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1240 Deerwood Dr - Special Assessment Appeal:ity oF eagan MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122•1891 PHONE: (672) 581-4600 FAX: (612) 687-4612 MAINTENANCE FACILfTV 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONf: (612) 681-4300 FAX: (612) 681-4360 THOMASEGAN Moyor January 21, 1992 MS ANNETTE MARGARIT SEVERSON WILCOX & SHELDON PA 600 MIDWAY NATIONAL BANK BLDG 7300 W 147TH ST APPLE VALLEY MN 55124 Re: PTOject 473 Stipulation And Order For Judgemeat Parcel 10-02200-012-86 (Rooney) 5 Parcel 10-02200-011-85 (BBrqin) Dear Annette: PATRICIA AWADA PAMELA McCREA TIM PAWLENTV THEODORE WACHTER Councll MemCera THOMAS HEDGES Clfy Adminlnstrator EUGENE VAN OVERBEKE Clfy clark Enclosed for your files are two original agreements and one copy of a Resolution regarding the above-referenced settlements. You will. note that your signature is needed on the Rooney agreement. Please return a fully-executed copy of these agreements to the City for our files. Thanks, Annette. Sincerely, Jx?dy M.%enkins //Eriginee, ing Secretary Enclosure THE LONE OAK TREE ... THE SYM80L OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity(Atfirmative Action Employer STATE OF MINNESOTA COUNTY OF DAKOTA Thomas R. Bergin, Sr. and LeAnne D. Bergin, Petitioners, v. City of Eagan, A Minnesota Municipai Corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Court File #CO-90-7315 STIPULATION AND ORDER WHEREAS, Petitioners Thomas R. Bergin and LeAnne D. Bergin are the owners of a parcel of land, legally described as: The West One-quarter of the Southeast Quarter of Section 22, Township 27, Range 23, PID No. 10-02200-011-85 ("Subject Property"); and WHEREAS, the Subject Property was assessed by Respondent City of Eagan ("City") on September 19, 1988, in the sum of $3,300.00 for trunk area storm sewer improvement throuqh Public Improvement Project No. 473; and WHEREAS, Petitioners brought an action in District Court appealing the sum of the assessments, known as Thomas B;. Bergin, et al v. Citv of Eaaan, originally Court File No. CO-90-7315, consolidated with Court File Nos. C2-90-7171 and C9-90-7314 pursuant to Court Order dated July 20, 1990; and WHEREAS, the parties have resolved the assessment dispute. . Page Two/STIPULATION AND ORDER - City of Eagan/Bergin NOW, THEREFORE, the parties do hereby enter into the following: 1. The trunk area storm sewer assessment the 5ubject Property in the total sum of $3,300 shall be dismissed by the City. 2. This settlement is made without prejudice to the City's assertion of any rights it may have in the future to claim storm water connection charges against Parcel #10-02200-011-85. The settlement is also without prejudice to Petitioners' right to contest any such storm water connection charges in the event the same are made by the City. 3. The City shall direct the Dakota County Treasurer to recompute Petitioners' real estate tax statement, removing the $3,300.00 assessment. 4. Following execution of this Stipulation, parties agree this action, Court File No. CO-90-7315 shall be dismissed with prejudice. Dated • 1-7 , 1 Dated: I-7 , 1 Dated: 1991. Thomas R. Bergin, . Dated: 111-2, , 1991. APPROVED AS TO FORM: City Attorney 's O ice Dated: 1?-/i ? APPROVED AS TO CONTENT: ? ?„x,?i Public Works DeparYment T Dated : /- 2 - 4 L ORDER FOR JIID(iMENT Based upon the foregoing Stipulation entered into by and between the City of Eagan and Thomas D. Bergin, Sr. and LeAnne D. Bergin; IT IS THEREFORE THE ORDER OF TIiE COURT THAT JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: Dated: JUDGE OF DTSTRICT COURT Z certify that the above constitutes a judgment of the court. JUDGMENT ENTERED AND FILED THIS DAY OF 1991. (SEAL) BY THE COURT ROGER W. SAMES DISTRICT COURT ADMINISTRATOR Deputy RE80LIITION OF CZTY OF EAGAN ADOPTING SSTTLEMENT AGRSEMENT WIiEREAS, Thomas R. Bergin, Sr. and LeAnne D. Bergin are the owners of a parcel of land identified by PID No. 10-02200-011-85 ("SUbject Property"); and WHEREAS, on September 19, 1988, the Subject Property was assessed by the City of Eagan for trunk area storm sewer improvement as part of Public Improvement Project No. 473; and WIiEREAS, Thomas R. Bergin, Sr. and LeAnne D. Bergin brought an action in District Court appealing the sum of the assessments known as Thomas R Berqin Sr v. City of Eaaan, Court File No. CO-90-7315; and WHEREAS, the parties have agreed to settle this dispute accoYding to the terms described in the attached Stipulation for Settlement. NOW THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby adopts the attached Stipulation for Settlement resolving the Bergin Assessment Appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. Attest: ?.._- By: . J. VanOverbeke It • City Clerk R_ STATE OF MINNESOTA COUNTY OF DAKOTA Thomas D. Bergin, Sr. and LeAnne D. Bergin, Petitioners, VS. City of Eagan, Respondent. -O//-85 , , DISTRZCT COURT FIRST JUDICIAL DISTRICT Type of Case: OTHER CIVIL FILE NO. ? PETITION FOR REVIEW OF BPECIAL A66ESSMENT Petitioners respectfully represent and show to the Court that: 2. The Petitioners are the owners of a parcel of land located in the West One Quarter of the Southeast Quarter (W 1/4 of SE 1/4) of Section 22, consisting of approximately 5 acres, and identified as Parcel #011-85 on page 10 of Exhibit 1 which is attached hereto and made a part hereof. II. The assessment adopted as part of Project No. 473 unfairly, illegally, unequally and arbitrarily assesses the property of the Petitioners in violation of the laws and Constitution of the State of Minnesota and the Constitution of the United States. III. The property of the Petitioners received no benefit from the improvements undertaken in Project No. 473. 1 IV. Project 473 included storm sewer installation in three separate areas in Eagan, Evergreen Park, Berry Patch Park, and City Hall. The need these three installations met was, "the construction of trunk storm sewer improvements which are required at this time due to the proposed upgrading of Pilot Knob Road from I-35E to Cliff Road in 1987. The trunk storm sewer improvements are located in 3 different areas along Pilot Knob Road and are included within or adjacent to Evergreen Park, Berry Patch Park and City Hall." (The Pilot Knob upgrading has now occurred.) V. Evergreen Park is a residential addition located in Section 28. Prior to Project No. 473 some of the streets in Evergreen Park Addition were connected to a storm water drainage system which drained into Carlson Lake to the east of Pilot Knob Road in Section 27. This drainage was accomplished through a 27" storm drainage pipe built in the early 1970's when the Wilderness Run Additions were developed in Section 27. Under Project No. 473 the storm water drainage from Evergreen Park Addition was rerouted so as not to be drained through the 27" pipe into Carlson Lake. The purpose of this rerouting was to make available for storm water drainage from Pilot Knob road between Diffley Road and Cliff Road the portion oP the capacity of the 27" pipe that had previously handled the drainage from Evergreen 2 Park Addition. No part of this improvement conferred a special benefit on any property that was assessea under Project No. 473. The City of Eagan incurred a project costs for the Evergreen Park Addition part of Project 473 constructed in Section 28 of approximately $160,000 and assessed no propeties in Section 28 or in Section 27 for Project 473. Sections 27 and 28 are the sections adjacent to Pilot Knob Road between Diffley Road and Cliff Road. VI. Berry Patch Park is located in Section 22. The improvement made in Berry Patch Park as a part of Project No. 473 was the installation of a pipe draining a pond. The pond handles storm water runoff from portions of Hilltop Estates, a platted residential area located in the Southwest Quarter of Section 22. Berry Patch Park is the result of a park dedication to the City of Eagan in connection with the platting of land in the SW quarter of Section 22. The park land consists primarily of a pond and a paved path circling the Pond. This pond is designated as JP-7 in Eagan's comprehensive storm water drainage plan. The paved path, apparently as a result of the elevation at which the path was set, has been subject to flooding. The overflow drained pond JP-7 in Berry Patch Park into Pond JP-8. A pipe was laid draining Pond JP-8 into Pond JP-9. Because of the construction of Pilot