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Newspaper Clipping - Newspaper Clipping Scan - Sample forms, newspaper articles on proposed assessments, 275 pages total. - 1/1/1966
'Triplicate T •-•1 :,•••• . jr•,•4;.e• 2� : b: < ¥y r (7/ > >47. • ' ! I r '14 Z)24.1.' HALF 210 GROSS BALANCE YELLOW HEXAGON PENCIL WITH RED RUBBER ERASER AND BONDED LEAD A. W. FABER-CASTELL PENCIL CO., INC. NEWARK 3, N. J. Na. 3 MADE IN U. 8. A. k (0 /6) }C. • G— %1,1r26 /'L. 9 Cit 1.wers 5 Y � Y sessment for r >> CA- iQ1 — 2J--c`R,. By Jon Fure Minnesota Sun Publications C &- AS s WC:. ;> A special assessment for a road reconstruction project was reduced after the Eagan City Council listened to objections from residents in the Oak Chase Additions. The proposed assess- ment was $2,887 per lot, and the Eagan City Council voted 3-1 to reduce it to $1,907. Councilmember Pat Awada voted against the reduced as- sessment and Bea Blomquist ab- stained because she lives in the Oak Chase Additions. The neighborhood is north of Cliff Road and west of Lexington Av- enue. Blomquist did not partici- pate in the discussion, however, earlier in the meeting she voted against two special assessments :-for .street?..projects iNorie sof the .4..::..v::,•.N..:.,: affected residents objected to the assessments, and the council ap- proved both',projects.4-1. • All the : Oak. Chase residents 7 signed a petition opposing their as- sessments.•The residents had hired Schulte & Company, appraisal spe- cialists, to prepare a special benefit study. In it, the company concluded that the street reconstruction did not increase the market values of the homes, and that the assess- ment should be zero. • A city cannot legally charge a special assessment that is higher than the benefit from the project. . Benefit" refers to the increase in market value of the homes: Councilmember Ted Wachter recommended the reduction, be- cause one of the residents' objec- tions is that their streets, have not been properly maintained. • - Roger Martin spoke on behalf of the residents, saying the streets have not been resurfaced since 1986. Martin, who has lived in his home since 1971, said the city's policy is unfair, because he and his neighbors have paid taxes and therefore contributed to the costs of street projects throughout the city: He added that the city has de- toured traffic - including heavy truck traffic — through- their neighborhood from Cliff. Road, which contributed to the wear and tear on Oak Chase Road. Wachter estimated that the city would have paid about $90 per lot to resurface the streets in the Oak Chase Additions. He said the neighborhood probably missed out on two resurfacing projects, so he recommended reducingthe as- sessment by $180 per lot. Another resident, Dick Ney, questioned the itemized list of costs for residents, which included concrete work related to the sewer system. ASSESSMENT: To Pa to Assessmehts Explanations June 12, 1980 To the Editor: This is a'letter of explanation to the people of Eagan and residents of Eagan who live in areas that have been assessed for trunk storm sewer. This assessment covers • the pumps in Oak Chase Pond and Carlson Lake and also the trunk line from Thomas Lake to. Blackhawk 'Lake and the fair share of the trunk from Blackhawk Lake to the Min- nesota River. Also, the people in these areas who have not been assessed before, get credit for any trunk mains installed by the developers and this credit varies from $60.00 to about $100.00 depending on the. amount of trunk • installed previously in different areas. A group in the Thomas Lake drainage area is taking the City of Eagan to court to protest the `unfair" assessment. If this group should happen to -win in the district court, it would be very ex- , pensive for the city to'appeal the verdict. The assessment would then be put on the general tax levy` forcing those who are assesssed and those who are not to pay for the storm sewer trunk. There is no Teason for La small group in this city to be freeloaders when the rest of the people have paid their fair share in the past. The irony of this'protest move- ment is that it is possible.for the- • people who are now pledging up to $75.00 each to pay. for this pro- posed lawsuit would continue,to live in Eagan, they may have 'to pay for millions of dollars worth of trunk lines on general tax levy in future years. This action if suc- cessful could set a'precident for future assessments as, other areas of Eagan are developed and need trunk lines. .One thing to consider is that in the last two . years we as developers have had to put. into escrow with the banks $645.00 per lot at closings to insure that these assessments are paid when levied. Our interest , rate on our development loans has been 16 to 23% so in our costs we have to allocate about $1,000.00•extra to the selling price of each lot to cover what otherwise would cost the homeowners only $430.00 if paid when it is assessed. It is ridiculous to listen'to these kc -g°. c0 soapbox engineers expound and' criticize a long standing, fair and equitable .. means of . financing community improvements when they have very little knowledge of the ' system; and then explain their views to a crowd who ace only interested in having so- meone else pay for things that as a rule of good planning should be paid for by the benefitted areas. ARNOLD A. CARLSON Eagan s, . (454-2385) n Fire worse,"said Joe Flascher, who leases•, the Skelly • station. "The storage tank was_ only six feet away.„ "I'm .really thankful to the police and -the fire department,", he said "They did?a really good• job." The fire was reported at 9:09 p.m. Flascher said he got to the station by9:25 and the fire trucks were already gone.. Fire chief Barry Christensen said they were able to put out the fire 'within two minutes of ar- (See Fire, Page 15A) n.O-Prog EventS 11-12 starting at 9 a.m. . Sidewalk Sale: July 11-12 star- ting at 9 a.m. Ping Pong Drop: July 11 at 2 - Youth Tournament Days:'July 11 after Ping Pong Drop. ' Queen Pageant: July il•at 7:30 p.m.1 • Kiddie Parade: July.12, 9, a.m. registration. 10-K Run and Pan-O-Prog Jog:. July 12 at 9 a.m. • Softball Tournament: July' 12-13 starting at 8 a.m. Cow Chip Throwing Contest: July 12 at 11 a.m. - Horseshoe Contest: July 12 at 1 p.m. • Hot -Air Balloon Race: July 12 at 2'p.m. Adult Dance: July 12 at 9 p.m. • Grand Parade:. July 13 at 1:30 p.in• i de • • ✓ Obituaries 4A ✓ Police News 3A ✓ Public Notices ..13-14A ',Senior Citizens . 7A School ... 4-5B ✓ Sports - 8-9A; ,11 A' ✓ Storm Photos ...10-11 A Will Receive HUD Grants First District Congressman Arlan Er`dahl announced that Dakota County has received two grants from the U.S. Department -of Housing :and Urban Develop- ment. A'grant of $213,840 went to the Dakota : County HRA under ttie Section 8 existing program.' The is. for,a 54-unit family hous- w-income -fr 18A - Apple Valley/Rosemount, Eagan Sun•Current/Wednesday, Oct. 28, 1998 Assesslnent From Page 1A The city's policy is to pay for curb and gutter repairs through the city's Major Street Fund. Public Works Director Tom Colbert said the costs were directly relat- ed to the street reconstruction. Wachter acknowledged Ney's concerns and recommended reducing the assess- ments by an additional $800 per lot. Comparable projects "I do not support Ted's motion because the proposed assessment is . more than fair; [the assessment] is right in line with other projects just like this in other neighborhoods," Awada said. Councilmen ber Sandra Masin asked Colbert what is the average assessment - for a streetreconstruction. Colbert said the lowest assessment he remembers was in the Cedar Grove area, which was about $1,500 per lot in 1994. He attributed the lower cost to the high- er density in Cedar Grove — the lots in Oak Chase are about twice the size of those in the Cedar Grove area, he said. A memo listed assessments for other reconstruction projects from 1994 to 1997. All projects had smaller lots than those in the Oak Chase Additions, and the assessments ranged from $1,736 to $3,225 per single family lot. Standards questioned Oak Chase Additions roads were built by the developer and turned over to the city in 1974. Oak Chase residents asked if the roads could have been maintained by resurfacing instead of the more costly reconstruction. And if not, should the city be held responsible for accepting roads of substandard quality? Colbert said the city has determined that the roads are substandard by 1998 standards, but the standards are higher now than they were in `70s.-Determining the original quality of the road is diffi- cult, because there are no city records of design plans or inspections,' according to a memo from Colbert. - Wachter said back then, many agree- ments were done verbally, so there prob- ably never was a written contract. Is the policy fair? Several residents also raised ques- tions about the city's high initial esti- mate, which was then reduced, as if the city wanted to create good feelings by telling residents they saved money. The estimated assessments from the pro- ject's feasibility report were $4,826 per lot: Colbert said the project was revised after the original feasibility report. The project had included rebuilding part of the sixth addition. When the project was revised, it reduced the total project cost, and it reduced the number of homes that would pay the assessment. The bids for the project were very competitive, he said, because they were received in early 1998 before the construction season. - City Administrator Tom Hedges said the city uses conservative estimates in its feasibility reports, because it is difficult to tell residents that their assessment will be higher than expected. Ney, who is an engineer, said there is no excuse for the city's high estimate. He said when he estimates project costs, an accept- able margin of error is about 10 percent. Several residents questioned Mayor Tom Egan's fairness, because he had said at an informational meeting that he was `will- ing to negotiate" the cost of the assessment. Egan said the bids came in lower than expected, which caused him to change his mind. He stressed that the city's special assessment policy is fair, because it. spreads the cost between the property owners who benefit from the project, and it includes some general taxpayer dollars. "The fact of the matter is, this policy was adopted 10 years ago. Has it been a flawless policy? No. Has it been a good policy? Yes," Egan said. "We went though an awesome amount of research and we felt this was a fair, rea- sonable and equitable policy. Almost every other street that is of this vintage has been reconstructed. Would it not be fundamen- tally unfair if we change the policy now and give you a windfall that we did not give to those who preceded you?" Show me- Residents asked. to see the :city's records for thehome appraisals that were done before the project. Carol Gilbert said they allowed the city asses- sors into their homes, so they should be allowed to see the city's records. City Attorney Jim Sheldon said the city's purpose for doing the appraisals is to have a record in case there is litigation, and the city is entitled to keep the records confidential.. Alan Gilbert said the city's refusal to allow the residents to see the appraisals is a violation of the Data Privacy Act. The residents did not say whether they accepted the council's decision to re- duce their assessment. They can decide whether to appeal the assessment within !In days of the Oct. 20 decision. 10A Minneapolis Tribune Sun., April '18,1971 Da'kota' County officials pro es tax -sharing plan for metro area By Steven Dornfeld Staff Writer t, A bill providing for tax • - base sharing among com- munities in the Twin Cit- ies area was opposed strongly by Dakota Coun- ty officials! appearing Sat- urday. before a Minnesota• Senate committee. G. F. Minea, representa- tive of the Dakota County Development Association, ..told the Urban Affairs Committee 'that the pro- posed, legislation "amounts, to metropolitan socialism.' \-,,, . "You would be 'feeding our weaker communities with ' the product of the work of others," Minea said. "Why should those who wish to work be forced to share with those who won't or can't help themselves?" Under the bill, 40 percent of t h e commercial -in-. dustrial growth in, the sev- en - county metropolitan area would be. pooled. Revenue from this tax base would be redistribut- ed to local units . of gov- ernment on the basis of population (a measure of need)` and assessed valua- tion (a measure of ability, to pay taxes)'. • The bill • also includes a differential formula to.dis tribute. non - property - tax aid to municipalities, if any is provided , by this session of the' Legislature. Committee Chairman Har- mon Ogdahl, Minneapolis Conservative, intended to move .the bill yesterday. However, technical ques- tions about it were raised by Sen., J. a .r o m e Blatz, Bloomington Conservative and chairman of the tax committee. "I have,spent a lot of time onthis bill and I can't un- derstand • it," Blatz said. "Whoever drafted :it ap- parently wanted to hide the message:" ' Sen. Wayne Popham, Min- neapolis Conservative and chief sponsor of the bill, responded that "trying to. understand the mechanics of ,it is like trying to un- derstand the• mechanics of the school -aid formula." Popham said it "simply.at- tempts to make a modest contraction in the fiscal disparities" among com- munities in the metropoli- .tan area. .At P'opham's request, Ogdahl established a sub- committee to review the mechanics of the bill and assure the full committee that they are sound. A similar bill has • been _ passed by' the House.. ,°) +,• �;,� 12 JAN 2 1969 DAKOTA COUNTY TRIBUNE Towiuiiup Mills Dip, 1/ Most School Rates Upped 6-(.; SSrt.JiS Most of Dakota county's school districts show an upward trend in mill rates. However, the town- ships generally show a down- ward dip, while cities and vil- lages were mixed up and down, as County Auditor Carl Onischuk completed the list of mill rates for the year 1969. The Dakota county rate, mostly by an increase in valuation, has been reduced from 53.42 mills to 50.31 mills, a total reduction of almost three mils. This will tend to reduce the portion the county needs from each individual in order to operate the Dakota coun- ty share of government costs. However, the schools, at least most of them, have beenhard-hit for expenses and growth in popu- lation. The increases will reflect the expanded schools, the new buildings, and inflationary costs. Schools generally require the largest portion of the tax "pie." In both years, the rates are adjusted for some benefit from the sales tax. However, the home- stead home owner will receive an additional 35% tax credit, the same as last year not to exceed $250. When officials compute the tax- es, they add the county rate, the city or village rate, or the town- ship rate, together with the school district rate. The old state rate has been eliminated with the com- ing of the sales tax. The following are the old and new rates, as computed by the county auditor's office: COUNTY RATES 1968 1969 Revenue. . 9.99 10.57 Welfare Fund. . . .15.13 12.76 Road and Bridge. .18.71 19.01 Sanatorium. .36 .35 County Bldg. Fund3.83 3.85 Agricultural Fund.39 .33 Mosquito Abatement .59 .49 Twin City Metropolitan Planning Comm.49 .46 County Library (except South St. Paul). . 2 87 4.40 Mental Health. . . .77 .58 Parks. 1 44 1.91 County Library Building. 96 .97 Total County Rate.57.25 55.68 COUNTY RATE FOR CITY OF SOUTH ST. PAUL 53.42 50.31 CITIES AND VILLAGES 1968 1969 Burnsville. . . .22.32 27.01 Coates .23.14 21.68 Farmington . . .69.99 73.49 Hampton .99.78 89.76 1968 Hastings .84.93 Inver Grovelgts. 10.44 Lakeville (Part)..59.89 Lilydale. . . 5 23 Mendota 19 81 Mendota Heights.26.12 Miesville 20 75 New Trier. . 53.24 Randolph. . . 35.58 Rosemount. . . .27.90 So. St. Paul. . .68.64 Sunfish Lake. . ..3.94 Vermillion. . 38.01 West St. Paul. .39.83 1969 91.56 24.93 87.18 7.78 31.68 35.70 18.67 69.92 25.52 28.76 67.05 4.84 34.01 51.58 1969 6 177.02 197 141.72 197 166.72 195 106.09 196 203.27 196 228.27 252 156.68 252 181.68 191. . 200.59 191 203.38 191 208.47 199. . 164.20 200 197.80 200 222.80 192 125.33 192 Non Agr. 150.07 150.33 659 Agr. . . .. 203.15 217.14 659 Non Agr. 228.15 242.14 194 Agr. 195.18 240.17 194 Non Agr... 220.18 265.17 194 Maple Is. .224.23 267.96 Watershed Dist. . .85 1.86 SCHOOL DISTRICTS 1968 169.00 Agr. 136.28 Non Agr. 161.28 99.07 Agr 179 27 Non Agr. 204.27 Agr. . .. 127.57 Non Agr. 152.57 171.18 R.O. Bonds.175.23 RON Bonds.182.85 161.80 Agr. 159.46 Non Agr184.46 Agr. 125.07 TOWNSHIPS 1968 1969 Castle Rock 12 63 7.75 Douglas 24 07 18.40 Eagan ..19.05 16.90 Empire .12.80 12.02 Eureka . 16.80 9.61 Greenvale. . 19.73 14.43 Hampton. 20.72 12.72 Lakeville (Part). 33.81 54.99 Lebanon. 23.23 16.37 Marshan19.84 15.58 Nininger18.40 9.61 Randolph 16 06 10.84 Rosemount. . . . 6.46 5.22 Ravenna. . . . . .22.41 16.46 Sciota . . .14.94 16.44 Vermillion. . . .28.74 16.62 Waterford. . . . 11.03 8.80 SOME .SECTIONS 'DOUBLED UP' Due to the holiday season. as a temporary maasure the Tri- bune is 'doubling up' with some of the sections. That is, some of the sections will be found in back of others. We hope to return to the individual sections nc.rt ,,'nok d0Ip77. Miss Pederson is employed by the city of N e w Ulm and Eib- n e r s Restraunto He is cur- rently serving in the Navy. Joyce A summer wed- ding is planned. always question the boasts age was $300 to $400 on each car involved. Coming Events ICE FISHING CONTEST The Ice Fishing Contest spon- sored by the Randolph Fire Dept. scheduled for Jan. 5 has been postponed until Feb. 2nd, 2 to 4 p.m. TINY TOT DIAPER SERVICE Let us take a big household duty off your hands at a time when you need all the rest you can get. New babies average 10 diapers per day (70 per week). Only $2.95 For 70 Diapers We furnish the diapers and diaper pail. GIFT CERTIFICATES AVAILABLE For information call long distance operator from Farm- ington, Lakeville, Rosemount or Orchard Gardens, ask for Zenith 8774. (No charge on Zenith calls). To call from. other than the above, phone' Faribault 332-8774. The boss and the money tree Yes, even Bosses need the pro- tection of a State Farm Money Tree. Call me today about State Farm Life's Executive Protector Pol- icy, a unique Money Tree for the man with a big future. Eddie B. Kuchera Agent Office Phone 454-2212 inner Grove Heights East 336 Babcock Trail Rt. 1 Minnesota 66076 STATE FARM LIFE INSURANCE COMPANY Home Office: Bloomington, Illinois P 6706 • Beverages Extr TELEPHONI FOR JANUAR WITH OUR E What it 8138? Free checl maintain a balance of S88. chary. on your account. If your balance falls be charged only BSc service at and Br nor check ... for OUR OTHER PROGRES en. PASSBOOK SAVII S•. SAVINGS CERTIF FREE CHECKING FOE FIRST NATIO LAKEVILLE, N FIRST flON SUBSCI ORDER Please enter a subscript Fribune for one year, fo (Na (Add The rates are ( ) $5.( and ( ) $6. Enclosed please find the Signed If this is a gift subscriptiol name of the person giving tt Name Address A gift subscription card is person receiving the Gift. Eagan, IGH Valudfions, G` JT Reported - sGsy- Some last minute changes and completions on the county's•"as- sessed valuation -have provided a new county total of $100,183, 576 which is more -than a $15 million raise from last year, , it was 'learned at the county assessor's office. j Eagan's ,assessed value for real estate was $7,684,589. The value for. personal property was set at $429,995, for a grand total of $8,114,584 according to Coun- ty Assessor Robert Meiers. • Inver Grove Heights had $6,- 298,202 in real estate, and$386,- 081 in personal property, for a grand•total of $6,684,283. There were a couple of minor changes in Mendota Heights and Mendota.. - • The largest assessed value for a Dakota -county municipality is Burnsville with $19,625,610 in real estate, arid. $670,094 in per- sonal property, for a grand total of $20,295,704, Meiers' report indicated. This is 20%ofthe whole county:, The second largest is South St. Paul with a grand total of $16,510,684. Other valuations were published in a recent issue f•the Tribune. �® a • /2//2,Xp' Make sOmegne's Christmas Merrier ,A. . with a gift of 'OTJORITE" . ? ' Perma(rori ,..- The first, . "fortified" cotton shirt . that's pressed for life! 1 1 31 ton and the luxury of cotton , -4-,••., , )f durable -press properties ,.. I. The revolutionary fabric ith 35% polyester is com- and :. will outwear any all :d and '•!Sonfoilzed-Plus-r` 1 after wash: •.$5650 LT t . Bros.): Minnesota " . !'it:1,-•;t: ''::',•saPtstrOeiglit . - • . • •. 8 —sue By NANCY ADAMS Staff Writer 'EAGAN -- Thomas Lake homeowners who have been protesting • stor.m, sewer assessments, by the city. got their day, or rather. evening, in court Tuesday, Jan. 12, as the council held individual assess- ment hearings for all the pro- perty owners who had lodged appeals with the city. . Between 25-30 homeowners gave testimony, and a filled council chamber heard -The city engineer's explanation , and background. on the project. An explanation was also given by the appraiser 'of how appraisals were made. on.::the 'residents' !property.:,:Several' residents 'ex- `pressed'':.'appreciation -for • the detailed explanations of the ap- praisals and asses-sments. Many residents had express- ed concern about a charge of $40 to each property forthe ap- praisals. ' The council explained that .the residents would have received that charge one. way or another. They hadn't ' been charged the appraisal cost originally because the city was tryingto, save the property owners• some money by not ap- praising, .said .Thomas . Hedges, city administrator. • • 5 DO,V-:1-1` Thomas .lake residents'- assessment appeals. heard The courts then mandated ap- praisals on the properties to assure fair and equitable treat- ment was made in the first round of assessments so the ap- praisals 'were -made, said Hedges. It was, in effect; •a now or later- situation --they could have the appraisal .first, or have 'the appraisal later, but one way or another, the residents would have to bear the cost. • •It was an orderly meeting in which some residents did not ap- pear, some chose to write their objections, 'while 'others asked questions and made, statements' for the record. There are still options. Council. Iaction-will not take place forat: :least 20' days,1ol'allow' time"to' .receive,:furtt er: objections.. At: 'the Feb: - 16''rrieeting''the''council' will discuss the assessments and decide whether they should stand as is, he revised, or be certified to •the county. If. the, residents, decide to ap- peal, they are expected to ap- peal as individuals:and not as a :group, as they had previously: Their appeals would be heard in district court. - No. statement on behalf of the Thomas Lake residents as a whole was made,, said Hedges. ?, E 1� .sjr.g urchase (ex er family 4Ua II.RRe •`■■'u°■■'■iI ' . BETTY CROCKER ' . Family Brownie Mix : '211/2 OZ. 99:9 YOUR'CHOICE - REGULAR' o. Yoplait Yogurt .:. �.. 60Z. SIZE .30if' . •'FARMDALE, COLBY OR.CHEDDAR, . :Horn Cheese.. . s.16 oZ:'PKG.,".' 99. BRIMFULL GREEN OR WAX \ = . 00 ' Beans -. ■ ■ . ,de' 1 ■ • • 15.5 OZ. 4'FOR � ' DA/RY-SPECIAL S LOVER LEAF ur• Gream I_16 OZ. FARMDALE 2% OR REG. 24 oz: Cottage Cheese -WcTr'b� Eagan en s Thomcis Lake reassessment dispute. A- Aive-fivr) By NANCY,ADAMS, •'Staff. Writer _ . EAGAN - The city .council would like to wash its hands of the Thoinas Lake storm :`sewers assessments, once and 'for, all:. Tuesday, Feb. 16,.was to' be the final :' continuance of. 'reassess:. ment hearings Thomas Egan, councilman; even suggested the. council ,ap= prove a . 25% reduction in ' the assessments of the remaining ap- pellants, if they'd agree todrop. all appeals: "If one person ap... pealed," he said, "that'd be it. All deals would be off." 'His:motion died for lack of a'second.� Richard .Vogen; 1271 Vildmark;: Dr., the only Thomas, Lake resi- dent in the audience, had one last protest to register with the coun-- cil. "Everyone in my community is saying, `What's the use?' We feel we haven'tbeen'given a fair shake. We 'feel the council has been using coercion arid intimida- tion. We feel let down by city government:" . •."When we took issue with the city, . people •questioned our morality,- our Values. It gives us an insecure feeling about the' competency of this organization (the council)," he said. That drew an angry response from Mayor Bea Blomquist and Egan. • Blomquist said, "Your organization suggested storm sewer assessments be a capital expenditure. We'd all pay for it. Well, ,some people have already paid for it and they shouldn't haveto pay for it. twice. I'm not a real estate agent, I'm 'a 'layman • in those fields, but it was explain- ed 'long ago. that, yes, assessments do go: up once• the project is in.", ' Vogen responded,'"It's' a mat- ter of beating city hall." ; • Blomquist ,said, , "There were less' .than 100 appellants and more than 500'assessed: Not everyone objected.'.'' Egan added; "If ever there was a subject understated in saying it had been beaten to death, this is it. We've researched this subject to the point of nausea." "I'd be the' biggest benefactor (because Egan's home area's storm. sewer has not been put in yet) if 'we went. to your recom mendation' (capital expenditure) but we can't do that. It's not good . policy to have 70% of the -people, who have already paid for storm sewer pay for those who are pro-,; testing." "If it seems we're reluctant to give in its because we feel we have to protect the rights of the 70%," he said. 'Egan. and Blomquist were in agreement that they '"weren't thrilled" With the method of ap- praisal . used • in determining benefit of the properties involved. Egan called it, "a bunch of hocus pools." . Councilman"'James Sinith 'strove. to explain the council's position in choosing not to preap- praise in the past; saying, "Paul (Hauge, city attorney) warned us three years ago that we had to get appraisals, but we didn't 'do'.it because we knew the cost of the appraisaiwould have to be added on the: assessment. We saved the residents that money. "' Vogen .suggested the Thomas Lake appellants had "helped the council out already" by making the Council aware,of the necessity of appraisals. He. commented, •"The judge said we were right.". To that, the council responded en masse; "The judge didn't sayyou were right!". • Aboutthe, procedure used, Vogen said, "It wasn't right." Blomquist immediately ..joined the dialogue, saying, "We knew that! We have told you we knew that!" Egan ended- the . discussion, saying, "Do you honestly think I didn't know? We said at the very. beginning we knew. You can be. right You can be dead right, but you are putting yourself against a' whole city. We mayhave been in- correct in .our methodology but' when you have a°system •70% im- "piemented, you better not change in. mid -stream." . The council voted unanimously. to reduce four. assessments, as recommended by city staff, and certify the roll to, the county. - • Maker of the motion, Smith, ad-. ded, "I'd' like to make the com- ment that I wish the people' who thought. they hadn't received benefit would've come' (WI*, hearings)_'With findings'of fact bk• engineers and not just claims'and no . proof." The. ' motion, was seconded by Ted Wachter. a 1! fund drive 'Jack Church of . Bloomington has been named chairman of the Minnesota Valley Branch YMCA fund drive to raise $200,000. The money will be used for new facilities, Y program, and for renovating existing facilities. The branch's needs include development of the day camp in Lakeville, .and program. staff/ program development endow- ment. Other persons. serving as'cam- paigners for the .Dakota County area • include: Tom Blackmar, Louis Foye, Rev. Wayne Ireland, Dave, Johnson, Bill Jorgenson, Steve Mott, Lumir Nezerka, William Shiebler, Robert Stehlik, and Fred Moors. The branch serves Burnsville, Lakeville, Ap- ple Valley, Savage, Bloomington, Prior Lake and Shakopee.: - Kiwanis give funds to DLC WEST ST. • PAUL - • The Developmental Learning Center • (DLC) has announced receipt of a • $400 .contribution from the West • St: Paul Kiwanis Club. • The Kiwanis donation will be used to purchase equipment for developmentally disabled workers at the DLC's work activi- ty center. in West St. Paul. Equip- ment includes a heat -sealer, work station seating and a special work table designed for workers.. who are •confined to wheelchairs.; ". .. ` . • Kiwanis Club funds •are'derived ?from a variety of communityfun- • draising events. wuulu inuvtl ruin 0:10 LO /:40 a.m., and advance the time for elementary schools to no earlier than 8:15 a.m. The subject is scheduled for the Feb. 22 meeting. A report was received from the financial advisory committee verifying the projected deficit in the general fund for 1982-83. District 197 sets a meeting WEST ST. PAUL -- District 197 School' Board,released its agenda for a _special, meeting Thursday, Feb. 18, at 7 .p.m. in the district board room. Agenda items in- clude the following: communica- tions; review of 1982-83 budget; program cuts; consideration of staffing policy changes; con- sideration of other budget reduc- tion -areas; Review of • district building utilization - 1981-82; review of 'proposed alternative .building delivery systems; report on levy referendum procedures and plans; and review of budget develpment calendar and timelines. Randolph By MRS. OTFO HELGERSON "Kathie Anderson of Flandreau is spending some time with: the Larry Podritzes. The Happy Homemakers Study Club will meet Monday, Feb. •22, at 1 p.m. at the Myrl Slininger home. St. Mark's activities include a circle one'meeting Feb. 23 at 7:30 p.m.. at ,the Audrey Smith home and a Luther League sliding;par- ty Feb.2l at 2 p.m. YVi{r iiiUIUNii, ailu n11111 rii tured are queen's attendant tendant, Ishmael Oster. • Farmington congregate dining 'menu FARMINGTON CONGRE- GATE . DINING,. Farmington Lutheran •Church, 5th and Walnut.... Persons age 60 and over; and their spouses; may receive hot noon meals five days a week, ex- cluding holidays and weekends. Thereis: nocharge for the federally sponsored meals, however, a 75t donation is en- couraged. Reservations must be made two working days in ad- vance by, calling 463-3900 between 10 a.m. and 1 p.m. • The menu for Feb. 22-26 is' as follows. Milk and coffee are serv- ed with all meals. MONDAY _ Veal bird, gravy, buttered squash, tossed salad,, dressing, rye roll, margarine; fresh fruit. TUESDAY — Breaded whiting, tartar sauce,. macaroni and cheese, buttered beets, whole wheat bread, margarine, peanut butter cookie. WEDNESDAY - Oven baked chicken,' tri-tater, buttered spinach, bread, margarine, birth- day cake.. THURSDAY — Polishsausage, parsley buttered potato, sauerkraut, whole wheat roll, margarine, peach pie. FRIDAY Hot beef sandwich, mashed potatoes, gravy; but— tered, broccoli; chilled°, plum sauce. Voting against ti was strike againt To the editor: In 1965, my parents moved to Eagan. Back then we . were a township, not a city.. I married • and now reside here. I have been here over half of my life. I still can remember the dirt roads, rolling hills and endless fields. There were a few shops and our shopping mall was Cedarvale. Then, something happened. It's called progress. The dirt roads were paved over and new roads brought in. The hills were replaced with endless strip malls.. The fields became parks and houses. In 31 years, I watched a small town grow and the beauty of the greenery. vanish. There isn't much left; go. None of us has all me an- swers, but lwe; must tirelessly ask those questions.. and. -'de- mand answers that we can fully comprehend. One educational goal is "critical thinking," which sug- gests and j; demands critical questioning.:,Our children are ie referendum :t urbanization all in the .name of progress. I voted no on the park bond not only because. of the money, but because I feel enough is enough. I want to enjoy the quiet sanctity of; the greenery. So, to reply to. Mayor Tom Egan (Eagan Thisweek, Sept. . l5) exactly what part of no iidn't you. understand? Try gain? I'll still vote no. a Take a look Mayor Egan. The h !eauty of Eagan lies within the :reenery of the trees and hills, g of progress. Preserve what's 3ft. There isn't much. In other roads, the no stands for enough enough. 