healey Ramme were
present. Mr. Worthington explained the land use plan for the entire parcel,
including the commercial land on the east. He stated that Northwestern Mutual
Life Insurance Company has joined in the plat application, owning the property
on the easterly side and that now a circular traffic pattern is being pro-
posed. A traffic study has been completed and it concluded that each of the
two traffic patterns would be satisfactory. He stated the single major inter-
section at Eagandale Blvd. is the safest and most desirable.
• Mr. Worthington also mentioned that an EAW for the Eagandale development
had been prepared and that a letter updating the EAW had been submitted to the
City. He indicated the study noted no significant change between the former
and the current proposals, including water run-off into Lemay Lake.
•
Tom Healey described the proposed apartment plan. He stated that emer-
gency vehicle access through the center of the project is being proposed. A
six foot continuous berm along the westerly property line with evergreens on
the top and drainage provisions will be installed with 8 foot berm on the
northerly end. There are also other internal street configuration changes. A
catch basin with skimmer will be installed permitting greater sedimentation
and providing skimming of oil.
He stated that the developers have met with the neighbors to the west and
also southwest across Lemay Lake. A request was made by the neighbors to
remove the southwesterly 6 units of Building B which the developer prefers to
retain. He further explained that the developers had agreed not to build
additional R-4 units in that particular area. No neighboring property owners
were present.
Member Wilkins had questions about the southeasterly triangle. Mr.
Worthington stated that negotiations had taken place with the City for dedi-
cation of the parcel as park and open space with possible access through the
office project. If six units are removed, then the developer could comply
with density.
Pa
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December 20, 1984
E
Member Mulrooney questioned the gross and net density calculations and
Mr. Runkle indicated that the calculations for net density are determined by
taking out public right-of-way and also the private right-of-way. A range of
212 to 354 units could be allowed, depending on the number of bedrooms per
unit. The planner was asked to submit reports with the range of minimum -
maximum density that would be allowed in the multi -family projects.
It was also noted the original EAW was based upon 200 apartment units and
now 288 are being proposed, that an 80,000 square foot office building was
being proposed and now 200,000 square feet of office building is shown on the
plan. Member Mulrooney also questioned whether the concept plan for the
parcel to the east is firm and Mr. Worthington stated that the general concept
is accurate and that the developers and owners will submit such confirmation
in writing. Member Krob stated that there is no change in the number of units
per acre. There were questions about circulation and it was noted the pre-
vious plan did not have an internal circulation plan. Chairman Hall recom-
mended reducing the project by 6 units to bring it into compliance. .
Wilkins then moved, Kroh seconded the motion to recommend approval of the
application for preliminary plat and concept plan for the adjacent land with
282 apartment units, subject to the following:
1. No additional storm water runoff shall be added to the existing 48
inch storm sewer, unless the existing storm sewer is increased in size accord-
ingly.
2: Public improvements shall be petitioned by the developer and ordered
in by the Council prior to final plat approval.
3. This development shall be responsible for constructing a 5 foot
concrete walk along its Lone Oak Road frontage.
4. A minimum 50 foot half right-of-way shall be dedicated for Lone Oak
Road.
5. If a 60 foot right-of-way for Eagandale Place is dedicated, then a 20
foot utility easement shall be dedicated adjacent to public right-of-way as
required by Staff.
6. This development shall be responsible for its trunk storm sewer area
and lateral benefit from trunk water main assessments at the rates in effect
at the time of final platting.
7. Easements for ponding, watermain and sanitary sewer shall be dedi-
cated on the final plat.
• '8. All costs for public improvements associated with this development
shall be the sole responsibility of this development.
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December 20, 1984
41
9. The access driveway to the southwesterly 108 unit complex shall be a
minimum of 32 feet in width.
10. A six foot berm with evergreens on the top and 8 foot berm along the
northerly portion shall be installed by the developer.
11. The garage driveway on the westerly building shall be turned to run
northerly rather than directly west.
12. No further residential development shall be developed on the entire
parcel, including the parcel to the east.
13. Evergreen screening shall be installed on the south end of the
westerly building.
14. Catch basins with skimmers shall be installed as proposed by the
developer and approved by the City.