Knob Road along the west line of the Southwest quarter of Section 22, Eagan now drains storm water from Pilot Knob Road into a series of Ponds that ultimately drain into Pond JP-7. The 3 purposes served by Project No. 473, as related to,Berry Patch Park, are stated in Eagan's report on Project No. 473 to be, • "Therefore, due to the upgrading of Pilot Knob Road, the proposed development of the unplatted parcels west of Pond JP-7 and the current high water elevation flooding park property and trailways, it is necessary to provide an outlet for Pond JP-7 at this time." VII. The lands upon which assessments were levied by the City of Eagan for Project 473 are all located in Section 22. The approximate amount assessed by the City of Eagan for Project 473 is $200,000 and the approximate cost of the Berry Patch Park part of Project No. 473 is $85,000. The assessment roll does not include any of the land in Hilltop Estates benefited by the improvement. The assessment roll includes the Patrick Eagan Park at $.025 per square foot and includes the remainer of the lands assessed at higher per square foot rates. Many of the parcels assessed, including that of the Petitioners, received no benefit from the Berry Patch Park part of Project No. 473. The installation of the Berry Patch Park outflow into Ponds JP-8 and JP-9 did not result in any increase in the market value of the petitioners' property. None of the Petitioners' land drains into Pond JP-7 or JP-8. VIII. The City Hall part of Project No. 473 is located in the Northwest Quarter of Section 22. The work consisted of the 4 connection of an open ditch draining the City Hall Parking lot to ' a storm sewer pipe draining into Pond JP-6. An additional purpose of this work was to provide capacity for a future storm sewer intended to drain a portion of Pilot Knob Road. The installation of the City Hall work did not confer any special benefit the on the properties, including the property of the Petitioners, assessed under Project No. 473 which are located remotely from the City Hall site in other parts of Section 22. No property in the Northwest Quarter of Section 22 is being assessed for Project No. 473. IX. The City of Eagan assessed the storm sewer improvements made under Project No. 473 without regard to determination of the benefits received by the assessed properties, including the property of the Petitioners. XI. The Petitioners protested the assessment of his property to the City of Eagan in September, 1988 and that the City hired an appraiser, Ray Connelly, to make an appraisal of the Petitioners' property to substantiate Eagan's claim of a benefit to the Petitioners' property from Project 473. Mr. Connelly made virtually identical fortn appraisals for the properties included in the assessment roll for Project No. 473, including the property of the Petitioners. Mr. Connelly's appraisals on submitted on the "cost approach" basis of appraising. Mr. Connelly's appraisals are sham and falsely based appraisals 5 procured by the City of Eagan for the purpose of giving the appearance of compliance by the City of Eagan with the requirements of M.S.A. 429.051. Minnesota law permits the costs of improvements to be, "assessed upon the property benefited by the improvement, based uvon the benefits received ..."(underlining added). A"cost approach" appraisal is insufficient to establish benefit to assessed property on a before and after basis. XII. No reasonable person would accept the appraisal reports obtained by the City of Eaqan from Mr. Connelly as providing any credible substantiation of any increase in value of the appraised properties; the appraisal reports, including the appraisal of the Petitioners' property were accepted and utilized by the City of Eagan in bad faith and for the improper purpose of circumventing the requirements of the Constitution, Statutes and the caselaw of Minnesota that the amount of a special assessment is limited to the benefit received by the land assessed. XIII. The City of Eagan included Evergreen Park Addition and the City Hall in Project No. 473 but made no effort to assess any of the properties benefited by the Evergreen Park and City Hall parts of the Project. The failure to assess all properties benefited by the improvement had the effect of making the Project No. 473 assessments unequal as to the same classes of property. XIV. 6 The assessment of the Petitioners' lands by the City of Eagan under Project No. 473 in an amount that exceeds the benefits to the Petitioners' lands is an effort to take private property for public purposes without just compensation being paid and is therefore a violation of the Fifth and Fourteeth Amendments to the Constitution of the United States and of Section One, Article 10 of the Constitution of the State of Minnesota. XV. The assessment of the Petitioners' lands by the City of Eagan under Project No. 473 in an amount that exceeds the benefits to the Petitioners' lands is a violation of 42 U.S.Code §1983 in that the violation of the Petitioners' rights under the Fifth and Fourteenth Amendments of the U.S. Constitution is being done under the auspices of state action by a municipal corporation organized under the laws of Minnesota and acting insofar as the assessment of the Petitioners' is concerned under the color of the authority of the laws of the State of Minnesota. XVI. The Peitioner is entitled to an award of all his costs, disbursements, appraisal fees and attorneys from the City of Eagan. WHEREFORE, Petitioners pray judgment as follows: 1. Adjudging that no benefit has been conferred on Petitioners' land by virtue of Project No. 473. 2. Adjudging that no assessment be imposed upon the 7 Petitioners' property by virtue of Project No. 473. 2. Adjudging that no assessment be permitted against I Petitioners' land for Project 473 based on costs beyond the actual cost of the Berry Patch Park portion of the improvement. 3. Adjudging that all the lands in Section 22 specially benefited by the Berry Patch Park improvements contained in Project No. 473 be included in the area to be assessed for Project No. 473. 4. Adjudging that the assessment levied against the Petitioners' property under assessment No. 473 be vacated. 5. Adjudging that the assessment of the Petitioners' property by the City of Eagan is a taking in violation of the Fifth and Fourteenth Amendments of the U.S. Constitution, and in violation of Article 10 y 1 of the Constitution of the State of Minnesota, and a violation of the provisions of 42 U.S. Code § 1983, entitling the Petitioners to an award of all costs, appraisal fees and attorneys fees incurred by him in this action to protest the assessment. 6. For such other, further and different relief as to the Court may seem just. RDONEY & NEIISON, LTD. THOMAS J. }, ONEY By v- I Attorneys for Petitioners 8 Pine Tree Drive, 4120 Arden Hills, MN 55112 Attorney Registration #93233 (612) 481-9222 8 FILE COPY DO NOTREMpVIE REPORT ON PILOT KNOB ROAD , (EVERGREEN PARK, BERRY PATCH PARK, CITY HALL) TRUNK STORM SEWER IMPROVEMENTS PROJECT No. 473 EAGAN, MINNESOTA 1986 APPROV EDALTIC By, 'ZI DQl@_ EAGArI FILE No. 49380 /?o+ces?iioa, /?ode.ce, f?4.u?li?i ? l?lsdacia.f.ee, .?.cc. eon4d4..g e..yla.." S[ pow4 Mw"eola DEPT. EXHIBIT 1 Bonesiroo, Rosen 2335 W. 7runk Hlphway 38 St. Paul, MN 55113 612•636•4600 June 2, 1986 Englneers 8 Archltect?s Honorable Mayor and Council Ci[y of Eagan 3830 Pilo[ Knob Roed Eagan, HN 55122 Re: Pilo[ Knob Road (Evergreen Park, Berry Pa[ch Park, City Ilnil) Trunk Storm Sever Improvements Project No. 473 Our File No. 49380 Dear Mayor and Council: rrl« c. r..,.... r.n, MuYru w. M.rv.r. P C. HwlA C.. A1dr.ld. Y.L. MWJmY A. I.rmbnt, P.L. 'FnAaJ I: l?•?. / l:. w.., P. t•.,., r c. , ArrA A. Gwwrn. Y.L. lh.. i. Mqe.. /'.l. k.knl w' Jw"r, l!' •nL.uU Mh ..wM.1•1. Murw 1.. Y?.W.. P I (?IJ C. /nq A. Wrd... I ! AI..A A. U.,..,. r e JN \. Iw. P.E. Mx 4wl l. Mwi.rr, !' L. •.r4n 1. Y/•J/rrM 1tt. u..?e o. ?.ww.. P.L. 7r... w. m..w,. r.r. M.ArI C. L'w'A, P.L. A'r. L. NYN. P.C. l.+... M. M,l.