'AMI BESKAR E ;agan ui� u1Vuw WG1G UidL 1L 111UML have been the wording -that confused you and that his "solution" is to "re -package" the request and have yet an- other try at getting your hard- earned money? Instead, he should have said, "Thank you, we hear you and now let's move on to other matters. We all know the rea- sons were: A: We have an abundance of park land already (some of which we cannot afford to properly maintain.); B: More money would be needed than what was . re- quested; C: There are alternative methods of obtaining tax-free land; D: Tax burdens on local citi- zens continue to rise; E: We have seen overspend- ing on prior projects (Holz Farm); F: We did not want the pos- sibility of subsidizing some- one's hobby (Art Park Prop- erty)." - So voters, don't get upset that Mayor Egan is "disappointed" in you because the fact is you were well in- formed and you made the right choice. MIKE MCGRAW Eagan olic • - .. •- _i , '-'T By Thomas B. Koetting- • ' , Staff Writer . • , . 6 6 11- realize these :are. eiteSsiv.e.,Ehit The Eagan City Council's biggest there are too many -unknowns, and too 9 P decision last week . essentially in - little time. - volved no decision. The council refused .to consider a -request by Federal Land' Co. to • change the eity's policy on special assessments 'for street and utility construction. Instead, the council approved the special assessment as it had been planned, and said it - might consider a change in the poi- icyat at a later date. '1 • The decision had little effect on. the general public, but would be - watched in -Eaganby other devel- opers because of the extensive de- veldt:line:it in the city. The request was based on the largest special assessment' roll Eagan has ever prepared --"-;pearly $3 !Pillion. The assessment is for construction related to the Town Centre project near the intersec- tion of Pilot Knob and YankeeDoo- dle roads, along with some conven- ience -centers in . the "area. Most : of the assessment's impact will: be on • keep track of the amount of hours 2he spent on each project, the city does not have the mechanism to track -the amount .of. work "through -the-life of the assessirient,`Hedges said.: • _ . In addition, Hedge§:ssaiif_the pro- . posal_pould setadangerous pre- cedent-,-• with developers -in other - areasof the city combining their projects and asking for the same consideration;,, 116-1-iddedIfe-Would. strenuously ,cippoge, a Specjal.changefor Feder- . al Lai d's nrojeciAl-we can devel- op some type-oHio-urly wage scale, or- in some way substantiate that charges" were. off: then we could come-back--and-change tpeq,the assessment stands, - fieEsS Bea Blemqujst - - Eagan'inayor • • Federal Land, which is developing scale fee, iri.Wliich the' assessment • Town Centre. ' char-ges for _administrative work The city includes" in all assess - -would be reduced in proportion to -ments a straight charge of 4 -per, the size of the project. The *nos - al .ould have reduced Federal - cent for- -administrative costs and 4 ', 1.2 percent for legal -fees. Federal - Land's bill by $36,000, said City - Land attorney 'Charles -Bartholdi Manager Thomas Hedge. said -those costs might be justified However, neither nor under i noimal circumstances, but Federal Land sets Pity:policy, and because of the; Xize. of .lithe"assess;-- -although some _ council • members ment, they outstripped the services seemed to agree that a problem ex- the city 1;ya.s providing. • _ i4ed, they did not.see_a_soliiiion in - He said the assessment would be • nearly $90,000 for administrative ,• • "I. realize these are_exe-essive," work and nearly $20;600 lor legal :: :said, Mayor Bea BrottiquiA. "But work. Drawing an ..analtigy to the - 'there aretoo- manyunknowns, and real estate business, :Sartholdi too little time."' said, "It.makes no-differenee Hedges said the bigge,stlnknown house isL$100;00-0, how to actually maure "the , Work is the'sair..1,:-, city's administrative if ofIE::: Where- • Bartholdi -proposed!: a -sliding as an attorney might be able to /.. • • Sella typewriter with a want ad: • • L • ' , • • \ • • Call ,222-1111. • MIKE pRE ss DISPATCH /5 A1161-1i WSI Editorf,SteyettA. Smith • c?"-ert-A0 Assistant editor: DOnaltNelson, Staff writers: - Michele Cook Tholnas'8.-Ko2tpngn: •,:jeann ,„ • phatie:228:5475 iePtidentatives: : ,Kathy Helen Joyce Joe.Schoenig, :AdVeitieing Sales:,228j5,3,65 Circulation: 291-1888 - 0 ••,Deadline:-NeOn Wednesday for •,publication. the following WeclnesdevPlease send news items To' Neighborhoods,' St. PauI ,'Pioneer Press -and Dispatch, 345 Cedar -St, St. MinriT55101 r .1 • ?•,P the Nature Conservancy, an envi- ronmental group with offices in Minneapolis. Worthington theorized that the Burnsville prairie has survived be- cause its damp, rocky soils pre- vented farmers from plowing it. The prairie is home to several species of rare plants and grasses, and the Fish and Wildlife Service conducts controlled burns to reju- venate native grasses, Worthington said. Prairie plants can survive the fires because they have extensive underground root systems that sometimes reach 25 feet below the surface. A short footpath that starts near the MTC parking lot takes visitors through an expanse of prairie plants that includes yellow Canada goldenrod, fringed and bottle gen- tian and gerardia. A type of peatland known as a fen is adjacent to the prairie. Cal- cium- and magnesium -rich fen soils provide a habitat for eight rare plants. The prairie and its surrounding area also draw bald eagles, hawks and other rare birds, and is home to beaver, raccoon, muskrat and deer. Deer populations have thrived in the suburban environment so well that the Fish and Wildlife Service will conduct two controlled deer hunts in November to thin out the animals, Worthington said. The hunts, on Nov. 8 and 9 and Nov. 15 and 16, were approved recently by the Burnsville City Council. The agency will allow only 27 hunters on the property. Each will have to attend an orientation first and will be required to hunt from portable, elevated tree stands in- tended to keep bullets aimed down - Airport to put best foot forward By Thomas B. Koetting Staff Writer The Metropolitan Airports Com- mission, usually conscious of sub- stance but occasionally inattentive to style, is attempting to upgrade its public image. The commission has approved two steps aimed at breaking down the us -against -them mentality that persists between the commission and residents near Minneapolis -St. Paul International Airport. The first step is Airport Day, a bit of a misnomer because it is scheduled for two days — the weekend of Oct. 11 and 12. The event, coordinated by airport di- rector Tim Anderson, will offer visitors ranging from politicians to residents to tourists a chance to see the airport from the inside out. "We think it's an ideal opportuni- I ty to open the dcfs on a fall week - Please see Airport/ 2 Tom Worthington, an outdoor recreation planner with the U.S. Fish and Wildlife Service, surveys part of the 160 acres ward, he said. Although large deer populations have not posed a threat to the prai- rie preserve, Worthington said they have caused extensive damage to the refuge in Fort Snelling State Park in Eagan and Mendota Heights. In those areas, overgraz- ing has stunted the growth of some trees and caused others to stop Area parks will gE By George Beran Staff Writer Several metropolitan -area park development projects will be fi- nanced with more than $12 million in state aid to be disbursed through the Metropolitan Council and its seven -county parks commission. Dakota County will receive $850,000 to develop a campground for recreational vehicle users at Lebanon Hills Regional Park in Eagan and Apple Valley and ac- quire more land and develop a riv- er bluff campground at Spring Lake Regional Park in Rosemount. Jack Mauritz, a metro park planner, said he expects the money to be made available this month. St. Paul will receive $2.2 million for continued rebuilding of Como Park and $500,000 for more paving and landscaping on Mississippi River Boulevard. Mauritz said some projects, such New St. Joseph's Church By Jeann Linsley Staff Writer After 40 years, it doesn't seem fitting that parishioners of St. Jo- seph's Catholic Church in West St. Paul still have to get their Sunday WEST ST. PAUL spiritual lift while sitting in folding chairs and kneeling at a portable altar. So the 5,000-member congrega- tion, the largest Catholic parish in West St Paul, has decided to raise $2.5 mmiion for a more accommo- dating place of worship. We're out of space. We can't get everyone together. 9 9 Wally Baillon Charter member A committee of church members has embarked on a capital im- provement campaign that will cul- minate in construction of a 22,300- square-foot church and renovations to an existing school. The complex also would include a chapel which w—w V ♦ It -♦ E` T1 �. 1 T v-♦ r T r w—w • Tuesday, Oct. 7, 1980 'Osessm6nI controversy sub jest o 'meeting A mote than' 100 percent in- crease in proposed assessments to some Eagan homeowners for• - x public road and sewer. . im- • provements re - fleets a "gross ly. imisman- aged" project, resident Bob Novak has charged: _ But " Tem C o l b e,r-t', •' Eagan's public' 'Y' works director, Egan denied the alle- ". gation. .Novak and Colbert were inter Viewed by the Dispatch about the controversy, which may be re.' solved at a City" Council' meeting . 7 p.m. today.' • - `. . - LAST -WEEK, --about 100 citi' zens asked the council why pro- posed assessments in their Lake • - side Estates neighborhood, west of Highway .3 and north of Cliff Road, jumped from a 1p78 •esti- mate of $4,700. per lot t'o a ' 1986 figure of $9,640. i Only hours before a, recent as sessment -hearing did the_home- owners learn -of the . $9,640 fig- • ure, Novak said. ' 1 • "The whole operation was poorly done," he contended. "They (the_contractor) would:dig up some areas three times.. . We feel this is a cost `overrun that isn't justified. "Until now people have put up; and: One along with the project. But now- just about everyone has had.it:" ' • Colbert and Ann Goers; city special assessments, clerk, said they -discovered the overruns for the Lakeside Estates improve- ments when final construction costs were tabulated for the re- cent assessment hearing. "I WAS. discovering the costs -.were more than doubled," Goers said.: : ' 'Colbert sai&the overruns were caused by, among- other things: inflation, the site's pool -soil con- ditions; project. design changes and the needfor extra,stabilizing rock to 'offset`t`poor soil condi- tions.wlieninstalling sewer pipe.. 'Novak- contended that: the city 'should have required the con- tractor to, take 'soil borings = be- fore beginning construction. But Colbert responded: "If we • "required -the contractor to take soil samples that would have sctiool us added $100 per:lot (to the assess- ments). That wouldn't ,have changed the, soil_conditions." In defendingthe new, proposed per lot assessment cost, Colbert 7 said: "Compared ;with .existing developments the final construc- tion cost isn't out of. line:" HOWEVER,the residents :may get up to a $1,700 reduction on their assessments if the City .Council follows -a recommenda- tion from its: Assessment Com- mittee. . Councilman Tom Egan, a committee member, said the t • group's -recommendation .calls for .charging the citizens an as sessment that 'includes 20 per- cent for inflation and utility de- sign changes mandated by revised city policy.' • 3 .1• - n J . "Everything ielse- should' be de= leted," Egan -said., • The councilman said he was° : ; - disturbed •that costs for some" items; like soil excavation; :, weren't included,in the original"` • cost estimate.. > • You know t.h•tt's (chat • you're going to say if your candidate docsnt win. - • ruhhr g.•rvIce of the Mittonnl A,.oriation ofSWr.aarieo of �tntr. thi- f'uhiiratinn and _^ theAdv.rti>init Council COM } • z._• !MI W V W -V- V' 1W. V V. W W ir •••• w T w ww - 1r- 11, • = \ • • • • • Area reunions sc The MONROE HIGH SCHOOL class of 1960?will ,hold • its 20-year reunion -at .6:30 p.m.. Ott.•25 at the Ramada Inn, 1870 • Old Hudson Road (Interstate 94), St. Paul. For information, call, 644-1653 or 464-7954. a - . . . • The CRETIN HIGH SCHOOL: class of 1940 will hold a refinion• Nov.' 13, 14 and 15:Contact Jferb' A Walker at 698-7350 for more in-. • formatiofi. The JOHNSON • • HIGH SCHOOL Class of 1960 will hold its 20-year class: reunion Nov. 1. For more information call either Joy at 462-2746 or Marcia at 771-7927. The MONIROE HIGH SCHOOL Class of '1970 will hold its 10-year reunion at 6 p.m. Oct. Raul Pispatch , • • 18 at the Knights of Columbus Hall, 1027 W. Seventh Street in St. Paul. For Information, -tele- phone 777-8374 or 457-9873. The MECHANIC(ARTS HIGH • SCHOOL Class of 1955 will hold its 25-year reunion at 6:30 p.m. Nov. 1 at the Ramada Inn, 1870 Old Hudson Road, St. Paul. -For information.; :call 771-1565 or 48811436. GET THE WANT ADI-litBIT IT PAYS! • WANT ADS WORK 222-2844 ' Writers will _ Minnesota playwrights, poets and fiction • writers will read from their 'Works at, a program, beginning at 8:_p.m: Saturday in , Room 317 of, the, Landmark Cen-. ter St. Paul. They will be conchiding a day- long -conference for .writers .in • the. Writers-in-the-Schools.lpro- gram,.a 14-year-old project: that places professional writers iti, classrooms across the'state. . • . PLAYWRIGHTS John Orlock and- Marisha Chamberlain, fic- tion writers Terry Spohn "and Pa- tricia Francisco and poets Kate • •;- _ 'Tuesday, Oct. 7, 1980. read works in program • Greeri,.!,J6lin Caddy, Alvaro Cor- working, in •the schools this dona-Hifie and Patricia Hampl year." \ 1 • will be among those reading. - • The readings will be signed for "In 4ddition to •the general the deaf and accessible to the public,"; said program Director handicapped, she noted. The pro. Deborah Keenan, "I particularly gram' is sponsored by COMPAS meet tte writers Who wilr be .cy. , • hope that -teachers will attend to St. Paul's community arts ager . Etter 'bridge 'will be closed -.• ' t „ , The Etter bridge over the Ner- engineer.. - ,• • - • million River on Higliway.68 at Sandeen said that a• replace-. the Dakota -Goodhue County line ment deck will be installed •dur: •will be cloSed'from this,week .un- •,ing • the closing ,of the bridge,- •til about Nov..15,, says- Robert; which is located 10 miles south- Sandeen, a Dakota County public east of Hastings. . • -g;liv • $OUTHVI.5 i'S'..4171eA`1,4114; 41‘.-"t1:7 t.WV;:ri;j4a4412,!:•PAVPIle:*.:Z.41-V6A:ek.V.IN:44:.r W•-.0 *4-•;,:•``, 4 ' • - ,,,!•••1 • • Homeowners will partially pay .for sewer By SCOTT CARLSON Staff Writer ;U • Eagan , it may be a windfall to give the people that,", Egan said. Some . homeowners in south- ' Lakeside Estates from $9,611 to- `Out- we're. a democracy;'' east Eagan will partially pay for $7,941 per lot and residents =of' y,.. • he a storm sewer that was .never .;'° :Dodd Road from $21:50.to $16.22 • material mcontinued.misrepresentation I feel it•was' a part of a street and sewer` - per front foot. presentation ' not provement project first proposed •Mi..r r to have that (storm sewer) in the Its actions came after resi project.. two years ago. •"dents from:thoseareas claimed - But a City Council decision to they were being unfairly�'biir . • take that action isn't unfair, dened,by:the assessments which HOWEVER, Smith and Coun- claims Councilman, James were 80''to 100 percent'greater cilmen Mark Parranto and Theo- dore Wachter defeated Egan's. •motion. sBy a 4-1 vote, with Smith: "I'VE BEEN sitting' here for • eight, years saying everyone pays Atlantic Hills Drive said: `!We' agreed to• pay for two-thirds' of sewer,cos . • more. than. a„ year without; : a• .i `I question the adviseability of week told nearly 100 citizens at an assessment hearing. "I'm not about to say that everyone pays for their fair share except one group: • Smith contended the council was acting fairly in picking up two-thirds of the storm sewer costs and ;cutting the per lot as- sessments • for residents of Saddlehorn addition from a pro- posed $8,449 to $7,073. The' council also reduced as- sessments , for homeowners in their.` fair , share," .Smith last j •feel our. financial well being.was; the storm t • storm sewer, he asserted. callously disregarded during, the prosecution of the project." But the council and Adminis- trator Thomas Hedges said they 'were concerned about the large cost overruns; which weren't dis- covered until final construction Costs' were computed' for a'.Sep tember assessment hearing. s 'Councilman' Thomas Egan„ backed by Mayor Bea Blomquist, proposed having' the city,;pay;for the entire Sattehorn storm= sew '• er costs. "I sincerely appreciate: than originally estimated ;r. CITIZEN' Richard Hertz,' 550 Wachter dissenting, the council providing a benefit to any prop- ; erty free," Parranto said. • Smith agreed. "There's just no . way, that Sattlehorn would get by. DI.GEL® TABLETS Anti -Gas But one citizen jater said: "The purpose of a public hearing is to propose a project. To put in a storm 'sewers without going through a public hearing isn't proper :• „ r•• With this kind of finding; An- derson and other project advis- ers decided to use television in a, positive way to improve . chil- dren's eating habits by . making natural foods fun. "A SCHOOL lunch supervisor told us that in her school 2the kitchen workers .noticed that • INTERIOR FLAT LATEX. great delight. "His enthusiasm sold everyone at the table," Anderson contin- ' ued. "After hearing this we de- cided to film children who ate good foods with a spirit of fun and adventure." . . Copies of the nutrition poster can be obtained by calling 297- 3777. meetings set The South St. Paul School Board will hold special neighbor - 'hood meetings to discuss a pro- posed district grade reorganiza- tion at 7 p.m. Wednesday .at Lin- : coln School, 1400 Thompson Ave., and Oct. 29 at Jefferson .School, 125 21rst Ave. South. Parr..< SCHWlRN®'& SKI 1040 W. HWY 110 BETWEEN LEX. AVE. S. & 35E IN - MENDOTA: HEIGHTS 454-2066 ... OPEN TUES. & THUR.:'TI1:.8.= Iletters Force city of Eagan to live within its limits To the editor: Recently I incorrectly stated in my letter to the editor that my taxes will go up approxi- mately $15 annually for 15 years for the Sept. 10 park revenue bond. This is based on the current valuation of my house. Each year the assessed value of my house will go up (approximately 4 percent last year), and my taxes for the bond will increase accordingly. Assuming that the 4 percent house assessment valuation increase holds for the next 15 years, I will be paying ap- proximately $310, not the straight-line calculations of $225 I had reported. This does not include the tax increase that will be required to cover the administrative, programming and maintenance costs for the new acquisitions. That money is going to come out of another park bond fund to be floated at some future date. And, of course, standard costs for running the city will increase my tax bite as the years progress as well, over and above the current costs. Some will argue that I sound like a cheapskate. "Big deal," they will say. "I can handle that kind of increase. It's only $15. Whey can't you?" I can handle the increase, and I do want the expansion of pro- grams in our park system. But there is nothing in this bond issue to do that. I would sup- port a bond issue to expand the programs at the existing parks, expand police protection and expand community program- ming. I will not support a bond that is vaguely defined, poorly orchestrated, and requesting a "blank check" to spend money after the spending spree the current administration went on a couple of years ago to ex- pand City Hall and build the ice arena with money the city had invested for years. What I don't like is my local government saying "I need more money because I spent all of what 1 have," despite having a steady stream of in- come coming from the devel- oper contributions, existing tax base and ice arena. Wouldn't we all like this luxury? Try going to your local bank and asking for a loan to buy something "just because." I think justification is lacking. Let's force the city to live within its means. Vote "no" Sept. 10. GERRY ALBRIGHT Eagan -rius atik, Se ft,• ►, 146 Celebrati 8 YEARS at our Town Cen Salon Adult Styling Area H'ghlighting / Colorin Southport Centre, Apple Valley 891-4112 OVERRUNS RAISE COST OVER 50% - Eaganresidents, council reach agreement on assessment costs. By JUDY STRACHAN Staff Writer EAGAN -- The city council chambers were packed with residents from Lakeside Estates, Saddlehorn Addition,'= and Dodd Road Tuesday, Oct. 7;--for-the con- tinuation of the public hearing on the assessments .'for-)• im- provements in that area. A public hearing was held Wednesday, Sept. 24, to consider assessments for the project costs related to improvements in those areas. The assessments were considerably higher than the estimate given to the affected property owners at the original public hearing Oct. 3, 1978. Therefore, the hearing was con- tinued to the Oct.. 7 city council meeting, allowing the special assessment committee to meet Oct. 1 to review the validity of the proposed assessments and pro- . vide a report to the council. The council also held a special budget. meeting Oct. 6 to discuss the impact on the 1981 mill rate if a portion of the project costs would be picked up by the city. A list of alternatives was presented to the residents at the. meeting, stating the 1978 report costs, the proposed final assessments, and two recommen- dations from the special assess- ment committee and the staff alternative, which was prepared at the direction of, the council. Tom Hedges, city ad- ministrator, prefaced the hearing. by stating:that the cost overruns which could ,be picked up by the city would net impact the general or property tax mill rate, and asked Tom Colbert, public works director, to present the rationale . for the assessment calculations. A representative of the Lakeside Estates project stated, "for the record," that he would like to see the city "avoid such tragedies in the future." He said that the estimates should include inflation factors and also any un- forseen factors. "A diversity of 50% or more should never be allowed. We were misled until the assessment hear- ing and I think the council should address both the legal and moral issues here," he stated. "We aren't asking the city to shoulder all our costs, we're willing to ac- cept some responsibility, but we are asking for a just portion of the costs." - The Saddlehorn Addition spokesman said that the city's proposal of a 40% increase over the report cost "surprised us. We thought it would be about 20%, and we frankly aren't ready to. comment at this time." He then asked for a recess of 10 minutes, which was granted. Following the recess, he stated that Saddlehorn residents "don't wish to argue benefit, but we would like to discuss a hardship on this of 36%. In all fairness, we're willing to accept some hardship, ,but we can't accept more than a 27%, increase, in costs, the same as Lakeside Estates." Tom Egan, council •member, suggested that the cost of the Sad-, dlehorn storm sewer assessment be deleted. Council member Mark Parran- to quickly disagreed, saying that he questioned giving away im- provements. "How will we justify that in the future? How can we provide a benefit with no charge at all?" . Mayor Bea' Blomquist asked the 'engineer if the storm sewer was part of the feasibility report in 1978, and was told that it was not. Egan noted that the project is completed and it includes some items the people were aware of and some they weren't. "We have to come to grips with the problem. The project is finished and it has a tremendous overrun. I agree that it will be a windfall to give people the benefit of a utility, but they voted on that project based on the cost. I think the city should bite the bullet and assume a portion of the cost," Egan said. Parranto added, "We are assuming a portion of the cost, but how do we explain to others that they have to pay for their benefit and give these people a benefit without cost?" Council member Ted Wachter said'he was in favor of giving the residents half credit on the storm sewer. Council member Jim Smith apologized to the residents saying that this project was "Murphy's law carried to the ultimate," and then in an aside noted, "and Leo's .:not even around now.' r _ 'Smith added, `Everything that could have gone wrong' with a project went wrong with this one, but there is no way I can go along • with a free sewer." He proposed knocking $100 off the Saddlehorn 'project over and above the staff report. "That should solve the problem to the satisfaction of the council and the citizens." Parranto suggested the city. modify the present procedures on, change orders on projects to. • "find out why this went so wrong." Egan said that he definitely did not want "anything we do tonight to set a precedent. We're trying to solve a unique, serious pro- blem equitably." A resident suggested that since the city and the residents are paying for the mistake,' the engineer should also kick in some money. This brought a round of applause, laughter, and cheers. The motion to approve the modified assessments deducting the. cost of the storm sewer for Saddlehorn failed on a 2-3 vote with Smith, Parranto, and Wachter voting against. The motion passed, allowing a two-thirds deletion of the Sad- dlehorn storm sewer, and the assessments were ordered. The council also extended the pay- ment proposal to 20 years for the project. In other action, the council: PROCLAIMED local govern- ment day Tuesday, Oct. 21 at 6 p.m. The council' will dedicate Rahn Thomas Trail in ceremonies . near Thomas Lake Elementary School. APPROVED a stop sign on Carnelian and Pumice Ln. for six month trial basis, extra polic patrol, painted crosswalks, an• hearing impaired signs. AUTHORIZED purchase of dump box and snowplow. AUTHORIZED preparation of :the •.1981 comprehensive:..,fe: schedule. CONTINUED the MTC shelte selection sites. APPROVED payment to Eugene Haeg of $250 for the loss of a crab apple tree during street construction. APPROVED all consent items. APPROVED Industrial Revenue Financing for Yankee Square Office II, but took no action on the financing fo Yankee Square Office III. DISCUSSED, but took no ac' tion, on the comprehensive guide plan. APPROVED certification of the 1980 property tax levy, payable 1981 to Dakota County. APPROVED the repainting f the Univac reservior, and. asked Y 0 e the staff to also submit plans for painting Eagan and the logo on the water tower. AUTHORIZED a joint agree- ment with NSP. on project 80-20, Schmidt Addition utilities. APPROVED the preliminary plat 'of Eagandale Center First Addition. APPROVED the final plat for Windcrest First Addition. APPROVED the final plat for Braun Sunrise Addition. CONTINUED_the_petition for Lexington Ave. extension and the - completion of Wilderness Run Rd. ACCEPTED the petition for street improvements for Twin View Manor and set the public hearing for Nov. 5. CONTINUED the apointment of the sign committee. DENIED special assessment recommendations for William Renwick. and David Dehler, and approved the requests of Thomas Murr, Jack Germaine, and Trudi Johnson. ACCEPTED the petition for a feasibility report for sanitary sewer for the Al Rahn property. DENIED the request for exten- sion of assessment time for Brit- tany Second and Third Addition utilities. CONTINUED the revision to Ordinance 52. APPROVED a cable TV com- mittee meeting Oct. 30 at 7 p.m. ACCEPTED, with regret, the resignation of Alyce Bolke, city clerk. APPROVED the list of election judges. . APPROVED a review of design standards in city engineering projects so that future cost over- runs will not occur. Guiness book sets records What's the fastest selling book title ever and the most frequent]' 'stolen book in British pub/ libraries? It's the "Guiness Br of World Records." Th; something of a record• itself �nhasis on t e pro i s /to be made by new participants,, roducing a •pyramid ,aney game was operated odants this way: jlicipants paid $500 to ne a member and play the Le. e names of players or bers were entered on a mid chart containing 64 es. en a chart was filled with 64 es, it was split into four new Is with prior members mov- to higher•.,levels..on.