1310 Cliff Rd - Project 767r city oF eagan
?
PATRICIA E AWADA
July 9, 1999 "1°YO`
PAULBAKKEN
Don Larsen
r
M BEA BLOM9UIST
. PEGGV A. CARLSON
Parkview Golf Course SANDRA A. MASIN
%1310 Cliff-Road '? Council Members
? Eagan, MN 55122 THOMAS HEOGFS
GN Administtaror
Re: Sanitary Sewer Eztension - Parkview Golf Course E. J. vnN ovEaeErce
City Project No. 767 ci,vclark
Dear Mr. Larsen:
This letter is regazding the options available for providing sanitary sewer disposal as it
relates to your new clubhouse building at Parkview. City staff has been working with Mr.
Chuck Hall on your behalf in an attempt to come to a resolution to this situation. It is our
understanding that Mr. Hall no longer represents you, so we thought it best to correspond
directly with you.
Currently, you are hiring a disposal company to pump sewage from a holding tank
manhole constructed by you under the building permit for the new clubhouse. We feel
that there are three options to consider for permanent sewage disposal:
l. Extend a sanitary sewer across Cliff Road at this time. Upon receipt of a petition from
you, City staff solicited prices to construct the sanitary sewer across Cliff Road from
utility contractors with whom we have open construction contracts. Ryan Contracting
quoted us the lowest price to perform this work. As you are aware, this construction
would involve the open cutting and restoration of Cliff Road as well as traffic control
during construction. The price quoted to us from Ryan was $26,310. The advantages
to this option include the elimination of pumping sewage altogether, and a permanent
sewage disposal system wouid be in place that would last for many years to come.
Through Chuck Hall, we were informed that the cost of this option was not
acceptable to you. However, this option is still available.
2. Extend the sanitarv sewer across Cliff Road at the time of its u ep, rade• Sanitary sewer
would be extended across Cliff Road when it is upgraded; now tentatively scheduled
for the 2000-construction season. This would eliminate the need for the patch
restoration and traf'fic control on Cliff Road. However, it would still necessitate
pumping of the holding tank manhole until the sewer is extended across Cliff Road,
now estimated to be about 14-16 months from now. Please be awaze that, in
conjunction with the Cliff roadway project, this sanitary sewer will be constructed
across Cliff Road and proposed to be assessed to your property if it is not
constructed during this construction season.
MUNICIPAL CENiER THE IONE OAK TREE MAINTENANCE FACILITV
JBJO PILOi KNOB ROAD THE SYMBOI OF STRENGiH AND GROWTH IN OUR COMMUNIN
EAGAN. MINNESOLA 55122-1897 ., 350? COACHMAN POINi
EAGAN, MINNESOTA 55122
PHONE. (651) 681-4600 PMONE: (651) 681 -dJ00
FAX.(651)681-4512 EqUalOppOrtUnityEmplOyer FAX (651) 681-4360
TDO (651)454-8575 TGD (651) 454-8575
3. Construct a private se tp ic system on site. This option is least desirable because it
would not provide a permanent solution to the sewage disposal, as a septic system
would likely need to be replaced in 20-25 years. Also, the sanitary sewer could
provide service to a larger azea in the event you ever re-develop your property into
another use.
Please contact us ai your eazliest convenience so we can arrange a meeting to discuss a
workable solution.
Sincerely,
? ?
7ohn Gorder
Design/ Development Engineer
C: Tom Colbert, Director of Public Works
Russ Matthys, City Engineer
Doug Reid, Chief Building Official
Stan Lexvold, Construction Supervisor
Chuck Hail, C. Hall Company
RECEIVED
AUG 0 4 igg?
FREDRIKSON & BYRON, P.A.
Attorneys At Luw
August 2, 1999
John Gorder, P.E.
Engineering Division
Department of Public Works,
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re: Parkview Golf Club
Deaz 7ohn:
1100 Internu[ional Ccncrc
900 SeconJ Avenue Soueh
Minneapnlis, MN 55402-3397
(6L2) 347-7000
rnx (biz) 347-7077
Direct Dial No
(612) 347-7046
hvind@fredlaw com
Thank you for meeting with me last week. The purpose of this letter is to suminarize the
issues we discussed and to propose a solution that I believe benefits both the City and Parkview
Golf Club.