+s. /'.L'. '.xAA. /w?YVne, /.!. M..a A. RW?. r.E. •WrnC. bw'. AJ.A fh.no E. wn,n, P.E. sw? ?. r...,. i•.e CMNl A. 11.1. f rw AI. /Y..I.i, !l.Mn AI. 06. S.w AI, lMwn Transmi[ted herewith is our repor[ for Pilo[ Knob Road Trunk Storm Sewer Im- provementa, Project No. 473. Thie report coveres trunk etorm eever and in- cludes a preliminary asseaemen[ roll. We vould be pleased to mee[ with [he Council and other intereeted par[iea at a mu[ually convenient [ime to diacuse any aspec[ of thie report. Youre very truly, BONESIR00 RO ENE, ANDERLIK d ASSOCIATES, INC. ? Nark A. }laneon MAN:li I hereby certiEy that thie report vaa prepared by me or under my direct eupervieion and that I am a duly Regietered Professional Eagineer under ehe lawe of t e S te o Ninneeota. __7? Lf Nar c A. 1lanaon Da[e: June 2, 1986 Reg. No. 14260 Approved by epar[men[ of Public Worke Dace: (r - 5/-d' 6, 5456d Anderlik & Assoclates, Jnc. 34 Year Anniversary . SCOPE: Thie project providee for the eonstruc[ion of trunk storm sever im- provements vhich are required at this [ime due to the propoaed upgrading of Pilot Knob Road from I-35E [o C1iEf Road in 198r. The trunk storm sewer im- provemente are located in 3 diEferen[ areas elong Pilot Knob Road and are in- cluded vithin or adjacent to Evergreen Park, Berry Patch Park and City Hall. FEASIBILITY ANp RECOHMENDATIONS: The project ie feasible from an engineering etandpoin[ and only alightly modifiee [he 1984 Compreheneive S[orm Sever Plan for the City oE Eagan. The reviaion proposee that the NWL for Pond BP-15 sou[hvest of Evergreen Park be Lovered 6.4 ft. [0 892.6 ae compared to 899.0 ae recommended in the Compreheneive Storm Sewet Plan. Thia revision to the Mae[er Plan is recommended for tvo reasons: 1. The lov poin[ of Sequoia Lane in Evergreen Park Addi[ion can [hen he drained aou[hwesterly in[o Pond 8P-15 [hue providing additional capacity vi[hin the exiating 27" RCP located east of Pilot Knob Road [hrough vhich this area preeently draina. Based on deeign standarda utilized today the exieting 27" RCP ie approximately 30% under design capacity for a 5 year storm based on ite preeen[ drainage area. ThereEore, redirecting the lou poin[ of Sequoia Lane Co Pond BP-15 vill provide additional capacity for [he future storm aever required in Pilot Knob Road. In addition, the con- etruction of thie line will provide better etree[ drainage at the intereeetione oE Sequoia Lane and Walfrid Street end Sequoie Lene and Lodgepole Drive vhere additional eatch baeina are propoeed. Also redirecting [hie drainage area to Pond 8P-15 will alloy it to flow by gravity to the Minneeota River rather than Chrough the Carlson Lake lift e[ation vhere it would have [o be pumped to Thomas Lake reeul[ing in addi[ional long [erm energy coata. Page 1. 5456d 2. The exiating atorm sewer in Lodgepole Drive presen,tly diechargee into Pond BP-16. Hovever, the con[rolled'.elevation oE Pond BP-16 ie approximately ]' higlier than the existing atorm sewer in Lodge- pole Drive. Therefore, by constructing the outlet for Pond BP-15 at a lover elevation and through [he exiating storm sewer from Lodgepole Drive, this storm sewer can ultimatcly bc drained dry, resul[ing in less maintenance in [he fu[ure. In addition, [lie de- sired normal vater elevation oE Pond BP-16 can 6e preserved as previously intended. It is recommended [tie project propoeed herein be construc[ed as part of one contract. DISCUSSION: The project for diecuaeion purpoaes ie eeparoted in[o 3 difEerent areae. , . ? " Evergreen Park: Storm sewer proposed herein includee cons[ructing s[orm sewer vi[hin Evergreen Park Addi[ion fzom the lov point in Sequoia Drive eou[herly along Sequoia Drive snd then wes[erly alon'g Lodgepole Drive to Pond BP-15. It is also propoeed Co provide additionel catch baeine in the ineereectiona oE Sequois Drive vi[hin Walfrid Street and Lodgepole Drive as ahovn on the a[- tached draving. In addition, iC ia propoeed [o cone[ruct a 12" diamecer grav- ity atorm sewer outle[ from Pond BP-15 to an exieting 21" RCP, vtiich eervea as the outlet for Pond BP-16 and conveye runoff from [he Thomas Lake Elementary School si[e. The connection to [he exiating 21" RCP etorm sewer will be at a location to provide aufficieat grade and eapaci[y [o serve as the outlet for Pond BP-15. The 12" diame[er atorm sewer vill aleo connect Co Ghe ezieeing 27" RCP from Lodgepole Drive vhich preaently diachargee into Pond BP-16. Thie connection will allov [he exieting e[orm sewer in Lodgepole Orive to drain dry Page 2. 5456d and aleo preaerve the exieting water eleva[ion oE Pond 8P-16. Dceign coneid- era[ion for Pond BP-15 are ae Comp. Pro- Plan poeed NL1L NWL Berry Patch Pond BP-15 899.0 892.6 follows: ? Comp. Yro- Comp, Proposal Comp. Proposed Plnn poeed Plnn • Storage Plan Qut-OutFluv NWL HWL 5torage (Ac.F[.) fluw cfa (cEs) 901.6 894.7 3.0 2.4 1.0 0.5 Berry Patch Park: Storm eewer propoeed for Berry Patch Park provides for con- structing a 12" diameter gravity storm sewer ou[Let from Mooney Lake (Pond JP-7) to Pond ,1P-8 and Pond JP-8 [o Pond JP-9. 8o[ii Pond JP-8 and Pond JP-9 are incluSed vithin Yucrick Y.agan Park. Pund .1P-7 ie ubut[ed Ly rcuideutial homes to the south and eae[ included in liill[op Esta[es vhile to the norGh and ves[ it ia abutted by large unplat[ed parcets. Hovever, the unplatted pazcele veet of Pond JP-7 which nleo abut Pilot Knob Road are preeently propoaed to be developed. Therefore, as part oE [heir development pians, they vill also be required to interconnect Pond JP-36 [o Pond JP-35 and Pond JP-35 to Pond JP-7. Pond JP-36 which abute Pilot Knob Road vill receive additional runoFf ae par[ of [he upgrading oE Pilot Knob Aoad and Deervood Drive. The lateral s[orm sewer propased in Pilot Knob Road vill be ex[ended nor[herly and sou[h- erly from Pond .IP-36 and ultimately diacharge [o Pond JP-36. Therefore, due to the upgrading of Pilot Knob Road, [he proposed development of [he unplat[ed parcele veet of Pond JP-7 and ttte currenc high vater elevation flooding park property and trailwaye, it is neceeeary [o provide an outlet for Pond .IP-7 at chis time. Design considerations for Pond JP-7 are ae follove: Comp. Plan Comp. Ylan Comp. Plan Exieting 6 Propoaed 3 Propoaed 3 Propoeed Propoeed Elevation NWL IIWL S[orage OutElov Pond JP-7 862.8 859.4 865.2 47.6 ac.ft. 1.0 City Hall: Storm sewer propoaed at Eagan City klall inctudes conetrueting a etorm sewer from the northweaterly eorner of Pond JY-6 wi[hin an ezieting open Page 3. 5456d ditch [owarde City Ilell ae ¦hovn un [ho attuched druviug. Pcuuuntly, rwtuCt from Pilot Knob Road and a por[ion of Che parking lot at City Ilall is convcyed t!,rough this open di[ch to Pond JP-6. Noweverj thoee portions of [he ditch vhich are at a ateep grade are beginning [o suffer aevere erosion. Ttierefure, due to the additional runaff being direc[ed tovards [his ditch resulting from the upgrading of Pilot Knob Road, it is necessary to construct atorm eever in Chose por[ions of Che di[ch vhich are eusceptible [o erusion, ilovever, be- cauae of the uncertainty of how the property aouth of City ltatl will develop, it is propoeed to preeerve the open ditch where it is conatruc[ed a[ fle[ter gzade and erosion is less a concern. EASEHENTS: Easements will be required for conatruc[ion of the s[orm aever for }iilltop Park and Evergreen Park. Seorm aewer for Ci[y Ilall is constructed on property owned by the City. Therefore, no eaaements are required. Parcel Deacrip[ion EVERCREEN PARK Thomae Lake Scliool Addi[ion Lot 1, Block 1 Thoioes Lakc Lot 7, Block 1 I.ot 8, Block 1 BERRY PAl'CN PARK Ililltop Estates Lo[ 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 541 1/4, SEC'fION 2; Parcel 015-54 Parcel 016-54 Permanent Temporary Easement Eaeeiaen[ 0.18 acre 0.31 acre 0.06 acre 0.13 acre 0.07 acrc 0.13 acre 0.04 acre 0.16 acre 0.03 acre 0.11 acre 0.07 acre 0.11 ecre 0.06 acre 0.22 acre 0.05 acre 0.18 aere Page 4. 5456d ASSESSHENT AREA SW 1/4, SECTION 22 Parcel 014-50 Pnrcel 010-51 Parcel 026-51 Parcel 040-51 Parcel 050-51 Parcel 060-51 Parcel 010-52 Parcel 010-53 Parcel 012-54 Parcel 014-54 Parcel 015-54 Parcel 016-54 SE 1/4, SECTION 22 Parcel 010-80 Parcel 010-84 Parcel 011-85 Parcel 011-86 Parcel 012-86 SE 1/4 6 SE 1/4, SECTIDN 22 Patrick Eagan Park 5456d CONSTRUCTION AREA NW 1/4, SF.C'CION 22 Parcel 012-26 City of Eagan Patcel 013-26 City of Eagan SN 1/4, SECTION 22 Parcel 015-54 Parcel 016-54 Pareel 010-00 City oE Eagan IiILLTOP ESTATES Lot 1, 2, 3, Block 1 SE 1/4, SECTION 22 Parcel 012-85 Ci[y of Eagan Parcel 010-82 Ci[y oE Eagan NE 1/4, SEC'LION 28 Parcel 010-00 City of Eagan THOMAS LAKE SCHOOL ADDITION Lot 1, Block 1 TIIOMAS LAKE HEICIiTS ADDN. Loe 7, 8, Block 1 EVERCREEN PARK ADDITION Lote 22, 27, 24, 25, 26, 21 6 28, Blk. 1 Lots 3, 4 6 5, Block 4 Lote 1, 2, 3, 4, 5, 21 6 22, Blk. 5 Lote 1(012), 2, 7, 8 6 9, Block 6 Page 5. '. "',- ... ..? . .: e ? .. ... . , 1. . l_.. _ . . . .?