•the'inew, w participants were induced` SERVE THE TO LIMIT NTITIES insurance policy can help protect your family's security. CaII us today. Get more out of life. Gary Record Mike Ward Bob Beulke East of Co. Rd. 42 & Cedar„ Apple Valley" AMERICAN FAMILY. AUTO HOME BUSINESS HEALTH LiPE American Family Life Insurance Co. Madison, Wis. 432-370 CO. RD. 42 & HWY.. — ROSEMOUNT •MON: TOES: WED. -SAT. 7:30:A,M. TO 6:00 P.M. THURSDAY & FRIDAY 7:30 A`.M. TO 7:00 P.M. SUNDAY 9 A04, .TO 12 NOON SHOP OUR OLD FASHION, DISPLAY MEAT COUNTER "WE WAIT `ON YOU" • LETTUCE L head 390 CHIQUITA ' BANANAS lb. 294 HELLMANNS TARTAR SAUCE 6 oz. 49 DUFFY'S WHITE„-, READ B loaves 994 AIL . , CARROTS 2lbs. 35 'A APPLESN 3 lbs. 794 TUNA FISH can 894 Chicken Noodle DRY SOUP ',DRY MIX pkg. 554 E DAKOTA HEARTH BREAD. DOUGH 5 - 1 Ib. pkgs. • $149 RHODES WHEAT BREAD DOUGH _ 2 - 1 Ib. 990 SALUTO DELUXE PIZZA • pkg. $279 i )S PROMISE MARGARINE 1 Ib. pkg. • • 794 PHILADELPHIA CREAM CHEESE pkg. 794 SAVORY Canadian Bacon $1 99 Ib. Slicd Weights Random ., R HORMELS COOKED SMOKED SAUSAGE $89 lb. 1 FULLY COOKED •Smokee's Smokee Cheezers $ 159 lb. or WILSONFULLY BIG BOLOGNA Ib. $119 • 100% Orange '/z $1 PURE Juice gal: 1 5 CLOVER . LEAF PARTY • . DIPS ctn. Flavors ,1. , Many 354 i REGULAR OR THICK BACON • Ib. pkg. $149' WILSON , SLICED . • CERTIFIED SKINLESS ALL FRANKS ,994 pkg. MEAT. WILSON COUNTRY RIBS lb. $ 1.29 PORK SALE LOIN ROAST ' lb. $ PORK 1 29 DUFFY'S FINEST T-BONES Ib. $299 �-1 :ity Council makes alterations to street mprovement timeline ty MARK LARSON Under scrutiny from a neigh- orhood group, Eagan's street :mprovement assessment pol- cy was slightly changed to ccommodate residents' con - erns. At their May 19 meeting, ;ity Council members :hanged the customary se- iuence of events, allowing for project's assessment hearing o be held the same day as the yid awarding. Normally assessment hear- ngs for street improvements re held up to two month after he improvements are com- )leted, but a carefully worded argument from a neighborhood epresentative persuaded the :ouncil to rearrange the regular timeline. "It's like paying for a car af- ter you get it home, and then finding out you paid way too much," said Mike Armada, a resident of the Oak Pond Hills neighborhood scheduled for the street improvements. Mayor Tom Egan said Ar- mada raised some excellent points and he agreed with Ar- mada that the council, and public, should know what resi- dents will be expected to pay in assessments before construc- tion on a project has begun. According to the Director of Public Works Tom Colbert, 13 properties will be affected by the assessments in the Oak Pond Hills neighborhood, � 111s weed MoN z`+, lag(Z Assessments (Continued from front page) which is north of Cliff Road in southeastern Eagan. ._ " The: -.improvements 'call for street reconstruction and the addition of curbs and gutters. The installation of a storm sewer, sanitary sewer and wa- ter main connection are also included. In all, the city staff estimates the project will cost $620,000. The city will pay for about $350,000, with the prop- erty owners paying for the re- mainder. Almost everyone agrees the street, which was constructed 20 years ago, needs reconstruc- tion. On the 100-point Pave- ment Condition Index (with 100 being the very best condi- tion), the pavement received a rating of 18, making it the worst paved road in the city. Armada challenged the amount of property value in- crease appraisers for the city estimated would occur as a result of the improvements. Called the benefit amount, the property value increase is what the city uses when determining how much to assess property owners. By law, the city can- not assess more than the bene- fit amount. According to the feasibility study submitted by City Engi- neer Russ Matthys, the ap- praisals identified a benefit of $7,000 for street and storm sewer improvements and a benefit of $7,000 for sanitary sewer and water main im- provements for each unit. Armada argued the estimated benefit was far too . high, and. based on his personal 15 hours of interviewing realty experts, the amount should have been a total of $7,000 or less — half what Eagan's appraisers esti- mated. Armada said a repre- sentative from Dakota County said the assessed property value would not change at all with the improvements and a nearby city attorney told him similar improvements on unde- veloped land, which is consid- ered a greater benefit, would only add $12,000 to $15,000 in property value. Council Member Bea Blomquist, who maintains she opposes the city's current as- sessment policy, said her own investigations have yielded similar information. At Egan's suggestion, the council approved the im- provements and authorized the preparation of detail plans and specifications. The bidding process and assessment study will be carried out simultane- ously, with both being final- ized at the Aug. 4 council meeting. Assessment policy is threat to the rights of individuals To the editor: Your article entitled "Council debates assessment policy" states that Council Member Bea Blomquist appar- ently objects to the city's pol- icy of denying her (as a tax- payer) access to the appraisal prepared for the Oak Chase street improvement. I must admit I find it strange a citizen should be denied access to public information on the basis that it would "put the city at a disadvantage" in case of a court proceeding. It would appear to the aver- age observer that as taxpayers we are generically (so to speak) at a disadvantage when it comes to having to deal with the government. There are many aspects to this interesting encounter be- twaen the council member and the mayor. However, what strikes me most eloquently is the philosophical opposite that both exhibit. To quote Egan: "We're trying to do what's good for the whole commu- nity." A laudable sentiment to be sure, unless one considers the other quote by Egan: "Blomquist seems to be put- ting the good of a few ahead of the good of the whole commu- nity." Putting this into perspective, one should ask is it OK to pun- ish "the few" so that a "greater good" is conferred to the "community?" Not being a scholar of the Constitution, I nevertheless imaging the archi- tects of the foundation of the United States of America envi- sioned a far different concept than that represented by Mayor Egan. I would like to thank both council members Bea Blomquist and Pat Awada for taking a stand for individual rights. H. B. JANDEWERTH Eagan 1. SPECIAL ASSESSMENT 1 POLICY GUIDE CITY OF EAGAN, MINNESOTA MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 2, 1978 SUBJECT: ASSESSMENT POLICY GUIDE The Assessment Policy Guide represents the compilation of current policies and procedures relating to special assess- ments within the City of Eagan. In addition, it includes an explanation of the purpose for such assessments, provides information and examples on the methods used in assessing, and offers a brief description of the City's water, sanitary sewer, storm sewer and road systems. The policies are a result of many meetings, as a matter of record, held by the Assessment Committee. The Assessment Committee --its members, Chairman Don Knight, Joe Harrison, Art Rahn, Jim Smith, and Dale Vogt --was involved with the drafting of the policies over a period of years. This document was prepared during the summer of 1977 by Mr. Ken Damlo, an Administrative Intern with the City, under the guidance of the City Administrator. A preliminary draft was distributed to the City Council and Assessment Committee members in July, and a revised draft was reviewed by the Assessment Committee on December 1. On December 13, 1977, the City Council accepted the Assessment policy guide, at ,which time they recognized it as reflecting the Council's position on current assessment policies. The policy guide will be available to City officials, staff, developers, and other interested citizens. It will serve as a convenient reference for providing information on current practices , and having a comprehensive document will also facilitate a periodic review so that the policies will be kept up to date. This will help the City to remain consistent and equitable in the implementation of special assessments. (LN INA° .4_ City -A ministrato SPECIAL ASSESSMENT POLICY GUIDE ACCEPTED BY CITY COUNCIL, DECEMBER 13, 1977 HERBERT POLZIN,MAYOR ARTHUR RAHN WILLIAM RYDRYCH JAMES SMITH THEODORE WACHTER REVIEWED BY ASSESSMENT COMMITTEE, DECEMBER 1,1977 JOSEPH HARRISON ARTHUR RAHN DALE VOGT JAMES SMITH DONALD KNIGHT CITY STAFF AND CONSULTANTS CITY ADMINISTRATOR THOMAS L HEDGES CITY CLERK ALYCE BOLKE ADMINISTRATIVE INTERN KENNETH DAMLO ASSESSMENT CLERK ANN GOERS CITY ATTORNEY PAUL HAUGE CITY ENGINEER BOB ROSENE (BONESTROO, ROSENE, ANDERLIK & ASSOC.) t t t CONTENTS INTRODUCTION SPECIAL ASSESSMENT PROCESS Initiation 3 Feasibility Report 3 Public Hearing 4 Construction of Project 4 Assessment Hearing 5 Payment of Assessments 5 IMPROVEMENTS ELIGIBLE FOR SPECIAL ASSESSMENTS 8 METHODS OF ASSESSMENT Lot Unit Method 9 Area Method 9 Ponding Credit 10 Street Credit ,r) Front Foot Method 11 Rectangular Lots 11 Cul-de-sac 11 Lots with curved footage 12 Trapezoidal and triangular shaped lots 12 Irregular and Odd -shaped lots 12 Corner lots 13 Determination of Assessment Rates 15 WATER Description Policies Trunk Mains Supply and Storage Laterals Lateral Benefit from a Trunk SANITARY SEWER Description Policies Trunk Mains Laterals Treatment and Disposal 16 17 17 18 18 19 21 22 22 22 23 STORM SEWER Description 25 Policies STREETS Description Funding of Street Improvements Policies Local Streets Major Streets 27 29 32 32 33 EASEMENTS AND RIGHTS -OF -WAY Description 34 Policies 34 ADDITIONAL CONSIDERATIONS Assessable Cost 36 Assessment of City -owned property 36 Assessment of Property Owned - Other Political units 36 Errors and Omissions in Assessment 36 Assessment of Tax Delinquent Property 37 Motels 37 Railroad Property 37 Assessment Spread 37 Rezoning 38 Subdivision of Existing Platted Lots 38 Subdivision/Distribution of Existing Assessments 38 SUBDIVISIONS Public Improvements Financing APPENDIX 40 41 I. INTRODUCTION In the early 1960's, much of Eagan was undeveloped. Agriculture was the dominant land use in what was then still a township. Since that time, the population in the City has increased to almost 20,000 residents. Industrial and commer- cial activities have grown, and new residential subdivisions have been platted throughout the City. The transition to an urban area has created a need for public facilities, such as streets, water, and sewer systems. Minnesota State Law (Chapter 429.010 - 429.111) outlines a means by which a City can provide such improvements and then recover the costs involved by levying "special assessments" against the benefited property. Although regulated by law, communities still have a certain amount of local discretion when implementing special assessments. Criteria which must be met before a particular parcel can be assessed include: a) The land has received special benefit from an improvement; b) The assessment is uniform with respect to similar types of land use; c) The amount of the assessment does not exceed the special benefit received. The determination of benefit received is based on the increase in the market value of the property as a result of the improvement. The specific cost of extending an improve- ment past a particular parcel is not the determining factor as 1 to the amount assessed. Also, the fact that a parcel does not abut a particular improvement does not mean that it has not received benefit from that project. It is the responsibility of the City Council, with the assistance of the City Engineer, to establish the method and rate by which properties will be assessed. A major concern is that the City recovers the expense of installing the improvement, while ensuring that each parcel pays its fair share of a project's cost. The law does not specify how benefit is to be measured or the way in which costs are to be apportioned. However, it is important that assessments be implemented in a consistent and equitable manner. This manual sets forth the assessment policies of the City of Eagan. Special circumstances may arise which will call for individual consideration by the City Council. However, these policies are intended to serve as a guide so that the assessment process is conducted fairly and system- atically throughout the City. 2 II. SPECIAL ASSESSMENT PROCESS The law is very specific as to the procedure to be followed when a municipality levies special assessments. Major steps in this process are outlined here. Forms which are used for the various notices and resolutions are in the Appendix. Initiation Public Improvement projects may be initiated in a number of ways: The City Council decides an improvement is necessary or desirable for the community; the project is sponsored in part by the County or other political unit; City staff recommends initiation of the project; a petition is submitted by the developer requesting improvements for a particular subdivision; or, at least 35% of the affected property owners sign a petition requesting that an improvement be made in their neighborhood. Feasibility Report At the first regular meeting following receipt of a petition for public improvements (or in response to the Council's interest for a project), the City Council will authorize the City Engineer to prepare a feasibility report on the proposed project. After this report has been completed and the estimated project costs are known, the Council passes a resolution accepting the report and setting a public hearing for the proposed improvement. If the petition is signed by 100% of the affected property owners, the Council may decide to order the improvement without a hearing. 3 t t t 1 1 1 1 1 Public Hearing Proper notification will be given of all public hearings. In the feasibility report, the City Engineer will designate the area to be included and will provide the legal description of the property affected by the project. The Assessment Clerk then identifies the owners of the parcels within the improve- ment district and mails to each a notice at least 10 days prior to the public hearing. Notice is also published in the legal newspaper of the City two times, the last at least three days before the hearing. The City Council will conduct the public hearing. Failure to notify individual property owners will not be cause to invalidate the public hearing. If the City Council approves the project, a resolution is then adopted authorizing the improvement to be constructed and the preparation of plans. When plans are received, the City Council passes a resolution approving the plans and specifications, and it authorizes the advertisement for bids. Construction of Project For bidding purposes, the City Engineer may include different types of improvements in the same project. However, assessments are based on the specific benefits each parcel receives. Final project plans are prepared and bids are received and tabulated. The City Council awards a contract based on the bids received, and the work is per- formed with inspections conducted by the Engineer. 4 Assessment Hearing The assessment roll can be prepared at any time after the contract has been awarded and the assessable costs can be determined. An assessment roll is prepared for each project which identifies the amount of the assessment against each parcel. An assessment hearing is then scheduled. Notice of the time and place of the hearing is published at least 14 days in advance; affected property owners are also notified by mail. The City Council will conduct the assess- ment hearing, at which time a resolution is passed adopting the assessment roll. No assessment hearings will be scheduled between September 15 and December 31 of any year, because of the time needed for certification of the roll to the County Auditor. Payment of Assessments Assessment rolls are kept on file at City Hall from the date of adoption until October 1 of that year. Within the first thirty days after adoption of the assessment roll, property owners may pay all or part of their assessment without interest being charged. The total amount of the assessment may be checked at the City Hall; no state- ments are mailed to property owners. After the first 30 days, the property owners may pay all or part of their assessment at any time with interest beincr charged from the date of adoption of the roll to date of payment. 5 The balance remaining on the assessment roll is then sent to the County Auditor for certification by October 10 of the year in which it was adopted. Annual installments, including interest, will appear on the individual's property tax statements. Payment of the unpaid balance can be made at any time, although if the payment is made after October 10, interest will be charged for the following year. Before certification to the County, payment of assess- ments can be made at the Eagan City Hall. Upon certification, assessments are to be paid at the County Auditor's Office in the Dakota County Government Center in Hastings. The law provides that unpaid assessments become a lien against the property. Through Ordinance 66, the City allows for the deferment of payment of special assessments against homestead property owned and occupied by a person 65 years of age or older, if such payment would create a hardship for the property owner. Further information may be obtained from the City Clerk. 6 t Citizens have the right to appeal an assessment to the District Court, in accordance with Minnesota Statutes 429.081. An Assessment Committee has been established, consisting- of two City Council members, one member of the Advisory Planning Commission, and two private citizens. This committ reviews those matters related to special assessments involving; policy or procedural questions, and it makes recommendations to the City Council with respect to these issues. 1 1 1 1 1 1 1 1 1 1 1 1 III. IMPROVEMENTS ELIGIBLE FOR SPECIAL ASSESSMENTS Public improvement projects currently subject to special assessments in the City of Eagan are as follows: 1. Construction and paving of City streets; construct- ing sidewalks, curbs and gutters; recovering the City's share of cost for upgrading County roads. 2. Construction and extension of the water works system. 3. Construction of the sanitary sewer system. 4. Construction of the storm sewer system. 5. Removal of diseased trees from private property. Also, there are other projects under the law which the City of Eagan retains the authority to recover costs through special assessments. These include: 1. Reconstruction of water, sanitary sewer, or storm sewer systems, as well as sidewalks, curbs and gutters. 2. Acquisition and construction of parking lots. 3. Planting, care and removal of street trees. 4. Installation, replacement, extension and main- tenance of street lighting. 5. Acquisition and improvement of parks, playgrounds and recreational facilities. 6. Construction and maintenance of dikes and flood control works; construction and maintenance of retaining and area walls. 7. Abating nuisances, including but not limited to, draining and filling swamps, marshes and ponds on public or private property. 8. Any other construction or maintenance project allowable under Minnesota Law. 8 IV. METHODS OF ASSESSMENT Different methods of assessing property are available, and the particular method used will be the one which best allows for an equitable distribution of the cost, as determined by the City Council upon recommendation of the City Engineer. A description of each assessment method is presented here. Later sections will identify which method is generally used in connection with a specific type of project. 1. LOT UNIT METHOD When the lot unit method is used, all lots in the area to be included will be assessed equally. EXAMPLE Assessable Cost - $2000* Number of Lots - 10 Per Lot Assessment - $200 *Assessment rates used in this section are for pur- poses of example only 2. AREA METHOD This category includes both the "Net Acre" method and the "Square Foot" method. Assessable area shall be expressed in terms of the number of acres or the number of square feet subject to assessment. "Net Acre -When using this method, the assessable area of a parcel is multiplied by the "per net acre" rate to arrive at the assessment amount for that parcel. "Square Foot" - When using this method, the assessable area of a parcel is multiplied by the "per square foot" rate to arrive at the assessment amount for that parcel. 9 1 When determining the assessable area, the following considerations will be given: Ponding Credit Lakes, ponds, and swamps will be considered as tart of the assessable area of a parcel. However, the. property owner has the option of giving a storm water ponding easement for the land under the lake, pond, or swamp to the City. If such ponding easement is given, a ponding credit equal to the area of the lake, pond, or swamp is to be subtracted from the gross acreage of the parcel before determining other credits. Street Credit An allowance will be made for streets. When the parcel is platted, actual and pro- posed streets will be deducted. When the parcel is unplatted, and no streets have been platted or proposed within it, 20- of the gross acreage will be deducted as a credit for streets. If, after deducting the ponding credit, the result is a parcel of less than 3 acres, the 20o street credit will not be allowed. ere 10 acres EXAMPLE Total Acreage 10.0 acres PONDING CREDIT - 2.0 acres 8.0 acres 20% Street Credit -1.6 acres Net acreage of parcel 6.4 acres Assessment rate x $500/acre Total Assessment $3,200 10 3. FRONT FOOT METHOD When using this method, the adjusted front footage of each parcel to be assessed is calculated. To determine the assessment for a particular parcel, the "per front foot" rate is multiplied by that parcel's adjusted front footage. When calculating adjusted front footage, the followinca policies will apply. The specific means used to determine front footage will be the one which best reflects the benefit received from an improvement. Rectangular Lots Measure the lot width at the front lot line. 90' EXAMPLE Adjusted Front Footage - 90' x Assessment Rate - $10/FF Total Assessment $900 Cul-de-sac Lots Measure the lot width at the building set back line; or Measure the lot width at the front and back lot lines, and divide the total by two; or Use a minimum lot width based on an evaluation of the typical lots in the addition. EXAMPLE 9 EXAMPLE Adjusted front footage - 60' 11 Adjusted front footage - 40' + 95'= 67.5' 2 Lots with Curved Frontage Measure the lot width at the building setback line; or Measure the lot width at the front lot line. 100' EXAMPLE EXAMPLE Adjusted front footage - 110' Adjusted front footaq - 100' Trapezoidal and Triangular Shaped Lots Measure the lot width at the front and back lot lines, and divide the total by two. 100' 0 EXAMPLE Adjusted front footage: A. 100' + 10' = 55' 2 B. & C. 100' + 0' = 50' 2 Irregular and Odd -Shaped Large Lots Measure the front lot line and the lot width at a distance of 150' from the front lot line, then divide the total by two. EXAMPLE Adjusted front footage: 200' + 275' = 237.5' 2 12 Corner Lots A. When assessing for utility laterals 1. Platted lots zoned residential -- assess only the short side of the lot. ___J 95' EXAMPLE Adjusted front footage: 95' 2. Platted lots zoned commercial or industrial -- assess along both sides (if laterals pass both sides), with a side lot allowance of 150'. When determining front footage, measure at the building setback line. 175' EXAMPLE Adjusted front footage: 175' + 50' = 225' 3. Public facility lots -- assess along both sides, with a side lot allowance of up to 300' or equal to the short side of the lot, whichever is less. The assessment will be based on the long side of the corner parcel, less street allowance. 200' 0 0 EXAMPLE 600' Side lot allowance - 200' Adjusted front footage 400' 13 4. Unplatted parcels -- a corner lot allowance of 150' will be given at the corner of all un- platted parcels. (Given only when utilities pass both sides.) 150' ' 250' 0 N B. EXAMPLE Adjusted front footage: When assessing for streets -- all property 250' 250' 500 1. Assess the short side and one-half of the long side lot line up to 150', with a total credit of 75'. 100' 0 EXAMPLE Side lot credit: 140' = 70' 100' + 70' Adjusted front footage: 170' A minimum and maximum front footage will be established for residential lots for assessment purposes. 14 Determination of Assessment Rates The way in which the assessment rate is determined depends upon the type of improvement involved. For some types of projects (e.g., water trunk oversizinq), a rate is pre -established by the City Council and remains effect until it is updated, usually on an annual basis. When this is the case, the rate used for the assessment will be that which was in effect on the date of the public hearing for that improvement. With certain other types of improvements (e.g., sanitary sewer laterals), particular costs associated with the indi- vidual project is reflected in the assessment rate. Also, when additional sources of funds are available (e.g., construction of a County Road), the assessment rate used will reflect benefit received. Further explanation regarding determination of assess- ment rates is provided in the following sections. 15 V. WATER A. Description Eagan's water system includes three categories of facilities: supply and treatment, storage, and distribution. The current source of water for the City is from a series of seven deep wells. Supply facilities include the wells, pumps, pumphouses, controls, raw water transmission mains, and all related works. Chloridation and fluoridation is provided at each well house. Water storage is provided by a 5 million gallon ground reservoir and a .5 million gallon elevated tank. This water is used during emergencies and peak demand periods. A 2 million gallon ground reservoir and an additional deep well will be added to the system in 1978. The distribution system is a network of water mains, valves, pressure reducing stations, hydrants, and related works which allows water to be conveyed from the supply and storage facilities to homes, businesses and other points i" the City where water is used. Trunk water mains are from 10" to 24" in diameter, and are designed to carry large volumes of water. Watermain laterals are either 6" or 8" and convey water past buildings abutting a given street or easement. Service stubs provide water from the lateral to the property line, and are from 3/4" to 6" in diameter. In 1976, the City Engineer prepared for the City a study entitled Report on Water Supply and Distribution Review. This report is a revision of earlier water studies, and in- cludes a comprehensive plan which is intended to serve as 16 a guide for the completion of the City's trunk system. Recommended assessment rates are based on this plan. B. Policies TRUNK MAINS It is the policy of the City to assess benefited property for water main trunk oversizing. Trunk mains for water, sanitary sewer, and storm see::,r are often constructed with larger diameter pipe than is necessary to serve abutting property. This "oversizing" is necessary to handle the volume which passes through that section in order to serve other parts of the system. The difference between a normal sized lateral and the actual size trunk installed is reflected in this area assessment. The assessments for water trunk oversizing will extend to property one -quarter mile on either side of the trunk main. The method used to assess trunk oversizing is as follows: a) Platted single family residential lots of one acre or less will be assessed on a per lot basis. b) Platted residential lots of more than one acre %-.-i11 be assessed on a net acreage basis. c) Commercial and industrial property will be assessed on a net acreage basis. d) Public facility property will be assessed on a net acreage basis. e) Unplatted property zoned residential or agricultural will be assessed on a net acreage basis using the residential rate. 17 The area assessment rate for water trunk oversizing is based on the following calculations. In the 1976 study,thL cost of completing Eagan's trunk system was estimated usinc: accepted engineering procedures. This estimated total cost of trunk oversizing was then divided by the number of assessabl acres which have not yet been assessed for water trunk to determine the average cot per acre of oversizing. This rate is adjusted each year to reflect the changing cost of com- pleting the system. SUPPLY AND STORAGE It is the policy of the City to recover the costs of water supply and storage by collecting connection charges. a) The Residential Equivalency Charge shall be the amount collected for a single family residential unit. b) Duplexes and townhouses will be charged one Residential Equivalency Charge per unit. c) Multi -family structures (3 units or more) and mobile homes will be charged .80 Residential Equivalency Charge per unit. d) For existing residential structures, the charge will be collected at the time of connection. For new structures, the charge will be collected at the time the building permit is issued. e) Public facility property will pay an amount equal to the Residential Equivalency Charge multipliec: by the number of SAC units attributed to the part cular facility, as determined according to MWCC guidelines. This charge will be collected at the time of connection for existing structures, or at the time the building permit is issued for new structures. f) Commercial and Industrial property will be charged at a per acre rate which is equal to 2.17 times the Residential Equivalency Charge. This amount is added to trunk oversizing assessment and is assessed using the "net acre" method. 