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07/09/1987 - City Council SpecialMINUTES OF A REGULAR MEETING OF THE EAGAN SPECIAL ASSESSMENT COMMITTEE EAGAN, MINNESOTA JULY 9, 1987 A regular meeting of the Eagan Assessment Committee was held on Thursday, July 9, 1987 at 4:00 p.m. at the Eagan Municipal Center. Those present were Vice -Chair Tom Egan, Councilman Vic Ellison, Lay Member Vic Twaddell and Planning Commission member Dave Gustafson. Those absent were Chairperson Don Knight who had been hospitalized and Ron Voracek. It was further noted that Bill Rydrych had resigned from the Committee. Also present were Public Works Director Colbert and City Attorney Hauge. Councilmember Tom Egan chaired the meeting. AGENDA Twaddell moved, Gustafson seconded the motion to approve the agenda with the addition of the request of Dan Dolan regarding assessments for Projects #88, #237, #239A and #257, along Thomas Lake Road and County, Road #30. All voted yes. SPECIAL ASSESSMENT POLICY #87-1 - ZONING VS. STREET ASSESSMENT Public Works Director Tom Colbert reviewed with the City Council proposed Policy #87-1 consisting of street assessment classification vs. zoning/land use. The benefit from street improvement would be assessed by taking into consideration the existing zoning for land use of the adjacent property and the functional classification of the improved street in effect at the time of the final assessment hearing. The purpose of the policy would be to equitably reflect 1 the assessment obligations and benefits of adjacent property in relation to access requirements and limitations, traffic volume generations and distributions, and resulting roadway improvement standards and functional classifications. He discussed a street functional classification matrix and explained the new categories of uses, including Public Facilities and undeveloped Agricultural. Also, a new Commercial -Industrial street classification was included. PROJECT #372 - FRANCIS FRANZ AND ANNA HEUER Mr. Colbert explained that in the case of the Anna Heuer property on Deerwood Drive, there would be no further benefit until the upgrading or use, or that additional access would be acquired. In the case of Francis Franz, also on Deerwood Drive, the example of the current single access method would be used. The basic change relates to the undeveloped Agricultural access intended for residential equivalent, whereas, road user charge pays for the oversizing. In addition, there was discussion concerning a corner lot credit for R-1 and R-2. Ellison moved, Gustafson seconded the motion to rec approval of the policy to the City Council and note t dis arit as to the no access for R-1 and R-2 proposed to be ass ssed 008 0 total cost, and further that footnote No. 1 on the matrix uld apply to all zoned classes. All voted yes. As to the Franz and Heuer property, no action would be taken and only acknowledgement on the agenda. PROJECT #404 - PATRICK McCARTHY - UTILITIES LEXINGTON AVENUE TRUNK WATER MAIN 2 Colbert introduced the subject relating to Patrick McCarthy's objection to the final assessments considered at the hearing on September 17, 1985 which assessments were continued until a later date. $6,551.26 was the proposed assessment and he noted the trunk water main was available to the parcel. An appraisal had been prepared by Dan Dwyer for the City with a proposed increase in value of $18,000.00, thereby exceeding the amount of the assessments. Arnold Kempe, attorney, appeared on behalf of Pat McCarthy, who was also present and explained the objections. He stated that the water main was installed on Wescott Road and that the Lexington Ave. watermain would not be used with double frontage lots along Lexington Avenue. Councilman Egan indicated that the City must allow access to the watermain, and the City also proposed water lines to the west must connect to the Lexington Avenue watermain. Mr. Kempe suggested levying but deferring without interest until the connection takes place. The City would require connection to the Lexington Avenue watermain, according to Mr. Colbert, in addition to the Widgeon Way access to the north if the 40.acre McCarthy parcel develops. Mr. Twaddell recommended assessing at 100 feet until the 40 acreErdevelope4 for other than Agricultural purpo s. Twaddell moved, Ellison seconded the motion to recommend the City Council assess 100 feet frontage along Lexington Avenue for the trunk watermain until such time as the 40 acre parcel, or any portion, is developed for purposes other than Agricultural, with the assessment to be postponed and that a recordable agreement be prepared between the City and the property owners to provide for the assessment at 3 the then existing rate for the use developed. All members voted yes. Mr. Kempe indicated that Mr. McCarthy agreed with the recommendation. PATRICK MCCARTHY - PROJECT #411 - TRUNK STORM SEWER On January 16, 1986, the Special Assessment Committee met and reviewed the written objections submitted to the trunk area storm sewer assessment, proposed to be levied on September 15, 1985 regarding the Patrick McCarthy property under Project #411. Mr. Colbert described the action to date, and the proposal was to assess TU trunk storm sewer for 31 acres of the 70 acre parcel. Mr. Dan Dwyer's appraisal for the City indicated a benefit of $50,000.00 and it was recommended to reduce the assessment from x$60,680.12 to $50,000.00. Arnold Kempe and Mr. McCarthy appeared. /i( Mr. Kempe asked whether the Patrick -Eagan Park land was assessed, (� and also the municipal property along Pilot Knob Road. The purpose for the project was to allow an outlet and although the McCarthy I Pond could be filled, if used for Agricultural it ust be retained as a pond if developed. The outlet is required for development and clearly, there was a benefit to the property, according to the assessment committee members. The property is being assessed at the uniform rate and the park land doesn't prejudice the assessment a-"& was further noted that&/pond s credit being granted to the McCarthy property, so it was equitably assessed. A question arose as to the cost factor for the project in relation to the McCarthy property, including the downstream cost. Ellison moved, Twaddell seconded the motion to recommend that the 4 assessment be reduced to $50,000.00, indicating the City's policy is equitable and accurate, and that there is clearly a benefit in that amount to the McCarthy property. All voted yes. METRAM PROPERTIES - PROJECT #460 - NICOLS ROAD Project #460 provides for the upgrading of Nicols Road from its previous County Road section to a city urban section and the Metram Property parcel #011-54 is a portion of a larger 40 acre tract that was severed when the Cedar Avenue freeway was constructed. Mr. Colbert reviewed the request for reduction in assessments by Metram Properties and stated the objection was received at the feasibility hearing &OVAt he assessments are expected to be levied in 1988. He that the assessable frontage should be 1096.0 feet rather than 1260 feet and a substantial ,part ,,00f the property was acquired by MnDOT, therefore reducing the V to the remainder. Ted Tinker from Metram Properties was present and recommended a 10 to 15 year assessment. Construction is scheduled to begin in August of 1987 for the improvements, according to Mr. Colbert. Mr. Tinker claimed that much of the property is unusable and possibly only 508 of the land is buildable because of its very narrow configuration. He agreed with the recommendation eltated that 1,036 is the proper frontage. Ellison moved, Twaddell seconded the motion to recommend one-half of the frontage be assessed for the street improvements. Mr. Gustafson stated that it was his opinion that the assessment is excessive because of'the configuration of the parcel. All members voted in favor. BRANDT MANAGEMENT COMPANY - PROJECT #460 - NICOLS ROAD A request from William Brandt objecting to the proposed 5 assessments for NicolS Road to Lots 1, 2, and 3, Cedarview Addition, consisting of three office buildings, was withdrawn by Mr. Brandt. Egan moved, Ellison seconded the motion to acknowledge the withdrawal objection. All voted affirmatively. ELLERBE, INC. - PROJECT #428 - STORM SEWER KENNEBEC DR./CEDAR INDUSTRIAL PARK Project #428, according to Mr. Colbert, provided for the installation of the trunk storm sewer system for t Cedar Industrial Park with its outlet to the Minnesota River and also included the construction of Kennebec Drive and a portion of Blackhawk Road. A public hearing on the project was held on February 19, 1985 and final assessment hearing on September 16, 1986. Ellerbe, Inc. had objected to the assessments on its property on Highway #13 and the staff recommended no revision and noted the proposed Ultra IV project will connect to the existing storm sewer line.\ 1ifn Colton, attorney, appeared on behalf of the applicant and had \\ questions. She introduced a letter dated August 8, 1980 from Bob Rosene, the consulting engineer, indicating there would be no assessments to the Ellerbe property for Project #297 wh�re+l-was noted4,sOa different project, covering onlyorm sewer crossing of Highway #13. That letter also indicated there would be a future improvementT,,a�'"'' n�dd_assessment. Ms. Coltt9nstated that Ellerbe's position was no consideration nt15e easement and objected that the easement was granted in lieu of assessments. Noting that the letter related to a earlier project, Twaddell moved, Gustafson seconded the motion to recommend approval of the assessment, based upon the benefit to the Ellerbe property. All members voted yes. O'NEIL POND - STORM SEWER - PROJECT #443 The next assessment project that was reviewed related to Project #443 specifically dealing with the'Robert O'Neil objections to the pond storm sewer improvements. A final assessment hearing was held on August 19, 1986 and objections were received from the O'Neils at that time. Attorney Ger uffy appeared on behalf of the O'Neils, as did Mr,, and Mrs. O'Neil and John Klein. Mr. Duffy objected to all the assessments and'stated that he was not prepared to make Q.sp Ji requests for recommendations regarding the project. He //however, that the pond location is i the wrong place on the property, but had no other specific Mr. Twaddell asked why the O'Neils had no specific objections to the assessments, noting the hearing was held in August of 1986. Mr. Duffy's answer was that there were other issues in dispute with the City and they had precluded drawing any onclusions regarding assessments. Ar S�-04 Mr. Colbert skated. the purpose of the Assessment-Committee is to review the application of the assessmen s and to d al with specific objections. All assessment policies have been applied uniformly, according to Mr. Colbert, relating to the O'Neil property. He further stated that the O'Neils had b,2�!,p offered a choice of locations for the ponds and chose not toy(\ , and that the City had no objection to changing the location in the future. Mr. Duffy warned of an assessment appeal and it was further noted that the relocation of the ponds would affect the assessments only if the pond area is changed. Mr. Duffy strongly recommended delaying the hearing on the assessments, and Councilman Ellison also recommended a continuance. An appraisal had been prepared by Mark Parranto for 7 the City, stating that the increase in value was $158,000.00. Member Gustafson drecommeend 4 approval of the assessments as proposed, but the \Council should evaluate the two existing legal actions and the potential for the assessment appeal; further, in the event that the configuration of the ponds change, that the assessments then be reviewed. Twaddell seconded the motion and all WILLARD BERFELZ - PROJECT #179 - TRUNK AREA WATER The objection of Willard Berfelz regarding assessments to his property on Highway #149 under Project #179 next came before the committee. Mr. and Mrs. Berfelz were present and Mr. Colbert viewed earlier letters, including two letters of 1976 regarding assessments for watermain oversizing under Project #179. The proposed assessments were $4,603.00 for parcel 010-28 and $1,950.62 for parcel 010-12. Trunk area water assessments should have been levied and it was questioned whether deferred or excluded 1976 The difference would be $702.10 based on 1986 rates, and $564.72 based on 1976 rates with 88 interest per year. in Twaddell moved, Egan secoDdtR41 the motion to allow the reduction for both parcels, based uporl 197 ates plus the 88 interest factor, noting the difference regaring rcel 010-28 was $3,286.00 versus $2,383.00. All members voted in favor. DAN DOLAN - PROJECTS #88 & #237 - STREET & UTILITY IMPROVEMENTS Objection was received from Dan Dolan regarding �otal amount of assessments for improvements to an approximately 2 acre parcel on the east side of Thomas Lake Road at Diffley Road. The total amount 1.1 to of the assessments would be $43,483.00 and Mr. Colbert f Pl3 �c�r•ant ameun,tmo,f—p. €eF-2.2_a__s would create an excessively costly parcel to develo0 It is desirable to develop the 4 d to the east and it was suggested that the appraisal of4$24,000.00 increase in value plus $11,000.00 for County Road #30, be considered. Mr. Twaddell recommended not deferring the County Road #30 future assessment. Egan moved, Gustafson seconded the motion to recommend the assessment of $24,000.00 for the Thomas Lake Road improvement and $11,,000000..00 for future County Road #30 improvements,ge wh-ch cvII.si4EZed a compromise from the $43,483.O00 -p`-r� asses�L([smen�ts. _. _ q All members voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 8:00 p.m. City Clerk 9 PHH MINUTES OF A REGULAR MEETING OF THE EAGAN SPECIAL ASSESSMENT COMMITTEE EAGAN, MINNESOTA JULY 9, 1987 A regular meeting of the Eagan Assessment Committee was held on Thursday, July 9, 1987 at 4:00 p.m. at the Eagan Municipal Center. Those.present were Vice -Chair Tom Egan, Councilman Vic Ellison, Lay Member Vic Twaddell and Planning Commission member Dave Gustafson. Those absent were Chairperson Don Knight who had been hospitalized and Ron Voracek. It was further noted that Bill Rydrych had resigned from the Committee. Also present were Public Works Director Colbert and City Attorney Hauge. Councilmember Tom Egan chaired the meeting. AGENDA Twaddell moved, Gustafson seconded the motion to approve the agenda with the addition of the request of Dan Dolan regarding assessments for Projects #88, #237, #239A and #257, along Thomas Lake Road and County Road #30. All voted yes. SPECIAL ASSESSMENT POLICY #87-1 - ZONING VS. STREET ASSESSMENT Public Works Director Tom Colbert reviewed with the City Council proposed Policy #87-1 consisting of street assessment classification vs. zoning/land use. The benefit from street improvement would be assessed by taking into consideration the existing zoning for land use of the adjacent property and the functional classification of the improved street in effect at the time of the final assessment hearing. The purpose of the policy would be to equitably reflect the assessment obligations and benefits of adjacent property in relation to access requirements and limitations, traffic volume generations and distributions, and resulting roadway improvement standards and functional classifications. He discussed a street functional classification matrix and explained the new categories of uses, including Public Facilities and undeveloped Agricultural. Also, a new Commercial -Industrial street classification was included. 