First, we discussed the options available with respect to Pazkview's sewage disposal. As
I indicated, I do not believe Pazkview can be required to connect to the Metropolitan system
given that there is currently no manhole on the south side of Cliff Road to make Pazkview's
connection reasonable. Pazkview is not willing to pay the enYire cost of extending the sanitary
sewer line across Cliff Road. Moreover, we believe that it would be vastly more efficient to
extend the sewer line across Cliff koad iY and when the road is expanded.
The issue, then, is what Pazkview does in the meantime. Pazkview is willing to continue
pumping the sewage as it currently is for the remainder of this golf season. However, Parkview
does not want to continue pumping through next season. Accordingly, Pazkview wishes to
construct a private septic system on site but, as we discussed, there must be a sufficient time
before Parkview will be required to connect to the Metropolitan system, to justify the investment.
Second, we discussed the road expansion/condemnation issue. The City has apparently
already acquired an easement over a portion of Parkview's property needed for construction of
the road. According to the preliminary plans for Cliff Road, however, it appeazs the City will
need additional easement(s) from Pazkview and/or pon and Ann Larsen. Parkview and/or the
FRIiDR[KSON 6; I3YRON, 1'A.
Atmrneys At L.nw
John Gorder, P.E.
August 2, 1999
Page 2
Lazsens aze willing to provide the additional easement(s) to you and to forego their rights in the
condemnation process as part of an overall agreement with the City.
In order to address both of the above issues, we propose the following:
1. Seotic System. Pazkview will be permitted to construct an appropriately sized
and designed private septic system, at its own cost. The City will not require
connection to the Metropolitan system, even if a manhole is placed on the south
side of Cliff Road making connection more readily available, until the earlier of:
20 yeazs from installation of the private septic system; or
development of the proper[y into a use other than a golf course; or
Substantial modification to the existing clubhouse.
2. $AC Charges. Because there will be no connection to the Metropolitan system,
Pazkview should not have to pay any SAC charges. Accordingly, all SAC chazges
already paid to the City by Pazkview and/or the Larsens must be refunded. In
addition, the parties will jointly request from the Metropolitan Council a refund of
all SAC chazges paid. The City shall defer any assessment or charge related to the
sewer system until the triggering event in #1 above occurs.
Parkview and/or the Larsens will provide the City with necessary temporary
construction easements to permit the City to complete expansion of Cliff Road
without the necessity of condemning property belonging to either Parkview or the
Larsens. Furthermore, except as provided in pazagraph 4 below, the Larsens will
forego any further condemnation damages to which they mieht othenvise be
entitled. Condemnation Damages. Parkview and the Larsens have worked cooperatively
with the City to redesign certain portions of Pazkview Golf Course to minimize
the negative effects of the planned expansion of Cliff Road. The City recognizes
that the costs of such redesign and modification are compensable to Parkview
and/or the Larsens. However, since there will be no condemnation proceeding,
Pazkview will provide an itemized list of such expenses incurred and the parties
will agree on the amount to be paid before the City commences the expansion of
Cliff Road.
FREDRIKSON & BYRON, P.A.
Atrorneys At Law
John Gorder, P.E.
August 2, 1999
Page 3
5. Parking Lot. The pazking lot is on land owned by Don and Ann Lazsen. In
exchange for the Lazsens' commitment to provide easements to the City and to
forego any further condemnation damages, the City will waive the current set-
back and other requirements for pazking lots so that the existing lot will be a legal
non-conforming lot. The Lazsens understand that the City does not have the
authority to waive the alignment (of the entrance to the parking lot with the
entrance to the subdivision across Cliff Road) issue but the Ciry will work with
the Latsens in requesting such waiver from the county.
7ohn, I appreciate your consideration of these issues. I believe the above agreement
benefits both parties by providing certainty on important issues. The parties will be able to act in
an economical, rational and planned manner. I hope the City will respond favorably to this
proposal and that we can finalize out agreement.
If you have any questions about the agreement or anything else, please cali me.
Sincerely,
?
Todd Wind
T W/dlo/zzss7os-4t ae7n
cc: Don Larsen
city oF eagan
PATRICIA E AWADA
Moyor
September 1, 1999
Mr. Todd Wind
Fredrickson & Byron, P.A.