18 1 1 The amount of the connection charge for supply and storage purposes is based on the following calculations. In the 1976 study, the cost of providing future supply and storage facilities was estimated. This amount was then divided by the number of estimated future equivalent connections. This rate is adjusted each year to reflect the changing costs involved. LATERALS The cost of constructing water laterals will be re- covered by assessing abutting properties. When assessing for water laterals, the "front foot" method or the per lot method may be used. Assessments for water laterals are levied against all benefited properties in the area to be included at the same time, even if some properties do not connect at the time of assessment. The rate of assessment is based on actual project cost. This actual project cost is divided by: The total number of adjusted front feet in the project area, to calculate the per front foot rate; or The total number of assessable lots in the project area, to calculate the per lot rate. Lateral Benefits from a Water Trunk Where a trunk main serves as a lateral (providing service to abutting property), a lateral assessment or connection charge in lieu of assessment will be charged. The assessment for lateral benefit from a trunk will be levied at the time of connection. However, property owners have the option to prepay this assessment at any time at the prevailing rate even though the property owner does not desire to hook up at that time, pro- vided that the water or sewer main is directly accessible for lateral purposes at the time of assessment. 19 t The lateral benefit rate is determined annually for all connections to be made that year and is based on current unit prices for the size of the lateral main which would generally be required for lateral distribution if the trunk main was not installed. The cost of the service stub (from the main to the property line) will be in addition to the assessment for lateral benefit. 20 VI SANITARY SEWER A. Description The sanitary sewer system in Eagan includes conveyance facilities plus treatment and disposal facilities. The ownership and operation of treatment and disposal facilities is the responsibility of the Metropolitan Waste Control Commission. Eagan is served by two large diameter interceptors situated along the south bank of the Minnesota River which carry wastewater to the Seneca Treatment Plant located in the Cedar Industrial Park. The conveyance facilities include sewer trunks, lift stations, force mains, laterals, and related items associated with the collection and transportation of wastewater from where it is generated to the treatment facility. Sanitary sewer trunks are 10" in diameter or larger and serve as collectors of the wastewater generated within an area. The sanitary sewer laterals are 8" or 9" in diameter, and are designed to serve buildings along a particular street or easement. Service stubs are 4" or 6" in diameter, and lead from the lateral to the property line. In 1976, the City Engineer prepared for the City a study entitled Report on Trunk Sanitary Sewer System Review. This report is a revision of earlier sanitary sewer studies, and in- cludes a comprehensive plan which is intended to serve as a guide for the completion of the City's sanitary sewer trunk system. Recommended assessment rates are based on this plan. 21 t t B. Policies TRUNK MAINS It is the policy of the City to assess benefited property for sanitary sewer trunk oversizing. (The concept of trunk oversizing is presented in the section on water). The method used to assess trunk oversizing is as follows: a) Platted single family residential lots of one acre or less will be assessed on a per lot basis. b) Platted residential lots of more than one acre will be assessed on a net acreage basis. c) Commercial and industrial property will be assessed on a net acreage basis. d) Public facility property will be assessed on a net acreage basis using the unplatted residen- tial rate. Except, cemetary property will no- be assessed for sanitary sewer trunk oversizing. e) Unplatted property zoned residential or agricultural will be assessed on a net acreage basis. The area assessment rate for sanitary sewer trunk over - sizing is based on the following calculations. First, the cost of completing the sanitary sewer system was estimated. Added to this was the amount which was unassessed on previously constructed trunks. By subtracting projected lateral benefit from the trunk, the net trunk oversizing cost was determined. This amount was then divided by the number of net assessable acres in the City which have not yet been assessed for san- itary sewer trunk. This rate is adjusted each year to reflect the changing cost of completing the system. LATERALS The cost of constructing sanitary sewer laterals will be recovered by assessing abutting properties. When assessing for sanitary sewer laterals, the "front foot" method or the per lot method may be used. 22 Assessments for sanitary sewer laterals are levied against all benefited properties in the area to be included at the same time, even if some properties do not connect at the time of the assessment. The rate of assessment is based on actual project cost. This actual project cost is divided by: The total number of adjusted front feet in the project area, to calculate the per front foot rate; or The total number of assessable lots in the project area, to calculate the per lot rate. Lateral Benefits from a Sanitary Sewer Trunk The policy for lateral benefit from a sanitary sewer trunk shall be the same as that for lateral benefit from a water trunk. TREATMENT AND DISPOSAL The City will collect the Service Availability Charge (SAC), as directed by the Metropolitan Waste Control Commission This amount is a connection charge, and it will be collected at the time of connection to the sanitary sewer system for existing structures or at the time the building permit is issued for new structures. The -amount of the SAC will be determined according to MWCC guidelines. A rate per SAC unit is established by the MWCC, and the amount a structure is charged is calculated as follows: a) Single family houses and every unit of a townhouse or duplex shall comprise one SAC unit each. b) All condominium units, apartment units, and mobile home units shall comprise 80% of a SAC unit each. c) Other buildings and structures shall be assigned one unit for each 100,000 gallons of flow which it is estimated they will discharge. Commercial and industrial building units shall be assigned a minimum of one SAC unit each. 23 d) SAC charges for public housing units and housing units subsidized under any federal program for low and moderate income housing shall be calculated in accordance with the federal and state guidelines in effect at that time. An additional amount, as determined by the City Counci 1 , above the MWCC charge will be collected by the City at the time the SAC is collected. These funds will be used to pay off the financial commitment which the City still has from previously constructed treatment facilities. 24 t t 1 VII STORM SEWER A. Description The construction of a storm sewer system is designed to ensure proper drainage of storm water run-off. Included in the system are trunks, ponding areas, and laterals. Trunk mains are any lines with a capacity of 25 cfs (cubic feet per second) or more, or larger than 24 inches in diameter. Also included are all pipes which serve as connec- tions between ponds and the outfall sewers from ponding are,Js. Ponding areas increase the capacity of the system, so that the probability of flooding is reduced. In most cases, the land for a ponding area is provided to the City by easement or dedication. Natural lakes and ponds have been incorporated into the system, and all ponding areas are usually of marginal value for construction. Laterals are smaller lines which, along with the catch basins, serve developed areas and convey the water into the trunk mains. In 1972, the City Engineer prepared for the City a study entitled Report on Review of Storm Drainage Facilities. This report was a revision of an earlier storm sewer study, and includes a comprehensive plan which is intended to serve as a guide for the completion of the City's storm sewer trunk system. Recommended assessment rates are based on this plan and have been updated each year based upon current construction cost. A revised plan is being prepared and is expected to be completed in 1978. ' 25 B. Policies It is the policy of the City to assess property which has benefited from the storm sewer system. The method used to assess for both trunk and lateral benefit will be the Area Method. a) The rate will be computed on a "per square foot" basis. b) The street and ponding credits will be allowed, as defined in the section on area assessment. The assessment rate for storm sewer trunk is calculated by dividing the estimated cost of completing the system by the net assessable area which has not yet been assessed for storm sewer trunk benefit. The rate is adjusted each yeJ:r to reflect current construction costs. The assessment rate for storm sewer laterals is calculate,_: by dividing the cost of providing the laterals by the assessa'b1, area which has received benefit from the project. STORM SEWER TRUNKS All land within a drainage area will be considered as having benefited from a trunk project, as all land con- tributes runoff to the system. Assessment rates will be progressively higher for singly, family, multi -family, and commercial/industrial land, since the proportion of impervious surface varies with each land use. In all new subdivisions, storm sewer trunk assessments will be levied. When trunk oversizing occurs, a portion of the cost may be assessed as a trunk area charge to a portion of the drainage area outside the developed area which •:ill be benefited in the future. When future benefit is so far off as to be impractical to be assessed at the time of initial construction, the assessment will be deferred with the City temporarily financing that portion of the construction. The City will later be reimbursed as the area is developed and assessed. Where a trunk serves as a lateral, part of its cost will be considered as trunk benefit for assessment purposes. 26 VIII. STREETS A. Description The Eagan Land Use Development Guide contains a thork_ugh- fare plan for the City, which includes both a major strcei plan map and a section setting forth design characteristics for the various street classifications. This map, which is updated periodically, shows existing and proposed major streets within Eagan. In addition, certain streets and high- ways have been identified as having regional significance and have been included in the Metropolitan Council's "1990 Functional Classification System" for roadways. Descriptions of the City's street classifications are outlined below. Interstate and State Highways Thoroughfares This category includes a numrer of highways with various designs and traffic capacities. Rights - of -way are from 150' to 400'. These highways are intended fo'.- national or regional servicL. All of the highways in this category been designated as principle, inter- mediate, or minor arterials by the Metropolitan Council. These are important traffic routes which provide community continuity and interconnect the City with neighboring communities. They ;re usually spaced at one mile inter:, s. although they may be closer in more heavily developed areas. 'aen upgraded, these roadways will generally have 100' rights -of -way and be of sufficient design to handle antici- pated traffic, with the following exceptions which will have up tc 150' of rights -of -way: 27 Collectors Local Cul-de-sac Service Roads Cliff Road - A major east - west route in Eagan, and classified as an intermediate arterial by t: Metropolitan Council. Pilot Knob Road - A major north - south route in Eagan, and class as a minor arterial by the letro- politan Council. Streets which are designed t.o collect traffic from individual properties and feed into thorot4±- fares. They have 80' righrs-of- way with 7 or 9 ton capaci::.y, and are generally spaced at one-half mile intervals. Relatively short streets which pro':: access to individual lots in ir,teri :- areas of development. Minimum right-of-way is 60'. Dead-end streets usually deli ned with a maximum length of 500' and a turn around area of 120' diameter at the property line. They generally are constructed in interior residential developme,. s . Streets which run parallel and adjacent to a high volume street. They are designed to serve individual properties along streets where it is desirable to control access. Listed below is the amount of improved street mileage within the City limits as of December 31, 1976. State Trunk Highways County State Aid Highways County Roads (other) Other Local Roads & Streets 14.23 miles 23.90 miles 10.36 miles 74.87 miles Total Improved Mileage 139.18 miles 28 1 t 1 t 1 Funding of Street Improvements In addition to special assessments, other sources of funds are available to the City for street purposes, depending on the type of project involved. STATE AND FEDERAL HIGHWAYS State Highways within Eagan are #3, #13, #36, #49 and #55. In addition, Interstates 35E and 494 are scheduled fL: construction in the future. These projects do not directly involve City funds. However, associated improvements such as storm sewer or water trunks may be initiated so that future construction under these highways will not be needed. COUNTY ROADS The County Roads in Eagan are: Lone Oak Road (#26) Pilot Knob Road (#31) Yankee Doodle Road (#28) Lexington Ave. (#43) Cliff Road (#32) Old Dodd Rd. (#63) Cedar Ave. (#23) County Road #63A County Road 30 These roads were originally designed as a part of the County's highway system and were meant to link rural areas 111 with the urban centers. As Eagan has expanded, these roads have become an important part of the network of City streets. However, many of these County roads will need to be upgraded in order to facilitate present and future traffic demand. Since this type of improvement is needed in part because of increased urban use, it has been the County's policy to share the cost of the project on a 45% City/55% County basis. 29 Costs shared in this manner include: *engineering *grading *landscaping *drainage *aggregate base *bituminous surface *concrete curb and gutter *acquisition of right-of-way and slope easements (when upgrading an existing road ) *relocation or adjustment of sidewalks, sanitary sewer, storm sewer, water main and appurtenances *construction of catch basins and leads for surface drainage Electric traffic signals are considered part of a project's cost and the expense is divided 50 City/50% County. The City's share of the cost of these improvements is financed in accordance with the assessment policies for major streets. Road and Bridge Funds: Each year the City receives an allocation from Dakota County for the purpose of road, street and bridge construction or maintenance. The amount is calculated by taking 35% of the road and bridge tax levy. In 1977, this allotment was $107,500. Part of this money is then used to help off -set the City's share of the cost of County road improvement projects. 30 1 t 1 1 1 1 MUNICIPAL STATE AID STREETS Present regulations allow a municipality to designate up to 30% of its existing street mileage, excluding County State Eagan Aid Highways and State Trunk Highways, as MSA streets. first became eligible for this program in 1973 and currently has approximately 20 miles designated as MSA The City received MSA funds totaling $216,794 in 1977, streets. with $25,260 allotted for maintenance and $191,534 for construction. This money is part of the gasoline tax collected in Minnesota and is apportioned to the community according to state guidelines based on population and road needs. The mainten- ance funds are sent automatically to the City each year, while the construction funds are held in an account by the state until the time that construction contracts are awarded. MSA STREETS NO. STREET O1 Rahn Road 103 Galaxie Drive 105 Blackhawk Road 107 Coachman Road 109 Johnny Cake Ridge Rd. 111 Lexington Ave. 115 Dodd Blvd. 102 Deerwood Drive 104 Beau D' Rue Drive 106 Wescott Road 108 Silver Bell Road 110 Four Oaks Rd. 112 Eagandale Blvd. FROM Cliff Road City's S. border Cliff Road Co. Rd. #28 City's S. border Co. Rd. #32 City's S. border Blackhawk Rd. Cedar Ave. Co. Rd. #31 Cedar Ave. Highway #13 Lone Oak Rd. TO Beau D Rue Cliff Road Hwy. #13 Four Oaks Rd. Co. Rd. #30 Co. Rd. #30 Co. Rd. #30 Co. Rd. #31 Silver Bell Rd. Co. Rd. #63 Blackhawk Rd. Coachman Rd. Hwy. ##49 It is not the intent of the State Aid funding program to totally finance the MSA system. Rather, it is designed to assist communities with street construction projects in an effort to improve the road system statewide. Therefore, when an MSA street is constructed or upgraded, assessments will be levied in accordance with the policies for major streets. The assessment rates will reflect the benefit conveyed by improved design, additional width, and curb and gutter, and these rates will be set by the City Council upon recommendation of the City Engineer MAJOR STREET "ROAD CHARGE" During 1978, the City instituted a road charge to help offset the anticipated difference between the projected cost of completing the City's major street system and the expected revenue from other sources for street construction purposes. The fee applies to new development, and shall be collected at the time the building permit is issued. B. Policies When assessments are levied for street improvements, the assessments will be calculated in accordance with the policies set forth in the section on "Methods of Assessments", us}.ng either the front foot of per lot unit method. The per lot unit method will be used in the following situations: a) When the City constructs interior residential streets within a subdivision. b) When a street is constructed and it is determined that the affected lots have received equal benefits. Residential Equivalent Street - When reference is made to a Residential Equivalent Street, it shall mean a street with a 32' wide all-weather bituminous surface, concrete curb and gutter, and a 5 ton per axle carrying capacity. 33 LOCAL STREETS When the City constructs a local street, 1000 of the project cost will be recovered by assessing the abutting property for benefit received. When new streets are constructed within a subdivision, the developer is responsible for the preliminary grading of the streets. MAJOR STREETS The following policy will apply when a thoroughfare or collector street is improved: 1. Existing single family residential property abutting two or four lane divided median roads will be assessed using the front foot method on the basis of one- fourth of the residential equivalent rate in effect at the time of the assessment. 2. Existing single family residential property abutting two or four lane undivided roads will be assessed using the front foot method on the basis of one- half the residential equivalent rate in effect at the time of the assessment. 3. Any new single family residential development abutting County roads or collector streets would be charged at the full residential equivalent rate using the front foot method. 4. Property zoned other than single family residential shall be charged the normal existing rate for the specific zoning category involved for improvements to abutting roads. Any difference between the amount collected through assessment and the actual cost to the City of the major street will be paid from other City funds. 34 IX. EASEMENTS AND RIGHTS -OF -WAY A. Description A right-of-way is land owned by the City or other governmental unit upon which a street or highway is constructed. For a residential street, the right-of-way normally has a width of 60 feet, with the actual street pavement being 32 feet wide. Rights -of -way become progressively wider as the capacity of the street or highway increases. The City generally attempts to install other public improvements, such as sewer or water mains, within the rights -of -way. There are times, however, when this is not possible, and these utilities must be placed across other property. An easement must then be obtained. This easement allows title of the land to remain with the original owner, but grants the right for the City to install the specified improvement and limits the owner's use of that land. A permanent easement for City utilities are usually from 10 to 20 feet wide. B. Policies Whenever possible, the landowner will be requested to dedicate the easement or right-of-way to the City at no cost to the City. If the City is unable to acquire the easement or right- of-way through dedication, a cash payment will be offered to the property owner. The payment will be considered part of the project cost of the improvement for which the easement or right-of-way is needed. 34 When additional right-of-way along a county road is necessary for the upgrading of that road, the abutting property owner shall dedicate to the City the land which is needed. This dedication will occur at the time the land is platted or when a building permit is issued for construction upon that land. The City will undertake condemnation proceedings in accordance with Minnesota State Law for the acquisition of a right-of-way when other efforts to acquire the land have not been successful. 1 X. ADDITIONAL CONSIDERATIONS Assessable Cost The total assessable cost of an improvement project shall include construction and engineering costs, plus administrative, legal, and other expenses appurtenant to the project. Assessment of City -owned Property For all City -owned property other than parkland, the City shall pay the assessment. Such assessment will be determined at the rate used for Public Facility property and payment will be made from the General Fund. For City -owned parkland,the following shall apply: a) All assessments against park land which exist at the time of acquisition of title to the land by :he City, will be considered as part of the acquisition cost of the land unless paid by the seller. b) When park land is dedicated as a part of a residential development, the developer shall be responsible for payment of all assessments against the land existincf at the time of the dedication. c) When new assessments are incurred upon park lands owned by the City, the costs of these assessments will be born by the General Fund in the case of Community Parks. Assessments will be spread over the normal "assessment area" (less the park) in the case of neighborhood parks or walkways. City owned property which abuts a street improved through Municipal State Aid Road funds will not be assessed for the street improvements. Assessment of Property Owned by Other Political Units Property owned by other political units will be assessed on the basis of benefit received from a particular pro- ject. Errors and Omissions in Assessment Upon discovery that a parcel had been omitted from or an error made on the original assessment, the Assessment Clerk will notify the property owner of the amount due. The property owner will have thirty days upon receipt of the notice to pay the assessment without interest. The total amount will be based on the rate in effect at the time of the omission or error. 36 Assessments of Tax Delinquent Property When a parcel of tax -forfeited land is returned to private ownership and the parcel has benefited by an improvement for which special assessments were cancelled because of the forfeiture, the City shall, where allowed by law and upon notice and hearing as for an original assessment, make a reassessment or new assessment as to the parcel in an amount equal to the amount remaining unpaid on the original assessment. Motels Lateral assessment will be determined in the same manner as for other developments. The water hook-up charge will be determined on the basis of one-half the residential rate per motel unit. SAC charges will be determined as specified by MWCC. Railroad Property All property owned by a railroad outside of a 100 foot right-of-way will be assessed in the same manner as other comparable property. Assessment Spread Improvements within a new development: When a developer constructs the residential units within a subdivision in which the City has installed improvements, assessments will be spread for not more than 5 years. When a developer intends to sell vacant lots within a subdivision in which the City has installed improvements, street assessments will be spread for not more than 10 years and utility assessments will be spread for not more than 15 years. Assessment for lateral benefit from trunk is spread for not more than 10 years. Area Assessment: Assessments for trunk oversizing projects are usually spread for 15 - 20 years. Street Assessments: Assessments for street improvements are usually spread for not more than 10 years. 37 Rezoning Because the method used to collect Water Supply and Storage charges differs between Residential property (connection charge at the time the building permit is issued) and Commercial/Tndustrial property (area assessment), the following policy shall apply: When residential property is rezoned for commercial or industrial use, the amount of the Water Supply & Storage assessment for the newly zoned commercial or industrial parcel shall be calculated and collected at the time the building permit is issued. The area of the parcel is multiplied by the commercial/ industrial Supply & Storage rate in effect at the time the rezoning takes place to determine the amount of this Supply and Storage charge. Subdivision of Existing Platted Lots If a platted single family residential lot is further subdivided, each new lot so created will be charged a connection charge in lieu of assessment for sanitary sewer trunk and water trunk oversizing, if the original lot had been assessed for such improvements using the "per lot" method. The connection charge will be equal to the per lot assessment rate in effect at the time of the subdivision and paid for at the time of approval of final plat or variance for waiver of plat. The connection charges for laterals, supply and storage, and SAC charges will also be collected according to City policy. Subdivision of Land: Distribution of Existing Assessments When a tract of land is divided or subdivided by plat or otherwise, the City Council shall, on application of the owner of any part of the tract or on its own motion, equitably reapportion among the various lots or parcels in the tract all the installments of the assessments against the tract remaining unpaid and not then due if it determines that such reapportionment will not materially impair collection of the unpaid balance of the original assessment against the tract. 38 The procedure to be followed for such reapportionment shall be: Prior to each regular City Council meeting, the Assessment Clerk shall prepare a list by division number (as supplied from the County Auditor) of all land divisions which have occurred and are subject to reapportionment of assessments. In addition, the Assess- ment Clerk shall prepare a roll which shows the assessment amount against each new parcel formed by the division or subdivision. At its regular meetings, the City Council shall review the list of divisions and the amounts of the reapportioned assessments. Upon determination that such reapportionment is equitable and would not impair collection of the unpaid balance of the original assessment, the City Council shall approve the reapportionment of assessments for the specified divisions. A formal hearing need not be held. However, the Assessment Clerk shall give notice of such reapportion- ment and of the right to appeal to all owners of any part of the original tract. A fee shall be charged to the owner or developer of the original tract for the reapportionment of assess- ments. 39 XI. SUBDIVISIONS A. Public Improvements When a parcel of land is subdivided, a number of imprev(- ments are required in accordance with Eagan's subdivision Ordinance #10. Such improvements are the responsibility of the developer and include the following: 1. Monuments - Steel monuments placed at all block corners, angle points, points of curves in streets and at intermediate points as shown on the final plat. 2. Streets - A. Grading: All streets within the subdivision constructed to City -approved grades and cross - sections. B. Surfacing: Installation of gravel base, bituminous surfacing, and curb and gutter, in accordance with the engineerincj specifications of the City. (Except no blacktopping or curbing is required in any platted residential area of less than 20 acres where no central systems for water or sewer will be installed, if such an area is not less than 1,000 feet from any other platted area owned or controlled by the same owner). 3. Driveways - Provision of bituminous driveway approaches at proper locations. 4. Signs - Installation of street name signs. 5. Boulevards - Laying of sod in boulevards throughout the subdivision. 6. Drainage - Providing drainage swales which are properl- sodded so as to prevent erosion. Also, where necessary, the installation of storm sewer laterals and catch basins in accordance with plans and specifications of the City. 7. Water Mains - Installation of laterals and service stubs, when connection to the trunk system can reasonabll, be made available. 40 8. Sanitary Sewer - Installation of laterals and servic_ stubs, when connection to the trunk system can reasonably be made available. 9. Utilities - Where feasible, arrangement for burying electric, telephone, and other utilities withir the subdivision. 