_.. . . r .. . ....... ...... .. ...? . .. 'Sb... . .. .. COST ES'fIriATE: A detailed coe[ eatimate ie,included io Appendix A located a[ the back oE thie report. A summary of Gheae coate is Liated bclov:, Evergreen Park $162,020 Hill[op Park $y,(rg64crFZ Ci[y Hall 39,810 42to-pao- zF 3/ o The [o[al estimated projec[ cost ia $270,080 which includee contingenciea and all rela[ed overliead. Overhead coata are eatimated at 30X and include legal, engineering, adminiatra[ion, and bond interee[. ASSESSMENTS: Aesesemen[e are propoaed to be levied againe[ Che beneficed property. A preliminary asseasment roll ia included in Appendix B located at the back of [his report. All coets are considered trunk, therefore, aesese- menta vill be levied baeed on trunk area etorm eewer aaeeaement ratee in ef- fec[ at the [ime of the public hearing. The aeeeesmente will be eprend over e period of 15 yeare. The intereet ra[e vill be baeed upon [he lateet bond eale a[ the [ime of [he final asseesmen[ henring. Areae benefi[ed fzom thie projec[ vill receive [runk area etorm sever ae- aeeamente if [hey have not been previouely aeeeeeed. Located at the back of thia report ia a draving which ehowe [hose areae pcopoeed to be aeeeeeed. Theee areae are proposed to be aeeeeaed in accordance vi[h the atandard City policy for aeeeeaing [runk area atorm aewer. It ie aleo propoeed to aeaees Pa[rick Eagan Park in accordance with aeaeaemen[ ratea for regional parke. All coata preaen[ed herein are eoneidered trunk coste. Page 6. 5456d TRUNK fiATES: Trunk asseeament rates in effect at the time of this report are ae follova: ' • iRUNK AREA STOfU1 SEWER Reeiden[ial $0.050/aq.Ei. Large Lot $0.50/eq.ft. (lat 16,500 sq.Et. of ea, ac.) Regional Park $0.025/sq.Et. REVENUE: Revenue eourcea Lo cover the coe[ of thie project are as Eollova: Yroject Cost Revenue Balance Trunk S[orm Sewer $270,080 Trunk Area Aseeeamente $214,402 TOTAI. $270,080 $214,402 -$55,678 It is anticipated -$55,678 will be required from the trunk etorm eever fund. It should be noted, hovever, that $92,755 of revenue ie related [o the propoaed asaessment to Pa[riek Eagan Park and Berry Patch Park vhich ie con- sidered the City of Eagan. PROJECT SCIIEDULE Presenc Feasibility Report June 17, 1986 Yublic Hearing July 15, 1986 Acquire Eaaemen[e Summer, 1986 Approve Plana and Specificaeions Augus[, 1986 Receive Bids Sept., 1986 Award Concract Sepc., 1986 Cons[ruction Completion Spring, 1906 ? Asseesmen[ Ilearing Summer, 1967 First Payment Due with Real Eeta[e Taxee May, 1988 Page 7. 5456d • APPENDIX A PRELIMINARY COST ES'fIMATE PILOT KNOR ROAU (EVERCREEN PARK, BERRY PA'fCli PARK, CITY IlAl.l.) TRUNK STORM SEWER LMYROVEMENTS PROJECT N0. 473 A. EVERCREF:N PARK 600 Lin.fc. 27" RCP Storm sewer in pl. @$36.00/lin.ft. $ 21,600 250 Lin.ft. 24" RCP Storm sewer in pl. @$J2.00/lin.ft. 8,000 250 Lin.ft. 18" RCP Stonc sewer in pl. @$28.00/lin.ft. 7,000 1,380 Lin.ft. 12" RCP Storm sewer in pl. @$24.00/lin.ft. 33,120 11 Each Std. Mli v/cetg. @$1,100.00/each 12,100 6 Each Std. CB w/cetg. @$800.00/eacli 4,800 1 Each 27" RCP Flared end u/trash guard @$1,000.00/ench 1,000 1 Each 12" RCP Flared end v/trash guard @$600.00/each 600 B Cu.yds. Rock rip rap @$L00.00/cu.yd. 800 2 Each Connect RCY [o exiating RCP @$ $600.00/each 1,200 30 Lin.ft. Water main relocation @$20.00/lin.Et. 600 1,500 Sq.yda. Bi[uminoua mix[ure for pa[ch @ 510.00/eq.yd. 15,000 550 Ton Claes 5 aggregate base @$5.00/ton 2,750 60 Lin.ft. Concrete curb 'and gut[er @$12.00/lin.ft. 720 6,000 Sq.yds. Boulevard sod @$1.50/aq.yd. 9,000 0. 5 Acre Seeding @ $800.00/acre 400 Total $118,690 +SX Contingencies 5,940 $124,630 +10X Legal, Engrng., Admin. 6 Bond Intereet 37,390 TOTAL EVERGREEN PARK ADDITION .................... . $162,020 Page B. 5456 d ?,?•.,,? . ,/.+..- . r,? ? `? .'i"' i i J ...._*t. u .?._. .?.' .. ..*... _?. . ? ., a. ._ . _ . ._.. ' i_ . . . ? . . .. . _. ., . .. ....... .: ? _ ... .. _. . ? .. . .. . ? . ... 1,350 Lin.ft. 12" RCP Storm sewer in pl. @$28.00/lin.ft. 2 Each Std. MFl v/cs[g. @$1,100.00/lin.f[. 4 Each 12" RCP Flaced end w/catg. @$SOD.00/each LUMP SUM Clear and grub trees @$4,OOD.00/L.S. 16 Cu.yds. Rock rip rap @ $L00.00/cu.yd. 3.0 Acres Seeding @ $600. 00/acre Total +5x Contingenciee +101 Legal, Engrng., Admin. b Bond In[ereat TOTAL IIILLTOP PARK ................................ C. CITY HALL 150 Lin.fc. 24" RCP Storm sever in pl. @ 528.00/lin.ft. 150 Lin.ft. 21" RCP Storm eever in pl. @$26.00/lin.ft. 540 Lin.ft. 18" RCP S[orm eewer in pl. @$24.00/lin.ft. 3 Each Std. Mli w/catg. @$1,100.00/each 1 Euch 24" RCP Flared end w/traeh guard @$800.00/each 1 Each 21" RCP Flared end w/[raeh guard @$700.00/each 8 Cu.yds. Rock rip rap @$100.00/cu.yd. 600 Sq.yds. Sod @ $1.50/aq.yd. 2.0 Acre Seeding @ $800.00/acre Total *Sx Contingencie• +30X Legal, Engrng., Admin. 3 Bond intereet TO'PAI. CLTY HALL .......:.......................... Page 9. 5456d •.;;?tn : "'??iT:ar?T-???vYf^'.:%?TjF¢?.' ???:??r"„".ff -ww.?„. -iy..,??., t ., r?. ? ?.- _ _.. .... ._ . . . . ._ ..?. ?._..._.?_'_ ' `._ . .. . . __ . _ib . r.S?...:'. $ 37,600 2,200 2,000 4,000 1,600 2.400 $ 50,000 2,500 $ 52,500 15,750 $ 68,250 4,200 3,900 12,960 3,300 800 700 800 900 1,600 $ 29,160 1,460 $ 30,620 9,190 $ 39,810 APPENDIX $ PRELIMINARY ASSESSMENT ROLL P1L0'f KNOB ROAD parcel Descr°n SW 1/4 SEC'CION 22 Parcel 014-50 parcel 010-51 parcel 020-51 parcel 040-51 parcel 050-51 parcel 060-51 (EVEflCREEN PARK, HILLTOP PANK, CITY IiAI.L) TRUNK ST0214 SEWER LMPROVEMEN'YS Area (Sq.ft.) PROJECT N0. 473 Credit (Sq.ft.) Total Aeseasa6le Area R[e Asae` 8g?t 183,990 42,790 217,800 163,360 217,800 161,500 3,788 825 4,125 2,475 4,125 438 29,062 4,125 5,505 3,300 3,300 3,300 5,000 Parcel 010-52 621,335 parcel 010-53 217,800 Parcel 012-54 110,100 parcel 014-54 202,620 parcel 015-54 209,570 parcel 016-54 209,570 Parcel 010-00 336,000 (Berr y Pa[ch Park) Lerge Lot Large Lot Large Lot Large Lot Large Lot Pond (152,750) Pond ( 40,100) Large Lot yarge Lot Large Lot Large Lot Yond (236,000) 75,750 $0.05/8.E. S 16,SUU 0•05/e•f' 82,500 0.05/s•E• 49,500 0.05/9•f• 82,500 O.US/s.E. 8,750 0.05/e.f- 581,235 0.05/e.f. 82,500 O.OS/s.f. 110,100 0.05/e.f. 66,000 0.05/s.f. 66,000 0.05/e.f. 66,000 0.05/9.F. 100,000 0.05/8•f• SE 1/4 SECTION 22 R/W ?Z?x? 331,060 $0.05/e.f. Parcel 010-80 413,820 Future (Z?X? 331,060 p,OS/e.f. parcel 010-84 413,820 Fu[uce R/W 000 66 0.05/e.f. Parcel 011-85 206,910 e Lot Lars , 66,000 0.051e.E. Parcel 011-86 206,910 Large Lot (20Z) 359,500 0.05/0.f. Paicel 012-86 449,380 Future R/W ....... ...... ... TOTAL .. .. ................ .... SE 1/4 6 NE 1/4 SECI'ION 22 Petrick Eagan Park 4,391,540 Yond 897,340 7,494,20U $0.025 Regional Park page 10. 5456d $ 16,552 16,552 3,300 7,300 17,975 $122,047 $ 87,355 rnnn rnnl.Gl. nv. SE 1 4, SECTION 22 Parcel 010-78 Parcel 010-79 Parcel 010-81 Parcel 010-82 Parcel 010-83 Parcel 012-85 5456d NE 1/4, SECTION 22 Parcel 010-03 Parcel 012-04 ' . Page 11. ?r.is'.t^?;T? <.?':i;`l,?i?cay,}'.:'v+?T?'y. :.r;R.?YS-?:w?wn::e+?•.?.s+?;•a)'7'.T+1.sw y?.?a???i.?fOT?'t'iS*„'S"'.iJrsR??????'S'?';r(xZ??': ' . :. .. . . .. : : ., . . . POND 8P-I7 NWL•8971 HWI- 8920 e/ 8 \ 7, z' 22 23 24 25 26 +2 7 28 P)tOP'IARV PONO BNWL•e3M WL• 90 N 1 0 iOA' tOD* En-f Rr-Fff EHMfi ? ? ?U H . . BA S M S7. I? ?0 9 B a B 9 10 T ? 7 Q 12 14 15 ? 6 ?+ 6 ? 4 IB 17 16 3 19 2 20 ? 21 22 ? 012 2 011 3 5 4 3W LF ID ? ? 9 J 1. ,.., Z ? v 6 ? a 4 S ? -PROPOSEO STORM SEWER - F2 POND BP-I4 NWL• 899.0 HWL•901.1 0 ir m 0 Z Y \ FUTURE STORM SEWER (PILOT KNOB ROAD) WILDERNESS H a i O PILOT KNOB ROAD TRUNK STORM SEWER IMPROVEMENTS (EVERGREEN PARK) PROJECT No. 473 EAGAN, MINNESOTA POND 8P-t3 HWL• 892.6 HW1a 894.7 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, ING. Consult{n0 Enpineers St. Paul, Mfnn. Oete:,1UNE, 1986 FIG. NO. 1 Comm. 49380 . , . ... . ... ......:..,,., .,. ,_ . _. .__... ........_..... .......__?..._..... .. ___.. .--- •--•-.,...... _ .... "'........ .....rcr.v.__ . ...._... .. ...... .. .Jn .. . . . 010-819I at 0' soo' ? c,oon,c 5coir ?n Feet ? = UTY pf EAGqN W 7 a? 0 I 3' W , W; 0 PI (Co. Rd.No. 31) c POND J -9 NWL= 8163 HWL=83 A PROPOSED 12" STORM SEWER oio-e3 • rvivv jr-o NwL =si9.2 HWL= 830,0 012-85+ PROPOSED 12° STORM SEWER i-Ex. STORM SEWER k 2 D 3 4 BERRY \ R11CH PARK >51tMOIO-OO* OONEY LAKE1 ? 0?0-53 1 L ? PONO JP-35 O10-s2 PONO JP-36 ? ROAD PILOT KNOB ROAD TRUNK STORM SEWER IMPROVEMENTS (HILLTOP PARK) PROJECT No. 473 EAGAN, MINNESOTA o1o-ez. o11-es ? 