15. The Planning Commission recommends alternate 2 with a looped public
street.
All members voted in favor except Mulrooney who stated that he was not
satisfied that the density of the units had been properly determined and also
that the environmental issues had not been properly considered, noting that
the EAW has not been adequately undertaken for the current proposal.
The hearing was completed at 8:30 p.m.
ZING ADDITION - PRELIMMARY PLAT AND REZONING
The hearing regarding the application of Gary King for preliminary plat
approval of King Addition and rezoning from A (Agricultural) to R-1 (Residen-
tial Single), consisting of 10 lots on 10 acres of land was convened by the
Chairman. It was noted the application had been submitted to the City in
September of 1984 and the proposal was then continued for additional study. A
revision to the plan has now been made. Mr. Runkle detailed the application
and noted that two feasibility studies had been performed with the previous
.proposal. Nine of the lots would access from the extension of Golden Meadow
Road and the existing home would continue to take access from the north on
Hackmore Drive. Approximately 4 lots could be created from Lot 2 with access
to Hackmore Drive at some time in the future. Mr. and Mrs. Gary King were
present as well as several neighbors, including Armand Laurent. Mr. Laurent
had concerns about assessments and stated that there was no benefit to his
property if theutilities would be installed.
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December 20, 1984
1]
A letter from Thomas and Gretchen Murr objecting to the proposed
utilities and street improvements was submitted. Krob moved, Mulrooney
seconded the motion to recommend approval of the application for rezoning and
further for preliminary plat approval subject to the following conditions:
1. Golden Meadow Road public improvements shall be approved by Council
prior to final plat approval.
Road.
2. A 30 foot half right-of-way shall be dedicated for Golden Meadow
3. No driveways shall exceed 10% slope.
4. All other City requirements shall be complied with.
5. A detailed erosion control plan shall be submitted according to City
requirements.
All members voted in the affirmative.
0.
BRAD RAGAN, INC. PYLON SIGN - CONDITIONAL USE PMMT
The hearing regarding the application of Brad Ragan, Inc. for conditional
use permit for pylon sign to be located at 3815 Nicols-Road came before the
Planning Commission. The applicant now has a Goodyear ground sign and several
other signs on the property at the intersection of Cedar and Highway #13 and
it was noted that one pylon sign would be allowed. A representative of Brad
Ragan was present and stated that all other non -conforming signs will be
removed to comply with the oridinance. Mulrooney moved, Wilkins seconded the
motion to recommend approval, subject to the following conditions:
1. The pylon sign shall be limited to 99 square feet in area per side
and 22 feet in height..
2. The pylon sign shall be a minimum of 10 feet from any property line.
3. Signs on the property shall be limited to one ground sign less than
7 feet in height and directional signs of less than 3 square feet in area.
4. All other signs presently on the proeprty and not in conformance
will be removed from the premises immediately.
All voted in favor.
R
APC Minutes
. December 20, 1984
•
RAGAH HOODS OFFICE PARR - PRELIMINARY PLAT
The next hearing that came before the Planning Commission concerned the
application of Trammell Crow Company for preliminary plat approval of Eagan
Woods Office Park consisting of 6.60 acres and proposed to contain a 4 story
office building with 72,000 square feet. The second portion of the applica-
tion is concept approval for the total 18.8 acres to constitute the land use
plan for the Eagan Woods Planned Development. The total plan would consist of
either office or hotel which would contain approximately 160 rooms or 55,000
square feet. Dale Runkle reviewed the application in detail with the Planning
Commission and it was noted that the property is now zoned Planned Development
with underlying Roadside Business zoning. He also stated that the history
includes a review of the airport safety zone ordinance and the new property
owners have purchased the site proposing nearly the same uses that were
originally allowed under the Planned Development.
Tree surveys have been made and it was noted that due to the very rough
site, the developer will provide retaining walls. Mr. Runkle stated the site
characteristics are important and the developer is studying the site in detail
to retain natural amenities. He further noted that a conditional use permit
• had been required for a four-story building and suggested review of the appli-
cation with the understanding that a future hearing on the conditional use
will be required.