10. Sidewalks - Construction of sidewalks on one side of any collector streets, one side of principle walk- ways to school, and both sides of major thoroughr.res. 11. Street Lighting - Arrangement for underground utility lines capable of handling a street lighting system, including ground level terminals for poles. The developer must meet the City's park land dedication requirements, as well as dedicating the necessary utility easements and road rights -of -way. At the request of the developer, the City may assume responsibility for the provision of certain improvements. The most common City projects are for water, sanitary sewer, storm sewer, and street improvements. Costs of these imprcve- ments are then assessed against the lots within the subdivision according to City policy. If the developer fails to provide any of the improvements which are required, the City may perform such work and then have the developer reimburse the City for the expense involved. Upon completion and final approval, all improvements art transferred without cost to the City. B. Financing Prior to final approval of the plat, an agreement it entered into between the developer and the City. This D .-,.1- opment Contract specifies the public improvements which the, 41 developer must install. In addition, the developer must post either a development bond or a letter of credit to insirL their completion. The amount of this bond is to be 125% of the reasonable contract price of the :;t.c ted improvements. Also, a performance bond will be required from the de'-cic:_ in new subdivisions where assessments are being levied for utility and/or street improvements. The bond shall be for n amount equal to one year's payment of assessments or 20% of the total assessments , whichever is larger, plus interest regardless of the time spread of the assessments. The rcci,;on: for this performance bond is to show financial security o behalf of the developer. The developer may be required to place in escrow a payment for construction or upgrading of County and City roads adjacent to a new development. The amount will be �r a residential equivalent street for property zoned R-1, R-2, and R-3. All higher intensity uses will be charged for the higher capacity road. This escrow account will be establi hec at the time the development contract is signed. If the required improvements are not completed within two-year period, all amounts held under the escrow agreemc:-.t or performance bond shall be turned over to the City and applied to the cost of the improvements. Any balance rerm ininc after such improvements have been made shall the returned to the developer. 42 ASSESSMENT/CONNECTION EELS Old . 1981 Rate Trunk Sanitary Unplatted $770/Ac. Sewer Oversize Platted Residential * $370/lot i@ 2.1 lots/Ac Trunk Water Main Agricultural or $770/Ac. Oversize Residential * $370/lot Water Supply & Storage Single Family Multi -Family ** $335/lot $270/Unit Water Supply & Storage & Main Over - sizing Comm. & Ind. $1,485/Ac. Trunk Storm Sewer Oversize Single Family Multi -Family Comm. & Ind. .0374/sq.ft. .0468/sq.ft.. .0561/sq.ft. Lateral Service from•Trunk San. Sewer 14.30/Front ft Lateral. Service from Trunk Water Main Single Family Multi -Family Comm. & Ind. 12.00/Front ft, 14.35/Front ft 1982 Approved Rates $995/Ac. $475/lot .) $995/Ac. $475/lot $420/lot $335/Unit $1,945/Ac. $0.0400/s.f. $0.0500/s.f. $0.0600/s.f $16.00/f.f. $15.00/f.f. $18.00/f.f. * Lots. which are platted at the time trunk facilities are ordered in ** Multifamily unit cost is approximately 0.8 of the cost of a single family lot ROAD UNIT CHARCir $240 - ROAD UNIT EQUIVALENCY TABLE ZONING R-1, $2, R3. R4 Comm./Ind..* New Comm./Ind. Bldg. Additions ROAD UNITS 1.0/residential unit 0.8/residential unit 3.0/ac. 3.0/Ac. with acreage as determined by building. inspector. * Comm./Ind. includes all zonings other than residential APPENDIX A WATER City of Eagan 1978 Assessment Rates Trunk Main Oversizing Supply and Storage Lateral Benefit from Trunk $280/Existing platted Res. Lot $590/Net Acre $250/Single Family Res. $200/Multi-family Unit $540/Net Acre -Comm. -Ind. $9.00/FF-Single Family $10.80/FF-Multi-Fam.,Comm., & Ind SANITARY SEWER Trunk Main Oversizing $280/Existing platted Res. Lot $590/Net Acre $500/S.A,C. unit (defined by MWCC) $10.75/FF Treatment and Disposal Lateral Benefit from Trunk STORM SEWER Trunk Oversizing STREETS Residential Equivalent Street Road Charge $.026/sq. ft. - Single Family $.0325/sq. ft. - Multi -Family $.039/sq. ft. - Comm. - Ind. $13.20/FF $75/Road unit Miscellaneous Assessment Correspondence /972-/974V FoLD ER '0431N S PAUL H. HAUGE 2E011136M E/ Bradley Smith Eagan City Council CITY OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 HAUGE & HOEY, P.A. Attorneys at Law 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 March 10, 1978 RE: Open Space Property Tax and Assessment Deferments Gentlemen: A;ea Code 612 Telephone 454-422-1 QUESTION: Is there a provision for deferment or exemption from taxes or special assessments for open space such as a golf course? M.S.A. 273.112 provides a property tax deferment for real estate 1) which is actively and exclusively devoted to golf and 2) which is five acres or more in size and 3) which is operated by private persons for public use, by firms for employees, or by private clubs with membership of at least 50. The deferment is equal to the difference between the market value of the real estate and the value of the real estate for its use as a golf course or other recreational space. The deferment ends when the land is sold or no longer qualifies for the deferment. At that time the land is subject to additional taxes without interest or penalties in the. amount of the deferments for the past seven years. Gloria Pinkey of the Dakota County Assessor's office stated that 273.112 applies only to property taxes and not to special assessments. She is not aware of any other provisions that would give a deferment for special assessments on golf courses. PM:me 'to PAUL H. HAUGE GEORGE H. HOEY PAUL M. TATONE HAUGE & HOEY, P.A. Attorneys at Law 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 November 1, 1976 Mrs. Alyce Bolke, City Clerk CITY OF EAGAN 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Assessment Roll Adoption Dear Alyce: Area Code 612 Telephone 454-4224 You inquired concerning whether the Minnesota Public Examiner could be critical of the fact that the City Council, which adopted. the water area assessment roll on August 3, 1976, then forwarded the assessment roll to Dakota County, but made interest effective September 1, 1976. You indi- cated that the loss in interest for the City of Eagan covering the roll is approximately $4,000-$5,000 for a one month period at 87 interest per annum. The question is whether the statute is mandatory requiring that the in- terest must start at the date of adoption of the roll. M.S.A.429.061 provides in the assessment procedure as follows: "The assessment, with accruing interest, shall be a lien upon all private and public property included therein, from the date of the resolution adopting the assessment, concurrent with general taxes." There are a number of Attorney General's opinions dealing with payment of interest and one of them, OAG 396G-17, June 8, 1960, indicates that if the Council determines that assessments bear interest, then interest accrues on the date of the resolution levy- ing the assessment, not from the date of completion of work. An older opinion of 1955, OAG 408-C, June 10, 1955, indicates that the Village Council has discretionary power to require that the improvement assess- ments bear interest, so long as the interest is not in excess of 6% per annum (under the law at that time). In our case, however, the Council has determined that interest shall accrue. I would suggest that you seriously look at the cost of redoing the assessment roll if that is what's necessary to be done in light of the interest that may be lost for approximately one month. If it is true that substantially more than the cost of redoing the roll will be recovered, having in mind the fact that the Minnesota Public Examiner may be critical of not collecting interest according to statute, then it may be desirable to go ahead and make the corrections. It appears that the wording is mandatory and that the interest is a lien from the time of the date of the adoption of the resolution. If that reso- lution was adopted in August and the effective date of the commencement of the interest was one month later, there would be one onth's lapse when the lien is not reflected in the collections. ery/Vruly you s, PHH:me Paul H. Hauge cc: Tom Hedges PAUL H. HAUGE GEORGE H. HOEY City Council City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 'HAUGE &HOEY _-Attorneys at Law 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 (612) 454-4224 November 14, 1974 RE: Bond Assessment Procedures and Ordinance No. 59 Gentlemen: Minneapolis Office Suite 2210 • IDS Center Minneapolis, Minnesota 55402 (612) 336-8361 Roger Katzenmeier and I met with John Holton of Faegre & Benson, the attorneys approving the Eagan bond issues in recent years and we reviewed several items related to assessments and bond issues. 1. In the past, each of the bond issues has had a separate sinking fund which has caused some confusion insofar as accounting is concerned. Mr. Holton indicated that he would not object to a single sinking fund for all general obligation improvement bond issues in the future which will mean that although a separate accounting of each project and issue must take place yet in the event that the tax levy is necessary the tax levy can simply be authorized for all issue. I am enclosing a proposed ordinance that would carry out this new procedure. 2. In addition, we also discussed whether funds from specific earlier bond issues that may be excess in certain sinking funds could be transferred to other sinking funds. This also Mr. Holton consented to. As to the single sinking fund, it will mean that it will be necessary to use only one code for all future assessments although the internal accounting and coding should be set up in conjuction with Dakota County and Ramsey County in that Dakota and Ramsey are now working under the same computer system. 3. We also discussed an issue dealing with area assessments where the past practice has been in Eagan as in many communities to assess an area for sanitary sewer trunk on an acreage basis to finance the cost of installation of the trunks. At the time that the property owner adjacent to the trunk desires lateral service he is then permitted to use the trunk for lateral purposes but charged for a lateral assessment from a trunk based on that year's estimated cost of such service. We have reviewed this issue in past years and technically this method of assessing at two different times for sanitary sewer benefit is improper. The correct method would be to assess for area and lateral services initially when the trunk is installed. The difficulty with this is that where some land is skipped in the development process, the owner of that land wants to avoid the assessment because of his City Council City of Eagan November 14, 1974 Page Two (2) inability to use the improvements at that time. As a practical matter the lateral charge from trunk can be picked up in one of several ways: a. As a one time connection charge rather than an assessment spread out over a number of years; or b. The developer at the time he wishes to connect to the trunk should be required to sign a waiver of notice hearing and right to appeal to avoid a potential assessment appeal contest. Very truly yours, HAUGE OEY, P.A. G HH : kk PAUL H. HAUGE GEORGE H. HOEY HAUGE & HOEY Attorneys -at -Law- - 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 (612) 454-4224 April 29, 1974 Minneapolis Office Suite 2210 • IDS Center Minneapolis, Minnesota 55402 (612) 336-8361 MEMO.. TO: Eagan City Council RE:..Deferred Assessments'underGreen'Acres Law - Interest.Charges 1. The question has arisen as to whether interest can be charged on .deferred assessments under two circumstances (a) Under the green .acres law M.S.A. 273.111. (b). Whether interest can .be charged on deferred assessments: such as LeTendre Addition streets. (c) A.question has also arisen as to .whether any one of them can be compound orshouldbesimple interest rates. 2. Under '273.111,.Subd. 9, it is fairly_ clearthat the real estate taxes on green .acres land is in effect eferred .and that no interest or penalty shall .be.levied .on. such -'additional taxes if timely paid. Thismeans that no interest or penalties canbelevied, if.the property is sold and only .the .real estate tax betwen the deferred green acres acres portion and .the .regular tax willbepaid three years back. 3. As to special assessments, Subd. llof 273.111 provides that a special assessmenttogether with interestshallon timely application for .def errment by the property owner .be, .deferred as long as the property meets the green .acres provision. .When the property is sold or no longerqualifiesfor green .acres, all deferred special assessments plus interest.shall.be payable within ,90 days. A.penalty isnot imposed unlessit is not paid within 90 days thereafter. Itmeans that interest shall run on special assessments under green acres. 4. Anotherquestion has also come up as.to.whether in .the case of straight deferred assessments not under greenacres .whether the interest factor is used for special assessments. "To the first install- ment .shall .be.added interest on .the entire assessment from the date of Memo: Eagan City Council Page 2 RE:. .Deferred Assessments under Green Acres Law-interest.Charges April 29, 1974'. the .res�lution .levying the assessments until.December.31,.to.the-.year in.which the first installment is payable."..Toeach.subsequent install .ments'shall.be.added interest.for one.year:all unpaid installments. This appears to.mean.that.compound interest may.be..charged'in:this instance.' y truly, Paul H. Hauge PHH:ras HAUGE & HOEY, P.A. Attorneys at Law 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE GEORGE H. HOEY TO: Alyce Bolke FROM: Paul H. Hauge RE: Storm Sewer Assessments October 7, 1975 Area Code 612 Telephone 4544224 The question has arisen as to whether it is permissible to assess for storm sewer purposes on an area basis in excess of the actual cost of the storm sewer improvement. An example has come up where the total amount of the assessment was around $35,000 and the total project cost was $16,000, there- fore meaning that this particular assessment area apparently was on a very low cost basis. John Holten's position may very well be that the assessment should conform generally with the actual cost of the improvement. But of course, we have levied assessments for sanitary sewer trunk purposes in the past in an amount greater than the actual improvements then being installed. The understanding is that possibly in this area of storm sewer improvements, there might be some additional pipes necessary in the future but in all likelihood they will net be necessary. There is a possibility that the owner can come in and object to the assessment in spite of the fact that the 2Q per square foot is a standard cost per square foot in all areas within the municipality during 1975. Apparently the overage will go into the general sinking fund so that there is no problem of location of the excess funds. In viewing the cases that have arisen under Chapter 429 which is a special assessment statute, the courts generally have stated that the following requirements must be met in order to justify area type assessments whether sanitary, water or storm sewer assessments: 1. There must be special benefit whether the assessment need exceeds the special benefit received. 2. The assessments must bear some relationship to the value of special benefits. 3. The value of special benefits is found to determine what increase, if any, there has been in market of the benefited land. The only ways of attacking a special benefit or specific special assessment are as follows: 1. If the assessment involves fraud, mistake or illegality. 2. Lack of compliance with proper procedures such as the failure to give property owners notice, failure to hold an improvement hearing in the manner prescribed, etc. Mrs. Alyce Bolke RE: Storm sewer assessments Page Two (2) 3. The most common ground for the objection is that the property is not benefited or is assessed for more than the amount -of benefit. In an important case involving assessments, Quality -Homes, Inc. -v- Village of New.Brighton, 1971, 183 N.W.2nd'',555, 289 MN 474, a three -fold test was used in determining whether the assessment was valid on the basis of the benefits received.. 1. Whetherthe assessment was. uniform with respect to the same class of -property. . 2. Whether the method, of.computing and determining the assessments was arbitrary and reasonable.. 3. Whether the assessment did exceed thespecial benefit to the land. Generally, the courts do not look directly at whether the cost of the improve- ment is directly related to the amount of the assessment and this becomes a difficult problem in relation -to storm sewer assessments in particular. Munici- palities generally use a formula reviewed at least annually for assessment of e.g. residential, commercial,niiltiple or .industrial land and some municipalities use the same amount per square foot of assessments for'each category. The common practice.though is to use varying amounts such as the method used by Eagan's starting at what I understand Is 2Q per square foot for single family residential and a slight increase over that for more dense categories. Ordinarily the cost should be fairly close to the amount being assessed for the specific parcel. However, as I understand it, Woodgate 2nd and 3rd Additions will have future improvements for storm sewer purposes that will not be assessed. This could be justification for the additional.assessment. In addition, it is my understanding that the 2Q per square foot figure Is determined on an average basis.and in some cases, the amount of the'assessment will be somewhat less than the.actual project cost for that specific area. + I don't know whether it would be possible='to submittwo assessment cards. to the county covering the actual assessnient'with'one card.'covering the amount of the actual cost and'the second card covering the overage but assume that this would not be a practical way to handle this- type.case Therefore, if that -is true one assessment card should be submitted to the bounty.for-each'parcelthen all of the payments will go into a specific bond fund to be merged together into the common sinking fund for all improvement projects. Municipalities within the metropolitan area use varying formulas such'as Edina which has financed storm sewer improvements by specially assessing.the cost of -the improvement against the benefited area rather than from general funds from the ,village. Until 1974, Richfield assessed on_the basis of .0355Q_per square foot maximum andthen changed to the assessment based upon the full cost of ',-construction for a drainage area. Golden Valley aseesses on a uniform basis for specific categoriessuch as single family, multi -family, etc., whereas Bloomington assesses for storm sewers on an area basis determined on the cost. It is my understanding that Eden -Prairie has also a uniform type of assessment and that most other communities have u formed assessments for specific catefories. V y truly PHH:kk Paul H. Rau LAW OFFICES STALLAND Sc HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M. STALLARD PAUL H. HAUGE September 15, 1969 Board of Supervisors Town of Eagan Dakota County, Minnesota AREA CODE 612 PHONE :336 - 6361 Re: Assessments of PrOvate Cemetary Association Gentlemen: The question has arisen as to whether the Town can assess property along a road improvement for the benefits derived by the improvement. Under M. S. A. 307.09 all lands not exceeding 100 acres laid out and dedicated as a private cemetary shall be exempt from public taxes and assessments as long as the property remains as a cemetary. In the case of a cemetary owned and managed by a religious denomination the cemetary is exempt up to 300 acres. The immediate issue arose because of the cemetary at the corner of Blackhawk Road and County Road ##30. very truly, Paul H. Hauge PHH/cic LAW OFFICES STALLAND 8c HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 05402 LUTHER M. STALLARD PAUL H. HAUOE GEOROE H . HOEY Board of Supervisors Town of Eagan Dakota County, Minnesota Gentlemen: AREA CODE 612. PHONE 336 -6361 March 9, 1970 Re: Improvement Project, Bond Issue and Assessment Procedures The following is intended as a review of some ofthe steps necessary to complete atranscript for an improvement project including issuance of bonds and assessments for the improvements. 1. Generally the request for the improvement comes from the property owner requiring, e.g. sanitary sewer or water services. 2. The Board then requests a feasibility study by the Town Engineer to report whether the improvement is feasible, whether it should be combined with other improvements and the estimated cost. 3. The preliminary report is received and a hearing is scheduled with two weeks newspaper publication and mailed notice to all affected property owners. 4. The hearing is held and a resolution may be adopted ordering the improvement and directing the Engineer to prepare the plans and specifi- cations. 5. The Board next approves the plans and specifications and sets a datefor acceptance of bids. 6. The bids are then received and contract awarded ordinarily to the low bidder or work can be done by day labor if appropriate. 7. The contract is then drawn and sent out for signing by the contractor and returned for signature by the Board. 8. Prior to commencement of construction all easements necessary should be acquired and descriptions for easements sent to the Town Attorney with sufficient time to draft and acquire the easements. If condemnation is necessary at least 30 days should be given before a court appearance is made prior to entry onto the property for construction purposes. 9. After award of the contracts and determining a date for bond sale a notice of the bond sale is published in the Dakota County Tribune and Commercial West. 10. The bids are received and the sale is awarded to the low bidder for the bonds. Board of Supervisors Town of Eagan Dakota County, Minnesota March 9, 1970 Page Two 11. The transcript is completed including numerous certificates, resolutions, receipts. etc. and the bonds are then signed by the Chairman and the Clerk prior to the receipt of the proceeds. 12. Upon final completion of the work and payment to the contractor the Town Engineer delivers the final cost figures including 157. for engineering, administration and legal fees to the Clerk for preparation of the assessment roll. 13. The Assessment Committee reviews and questions that arise and make a recommendation to the Board for approval of the assessment roll. 14. Notice of hearing is published and notice is mailed to all affected property owners prior to the date of hearing on the assessment roll. 15. The Board may then at the assessment hearing adopt the roll and payment can be made by the property owner within 30 days without interest. 16. The property owner also has 30 days after adoption of the roll to appeal the assessment to the Dakota County District Court. The balance of the roll, however can be certified to the County Auditor and a copy of the assessment schedule is sent to each property owner. You will note by the foregoing that there are many steps involved in the completed process and it is important for purposes of the transcript that each step is property done. We are enclosing a copy of a transcript schedule that we use and keep up to date at all times so that we are certain that there are no steps missed in the transcript procedure. We intend to send copies to the Board periodically covering each project which should be helpful in keeping the Board posted as to whether sufficient funds have been acquired through the bond issue to completely finance each project. You can appreciate the process is an extremely time consuming job and also involves complete accuracy. Yours very truly, Paul H. Hauge PHH/cic TOWN OF EAGAN IMPROVEMENT PROJECT # PURPOSE: Prepared by: Stalland & Hauge 1. Receipt of request(s) of property owners for improvement. 2. Minutes directing Town Engineer to prepare Preliminary Report. 3. Certified Copy of Preliminary Report received. ESTIMATE OF COST $ 4. Minutes showing receipt of Preliminary Report and setting time for public hearing. 5. Affidavit of Publication of Notice of Public Hearing. 6. Affidavit of Mailing of notice of public hearing to land owners. 7. Minutes showing hearing and ordering improvements. 8. Minutes approving plans and specifications of Engineer. 9. Minutes directing notice to bidders. 10. Affidavit of Publication of notice to bid for Dakota County Tribune. - 11. Affidavit of Publication of notice to bid for Construction Bulletin (applicable if estimate is over $100,000) 12. Minutes showing receipt of bids and awarding of contract. 13. Clerk's Certificate as to execution of contract. a.) CONTRACT COST $ b.) CHANGE ORDERS - AMOUNT DATE 14. Minutes showing adoption of resolution providing for issuance and sale of bonds. 1 MINUTES OF MEETING OF ASSES:I ENT COMMITTEE TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA June 20, 1972 The Assessment Committee met at 7:00 P.N. at the Town Hall on June 20, 1972. All members were present except Knight. The Committee first discussed the proposed connection charges for mobile home units in general and in particular the Priebe Mobile Home Park in Inver Grove Heights under the Inver Grove Heights -;pagan Untility Agreement. Also the Committee discussed the rate at which monthly service charges for sewer and water should be charged against mobile home units. Upon motion by Rahn and seconded by Polzin, it was recommended that connection charges for sewer and water purposes be charged at the rate of three -fourth, the rate for single fam- ily dwellings or the same as for multiple units; it was FURTHER RESOLVED to recommend to the Board that the rate for monthly billings for sewer and water purposes be charged at three -fourths of the rate charge .for single family dwellings. G..7`s 7.-=; i:fter discussion, upon motion by Polzin and seconded Rahn, it was L, SOLVED that the Assessment Committee recommend to the Board the payment of ;11,000 to the McCarthy family for easements over the McCarthy property at the Southwest corner of Deerwood Drive and Pilot Knob Load. It was noted that the easements cover somewhat more than half a mile over the property and that in order to follow terrain the engineer's design for the sewer interceptor covered a substantial portion of the property. The Committee then dincuneed the reque4t of, Mrn. Veronica McLean to reduce the assessment for sewer and water lateral purposes on her property North of Highway 11'55 and 'jest of Highway #49. The Assessment Committee had reviewed the matter earlier and determined that no reduction in the assessment , � 60 I �I�•I :NOTE ®y: wf•iC .�f r..4."-, DATE 0ctobet 11- 19 73s" TO rhlaago Title Insurance Cc., SUBJECT " - ' • • 4820 W. 77th St., Edina, Mn 55435 aT1'id9 `.. Cathy Sommers P1Pago corset •01_aop Pr ti P • 6 W Plmb; S. Heating, _ , „ c1 135's High " cito nro_o. vegan, Mn 55122. Check ice .tc just what parcels belong to then T 9m Waiting for c aurvey chect from the • to how ac we are to split some essegcmentr= on their up Effrcc:, Addition. 'Digs split ptr+perty __n involves 5 parcels of land_ Also when we have the information all as to what parcels baluug to .Giaua Prop. we will be able to pass the information on to you at $3,.00 per PARC AN NAIT/ONAL SNAP -A -PART 47-232 MADE IN U. 5. A. FROM THANK YOU VILLAGE OF EAGAN ASSESSMENT DEPARTMENT klit ,--- I -...." 't -e ,..:/-' -74:-4 __e• 4......_ _ 0 ------- — Village of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 NOTICE RE PROPERTY DIVISION C.! 73 9 /' / 917,3 NOTICE has been received from Dakota County regarding the division of your property on which we have assessments levied* If the purchase agreement stated that the buyer assumes the assessments, please furnish the Village of Eagan with a survey sheet designating the footage and acreage involved so that an assessment split can- be—made4. Youplistkin-the amount of-..-.-shou1daisobe submitted. 4'Jt0-77 -Wfminoply,,is received from you, we will assume the - VeiO assessments should remain with the original parcel° /s/ Alyce BOike Village Clerk -3) 3 7 pZ eiGti 6 41 e_ Ne-11-14-1s ' P>0. Loe-r-,e Village of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 . . ( c /C 7+1 REt PROPERTY DIVISION NOTICE 75? - C.; NOTICE has been received from Dakota County regarding the division of your property on which we have assessments levied, If the purchase agreement stated that the buyer assumes the assessments, please furnish the Village of Eagan with a survey sheet designating the footage and acreage involved so that an assessment split can be made. Your check in the amount of $ should also be submitted, If no reply is received from you, we will assume the assessments should remain with the original parcel, /8/ .1_ Alyce Bolke Village Clerk / Village of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 NOTICE RE: PROPERTY DIVISION NOTICE has been received from Pakota County regarding the division of your property on which we have assessments levied. If the purchase agreement stated that the buyer assumes the assessments, please furnish the Village of Eagan with a survey sheet designating the footage and acreage involved so that an assessment split can be made. Your check in the amount of $ -- should also be submitted. If no reply is received from you, we will assume the assessments should remain with the original parcel. /s/ Alyce Bolke Village Clerk -4((l IOL�a DATE RECEIVED FROM DESCRIPTION AMOUNT _. RECEIPT VILLAGE OF EAGAN DAKOTA COUNTY 3795 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 BY 7983 Thank You OFFICE OF THE CLERK Emcd.ed are deptic,111 taed IN( ybur igimpi!paltv at have rjA,nte abt,:.:t by deee fIlik7d in 'Lhe County during idle past laeyntipo Ia an effz! iiafturitzlaMl_oD pic,kLemfi at the ,?nd of t.he we *.ol.!Ld 'have you (rAll.t!tlk datripimalg at Lh.:!