011-86 016-54 o15_s< D14-54 040-SI POND JP-7 NWL=859.4 HWL=8652 OSO-51 Oi0•51 FUTURE STORM SEWER - 020-Si 014-50 FUTURE STORM SEWER (PiLOT KNOB R04D) -) 010 - 84 c Z v oiz-ee ? O V .... BONESTROO, ROSENE, ANDERIIK 6 ASSOCIATES, INC. Consulting Enplneere St. Peul, Minn. Date:,lUNE, 1986 FIG. No. 2 Comm.: 49380 '. ! I IWESCO?,? / ROAD, . . . _______________________ _ " EXISTING STORM SEWER CITY HALLk?\ I j===== f'n EXIS7ING OPEN DITCH . ? ?- ? U v fUTURE STORM \ SEWER (PIlOT 1 KNOB ROAD) ? ? J ? A' ? O CITY OF EAGAN Z 012-26 Y F-- O zoo• ^ ?.L GNAMiC SCeLC Ki FEFT ROCKY WAY ? 2 SKOVDALE PILOT KNOB ROAD TRUNK STORM SEWER IMPROVEMENTS (CITY HAIL) PROJECT No. 473 EAGAN, MINNESOTA EXISTING PAVEMENT 014 -26 PROP05ED STORM SEWER CITY OF EQGAN 013-26 fQN_Q J Psi NwL= 8i8.9 HWL= 830.0 3 No. 4 5 BONESTROO, ROSENE, ANDERIIK d ASSOCIATES, INC. Consulting Engineera St. Paul, Minn. Oate:JUNE, tees FIG. No. 3 Comm. 49380 r R PATRICK EAG6N F'ARK - O 5pp f.?y Gr??FY Y?N Y 1? (Co. Rd. hb. 311 0 ?-??--r---r? r PILOT KNOB ROAD BONESTROO, ROSENE, ANDERLIK TRUNK STORM SEWER IMPROVEMENTS a ASSOCIATES, INC. Coneulting Engineers ASSESSMENT8 5t. Pau1, Minn. PROJECT No.473 Dst*:JUNE, tee EAGAN, MINNESOTA ?FIG. No. 4 Comm. 49380 LE%INGTON AVE ?/ LE1(INGTON WAYI I ? CITY OF EA6AN 82-MONTHLY BTATIIB REPORT - BY SEVER60N, WILCO% 6 SHELDON, P.A. DATEB: 3/15/91 NAME OF FILE: SERGZN ASSESSMENT APPEAL PROJSCT N[JMSER: 473 CONTRACT NUMBER: 87-06 OIIR BILE NIIMBERf 206-8532 CONTACT PER80N: ANNETTE MARGARIT DATE: DESCRIPTION: 5/31/90 JPE received and reviewed Notice of Appeal. 6/4/90 JPE received and reviewed letter from Attorney Rooney regarding pleadings. 6/22/90 RD received and reviwed trial notice - 10/5/90. 8/16/90 Trial has been continued to 11/19/90. 9/4/90 JPE prepared response to request for admissions and response to interrogatories. He consulted with Foertsch regarding execution and review of discovery. He sent discovery to Rooney. 11/8/90 Council approved dismissal with prejudice - matter settled. 3/13/91 RD consulted with Deanna regarding status of settlement documents and reviewed with ANIM. AC!G F 6 f??J " SEVERSON, WILCOX & SIiELDON, P.A. ? ' A PROFESSIONAL ASSOCIATION ATTORNEYS AT L4W LARRYS. SEVERSON• JAMES F. SHELDON J. PA7RICK WILCOX• TERENCE P. DURKIN MICNAEL G.DOUCF{EHTY MICHAEL E.MOLENDA° PAUL J. STIER 600 MIDWAY NATIONAL SANK BUILi1ING 7300 HBST 147TH STREET MPLE VALLEY, MINNESOTA 65124 (612) 432-3136 7'ELEFAX NUMBER 432-3780 KENNETH R. HALL "'SCOT U. JOHNSTON dOSEPH P. EARLEY 1.OREN M. SOLFEST CHRISTINE M.SCOTILLO ANNETTE M. MARGARIT DANIEL M.SHERIDAN 'NSO LICENSED IN IOWA ••eW40 LICENSED IN WISCONSIN ...u$p WCENSED IN NEBRASKA August 15, Mike F rtsch City f Eagan 38 Pilot Knob Road agan, MN 55121 RE: Rooney/Bergin/Caponi vs. The City of Eagan Eagan Project No. 473 Our File No. - 206-8533 Dear Mike: OFCOVNSEL? dOHN E. VUl(ELICH Enclosed please find copies of interrogeratories request for production of documents and request for admissions in the above entitled action. Responses are due from the City on this discovery by September 1, 1990. After your review of these documents it would be beneficial if we could meet to formulate answers, as we did with the last request. I will contact you to schedule a convenient time for this meeting. Thank you. Sincerely, SEVERSON, WILCOX & SHELDON, P.A. Joseph P. Earley JPE/mCh ?: Tom Colbert, Public Works Director , !P__dtVoF 3830 CILOT KNOB ROAD 7NOwvs EGnN EP.GAN, MINNESOTA 5 51 24-1 897 Waror PHONE (612) 4548100 DAVID K GUSTAGSON FAx: (612) 454-8363 PAMEA ^^=CREA A ril 2 199D Ti"'P'`W?rr , P THEODORE WACHiER Council Nember5 TFIOAMS HEDGES MR TOM BERGIN Cityndminiscrator 1240 DEERWOOD DR Euc?NE v,w ovEesE? C4y C1¢rk EAGAN MN 55123 Re: Project 473, Parcel #10-02200-011-85 Dear Mr. Bergin: As you may recall, on September 19, 1988, the City held a final assessment public hearing to discuss the adoption of special assessments against your property for the improvements associated with the above-referenced project. At that time, you had submitted a written objection to the proposed assessments. Subsequently, the City Council removed your particular property from the final adopted assessment roll and authorized its reconsideration based on a formal appraisal to be performed by the City of Eagan. Enclosed you will find a copy of the appraisal as prepared for your property in relationship to the benefits received from the above-referenced improvement. You will note that the appraised value either equals or exceeds the proposed amount of the special assessment. With all other statutory requirements and City policy/procedures properly followed, the City Council will be formally reconsidering the adoption of this special assessment at a formal City Council meeting on May 1, 1990. Enclosed you will find the formal notification for that public hearing. Recognizing that approximately 18 months has lapsed since this issue was last discussed, we felt it would be beneficial if we could review this information with you prior to formal consideration by the City Council on May 1. Therefore, I would appreciate it if you would contact Ms. Judy Jenkins, Engineering Secretary, to schedule an appointment during the last week in April. If, after your review of the enclosed information and our discussion, you still object to the proposed assessment, it will be necessary for you to pursue your concerns with a formal appeal through District Court as outlined in the attached notice. If you have any questions regarding this procedure, they can also be addressed at our scheduled meeting. Sincerel cc: Joe Earley, Assistant City Attorney Deanna Kivi, Special Assessment Clerk Z,tt.[.+-ca omas A. Colbert, P.E. Director of Public Works TAC/jj Enclosure THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROVJfH IN OUR COMMUNITY Equal Opportunity/Affirmative ACtion Employer CITY OP E716AN 1fOTICB OF SPBCZ7IL 1?SSESSIENT Project t 473 Tha E716AH C2TY COVNCIL rill meet on the lst day of Nap, 1990, at tLe Eagaa 1luaieipal Gatar, 3830 Pilot ICnob Road, Eagan lOi, to approvs aad aGopt the listed spscial assessmaats againsi Lhe folloxiaq described propertys 10 02200 011 85 Thomas R & LeAnn Bergin 1240 Deerwood Drive Eagan MN 55123 The special assescseatc ares TOTAL 11NNUAL lIRST YEAR lIRST YEAR T1CPE OF IlPROVEMENT S A PRINCIPAL PRINCIPAL INTEREST INSTAIS.ME1iTS Trunk Area Storm Sewer 2048 f3,300.00 220.00 495.00 $715.00 TCTAL $3,300 220.00 495.00 ;715.00 !ou map pay anp portioa of these special asseasaants xithin thirtp (30) days, speeifiaallp oa or before the lst dap of June, 1990, rithout iaterest at ths Eagan Muaieipal Center. If 7ou pap ¦fter the thirtp (30) day period, but prior to Octobsr 15, 1990 iaterest will ba ehargsd fros 1[ap 1, 1990 Lo Decubar 31, 1990. Aftez October 15, 1990 tLe first pears installmaats caaaot ba prepaid aad it iaeludas iaterest Srom ltay 1, 1990 to Deesmbar 31, 1991. J1ay unpaid portioa will be colleetsd ia annual iastalLants oi priacipal aaE iatarest for the ae:t 15 YID1RS oa 7our futnre prnperty ta: siaisaeni• wLicL rill be itsued through tLa Dakota Couatp 7?uditor'¦ offica. TLe anaual iastalLeat• inelude iaterest at the rats of 9 !M CMP per year on t6e napaid Dalance. ? NOTICE OF ASSESSMENT HEARING PROJECT NO. 473 - PILOT RNOB ROAD TRUNK STORM SEWER IMPROVEMENTS CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eagan, Dakota County, Minnesota, will meet at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on May 1, 1990 at 7:00 p.m. to consider the pzoposed assessment of trunk storm sewer improvements relatinq to Improvement Project No. 473 in the following described area: The south half of Section 22, Township 27, Range 23 - Parcel Nos.: 10-02200-014-54, 10-02200-012-86, 10-02200-010-80, 10-02200-010-84, - 10-02200-016-54 and 10-02200-031-85. The area proposed to be assessed is all property described above, all as more fully and particularly described in the assessment roll on file with the City Clerk in his office, which roll is open to public inspection. The total amount of the proposed assessment is $60,164.00. Written or oral objections will be considered at the public hearing. No appeal may be taken as to the amount of any assessment unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the hearinq or presented to the presiding officer at the meeting. An owner may appeal an assessment to district court pursuant to M.S.A. Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City of Eagan within thirty (30) days after the adoption of the assessment and filing such notice with the District Court of Dakota County within ten (10) days after service upon the Mayor or Clerk. FIRST JUDICIAL DISTRICT F?ECEf?`ED JU;d 2 5 1990 STATE OF MINNESOTA CARVER, DAKOTA, GOODHUE, LeSUEUR, McLEOD, SCOTT 8 SIBLEY COUNTIES Issued date: 6/20/90 CALENDAR NOTICE County of Dakota ATTORNEY: James F. Sheldon 7300 W. 147th Street P.O. Box 24329 Apple Valley MN 55124 RE: Thomas D. Bergin Sr. et al v PILE NO. C0907315 City of Eagan Division: You are hereby notified that the above matter has been set for the following: COURT TRIAL on 10/05/90 at 9:OOAM before the presiding judge at the followinq location: Dakota County Government Center, Hastings, Minnesota You are expected to appear at the above time and place fully prepared. It is your responsibility to have your client and witnesses present. Judy Schnegelberger DEPUTY ADMINISTRATOR ASSIGNMENTS Phone (612) 438-4326 n ('??? // . By: `JI?? In cases where the initial Note of Issue requests a court trial and any other party to the action demands ajury trial, said party must comply with the requirements set out in M.S.A. Section 487.23, Su6d. 3(b); otherwise, it shall be determined to have waived its right to a jury trial as authorized by M.S.R. Section 487.23, Subd. 3(c) and M.S.A. Section 487.191. All motlons must be made prior to the trial date. If the status of this case changes, immediate notice must be given to the Court Administrator's Office. PLEASE BE ADVISED THAT THE FOLLOWING CONTINUANCE POLICY IS IN EFFECT: One continuance will be granted by the Assignment Clerk with the consent of all parties and for good cause shown. Subsequent requests for continuances must be made by a motion, unless all parties agree to have the case stricken from the calendar. Before a contlnuance Is granted, a new trfai date must be agreed upon by all parties and the assignment office. ptli 4052 - ?/89 RECE1VFp fU1 2 ? SEVERSON, WILCOX & SHELDON, P.A. I LARRYS.3EVERSON• JAMES F. SHELDON J. PATRICK WILCOX• TERENCE P. DURKIN MiCHAEL G. DOUCFtERTY MICHAEL E. MOLENDA" PAUL J. STIER 'AI.SO LICENSEI) IN IOWA ••ALSO LICENSED N WISCONSIN ... ALSO LICENSED IN NEBRAS]iA July 26 1990 File No. CO-90-7315 Our File Nos. 206-8533 and 206-8532 TELEFAX NUMBER 432-3780 Thomas J. Rooney Rooney &,Neilson, Ltd 8 Pine ji'ree Drive, #120 Ardeg'Hills, NIN 55112 i RE: Rooney v. City of Eagan File No. C9-90-7314 Berqin Sr. v. City of Eagan OFCOUIV5F.L: JOIiN E. VUKELICH Dear Mr. Rooney: Enclosed herewith and served upon you by United States mail, please find RESPONDENT'S RESPONSE TO REQUESTS FOR ADMISSIONS in connection with the above-referenced matters. Sincerely, SEVERSON, WILCOX & SHELDON, P.A. Joseph P. Earley JPE/djk Enclosure cc:,i'om Colbert (w/enc) Mike Foertsch (w/enc) A PROFESSIONAL ASSOCIATION ATTORNEYS AT WW 600 MIDWAY NATIONAL BAN1L BUILDING 7300 WEST 147fH STREET APPLE VALLEY, MINNES01'A 55124 (672) 432-3136 199f' KENNETH R. HALL '^SCOT(' D. JOHNS7C7N JOSEPH P. EARI,F.Y IAREN M. SOLFEST CHAISTINE M. SCOTILLO ANNETTE M. MARGARIT DANIEL M.SHERIDAN , STATE OF MINNESOTA COUNTY OF DAKOTA Thomas J. Rooney, Petitioner, v City of Eagan, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Type of Case: OTHER CIVIL File No. C9-90-7314 RESPONDENT'S RESPONSE TO REQUESTS FOR ADMISSIONS Thomas G. Bergin, Sr., File No. CO-90-7315 Petitioner, v. City of Eagan, Respondent. TO: PETITIONERS, THOMAS J. ROONEY AND THOMAS G. BERGIN, SR., AND THEIR ATTORNEY, THOMAS J. ROONEY, ROONEY & NEILSON, LTD., 8 PINE TREE DRIVE, #120, ARDEN HILLS, MINNESOTA 55112: Based on information in Respondent's possession and with the advice of its counsel, Respondent has attempted to furnish the information requested in the Requests for Admissions of Petitioners to the best of its present ability. Respondent, however, reserves the right to amend or supplement its Responses to Requests for Admissions if it finds that inadvertent omissions or errors have been made or if additional or more accurate information becomes available. Page 2/RESPONDENT'S RESPONSES TO REQUESTS FOR ADMZSSIONS City of Eagan - Rooney and Bergin Sr. Respondent proposes and hereby makes the following responses to Petitioners' Requests for Admissions. REOUEST NO. 1: Project No. 473 included storm sewer installation in three separate areas in Eagan, namely Evergreen Park, Berry Patch Park, and City Hall. RESPONSE: Admit. REOUEST NO. 2: The principal need met by these three installations (Evergreen Park, Berry Patch Park, and City Hall) was the handling of additional storm water drainage due to the upgrading of Pilot Knob Road from I-35E to Cliff Road. RESPONSE: Admit. REQUEST NO. 3: Evergreen Park is a residential addition located in Section 28 and is west of Pilot Knob Road. RESPONSE: Qualifiedly admit. "Evergreen Park Addition" is a residential addition. There is an actual recreational park called Evergreen Park. REOUEST NO. 4: Prior to the construction of Project No. 473 some of the streets in Evergreen Park Addition were connected to a storm water drainage system which drained into Carlson Lake to the east of Pilot Knob Road in Section 27. RESPONSE: Admit. Page 3/RESPONDENT'S RESPONSES TO REQUESTS FOR ADMISSIONS City of Eagan - Rooney and Bergin Sr. REQUEST NO. 5: Storm water drainage from Evergreen Park Addition to Carlson Lake was accomplished prior to the construction of Project No. 473 through a 27" storm drainage pipe built for the City of Eagan when the Wilderness Run Additions were developed in Section 27. RESPONSE: Qualifiedly admit. The storm drainage pipe was built by the City of Eagan, not for the City of Eagan. REOUEST NO. 6: Under Project No. 473 some of the storm water drainage from Evergreen Park Addition was rerouted so as not to be drained through the 27" storm drainage pipe into Carlson Lake. RESPONSE: Admit. REOUEST NO. 7: The purpose of the rerouting of some of the drainage from Evergreen Park Addition was to make available for storm water drainage form Pilot Knob Road between Diffley Road and Cliff Road the portion of the capacity of the 27" pipe that had previously handled the drainage from Evergreen Park Addition. RESPONSE: Admit. REQUEST NO. S:,No part of the Evergreen Park Addition storm sewer improvement conferred a special benefit on any property that was assessed under Project No. 473. RESPONSE: Admit. REOUEST NO. 9: Berry Patch Park is located in Section 22. RESPONSE: Admit. Page 4/RESPONDENT'S RESPONSES TO REQUESTS FOR ADMISSIONS City of Eagan - Rooney and Bergin Sr. REOUEST NO. 10: The improvement made in Berry Patch Park as a part of Project No. 473 was the installation of a pipe draining Pond JP-7 into Pond JP-8 and the installation of a pipe draining Pond JP-8 into Pond JP-9. RESPONSE: Admit. REOUEST NO. 11: Pond JP-7 handles storm water runoff from portions of Hilltop Estates, a platted residential are located in the Southwest Quarter of Section 22. RESPONSE: Qualifiedly admit in that Pond JP-7 does handle storm water runoff from portions of Hilltop Estates. However, this is not the only area from which Pond JP-7 receives storm water runoff. REOUEST NO. 12: Berry Patch Park is the result of a park dedication to the City of Eagan in connection with the platting of land in the SW quarter of Section 22. RESPONSE: Admit. REOUEST NO. 13: The park land in Berry Patch Park consists primarily of a pond.and a paved path circling the pond. RESPONSE: Admit. However, the path does not completely circle the pond and is located on the south side only. RE4UEST NO. 14: The pond in Berry Patch Park is designated as Pond JP-7 in Eagan's comprehensive storm water drainage plan. RESPONSE: Admit. Page 5/RESPONDENT'S RSSPONSES TO REQUESTS FOR ADMISSIONS City of Eagan - Rooney and Bergin Sr. REOUEST NO. 15: The paved path surroundinq Pond JP-7 has been subject to flooding. RESPONSE: Admit. REOUEST NO. 16: Since the reconstruction of Pilot Knob Road along the west line of the Southwest quarter of Section 22, Eagan drains storm water from Pilot Knob Road into a series of Ponds that ultimately drain into Pond JP-7. RESPONSE: Qualifiedly admit that Eagan drains storm water from some of Pilot Knob Road into a series of ponds that ultimately drain into Pond JP-7. REOUEST NO. 17: The assessment roll for Project No. 473 does not include any of the land in Hilltop Estates. RESPONSE: Admit. REQUEST NO. 18: The assessment roll for Project No. 473 includes the Patrick Eagan Park site at $.025 per