Attorneys at Law
1100 International Centre
900 Second Avenue South
Minneapolis, MN 55402-3397
Re: Parkview Golf Club
Deaz Todd:
PAULBAKKEN
BEA BLOMQUIST
PEGGY A CARLSON
SANDRA A MASIN
Counal Members
THOMAS HEGGES
Qty Administratcr
E J VAN OVERBEKE
Gty Clerk
Thank you for your correspondence on the issues we discussed in our meeting July 27
regarding Parkview Golf Club's sewage disposal situation and the future Cliff Road
upgrade project. We've had a chance as City staff to meet and discuss the points and
issues addressed in your letter.
9 #1 - As discussed, the City is willing to allow a properly designed septic system to be
constructed and remain in place, until the earlier of the following.
a) Fifteen years from installation (revised from your proposal of 20
years)
b) Development of the property into a use other than a golf course
c) Substantial modification of the clubhouse
42 - The City completely agrees with Point #2 regarding the SAC charges. They
should be refunded if Parkview is not connected to the City's sewer system. The City
will request a refund from the Metropolitan Council upon the completion of an
agreement with Parkview Golf Club. SAC charges would be payable upon connection
to the system at some time in the £uture.
#3 - In exchange for allowance of a septic system, the Larsens would provide the City
and Dakota County with all necessary temporary and permaneni right-of-way
easements for the reconstnxction upgrade of Cliff Road. Your letter failed to mention
permanent easements for the roadway.
An important issue overlooked in your letter, but discussed at our meeting of the 27b,
is that of property assessments associated with the Cliff Road project. As part of this
agreement, the Larsens would agree to waive their rights to appeal the assessments
associated with the road upgrade project, including but not limited to, street and
MUNICIPAL CENiER THE LONE OAK TREE MAINTENANCE FACILITY
3830 PilOi KNOe aOnO THE SVMBOL OF STRENGTH AND GROWrH IN OUR COMMUNIN 3501 COACHMAN PO?Ni
4 55122
MINNESOT
EAGAN
EAGAN, MINNESOTA 55122-1877 .
,
PHpNE (651) 6814600 PHONE (651) 601-4300
Fnx (651)681-4612 EqualOppodunityEmployer FA)c.(65t)bet-4360
TDD (651) 454-8535 1 WWW.C1lyofeagdnCOm TDD (651)454-8575
utility assessments. City staff would support the deferral o£ these assessments for a
period of 15 years with payment over a period of 15 years beyond the deferment. Of
course, the deferment would not apply if one of the events (redevelopment of the
property or substantial modification to the clubhouse) mentioned above were to
occur. Again, this is an important issue to the City as part of this agreement.
•#4 - The City is not agreeable to paying condemnation damages incurred as a part of
redesign and relocation of portions of the golf course in anticipation of the Cliff Road
improvement project. The City did share preliminary Cliff Road design information
regarding the project with the Lazsens for their use in planning the modifications to
the course, but no discussions occurred regarding compensation to the Larsens for
these modifications.
•#5 - The City would look favorably upon ganting a setback variance for the parking
lot due to the road right-of-way easement dedications mentioned above. However, it
is the County's ultimate decision regarding the alignment of the Parkview parking lot
entrance with Dunberry Lane. It is the County's position that the direct alignment is
essential for operation of the roadway. The City will not support the current
alignment of the Parkview driveway as part of the Cliff Road improvements in
opposition to the County due to traffic safety concerns.
This summarizes our position on these matters. Thank you for your effort and
cooperation. Please contact me if you have any questions or comments.
Sincerely,
U John P. Gorder
Design/ Development Engineer
C: Russ Matthys, City Engineer
Doug Reid, Chief Building Official
Dale Schoeppner, Senior Inspector _
Mike Dougherty, City Attorney
CHECK DATE: 08/06/99 CHECK N0: 050281
PAYEE NAMS: PARKVIEW GOLF CLUB LLC
-131 CLIFF ROAD VENDOR CODE: T4629
EAGAN, MN 55123'
INV DATE INVOICE NO DESCRIPTION
---- ACCOUNT PO NO
------------------- AMOUNT
-
08/04/99 NONE035283 --------------------
ADMN FEE ON SAC COLLECTIONS 3446-9001 20.00
08/04/99 NONE035283 MCES SEWER AVAILABILITY CHAR 2275-9220 11980.00
08/04/99 NONE035283 CONNECTION CHARGES-SEWER 3866-9379 200.00
08/04/99 NONE035283 CONNECTION CHARGES-WATER TRM 3868-9220
? 888.00
b
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TOTAL AMOUNT:
3,086.00
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