- fc.it iiiaf-3ao8z..xii.clnts, and If a dIvi- Edon DI the a.eiL iiLireq,:Ared ymi Win olvdie at yullr eal. hc: them tcci) 0-07ntc,. We hTve tii ii hop :ffedte =cvant, 'Jp1iti% a the end of the 2eaP aftd you we have many tE,semeg, gtearvtlt,, gistthrugh tTtice eaell day and thege my be Illeedtnil at any tizle, PleaL3e q'.3all if you LAve any questimg„) Vey kru1y CARL Do ON1SCHDY Daka ,L,t,k,,e c3 '2- C 3 -239- 6 CARL ONISCHUK AUDITOR Dakota County Court House / Hastings, Minnesota 55033 November 1, 1972 Enclosed are the cards for the new divisions that have been made this past month. It's getting around to that time of the year again so we will be needing all the assessment divisions brought up to date. Please check all cards that have been sent to you during this past year and complete any divisions and send them to us as soon as possible. Count Wi$cor' a Office by ))? Sir: Enclesed are r:I.11+e de5.1,1ptir car8e fsr your muni,J1paitty hat have t,tateabo. by d,3eds filed tha County c::uying the peat mnth, In an effett avnld the iatuken'IaLnu faz,esamen problema at the end nf ejeal..,, we would 1ikei ave you dIct these clectripfAnmj at this i!)-nJft eial sssessmann and if a div- nion of the asgesstnene„s. Ail' be reuir-od, you divde At ymyy earlata 7.,,illienente and send :14eAl to this We hope 1 Thelp redute the mmlunt, cf aesesszeA splits at the end of tv and as you Icol we home vany aaseameela searches going tizvt7sh the offiee each daj and these my be needed at any tIme Pleaje tall if you hAve any quest'ltns, ofo- JjaJ4-.g YLLQ-ck_ c_ 3 3-7 7 /10-ZJ L40, ro-cAf Vey tzuly ycara, CAL P ONISCHUK Data Curfly Auditor by 97 CI.ark /a-//--2z Cty Cl + D�a Sir-: Encc10 ed are new destrip ,ion ce,tds for your muniipality that have one about by deecii filed n the County duvar.g the past main h ;In an effort x avoid the e3( tlm :°ati n of aasee1er.t problems at the end of the year, we would like to have you he ak thee dea,tr .ptoi :y ah. ;:.ih r_ : _ f a sgezla;re&,1ts, and if a divi- aioa of the asse&een5 .a .11 be re iv, red, you will divide the e. at your ear ient ,,:oi-,veLienee and Lend i theI to :hfs off .ee We hope t,h=L «ti SL help redo e tAe umount of assess me 7tL pU;Ls the end of Che year and Be you know, we have many easenzmeat sear abet. gob through the uff q ce each day and these may be needed at any time, P1ea; a oa1:I if yryu tare any gums,, ns,, Very t,ru/y yours, CARL D) ONISCHTJK Dakota Ce tt- Auditor by Clerk I► 1 KoT.1 COUNTY COURT HOUSE HASTINGS, MINNESOTA 55033 May 3rd 1973 Alyce Bohlke, Village of Eagan St. Paul, Minn. Dear Mrs. Bohlke: CARL ONISCHUK AUDITOR The following is the list of parcels which were split late_in 1972 and for which we have no assessment split. To )t,-, w- ''3227-c in the name of La Hass Corp. 3227-D It " Frank J. Hasselman ,c a.,.� '" ',r) . ...-e-` { 4e p 3 '"-' '3231-A `'3231-D 3256-G1 ,Y 3256-F1 3256-F2 3276-A 3276-C f 3279-A 3279-B 3162-A2a1 3162-A2a3 3162-A2a4 3162-A2b* 3162-A2a2 tt n It It It 11 tt tt Hillcrest Develop. Parranto Bros. Inc. DCR Company DCR. Company Village of Eagan Cliff Road Properties Egan Green Apts. Blackhawk Park Inc. Craft Masters Inc. Parranto Bros. Inc. Sylvia C. Cahapdelaine Town of Eagan Wilfred E & Virginia Heuer 18 r,ci Riverview Develop. co. I would appreciate it if you could possibly speed this up, as the parties involved have been sent the original unsplit statements and will possibly pay the wrong amounts. Thankyou, CARL ONISCHUK AUDITOR Dakota County Court House i Hastings, Minnesota 55033 NAITI NO DAKOTA WNTVI Village of Eagan 3795 Pilot Knob Road St. Paul, Minnesota 55111 Dear Sir: May 24, 1973 Please split the enclosed assessment schedules in accordance with the attached letter written by Paul Hauge. CDO:ms Very truly yours, ,,Lzy Carl D. Onischuk Dakota County Auditor LAw Orr:cos STALLAND C1- I=A .TGE SUITE 2.340, DAIN TowEn MINNEAPOLI6, NINti1 bO A 664O2 Lu'r xcII ?:. STA:zAND PAIn. U. IL&uoa OBonuc H. NOISY • November 15. 1972 Mr. David L. Grar is, Jr. Attorney at Law F. J. Schulz Building South St. Paul, Minnesota 55075 Re: Eagan.- DCR Company Location on Rahn Road Dear Dave: ASEA GODS Fa 2 I have now gotten a response from the Eagan Council concerning dedication Rahn We have had a chance to by DC:. Company Of the park location Or. a Grin Road. list all real estate taxes and special assessments covering the entire parcel including that part that is to be retained by DCR and basically Eagan proposes to pay the real estate taxes on the portion of the land that is to be dadicatPd to Eagan for the years 1970 through 1972, and to absorb special assessments on the same property, Eagan would absorb only -that portion of real estate taxes attributable to each of the parcels. In addition, Parcel 3256G is the (is-; small triangular piece at the Southeast where, I believe, we are picking up , three -tenths of an acre and .67 acres remains With DCR. - 1. Z 3 V.1? . On Parcel 3256F I have the following real estate tax figures: .j . 1970 $206.24 . 111 1(.c, lg 1971 220.80 1972 193_.91..- ''i. c-;L D� 1 I don't have the tax figures on Parcel 3256G. I i /w..-s.+ I am enclosing copies of letters from the Eagan Assessment Clerk covering each of the parcels and.the breakdown between assessments retained by DCR Company and those to be absorbed by Eagan would be as follows: 3256F DCR Company .Eagan Street surfacing 1970 - Beau d'Rue Drive ° $1,260.00 None Street surfacing 1970 Rahn Road 667.08 None . 1;r. David . L. Granr.is, Jr. Page 2 - November 15, 1972 3256F (continued) 'DCR Company Eagan Grading ad gravel 1968 Rahn Road s $ 633.88 None Storm sewer trunk 1969 (at $762.30/acre) , 1,166.32 $1,753.29 Sanitary sewer lateral 1968 (at $140/acre) 213.50 322.70 Sanitary sewer lateral 1969 ' 399.97 None TOTAL '$4,340.75. $2,075.99 3256G Storm sewer trunk 1969 Sanitary sewer trunk, 1963 TOTAL $ 419.99 . $ 171.55 80.37 32:83 $ 500.36 $ 204.38 If the figures are agreeable with DCR, I would appreciate if you would send me a letter to this effect and we will arrange to pay off the real estate taxes before the end of 1972 to prevent anymore penalties from accruing. Some- how we'll have to make a breakdown between the two parcels for real estate tax purposes. Also, assessments technically should be paid before November 15th in any year or the full assessment for the following year.has to be paid after that t:_me. It's possible that we ca- ork 'this out with Carl 0nischuk. truly, aul H. Hauge FEH / nr Enclosures L .11 a 0 v . ' 3700 PILOT KNOD ROAD • 5T. P....iL. MINNESOTA IIII111 October 11,.1972 - Paul Hauge 2340 Dain Tower Minneapolis, MN Dear Paul: I have checked all the assessments for Parcel 3256-r listed'to DCR Co. in Section 19, and they are as follows: STREET SURFACING 1970, 150' along Beau d Rue Drive at ;;8.40 per foot = • $1260.00 STREET SURF ' .53 .�... ram;.::,�., 1970, Rahn Road, acres at :436.G0 per acre = GRADING & GRAVEL 1968, Rahn Road 1.53 acres at $414.00 per acre = ST0?,:r SEWER TRUNK 1969, 3:83-acres at $762.30 per acre $2919.61 - SANITARY SEER vl TRUNK 1968 3.83 acres at � 75.60 per acre on 807 of • acreage = $536.20 • SANITARY SEWER LATERAL 1969, 1.53 acres at $261.42 $667.08 per acre = $399.97 ::ccordi:..g to the information I have this parcel contains 3.83 acres. of whic:. 2.30 acres are considered pording area. • If additional information is needed please call me. SPECIAL ASSESSMENT DEPA.RTNENT ANNA GOERS. assessment clerk PAID IN FULL DATE RECEIPT NO. CONTROL NUMBER RECORD OF SPECIAL ASSESSMENTS EAGAN. TOWNSHIP 3795 Pilot Knob Road 003884 COUNTY COPY f -, - ANNUAL INTERES1 AY,�l; 9Y T PAYMEN REDUCTION 1 TRt. IN"EIt E:S 1" IST YEAR ST. PAUL, MINN. 55111 ``a t/ PROJECT NUMBER TOTAL PRINCIPAL ANNUAL PRINCIPAL YEAR PAYMENT 1 PAYMENT 2 PAYMENT 3 PAYMENT 4 PAYMENT • ,, / / 5/ '-i; t-- 1 1969 1974 1979 1984 -OECE By. V/ 48.71 34.53 29.08 23.63 SEP 12 '968 •22.54 qE-' 38:89 33.44 27.99 -._.. - 37.80 32.35 26.90 21.45 i 36.71 31.26 25.81 20.36 35.62\1 30.17. 24.72. 19.27' .. PURPOSE FOR WHICH SPECIAL ASSESSMENT IS LEVIED _ L3 ".At s. i 1969 (I, NAME AND ADDRESS DATE DUE NO.OF ASSESS. ASSESSMENT DATE DCR Company - 3900 Sibley Mem Hwy. :3t. Paul, Minnesota _9-6-68 (2) 20 (3) 8-6-68 (n 1 ADDITION FRONTAGE PER FOOT AMOUNT :';eotion 1 363.58 is] LOT NO, BLOCK NO. PARCEL NO. PROJECT NO. PLEASE PAY ABOVE AMOUNT,. 3256-G / RECORD OF SPECIAL ASSESSMENTS OCT 2i 1968 PAID IN FULL DATE RECEIPT NO. EAGAN TOWNSHIP 3795 Pilot Knob Road ST. PAUL, MLNN. 55111 l% I'AVMENT 2 .61.89 49.84 7 h' AYMEN i 9 V 59.48. 47.43 CONTROL NUMBER 003635 COUNTY COPY PAYMI NT A 57.07 45.02 P A Y M E N F 54.66 `" 42.61 PURPOSE FOR WHICH SPECIAL A S S E S S M E N i IS LEVIED ii&iin 'toad Extention 1968 ,(i ) NAME AND ADDRESS DATE DUE NO.OF ASSESS. ASSESSMENT DATE DCH Company 3900 4b1ey '''em Hwy. pit. Paul, Minneoota 55111 9-17-67 (21 10 13 I I 140.17-67 ( 4 ,ADDITION FRONTAGE PER FOOT AMOUNT Section 19 401.87 15) LOT NO. BLOCK NO. PARCEL NO. PROJECT NO. PLEASE PAY ' A B O V,E AMOUNT- 3256-G / • RECORD OF SPECIAL ASSES _ MENTS EAGAN TO 3795 Pilot Knob Boas ti r_ PAUL MINN. b6111 PAID IN FULL DATE RECEIPT NO. CONTROL . NUMBER 003663 COUNTY COPY 1" ANNUAL INTEREST , PAYMENT REDUCTION _ .. / PROJECT NUMBER TOTAL PRINCIPAL ANNUAL PRINCIPAL EXTRA IN TEGS! 1ST YEAH YEAR PAYMENT 1 PAYMENT 2 PAYMENT 3 PAYMENT 4 PAYMENT' 1`�; .2 / / - //6: /Y /7_s,/!Y 7� 7/ 1969 1974 1979 1984 ✓• 367.87 277.36 233.56 189.76 312.40 268.60 224.80 181.00 30 .64 2S9.84 216.04 172.24 294.881 251.08 207.28 163.48 286.12 242.32 198.52 154.72 1117' ri, r, 11 Fr 0 I ` 11 1'1 1 '1 r.. I•, IT f� 11 W 11 I C 11 1 ` I;, C. I A 1„ n 77 'i Al I•I I' 1 I• I;, v Storm rower 1969 NAME AND ADDIt1=SS I.) A 1 I. 1) U L NO. OF ASSESS. ASSESSMENT DATE DR Company 3900 Sibley Mem liwy. t. r►u1. Minnetiota 55111 19-24-68 ADDI VION (2) 20 (3) FRONTAGE ;;ection 19 l6.1- t /0 I 77.T r'I Ili? 'I•I Ili 3256-F 9-24-68 PER FOOT r/- �9J 3 1 is AMOUNT --2919.61__ (a ILL EASE PAY ABOVE. AMOUNT; • r•—• RECORD eF SPECIAL ASSESSMENTS A N LI A l_ I N I' LI! I / -; 7 PAYMENT 1.71-1....JC-1 ION I:. A H / PAID IN FULL DATE RECEIPT NO. EAGAN TOWNSHIP 3795 Pilot Knob Road 1-•••• ST. PAUL, MINN. 551 1 1,,'• YEAR I, A PAYMENT 2 PAYMENT 9 CONTROL NUMBER 004391 COUNTY COPY PAYMENT PAYMENT 1968 1973 1978 1983 1988 1993 60.76 44.69 \/ 39.34 35.99 28.64 23.29 48.97 43.62 33.27 32.92 27.57 22.22 47.90 42..55 37.20 31.85 26.5o 21.15 46.83 41.48 36.13 30.78 25.45 20.08 45.761 40.41 35.06 29.71 24.36 19.01 PURPOSE FOR WHICH SPECIAL ASSESSMENT IS LEVIED San f:ewor Trunk 1967 ( I .A. NAME. Arlo Anol<i:s:. IDAII. DOE NO.C.F ASSESS. ASSESSMENT DATE DC11 Company 3900 ':Abley tom Hwy ;t.Paul, Minn, 55111 10-5-67 (2) 30 (3) . . 9-5.67 • 14 ADDITION F/1rRONTACE PER FOOT ,..1 SIVAT f,;ection 19 ip....(.,I /:-/ .. if. 73 536,20 I ii LOT NO. BLOCK NO. PARCEL NO. PROJECT NO. . PLEASE PAY ABOVE AMOUNT 3256—f PHONE 454.8100 VILLAGE OF EAG 3795 PILOT KNOB ROAD EAGAN. MINNESOTA 55122 November 14, 1972 Paul Hauge 2340 Dain Tower Minneapolis, MN Paul: The following is a breakdown of the assessments on parcel 3256-G, in Section 19, Township 27, Range 23: STORM SEWER TRUNK, 1969 unpaid balance 1972 Assessment on .30 acres at 29% a Assessment on .67 acres at 71% SANITARY SEWER TRUNK, 1968 unpaid balance 1972 Assessment on .30 acres at 29%. Assessment on .67 acres at 71% $591.54 171.55 419.99 $113,20 32.83 80,37 Checked with me if additional information is needed SPECIAL ASSESSMENT DEPARTMENT ANNA GOERS Assessment Clerk PHONE 454-5242 EAGAN TOWNSHIP 3795 PILOT KNOB ROAD ST. PAUL, MINNESOTA 03111 October 11, 1972 Paul Paul Hauge 2340 Hain Tower Minneapolis, MN Dear Paul: I have checked all the assessments for Pardel 3256-F listed to DCR in Section 19, and they are as follows: STREET SURFACING 1970, 150' along Beau d Rue Drive at $8.40 per foot = STREET SURFACING 1970, Rahn Road, 1.53 acres at $436.00 per Acre GRADING & GRAVEL 1968, Rahn Road 1.53 Acres at $414.00 per acre = STORM SEWER TRUNK 1969, 3.83 Acres at $762.30 per Acres SANITARY SEWER TRUNK 1968, 3.83 Acres at $175.00 per acre on 80d% of SANITARY SEWER LATERAJ 1969, 1.5? acres at $261.42 per acre = $1260.00 $667.08 $633.88 $2919.61 $536.20 $399.97 According to the information I have this parcel contains 3.83 acres of which 2.30 Acres are considered pondingarea. If additional information is needed please call me. SPECIAL ASSESSMENT DEP!RTMENT Anna Goers Assessment clerk • • 11. October 11, 1972 Paul-Hauge 2340 Dain Tower: Minneapolis, MN Dear Paul: I have checked all the assessments - for Parcel-3256-F listed to'DCR:Co..-. in Section 19, and_ they are as. follows: • - STREET SURFACING,1970,150' along -Beau d.Rue Drive' at: $8.40..per ,foot = $1260.00 . STREET SURFACING 1970, Rahn Road, 1.53 acres at: $436.00 per -acre. . GRADING & GRAVEL 1968, Rahn. Road 1.53 acres at : $414:00'.per, acre s -. STORMSEWER TRUNK 1969 -SANITARY SEWER SANITARY SEWER 3.83 acres'at $762.30-per acre .TRUNK 1968', 3.83 ages at $17540. per :acre on 80% - ofs -_ -acreage _ $536.20 LATERAL -1969,- 1.53 acres at $261..42 per -acre '$399.97 - $667.08 $633.'138 $2919.61 ccording to the information.I have this panelcontains 3.83 acres of whilbh 2.30 acres are consideredlponding area.,, If additional information is needed please -call me. SPECIAL ASSESSMENT DEPARTMENT ANNA :GOERS assessment clerk POINT zz , z // - ‘0,4, OF) 4.• qf 111.80te•scrw 183..05 • 0 -- 103.13 4.89°59.391. S. 89°39. 34-W . - 93.84 - - ~‘, 7,3 M 0 2 6J CD Jail° • al \cr.10 D'..15" .•39 / \ b 9 ti re) 2 ; C •• ctlreL"..„.„_, Enzlzv'eel al'e new de8riptionf ycur naniirality 1,hit have vow:. about by deeds filed IP the CurAy during ii,he past ruuAthc LI ffr r=,-Artqd az,,mmatlgn aaJecsmei-A, probieas at the end of Ale 31-palr,, wou'A like !Ty 4ave y edie* daacrip0m3 frfi1k1 &LL Lt a of tho asseR2 -gfat tied yuu dtOde he at .yr a sci thea ts Uhb Arrfi We hope he)lp redw:e alatlant of assement Iplitl nd of car ae .16i have mny A3in3MOA tleamheL viing tnx,Igh the srfi©t! eh and theae my be m'eded at any tin” &A.11 4:1 you 1,A11113 ark! queation, fr c130,-/-47-A 'v6 Vel7 tru17 ybur, CiaL 13, CIISCHUR Da, Lot C tlar/t y by ". - WASTINGS DAKOTA OONTYI Anne: CARL ONISCHUK AUDITOR Dakota County Court House / Hastings, Minnesota 55033 6-6-73 Enclosed are some new description cards for you to check if assessment divisions are needed. Per conversation with Ed McMenomy we have now changed the parcels on parcels 3360-A,3360-B & 3360-C and we will again need this division of assessments as soon as possible. Norma HAIT•NOS DAKOTA W NTYf CARL ONISCHUK AUDITOR Dakota County Court House Hastings, Minnesota 55033 Ann Goers, clerk Eagan Village June 1, 1973 Enelosed herewith are the new divisions for parcels 3360-A and B on which we need the assessment divided. This property was transferred in error during 1972 and should have been only partially transferred to the parties and on the descriptions as shown. we would appreciate the division as soon as possible - at least for the 1973 installment. DELINQUENT TAXES DAKOTA COUNTY. MINE exia„ton South Inc c/o Edmund Dunn 4940 Viking Dr - p13 In 55435 Si of SE} of NE} Ex E330.3ft 3360-B /5 "A15 27 JUDGMENT 19‘ YEAR 2 DE.L.INQUENT rartin & Marie 4365 Lexington Eagan Ain 55122 TAXES Dealauriere 3360- Av 19 �.1 _-C4=0f—SE:}__o f NE} Also E330.3ft of -.Si of 33h0-A ,,Zh 27 27 2 UDGMENT YEAR DAKOTA COUNTY, MINI` YEAR VALUATION M SM D REM. G TAXES - EN. STATE SPECIALS "RIGINA` PAYMENT FAX INTO PFN TOTAL DATE RECEIPT" h DATE a. RECEIVE• FROM 690- 3/4 U- r_3496 DESCRIPTION $ c O . `' AMOUNT RECEIPT VILLAGE OF EAGAN DAKOTA COUNTY 3795 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 BY 8278 Thank You OFFICE OF THE CLERK Village of Eagan 3795 Pilot Knob Road Eagan? Minnesota 55122 /- NOTICE REs PROPERTY DIVISION «} .3/e. 9- ip nt 9A NOTICE has peen received from Dakota County regarding the division of your property on which we have assessments levied. If the purchase agreement stated that the buyer assumes the assessments? please furnish the Village of Eagan with a survey sheet designating the footage and acreage involved so that an assessment split can be made. Your check in the amount of $ �?c should also be submitted. If no reply is received from you? we will assume the 2 s� , smf:nts s::o-,16 • i with the original parcel. /s/ f•• Alyce Villa,. ':lerk e / 9:Z). —ve, 96 3/e 941 CITY OF EAGAN Addition Lot Bik Parcel Owner Street State Remarks Improvement Date • Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK CITY OF EAGAN Addition Lot Blk Remarks Parcel Owner Street State Improvement STREET SURF. . STREET RESTOR. GRADING Date Amount Annual Years Payment Receipt Date SAN SEW TRUNK SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK CITY OF EAGAN Addition Lot Owner Street State Remarks Blk Parcel Improvement STREET SURF. STREET RESTOR. GRADING Date Amount Annual Years Payment Receipt Date SAN SEW TRUNK SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK CITY OF EAGAN Addition Lot Blk Parcel Owner Street State Remarks Improvement STREET SURF. STREET RESTOR. GRADING Date Amount Annual Years Payment Receipt Date SAN SEW TRUNK SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK CITY OF EAGAN Addition Lot Blk Parcel Owner Street State Remarks Improvement STREET SURF. STREET RESTOR. GRADING Date Amount Annual Years Payment Receipt Date SAN SEW TRUNK SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK CITY OF EAGAN Addition Lot Blk Parcel Owner Street State Remarks Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK Miscellaneous Assessment Correspondence /972-1Q7+' Foy ANDS DAKOTA COUNTY ASSESSOR Gp�ER '0E6i ri S Form No. A.F. 4—Notice to Clerk of Meeting of Board of Review —°Equalization. `{ BLANK OFFICE OF COUNTY ASSESSOR TO THE CLERK OF TH . OF it v 04-3b-Tek..) COUNTY, MINNESOTA : NOTICE IS HEREBY GIVEN, That the J-P±? day of at Y%oa o'clock M has been fixed as the date for the meeting of the Board of Review—*Etrtralisatien (Strike out one) —in your for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.1, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. Given under my hand this day of \ 46).(0,2,„ County Assess °Applies only to cities whose charter provides for a Board of Equalization instead of a Board of Review. ,J12/ ii County, Minnesota Filed in my office this day of Clerk :' -* BLANK IIIKOTA COUNTY 'DAKOTA COUNTY GOVERNMENT CENTER 1560 HWY. 55 . HASTINGS. MINNESOTA 55033 SEYMOUR B. OLSON ASSESSOR TELEPHONE: 612-437-0200 •T. PAUL February 12, 1981 TO: CLERKS OF THE CITIES AND TOWNSHIPS OF DAKOTA COUNTY FROM: SEYMOUR OLSON, DAKOTA COUNTY ASSESSOR RE: 1981 BOARD OF REVIEW/EQUALIZATION MEETING Herewith we are giving notice of the date that has been fixed for your 1981 Board of Review meeting, and we are enclosing the three Assessment Notices that you are required to post not later than ten days prior to the date of said meeting. In order for this office to arrange to have and to get our notices timely printed, will provided below, the place at which you will time indicated is acceptable, or which time RETURN THE BOTTOM PORTION OF THIS LE'r.r R TO a representative at your meeting, you please indicate in the spaces convene. Also, please check if the the Board would prefer. PLEASE US NO LATER THAN MARCH 1, 1981. The enclosed, self-addressed, stamped envelope is for your convenience in returning this information to us. If you have any questions, please let me know as soon as possible. You may also contact Gloria Pinke of my staff if any problems with the date or time should arise. f' Sincerely, �� Seymour B. Olson Dakota County Assessor Ocjs 06 '1/4° \ �,J DAKOTA COUNT)" *DAKOTA COUNTY GOVERNMENT CENTER 1560 HWY. 55 • HASTINGS. MINNESOTA 55033 SEYMOUR B OLSON ASSESSOR TELEPHONE. 612.437.0200 February 12, 1981 TO: CLERKS OF THE CITIES AND TOWNSHIPS OF DAKOTA COUNTY FROM: SEYMOUR OLSON, DAKOTA COUNTY ASSESSOR RE: 1981 BOARD OF REVIEW/EQUALIZATION MEETING Herewith we are giving notice of the date that has been fixed for your 1981 Board of Review meeting, and we are enclosing the three Assessment Notices that you are required to post not later than ten days prior to the date of said meeting. In order for this office to arrange to have and to get our notices timely printed, will provided below, the place at which you will time indicated is acceptable, or which time RETURN THE BOTTOM PORTION OF THIS LErnR TO a representative at your meeting, you please indicate in the spaces convene. Also, please check if the the Board would prefer. PLEASE US NO LATER THAN MARCH 1, 1981. The enclosed, self-addressed, stamped envelope is for your convenience in returning this information to us. If you have any questions, please let me know as soon as possible. You may also contact Gloria Pinke of my staff if any problems with the date or time should arise. Sincerely, Seymour B. Olson Dakota County Assessor To: Dakota County Assessor The City/gip of held at C ' \c.\\ , on The meeting is scheduled to begin at Signed:• \)(Lkvk&i k Date '3 -1�� aoick,A (Ci -/Twp. ) Board of ,Clerk 7: Review meeting for 1981 will be Lvte). jitil P.M. Time OK X•. Time preferred: IMPORTANT: RETURN NO LATER THAN MARCH 1, 1981!! A Al cn1 I A 1 rN00n0 T111UITv C1,101 rwro Form No. A.F. 4—Notice to Clerk of Meeting of Board of Review —*Equalization. Ok'I'ICE OF COUNTY ASSESSOR TO THE CLERK OF THE NOTICE IS HEREBY GIVEN, That the OF CC2C.L'J� COUNTY, MINNESOTA: day of , 1977. at 7; 1 0 o'clock P. M., has been fixed as the date for the meeting of the Board of Review —*Equalization (arils., out one, —in your _for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.01, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. Given under my hand this 1 4 " day of , 1977. 041.x)/ county Aaaea.or County, Minnesota *Applies only to cities whose charter provides for a Board of Equalization instead of a Board of Review. Filed in my office this day of , 1977. Clerk ** BLANK ST. PAUL DAKOTA COUNTY *DAKOTA COUNTY GOVERNMENT CENTER 1560 HWY. 55 - HASTINGS, MINNESOTA 55033 SEYMOUR B. OLSON ASSESSOR TELEPHONE: 612.437.3181 EXT. 251 0 February 18, 1977 TO: CLERKS OF THE TOWNSHIPS AND CITIES OF DAKOTA COUNTY FROM: SEYMOUR B. OLSON, DAKOTA COUNTY ASSESSOR RE: 1977 BOARD OF REVIEW/EQUALIZATION MEETING Herewith we are giving notice of the date that has been fixed for your 1977 Board of Review meeting and we are enclosing the three Assessment Notices that you are required to post not later than ten (10) days prior to the date of said meeting. In order that this office may arrange to have a representative at your meeting, will you please indicate in the spaces provided below, the place at which you will convene. Also please check if the time indicated is acceptable, or which time the Board would prefer. Please return the bottom portion of this letter to us no later than MARCH 15, 1977. The enclosed, self-addressed, stamped envelope is for your convenience in returning this information to us. If you have any questions, please let me know as soon as possible. Sincerely, Seymour Bo Olson Dakota County Assessor ���-i /77 - 7- PHONE 454.8100 CITY OF EAGAN 3793 PILOT KNOB ROAD EAGAN. MINNESOTA 88122 May 20, 1976 Mr. Jake O'Toole, Senior Urban Appraiser Assessor's Office Dakota County Government Center Hastings, Minnesota 55033 Dear Mr. O'Toole: The list of parcels owned by the City of Eagan and for which we have received 1976 Real Estate Tax Statements is as follows: Recorded February 21, 1975: River Hills 9th Addition DI:ST. PLAT LOT BLK. C/D AMOUNT Outlot A 10 64400 010 00 7 $10.76 Outlot B 10 64400 020 00 2 196.42 Outlot C 10 64400 030 00 8 40.22 Recorded September 23, 1975: Oak Chase 1st Addition 10 53500 010 01 1 54.08 Recorded December 26, 1975: Pilot Knob Heights 4th Addition Outlot A 10 57503 010 00 9 12.48 Outlot C 10 57503 030 00 0 4.16 Outlot. D 10 57503 040 00 5 4.16 Outlot E 10 57503 050.ti 00 1 4.16 Will you kindly take the usual steps to relieve the City of Eagan of this tax burden? Sincerely, William Wells Accountant - City of Eagan PHONE 454-8100 CITY OF AGAN 2795 PILOT KNOB ROAD EAGAN. MINNESOTA 58122 May 21, 1976 Mr. Jake O'Toole, Senior Urban Appraiser Assessor's Office Dakota County Government Center Hastings, Minnesota 55033 Dear Mr. O'Toole: Listed below is a parcel owned by the City of Eagan for which we have received a 1976 Real Estate Tax Statement. Recorded August 1, 1974: Evergreen Park Addition DIST. PLAT LOT BLK. C/D AMOUNT Outlot A 10 24880 010 00 0 $376.70 We assure you that the 2nd half of taxes payable in 1974 will be paid with interest and penalty. However, will you kindly see that taxes on the above parcel for 1975 and 1976 are abated. Sincerely, z,/ 7 .147, William Wells ' Accountant - City of Eagan Form No. A.F. 4—Notice to Clerk of Meeting of Board of Review —*Equalization. BLANK OFFICE OF COUNTY ASSESSOR TO THE CLERK OF THE / OF e./9 G /9/0 NOTICE IS HEREBY GIVEN, That the COUNTY, MINNESOTA: % day of /97 Ay , 1976. at Zit) 0 o'clock pM., has been fixed as the date for the meeting of the Board of Review —*Equalization (9tr:ke out one) —in your C / for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.01, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. Given under my hand this (23day of �R/QC', 1976. County Assessor O,9k o77f, *Applies only to cities whose charter provides for a Board of Equalization instead of a Board of Review. County, Minnesota Filed in my office this day of , 1976. Clerk IM MOO Y!` *** BLANK Form No. A.F. 4—Notice to Clerk of Meeting of Board of Review —*Equalization. *' ' BLANK OFFICE OF COUNTY ASSESSOR TO THE CLERK OF THE NOTICE IS HEREBY GIVEN, That the OF COUNTY, MINNESOTA: agoc2-7 day of , 1975. at (-57\ o'clock.___ M., has been fixed as the date for the meeting of the Board of Review —*Equalization (Strike out one) —in your for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.01, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. Given under my hand this day CIA.CL , 1975. • Robert J..Meiers Dakota County Assessor County, Minnesota Cont, uAeneesor *Applies only to cities whose charter provides for a Board of Equalization instead of a Board of Review. Filed in my office this day of , 1975. Clerk *** BLANK RESIDENTIAL PROPERTY RECORD AND APPRAISAL CARD 0 • z i 0 u, NEIGHBORHOOD: n NEW IMPROVING STATIC DECLINING Li BLIGHTED LOT INFORMATION Subdivision Zoning Lot No. Block No. Size X Area Shape n RECTANGULAR rij IRREGULAR Topographical Features Landscaping: E EXTENSIVE AVERAGE fl NONE Street: Li CONCRETE Li ASPHALT OR MACADAM GRAVEL Improvements: ALLEY SID EW A L KS U WATER l i SEWER El GAS ELECTRIC LAND RECORD CARD NUMBER ASSESSMENT DIST. SCHOOL DISTRICT FRONT REAR AVE,DEPTH F. F. VALUE DEPTH ". Inc T. r.r. VALUEI `, COR. INF. 1 LOT VALUE I BUILDING PERMIT RECORD DATE NUMBER I AMOUNT PURPOSE DATE INSPECTED H I OWNERSHIP RECORD PURCHASER SALE DATE DEED BOOK PAGE AMOUNT • LOCATION Property Address Owners Address RENTALS RENTED TO DATES AMOUNT 1944 Carl & 11i13red u Case 540 Dakota County Road 30 St,Pau?, Minn. 55I23 3547 196 Aud. Sub -Div. f'42 Pt of 8 i333.5ft of E1322ft of N643o5ft of NE} of Sec 25-27-23 Subj to Esmnts 5 Acres YEAR ESTIMATED MARKET VALUE STRUCTURES AND IMPROVEMENTS 11c D &24 bo 3D .1,06 39a00 ADJUSTED MARKET VALUE STRUCTURES AND IMPROVEMENTS HOMESTEAD J ICL N A U TOTAL 0 N. N 3 N E C E a. HOMESTEAD BLIND OR PARAPLEGIC TO $8,000 @ 5% HOMESTEAD UP TO $4,000 25% ASSESSED VALUATIONS HOMESTEAD OVER $4,000 i400 NON - HOMESTEAD 40% STRUCTURES TITLE II NAT'L HOUSING !d20a TOTAL ASSESSED VALUE VALUE AS FINALLY EQUALIZED NAME PARCEL # • pi e*3. ;y .."4 r art! 1.„�'ti }p ��U. t r a : ' 3, 4li rrU('v L /77/ &um/ s // 4‘ ADDRESS - .. 010•-210 1�'N afeariii4GA4:" >o 1511‘‘6, netr.wr+v4+tAP. er er <: • e NAME k PARCEL. # a, IM•s Vic.. ,ia, /�4 E /� -f,tr2�' t4Rcv;.0034: I'I S.. j61 p) JAclƒ cot.) 280t1 glcclarrro — taw- of SAft,ly rw Oa. W►Ta. P.^'k Po -c -_` ADDRESS l %r f ri •i \l. tim T• . 1c.N ,.4 ; .� miaow I • 7 Form 3—Olerk'® Po,ted Notice P::'N aE1i ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, That the Board of Review —* of .... he ..iTi1l.a�ne..n.£..Ea efqn. in D?kQta. County, Minnesota, will meet at the office of the Clerk in said ViJ.].age...of...Eagan at 2' Q0 o'clock...13 M., on...liecinesday...., the 1.3th day of ,.raze , 1973, for the purpose of reviewing and correcting the assessment of said...11111,age..r f..Eagan. for the year 1973. All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed too low, are hereby notified to appear at said meeting, and show cause for having such assessment corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under my hand this ' day of Clerk of the '1)-4 A •Applies only in cities whose charters provide for a Board of Equalisation. of ) , 197.3. Form No. ,& F. 4—Notiee to Clerk of Meeting of Board of Review —'Equalization. • ** BLANK PwV o5R OFFICE OF COUNTY ASSESSOR TO THE CLERK OF THE TOWNSHIP OF EAGAN DAKOTA. COUNTY, MINNESOTA: NOTICE IS HEREBY GIVEN, That the at 2:30 14th day of JUNE , 1972, o'clock P M., has been fixed as the date for the meeting of the Board of Review—*Egaairz tirron (Strike out one) —in your TOWNSHIP for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.01, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. Given under my hand this 15th day of MARCH , 1972. Con ty Assessor DAKOTA County, Minnesota °Applies only to cities whose charter provides for a Board of Equalization instead of a Board of Review. Filed in my office this day of , 1972. Clerk P w:uroSR BLANK DATE INVOICE NUMBER AMOUNT OF INVOICES TOTAL AMOUNT GROSS EARNINGS 11111.11111 PERA WITHHOLDING TA X STATE INC. TAX HOSP. DEDUCTIONS • NET PAY TOWNSHIP OF EAGAN PLEASE DETACH BEFORE CASHING TI-IIC IC A CTATFAAPNIT nE OAVAAPEIT Akin FADEIINIr_C A kIT nEnl IrTInNc e, et be eas Art 0 4/ it-.04i ,e et g,t, _ /1/0 /fer, 0 'etch r Soo- /IQ 4/iS7 ®b✓4/Fg .a /%)14Cgit44 ?e,074)e-,er _ 3 3 42 - 8 /= G. •MCA ci tse - . /P .,a dice /ri 4' ,o•11 33-9 2 — E, a3. 3e k3-/1 LA 2 L '� SA re e .%9c r/o A/ /4--/t ELY ,cae_-r/a. \; 4 c/ Pvoi' fr44V /9eovt C e/4;.: c r „boo M.1!_./-o,e ? 1 O /e /1/ 0 _ V4 !/t /oti /71ec.eh 3G82 c ,,a ac E /gAt'irt 7". ,C (1-1 ...... �.:.... +Jr,.. o Sc'r,i QAes 2/00....gZ_m.. 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',,6_,;. 6_--r.._- ' '7 • ` o--,-. — 33 33 ,�2 (t.t r 0 t/� 3) i,,, X9 / j,.,.