1 Special Assess. Minutes July 9, 1987 PROJICT #373 = PNANCZN FNANZ AND ANNA HEUER Mr. Colbert explained that in the case of the Anna Heuer property on Deerwood Drive, there would be no further benefit until the upgrading or use, or that additional access would be acquired. In the case of Francis Franz, also on Deerwood Drive, the example of the current single access method would be used. The basic change relates to the undeveloped Agricultural access intended for residential equivalent, whereas, road user charge pays for the oversizing. In addition, there was discussion concerning a corner lot credit for R-1 and R-2. Ellison moved, Gustafson seconded the motion to recommend approval of the policy to the City Council and note the disparity as to the no access for R-1 and R-2 proposed to be assessed at 1008 of the total cost, and further that footnote No. 1 on the matrix would apply to all zoned classes. All voted yes. As to the Franz and Heuer property, no action would be taken and only acknowledgement on the agenda. PROJECT #404 - PATRICK McCARTHY - UTILITIES LEXINGTON AVENUE TRUNK WATER MAIN Mr. Colbert introduced the subject relating to Patrick McCarthy's objection to the final assessments considered at the hearing on September 17, 1985 which assessments were continued until a later date. $6,551.26 was the proposed assessment and he noted the trunk water main was available to the parcel. An appraisal had been prepared by Dan Dwyer for the City with a proposed increase in value of $18,000.00, thereby exceeding the amount of the assessments. Arnold Kempe, attorney, appeared on behalf of Pat McCarthy, who was also present, and explained the objections. He stated that the water main was installed on Wescott Road and that the Lexington Ave. watermain would not be used with double frontage lots along Lexington Avenue. Councilman Egan indicated that the City must allow access to the watermain, and the City also proposed water lines to the west must connect to the Lexington Avenue watermain. Mr. Kempe suggested levying but deferring without interest until the connection takes place. The City would require connection to the Lexington Avenue watermain, according to Mr. Colbert, in addition to the Widgeon Way access to the north if the 40 acre McCarthy parcel develops. 2 Special Assess. Minutes July 9, 1987 Mr. Twaddell recommended assessing at 100 feet until the 40 acres is developed for other than Agricultural purposes. Twaddell moved, Ellison seconded the motion to recommend that the City Council assess 100 feet frontage along Lexington Avenue for the trunk watermain until such time as the 40 acre parcel, or any portion, is developed for purposes other than Agricultural, with the assessment to be postponed and that a recordable agreement be prepared between the City and the property owners to provide for the assessment at the then existing rate for the use developed. All members voted yes. Mr. Kempe indicated that Mr. McCarthy agreed with the recommendation. PATRICK MCCARTHY - PROJECT #411 - TRUNK STORM SEWER On January 16, 1986, the Special Assessment Committee met and reviewed the written objections submitted to the trunk area storm sewer assessment, proposed to be levied on September 15, 1965 regarding the Patrick McCarthy property under Project #411. Mr. Colbert described the action to date, and the proposal was to assess the trunk storm sewer for 31 acres of the 70 acre parcel. Mr. Dan Dwyer's appraisal for the City indicated a benefit of $50,000.00 and it was recommended to reduce the assessment from $60,660.12 to $50,000.00. Arnold Kempe and Mr. McCarthy appeared. Mr. Kempe asked whether the Patrick -Eagan Park land was assessed, and also the municipal property along Pilot Knob Road. The purpose for the project was to allow an outlet and although the McCarthy Pond could be filled, if used for Agricultural purposes, it must be retained as a pond if developed. The outlet is required for development and clearly, there was a benefit to the property, according to the assessment committee members. The property is being assessed at the uniform rate and the park land doesn't prejudice the assessment. It was further noted that a pond credit was being granted to the McCarthy property, so it was equitably assessed. A question arose as to the cost factor for the project in relation to the McCarthy property, including the downstream cost. Ellison moved, Twaddell seconded the motion to recommend that the assessment be reduced to $50,000.00, indicating the City's policy is equitable and accurate, and that there is clearly a ben --fit in that amount to the McCarthy property. All voted yes. 3 Special Assess. Minutes July 9, 1987 METRAM PROPERTIES - PROJECT #460 - NICOLS ROAD Project #460 provides for the upgrading of Nicols Road from its previous County Road section to a city urban section and the Metram Property parcel #011-54 is a portion of a larger 40 acre tract that was severed when the Cedar Avenue freeway was constructed. Mr. Colbert reviewed the request for reduction in assessments by Metram Properties and stated the objection was received at the feasibility hearing and the assessments are expected to be levied in 1988. He explained stated that the assessable frontage should be 1096.0 feet rather than 1260 feet and a substantial part of the property was acquired by MnDOT, therefore reducing the benefit to the remainder. Ted Tinker from Metram Properties was present and recommended a 10 to 15 year assessment. Construction is scheduled to begin in August of 1987 for the improvements, according to Mr. Colbert. Mr. Tinker claimed that much of the property is unusable and possibly only 508 of the land is buildable because of its very narrow configuration. He agreed with the recommendation but stated that 1,036 is the proper frontage. Ellison moved, Twaddell seconded the motion to recommend one-half of the frontage be assessed for the street improvements. Mr. Gustafson stated that it was his opinion that the assessment is excessive because of the configuration of the parcel. All members voted in favor. BRANDT MANAGEMENT COMPANY - PROJECT #460 - NICOLS ROAD A request from William Brandt objecting to the proposed assessments for Nicols Road to Lots 1, 2, and 3, Cedarview Addition, consisting of three office buildings, was withdrawn by Mr. Brandt. Egan moved, Ellison seconded the motion to acknowledge the withdrawal objection. All voted affirmatively. ELLERBE, INC. - PROJECT #428 - STORM SEWER KENNEBEC DR./CEDAR INDUSTRIAL PARK Project #428, according to Mr. Colbert, provided for the installation of the trunk storm sewer system for Cedar Industrial Park with its outlet to the Minnesota River and also included the construction of Kennebec Drive and a portion of Blackhawk Road. A public hearing on the project was held on February 19, 1985 and final assessment hearing on September 16, 1986. Ellerbe, Inc. had objected to the assessments on its property on Highway #13 and the staff recommended no revision and noted the proposed Ultra IV project will connect to the existing storm sewer line. 4 Special Assess. Minutes July 9, 1987 Alison Colton; attorney, appeared on behalf of the applicant and had questions. She introduced a letter dated August 8, 1980 from Bob Rosene, the consulting engineer, indicating there would be no assessments to the Ellerbe property for Project #297. It was noted that #297 was a different project, covering only the storm sewer crossing of Highway #13. That letter also indicated there would be a future improvement and assessment. Ms. Colton stated that Ellerbe's position was that no consideration was given for the easement and objected that the easement was granted in lieu of assessments. Noting that the letter related to a earlier project, Twaddell moved, Gustafson seconded the motion to recommend approval of the assessment, based upon the benefit to the Ellerbe property. All members voted yes. O'NEIL POND - STORM SEWER - PROJECT #443 The next assessment project that was reviewed related to Project #443 specifically dealing with the Robert O'Neil objections to the pond storm sewer improvements. A final assessment hearing was held on August 19, 1986 and objections were received from the O'Neils at that time. Attorney Gerald Duffy appeared on behalf of the O'Neils, as did Mr. and Mrs. O'Neil and John Klein. Mr. Duffy objected to all the assessments and stated that he was not prepared to make specific requests for recommendations regarding the project. He explained, however, that the pond location is in the wrong place on the property, but had no other specific proposals. Mr. Twaddell asked why the O'Neils had no specific objections to the assessments, noting the hearing was held in August of 1986. Mr. Duffy's answer was that there were other issues in dispute with the City and they had precluded drawing any conclusions regarding assessments. Mr. Colbert mentioned the purpose of the Assessment Committee is to review the application of the assessments to property and to deal with specific objections. All assessment policies have been applied uniformly, according to Mr. Colbert, relating to the O'Neil property. He further stated that the O'Neils had been offered a choice of locations for the ponds and chose not to specify them, and that the City had no objection to changing the location in the future. Mr. Duffy warned of an assessment appeal and it was further noted that the relocation of the ponds would affect the assessments only if the pond area is changed. Mr. Duffy strongly recommended delaying the hearing on the assessments, and Councilman Ellison also recommended a continuance. An appraisal had been prepared by Mark Parranto for the City, stating that the increase in value was $158,000.00. Member Gustafson moved to recommend approval of the assessments as proposed, but the Council should evaluate the two existing legal actions and the potential for the assessment appeal; further, in the event that the configuration of the ponds change, that the assessments then be reviewed. Twaddell seconded the motion and all voted yes. 5 Special Assess. Minutes July 9, 1987 WILLARD BERFELZ - PROJECT #179 - TRUNK AREA WATER The objection of Willard Berfelz regarding assessments to his property on Highway #149 under Project #179 next came before the Committee. Mr, and Mrs. Berfelz were present and Mr. Colbert reviewed earlier letters, including two letters of 1976 regarding assessments for watermain oversizing under Project #179. The proposed assessments were $4,603.00 for parcel 010-28 and $1,950.62 for parcel 010-12. Trunk area water assessments should have been levied and it was questioned whether they were deferred or excluded in 1976. The difference would be $702.10 based on 1986 rates, and $564.72 based on 1976 rates with 88 interest per year. Twaddell moved, Egan seconded the motion to allow the reduction for both parcels, based upon 1976 rates plus the 88 interest factor, noting the difference regarding parcel 010-28 was $3,286.00 versus $2,383.00. All members voted in favor. DAN DOLAN - PROJECTS #88 & #237 - STREET & UTILITY IMPROVEMENTS Objection was received from Dan Dolan regarding the total amount of assessments for improvements to an approximately 2 acre parcel on the east side of Thomas Lake Road at Diffley Road. The total amount of the assessments would be $43,483.00 and Mr. Colbert stated that would create an excessively costly parcel to develop for 2.2 acres. It is desirable to develop the parcel with the land to the east and it was suggested that the appraisal of a $24,000.00 increase in value plus $11,000.00 for County Road #30, be considered. Mr. Twaddell recommended not deferring the County Road #30 future assessment. Egan moved, Gustafson seconded the motion to recommend the assessment of $24,000.00 for the Thomas Lake Road improvement and $11,000.00 for future County Road #30 improvements, which is a compromise from the $43,483.00 levied and pending assessments. All members voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 8:00 P.M. PHH City Clerk HAUGE, EIDE & KELLER, P.A. ✓'lllarn ! al �aY' PAUL M. MAUGE KEVIN W. EIDE TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 DAVID G. KELLER 1260 YANKEE DOODLE ROAD LORI M. BE LLIN EAGAN. MINNESOTA 55123 DEBRA E. SCHMIDT (612) 456-9000 August 25, 1987 Dakota County Tribune 1525 East Highway 13 Burnsville, MN 55337 RE: Notice of Public Hearing Gentlemen: Enclosed please find one copy/copies of a Notice of Public Hearing regarding delinquent utilities billings in Eagan Please publish the enclosed notice(s) for one week(s) in your August 27, 1987 • gxdx issue(s). After publication, please submit your Affidavit of Publication to our office. Very truly yours, HAUGE, EIDE & KELLER, P.A. David G. Keller DGK:jjm Enclosure cc: Tom Colbert Deanna Kivi PUBLISHED NOTICE OF ASSESSMENT HEARING CITY OF EAGAN DAKOTA COUNTY, MINNESOTA 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 15, 1987 at 7:00 p.m. to consider the proposed assessment of delinquent utilities billings in Eagan. The area proposed to be assessed is 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 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. Further information relating to these assessments may be obtained from the Special Assessment Division of the Public Works Department and any questions should be directed to that Division. Dated: August 25, 1987 /s/ E. J. VanOverbeke E. J. VanOverbeke City Clerk - City of Eagan PUBLISHED NOTICE OF ASSESSMENT BEARING CITY OF EAGAN DAKOTA COUNTY, MINNESOTA 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 7 Pilot Knob Road, in said City on �� "G.�� /S at 7:00 p.m. to consider the proposed assessment of dQ( relatin provemen owing a: Is The area proposed to be assesses ^* f y -� ^ is ly oescribea in the assessment roll on file with the City Clerk in his office, which roll is open to public inspection. Tih� amount of the—p•roposaa aesassmant ie $ Written or oral objections 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 notce 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 435 193 to is further given relVet enior oraines spesment a pars c assld cr aefbe ma the ty Citize hara hat th Eagan agains homeat age r older kto f haraship n later th t pursuant Minnesota a [es, Sec i n (ad Eagan as a opted City tode Section 5 ip ape ial a seasmed[ defe ral. T 's City ouncit may def r the aymen o a pro rty, wh' h is o eo and occup ed by reti ea by vir ue of iaabili wh n t e the proper own r. Appli at onsf 90 ave after t a essment is aaoated. Further information relating to these assessments may be obtained from the Special Assessment Division of the Public Works Department and any questions should be airectea to that Division. Dated: E. J. VanOverbeke City Clerk - City of Eagan HAUGE, EIDE & }SELLER, P.A. .J�I[[] /I) IIOTPyS OI ehCY' TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE. ROAD EAGAN. MINNESOTA 55123 (612) 456-9000 November 18, 1987 Mr. William Soules Attorney at Law 210 National City Bank Bldg. 1809 Plymouth Road South Minnetonka, MN 55343 RE: City of Eagan - Special Assessments Dear Mr. Soules: PAULH.HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SGMMIDT THOMAS P. LOWE Tom Hedges forwarded a copy of your letter dated October 9, 1987, where you had certain questions regarding special assessments in Eagan. I will try to answer them to the best of my ability. 1. Is the practice of "upgrading" assessments at the time of rezoning or platting based upon state law, or upon local policy? Please furnish available citations supporting your answer. ANSWER: MSA 429.071 entitled "Supplemental Assessments and Reassessments" is the statutory basis for upgrading assessments at the time of rezoning or platting. It provides for notice to the owner and hearing. The hearing in regard to platting or zoning required under MSA 462 would appear to cover the hearing requirements, and in the event that there are improvements under Chapter 429 that are requested to be installed by the City, again a public hearing would be required. In addition, I am enclosing a ccoy of Eagan Policy 82-1 relating to special assessments approved by the City Council on July 6, 1982, which defines the Eagan Policy on the issue. See also OAG 396-G-7, 408-C, Sept. 1, 1953, and OAG 408-C, May 2, 1967, all of which are cited in the notes to MSA 429.071. 