•
Robert Hoffman, attorney, and representatives of the applicant were
present. Mr. Hoffman explained the background of Trammell Crow Corporation
noting that it develops properties throughout the United States, including
various types of development and normally retains ownership of its develop-
ments.
Mr. Hoffman made the following comments:
1. There is adequate space for additional parking, if needed in the
future.
2. He requested that the employee parking spaces be smaller than the
city requirements.
3. He requested a variance setback from the public right-of-way.
4. A common theme for landscaping and lighting will be provided, but a
request was made to allow a variety in building themes.
5. He requested a 50 foot right-of-way rather than 60 foot public
right-of-way to allow additional green space.
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December 20, 1984
40
6. The developer requested it be permitted to work with the site and
provide internal storm sewer for phase I and determine in the future whether
extending the system to the Minnesota River is necessary.
The architect for the project reviewed the plans in relation to the site
and stated that natural amenities and contours will be maintained to as great
an extent as possible.
Gary O'Brien of Trammell Crow was present and there were no objections to
the application. Rich Hefti stated that easements will be needed including
area for adequate snow storage adjacent to the internal public street, and
therefore recommended a 60 foot right-of-way. Gary O'Brien indicated that a
20 foot setback variance would not be necessary until construction of the
proposed motel on Outlot A. It was understood that the 20 foot green strip
would be required in the future.
Mulrooney moved, Rrob seconded the motion to recommend approval of the
application for preliminary plat consisting of an office. lot and .two Outlots
subject to the following conditions:
• 1. A Planned Development Agreement shall be entered into for the over-
all plan as submitted with the planning report for the project.
2. An architectural design shall be established by the developer and
reviewed by City staff in order that all of the buildings will have a common
architectural theme.
3. Acoustical treatment shall be provided within the building in order
to minimize any noise impact on this site from the planes overhead or I-494 to
the north.
4. The Planned Development shall continue for a maximum of five years
and a determination should be made that either the PD include the height of
the building to allow 4 stories or separate conditional use permit shall be
required for each building.
5. The plat shall be revised and subject to MnDOT's and Dakota County
Plat Commission's comments because the plat abuts state and county right-of-
way.
6. The building shall be designed to take into account the Fire Depart-
ment criteria regarding the four story building. It shall meet all of the
criteria of a conditional use permit to exceed the maximum allowable height in.
a commercial district.
• 7. A detailed lighting and landscape plan shall be submitted and a
land9cape bond approved by the City shall be required and not released until
one year after the landscaping has been completed and approved by the City.
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December 20, 1984
8. The plat shall be subject to the City park dedication fee require-
ments for commercially platted land at the time of approval of each final
plat.
9. Only 280 parking spaces will be permitted at the time of the initial
phase but up to an additional 72 spaces shall be provided and promptly
installed by the developer or owner when requested by the City.
10. Detailed plans and specifications for the reinforced earth retaining
walls shall be submitted for review and approved by the City staff.
11. Calculations used to determine storm water ponding area shall be
submitted for review and approved by the City staff.
12. This development shall be responsible for all costs associated with
obtaining the necessary MWCC permits and shall abide by MWCC rqui_rements
related to these permits.
13. A public improvement project for streets and utilities shall be
approved by the City Council, including the storm sewer outfall to the
• Minnesota River Valley, if necessary.
14. A minimum 50 foot right-of-way shall be dedicated for Eagan Woods
Drive with the understanding there will be minimum 20 foot setbacks.
15. This development shall be responsible for obtianing the necessary
easement at its cost for Eagan Wood Blvd. from parcel 01-00400-060-02.
16. This development shall be responsible for all costs associaetd with
obtaining the necessary MnDOT permits to work within MnDOT right-of-way.
17. This development shall be responsible for trunk related assessments
for trunk area water upgrading, trunk area storm sewer and lateral benefit
from trunk sanitary sewer at the rates in effectat the time of final platting.
18. This development shall assume full responsibility for all costs of
public improvements for streets, sanitary sewer, watermain and internal storm
sewer.
19. All other applicable City Code and policy requirements shall be
complied with by the developer.