-%6- f p—o---d G 6 -1-/G, G o— `' -4— ' j_ -0 — -U-F -¢-c- 4-4-' '-' 0. o Ua,,e ,9 , e /7 c// a 7 ( 3 6 `7/7) X . 7--Asir 2- :, X. 0' �'"I 3 307 0--0 `� J f !i+E6414-iwriiii • iii i ii - °- 4• • 141 _ & 3z) /?—A- Z % oY--zrt> /7.f/ad L c t) / % — E 3 .„7i C- ' z) 3 d-y---ca 3 v / - 6 ----# / 0, o-- /', e,-a--r, L/— 3/3ij_ .2-3-o S0d 3 / d a _A-,..2 a.. , /3- - .5 3, c-----n .5'.2" S o-o F _ , !'v a-�-e-o — -a-l" `i ,�,--c-t -e--- 3 a /' -A Z 69 Q- m-., ' _-_-- „-.- -)- /d�,,�� •G � e. i2)-p—.---,_ 6 f -(v _ Form No. A.F. 4—Notice to Clerk of Meeting of Board of Review —*Equalization. BLANK TO THE CLERK OF THE OFFICE OF COUNTY ASSESSOR OF COUNTY, MINNESOTA: NOTICE IS HEREBY GIVEN, That the � day of.Witt,/ , 1974 at 2-6 O o'clock P M., has been fixed as the date for the meeting of the Board of Review —*Equalization (Strike out one) —in your Lk t4j.. for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.01, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. Given under my hand this day of #&4 ,1974. 641174,-11 Ro 'eft1 firvftfY� y� a County Asse sor •ounty, Minnesota *Applies only to cities whose charter provides for a Board of Equalization instead of a Board of Review. Filed in my office this day of , 1974. Clerk * BLANK Form No. A.F.:l—Notice to Clerk of Meeting- of Board of Review —•Equalization. BLANK OFFICE OF COUNTY ASSESSOR TO THE CLERK OF THE Dakota Township OF Eagan COUNTY, MINNESOTA: NOTICE IS HEREBY GIVEN, That the 8th day of July , 1970. has been fixed as the date for the meeting of the Board of Review —•Equalization —in your (Strike out one) Township. for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of „Jnnesota Statutes 1961, Section 274.01, you are required to give notice of said meeting by publication, and posting, not later than ten days prior to the date of said meeting. Given under my hand this 2 % t h day of April , 19.70. County Assessor. Dakota County, Minnesota. *Applies only to cities whose charter provides for a Board of Equalization instead of a Board of Review. Filed in my office this day of , 1970. .... Clerk BLANK • January 23, 1970 Mr. Robert Meier,; Dakota County Lssescor° Hastingp, Minnesota 55033 Dear Mr. Meier: The Eagan Township Board of Supervisors is quite concerned about the attached letter from the Dept. of Taxation, State of Minnesota in regard to increasing evaluations in Eagan Township. We note that y ,u have requested to be placed on the Agenda for the February 3rd Board Meetin,. ,ould it be r:ossible to meet with us at 7:00 P.M. that evening to discuss this and othcr : attcrsY Very tru., urs, (Mrs.) Alyce Bolke Clerk of Eagan Townshi Enc. STATE OF M[NNESOTA DEPARTMENT OF TAXATION CENTENNIAL OFFICE BUILDING SAINT PAUL, MINNESOTA 55101 October 29, 1969 Chairman Township of Sagan Gentlemen: This department has completed the detailed study of the levels of assessment of real property that prevailed in 1968 in every county of the state. The ratios of the assessment to the current market value of the types of real estate in your county have been presented to your county assessor in order to assist him and your local assessors in make ing the 1970 assessment, Equality in the standards of assessment of all classes of property is a goal to which we are firmly committed. The legislature has laid down the statutory requirement that the assessor must determine the cur- rent market value of each description of real estate. This department and assessors generally throughout the state are agreed that the adjust- ed market value must be established at one-third of the estimated market value. The rising market prices of the past two years also must be re- flected in the new assessment. In the 1970 assessment it is our belief that the following changes are needed to equalize your valuations with the standards of assessment throughout the state: Residential Heal Estate - 10% Increase Farm Real Estate - 10% Increase If you have questions concerning our recommendations, we will be hap- py to discuss the levels of assessment in your area with you. The work of your assessor in the 1970 assessment should be given careful attention by the boards of review and equalization. Where improvements in the lev- els of assessments are attained by local action, no changes need be nec- essary in state equalization. E ,: ACS: mam Very truly yours, RJFU" T. LOG C•, , f ssiorer cif Taxation 0 Six •sTl� f1_ } eas- July 11, 1969 Mr. Robert Meiers Dakota County Assessor Court House Hastings, Minnesota 55033 Dear fir. Meiers: Enclosed please find photo copy of letter re- ceived from the Clerk of Eagan Township expressing the desire to review all abatements prior to their consideration by the County Board. I ask that you make a note of Eagan Township's re- quest and that all tax abatements, whatever nature, be referred to the Board of Supervisors of Eagan Township prior to their presentation to the County Board. Thank you for your cooperation in connection with this matter. Yours very truly, Chares E.�Mertensotto Enc. Dakota Cou ty Commissioner CEM/jmh cc: Mrs. Alyce Bolke ROBERT J. MEIERS ASSESSOR TELEPHONE 612-437-3191 EXT. 21 DAKOTA COUNTY *COURT HOUSE • HASTINGS, MINNESOTA 55033 ST. P#YL MPLS. • NA IT INO1 DAKOTA WNTYI October 1, 1969 Mrs. Alyce Bolke,Clerk Eagan Town Hall 3795 Pilot Knob Road St. Paul, Minnesota 55111 Dear Mrs. Bolke: Enclosed are three copies of the assessing agreement for the Township of Eagan for the year 1970. Please have the officials from Eagan Township sign all three copies and return them to my office. When they have been completed by the county officials, one copy will be sent to you for the Eagan Township files. There is also enclosed an abstract of the abatements that were reviewed by your board September 30, 1969. Yours truly, Robert J. Meiers Dakota County Assessor RJM/mc Enc. I TIP Nmom MI,_ DAKOTA COUNTY ASSESSOR IS-U FO LIDtR ENDS June 6, 1973 Henry or Margaret Bruestle 1470 Englert Rd. Eagan, Minn 55122 Village of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 NOTICE PROPERTY DIVISION P'•.RCELS SEC. 16 3218-A. 3218-F NOTICE has been received from Dakota County regarding the division of your property on which we have assessments levied. If the purchase agreement stated that the buyer assumes the assessments, please furnish the Village of Eagan with a survey sheet designating the footage and acreage involved so that an assessment split can be made. Your check in the amount of $ --mac . _ c should also be submitted. If no reply is received from you, we will assume the assessments should remain with the original parcel. /8/ Alyce Bolke Village Clerk h' _/ 'y''..'1.:,�-c <�- / ti,73 7.j WARRANTY DEED THIS INDENTURE, made this day of March, 1973 between EXPRESSWAY PROPERTIES, INC., a corporation under the laws of the State of Minnesota, Party of the First Part, and DON E. HARLEY ASSOCIATES, INC., a corporation under the laws of the State of Minnesota, Party of the Second Part, WITNESSETH: That the above said Party of the First Part, in consideration of the sum of One Dollar and other good and value consideration to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell and convey unto the said Party of the Second Part, its successors and assigns, forever, all the tract or parcel of land lying and being in the County of Dakota, State of Minnesota, described as follows, to -wit: Lot 14, Block 7 in the Plat of Eagandale Center Industrial Park, according to the recorded plat thereof, except the northwesterly 60 feet(as measured at right angles to the northwesterly line of said Lot 14), and except that part of said Lot 14 lying easterly of a line 10 feet westerly of and measured at right angles to and parallel with a line described as beginning in the most southerly corner of said Lot 14; thence northeasterly along the southeasterly line of said Lot 14 a distance of 97.45 feet; thence northerly a distance of 507.44 feet along a curve concave to the west having a radius of 672.0 feet and passing through a point in the northerly line of said Lot 14, said point being 284.23 feet easterly of the northwest corner of said Lot 14 (as measured along said northerly line and there terminating.) Subject to the easements shown on the Plat of Eagan - dale Center Industrial Park as recorded in Book R of Plats, Page 25, in the Office of the Registrar of Deeds, Dakota County, Minnesota. Subject to the reservation of a railroad spur track easement described as lying southeasterly of the following described line; commencing at the most southerly corner of said Lot 14; thence northwesterly along the southwesterly line of said Lot 14 a distance of 25 feet, to the point of beginning of the line to be described; thence northeasterly deflecting to the right 98 degrees a distance of 110 feet and there terminating. Party of the Second Part, at its expense, may construct, install and maintain an industrial spur track, extending from and connecting with the railroad lead track lying easterly of and adjacent to the east line of the above described tract of land, to serve any building or other facilities to be constructed on the above -described tract of land. As a condition for connecting with said railroad lead track, Pary of the Second Part agrees to furnish Party of the First Part, at.the end of each calendar month, after making first use of the aforesaid railroad lead track, a statement of all loaded line cars shipped or received by Party of the Second Part each calendar month over the aforesaid railroad lead track, and said statements shall contain or be supported by statements containing sufficient detail, showing date of shipment, initials and car numbers and such other information as may be appropriate to identify shipments passing over said railroad lead track and onto the property described above. In addition to the foregoing, as a further condition of connecting the aforesaid industrial spur track with the aforesaid, railroad lead track, Party of the Second Part shall execute and deliver to Chicago, Milwaukee, St. Paul and Pacific Railroad Company said company's regular Side Track Agreement covering construction, maintenance and operation of the aforesaid industrial spur track and shall submit spur track plans, including clearances for its spur track, and receive approval thereof from said Railroad before construction of said spur track is commenced. The construction, maintenance, repair and renewal of such spur track shall be subject to the approval of the Chief Engineer of such Railroad company. TO HAVE AND TO HOLD THE SAME together with all the heredita- ments and appurtenances thereunto belonging, or in anywise appertaining, to the said Party of the Second Part, its successors and assigns, forever. And the said EXPRESSWAY PROPERTIES, INC., Party of the First Part, for itself, and its successors, does covenant with the said .Party of the Second Part, its successors and assigns, that it is well seized in fee of the lands and premises aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the same are free from all encumbrances, except: Real estate taxes payable in the year 1973 and subsequent years, together with all installments of special assess- ments payable therewith and thereafter, wiether heretofore or hereafter levied or assessed, together with any and all interest thereon. IN WITNESS WHEREOF, the said First Party has caused these presents to be executed in its corporate name by its Vice President and its and its corporate seal to be hereunto affixed the day and year first above written. EXPRESSWAY PROPERTIES, INC. IN THE PRESENCE OF: By By Its Vice President Its Corporate Seal STATE OF MINNESOTA COUNTY OF ) SS On this day of March, 1973, before me, a Notary Public, within and for said County, personally appeared d to me personally known, who being each duly sworn did sa they are respectively the Vice President and Y that of said EXPRESSWAY PROPERTIES, INC., and that the deal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf ofsaidcorporation by authority of its Board of Directors and said n acknowledged said instrument to be the free act and corporation. deed of said NOTARY PUBLIC Minnesota. My commission expires: County, GEORGE X. CONNOR VICE PRESIDENT. LEGAL March 20, 1973 Alyce Buelke, Assessor Township of Eagan 3795 Pilot Knob Rd. Eagan, Minn. 55122 Dear Ms. Buelke: I am enclosing herewith two surveys of the lot division of Lot 14, Block 7 Eagandale Center Industrial Park. The first one shows the square footage of Parcel 1 and the second shows the square footage of Parcel 2. Very ..ruly yours, it George X. Connor GXC:zm enc. 4444 RAUENHORST CIRCLE, MINNEAPOLIS, MINNESOTA 55435 612/920-4444 March 15, 1973 Assessor's Office Village of Eagan Village Hall 3795 Pilot Road Eagan, St. Paul, Minn. Re: Lot 14, Block 7 in the Plat of Eagandale Center Industrial Park Gentlemen: GEORGE X. CONNOR VICE PRESIDENT, LEGAL As you may know, we previously sold the northwesterly 60 feet of Lot 14, Block 7 in the Plat of Eagandale Center Industrial Park to Coca Cola and we are presently intending to sell a portion of Lot 14 to Don E. Harley Associates, Inc. I am enclosing herewith a photocopy of the proposed Deed setting forth this description. You will also find enclosed 2 separate surveys, the first one showing Parcel 1 of Lot 14, which is the property being sold to Don E. Harley Associates, Inc. and the second survey showing Parcel 2, which is the residue of this land. I am also enclosing herewith our check in the sum of $20.00, which I understand is required where a lot subdivision is requested. If there is anything further you require,will you kindly contact me. Thanking you in advance for your courtesy and cooperation in this matter. truly yours T;\-.'Connor GXC:zm enc. 4444 RAUENHORST CIRCLE, MINNEAPOLIS, MINNESOTA 55435 612/920-4444 Form 3—Clerk's Posted Notice P«':u o5R ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, That the Board of Review---*Eatigiitditk of the TOWN of EAGAN in DAKOTA Minnesota, will meet at the office of the Clerk in said..Tt wn...Ha,11., 3795Kraob•••Ao.ad at 2 : 30 County, o'clock P. M., on Weclaesday , the 14 day of Jime , 1972, for the purpose of reviewing and correcting the assessment of said Town for the year 1972. All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed too low, are hereby notified to appear at said meeting, and show cause for having such assessment corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under my hand this i6 day of T ME: .Z:30 P.NI. - 411,36 P'M May 1972. Clerk of the T Q.wn. of ];-a.8ox1 *Applies only in cities whose charters provide for a Board of Equalization. Form 3—CLERKS POSTED NOTICE. P'.•uwu•1l ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, That the Board of Review —*Equals atien of the of / .✓ in o F A County, Minnesota, will meet at the office of the clerk in said. f 4-) 4 J i-/ /.3i /97/ 4 i t% ti' 19,4 G. [. on 3 o P/✓I — 41: 3D P. it// for the purpose of reviewing and correcting the assessment of said 4'r 4-A-1 J ° t'''`' s" rr%P for the year 1971. All persons considering themselves aggrieved by said assessment, or who wish to com- plain that the property of another is assessed too low, are hereby notified to appear at said meeting, and show cause for having such assessment corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under my hand this U day of 14e- Clerk of the •App11es only 1n cities whose charters provide to: a Board of Equalisation. -T° `.v 4J of 1971. Form 8—Clerk,. Posted Notice ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, That the Board of Review—' ism _of the of Eagan . Dakota Count y, Minnesota, will meet at the office of the Clerk in said City — 3`) -ram at 2:00� o'clock P M., on Wednesday , the 12th day of June , 1974, for the purpose of reviewing and correcting the assessment of said City City for the year 1974. All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed too low, are hereby notified to appear at said meeting, and show cause for having such assessment corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under my hand this -- day of `� , 1974.. Clerk of the City "Applies only in cities whose charters provide for a Board of Equalisation. of Eagan Dakota County Assessor Dakota County Court House Hastings, 55033 Re: Abatement of Assessments Dear Sirs: August 9, 1974 Enclosed for your attention is a copy of a letter to the Dakota County Treasurer requesting abatement of assessments on parcels 3256-F2, 3202-B, 3269-A, 3368-C and 3369-C. Tax statements for the 1974 installments have been received. Please inform us as to the proper procedure to follow to have these assessments abated. Very truly yours, (Mrs.) Alyce Bolke Clerk -City of Eagan Enc. AB/r:lg THE FIRST NATIONAL BANK OF SAINT PAUL ST. PAUL, MINNESOTA 55101 September 12, 1974 City of Eagan 3795 Pilot Knob Road St. Paul, Minnesota 55111 To Whom it may concern: AREA CODE 612-291-5000 Enclosed please find checks paying special assessments on Sewer and Water Laterals, Storm Sewer and Water Area, 1975,. for the following people. SATRE, Randy H. Ck # 4498 NAGUIRT, Rafael C. Ck # 4502d CRUZ, Romeo D. Ck # 4501i REDDICK, Ridgely B. Ck# 4500V TESSMER, Steven A. Ck #4499l DE STAFENO, Bruce N. Ck #4497 f BOSS, Robert O. Ck#4519 Sincerely, X(19-z\-s2S-NC Ja'fn es P. Gannon Real Estate Department 291-5280 JPG/ jmp enclosures $1, 505.70 $1, 505. 70 $1, 505.70 $1, 505.70 $1, 505. 70 $1, 505.. 70 $2, 036. 55 P 2 2- I-- 17 r q 3 • q4 P t!. MEMO TO: ASSESSMENT COMMITTEE FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 26, 1977 SUBJECT: ASSESSMENT COMMITTEE MEETING Please be advised that an Assessment Committee was scheduled for Tuesday, August 30, 1977 at 4:00 P.M. The purpose of the meeting is to discuss the following items: 1. Determination of Cliff Road and Pilot Knob Assessments for residential purposes. In addition, thursday, September 1, 1977 at 6:45 P.M. was scheduled to review the Assessment Guideline Policy -Rough Draft. Ratter than spend several short meetings reviewing the proposed policy, the Assessment Committee felt an evening meeting should be held to review the proposed policy in its interity. CVAJWMCJI6 'kk\-e-cit2-- City Administrator MINUTES OF A REGULAR MEETING OF THE ASSESSMENT COI•'MITTEE EAGAN, IMINNESOTA AUGUST 30, 1977 A regular meting of the Eagan Assessment Committee was held at the City Hall on August 30, 1977 at 4 p.m. Those present were Vice Chairman Harrison, Council Member Smith, Council Member Rahn and Dale Vogt; also present were City Engineer Robert Rosene, City Administrator Tom Hedges, and City Attorney Paul Hauge. Chairman Knight was absent. Vice Chairman Harrison chaired the meeting and announced the principal purpose of the meeting was to make a recommendation to the City Council concerning assessments for major streets, including City collector streets and County roads in the event of improvements on such roads. A memo from the City Administrator dated August 29 was reviewed outlining several alternatives for assessments and the financial implications throughout the City in the event that residential abutting properties are assessed on one-half the normal residential equivalent or in the event residential property is not assessed for such road improvements. There was discussion concerning the possibility of appraising the benefit to each property at the time of the improvement and also the Committee reviewed the present requirement that developers in new developments post an escrow for future County or City road improvements. Another alternative was a fixed per -lot charge for future major streets and County road improvements and the problem of making certain that all developments pay their share toward such costs. Smith moved and Vogt seconded the motion with all members voting in favor as follows: That single family residential property abutting two or four lane divided median roads be assessed for road improvements on a front foot basis on the basis of one-fourth of the then normal residential equivalent assessment. That single family residential property abutting two or four lane undivided roads be assessed on a front foot basic on the basis of one-half of the then normal residential equivalent assessment. That any new residential single family development abutting County roads -1- 0-30-77 or collector street:, be charged a full residential equivalent according to present City policy and procedure. Property zoned other than single family residential shall be charged the normal existing rate for the specific zoning category involved for improvements to abutting roads. The meeting adjourned at 5:15 p.m. August 30, 1977 -2- e,/s1.5-vv. \0Q cieboi0‘ E3et) ,164v\,t1-4 13 b ` CCU l RESOLUTION CITY OF EAGAN WHEREAS, property owners abutting county roads in townships are free of any assessments by the county road road improvements, while their counterparts in cities are assessed 45% of the cost; and, WHEREAS, such a policy is discriminatory, arbitrary, and capricious; and, WHEREAS, county roads are primarily for intercommunity vehicle travel; and, WHEREAS, the state does not assess abutting property owners for road improve- ments and many state roads have less traffic volume than our county roads; and, WHEREAS, Eagan property owners paid no assessment for county road improve- ments until 1972 even though property owners along residential streets were assessed the residential equivalent; and, WHEREAS, the County Board of Supervisors, since 1974, has had before it a formula for paying up to 100% of county road construction costs and the Board has not acted to end this discriminatory assessment formula NOW THEREFORE BE IT RESOLVED, in a motion by , seconded by , the City of Eagan authorizes the Administrator and City Attorney to initiate a study to determine cost and course of actions the City may take including the possibility of seeking relief through the courts:to end this discriminatory, arbitrary, and capricious assessment policy of the county. BE IT FURTHER RESOLVED, that the Administrator and City Attorney study means of ending the present arbitrary, political selection process of the County Board of Supervisors in determining which county roads are to be improved by replacing this present selection process with a prioritized system using weighted criteria such as that used by the State Transportation Advisory Board as an illustrated example: fatality rate assigned 10 points, accident rate 9 points, traffic volume 8 points, and etc. The greater the number of points, the higher the priority. DATED: CITY COUNCIL CITY OF EAGAN ATTEST: BY: Alyce Bolke, City Clerk Leo Murphy, Mayor Leo Murphy James Smith Ted Wachter Mark Parranto Tom Egan YES NO Carl 0nischuk, County ; Aud or `Dai.ota .County: Courthouse Hastings, Minnesota-'..55033 Dear Sir: A:check in; the_. amount."`S5y595e18:was- received:by,us - rom the Rauenhorst 'DevelopmentCorpm covering assessments on .:the follow-. parcels Parcel-- 3029E Parcel` 3030 - Parcel..3031A ' Parcel 3032 Please `correct= our - records accordingly. PHONE: 927-5607 AREA CODE: 612 Township of Eagan Eagan St. Paul, Minnesota Gentlemen: GEORGE X. CONNOR ATTORNEY AT LAW May 16, 1969 520 PENTAGON PARK TOWER 4940 VIKING DRIVE MINNEAPOLIS, MINNESOTA 55435 I am enclosing herewith the'Rauenhorst Development Corp. check in the sum of $5, 595. 18. This represents assessments on the follow- ing tracts: TRACT ONE Parcel 3029B - That part of the Northwest Quarter of' the Northeast Quarter of Section 3, Township 27, Range 23 lying Northerly of the plat of Eagan- dale Center Industrial Park. Original Amount - $1, 514. 80 Balance - $ 1,413.82 TRACT TWO Parcel 3030 - That part of the Northeast Quarter of the Northeast Quarter lying West of the Rail- road and North of the plat of Eagandale Center Industrial Park. Original Assessment - $219.80 Balance - 205.16 TRACT THREE Parcel 3031A - The Northwest Quarter of the Northwest Quarter of Section 3, except the South 368 feet of the North 1,076 of the West 452 feet and except Eagandale Center Indus- trial Park. Original Assessment ':'. $2, 595. 60 Balance - 2,422.56 Township of Eagan =• May 16, 1969 TRACT.'FOUR Parcel 30.32 - The Northeast Quarter of . the Northwest -Quarter. lying Northerly of Eagandale Center' Industrial Park containing 11.,89 acres more or less. Original Assessment- $1, 664.•60 T OT'A;L Balance ;_t $ 1, 553. 64. • $5;595.18 Apparently 'onApril,'5, 1966 the Board of Supervisors ,adopted an improve- ment resolution for =a- sewer, line'in this area.., On•September 1, 1966, the State of Minnesota. filed its petition for condemnation of parcels number - 3029B, 3030, 3031A and 3032. On. September 5, 1967 the Board of Super- visors adopted the assessment roll-. which included these parcels and also two other parcels not involved in this transaction but owned by Mr. Stanley Sell and others. The .question has been raised as to whether this assess:- ment is a prior lien to the condemnation. Under the doctrine set forth in a case decided by our Supreme Court in 1954, Independent -Consolidated School District No. '27 of -Mower County v. Waldron 241 Minnesota 326, 63. N.W. 2nd 555, • it would appear that a land owner is to be relieved of -obligations to pay any taxes imposed after the condemnation petition is filed. We intend to proceed under Minnesota Statute 117.. 12 which provides "all taxes and assessments imposed upon the property after the filing of the petition and paid by the owner before paying of the award -shall' be added 'to the amount of such award, and with interest thereon shall be paid there- with; and the• receipt of -the .proper officer for such taxes and assessments " shall be conclusive, ;as between the owner and petitioner, of the amount and validity thereof.''' As you may gather from:the language of the above statute,. it would appear. 'that we may eventually, be able to add the payment of these assessments to the award as finally determined, -We _have been cautioned, however, that these assessments should not be paid by.•us without paying the same under protest and therefor we have noted this on the enclosed check. I'talked with Mr. Haug.e about the amount of the special assessments"and he has requested that I include in this letter a statement to the effect that the parcels above enumerated are the only parcels involved in the condemnation action relating to the assessment. in question. Township of Eagan, •May 16, ' 1969 It is -my intention to sostate. Once again we, appreciate - your cooperation in this :matter. GXC:jmb Enclosure, Very truly yours. George X. Connor. 3i7 .34.2 _/3 triy• I w, 30 .2/ 9, .0 .3o 3i- 40 3a 3/GL9 INP c} cis) A GE N. D A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF EAG N TOWNSHIP 7130 P.M. 1. 7:30 P.M. - Opening of bond bids for $450,000 utility bond issue 2. 8:00 P.M. - Public hearing concerning application of J & K Company for preliminary plat approval in section #20 and also for building permit and variance. 3. .Discussion of proposed Cedar Grove Utilities Company buy-out. (Informal) 4. Approval of proposed Development contract. LAW OFFICES STALLAND 8c HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M. STALLARD PAUL H. HALIDE Board of Supervisors Town of Eagan Dakota County, Minnesota Gentlemen: AREA CODE 612 PHONE 336 -8361 April 30, 1969 RE: William Sell - Rauenhorst Sewer Assessment You have requested my opinion as to whether the assessment against certain parcels owned by William Sell is valid and collectable in view of the condemnation by the State of Minnesota of these parcels for # 494 highway purposes. The facts are these. 0n April 5, 1966, the Board of Supervisors adopted an improvement resolution for a sewer line in this area. On September 1, 1966 the State of Minnesota filed its petition for condemnation of Parcel Nos. 3029B, 3030, 3031A and 3032, all owned by Mr. Sell. 0n September 5, 1967 the Board of Supervisors adopted the assessment roll which included those parcels and also two others belonging to the Sells, the total asses- ment against all six parcels being $9,467.05 on which there now remains a total balance of $6,965.55. The balance of assessments against only those four parcels subject of the condemnation action is something in excess of $5,000.00. 