2. Is the practice of assessing for an improvement that was paid for by the state or the county based upon state law, or upon local policy? Please furnish available citations supporting your answer. ANSWER: The answer to this question is found under MSA 429.051 and provides that the cost of any improvement or part may be assessed upon property benefited by the improvement, based upon the benefits received, whether or not the property abuts on the improvement, and whether or not any part of the cost of the improvement or any part thereof, may be assessed against the County State Aid Highway Fund, the Municipal State Aid Street Fund, or the Trunk Highway Fund. See also the cases under Note of Decision No. 1. Mr. William Soules November 18, 1987 Page 2 3. In connection with projects 254, 316 and County Road 32 reconstruction, please indicate in each instance, the total project cost, if any, incurred by the City of Eagan and the total amount that was assessed. ANSWER: I have asked Tom Colbert to supply this information to you. Very truly yours, HAUGE, EIDE & KELLER, P.A. Paul H. Hauge PHH:ras cc: Thomas Hedges Thomas Colbert SPECIAL ASSESSMENT COMMITTEE MEETING JULY 9, 1987 4:00 P.M. CITY HALL - EAGAN MN AGENDA I. 4:00 - ROLL CALL II. 4:02 - REVIEW/ADOPT AGENDA III. 4:05 - OLD BUSINESS P• A. Review/Adopt Special Asessment Policy 487-1 - Zoning vs. Street Assessment B. Project 372, I -35E - Utilities & Streets (Deerwood Drive) P•q 1. Francis C. Franz (10-02100-010-50) P.q 2. Anna S. Heuer, (10-02100-010-78)' C. Project 404, Lexington Place Addition - Utilities (Lexington Avenue Trunk Watermain) P• S 1. Patrick McCarthy (10-01500-013-76) D. Project 411, Patrick Eagan Park - Trunk Storm Sewer Q./2. 1. Patrick McCarthy (10-02200-011-04) IV. 5:30 - ADJOURN (Dinner Break) V. 6:00 - RECONVENE VI. NEW BUSINESS A. Project 460, Nicole Road P•19 1. Metram Properties (10-01900-011-54) P AS 2. Brandt Mgmt. Company (Lots 1, 2 & 3, Cedarview Addn.) B. Project 428,'Kennebee Dr./Cedar Industrial Park -Storm Sewer P.;L7 1. Ellerbe, Inc. :(Tract F, RLS 44,019-00) C. Project 443, O'Neil Pond Storm Sewer p.35 1. Robert O'Neil (10-01000-010-77 & 10-01000-010-56) D. Project 179, General Trunk Area Water P.4, 1. Willard Berfelz (10-03800-010-12) VII. OTHER VIII. ADJOURN III. OLD BUSINESS B. PROJECT 372, I -35E - UTILITIES & STREETS (DEERWOOD DRIVE) 1. Francis C. Franz (10-02100-010-50) 2. Anna S. Heuer (10 -02100 -010 -78T --- BACKGROUND INFORMATION This item was previously reviewed by the Special Assessment Committee on October 9, 1984, and again on January 16, 1986, at which time the Special Assessment Committee adopted a modified Special Assessment for these two properties. This item was inadvertently included on this agenda and does not need any further committee review or action. STAFF RECOMMENDATIONS This item be addressed due to the notifications that were sent out but that no action be taken. COMMITTEE RECOMMENDATIONS/COMMENTS _ -17F- - --- - - - -== - -fie- ---- - -- - -- --_ = -` - - FZ - ---- - - - - ----- - --- - - - --- -- -�� - - q 144 tee- _ --- - - ---------- - --- -- -- _/ S Cour EAGAN A regular meeting of the Eagan Assessment Committee was held on Thursday, July 9, 1987 at ,4.;,00_ p.m..: akKhe Eagan Municipal Center. Those present wereVice-Cha1C:i1'�i'3ogi::ant:Eouncilman Vic Ellison, Lay Member Vic Twaddell and P1' *:'h*' -n"' member Dave Gustafsoni4&q Those absent were Chairperson Do.i Knic:FfE who had been hospitalized and Abn1-Mor1a Bill Rydrych^ °'dad resigned from the Committee,.:::•'Alsq::;present were Public Works Director Colbert and City AoYttey''I:ig:' n �� Councilmember Tom Egan chaired the meeting. AGENDA Twaddell moved, Gustafsbri:::::S,c.onded the motion to approve the agenda with .the addition of:>::tte:;:.::r.equest of Dan Dolan regarding assessments Projects #88,.237;''n:239A and #257, along Thomas Lake Road and County Road #30.*::iAll.v.pte:d:::yes. SPECIAL ASSESSMENT POLICY #87-1 - ZONING VS. STREET ASSESSMENT Public Works Director Tom Colbert reviewed with the city council proposed .Policy #8'7-1 consisting of frt-deet. assessment�,4aassi. ic`a�ion vs. zoning/land use: The •bQn.€it.:;.:.>..om;.street improvement would be assessed by taking into c?ii$1cle;ti:;e existing zoning for land use of the adjacent property and the functional classification of the improved street in effect at:;:::'he :;time of the final assessment hearing.' The purpose' of the poT:icy be to equitably reflect the assessment obligations and bPnefits:;:::of adjacent property in relation to access requirements and ':limitations, traffic volume generations and distributions, and resulting roadway improvement standards and functional classifications. He discussed a street functional classification matrix and explained the new categories of uses, including Public Facilities and:.: undeveloped Agricultural. Also, a new Commercial-Industrial::::::3treet classification was Special Assess. Minutes July 9« 1487 � � Mr. Colbert explained , hat4 ^ OLFThe basic change celates to the undeveloped Agricultural acoesa+�foc residential equivalent, whereas, road user charges *�� '��'c the onersioiog~ In addition, ussimu concerning a corner � Ellison moved, Gustafson the motion to recommend app� the � t0 b and note the disparity as 'y to ��°^~'r *:���~�8~l to be assessed at l00� O� / "^^e�oo acceo~*�"r a o / the total cost, and furtb e No. l on the matrix would apply to all zoned classes. All voted yea. Eno action would 6e-�'-L� and PROJECT UTILITIES LEXINGTON ^ Ph k Mr" Colbert introduced t relating to Patrick ��cCartbl''u objection assessments 000sidered at the hearing on September i�.,b assessments were continued until a 55l 2G the pc0��Voed assessment and be noted � o��l���������main x/as'--��llable to the parcel. An appraisal had been prepared by Dau Dwyer for the City with a proposed increase in value of $18v000^00, thereby exceeding the amount of the aaseomouedto, Arnold 8eoopev attorney � ebal� of Pat McCarthy, who was also present, and eol�laioed ob tioos. He stated that the water main was installed on Wesoo Ro od that the Lexington Ave. watermaiu would not be used �-I*tb ble frontage lots along Lexington Aveuoe, Councilman Egan- iodi'6�ited that the City moot allow access to the waternmaiuv and tbe City also proposed water lines to the west must connect to the Lexington Avenue watecmaiu" Mr. Dempe suggested levying but deferring without interest until the connection takes place. The City would c goice connection to the Lexington &neooe watecmaiov according t r. Colbert, in addition to the Widgeon Way aooeoo to the north 40 acre McCarthy parcel develops. : 'Special Assess. Minutes July 9, 1987 Mr. Twaddell recommend: ...::' ssess: iig::::::::at 100 feet until the 40 acres is developed for ot~hk�e' t:tan Agr .-d:tiltural purposes. Twaddell moved, Ellison seconded tt motion td:* recommend that the City Council assess 100 feet' fx;Ontage al4T?g:: Lexington Avenue for the trunk watermain until su6X::;time a$::::*:the 40 acre parcel, or any portion, is developed for put:iis s:::;4: #ter than Agricultural, with the assessment to be postponed a'rict :::tlia't a recordable agreement be prepared between the City and the property owners to provide for the assessment at the then existing rate for the use developed. All members voted yes. Mr. Kempe indicated cCarthy agreed with the recommendation. """ PATRICK MCCARTHY - PROAtig.: #413*:::"L TRUNK STORM SEWER P/42Gt Y On January 16, 1986, tfi-i"Specf'a`-1''``Assessment Committee met and reviewed the written objections submitted to the trunk area storm sewer assessment, proposed to be levied on September 15, 1985 regarding the Patrick McCarthy property under Project #411. Mr. Colbert described the action to date, and the proposal was to assess the trunk storm sewer for:: �. acres of the 70 acre parcel. Mr. Dan Dwyer's appraisal for the G3:Cy:::knd:icated a benefit of $50,000.00 and it was recommended to reduce ''ttg:::::ass.e.ssment from $60,680.12 to $50,000.00. Arnold Kempe and Mt-. MtcCa:etliy appeared. Mr. Kempe asked whether::::::::•.t:h:6::::;:Pat'rick-Eagan Park land was as�esse _ and also the mur c3pa ' r pPer,� alo�}g �M o IRoad. the project::,an outlei�'and�ao� hough t9aPr rcould be filled if used for aricultural purposes, it µ1 Pki. ,`outlet must be retained as a pond if developedr Tth outlet is required for development and clearly, there was a benefit t,�,��o ppg�o .pe rty, according to the assessment committee members�'The'Tp�roperty is being assessed at the unrt•::•:.>afld the park land doesn't prejudice the asses sments:[k? r noted that a pond credit was being granted to the Mc6.C.thy pXoperty, so it was equitably assessed. A question arose as to the :::most :::factor for the project in relation to the McCarthy property, inclluding the downstream cost. Ellison moved, Twaddell seconded the motion to recommend that the assessment be reduced to $50,000.00, indicating the City's policy is equitable and accurate, and that there is clearly a benefit in that amount to the McCarthy property. All vo;t.ed yes. r7 Special Assess. Minutes July 9, 1987 METRAM PROPERTIES:0 - NICOLS ROAD Project #460 provides f'ot the upgrarlf'ing of Nicols Road from its previous County Road secti:¢ k. to a city-::::.vrban section and the Metram Property parcel #011-54 is a;: -:-Portion larger 40 acre tract that was severed when the Cedar':::::A?":e:iltli�::::f:'r'eeway was constructed. Mr. Colbert reviewed the request 'f6r:::>r:2d'iiction in assessments by Metram Properties and stated the objection was received at the feasibility hearing and the assessment asX,,%vxuected to be levied in 1988. He stated that the Aa{Zss frontage should be 1096.0 feet rather than 1260 feet and a.. sub stanti.gi. psrt of the property was acquired by MnDOT, there for::Ctuc:�tI:;t.Ae:benefit to the remainder. Ted Tinker from Metram Prope:r:ties w 't present and recommended a 10 to 15 year assessment. CO.rstruc.t:on is scheduled to begin in August of 1987 for the improvement5s:l. ac;t:prding to Mr. Colbert. Mr. Tinker claimed that much a::::t.fe`':lt;ppe:fty is unusable and possibly only 50% of the land i:"'builda6-1:e because of its very narrow configuration. He agreed with reco nm e d�_a.t,iyI p, _t�-yt� stated that 1,036 is the proper frontages Ellison ove , Twa e l seconded the motion to recommend•n•�n_ f o,f the frontage be assessed for the street improvementsn �'Mt`�ustafson stated that it was his opinion that the assessment 125 exces:s.lve because of the configuration of the parcel. All members voted :rj::;::favor. BRANDT MANAGEMENT COMPANY - PRLIJECT,#460 - NICOL$ ROAD A request from Williaak;:::::?;73r'aridt objecting to the proposed assessments for Nicols Road-':.'.*' 'Lots 1, 2, and 3, Cedarview Addition, consisting of three office buildings, was withdrawn by Mr. Brandt. Egan moved, Ellison seconded the motion to acknowledge the withdrawalvobjection. All voted affirmatively. . o� ELLERBE, INC. :^:RL7�7:R:{f9Z:i:- STORM SEWER KENNEBEC DR./CEDAR.INDUSTRIAL PARK Project #428, according ta::Mr. ;:: o1bert, provided for the installation of the trunk storrt-::3sewec system for Cedar Industrial Park with its outlet to the Minnesota River and also included the c nstruc on of Kennebec Drive a a ort'on of Blackhawk Road. A i.v u. SP S$/NP t,� Tv v.�C v r, el �- s Kearing on the projec �` was tie ion Fe_brp�r 16 1r9s,85 fang a final assessment hearing on September 16, 1986 E er e, Inc. had objected to the assessments on its prq:perty on Highway #13 and the staff recommended no revision and go:ted the proposed Ultra IV project will connect to the existing st&ein sewer line. 'Special Assess. Minutes July 9, 1987 Alison Colton, attorne `'s `: :eaE; ;;:tiit;;behalf of the applicant and had questions. She introdut;6do. a letter-: dated August 8, 1980 from Bob Rosene, the consultf:rig engineer,'h'iidicating there would be no assessments to the Ellerbe Piiioperty for,::: -Project #297. It was noted that #297 was a different ':*o.ject, .:..: avering only the storm sewer crossing of Highway #13. T1:a::::1e: ;t:�Y::::.also indicated there would be a future improvement and as'se:s;�tainff Ms. Colton stated that Ellerbe's position was that no consideration was given for the easement and objected that the easement was granted in lieu of assessments. Noting that the letter related to a earlier project, Twaddell moved, Gustafson seconded the..motion to recommend approval of the assessment, based to the Ellerbe property. All members voted yes. O'NEIL POND — ST�hO.RNI; SEWER:`:: -'.'PROJECT #443 u—o/0-77 e o/o-SG The next assessment proy'ec''i thati:ia2`s reviewed related to Project #443 specifically dealing with the Robert O'Neil objections to the pond,' storm sewer improvements. A final assessment hearing was held on August 19, 1986 and objections were received from the O'Neils at that time. Attorney Gerald Duffy appeared on behalfof the O'Neils, as did Mr. and Mrs. O'Nei1::::;aFld John Klein. Mr. Duffy objected to all the assessments and that he was not prepared to make specific requests for recommeric]'a:C0ri:9:;::x.egarding the project. He explained , however, that the pand Iaaa:tl'on is in the wrong place on the property, but had no ot?er sFerwi:fc proposals. Mr. Twaddell asked why the O'Neils had no spc3C::::otij'ections to the assessments, noting the hearing was held;:;Yt::A 9:iist of 1986. Mr. Duffy's answer was that there were other iSsiies in dispute with the City and they had precluded drawing any conclusions regarding assessments. Mr. Colbert mentioned the purpose of the Assessment Committee is to review. the application of the assessments to property and to deal with specific objections. have have been applied uniformly, according to yhF:;::::::Gp1Le:E::: relating to the O'Neil property. He fufthey stated thht the 04lls :�i4d been offered a choice of locations for the ponds and chosd-xbot td specify them, and that the City had no objection to changing the location in the future. Mr. Duffy warned of an assessment appeal and it was further noted that the relocation of the ponds would affect the assessments only if the pond area is changed. Mr. Duffy strongly recommended delaying the hearing on the assessments, and Councilman Ellison also recommended a continuance. An appraisal had been pc�pared by Mark Parranto for the City, stating that the increase,''.'in value was $158,000.00. Member Gustafson moved to re::o ffi ssc]:;::B:p:P%bval of the assessments as proposed, but the Council ' htitx;::d:::::; MI.` 4te the two existing legal actions and the potential for the assessment appeal; further, in the event that the configuration of tle:: ponds change, that the assessments then be reviewed. Twaddell::::9econded the motion and all voted yes. 5 Special &aoeos^ Minutes July 9, 1987 W%LL&RD BORFELZ TRUNK AREA WATER P ��0[)^o/0'/;� The objection of �Villac�'�� ���'' regarding assessments to his property on Highway #149 Project #179 next came before the Committee" Mr. and Mca" Qerfelz were present and Mr. Colbert reviewed earlier letters, including two letters of 1976 regarding � amaesoo`euto for watecmaiu ovecaioiog under Project #178^ The proposed assessments were 4:. arcel 010-28 d $1,950.62 for parcel 010-12'-A 7���uu�"���cc�� levied and it »rns questioned wu in 1976. The difference would be..