20. 9 by 20 foot and and 9 by 18 foot parking spaces shall be allowed at
the discretion of City staff with 6 handicapped and 12 visitor spaces of 10
feet by 20 feet each. ,
• "All members voted yes, except Hall who abstained.
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December 20, 1984
E
EAGAN HOODS OFFICE PARK - CONCEPT APPROVAL
Mulrooney then moved, Wilkins seconded the motion to recommend approval
of the concept plan for the Eagan Woods Office Park, noting that a Planned
Development Agreement shall be entered into for the overall plan submitted
with the Planning report; further, that the concept plan and other exhibits
included with the packet shall be made a part of the Planned Development
Agreement. All members voted yes except Hall who abstained on the motion.
RABNCLIFF 2ND ADDITION - PRELIMINARY PLAT
The hearing regarding the application of M.G. Astleford for preliminary
plat approval of Rahncliff 2nd Addition consisting of one 5.7 acre lot to
include a 65,000 square foot three-story office building, came before the
Planning Commission. Dale Runkle explained the project and noted the site
plan provides for 305 surface parking spaces and 70 underground.parking
stalls, which exceeds the 347 parking spaces required by City Code. Extensive
noise control methods should be utilized, including berming, landscaping and
architectural design which could lessen the noise impact. Charles Novak,
• ' architect, and Jim Hill, Planner, were present. Mr. Novak stated that a
window glazing system with glass set in rubber gaskets, and the thickness of
the walls will tend to cut down the noise impact on the building. A row of
trees will be constructed along the freeway side and the Planning Commission
members recommended tightening the parking area to provide for additional
green space along the exterior. The parcel directly to the south is intended
for park and ponding. Krob moved, Mulrooney seconded the motion to recommend
approval of the application, subject to these conditions:
1. Approval from MnDOT regarding drainage onto I -35E right-of-way shall
be acquired.
2. A public improvement project shall be approved prior to final plat
approval.
3. All costs for future lateral public improvements and lateral benefit
from trunk watermain shall be the sole responsibility of this development.
4. A detailed landscaping plan shall be submitted for Staff approval
prior to any construction, showing plat species, size and location. Special
attention shall be paid to I -35E buffering and interior/exterior screening of
the parking lot.
5. All other City ordinances shall be adhered to.
• All members voted in the affirmative.
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December 20, 1984
0
ADVISORY PLANNING COMMISSION
E
Dale Runkle stated the following members terms expire and requested that
if any of the members whose terms expire request or desire to be reappointed,
that a letter should be sent to the City Administrator: Loyd Krob, Pam McCrea
and Roy Taylor.
PLANNED DEVELOPMENT REVIEW
Mr. Runkle stated that the staff has designated January 29, 1985 at 7:00
p.m. as the Joint Special Meeting with the City Council to review planned
developments in the City.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned .at 10:20 p.m.
All members voted in favor.
• PHH
Secretary.
•
10
PAUL H. HAUGE
BRADLEY SMITH
KEVIN W. EIDE
RALPH W. COREY
Thomas Colbert
Public Works Director
3830 Pilot Knob Road
Eagan, MN 55122
HAIIGE, Smrm & EIDE, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
3905 SIBLEY MEMORIAL HIGHWAY
EAGAN. MINNESOTA 85122
January 11, 1985
RE: Future Assessment Liabilities for Undeveloped Property
Dear Tom:
AREA CODE 512
TELEPHONE 454-4224
A question has arisen as to how the City should respond to questions from
developers relating to future financial liability relating to undeveloped
property. These are amounts which have not as yet been levied but relate to
either public improvements already installed or improvements to be installed
in the future for which financial liabilities can be computed based upon area,
front foot or lineal foot computations. In the past, the City has character-
ized these future financial liabilities as either potential assessments or
potential connection charges. This is appropriate since the City has author-
ity under Chapters 429 and 444 to either collect the cost of utilities by
assessment or by connection charge. In addition, the Special Assessment
Policy Guide specifically provides with regard to lateral benefit from water
trunk and sanitary sewer trunk, that the cost may be collected by either
levying an assessment or making a connection charge.