square foot and includes the remainder of the lands assessed at higher per square foot rates. RESPONSE: Admit. REOUEST NO. 19: The installation of the Berry Patch Park local improvements under Project No. 473 did not confer any special benefit upon either of the Petitioners' properties. RESPONSE• Deny. Page 6/RESPONDENT'S RESPONSES TO REQUESTS FOR ADMISSIONS City of Eagan - Rooney and Bergin Sr. REQUEST NO. 20: The purposes served by the local improvements connecting Ponds JP-7, JP-8 and JP-9 under Project No. 473 are to provide storm water drainage for (1) the upgrading of Pilot Knob Road, (2) the proposed development of the unplatted parcels west of Pond JP-7 and (3) alleviating the high water elevation flooding park property and trailways. RESPONSE: Admit in part and deny in part. Admit that the connection of Ponds JP-7, JP-8 and JP-9 under Project No. 473 provides storm water drainage for the upgrading of Pilot Knob Road, the proposed development of the unplatted parcels west of Pond JP-7 and alleviating the high water elevation flooding park property and trailways. Deny that these are the only purposes served by the local improvements connecting Ponds JP-7, JP-8 and JP-9 under Project No. 473. An additional purpose, among others, is to provide an outlet for storm water drainage for Petitioners' parcels. REQUEST NO. 21: The lands of Petitioner Thomas J. Rooney do not drain into Pond JP-7 or JP-8. RESPONSE• Deny. REOUEST NO. 22: The lands of Petitioner Thomas G. Bergin do not drain into Pond JP-7 or JP-8. RESPONSE• Deny. REQUEST NO. 23: The Eagan City Hall is located in the Northwest Quarter of Section 22. Page 7/RESPONDENT'S RESPONSES TO REQUESTS FOR ADMISSIONS City of Eagan - Rooney and Bergin Sr. RESPONSE: Admit. REOUEST NO. 24: The local improvement constructed under Project No. 473 near the Eagan City Hall consisted of the connection of an open ditch draining the City Aall Parking lot to a storm sewer pipe draining into Pond JP-6. RESPONSE: Deny. This is not an accurate description of the local improvement. REOUEST NO. 25: An additional purpose of the local improvement near the Eagan City Hall under Project No. 473 was to provide capacity for a future storm sewer intended to drain a portion of Pilot Knob Road. RESPONSE: Admit. REOUE5T NO. 26: the installation of the City Hall local improvements under Project No. 473 did not confer any special benefit on the properties of the Petitioners. RESPONSE: Admit. REOUEST NO. 27: No property in the Northwest Quarter of Section 22 is being assessed for Project No. 473. RESPONSE: Admit. RE4UEST NO. 28: The Petitioners protested the assessment of their property to the City of Eagan in September, 1988. RESPONSE: Admit. L Page 8/RESPONDENT'S RESPONSES TO REQUESTS FOR ADMISSIONS City of Eagan - Rooney and Bergin Sr. REOUEST NO. 29: The City hired an appraiser, Ray Connelly, to make an appraisal of the Petitioner's property to substantiate Eagan's claim of a benefit to the Petitioner's property from Project 473. RESPONSE: Admit. REOUEST NO. 30: Mr. Connelly made virtually identical form appraisals for the properties included in the assessment roll for Project No. 473, including the property of the Petitioner. RESPONSE: Deny. REOUEST NO. 31: Minnesota law permits the costs of local improvements to be assessed upon the property benefited by the improvement only to the extent of the benefits received. RESPONSE: Admit. REOUEST N0.32: A"Cost Approach" appraisal is not a legally sufficient basis to establish benefits received by property for purposes of making an assessment for a local improvement under Minnesota law. RESPONSE• Deny. REOUEST NO. 33: The City of Eagan used only the appraisal reports made by Mr. Ray Connelly to establish the benefits received by the Petitioners' properties from the improvements made under Project No. 473. RESPONSE: Deny. r Page 9/RESPONDENT'S RESPONSES TO REQUESTS FOR ADMISSIONS City of Eagan - Rooney and Bergin Sr. REOUEST No. 34: Mr. Connelly's appraisal reports use exclusively the "Cost Approach". RESPONSE: Admit. REOUEST NO. 35: Mr. Connelly's appraisal reports do not disclose any benefits received by the assessed properties of each Petitioner. RESPONSE• Deny. REOUEST N0. 36: Mr. Connelly's appraisal reports, including his appraisal of the Petitioners' properties, were accepted and utilized by the City of Eagan. RESPONSE: Admit. REOUEST NO. 37: The City of Eagan included Evergreen Park Addition and the City Hall in Project No. 473 but made no effort to assess any of the properties located in Evergreen Park or adjacent to the City Hall. RESPONSE: Admit. These properties had previously paid their trunk storm sewer obligations. REOUEST NO. 38: The assessment of land for a local improvement in excess of the special benefits received by virtue of the improvement is a taking of private property for public purposes without just compensation being paid and is therefore a violation of the Fifth and Fourteenth Amendments to the Constitution of the United States and of Section One, Article 10 of the Constitution of the State of Minnesota. V. Page 10/RESPONDENT'S RESPONSES TO REQUESTS FOR ADMISSIONS City of Eagan - Rooney and Bergin Sr. RESPONSE: Admit. REOUEST NO. 39: The assessment of land by the City of Eagan under M.S.A. 429.051 for a local improvement is state action by a municipal corporation orqanized under the laws of the State of Minnesota for purposes of the provisions of 42 U.S. Code §1983. RESPONSE: Deny. REQUEST NO. 40: The assessment of land by the City of Eagan under M.S.A. 429.051 for a local improvement in excess of the benefits received by virtue of the improvement is a violation of 42 U.S. Code §1983 because the landowner's rights under the Fifth and Fourteenth Amendments of the U.S. Constitution is being done under the auspices of state law by a Minnesota municipal corporation. RESPONSE• Deny. Dated: July 25, 1990 SEVERSON, WILCOX & SHELDON, P.A. i' By \7os6ph P. Earley? A toY?neys for Respon nt 60 idway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 I.D. No. 189595 Snc 10/9/84 A. PROSECT.411, PATRICK EAGAN TRUNK STORM SEWER 2. Anthony Caponi (10-02200-010-80 & 84) 3. Thomas Rooney (10-02200-012-86) 4. Thomas Bergin (10-02200-011-85) BACKGROUND INFORMATION Project 411 provided for the installation of a[runk storm sewer outlet to Patrick Eagan Park (JP-9) along with other ponds within the old Windcrest Addition (paroposed Birch Park Addition) as indicated on the map enclosed on page ?/ . The ponds west of Patrick Eagan Park, south of Deerwood Drive and north of Hilltop Estates are located within the major drainage district serviced by this trunk storm sewer outlet of Patrick Eagan Park. However, there interconnection to Patrick Eagan Park?7 is proposed to be performed under a future project. Enclosed on page S g is an area map showing the assessment boundaries and the relationship of the appellants to Patrick Eagan Park. Enclosed on page 2-1 is a topographic map showing the relationship of those parcels to Patrick Eagan Park pond (JP-9) and Che pond to the southwest (JP-8). Enclosed on page 3e) is a map showing the drainage district that will ultimately be serviced by the outlet to Patrick Eagan Park pond. - Enclosed on page 3Z is the written objections submitted by Mr. Sergin. Enclosed on pages J Z. throughis a copy of the formal complaint filed with District Court by Mr. Rooney. Enclosed on pages13(?through3 ? is a copy of the formal complain[ filed with District Court by Mr. Caponi. Their major objection is based on the fact that their property does not directly drain into Patrick Eagan Park pond (JP-9) but rather into the pond to the southwest (JP-8) which is not having any storm sewer improvements installed at this time. . STAFF RECOMMENDATION While the o6jectioners are correct that their property does not drain directly into Patrick Eagan Park pond, they are loca[ed within the general drainage district area serviced by the outlet for Patrick Eagan pond. Due to the fact that [he future cost of interconnecting these two ponds would be quite small in relationship to the assessment revenue generated from these large parcels of property within the drainage divide, the City could be place in a position of assessing an amount greater than the actual cost of the project. This is due to the fact that we traditionally do not go back and include the cost of previous projec[s downstream in determining the assessment revenue. Once this interconnection is provided, these properties wi11 be benefited by the storm sewer outlet to Patrick Eagan Park due to the fact that their water will drain through the s_orm sewer system. Consequently, the staff has two recommendations for consideration: 1. Delete the parcels south of the designated drainage divide from assessments under Project 411 subject to an agreemen[ whereby they will not object to the trunk area storm sewer assessments at a Later date when pond JP-8 is connected to Patrick Eagan Pond. 2S , A. PROJECT 411, PATRICK EAGAN TRUNK STORM SEWER (continued) 2. Expand the scope of Projec[ 411 to install the storm sewer connection from JP-8 to JP-9 to protect the integrity of the assessments associated with the costs for installing the trunk storm sewer outlet from Patrick Eagan Pond. - COMMITTEE RECOM[fENDATION/COMMENTS z6 ' r' REPORT ON PATRICK EAGAN PARK / BlRCH PARK ADDITlON TRUNK STORM SEWER OUTLET PROJECT NO.41 i ? < EAGAN, MIfVNESOTA FILE N0.49311 /3wre,d4aa, Rase.ce, yQnc"ih 9 fQeeac4a1e.s, Yf cc. G'om&d4-,¢ 9.,9,:.weu ( st. na" mj'o? - EXHIBIT 1 C 13 1333 ?!