$702.10. based on 1986 rates, and $564.72 based on 19Z6 rates witK-:: Twaddell moved, Egan se:0:b:h'd-dc1 thi�.::::::ffotion to allow the reduction for both parcels, based upon 1976 rate s plus the 8% interest factor, All members voted in favor. DAN D0L&0 - E,8DJ PDOVEMENTS 6 Asoo- 016 -01s- Objeotiuo was received regarding the total amount of assessments for impcov nzimatell, 2 acre parcel on the east side of Thomas La �Ie�/ Road. The total amount of the assessments would b 00 and Mr. Colbert stated that would create an excessivetl}/ parcel to develop for 2"2 acres. It is desirable to develop�tbe parcel with the laud to the east and it was suggested that the- appraisal of a$U increase in value plus $ll,UOO^OO f0 bo�ut}, 8oad �] e oon�idered^ Mr" Twaddell recommended not deferring the County Road #30 future amse8omedt^ Egan moved, it"Gustaf s0u motion to recommend the o� �24,O00"0O fo Lake Road imprOnmm�eotSaod $11'000.00 for fut ontl' 3 improvements, vvbicb is a compromise from thld-d�A83.00 aoaeaomeuto^ All members voted yes./^ 6«ff�~«� �;� ��f"~e- ADJOURNMENT Upon motion duly made and second the meeting adjourned at 9RB City Clec 6 MINUTES OF A REGULAR MEETING OF THE EAGAN SPECIAL ASSESSMENT COMMITTEE EAGAN, MINNESOTA JULY 9, 1987 A regular meeting of the Eagan Assessment Committee was held on Thursday, July 9, 1987 at 4:00 p.m. at the Eagan Municipal Center. Those present were Vice -Chair Tom Egan, Councilman Vic Ellison, Lay Member Vic Twaddell and Planning Commission member Dave Gustafson. Those absent were Chairperson Don Knight who had been hospitalized and Bill Rydrych who had resigned from the Committee. Also present were Public Works Director Colbert and City Attorney Hauge. Councilmember Tom Egan chaired the meeting. AGENDA Twaddell moved, Gustafson seconded the motion to approve the agenda with the addition of the request of Dan Dolan regarding assessments against Parcel 10-02800-010-25 from Projects #88, #237, #239A and #257, along Thomas Lake Road and County Road #30. All voted yes. SPECIAL ASSESSMENT POLICY #87-1 - ZONING VS. STREET ASSESSMENT Public Works Director Tom Colbert reviewed with the City Council proposed Policy #87-1 consisting of assessments based on street classification vs. zoning/land use. The benefit from street improvement would be assessed by taking into consideration the existing zoning for land use of the adjacent property and the functional classification of the improved street in effect at the time of the final assessment hearing. The purpose of the policy would be to equitably reflect the assessment obligations and benefits of adjacent property in relation to access requirements and limitations, traffic volume generations and distributions, and resulting roadway improvement standards and functional classifications. He discussed a street functional classification matrix and explained the new categories of uses, including Public Facilities and undeveloped Agricultural. Also, a new Commercial - Industrial street classification was included. The basic change relates to the undeveloped Agricultural access intended for residential equivalent, whereas, road user charges would continue to pay for the oversizing. In addition, there was discussion concerning a corner lot credit for R-1 and R-2. "j Special Assess. Minutes July 9, 1987 Ellison moved, Gustafson seconded the motion to recommend approval of the policy to the City Council and note the disparity as to the local street/no access category for R-1 and R-2 zoning proposed to be assessed at 1008 of the total cost, and further that footnote No. 1 on the matrix would apply to all zoned classes. All voted yes. PROJECT #372 - FRANCIS FRANZ AND ANNA HEUER Mr. Colbert explained that this item was inadvertently placed on the Agenda and that no action was necessary beyond the January 16, 1986 meeting and only acknowledgment of this item was necessary. PROJECT #404 - PATRICK MCCARTHY - UTILITIES LEXINGTON AVENUE TRUNK WATER MAIN - PARCEL 10-01500-013-76 Mr. Colbert introduced the subject relating to Patrick McCarthy's objection to the final assessments considered at the hearing on September 17, 1985 which assessments were continued until a later date. $6,551.26 was the proposed assessment and he noted the lateral benefit from the trunk water main was readily available to the parcel. An appraisal had been prepared by Dan Dwyer for the City with a proposed increase in value of $18,000.00, thereby exceeding the amount of the assessments. Arnold Kempe, attorney, appeared on behalf of Pat McCarthy, who was also present, and explained the objections. He stated that the water main was installed on Wescott Road and that the Lexington Ave. watermain would not be used with double frontage lots along Lexington Avenue. Councilman Egan indicated that the City must allow access to the watermain, and the City also proposed water lines to the west must connect to the Lexington Avenue watermain. Mr. Kempe suggested levying but deferring without interest until the connection takes place. The City would require connection to the Lexington Avenue watermain, according to Mr. Colbert, in addition to the widgeon Way access to the north if the 40 acre McCarthy parcel develops. Mr. Twaddell recommended assessing at 100 feet until the 40 acres is developed for other than Agricultural purposes. Twaddell moved, Ellison seconded the motion to recommend that the City Council assess 100 feet frontage along Lexington Avenue for the trunk watermain until such time as the 40 acre parcel, or any portion, is developed for purposes other than Agricultural, with the assessment to be postponed and that a recordable agreement be prepared between the City and the property owners to provide for the assessment at the then existing rate for the use developed. All members voted yes. Mr. Kempe indicated that Mr. McCarthy agreed with the recommendation. 2 Special Assess. Minutes July 9, 1987 PATRICK McCARTHY - PROJECT #411 - TRUNK STORM SEWER PARCEL 10-02200-011-04 On January 16, 1986, the Special Assessment Committee met and reviewed the written objections submitted to the trunk area storm sewer assessment, proposed to be levied on September 15, 1985 regarding the Patrick McCarthy property under Project #411. Mr. Colbert described the action to date, and the proposal was to assess the trunk storm sewer for 31 acres of the 70 acre parcel. Mr. Dan Dwyer's appraisal for the City indicated a benefit of $50,000.00. and it was recommended to reduce the assessment from $60,680.12 to $50,000.00. Arnold Kempe and Mr. McCarthy appeared. Mr. Kempe asked whether the Patrick -Eagan Park land was assessed, and also the municipal property along Pilot Knob Road. A result of the project provided an outlet for the McCarthy Pond and although it could be filled if used for Agricultural purposes, it must be retained as a pond if developed to a higher use. The outlet is required for development and clearly, there was a benefit to the property, according to the assessment committee members and the City Appraiser. The property is being assessed at the uniform rate and the park land doesn't prejudice the assessment. It was further noted that a pond credit was being granted to the McCarthy property, so it was equitably assessed. A question arose as to the cost factor for the project in relation to the McCarthy property, including the downstream cost. Ellison moved, Twaddell seconded the motion to recommend that the assessment be reduced to $50,000.00, indicating the City's policy is equitable and accurate, and that there is clearly a benefit in that amount to the McCarthy property. All voted yes. METRAM PROPERTIES - PROJECT #460 - NICOLS ROAD PARCEL 10-01900-011-54 Project #460 provides for the upgrading of Nicols Road from its previous County Road section to a city urban section and the Metram Property parcel #011-54 is a portion of a larger 40 acre tract that was severed when the Cedar Avenue freeway was constructed. Mr. Colbert reviewed the request for reduction in assessments by Metram Properties and stated the objection was received at the feasibility hearing and the assessments are expected to be levied in 1988. He stated that the calculated frontage should be 1096.0 feet rather than 1260 feet and a substantial part of the property was acquired by MnDOT, therefore reducing the benefit to the remainder. 3 Special Assess. Minutes July 9, 1987 Ted Tinker from Metram Properties was present and recommended a 10 to 15 year assessment. Construction is scheduled to begin in August of 1987 for the improvements, according to Mr. Colbert. Mr. Tinker claimed that much of the property is unusable and possibly only 50% of the land is buildable because of its very narrow configuration. He agreed with the recommendation but stated that 1,036 is the proper frontage, based on a survey recently completed. Ellison moved, Twaddell seconded the motion to recommend one-half of the frontage be assessed for the street improvements at the Commercial rate. Mr. Gustafson stated that it was his opinion that the assessment was still excessive because of the configuration of the parcel. All members voted in favor. BRANDT MANAGEMENT COMPANY - PROJECT #460 - NICOLS ROAD LOTS 1, 2 & 3, CEDARVIEW ADADITION A request from William Brandt objecting to the, proposed assessments for Nicols Road to Lots 1, 2, and 3, Cedarview Addition, consisting of three office buildings, was withdrawn by Mr. Brandt. Egan moved, Ellison seconded the motion to acknowledge the withdrawal of objection. All voted affirmatively. ELLERBE, INC. - PROJECT #428 - STORM SEWER KENNEBEC DR./CEDAR INDUSTRIAL PARK TRACT F, RLS #4, 019-00 Project #428, according to Mr. Colbert, provided for the installation of the trunk storm sewer system for Cedar Industrial Park with its outlet to the Minnesota River and also included the construction of Kennebec Drive and a portion of Blackhawk Road. A final assessment hearing on the project for trunk storm sewer was held on February 19, 1985 and a final assessment hearing on September 16, 1986 for the street and lateral storm sewer. Ellerbe, Inc. had objected to the assessments on its property on Highway #13 and the staff recommended no revision and noted the proposed Ultra IV project will connect to the existing storm sewer line. Alison Colton, attorney, appeared on behalf of the applicant and had questions. She introduced a letter dated August 8, 1980 from Bob Rosene, the consulting engineer, indicating there would be no, assessments to the Ellerbe property for Project #297. It was noted that #297 was a different project, covering only the storm sewer crossing of Highway #13. That letter also indicated there would be a future improvement and assessment. Ms. Colton stated that Ellerbe's position was that no consideration was given for the easement and objected that the easement was granted in lieu of assessments. Noting that the letter related to a earlier project, Twaddell moved, Gustafson seconded. the motion to recommend approval of the assessment, based upon the benefit to the Ellerbe property. All members voted yes. 4 Special Assess. Minutes July 9, 1987 O'NEIL POND - STORM SEWER - PROJECT #443 PARCEL 10-01000-010-77 & 010-56 The next assessment project that was reviewed related to Project #443 specifically dealing with the Robert O'Neil objections to the pond and trunk storm sewer improvements. A final assessment hearing was held on August 19, 1986 and objections were received from the O'Neils at that time. Attorney Gerald Duffy appeared on behalf of the O'Neils, as did Mr. and Mrs. O'Neil and John Klein. Mr. Duffy objected to all the assessments and stated that he was not prepared to make specific requests for recommendations regarding the project. He explained, however, that the pond location is in the wrong place on the property, but had no other specific proposals. Mr. Twaddell asked why the O'Neils had no specific objections to the assessments, noting the hearing was held in August of 1986. Mr. Duffy's answer was that there were other issues in dispute with the City and they had precluded drawing any conclusions regarding assessments. Mr. Colbert mentioned the purpose of the Assessment Committee is to review the application of the assessments to property and to deal with specific objections. All assessment policies have been applied uniformly, according to Mr. Colbert, relating to the O'Neil property. He further stated that the O'Neils had been offered a choice of locations for the ponds and chose not to specify them, and that the City had no objection to changing the location in the future. Mr. Duffy warned of an assessment appeal and it was further noted that the relocation of the ponds would affect the assessments only if the pond area is changed. Mr. Duffy strongly recommended delaying the hearing on the assessments, and Councilman Ellison also recommended a continuance. An appraisal had been prepared by Mark Parranto for the City, stating that the increase in value was $158,000.00. Member Gustafson moved to recommend approval of the assessments as proposed, but the Council should evaluate the two existing legal actions and the potential for the assessment appeal; further, in the event that the configuration of the ponds change, that the assessments then be reviewed. Twaddell seconded the motion and all voted yes. 5 Special Assess. Minutes July 9, 1987 WILLARD BERFELZ - PROJECT #179 - TRUNK AREA WATER PARCEL 10-03800-010-12 The objection of Willard Berfelz regarding assessments to his property on Highway #149 under Project #179 next came before the Committee. Mr. and Mrs. Berfelz were present and Mr. Colbert reviewed earlier letters, including two letters of 1976 regarding assessments for watermain oversizing under Project #179. The proposed assessments were $4,603.00 for parcel 010-28 and $1,950.62 for parcel 010-12 under Project #447 for trunk area lateral benefit and services. The trunk area water portion of these assessments should have been previously levied and it was questioned whether they were deferred or excluded in 1976. The difference would be $702.10 based on 1986 rates, and $564.72 based on 1976 rates with 88 interest per year for Parcel 10-03800-010-12 and $3,236.80 vs. $2,383.40 respectively for Parcel 10-01200-010-28. Twaddell moved, Egan seconded the motion to allow the reduction for both parcels, based upon 1976 rates plus the 88 interest factor. All members voted in favor. DAN DOLAN - PROJECTS #88 & #237 - STREET & UTILITY IMPROVEMENTS PARCEL 10-02800-010-25 Objection was received from Dan Dolan regarding the total amount of assessments for improvements to an approximately 2 acre parcel on the east side of Thomas Lake Road at Diffley Road. The total amount of the assessments would be $43,483.00 and Mr. Colbert stated that would create an excessively costly parcel to develop for 2.2 acres. It is desirable to develop the parcel with the land to the east and it was suggested that the appraisal of a $24,000.00 increase in value plus $11,000.00 for future County Road #30 improvements be considered. Mr. Twaddell recommended not deferring the County Road #30 future assessment. Egan moved, Gustafson seconded the motion to recommend the levying of $24,000.00 for the deferred Thomas Lake Road improvements and $11,000.00 for future County Road #30 improvements, which is a compromise from the combined $43,483.00 deferred and future assessments. All members voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 8:00 p.m. PHH City Clerk Cj CITY OF EAGAN OFFICE INFORMATION MEMO TO DATE r TIME U L -V Ci (a - /,2-0 FROM //1• / /- OF PHONE NO. RECEIVED BY: Was here to see you WIII call again Please call Returned your cell ACTION REMARKS/MESSAGES / / ONE SIDE ONLYCOLLATE Review and see me `� I-1 n we n i e A 79 !a NO. OF COPIES Review and comment r�••ui,ct- f. new Prepare reply for my sig. , Reply and send me copy /- // /-Itic.� �S S -..r �Y�nr•++� (Other) For your approval ion •V ��cya7 ROUGH DRAFT For your information !+^r Cv (!.� TC DATE NEEDED For signature no. As we discussed jeI As you requested f / CARBONS Take appropriate action Return FILE DISTRIBUTE OVER R-� ONE SIDE ONLYCOLLATE NO. OF COPIES HEAD TO HEAD STAPLE DATE NEEDED HEAD TO FOOT I (Other) TYPING: ROUGH DRAFT RUSH DATE NEEDED SINGLE SPACE FINAL COPY DOUBLESPACE CARBONS CITY OF EAGAN' M Was here to see you Please call ACTION Review and cea-ma re vr[G Review and Comment Prepare reply for my sig. Reply and send me copy For your approval For your information For signature As we discussed As you requested Take appropriate action Return FILE 0 DISTRIBUTE Will call again call 0 OVER ONE SIDE ONLY I�{I COLLATE NO. OF COPIES HEAD TO HEAD H STAPLE TYPING DATE NEEDED HEAD TO FOOT Othe 1 _�/ ROUGH DRAFT RUSH DATE NEEDED SINGLE SPACE FINAL COPY X M DOUBLESPACE CARBONS LvA ei �Y � zv -- - "706V DW 73,t- Y-6- 87 aa -.