If and when questions come up in the future concerning how to characterize
these future financial liabilities for utility improvements, the City should
be careful not to call them either levied assessments, deferred assessments,
or pending assessments. It would probably be best to simply state that they
are financial liabilities which have not been levied as assessments and which
will either be collected as assessments or connection charges. It is not up
to the City to define whether these are pending assessments within the meaning
of any particular purchase agreement. These assessments clearly are not
deferred assessments within the meaning of Chapter 429.061, since that refers
to assessments which are levied and payment is deferred. They are financial
liabilities for which assessment was postponed under the authority in Section
429.051 which allows any portion of the cost of an improvement to remain
unlevied until a later time. If you would like I could draft a brief state-
ment which could be released to people requesting information concerning such
financial liabilities.
�Ver trulZIA ,
jta
Bradley Smith
BS:ras
OF
3830 PILOT KNOB ROAD, P.O. BOX 21199
BEA BEOMQUIST
EAGAN. MINNESOTA 55121
Mayor
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A. SMITH
JERRY THOMAS
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
EUGENE VAN OVERBEKE
Cay Clear
RE:
Dear
In response to your inquiry regarding future financial liabilities for utility
improvements relating to the above described property, please refer to the
attachment summarizing these liabilities and how they were computed. This
summary assumes that the property is zoned , and that the lia-
bilities are paid or assessed in 19 .
If the zoning changes or if payment
or assessment is made at a later time, the amount due could change. The
liabilities are due upon development of the property, platting of the proper-
ty, inclusion of the property in a Planned Unit Development, issuance of a
building permit, or connection of the property to the referenced utility
improvements.
These future financial liabilities are not levied assessments. They are
liabilities which the City may require to be paid either by making connection
charges or by levying assessments upon the happening of any of the events
mentioned above. They relate to improvements previously
installed pursuant to Project I! in 19_ and to
improvements not yet installed. (alter previous sentence as appropriate).
If you have any further questions concerning these liabilities, please feel
free to contact me.
TAC:ras
Sincerely,
Thomas A. Colbert, P.E.
Director of Public Works
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
it 1;: M
FROM: PAUL HAUGE
BE: ASSESSMENTS
DATE: February 27, 1984
Tom Colbert called on February 24 with several fact situations that may
take some research and some reply to him.
1. On Galaxy Avenue, the street improvements and perhaps` some lateral
improvements also within Galaxy Road, which I believe were essentially accom-
plished by MnDOT, took about 3 years to get completed. Now, the work appar-
ently is done and the City is going to assess the adjacent property, which in
effect includes a complete subdivision that has, during the interim, been
platted with the final plat being filed and recorded. Property owners, per-
haps a quarter mile away, have purchased houses and in order to spread these
assessments, Tom is saying that he would technically have to notice all those
people within the subdivision. They showed up as pending assessments at the
time that the property was platted and probably also at the time each lot was
sold. Possibly, banks have held an escrow for the pending assessments and of
course it may be important to know exactly what lots the pending assessment
search covers.
2. He also gave the example of Westbury Addition on Wilderness Run Road
where Richard Knutson Construction Co. is in dispute in arbitration on a
couple situations. One is street improvements along Wilderness Run Road
before the Triple A but assessments have not been levied against the adjoining
property, for I believe street improvements and some other lateral improve-
ments. In that case, possibley Tom will have to go ahead with the assess-
ments, estimating what the final costs are going to be and not wait any longer
because the same factual situation is true in Westbury as was true along
Galaxy Avenue.
3. He also mentioned that Eagandale Industrial Park, where there is a
new replat, at the time the development agreement was entered into with North-
western Mutual Life Insurance Co., apparently, Northwestern Mutual agreed to
spreading assessments for the new'street improvements and laterals on a square
foot basis against the lots. The City said it didn't care how it was done and
hopefully this got into the development agreement and should clearly be
checked. We didn't record the development agreement so the buyer of one of
the lots, which is a fairly substantial one, has now come to the City and said
'Why is my lot being assessed so much higher than the one adjacent to me with
the same number of front feet, even though my lot has many more square feet'
Tom thinks there is going to be a test on the assessments once the assessments
are levied up there. we'll have to check carefully on the agreement with
Northwestern Mutual and also the pending assessment searches that may have
been given at the time that they went out.