0n December 16, 1968 the condemnation award was filed. The first question to be answered is at what point did the assessment become a lien upon the property in question. Minnesota Statutes Section 429.061 provides in part aspfollows: "...The assessment, with accruing interest, shall be a lien upon all private property...included therein, from the date of the resolution adopting the assessment, concurrent with general taxes..." The assessment in question therefore became a lien upon the property on September 5, 1967, the date the Board adopted the assessment roll. The next question is whether title to these parcels had passed from the Sells to the State of Minnesota pursuant to thecondemnation priorto the adoption of the assessment roll. In Independent -Consolidated School District vs. Waldoran (1954) 241 Minn. 326, 63 N.W. 2d 555, the Court said that, "Title passes to condemnor in eminent domain proceedings when the award is paid or secured, but its passage relates back to the date of the filing of the award." r Board of Supervisors Town of Eagan Page 2 In our situation the filing of the award on December 16, 1968 was more than a year after the adoption of the assessment roll. Therefore it is my conclusion that the assessment became a valid lien against the Sell property September 6, 1967 forwhich the then owners, the Sells, are obligated to the extent of the part of the assessment which has not been paid, being a sum somewhat in excess of $5,000.00. Whatever portion of the assessment of parcels in condemnation which the Sells have paid would be added to the condemnation award and paid by the State of Minnesota pursuant to Minnesota Statutes Section 117.12 LMS/c1c ery truly/ • PAUL H. HAUGE ZESZESF'@C X HAUGE & HOEY, P.A. Attorneys at Law 3908 SIBLEY MEMORIAL HIGHWAY EAGAN-(S•T-. PAUL), MINNEESOTA 55122 January 3, 1978 TO: The Eagan City Council FROM: Paul H. Hauge RE: Estate of Ray Raymond - City of Eagan Assessment Reallocation Gentlemen: Area Code 612 Telephone 454-4224 The Eagan City Council on December 20th asked that I inquire from Attorney Vance B. Grannis, Jr. concerning a letter of December 16th requesting that the Eagan City Council honor a Judgment and Decree of the Dakota County District Court dated June 4, 1976, which provided for reallocation of assess- ments covering the Raymond - Braun property between Elrene Road and Highway 49. Questions arose by City Council members as to the impact upon eventual payment of the assessments and interest, whether the landmay be tax forfeited, the Green Acres implications, etc. I received a letter dated December 29, 1977 from Mr. Grannis, together with a rough sketch of the property in question, and am enclosing a copy. It's my understanding that the property was divided amongst various members of the family into three parcels by Court Order after three appraisers who were appointed by the Court divided the property. I am enclosing a copy of the December 29th letter, together with a copy of the sketch which answers most of the questions, I believe, that the Council had. The reason for the attempt at the present time to reallocate the assessments is that there is a potential buyer for at least one of the parcels, but there is no certainty of sale of the 52 acre parcel which according to the Order would end up with all of the assessments. Some of the questions that I asked Mr. Grannis were as follows: 1. Whether because of the Green Acres category at the time of the parti- tion, the assessments must be paid in full on the partitioned property. I understand that there is a question whether the property is eligible for Green Acres any longer and, of course, if it goes off Green Acres, then the assess- ments would become payable under M.S.A.273.111, subd 11. Local special assess- ments are deferred if the property qualifies for Green Acres; however, when the property is sold or no longer qualifies, then all deferred special assessments plus interest shall be payable within 90 days. If not paid within such 90 days, the County Auditor shall include such deferred special assessments plus a 10% penalty on the tax list for the current year. Simply partitioning the property, however, does not appear to disqualify the Green Acres status. 2. I asked how the assessments would be paid if payment is intended to be made and it's my understanding that the assessments would be paid in full, at least for assessments due up to the date of the sale. Interest at the rate of 8%, of course, would be included back to the time of the last payment. The Eagan City Council January 3, 1978 Page 2. 3. I do not have a valuation of the property, but if the 52 acre parcel acquires all of the assessments and I understand there are approximately $52,000 in unpaid assessments, the assessment rate would be $1,000 plus per acre and the land should easily exceed that in value. 4. I also asked why the City had not been named a party in the lawsuit because it potentially would be impacted by the shift in assessments. Mr. Grannis' office was not involved in the lawsuit, but three other attorneys were involved with various members of the family. I understand that the assessment decision was made at the time of trial. I would conclude that the City Council could refuse to shift the assessment on the theory that the 52 acre parcel is not the only land that is benefited by the assessment. Whether a mandatory injunction action brought to force the Council to shift assessments would be successful would be somewhat con- jectural. However, there should be no do.nger with the assessments not being paid because under the new tax forfeiture statute, the City can reassess land for the unpaid assessments after the land has been forfeited for taxes. r,• PHH:me enc. Ve truly yours, 6,y Paul H. Hauge DA,III L. C.RANNIR - 1907-1J(i1 LAW OFFICES OF GRANNIS & GRANNIS PROPFSSIONAI. ASSOCIATION 403 NORTHWESTERN NATIONAL BANK BUILDING 161 NORTH CONCORD STRFFf SOUTH ST. PAUL, MINNESOTA 55075 December 29, 1977 Mr. Paul H. I-Iauge .I.Iauge & IIoey, P.A. Attorneys at Law 3908 Sibley Memorial Highway Eagan, IN 55122 Re: Estate of Ray Raymond --City of Eagan Assessment Reallocation Dear Paul: TELEPHONE: AREA CODE 612 166- 1661 I will try to briefly set forth the information re- quested•in your letter of December_ 23, 1977 in connection with the above matter. The original parcel of land was divided pursuant to a Court ordered partition of the property. The partition was made as a result of a report by the three appraisers who were Court appointed. Inl making the division of the property the appraisers appar- ently believe that most of the benefit, if not all of the benefit, from the improvements along Elrene Road went to the larger 52.75 hundredth acre parcel. In deciding how much property should be placed in the other two parcels, the appraisers took into' consideration the fact that all of the assessments were being allocated to the 52 acre parcel. I am enclosing a map on which I have sketched the three parcels. At the present time all of the pro- perty except the 11 acre parcel of Melvin Braun is listed with a realtor for sale. It appears that the 18 acres in the Ray Raymond estate will be sold in the near future unless there is a problem in connection with the reallo- cation of the assessments. The 52 acres against which the assessments will remain has more than enough value so that the City of Eagan should be protected. . If and when the property is successfully sold, the assessments would be paid. I hope that this will assist Mr. Paul Hauge December 29, 1977 Page 2 you,in advising the Eagan City Counsel. If I can furnish any additional information, please let me know. Very truly yours, GRANNIS & GRANNI/S BY: VBGjr/dt Enclosure Vance B. Grannis, Jr. \:. 4. H LLS .. G.) ..s.;.:, \I . . .- 0 . ; .. c te „ 1 : -. ..., ! •: :. '''',...... ... ...?...;. t•• : •,,,,L. • Z .1) • C • ; : r, t t• -•.'l 0 ii7r7.- • . h : : : i: • , - - •. -. ... •VI• ELRENE ACIO • • _ dit.• a ; c L 1 hAD r '".�.\A /35.55 /25 0 • �4>o 33 P- O 0 tcliA 14 EXEPT/Oil 5 (-ALE' / I,t/C/,N = /000Et" T 0 -. Leos/ oipg. CA:7r167247/ d6 Pou/6ie EA-5EinEA' r / 1 / j 34) /, / 4, — `-`-i� CGI F6 20 40 /2/4) - t 0I 1\ I I } CLIFF ----• /3/9,75 --- o� 6410.0 •-• SURIVEY FOR: R: CAR LSO N- T I L SE N �6 0 h Lb t 25 t �- soorN ,c/A' 51r1 -2 - 7:2 5Gv DELMAR H. SCHWANZ LAND SURVEYOR Pegffteret3 Under Laws ©t Tne State o, M.nnesota • 100% MAIN STREET P.O BOX M • ROSEMOUNT, MINNESOTA 55068 c 25 3 c)c, �QL�G1 C� r•N O---- O ,o ..-• 525,0 - � i /r 1// ,?? +C/12hhTI/1 ,44 /, i u� 49 v' ,e z . NG , 8625 `'• • PHONE 612 423-1769 1 SURVEYOR'S CERTIFICATE Ili' 10u_r.c-c sup vE V ion NN // N • 0 /), .O (v °OHO .00 'ham 0 ° • tiA • • • C • • (....//6)\ 2S• /'51/ /<\ Oo r N N g0 Fq Ofi N • O • • • 78.06 • k —;,.- `—� L— ---445.30— S89°59'3 206.17 / • 0 T 14 PARCEL 147,854 SQ. FT \ \\goo / / l 5 N • it V) A i /7/ 0 v 4) 1 0 cr t— 1 • Lb V L_ _v- 1/4 i d L. RAUENHORST DEVELOPMENT CORPORATION r • /N\ SCALE I INCH = 40 FEET ` enotes iron monument • • ♦ hereby certify that this is a true Lot 14, Block 7. LI(aANPiiLE ,ENT and recorded lr the office of t the northwesterly 60 feet there of said Lot 14.) ana EXCEPT tho westerly 0f,. <<<_; .;t ,i t at the most s) tthr, ly corner ul easterly Line of soil Lott 14 a anti correct rep I eSe tat t 0 i 0r a S I 're'y 1 F;S 0 ER INDUSTRIAL PARK, raccorclirtg to trtr' he 4F //.stro;r- of Title.' of (.s rne.surea ut rihht ��!0to t part of said Lot 14 1"It ecsterl1' of l ne r said Lot 14 • thence dl.:.t., of "7.45 l n r t,,t is ter l enC%' 1.102t ([i u ai.qunce of 507.44 feet along u (.; Lie concave to the rti�est F,� ,l II 0 Cidius of 67?. fit tic pc<<,;.i through a lioint in the northerly line of suia Lot 14 faint i t} easterly of the northwest corner of said Lot 14 meusred aloe' ;.air norther,: ,t and there terminating, Subject to a railroad spur track easement described a5 lying soul e/r tt:7 /'v following described line commencing at the most s _ Fr n- of ;uia Lot 14: thence northwesterly along the southwesterly line o' sat;: Lot 14 a distance of'25 feet 'to the point of beginning of the line to be describe: thence northeasterly deflect- ing to the right' 98° 2 distance of 110.0 feet and there terminating and of the location of all buildings thereon, and all visible encroachments, if any, from or on said land. As survey°d by me, this 13th day of March, 1973. REVISED MARCH 19, 1973 TO SHOW AREA. Arvid R. 9bdin Land Surveyor Minn. Reis. No. 9396 HARRY S. JOHNSON LAID SURVEYORS INC. 9001 BLOOMINGTON FREEWAY (35W) MINNEAPOLIS, MINNESOTA 55420 PHONE 884-5341 12567 r—Z _'>7I0 sup vS V R)12 0 600 o 9ti N Now 0 10� I // lc v ~ I i)PNL / 0 T I 4 •, ., / I 0 .0 ,� �v o�Co`00 0) O y go� � 2 c ti� Di '••,F_ `-I ---445.30- S89°59'3 206.17 ON ,,pK/ /1/Q v q /. Fc ti N Sl, Ns /T /N SO° )-- N /52',NI`N N P A • ,00 Co ov' / N.• RAUENHORST DEVELOPMENT CORPORATION 1/4 PAR C E L • 46,609 SQ. FT. 4 hereby certify that this is , true and correct representation of survey of the boundaries of That pert of Lot 14, Rlsc., 7, EAGANDALE CENTER INDUSTRIAL PARK, accord- ing to the j'u.t il'r :of f l:ed C4nd recorded in the office of the Registrar of Titles Dakot,: County. t. innesotu, lying easterly of a line 10 feet westerly of, ,,,e.srnred at right angles to and parallel 1,ith a line des- cribed as beginning at the ;.lost s000therly corner of said Lot, 14; thence northeasterly _:<long the southe._�sterly line o f said Lot 14 a distance of 97.45 feet; thence northerly aistnnce of 507.44 feet. a curvf, concave to the : est having a radius of 672.0 feet and *gassing through a point in the northerly line of said -Lot 14 said point being 284.23 feet easterly of the northwest corner of said Lo; 14 as /ensured alone; said northerly time and there terminatin,, SCAL '0' De and of the location of all bui Id ing.s thereon, and al I v is iifl e encroachments, i f from pr on said land. As surveyed by me this 13th Gay of March, 1973. REVISED MARCH 19, 1973 TO SHOW AREA. E I INCH = 40 FEET notes iron monument 2_ t13 e-liak Arvid T. Bodin Land Surveyor Minn_ Reg. No. 939E HARRY S. JOHNSON LAND SURVEYORS INC. 9001 BLOOMINGTON FREEWAY (35W) MINNEAPOLIS, MINNESOTA 55420 PHONE 884-5341 suRvey 3012 • / cbDc •�i A°D. o 0/ moo st4\ss,4444: s\,442., NN r/ L/ N Ni S0° ' } N 00'i SF,/i N C `� N P 440 78.06 i • I •` • ` OEM • 00 ot%co / co ♦J \• — — — 4 45.30— S 89°59 ' 37" W 206.17 0 T 14 N. I /-1 1 ': t_ L_ Ne v I � I I•. 1/4 SCALE I INCH = 40 FEET 'c` Denotes iron monument RAUENHORST DEVELOPMENT CORPORATION L hereby certify that this is a true and correct representation of a survey of the boundaries of That part of Lot 14, Block 7, EAGANDALE CENTER INDUSTRIAL PARK, accord— ing to the plat the;-eof filed and recorded in the office of the Registrar of Titles Dakota County. Minnesota, lying easterly of a Line 10 feet westerly of, measured at right angles to and parallel :ith a line des— cribed as beginning at the most southerly corner- of said Lot 14; thence northeasterly along the southeasterly line of said Lot 14 a distance of 97.45 feet; thence northerly a,d.istance of 507.44 feet along u curve concave to the est having a radius of 672.0 feet and passing through a point in the northerly tin"e of said Lot 14 said point being 284.23 feet easterly of the forthwest corner of said Lot 14 as measured along said northerly file and there terminating, and of the location of all buildings thereon, and,all visible encroachments, if any, from pr on said land. As surveyed by me this 13th day of Mardi, 1973. a-. Arvid T. Rodin Land Surveyor Minn, Reg. No. 93P • HARRY S. JOHNSON LAND SURVEYORS INC. 9001 BLOOMINGTON FREEWAY (35W) MINNEAPOLIS, MINNESOTA 55420 PHONE 884-5341 12567 1-3-2719 suR1181/ OR N • A, otx 0 lc X 0) eN // C) N O 78.06 L_ ,4 ii o or- ---445.30— S89°593 206.17 0 T 14 PARC E L 0 J RAUENHORST DEVELOPMENT CORPORATION, 2 X \N I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 14, Block 7, EAGANDALE CENTER INDUSTRIAL PARK, according to the plat thereof filed and recorded in the office of the Registrar of Titles, Dakota County, Minnesota, EXCEPT the northwesterly 60 feet thereof (as measured at right angles to the nor'thUestei'ly line, of said Lot 14,) and EXCEPT that part of said Lot 14 lying easterly of d line 10 feet westerly of,measured at i'i "t angles to utid parallel ith a line described as beginning at the most southerly corner of said Lot 14; thence northeasterly along the south— easterly line of said Lot 14 a distance of 97.45 feet: thence northerly a distance of 507.44 feet along a curve concave to the west having a radius of 672.0 feet and passing through a point in the northerly line of said Lot 14 said point being 284.23 feet easterly of the northwest 6o; ner of said Lot 14 as measur,d along said northerly line and there terminating, Subject to a railroad spur track easement described as lying southeasterly of the following described line commencing at the most southerly con-r of said Lot 14; thence northwesterly along the southwesterly line of said Lot 14 a distance of'25 feet to the point of beginning of the line to be described; thence northeasterly deflect— ing to the right 98° 2 distance of 110.0 feet and there terminating and of the location of all buildings thereon, and all visible encroachments, if any, from or on said land. As surveyQd by rye, this 13th day of March, 1973. Arvid R, Bbdin Land Surveyor Minn. Reg. No. 9396 N • \ 0 N N -4q0 N / .o z N o0 N ,, 4 A A ILh SCALE I INCH = 40 FEET ''o` Denotes iron monument HARRY S. JOHNSON LAND SURVEYORS INC. 9001 BLOOMINGTON FREEWAY (35W) MINNEAPOLIS, MINNESOTA 55420 PHONE 884-5341 12567 HAUGE & HOEY, P.A. Attorneys at. Law 3908 SIF3LEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 January 4,.1978 'Mr_ 'Vance B, Grannis., Jr, . :Attorney at Law .403:Northwestern National Bank Bldg. 161'North Concord Street ' . South St. Paul, Minnesota 55075 Estate of Ray Raymond - City of Eagan Assessment Reallocation • Area Cone 612 • Telephone 4 4-422- Dear Vance: . I .reviewed with the Council your letter of December 29th concerning the Court ;ordered reallocation of assessments on the Braun property on Highway No. 49. .,The Council did have a number of additional questions that they felt were nOt: "adequately answered and perhaps you can go into some additional detail con- cerning them. 1. In my letter to you of December 23rd, I asked whether, in your opinion, .at the time of partition the Green Acres classification is no longer valid and whether the assessments would then be paid in full on all of the partitioned property. 2. I indicated to the Council .that it's my understanding that at the time of sale of the property that assessments..cover.ing the property must then be paid in full and that interest retroactive to the time of the original assess- ment would be paid by the owners, together with the assessment. 3. The most important question that has arisen, though, is the question 'of.benefits. Obviously the assessments, if transferred to parcel 1 only, were intended to cover all three parcels originally, which I understand is still one single parcel on the tax rolls. Eagan has, in isolated cases where there has'.been a shifting of assessments, required signed waivers of the normal lcrcal assessment statutory procedures from the affected property owners, and perhaps you would outline whether you think this would be possible in the case of the •'..Br-aun ewners.. 4. .In addition, you mentioned in your letter ofDecember nth that 'if and 'When .the property is sold;. the assessments would be paid. I assume you mean •.tha.t.only. the 'delinquent' assessments. and interest would be paid and' it may he. ',:hat the'.buyer would simply assume the future assessments. Perhaps you would :elaborate. on this. I.expect that the Council will again discuss the issue at its meeting on January . f'17th::and if.yOu.'or someone representing the owners would like to get on the agenda, :you cruldeither let me know .or Tom Hedges, the City Administrator, and this .could: be arranged. 3.1 err t1 uiy. yo trs •ley aul H. Hauge DAvio L. GRANNIS - 1907-1961 - VANCE B. GRANNIS • DAe1D L. GRANNIS. JR.. VANCE B. GHANNIS. JR. .TIIU\IAS J: CAAIPNELL ?Al HWI( A. FARREI.1. DAviD L: GRANNIS III 'ROGIJI N. KNUTSON ."ROH[RT R. JiING. JR. KATHLEEN J. SAIFm Mr. Paul H. Hauge ,Hauge & Hoey, P.A. 3908 Sibley Memorial Highway Eagan, Minnesota .55122 Re: Estate of Ray Raymond - City Reallocation LAW OFFICES OF GRANNIS & GRANNIS PROFESSIONAL ASSOCIATION 40.1 NORTHWFSTKRN NATIONAL BANE BUILDING 161 NORTH CONCORD STREET SOUTH ST. PAUL, MINNESOTA 55075 January 6, 1978 Dear Paul: of Eagan TELEPHONE AREA CODE 612 455-1661 Assessment. I will try to answer your. questions in the order in which ;they appear in your letter. 1.• As to the matter of Green Acres classification, .it is my understanding that the partition action will not affect the Green Acres.classification.because the property remains in the family. Even if, for some reason, the property should fail to . ..qualify for Green Acres, the Browns are not in a position to pay the assessments until the property is sold. Once the property is sold it would, of course, lose its. Green Acres classification. 2. *Once the property is sold and it no' longer qualifies; for Green Acres, the assessments.up to that date must be paid in full with interest retroactive to the original assessments. There- fore, I agree with what you advise the Council on this matter. 3. As I previously indicated, the benefits were determined on the reallocation and the partition action by court appointed appraisers and approved by a Judge of the District Court. 'No appeal has been taken from the judgment in the partition action, therefore I believe.it is binding on all of the heirs, and Eagan would have no problem because of the shift of assessments. However, if you still believe that waivers are necessary, if you will send me the .form which you have used in the past, I will attempt to obtain the necessary signatures of the owners of the property. 34 Mr.• Paul H. Hauge January 6, 1978 Page' Two 4. If the property is sold, at least the delinquent assessments and interest would be paid. Depending on the terms of the sale the future assessments may or may not be paid, however, it is my assumption at the present time that all assessments would be paid at the time of the sale, but this.will depend on the partic- ular negotiations that are entered into with prospective buyers. Please let me know, in view of the above answers to your questions, whether you believe it would be necessary for.anyone representing the owners to appear at the January 17th meeting. It would seem to me that it really would not be. necessary and that the Council could act on the basis of the information contained in this ,letter and our previous'correspondence. cc: Mr.Thomas Hedges 17 City Administrator _Eagan Very truly yours, GRANNIS & GRANIIS BY: Vance B. Grannis, Jr.' rAS HAUGE & HOEY, P.A. Attorneys at Law 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 e PAUL H. HAUGE GEORGE H. HOEY June 8, 1977 Mr. Warren Eastlund Attorney -at -Law 1702 Midwest Plaza Building Minneapolis, MN 55402 RE: Cedar Grove Baptist Church - City of Eagan Assessment Appeal Dear Mr. Eastlund: Area Code 612 Telephone 454-4224 The Eagan City Council on June 7th, 1977 acted on the recommendation of the Assessment Committee with the following proposal in order to settle the assessment appeal being brought by Cedar Grove Baptist Church concerning the 1976 assessments. I explained to you that the following assessments have been assessed against the property: Sewer lateral for Rahn Road, 265 feet at $8.00 a front foot totaling $2,120; Water lateral for Rahn Road, 265 feet and County Road 4#30 - 559.20 feet totaling 824.20 feet with a corner lot allowance of 150 feet and street allowance of 30 feet totaling 674.20 feet at $6.20 per foot for a total cost of $4,180.04; Water area at $300 per acre for 3.4 acres or. $1,020. Total assessment - Vs320.04 It is my understanding that the objection of the church was that it was being assessed for water lateral purposes both on Rahn Road and County Road #i30. The Council adopted the recommendation of the Assessment Committee to provide that the assessment for Public Facility type use on the corner be based on the long side for lateral purposes less the street allowance and that the short side be given a credit of double the normal 150 feet corner lot allowance for a total of 300 feet or the length of the short side whichever is less. This would mean that the water lateral assessments would be assessed as follows: County Road 4#30 - 559.20 feet 33.00 feet for street allowance 526.20 feet There would then be no assessment on the Rahn Road side. It is my understanding that the Church Board has approved the proposal and has agreed to the dismissal. If so, please sign the original and copy of the Stipu- lation of Dismissal that I am enclosing and return it to me and I will file the original with the Clerk of District Court. Thank you for your assistance. Very truly yours, PHH:kk Paul H. Hauge cc: Alyce Bolke, Clerk/ PAUL H. HAUGE GEORGE H. HOEY PAUL M.TATONE HAUGE & HOEY, P.A. Attorneys at Law 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 April 2, 1976 TO: Alyce Bolke, Robert Rosene, Roger Katzenmeier FROM: Paul H. Hauge RE: Storm Sewer and Water Area Assessments Area Code 612 Telephone 454-4224 This memorandum is a summary of what I understood was our discussion between Alyce Bolke, Robert Rosene, Roger Katzenmeier and myself at the City Hall on April 1, 1976. 1. The problem that has arisen relates both to proposed storm sewer assess- ments and construction and the water area assessments program slated for 1976. In the case of the storm sewer, it is anticipated that a relatively small amount of storm sewer lines will be installed in 1976 with the area benefited and the total amount of the assessments exceeding the amount of the project cost. In the case of industrial land, earlier projects for installation of water main have been paid through connection charges on ind•us:trial land for supply, storage and main oversizing and residential land for oversizing only. It was anticipated that in the case of residential property that connection charges later would pick up the supply and storage costs. In a few cases primarily dealing with industrial land there have been assessments for connection charges but only upon special request and permission from the Council. 2. The problem revolves around whether the assessments as they are levied and become paid must go into the consolidated debt service fund set up by Ordinance and can only be used and pledged for the retirement of existing bonds. The sewer and water utility fund has been made up of connection charges and service charges through the years. The question arises as to how to finance, e.g., additional storm sewer projects from funds assessed and paid at the present time and in addition how to pay for future water mains to be installed in areas intended to be assessed in 1976. 3. There was a suggestion that benefited areas be assessed at the present time and that money be borrowed for construction from the sewer and water utility fund and in turn use debt service money funds to reimburse utility funds for the construction work. 4. The next possibility would be to divide the assessments as follows: a. Those pledged to the retirement of bonds and paid into the consolidated debt service fund. b. Those pledged to the utility fund to be used for future construction. 5. In an area where either a storm sewer or water trunk will be installed in the future, exclude enough land to satisfy the expected project cost for the installation of the trunks and assess the benefited area at the present time where no additional trunks are anticipated including those that have access to existing trunks. TO: Alyce Bolke, Robert Rosene, Roger Katzenmeier FROM: Paul H. Hauge DATE: April 2, 1976 RE: Storm Sewer and Water Area Assessments a. The area assessed would include, e.g. future right-of-way for I35E. b. The required 20% of the cost of each future project could be assessed which funds could be placed in the debt service fund where there are sufficient funds from earlier assessments to cover the balance of the cost of the project. c. This means that the area excluded could not prepay the assessments which of course is one of the objectives of the water area assessment to permit prepayment at the 1975 rates. 6. It is suggested that the water area assessments be on a 15 year basis. 7. It was also suggested that the interest be deferred to September 1, 1976 or that the council not approve the assessment roll until September 1st to avoid the owners first year interest from being excessively high. 8. The possibility of borrowing from the utility fund could also be checked. PAUL H. HAUGE GEORGE H. HOEY Mrs. Alyce Bolke, Clerk City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 HAUGE & HOEY, P.A. Attorneys at Law 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 June 24, 1975 Area Code 612 Telephone 454-4224 Re: Protecting Eagan's Assessments during the sale of tax forfeited land Dear Mrs. Bolke: Issue: There is land in Eagan which has been forfeited to the State for non-payment of taxes. The land currently has outstanding assessments of $3,000.00; the County has appraised the land at $1,600.00. The issue is whether Eagan can recover the value of the assessments from the sale. First we must look at the date of the assessments. Under M.S.A.§282.01, the key date is the date of tax forfeiture. If the property was assessed prior to being tax forfeited to the State, the assessment is cancelled. This is so because property owned by the State is not subject to a lien for local improvements (M.S.A.§ Foster v Duluth, 120 Minn 484). This is also consistent with the purpose of §282.01 et seq, ie, to en- courage the return of tax forfeited land to private ownership. Since such land must be conveyed to a.purchaser by the State, the State when- ever possible should hold the property free of all encumbrances. Further- more, M.S.A.§282.07 dictates this result by requiring the County Auditor immediately after forfeiture to cancel all special assessments, delinquent or otherwise. Therefore, the City will be unable to collect any assess- ments which had been levied prior to the tax forfeiture. The legislature however, has made a.statutory exception for assessments levied after the tax forfeiture. M.S.A.§282.01(3) reads: Also If any public improvement is made...after any parcel of land has been forfeited to the State for non-payment of taxes...the cost of such improvement shall be included as a separate item and added to the appraised value... 9,..no sale of any such parcel of land shall have any effect what- ever to discharge or free such parcel of land from lien for special__ benefit...until the cost thereof,. including penalties, if any, shall be paid. Therefore, the City will be able to recover any special assessmentlevied after the tax forfeiture. Mrs. Alyce -Bolke, Clerk - page 2. The way these assessments are recouped is through the division of the proceeds of such a sale. M.S.A.§282.08 specifies that the net proceeds of the sale shall be apportioned to 1) Amount of public improvements assessed after forfeiture. 2) Any remaining funds are apportioned to special assessments chargeable against the property whether due or deferred at the time of forfeiture. Consequently, the municipality is not entirely deprived of the amount of the special assessments levied before the forefeiture. However, this is of little consequence to us because the appraised value is less than the amount of these assessments. Therefore, there appears to be no way that the City can recover these assessments. The Attorney General on two occasions has stated that reinstatement of lost assessments on the subsequent purchaser is clearly erroneous.• OAG, 1940, #296, p. 379; OAG, 1942, #309, p. 439. In'-Fortman v.Mp1s., 4 NW2 349 (1942), the City of Minneapolis- tried to.reinstate-a lost assessment by requiring the subsequent purchaser to pay the amount of the assessment lost.as a prerequisite for connecting to city water and.sewer. The Supreme Court held that such a charge, in .order to recoup its losses, violated the provision of the'prede- cessor of the.current §282.01. In effect the Court•held thata city could not re -encumber property which by the provisions of.§282.01has been purged of its liability for taxes. Therefore, I.feel your proposal to recoup the City's losses at the time of issuance of a. building permit would also be invalid for the reasons stated in Fortman. Very truly yours, HOEY, P.A. Paul H. Hauge PHH:me LAW OFFICES LUTHER M. STALLAND SUITE 2340, RAND TowER MINNEAPOras S, MTNNESOTA PAUL Ii. HAUOE Honorable Robert W. Mattson Attorney General State of Minnesota State Capitol St. Paul, Minnesota 55101 Dear Mr. Mattson: May 9, 1966 the board of Supervisors of Eagan Township, Dakota County, Minnesota (a metropolitan township with certain village powers under M. S. A.. Sec. 360.01 et seq) recently adopted a resolution creating a five man assessment committee for the purpose of preparing and approving assessment rolls pursuant to proceedings under M. S. A. Section 429.021 et seq. The resolution further provides that the town engineer and the town attorney shall be ex-officio members of this committee and that the three regular members shall be appointed by the Board of Supervisors, one of whom shall be a member of the Board of Supervisors, one of whom shall be a member of the township's Advisory Planning Committee and the third member to be a lay resident of the township. With prospects for extensive sewer, water and other public utilities being installed during the coming years and anticipating that this assessment committee will be required to spend considerable time in its work, the following question is herewith submitted to you: Does the Board of Supervisors of Eagan Township have the authority to pay a per diem stipend or hourly rate to the three regular members of the assessment committed for their work on this committee; and, if so, is there any limitation on the amount that can be paid as long as it is reasonable? Yours very truly, LMS:daw Luther M. Stalland Eagan Township Attorney