-4 Mr. Elmer 0. Heuer 1530 Deerwood Drive Eagan, Minnesota 55122 August 17, 1987 Mr. Thomas L. Hedges City Administrator City of Eagan, Minnesota Eagan, Minnesota 55122 Re: Deerwood Drive (I -35E to Pilot Knob Road) Utility & Street Improvements - Project No. 455. Dear Mr. Hedges: This is a formal objection to the amount of,assessments to be levied against the hereinabove referenced improvement projects. It was my understanding that an.Assessment Committee Hearing was to have been held prior to the regular City Council meeting scheduled for tomorrow night, August 18, 1987, and it was my intention to discuss my objections with the As- sessment Committee at that hearing. To my knowledge, no Assessment Committee Hearing was held on Improvement Project No. 455, for I had requested to be no- tified of such a meeting, and have received no such notice. It is my position that my property has not increased in value anywhere near the assessment to be levied against it, and I am hereby requesting to be placed on tomorrow night's agenda to discuss this matter. Thank you for attending to this request. Sincerely, Elmer 0. Heuer Parcel Number 10-02100-010-77 MINUTES OF A REGULAR MEETING OF THE EAGAN SPECIAL ASSESSMENT COMMITTEE EAGAN, MINNESOTA JULY 9, 1987 A regular meeting of the Eagan Assessment Committee was held on Thursday, July 9, 1987 at 4:00 p.m. at the Eagan Municipal Center. Those present were Vice -Chair Tom Egan, Councilman Vic Ellison, Lay Member Vic Twaddell and Planning Commission member Dave Gustafson. Those absent were Chairperson Don Knight who had been hospitalized and Ron Voracek. It was further noted that Bill Rydrych had resigned from the Committee. Also present were Public Works Director Colbert and City Attorney Hauge. Councilmember Tom Egan chaired the meeting. AGENDA Twaddell moved, Gustafson seconded the motion to approve the agenda with the addition of the request of Dan Dolan regarding assessments for Projects #88, #237, #239A and #257, along Thomas Lake Road and County, Road #30. All voted yes. SPECIAL ASSESSMENT POLICY #87-1 - ZONING VS. STREET ASSESSMENT Public Works Director Tom Colbert reviewed with the City Council proposed Policy #87-1 consisting of street assessment classification vs. zoning/land use. The benefit from street improvement would be assessed by taking into consideration the existing zoning for land use of the adjacent property and the functional classification of the improved street in effect at the time of the final assessment hearing. The purpose of the policy would be to equitably reflect 1 the assessment obligations and benefits of adjacent property in relation to access requirements and limitations, traffic volume generations and distributions, and resulting roadway improvement standards and functional classifications. He discussed a street functional classification matrix and explained the new categories of uses, including Public Facilities and undeveloped Agricultural. Also, a new Commercial -Industrial street classification was included. PROJECT #372 - FRANCIS FRANZ AND ANNA HEUER Mr. Colbert explained that in the case of the Anna Heuer property on Deerwood Drive, there would be no further benefit until the upgrading or use, or that additional access would be acquired. In the case of Francis Franz, also on Deerwood Drive, the example of the current single access method would be used. The basic change relates to the undeveloped Agricultural access intended for residential equivalent, whereas, road user charge pays for the oversizing. In addition, there was discussion concerning a corner lot credit for R-1 and R-2. Ellison moved, Gustafson seconded the motion to rec approval of the policy to the City Council and note t dis arit as to the no access for R-1 and R-2 proposed to be ass ssed 008 0 total cost, and further that footnote No. 1 on the matrix uld apply to all zoned classes. All voted yes. As to the Franz and Heuer property, no action would be taken and only acknowledgement on the agenda. PROJECT #404 - PATRICK McCARTHY - UTILITIES LEXINGTON AVENUE TRUNK WATER MAIN 2 Colbert introduced the subject relating to Patrick McCarthy's objection to the final assessments considered at the hearing on September 17, 1985 which assessments were continued until a later date. $6,551.26 was the proposed assessment and he noted the trunk water main was available to the parcel. An appraisal had been prepared by Dan Dwyer for the City with a proposed increase in value of $18,000.00, thereby exceeding the amount of the assessments. Arnold Kempe, attorney, appeared on behalf of Pat McCarthy, who was also present and explained the objections. He stated that the water main was installed on Wescott Road and that the Lexington Ave. watermain would not be used with double frontage lots along Lexington Avenue. Councilman Egan indicated that the City must allow access to the watermain, and the City also proposed water lines to the west must connect to the Lexington Avenue watermain. Mr. Kempe suggested levying but deferring without interest until the connection takes place. The City would require connection to the Lexington Avenue watermain, according to Mr. Colbert, in addition to the Widgeon Way access to the north if the 40.acre McCarthy parcel develops. Mr. Twaddell recommended assessing at 100 feet until the 40 acreErdevelope4 for other than Agricultural purpo s. Twaddell moved, Ellison seconded the motion to recommend the City Council assess 100 feet frontage along Lexington Avenue for the trunk watermain until such time as the 40 acre parcel, or any portion, is developed for purposes other than Agricultural, with the assessment to be postponed and that a recordable agreement be prepared between the City and the property owners to provide for the assessment at 3 the then existing rate for the use developed. All members voted yes. Mr. Kempe indicated that Mr. McCarthy agreed with the recommendation. PATRICK MCCARTHY - PROJECT #411 - TRUNK STORM SEWER On January 16, 1986, the Special Assessment Committee met and reviewed the written objections submitted to the trunk area storm sewer assessment, proposed to be levied on September 15, 1985 regarding the Patrick McCarthy property under Project #411. Mr. Colbert described the action to date, and the proposal was to assess TU trunk storm sewer for 31 acres of the 70 acre parcel. Mr. Dan Dwyer's appraisal for the City indicated a benefit of $50,000.00 and it was recommended to reduce the assessment from x$60,680.12 to $50,000.00. Arnold Kempe and Mr. McCarthy appeared. /i( Mr. Kempe asked whether the Patrick -Eagan Park land was assessed, (� and also the municipal property along Pilot Knob Road. The purpose for the project was to allow an outlet and although the McCarthy I Pond could be filled, if used for Agricultural it ust be retained as a pond if developed. The outlet is required for development and clearly, there was a benefit to the property, according to the assessment committee members. The property is being assessed at the uniform rate and the park land doesn't prejudice the assessment a-"& was further noted that&/pond s credit being granted to the McCarthy property, so it was equitably assessed. A question arose as to the cost factor for the project in relation to the McCarthy property, including the downstream cost. Ellison moved, Twaddell seconded the motion to recommend that the 4 assessment be reduced to $50,000.00, indicating the City's policy is equitable and accurate, and that there is clearly a benefit in that amount to the McCarthy property. All voted yes. METRAM PROPERTIES - PROJECT #460 - NICOLS ROAD Project #460 provides for the upgrading of Nicols Road from its previous County Road section to a city urban section and the Metram Property parcel #011-54 is a portion of a larger 40 acre tract that was severed when the Cedar Avenue freeway was constructed. Mr. Colbert reviewed the request for reduction in assessments by Metram Properties and stated the objection was received at the feasibility hearing &OVAt he assessments are expected to be levied in 1988. He that the assessable frontage should be 1096.0 feet rather than 1260 feet and a substantial ,part ,,00f the property was acquired by MnDOT, therefore reducing the V to the remainder. Ted Tinker from Metram Properties was present and recommended a 10 to 15 year assessment. Construction is scheduled to begin in August of 1987 for the improvements, according to Mr. Colbert. Mr. Tinker claimed that much of the property is unusable and possibly only 508 of the land is buildable because of its very narrow configuration. He agreed with the recommendation eltated that 1,036 is the proper frontage. Ellison moved, Twaddell seconded the motion to recommend one-half of the frontage be assessed for the street improvements. Mr. Gustafson stated that it was his opinion that the assessment is excessive because of'the configuration of the parcel. All members voted in favor. BRANDT MANAGEMENT COMPANY - PROJECT #460 - NICOLS ROAD A request from William Brandt objecting to the proposed 5 assessments for NicolS Road to Lots 1, 2, and 3, Cedarview Addition, consisting of three office buildings, was withdrawn by Mr. Brandt. Egan moved, Ellison seconded the motion to acknowledge the withdrawal objection. All voted affirmatively. ELLERBE, INC. - PROJECT #428 - STORM SEWER KENNEBEC DR./CEDAR INDUSTRIAL PARK Project #428, according to Mr. Colbert, provided for the installation of the trunk storm sewer system for t Cedar Industrial Park with its outlet to the Minnesota River and also included the construction of Kennebec Drive and a portion of Blackhawk Road. A public hearing on the project was held on February 19, 1985 and final assessment hearing on September 16, 1986. Ellerbe, Inc. had objected to the assessments on its property on Highway #13 and the staff recommended no revision and noted the proposed Ultra IV project will connect to the existing storm sewer line.\ 1ifn Colton, attorney, appeared on behalf of the applicant and had \\ questions. She introduced a letter dated August 8, 1980 from Bob Rosene, the consulting engineer, indicating there would be no assessments to the Ellerbe property for Project #297 wh�re+l-was noted4,sOa different project, covering onlyorm sewer crossing of Highway #13. That letter also indicated there would be a future improvementT,,a�'"'' n�dd_assessment. Ms. Coltt9nstated that Ellerbe's position was no consideration nt15e easement and objected that the easement was granted in lieu of assessments. Noting that the letter related to a earlier project, Twaddell moved, Gustafson seconded the motion to recommend approval of the assessment, based upon the benefit to the Ellerbe property. All members voted yes. O'NEIL POND - STORM SEWER - PROJECT #443 The next assessment project that was reviewed related to Project #443 specifically dealing with the'Robert O'Neil objections to the pond storm sewer improvements. A final assessment hearing was held on August 19, 1986 and objections were received from the O'Neils at that time. Attorney Ger uffy appeared on behalf of the O'Neils, as did Mr,, and Mrs. O'Neil and John Klein. Mr. Duffy objected to all the assessments and'stated that he was not prepared to make Q.sp Ji requests for recommendations regarding the project. He //however, that the pond location is i the wrong place on the property, but had no other specific Mr. Twaddell asked why the O'Neils had no specific objections to the assessments, noting the hearing was held in August of 1986. Mr. Duffy's answer was that there were other issues in dispute with the City and they had precluded drawing any onclusions regarding assessments. Ar S�-04 Mr. Colbert skated. the purpose of the Assessment-Committee is to review the application of the assessmen s and to d al with specific objections. All assessment policies have been applied uniformly, according to Mr. Colbert, relating to the O'Neil property. He further stated that the O'Neils had b,2�!,p offered a choice of locations for the ponds and chose not toy(\ , and that the City had no objection to changing the location in the future. Mr. Duffy warned of an assessment appeal and it was further noted that the relocation of the ponds would affect the assessments only if the pond area is changed. Mr. Duffy strongly recommended delaying the hearing on the assessments, and Councilman Ellison also recommended a continuance. An appraisal had been prepared by Mark Parranto for 7 the City, stating that the increase in value was $158,000.00. Member Gustafson drecommeend 4 approval of the assessments as proposed, but the \Council should evaluate the two existing legal actions and the potential for the assessment appeal; further, in the event that the configuration of the ponds change, that the assessments then be reviewed. Twaddell seconded the motion and all WILLARD BERFELZ - PROJECT #179 - TRUNK AREA WATER The objection of Willard Berfelz regarding assessments to his property on Highway #149 under Project #179 next came before the committee. Mr. and Mrs. Berfelz were present and Mr. Colbert viewed earlier letters, including two letters of 1976 regarding assessments for watermain oversizing under Project #179. The proposed assessments were $4,603.00 for parcel 010-28 and $1,950.62 for parcel 010-12. Trunk area water assessments should have been levied and it was questioned whether deferred or excluded 1976 The difference would be $702.10 based on 1986 rates, and $564.72 based on 1976 rates with 88 interest per year. in Twaddell moved, Egan secoDdtR41 the motion to allow the reduction for both parcels, based uporl 197 ates plus the 88 interest factor, noting the difference regaring rcel 010-28 was $3,286.00 versus $2,383.00. All members voted in favor. DAN DOLAN - PROJECTS #88 & #237 - STREET & UTILITY IMPROVEMENTS Objection was received from Dan Dolan regarding �otal amount of assessments for improvements to an approximately 2 acre parcel on the east side of Thomas Lake Road at Diffley Road. The total amount 1.1 to of the assessments would be $43,483.00 and Mr. Colbert f Pl3 �c�r•ant ameun,tmo,f—p. €eF-2.2_a__s would create an excessively costly parcel to develo0 It is desirable to develop the 4 d to the east and it was suggested that the appraisal of4$24,000.00 increase in value plus $11,000.00 for County Road #30, be considered. Mr. Twaddell recommended not deferring the County Road #30 future assessment. Egan moved, Gustafson seconded the motion to recommend the assessment of $24,000.00 for the Thomas Lake Road improvement and $11,,000000..00 for future County Road #30 improvements,ge wh-ch cvII.si4EZed a compromise from the $43,483.O00 -p`-r� asses�L([smen�ts. _. _ q All members voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 8:00 p.m. City Clerk 9 PHH MINUTES OF A REGULAR MEETING OF THE EAGAN SPECIAL ASSESSMENT COMMITTEE EAGAN, MINNESOTA JULY 9, 1987 A regular meeting of the Eagan Assessment Committee was held on Thursday, July 9, 1987 at 4:00 p.m. at the Eagan Municipal Center. Those.present were Vice -Chair Tom Egan, Councilman Vic Ellison, Lay Member Vic Twaddell and Planning Commission member Dave Gustafson. Those absent were Chairperson Don Knight who had been hospitalized and Ron Voracek. It was further noted that Bill Rydrych had resigned from the Committee. Also present were Public Works Director Colbert and City Attorney Hauge. Councilmember Tom Egan chaired the meeting. AGENDA Twaddell moved, Gustafson seconded the motion to approve the agenda with the addition of the request of Dan Dolan regarding assessments for Projects #88, #237, #239A and #257, along Thomas Lake Road and County Road #30. All voted yes. SPECIAL ASSESSMENT POLICY #87-1 - ZONING VS. STREET ASSESSMENT Public Works Director Tom Colbert reviewed with the City Council proposed Policy #87-1 consisting of street assessment classification vs. zoning/land use. The benefit from street improvement would be assessed by taking into consideration the existing zoning for land use of the adjacent property and the functional classification of the improved street in effect at the time of the final assessment hearing. The purpose of the policy would be to equitably reflect the assessment obligations and benefits of adjacent property in relation to access requirements and limitations, traffic volume generations and distributions, and resulting roadway improvement standards and functional classifications. He discussed a street functional classification matrix and explained the new categories of uses, including Public Facilities and undeveloped Agricultural. Also, a new Commercial -Industrial street classification was included. 