4. There seems to be a couple ways of resolving some of these problems
and one would be as follows:
a. At a time that a plat is approved along a street, for instance
where there are pending assessments, but not levied, to get a separate
agreement from the developer that will run with the land, covering suc-
cessors and assigns, that it will agree that all assessments levied
covering those pending assessments, will attach to each parcel of land as
it is platted and sold. There still may be a problem with subsequent
Property owners who will claim that they did not get notice, but at least
it will be in the record.
b. Possibly, the development agreement can be expanded somewhat to
make certain that it includes provisions of this nature. Maybe we al-
ready have something in there that covers waiver of notice, but one
defect is that our development agreements are not getting recorded and it
would be generally advisable not to record development agreements.
c. The property owner, possibly should be posting an escrow at the
time of filing of the plat, but of course, that could be very onerous,
and yet, the offset of that is that those assessments would otherwise be
levied against the property.
d. The escrow could be in a form that would be leviable against
each of the lots, and with an estimate, and would have to be posted as a
building permit came in for each lot, or some such Provision.
0
40
gAUGE, SMITH, EIDE & KELLEN. P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
7908 SIBLEY MEMORIAL HIGHWAY
EAGAN. MINNESOTA 55122
PAUL H. HAUGE
BRADLEY SMITH
KEVIN W. EIDE
DAVID G. KELLER
Mr. Thomas A. Colbert
Public Works Director
3830 Pilot Knob Road
Fagan, MN 55122
Re: Martin Shields
Project 11113
Dear Tom:
June 11, 1984
AREA COME 612
TELvHONX 454-4224
I am enclosing a letter that I would suggest be sent to Martin Shields
covering t e'options that could be used in bringing the assessments under
Project f/3 up to date. There may be other alternates that we have not
covered in a letter, but Br=- and I have talked about them and these appear
to be some t at could be used.
You note in the last paragraph that I mentioned that the City would file a
notice with the County Recorder that there are noncertified deferred assess-
ments in the event that a buyer does happen to come along and misses the assess-
ment. It is my understanding that the City has filed notices of this nature
and if you have, that you probably have a form to use for this purpose. If not,
we will help to prepare a form which should be notarized and all of the recording
information should be clearly on it.
I recalled that about the time that this assessment was originally levied that
I prepared an agreement that Martin was to sign which I'm certain he didn't
ever sign. It is important to be cautious on this type of project because, of
course, it is very similar to the Federal Land factual situation Ind a few
others that you have run up against.
Very truly yours,
Paul H. Hauge
City"Attorney - City of Eagan
skk
enclosure
BEA BLOMOUIST
. .T..Cc
THOMASEGAN
JAMES A, SMITH
JERRY THOMAS
THEODORE WACHTER
COONCIE MEMBERS
0
OF F -i
�EAGA"', A E50TA
PryO`E 4100
i dune 11, 1984
1
Mr. and Mrs. Martin Shields
1396 Lone Oak Road
Eagan, MN 55121
0
Re: Project $113 - Donnywood Addition Improvements
Dear Mr. and Mrs. Shields:
THOMASHEDGES
EUGENE VAN OVERBEKE
CITY CLERK
It has come to our attention that the improvements, including utilities and
street improvements under Project 11113 originally commenced in 1974 including
improvements along Towerview Road under Project 11113, have not been assessed
against your property. You may remember that at your request the City Council
deferred the assessments and again extended the deferrment on April 16, 1977,
for an additional three years.
Neither the City nor you arranged for a later extension or deferrment and the
original assessments, which were in the sum of $13,365.16, have not been levied
and have not been paid. We have calculated that at 8% simple interest which
was the assessment interest factor in effect at that time, would now result
in a principal balance, including the interest, of approximately $24,000. It
is our recommendation that due to the fact that the original assessment was
to be spread over 20 years, that the principal now be spread over ten remaining
years and that the assessment be levied.
This could be done in one of several ways:
1. The City could commence a new hearing and levy the assessments at the rate
in effect at.the present time.
2. The City could commence the assessment process and levy the assessments
based upon the 1974 rates plus 8% interest to the present time.