1 Special Assess. Minutes July 9, 1987 PROJICT #373 = PNANCZN FNANZ AND ANNA HEUER Mr. Colbert explained that in the case of the Anna Heuer property on Deerwood Drive, there would be no further benefit until the upgrading or use, or that additional access would be acquired. In the case of Francis Franz, also on Deerwood Drive, the example of the current single access method would be used. The basic change relates to the undeveloped Agricultural access intended for residential equivalent, whereas, road user charge pays for the oversizing. In addition, there was discussion concerning a corner lot credit for R-1 and R-2. Ellison moved, Gustafson seconded the motion to recommend approval of the policy to the City Council and note the disparity as to the no access for R-1 and R-2 proposed to be assessed at 1008 of the total cost, and further that footnote No. 1 on the matrix would apply to all zoned classes. All voted yes. As to the Franz and Heuer property, no action would be taken and only acknowledgement on the agenda. PROJECT #404 - PATRICK McCARTHY - UTILITIES LEXINGTON AVENUE TRUNK WATER MAIN Mr. Colbert introduced the subject relating to Patrick McCarthy's objection to the final assessments considered at the hearing on September 17, 1985 which assessments were continued until a later date. $6,551.26 was the proposed assessment and he noted the trunk water main was available to the parcel. An appraisal had been prepared by Dan Dwyer for the City with a proposed increase in value of $18,000.00, thereby exceeding the amount of the assessments. Arnold Kempe, attorney, appeared on behalf of Pat McCarthy, who was also present, and explained the objections. He stated that the water main was installed on Wescott Road and that the Lexington Ave. watermain would not be used with double frontage lots along Lexington Avenue. Councilman Egan indicated that the City must allow access to the watermain, and the City also proposed water lines to the west must connect to the Lexington Avenue watermain. Mr. Kempe suggested levying but deferring without interest until the connection takes place. The City would require connection to the Lexington Avenue watermain, according to Mr. Colbert, in addition to the Widgeon Way access to the north if the 40 acre McCarthy parcel develops. 2 Special Assess. Minutes July 9, 1987 Mr. Twaddell recommended assessing at 100 feet until the 40 acres is developed for other than Agricultural purposes. Twaddell moved, Ellison seconded the motion to recommend that the City Council assess 100 feet frontage along Lexington Avenue for the trunk watermain until such time as the 40 acre parcel, or any portion, is developed for purposes other than Agricultural, with the assessment to be postponed and that a recordable agreement be prepared between the City and the property owners to provide for the assessment at the then existing rate for the use developed. All members voted yes. Mr. Kempe indicated that Mr. McCarthy agreed with the recommendation. PATRICK MCCARTHY - PROJECT #411 - TRUNK STORM SEWER On January 16, 1986, the Special Assessment Committee met and reviewed the written objections submitted to the trunk area storm sewer assessment, proposed to be levied on September 15, 1965 regarding the Patrick McCarthy property under Project #411. Mr. Colbert described the action to date, and the proposal was to assess the trunk storm sewer for 31 acres of the 70 acre parcel. Mr. Dan Dwyer's appraisal for the City indicated a benefit of $50,000.00 and it was recommended to reduce the assessment from $60,660.12 to $50,000.00. Arnold Kempe and Mr. McCarthy appeared. Mr. Kempe asked whether the Patrick -Eagan Park land was assessed, and also the municipal property along Pilot Knob Road. The purpose for the project was to allow an outlet and although the McCarthy Pond could be filled, if used for Agricultural purposes, it must be retained as a pond if developed. The outlet is required for development and clearly, there was a benefit to the property, according to the assessment committee members. The property is being assessed at the uniform rate and the park land doesn't prejudice the assessment. It was further noted that a pond credit was being granted to the McCarthy property, so it was equitably assessed. A question arose as to the cost factor for the project in relation to the McCarthy property, including the downstream cost. Ellison moved, Twaddell seconded the motion to recommend that the assessment be reduced to $50,000.00, indicating the City's policy is equitable and accurate, and that there is clearly a ben --fit in that amount to the McCarthy property. All voted yes. 3 Special Assess. Minutes July 9, 1987 METRAM PROPERTIES - PROJECT #460 - NICOLS ROAD Project #460 provides for the upgrading of Nicols Road from its previous County Road section to a city urban section and the Metram Property parcel #011-54 is a portion of a larger 40 acre tract that was severed when the Cedar Avenue freeway was constructed. Mr. Colbert reviewed the request for reduction in assessments by Metram Properties and stated the objection was received at the feasibility hearing and the assessments are expected to be levied in 1988. He explained stated that the assessable frontage should be 1096.0 feet rather than 1260 feet and a substantial part of the property was acquired by MnDOT, therefore reducing the benefit to the remainder. Ted Tinker from Metram Properties was present and recommended a 10 to 15 year assessment. Construction is scheduled to begin in August of 1987 for the improvements, according to Mr. Colbert. Mr. Tinker claimed that much of the property is unusable and possibly only 508 of the land is buildable because of its very narrow configuration. He agreed with the recommendation but stated that 1,036 is the proper frontage. Ellison moved, Twaddell seconded the motion to recommend one-half of the frontage be assessed for the street improvements. Mr. Gustafson stated that it was his opinion that the assessment is excessive because of the configuration of the parcel. All members voted in favor. BRANDT MANAGEMENT COMPANY - PROJECT #460 - NICOLS ROAD A request from William Brandt objecting to the proposed assessments for Nicols Road to Lots 1, 2, and 3, Cedarview Addition, consisting of three office buildings, was withdrawn by Mr. Brandt. Egan moved, Ellison seconded the motion to acknowledge the withdrawal objection. All voted affirmatively. ELLERBE, INC. - PROJECT #428 - STORM SEWER KENNEBEC DR./CEDAR INDUSTRIAL PARK Project #428, according to Mr. Colbert, provided for the installation of the trunk storm sewer system for Cedar Industrial Park with its outlet to the Minnesota River and also included the construction of Kennebec Drive and a portion of Blackhawk Road. A public hearing on the project was held on February 19, 1985 and final assessment hearing on September 16, 1986. Ellerbe, Inc. had objected to the assessments on its property on Highway #13 and the staff recommended no revision and noted the proposed Ultra IV project will connect to the existing storm sewer line. 4 Special Assess. Minutes July 9, 1987 Alison Colton; attorney, appeared on behalf of the applicant and had questions. She introduced a letter dated August 8, 1980 from Bob Rosene, the consulting engineer, indicating there would be no assessments to the Ellerbe property for Project #297. It was noted that #297 was a different project, covering only the storm sewer crossing of Highway #13. That letter also indicated there would be a future improvement and assessment. Ms. Colton stated that Ellerbe's position was that no consideration was given for the easement and objected that the easement was granted in lieu of assessments. Noting that the letter related to a earlier project, Twaddell moved, Gustafson seconded the motion to recommend approval of the assessment, based upon the benefit to the Ellerbe property. All members voted yes. O'NEIL POND - STORM SEWER - PROJECT #443 The next assessment project that was reviewed related to Project #443 specifically dealing with the Robert O'Neil objections to the pond storm sewer improvements. A final assessment hearing was held on August 19, 1986 and objections were received from the O'Neils at that time. Attorney Gerald Duffy appeared on behalf of the O'Neils, as did Mr. and Mrs. O'Neil and John Klein. Mr. Duffy objected to all the assessments and stated that he was not prepared to make specific requests for recommendations regarding the project. He explained, however, that the pond location is in the wrong place on the property, but had no other specific proposals. Mr. Twaddell asked why the O'Neils had no specific objections to the assessments, noting the hearing was held in August of 1986. Mr. Duffy's answer was that there were other issues in dispute with the City and they had precluded drawing any conclusions regarding assessments. Mr. Colbert mentioned the purpose of the Assessment Committee is to review the application of the assessments to property and to deal with specific objections. All assessment policies have been applied uniformly, according to Mr. Colbert, relating to the O'Neil property. He further stated that the O'Neils had been offered a choice of locations for the ponds and chose not to specify them, and that the City had no objection to changing the location in the future. Mr. Duffy warned of an assessment appeal and it was further noted that the relocation of the ponds would affect the assessments only if the pond area is changed. Mr. Duffy strongly recommended delaying the hearing on the assessments, and Councilman Ellison also recommended a continuance. An appraisal had been prepared by Mark Parranto for the City, stating that the increase in value was $158,000.00. Member Gustafson moved to recommend approval of the assessments as proposed, but the Council should evaluate the two existing legal actions and the potential for the assessment appeal; further, in the event that the configuration of the ponds change, that the assessments then be reviewed. Twaddell seconded the motion and all voted yes. 5 Special Assess. Minutes July 9, 1987 WILLARD BERFELZ - PROJECT #179 - TRUNK AREA WATER The objection of Willard Berfelz regarding assessments to his property on Highway #149 under Project #179 next came before the Committee. Mr, and Mrs. Berfelz were present and Mr. Colbert reviewed earlier letters, including two letters of 1976 regarding assessments for watermain oversizing under Project #179. The proposed assessments were $4,603.00 for parcel 010-28 and $1,950.62 for parcel 010-12. Trunk area water assessments should have been levied and it was questioned whether they were deferred or excluded in 1976. The difference would be $702.10 based on 1986 rates, and $564.72 based on 1976 rates with 88 interest per year. Twaddell moved, Egan seconded the motion to allow the reduction for both parcels, based upon 1976 rates plus the 88 interest factor, noting the difference regarding parcel 010-28 was $3,286.00 versus $2,383.00. All members voted in favor. DAN DOLAN - PROJECTS #88 & #237 - STREET & UTILITY IMPROVEMENTS Objection was received from Dan Dolan regarding the total amount of assessments for improvements to an approximately 2 acre parcel on the east side of Thomas Lake Road at Diffley Road. The total amount of the assessments would be $43,483.00 and Mr. Colbert stated that would create an excessively costly parcel to develop for 2.2 acres. It is desirable to develop the parcel with the land to the east and it was suggested that the appraisal of a $24,000.00 increase in value plus $11,000.00 for County Road #30, be considered. Mr. Twaddell recommended not deferring the County Road #30 future assessment. Egan moved, Gustafson seconded the motion to recommend the assessment of $24,000.00 for the Thomas Lake Road improvement and $11,000.00 for future County Road #30 improvements, which is a compromise from the $43,483.00 levied and pending assessments. All members voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 8:00 P.M. PHH City Clerk HAUGE, EIDE & KELLER, P.A. ✓'lllarn ! al �aY' PAUL M. MAUGE KEVIN W. EIDE TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 DAVID G. KELLER 1260 YANKEE DOODLE ROAD LORI M. BE LLIN EAGAN. MINNESOTA 55123 DEBRA E. SCHMIDT (612) 456-9000 August 25, 1987 Dakota County Tribune 1525 East Highway 13 Burnsville, MN 55337 RE: Notice of Public Hearing Gentlemen: Enclosed please find one copy/copies of a Notice of Public Hearing regarding delinquent utilities billings in Eagan Please publish the enclosed notice(s) for one week(s) in your August 27, 1987 • gxdx issue(s). After publication, please submit your Affidavit of Publication to our office. Very truly yours, HAUGE, EIDE & KELLER, P.A. David G. Keller DGK:jjm Enclosure cc: Tom Colbert Deanna Kivi PUBLISHED NOTICE OF ASSESSMENT HEARING CITY OF EAGAN DAKOTA COUNTY, MINNESOTA 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 15, 1987 at 7:00 p.m. to consider the proposed assessment of delinquent utilities billings in Eagan. The area proposed to be assessed is 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 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. Further information relating to these assessments may be obtained from the Special Assessment Division of the Public Works Department and any questions should be directed to that Division. Dated: August 25, 1987 /s/ E. J. VanOverbeke E. J. VanOverbeke City Clerk - City of Eagan PUBLISHED NOTICE OF ASSESSMENT BEARING CITY OF EAGAN DAKOTA COUNTY, MINNESOTA 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 7 Pilot Knob Road, in said City on �� "G.�� /S at 7:00 p.m. to consider the proposed assessment of dQ( relatin provemen owing a: Is The area proposed to be assesses ^* f y -� ^ is ly oescribea in the assessment roll on file with the City Clerk in his office, which roll is open to public inspection. Tih� amount of the—p•roposaa aesassmant ie $ Written or oral objections 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 notce 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 435 193 to is further given relVet enior oraines spesment a pars c assld cr aefbe ma the ty Citize hara hat th Eagan agains homeat age r older kto f haraship n later th t pursuant Minnesota a [es, Sec i n (ad Eagan as a opted City tode Section 5 ip ape ial a seasmed[ defe ral. T 's City ouncit may def r the aymen o a pro rty, wh' h is o eo and occup ed by reti ea by vir ue of iaabili wh n t e the proper own r. Appli at onsf 90 ave after t a essment is aaoated. Further information relating to these assessments may be obtained from the Special Assessment Division of the Public Works Department and any questions should be airectea to that Division. Dated: E. J. VanOverbeke City Clerk - City of Eagan HAUGE, EIDE & }SELLER, P.A. .J�I[[] /I) IIOTPyS OI ehCY' TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE. ROAD EAGAN. MINNESOTA 55123 (612) 456-9000 November 18, 1987 Mr. William Soules Attorney at Law 210 National City Bank Bldg. 1809 Plymouth Road South Minnetonka, MN 55343 RE: City of Eagan - Special Assessments Dear Mr. Soules: PAULH.HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SGMMIDT THOMAS P. LOWE Tom Hedges forwarded a copy of your letter dated October 9, 1987, where you had certain questions regarding special assessments in Eagan. I will try to answer them to the best of my ability. 1. Is the practice of "upgrading" assessments at the time of rezoning or platting based upon state law, or upon local policy? Please furnish available citations supporting your answer. ANSWER: MSA 429.071 entitled "Supplemental Assessments and Reassessments" is the statutory basis for upgrading assessments at the time of rezoning or platting. It provides for notice to the owner and hearing. The hearing in regard to platting or zoning required under MSA 462 would appear to cover the hearing requirements, and in the event that there are improvements under Chapter 429 that are requested to be installed by the City, again a public hearing would be required. In addition, I am enclosing a ccoy of Eagan Policy 82-1 relating to special assessments approved by the City Council on July 6, 1982, which defines the Eagan Policy on the issue. See also OAG 396-G-7, 408-C, Sept. 1, 1953, and OAG 408-C, May 2, 1967, all of which are cited in the notes to MSA 429.071. 2. Is the practice of assessing for an improvement that was paid for by the state or the county based upon state law, or upon local policy? Please furnish available citations supporting your answer. ANSWER: The answer to this question is found under MSA 429.051 and provides that the cost of any improvement or part may be assessed upon property benefited by the improvement, based upon the benefits received, whether or not the property abuts on the improvement, and whether or not any part of the cost of the improvement or any part thereof, may be assessed against the County State Aid Highway Fund, the Municipal State Aid Street Fund, or the Trunk Highway Fund. See also the cases under Note of Decision No. 1. Mr. William Soules November 18, 1987 Page 2 3. In connection with projects 254, 316 and County Road 32 reconstruction, please indicate in each instance, the total project cost, if any, incurred by the City of Eagan and the total amount that was assessed. ANSWER: I have asked Tom Colbert to supply this information to you. Very truly yours, HAUGE, EIDE & KELLER, P.A. Paul H. Hauge PHH:ras cc: Thomas Hedges Thomas Colbert SPECIAL ASSESSMENT COMMITTEE MEETING JULY 9, 1987 4:00 P.M. CITY HALL - EAGAN MN AGENDA I. 4:00 - ROLL CALL II. 4:02 - REVIEW/ADOPT AGENDA III. 4:05 - OLD BUSINESS P• A. Review/Adopt Special Asessment Policy 487-1 - Zoning vs. Street Assessment B. Project 372, I -35E - Utilities & Streets (Deerwood Drive) P•q 1. Francis C. Franz (10-02100-010-50) P.q 2. Anna S. Heuer, (10-02100-010-78)' C. Project 404, Lexington Place Addition - Utilities (Lexington Avenue Trunk Watermain) P• S 1. Patrick McCarthy (10-01500-013-76) D. Project 411, Patrick Eagan Park - Trunk Storm Sewer Q./2. 1. Patrick McCarthy (10-02200-011-04) IV. 5:30 - ADJOURN (Dinner Break) V. 6:00 - RECONVENE VI. NEW BUSINESS A. Project 460, Nicole Road P•19 1. Metram Properties (10-01900-011-54) P AS 2. Brandt Mgmt. Company (Lots 1, 2 & 3, Cedarview Addn.) B. Project 428,'Kennebee Dr./Cedar Industrial Park -Storm Sewer P.;L7 1. Ellerbe, Inc. :(Tract F, RLS 44,019-00) C. Project 443, O'Neil Pond Storm Sewer p.35 1. Robert O'Neil (10-01000-010-77 & 10-01000-010-56) D. Project 179, General Trunk Area Water P.4, 1. Willard Berfelz (10-03800-010-12) VII. OTHER VIII. ADJOURN III. OLD BUSINESS B. PROJECT 372, I -35E - UTILITIES & STREETS (DEERWOOD DRIVE) 1. Francis C. Franz (10-02100-010-50) 2. Anna S. Heuer (10 -02100 -010 -78T --- BACKGROUND INFORMATION This item was previously reviewed by the Special Assessment Committee on October 9, 1984, and again on January 16, 1986, at which time the Special Assessment Committee adopted a modified Special Assessment for these two properties. This item was inadvertently included on this agenda and does not need any further committee review or action. STAFF RECOMMENDATIONS This item be addressed due to the notifications that were sent out but that no action be taken. COMMITTEE RECOMMENDATIONS/COMMENTS _ -17F- - --- - - - -== - -fie- ---- - -- - -- --_ = -` - - FZ - ---- - - - - ----- - --- - - - --- -- -�� - - q 144 tee- _ --- - - ---------- - --- -- -- _/ S Cour EAGAN A regular meeting of the Eagan Assessment Committee was held on Thursday, July 9, 1987 at ,4.;,00_ p.m..: akKhe Eagan Municipal Center. Those present wereVice-Cha1C:i1'�i'3ogi::ant:Eouncilman Vic Ellison, Lay Member Vic Twaddell and P1' *:'h*' -n"' member Dave Gustafsoni4&q Those absent were Chairperson Do.i Knic:FfE who had been hospitalized and Abn1-Mor1a Bill Rydrych^ °'dad resigned from the Committee,.:::•'Alsq::;present were Public Works Director Colbert and City AoYttey''I:ig:' n �� Councilmember Tom Egan chaired the meeting. AGENDA Twaddell moved, Gustafsbri:::::S,c.onded the motion to approve the agenda with .the addition of:>::tte:;:.::r.equest of Dan Dolan regarding assessments Projects #88,.237;''n:239A and #257, along Thomas Lake Road and County Road #30.*::iAll.v.pte:d:::yes. SPECIAL ASSESSMENT POLICY #87-1 - ZONING VS. STREET ASSESSMENT Public Works Director Tom Colbert reviewed with the city council proposed .Policy #8'7-1 consisting of frt-deet. assessment�,4aassi. ic`a�ion vs. zoning/land use: The •bQn.€it.:;.:.>..om;.street improvement would be assessed by taking into c?ii$1cle;ti:;e existing zoning for land use of the adjacent property and the functional classification of the improved street in effect at:;:::'he :;time of the final assessment hearing.' The purpose' of the poT:icy be to equitably reflect the assessment obligations and bPnefits:;:::of adjacent property in relation to access requirements and ':limitations, traffic volume generations and distributions, and resulting roadway improvement standards and functional classifications. He discussed a street functional classification matrix and explained the new categories of uses, including Public Facilities and:.: undeveloped Agricultural. Also, a new Commercial-Industrial::::::3treet classification was Special Assess. Minutes July 9« 1487 � � Mr. Colbert explained , hat4 ^ OLFThe basic change celates to the undeveloped Agricultural acoesa+�foc residential equivalent, whereas, road user charges *�� '��'c the onersioiog~ In addition, ussimu concerning a corner � Ellison moved, Gustafson the motion to recommend app� the � t0 b and note the disparity as 'y to ��°^~'r *:���~�8~l to be assessed at l00� O� / "^^e�oo acceo~*�"r a o / the total cost, and furtb e No. l on the matrix would apply to all zoned classes. All voted yea. Eno action would 6e-�'-L� and PROJECT UTILITIES LEXINGTON ^ Ph k Mr" Colbert introduced t relating to Patrick ��cCartbl''u objection assessments 000sidered at the hearing on September i�.,b assessments were continued until a 55l 2G the pc0��Voed assessment and be noted � o��l���������main x/as'--��llable to the parcel. An appraisal had been prepared by Dau Dwyer for the City with a proposed increase in value of $18v000^00, thereby exceeding the amount of the aaseomouedto, Arnold 8eoopev attorney � ebal� of Pat McCarthy, who was also present, and eol�laioed ob tioos. He stated that the water main was installed on Wesoo Ro od that the Lexington Ave. watermaiu would not be used �-I*tb ble frontage lots along Lexington Aveuoe, Councilman Egan- iodi'6�ited that the City moot allow access to the waternmaiuv and tbe City also proposed water lines to the west must connect to the Lexington Avenue watecmaiu" Mr. Dempe suggested levying but deferring without interest until the connection takes place. The City would c goice connection to the Lexington &neooe watecmaiov according t r. Colbert, in addition to the Widgeon Way aooeoo to the north 40 acre McCarthy parcel develops. : 'Special Assess. Minutes July 9, 1987 Mr. Twaddell recommend: ...::' ssess: iig::::::::at 100 feet until the 40 acres is developed for ot~hk�e' t:tan Agr .-d:tiltural purposes. Twaddell moved, Ellison seconded tt motion td:* recommend that the City Council assess 100 feet' fx;Ontage al4T?g:: Lexington Avenue for the trunk watermain until su6X::;time a$::::*:the 40 acre parcel, or any portion, is developed for put:iis s:::;4: #ter than Agricultural, with the assessment to be postponed a'rict :::tlia't a recordable agreement be prepared between the City and the property owners to provide for the assessment at the then existing rate for the use developed. All members voted yes. Mr. Kempe indicated cCarthy agreed with the recommendation. """ PATRICK MCCARTHY - PROAtig.: #413*:::"L TRUNK STORM SEWER P/42Gt Y On January 16, 1986, tfi-i"Specf'a`-1''``Assessment Committee met and reviewed the written objections submitted to the trunk area storm sewer assessment, proposed to be levied on September 15, 1985 regarding the Patrick McCarthy property under Project #411. Mr. Colbert described the action to date, and the proposal was to assess the trunk storm sewer for:: �. acres of the 70 acre parcel. Mr. Dan Dwyer's appraisal for the G3:Cy:::knd:icated a benefit of $50,000.00 and it was recommended to reduce ''ttg:::::ass.e.ssment from $60,680.12 to $50,000.00. Arnold Kempe and Mt-. MtcCa:etliy appeared. Mr. Kempe asked whether::::::::•.t:h:6::::;:Pat'rick-Eagan Park land was as�esse _ and also the mur c3pa ' r pPer,� alo�}g �M o IRoad. the project::,an outlei�'and�ao� hough t9aPr rcould be filled if used for aricultural purposes, it µ1 Pki. ,`outlet must be retained as a pond if developedr Tth outlet is required for development and clearly, there was a benefit t,�,��o ppg�o .pe rty, according to the assessment committee members�'The'Tp�roperty is being assessed at the unrt•::•:.>afld the park land doesn't prejudice the asses sments:[k? r noted that a pond credit was being granted to the Mc6.C.thy pXoperty, so it was equitably assessed. A question arose as to the :::most :::factor for the project in relation to the McCarthy property, inclluding the downstream cost. Ellison moved, Twaddell seconded the motion to recommend that the assessment be reduced to $50,000.00, indicating the City's policy is equitable and accurate, and that there is clearly a benefit in that amount to the McCarthy property. All vo;t.ed yes. r7 Special Assess. Minutes July 9, 1987 METRAM PROPERTIES:0 - NICOLS ROAD Project #460 provides f'ot the upgrarlf'ing of Nicols Road from its previous County Road secti:¢ k. to a city-::::.vrban section and the Metram Property parcel #011-54 is a;: -:-Portion larger 40 acre tract that was severed when the Cedar':::::A?":e:iltli�::::f:'r'eeway was constructed. Mr. Colbert reviewed the request 'f6r:::>r:2d'iiction in assessments by Metram Properties and stated the objection was received at the feasibility hearing and the assessment asX,,%vxuected to be levied in 1988. He stated that the Aa{Zss frontage should be 1096.0 feet rather than 1260 feet and a.. sub stanti.gi. psrt of the property was acquired by MnDOT, there for::Ctuc:�tI:;t.Ae:benefit to the remainder. Ted Tinker from Metram Prope:r:ties w 't present and recommended a 10 to 15 year assessment. CO.rstruc.t:on is scheduled to begin in August of 1987 for the improvement5s:l. ac;t:prding to Mr. Colbert. Mr. Tinker claimed that much a::::t.fe`':lt;ppe:fty is unusable and possibly only 50% of the land i:"'builda6-1:e because of its very narrow configuration. He agreed with reco nm e d�_a.t,iyI p, _t�-yt� stated that 1,036 is the proper frontages Ellison ove , Twa e l seconded the motion to recommend•n•�n_ f o,f the frontage be assessed for the street improvementsn �'Mt`�ustafson stated that it was his opinion that the assessment 125 exces:s.lve because of the configuration of the parcel. All members voted :rj::;::favor. BRANDT MANAGEMENT COMPANY - PRLIJECT,#460 - NICOL$ ROAD A request from Williaak;:::::?;73r'aridt objecting to the proposed assessments for Nicols Road-':.'.*' 'Lots 1, 2, and 3, Cedarview Addition, consisting of three office buildings, was withdrawn by Mr. Brandt. Egan moved, Ellison seconded the motion to acknowledge the withdrawalvobjection. All voted affirmatively. . o� ELLERBE, INC. :^:RL7�7:R:{f9Z:i:- STORM SEWER KENNEBEC DR./CEDAR.INDUSTRIAL PARK Project #428, according ta::Mr. ;:: o1bert, provided for the installation of the trunk storrt-::3sewec system for Cedar Industrial Park with its outlet to the Minnesota River and also included the c nstruc on of Kennebec Drive a a ort'on of Blackhawk Road. A i.v u. SP S$/NP t,� Tv v.�C v r, el �- s Kearing on the projec �` was tie ion Fe_brp�r 16 1r9s,85 fang a final assessment hearing on September 16, 1986 E er e, Inc. had objected to the assessments on its prq:perty on Highway #13 and the staff recommended no revision and go:ted the proposed Ultra IV project will connect to the existing st&ein sewer line. 'Special Assess. Minutes July 9, 1987 Alison Colton, attorne `'s `: :eaE; ;;:tiit;;behalf of the applicant and had questions. She introdut;6do. a letter-: dated August 8, 1980 from Bob Rosene, the consultf:rig engineer,'h'iidicating there would be no assessments to the Ellerbe Piiioperty for,::: -Project #297. It was noted that #297 was a different ':*o.ject, .:..: avering only the storm sewer crossing of Highway #13. T1:a::::1e: ;t:�Y::::.also indicated there would be a future improvement and as'se:s;�tainff Ms. Colton stated that Ellerbe's position was that no consideration was given for the easement and objected that the easement was granted in lieu of assessments. Noting that the letter related to a earlier project, Twaddell moved, Gustafson seconded the..motion to recommend approval of the assessment, based to the Ellerbe property. All members voted yes. O'NEIL POND — ST�hO.RNI; SEWER:`:: -'.'PROJECT #443 u—o/0-77 e o/o-SG The next assessment proy'ec''i thati:ia2`s reviewed related to Project #443 specifically dealing with the Robert O'Neil objections to the pond,' storm sewer improvements. A final assessment hearing was held on August 19, 1986 and objections were received from the O'Neils at that time. Attorney Gerald Duffy appeared on behalfof the O'Neils, as did Mr. and Mrs. O'Nei1::::;aFld John Klein. Mr. Duffy objected to all the assessments and that he was not prepared to make specific requests for recommeric]'a:C0ri:9:;::x.egarding the project. He explained , however, that the pand Iaaa:tl'on is in the wrong place on the property, but had no ot?er sFerwi:fc proposals. Mr. Twaddell asked why the O'Neils had no spc3C::::otij'ections to the assessments, noting the hearing was held;:;Yt::A 9:iist of 1986. Mr. Duffy's answer was that there were other iSsiies in dispute with the City and they had precluded drawing any conclusions regarding assessments. Mr. Colbert mentioned the purpose of the Assessment Committee is to review. the application of the assessments to property and to deal with specific objections. have have been applied uniformly, according to yhF:;::::::Gp1Le:E::: relating to the O'Neil property. He fufthey stated thht the 04lls :�i4d been offered a choice of locations for the ponds and chosd-xbot td specify them, and that the City had no objection to changing the location in the future. Mr. Duffy warned of an assessment appeal and it was further noted that the relocation of the ponds would affect the assessments only if the pond area is changed. Mr. Duffy strongly recommended delaying the hearing on the assessments, and Councilman Ellison also recommended a continuance. An appraisal had been pc�pared by Mark Parranto for the City, stating that the increase,''.'in value was $158,000.00. Member Gustafson moved to re::o ffi ssc]:;::B:p:P%bval of the assessments as proposed, but the Council ' htitx;::d:::::; MI.` 4te the two existing legal actions and the potential for the assessment appeal; further, in the event that the configuration of tle:: ponds change, that the assessments then be reviewed. Twaddell::::9econded the motion and all voted yes. 5 Special &aoeos^ Minutes July 9, 1987 W%LL&RD BORFELZ TRUNK AREA WATER P ��0[)^o/0'/;� The objection of �Villac�'�� ���'' regarding assessments to his property on Highway #149 Project #179 next came before the Committee" Mr. and Mca" Qerfelz were present and Mr. Colbert reviewed earlier letters, including two letters of 1976 regarding � amaesoo`euto for watecmaiu ovecaioiog under Project #178^ The proposed assessments were 4:. arcel 010-28 d $1,950.62 for parcel 010-12'-A 7���uu�"���cc�� levied and it »rns questioned wu in 1976. The difference would be..