3. You, as the property owners, could waive notice of any hearing requirements
and allow the assessment to be levied at one of the two rates that are included
in the two options mentioned above.
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY.
0 0
Mr. and Mrs. Shields
June 11, 1984
Page Two
I would ask that you get back to me as quickly as possible because the City
Council, at its meeting on June 5, instructed the staff to proceed with the
assessments at the earliest possible time.
We will proceed to file a Notice with the County Recorder that there is an
assessment that was deferred in 1974 so that any potential purchaser would be
clearly aware of the deferred assessment.
Very truly yours,
Thomas A. Colbert
Public Works Director
skk
70 ■
3830 PILOT KNOB ROAD. P.O. BOX 21199
EAGAN. MINNESOTA 55121
PHONE: (612) 454-8100
July 20, 1984
RE: SPECIAL ASSESSMENT COMMITTEE MEETING - JULY 30, 1984
BEA BLOMQUIST
Mayor
THOMASEGAN
JAMES A SMITH
JERRY THOMAS
THEODORE WACHTER
Coumd Members
THOMAS HEDGES
City A6 ftator
EUGENE VAN OVERBEKE
ON Clerk
This letter is to inform you that the City of Eagan Special Assess-
ment Committee has scheduled a -meeting for Monday, July 30, 1984
at 4:30 P.M. to be held in the City Council Chambers at City Hall.
The purpose of this meeting will be to review your specific request
pertaining to special assessments. Your specific objection/request
will be forwarded to the Special Assessment Committee together with
background information as prepared by City Staff along with a re-
commendation for action. The Special Assessment Committee will
then review this information and make a recommendation to the City
Council for formal approval.
While your attendance at this Special Assessment Committee meeting
is not mandatory, it is recommended that you attend to explain in
further detail any information that you feel would be appropriate
in consideration of your request. The additional information will
be forthcoming in the near future under separate mailing.
If, for any reason, you cannot attend this Special Assessment
Committee meeting, please contact me as soon as possible so that
the Committee can be informed accordingly.
Sincerely,
L
Thomas A. Colbert, P.E.
Director of Public works
TAC:jbd
cc: Special Assessment Committee
City Attorney --
Special Assessment Clerk
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
PROJECT 372, I -35E UTILITY & STREET IMPROVEMENTS
Mr. Robert J. O'Neil
2040 Edgecumbe Road
St. Paul, MN 55116
(Parcel No. 10-01000-010-56)
Mr. Francis C. Franz
1620 Deerwood Drive
Eagan, MN 55122
(Parcel NO. 10-02100-010-50)
Mrs. Anna S. Heuer
1530 Deerwood Drive
Eagan, MN 55122
(Parcel No.10-02100-010-78)
PROJECT 349, EAST & WEST OF BLUE GENTIAN RD
Francis J. O'Neill
Michael E. Terry
820 O'Neill Drive
Eagan, MN 55121
(Parcel No. 10-53340-010-01)
Lot 1, O'Neill's First Add.
Mary K. O'Neill
830 O'Neill Drive
Eagan, MN 55121
(Parcel No. 10-53340-020-01)
Lot 2, O'Neill's First Add.
Kenneth L. Schmidt
810 O'Neill Drive
Eagan, MN 55121
(Parcel No. 01-53320-088-00)
Part of Lot 8, Robert O'Neill
Homestead)
Howard G. Stacker
c/o Stacker & Ravich
900 First Bank P1. W.
Mpls., MN 55402
(Parcel No. 10-53320-085-00,
Robert O'Neill Homestead)
(Parcel No. 01-53320-087-00,
Robert O'Neill Homestead)
(Parcel No. 10-53320-022-00,
Robert O'Neill Homestead)
(Parcel No. 10-00200-010-27)
(Parcel No. 10-00200-010-01)
Part of Lot 8,
Part of Lot 8,
Part of Lot 2,
NORWEST FIRST ADDITION - UTILITIES
William A. MacPherson
Norwest Properties, Inc.
4375 Multi Foods Tower
33 South 6th Street
Mpls., Mn 55402
(Lot 1, Block 1, Norwest 1st Add)
— STREETS &
STORM SEWER