$702.10. based on 1986 rates, and $564.72 based on 19Z6 rates witK-:: Twaddell moved, Egan se:0:b:h'd-dc1 thi�.::::::ffotion to allow the reduction for both parcels, based upon 1976 rate s plus the 8% interest factor, All members voted in favor. DAN D0L&0 - E,8DJ PDOVEMENTS 6 Asoo- 016 -01s- Objeotiuo was received regarding the total amount of assessments for impcov nzimatell, 2 acre parcel on the east side of Thomas La �Ie�/ Road. The total amount of the assessments would b 00 and Mr. Colbert stated that would create an excessivetl}/ parcel to develop for 2"2 acres. It is desirable to develop�tbe parcel with the laud to the east and it was suggested that the- appraisal of a$U increase in value plus $ll,UOO^OO f0 bo�ut}, 8oad �] e oon�idered^ Mr" Twaddell recommended not deferring the County Road #30 future amse8omedt^ Egan moved, it"Gustaf s0u motion to recommend the o� �24,O00"0O fo Lake Road imprOnmm�eotSaod $11'000.00 for fut ontl' 3 improvements, vvbicb is a compromise from thld-d�A83.00 aoaeaomeuto^ All members voted yes./^ 6«ff�~«� �;� ��f"~e- ADJOURNMENT Upon motion duly made and second the meeting adjourned at 9RB City Clec 6 MINUTES OF A REGULAR MEETING OF THE EAGAN SPECIAL ASSESSMENT COMMITTEE EAGAN, MINNESOTA JULY 9, 1987 A regular meeting of the Eagan Assessment Committee was held on Thursday, July 9, 1987 at 4:00 p.m. at the Eagan Municipal Center. Those present were Vice -Chair Tom Egan, Councilman Vic Ellison, Lay Member Vic Twaddell and Planning Commission member Dave Gustafson. Those absent were Chairperson Don Knight who had been hospitalized and Bill Rydrych who had resigned from the Committee. Also present were Public Works Director Colbert and City Attorney Hauge. Councilmember Tom Egan chaired the meeting. AGENDA Twaddell moved, Gustafson seconded the motion to approve the agenda with the addition of the request of Dan Dolan regarding assessments against Parcel 10-02800-010-25 from Projects #88, #237, #239A and #257, along Thomas Lake Road and County Road #30. All voted yes. SPECIAL ASSESSMENT POLICY #87-1 - ZONING VS. STREET ASSESSMENT Public Works Director Tom Colbert reviewed with the City Council proposed Policy #87-1 consisting of assessments based on street classification vs. zoning/land use. The benefit from street improvement would be assessed by taking into consideration the existing zoning for land use of the adjacent property and the functional classification of the improved street in effect at the time of the final assessment hearing. The purpose of the policy would be to equitably reflect the assessment obligations and benefits of adjacent property in relation to access requirements and limitations, traffic volume generations and distributions, and resulting roadway improvement standards and functional classifications. He discussed a street functional classification matrix and explained the new categories of uses, including Public Facilities and undeveloped Agricultural. Also, a new Commercial - Industrial street classification was included. The basic change relates to the undeveloped Agricultural access intended for residential equivalent, whereas, road user charges would continue to pay for the oversizing. In addition, there was discussion concerning a corner lot credit for R-1 and R-2. "j Special Assess. Minutes July 9, 1987 Ellison moved, Gustafson seconded the motion to recommend approval of the policy to the City Council and note the disparity as to the local street/no access category for R-1 and R-2 zoning proposed to be assessed at 1008 of the total cost, and further that footnote No. 1 on the matrix would apply to all zoned classes. All voted yes. PROJECT #372 - FRANCIS FRANZ AND ANNA HEUER Mr. Colbert explained that this item was inadvertently placed on the Agenda and that no action was necessary beyond the January 16, 1986 meeting and only acknowledgment of this item was necessary. PROJECT #404 - PATRICK MCCARTHY - UTILITIES LEXINGTON AVENUE TRUNK WATER MAIN - PARCEL 10-01500-013-76 Mr. Colbert introduced the subject relating to Patrick McCarthy's objection to the final assessments considered at the hearing on September 17, 1985 which assessments were continued until a later date. $6,551.26 was the proposed assessment and he noted the lateral benefit from the trunk water main was readily available to the parcel. An appraisal had been prepared by Dan Dwyer for the City with a proposed increase in value of $18,000.00, thereby exceeding the amount of the assessments. Arnold Kempe, attorney, appeared on behalf of Pat McCarthy, who was also present, and explained the objections. He stated that the water main was installed on Wescott Road and that the Lexington Ave. watermain would not be used with double frontage lots along Lexington Avenue. Councilman Egan indicated that the City must allow access to the watermain, and the City also proposed water lines to the west must connect to the Lexington Avenue watermain. Mr. Kempe suggested levying but deferring without interest until the connection takes place. The City would require connection to the Lexington Avenue watermain, according to Mr. Colbert, in addition to the widgeon Way access to the north if the 40 acre McCarthy parcel develops. Mr. Twaddell recommended assessing at 100 feet until the 40 acres is developed for other than Agricultural purposes. Twaddell moved, Ellison seconded the motion to recommend that the City Council assess 100 feet frontage along Lexington Avenue for the trunk watermain until such time as the 40 acre parcel, or any portion, is developed for purposes other than Agricultural, with the assessment to be postponed and that a recordable agreement be prepared between the City and the property owners to provide for the assessment at the then existing rate for the use developed. All members voted yes. Mr. Kempe indicated that Mr. McCarthy agreed with the recommendation. 2 Special Assess. Minutes July 9, 1987 PATRICK McCARTHY - PROJECT #411 - TRUNK STORM SEWER PARCEL 10-02200-011-04 On January 16, 1986, the Special Assessment Committee met and reviewed the written objections submitted to the trunk area storm sewer assessment, proposed to be levied on September 15, 1985 regarding the Patrick McCarthy property under Project #411. Mr. Colbert described the action to date, and the proposal was to assess the trunk storm sewer for 31 acres of the 70 acre parcel. Mr. Dan Dwyer's appraisal for the City indicated a benefit of $50,000.00. and it was recommended to reduce the assessment from $60,680.12 to $50,000.00. Arnold Kempe and Mr. McCarthy appeared. Mr. Kempe asked whether the Patrick -Eagan Park land was assessed, and also the municipal property along Pilot Knob Road. A result of the project provided an outlet for the McCarthy Pond and although it could be filled if used for Agricultural purposes, it must be retained as a pond if developed to a higher use. The outlet is required for development and clearly, there was a benefit to the property, according to the assessment committee members and the City Appraiser. The property is being assessed at the uniform rate and the park land doesn't prejudice the assessment. It was further noted that a pond credit was being granted to the McCarthy property, so it was equitably assessed. A question arose as to the cost factor for the project in relation to the McCarthy property, including the downstream cost. Ellison moved, Twaddell seconded the motion to recommend that the assessment be reduced to $50,000.00, indicating the City's policy is equitable and accurate, and that there is clearly a benefit in that amount to the McCarthy property. All voted yes. METRAM PROPERTIES - PROJECT #460 - NICOLS ROAD PARCEL 10-01900-011-54 Project #460 provides for the upgrading of Nicols Road from its previous County Road section to a city urban section and the Metram Property parcel #011-54 is a portion of a larger 40 acre tract that was severed when the Cedar Avenue freeway was constructed. Mr. Colbert reviewed the request for reduction in assessments by Metram Properties and stated the objection was received at the feasibility hearing and the assessments are expected to be levied in 1988. He stated that the calculated frontage should be 1096.0 feet rather than 1260 feet and a substantial part of the property was acquired by MnDOT, therefore reducing the benefit to the remainder. 3 Special Assess. Minutes July 9, 1987 Ted Tinker from Metram Properties was present and recommended a 10 to 15 year assessment. Construction is scheduled to begin in August of 1987 for the improvements, according to Mr. Colbert. Mr. Tinker claimed that much of the property is unusable and possibly only 50% of the land is buildable because of its very narrow configuration. He agreed with the recommendation but stated that 1,036 is the proper frontage, based on a survey recently completed. Ellison moved, Twaddell seconded the motion to recommend one-half of the frontage be assessed for the street improvements at the Commercial rate. Mr. Gustafson stated that it was his opinion that the assessment was still excessive because of the configuration of the parcel. All members voted in favor. BRANDT MANAGEMENT COMPANY - PROJECT #460 - NICOLS ROAD LOTS 1, 2 & 3, CEDARVIEW ADADITION A request from William Brandt objecting to the, proposed assessments for Nicols Road to Lots 1, 2, and 3, Cedarview Addition, consisting of three office buildings, was withdrawn by Mr. Brandt. Egan moved, Ellison seconded the motion to acknowledge the withdrawal of objection. All voted affirmatively. ELLERBE, INC. - PROJECT #428 - STORM SEWER KENNEBEC DR./CEDAR INDUSTRIAL PARK TRACT F, RLS #4, 019-00 Project #428, according to Mr. Colbert, provided for the installation of the trunk storm sewer system for Cedar Industrial Park with its outlet to the Minnesota River and also included the construction of Kennebec Drive and a portion of Blackhawk Road. A final assessment hearing on the project for trunk storm sewer was held on February 19, 1985 and a final assessment hearing on September 16, 1986 for the street and lateral storm sewer. Ellerbe, Inc. had objected to the assessments on its property on Highway #13 and the staff recommended no revision and noted the proposed Ultra IV project will connect to the existing storm sewer line. Alison Colton, attorney, appeared on behalf of the applicant and had questions. She introduced a letter dated August 8, 1980 from Bob Rosene, the consulting engineer, indicating there would be no, assessments to the Ellerbe property for Project #297. It was noted that #297 was a different project, covering only the storm sewer crossing of Highway #13. That letter also indicated there would be a future improvement and assessment. Ms. Colton stated that Ellerbe's position was that no consideration was given for the easement and objected that the easement was granted in lieu of assessments. Noting that the letter related to a earlier project, Twaddell moved, Gustafson seconded. the motion to recommend approval of the assessment, based upon the benefit to the Ellerbe property. All members voted yes. 4 Special Assess. Minutes July 9, 1987 O'NEIL POND - STORM SEWER - PROJECT #443 PARCEL 10-01000-010-77 & 010-56 The next assessment project that was reviewed related to Project #443 specifically dealing with the Robert O'Neil objections to the pond and trunk storm sewer improvements. A final assessment hearing was held on August 19, 1986 and objections were received from the O'Neils at that time. Attorney Gerald Duffy appeared on behalf of the O'Neils, as did Mr. and Mrs. O'Neil and John Klein. Mr. Duffy objected to all the assessments and stated that he was not prepared to make specific requests for recommendations regarding the project. He explained, however, that the pond location is in the wrong place on the property, but had no other specific proposals. Mr. Twaddell asked why the O'Neils had no specific objections to the assessments, noting the hearing was held in August of 1986. Mr. Duffy's answer was that there were other issues in dispute with the City and they had precluded drawing any conclusions regarding assessments. Mr. Colbert mentioned the purpose of the Assessment Committee is to review the application of the assessments to property and to deal with specific objections. All assessment policies have been applied uniformly, according to Mr. Colbert, relating to the O'Neil property. He further stated that the O'Neils had been offered a choice of locations for the ponds and chose not to specify them, and that the City had no objection to changing the location in the future. Mr. Duffy warned of an assessment appeal and it was further noted that the relocation of the ponds would affect the assessments only if the pond area is changed. Mr. Duffy strongly recommended delaying the hearing on the assessments, and Councilman Ellison also recommended a continuance. An appraisal had been prepared by Mark Parranto for the City, stating that the increase in value was $158,000.00. Member Gustafson moved to recommend approval of the assessments as proposed, but the Council should evaluate the two existing legal actions and the potential for the assessment appeal; further, in the event that the configuration of the ponds change, that the assessments then be reviewed. Twaddell seconded the motion and all voted yes. 5 Special Assess. Minutes July 9, 1987 WILLARD BERFELZ - PROJECT #179 - TRUNK AREA WATER PARCEL 10-03800-010-12 The objection of Willard Berfelz regarding assessments to his property on Highway #149 under Project #179 next came before the Committee. Mr. and Mrs. Berfelz were present and Mr. Colbert reviewed earlier letters, including two letters of 1976 regarding assessments for watermain oversizing under Project #179. The proposed assessments were $4,603.00 for parcel 010-28 and $1,950.62 for parcel 010-12 under Project #447 for trunk area lateral benefit and services. The trunk area water portion of these assessments should have been previously levied and it was questioned whether they were deferred or excluded in 1976. The difference would be $702.10 based on 1986 rates, and $564.72 based on 1976 rates with 88 interest per year for Parcel 10-03800-010-12 and $3,236.80 vs. $2,383.40 respectively for Parcel 10-01200-010-28. Twaddell moved, Egan seconded the motion to allow the reduction for both parcels, based upon 1976 rates plus the 88 interest factor. All members voted in favor. DAN DOLAN - PROJECTS #88 & #237 - STREET & UTILITY IMPROVEMENTS PARCEL 10-02800-010-25 Objection was received from Dan Dolan regarding the total amount of assessments for improvements to an approximately 2 acre parcel on the east side of Thomas Lake Road at Diffley Road. The total amount of the assessments would be $43,483.00 and Mr. Colbert stated that would create an excessively costly parcel to develop for 2.2 acres. It is desirable to develop the parcel with the land to the east and it was suggested that the appraisal of a $24,000.00 increase in value plus $11,000.00 for future County Road #30 improvements be considered. Mr. Twaddell recommended not deferring the County Road #30 future assessment. Egan moved, Gustafson seconded the motion to recommend the levying of $24,000.00 for the deferred Thomas Lake Road improvements and $11,000.00 for future County Road #30 improvements, which is a compromise from the combined $43,483.00 deferred and future assessments. All members voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 8:00 p.m. PHH City Clerk Cj CITY OF EAGAN OFFICE INFORMATION MEMO TO DATE r TIME U L -V Ci (a - /,2-0 FROM //1• / /- OF PHONE NO. RECEIVED BY: Was here to see you WIII call again Please call Returned your cell ACTION REMARKS/MESSAGES / / ONE SIDE ONLYCOLLATE Review and see me `� I-1 n we n i e A 79 !a NO. OF COPIES Review and comment r�••ui,ct- f. new Prepare reply for my sig. , Reply and send me copy /- // /-Itic.� �S S -..r �Y�nr•++� (Other) For your approval ion •V ��cya7 ROUGH DRAFT For your information !+^r Cv (!.� TC DATE NEEDED For signature no. As we discussed jeI As you requested f / CARBONS Take appropriate action Return FILE DISTRIBUTE OVER R-� ONE SIDE ONLYCOLLATE NO. OF COPIES HEAD TO HEAD STAPLE DATE NEEDED HEAD TO FOOT I (Other) TYPING: ROUGH DRAFT RUSH DATE NEEDED SINGLE SPACE FINAL COPY DOUBLESPACE CARBONS CITY OF EAGAN' M Was here to see you Please call ACTION Review and cea-ma re vr[G Review and Comment Prepare reply for my sig. Reply and send me copy For your approval For your information For signature As we discussed As you requested Take appropriate action Return FILE 0 DISTRIBUTE Will call again call 0 OVER ONE SIDE ONLY I�{I COLLATE NO. OF COPIES HEAD TO HEAD H STAPLE TYPING DATE NEEDED HEAD TO FOOT Othe 1 _�/ ROUGH DRAFT RUSH DATE NEEDED SINGLE SPACE FINAL COPY X M DOUBLESPACE CARBONS LvA ei �Y � zv -- - "706V DW 73,t- Y-6- 87 aa -.-4 Mr. Elmer 0. Heuer 1530 Deerwood Drive Eagan, Minnesota 55122 August 17, 1987 Mr. Thomas L. Hedges City Administrator City of Eagan, Minnesota Eagan, Minnesota 55122 Re: Deerwood Drive (I -35E to Pilot Knob Road) Utility & Street Improvements - Project No. 455. Dear Mr. Hedges: This is a formal objection to the amount of,assessments to be levied against the hereinabove referenced improvement projects. It was my understanding that an.Assessment Committee Hearing was to have been held prior to the regular City Council meeting scheduled for tomorrow night, August 18, 1987, and it was my intention to discuss my objections with the As- sessment Committee at that hearing. To my knowledge, no Assessment Committee Hearing was held on Improvement Project No. 455, for I had requested to be no- tified of such a meeting, and have received no such notice. It is my position that my property has not increased in value anywhere near the assessment to be levied against it, and I am hereby requesting to be placed on tomorrow night's agenda to discuss this matter. Thank you for attending to this request. Sincerely, Elmer 0. Heuer Parcel Number 10-02100-010-77