/. '1.-A 36 si. n...t .N"....i. ss,fs PA...- 6/1-636-4600 June 21, 1984 rQ.rdPi:h & yQ, Honorable Mayor and Council Ci[y of Eagan 3830 Pilot Knnb Road Eagan, Minnesota 55121 Re: Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Projece 411 Our File No. 49311 Dear Mayor and Councii: J.r.c. ? p Orro G. Honn?roo. Y.E. RoMi W. Ronnr. F.E. lmepn C. AndaliF, P.E. a.onlo.a A. L.mbr.t. v.e. Rirha.dE. Tvner, P.E. Ja.., c. or.o.. P.E. GMnn R. COOk, P.E. KMA A. Gwdon. P.E. TAO,no E. Noyei. P.E. FirAON w, Foiw. P.E. RoMn G. ScA.m?hL P.E. M?ewn L. Serve?e, P.E. DarwlaC. BurReM?. P.E. Jrr l A. BovNOn. P.E. Mork A. Hanion. P.E. tMK. fwd. P.E. MkAaNT. Revrmmnn, P.F. RaArn R. P/dJo(w P.E. Oarid Lwka'e, P.E. CAOrltf A. Efitkmn Lro AI. Pewv.'i4? Horlon M. Olson Transmitted herewith is oui report for Pa[rick Eagan Park/Birch Park Additian, Project 411. This report covera trunk storm sewer and includes a preliminary assessment roll. C We Wo41d be pleased [o meet vith the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. ASSOCIATES, INC. ns n MAH:Li• ' Yours ver truly, „ BONESTR OSEN, ANDERLIK S ? Mar Ha o I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the S e o Minne a. •? ?-r/l?e ? Mark A. Han on C Date: June 21, 1984 Reg, No, 14260 Approved b? homas A. Colbert, P.E. Directar of Public Works Date• t1560c i ? C SCOPE: This project provides for the construc[ion of trunk storm sever from Pond JP-6 and Pond JP-9 (McCarthy Lake) to Pond JP-I1 (Hurley Lake) as desig- nated in the Comprehensive Storm Sewer Plan. Pond JP-6 is located in the ex- isting Windcrest Addition which is presently being replated as Sirch Park Ad- dition. Pond JP-9 is located in Patzick £agan Park. FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering standpoint and is in accordance with the Comprehensive Storm Sewer Plan for the City of Eagan. The projec[ as outlined herein can bes[ be carried out as . one contract. - • DISCUSSION: Trunk storm sewer proposed herein provides for constructing grav- ity etorm aewer from Pond JP-6 to Pond 1p-11 and from JP-9 to Pond SP-11 as ehown on the attached drawing. As part of the 1978 Comprehensive Storm Sewer C Plan it was proposed that Pond JP-6 outlet by a pumping facility (L.S.-12) to Pond JP-10 which in turn would discharge by a gravity s[orm sewer to Pond JP-9, Pond 1P-9 would then outLet by a pumping facility (L.S.-23) to Pond JP-11. However, since this time the Department of Natural Resources has re- cen[ly established normal water levels for Pond JP-6 and Pond JP-9 at 818.7 which ie considerably higher than proposed'in the Comprehensive Storm Sewer Plan. As a reault, it now becomes feasihle to outlet Pond JP-6 and Pond JP-9 to Pond ,TP-11 by gravity storm aewer thus eliminating two pumping facilities. Aa part of the 1984 Comprehenaive Storm•Sewer Plan Update a computer analysis was done to evaluate the effect of raising the normal vater levels of theae ponds and ita effect on the high water level based on a 100 year storm. Ae part of ehis analysie, the high water level for Pond JP-6, S, 9, 10, 11 and 49 was determined to 6e 830.00. It was also assumed Pond JP-7 would discharge directly into pond 1P-8 thus by-passing Pond JP-38 as ahocm on the attached Page 1. 1560c ' , I ` storm sewer layout drawing. It ia anticipated tha[ an outlet for Pond JP-38 will not be required for some time since it will never incur any additional runoff except thaC which is directly tributary to it. Therefore, the impacE of a high water level of 830.00 for the area north of Hilltop Es[atea is not eignificant and can be incorporated into the design af fu[ure plats. In sum- mary, cons[ruction costs for the proposed gravity aystem are nearly equal [o providing two pumping stations with a force main, as a result, a considerable coat saving to the City can be realized in long term operation and maintenance. Construction proposed herein includes a gravity storm sewer 15 inch and 18 , inch in diameter as shown on the attached drawing. It is proposed that grav- ity storm sever from Pond ,1P-6 to Pond JP-11 para11e1 the Wescott Trunk Sani- tary Sever being conatructed as part of City Contract 84-2. Trunk storm sewer from pond JP-10 to Pond JP-9 is propoaed to be constructed wi[hin the righC- ? : of-way of a future street of Parcel 011-04 which will ultimately connect to Weatbury Addition. It is not proposed to construct an outlet pipe from Pond JP-10 at ehis time since it does not incur any additional runoff from existing or proposed future develapments. EASEMENTS: I[ is proposed the gravity storm aewer be constructed within the exiating easement acquired across Parcel 011-04 aa part of the Wescott Trunk'.. Sanitary Sewer, City Contract 84-2. It is proposed an additional easement be acquired for etorm sewer constructed southerly from Pond JP-10 to Pond SP-9. Page 2. 1560c C C AREA TO SE INCLUDED: CONSTRUCTION AREA ASSESSMENT AREA NE 1/4, SECTION 22 NE 1/4, SECTION 22 Parcei 011-04 Parcel 010-02 Parcel 012-04 parcel 011-04 NW 1/4, SECTION 22 WINDCREST ADDITIDN Parcel 012-26 - Outlot B, C Parcel 013-26 WINDCAEST 2ND ADDITION Parcel 014-26 Ou[lot E Parcel 010-27 Parcel 020-27 Parcel 030-27 Parcel 040-27 SE 1/4, SECTION 22 Parcel 013-75 Parcel 014-75 Parcel 011-75 parcel 020-75 • Parcel 012-76 Parcel 011-76 Parcel 031-76 Parcel 010-77 Parcel 010-80 Parcel 010-84 Parcel 012-86 Parcel 011-85 Parcel 011-86 SKOVDALE Lot 1-7 SKOVDALE N0. 2 Lot 1-5 WINDCREST ADDITION Outlot B, C WIN?CREST 2ND ADDITION Outlot A, B, C, D, E, F W. SCHMIDT ADDITION Lot 1& 2, Blk. 1 Page 3. 1560c t \ COST ESTIMATES: De[ailed cost estimates are presented in Appendix A located a[ the 6ack oP [his report. The total estimated project cost is $240,960 which includes contingencies and all related overhead. Overhead costs are es- timated at 27% and include legal, engineering, administration and bond inter- est. ASSESSMEIITS: Assessments are proposed to be levied against the benefitted property. A preliminary assessment roll is included at the back of [his re- port. Storm sever proposed herein is considered trunk. It is therefore proposed Co asaess trunk area storm sewer to those parcels shown on the at[ached draw- ing. Trunk area assessment rates in effec[ at the time of this report are as follows: Trunk S[orm Sewer - Single Family $0.045/sq.ft. a REVENUE: Revenue sources to cover the cost of this project are as follows: Project Trunk Cost Revenue Fund Balance Trunk $240,960 Trunk Area Asseasments ' $343,289 $240,960 $343,289 +$102,329 It is anticipated a surplus of $102;329 will result in the trunk atorm sewer fund. 1560c Page 4. ( PROJECT SCHEDULE Preaen[ Feasibility Repor[ Public Hearing Approve Plans and Specifications Open Sids Award Contract Construction Completion Final Assessment Hearing Firs[ Payment Due with Taxes 1560c Page 5., June 19, 1984 July 17, 1984 July 17, 1984 August 3, 1984 August 7, 1984 Fa11, 1984 Spring, 1985 Spring, 1986 l I C \ ? APPENDIX A PATRICK EAGAN PARK/BIRCI{ PARK ADDITION TRUNK STORM SEWER OUTLET PROJECT N0. 411 1,450 Lin.ft. 18" ACP Storm sewer @$40.00/lin.ft. $ 58,000 2,490 Lin.ft. 15" RCP Storm sever @$25.00/lin,ft, 62,250 13 Each S[d. 4' dia. MH w/casting @$1,100.00/each 14,300 160 Lin.f[. MH depth greater than 8' dp. @$90.00/1in.ft. 14,400 1 Each 18" RCP F.E. w/trash guard @$700.00/each 700 4 Each LS" RCP F.E. w/trash guard @$G00.00/each 2,400 40 Cu.yds. Rock rip rap @$80.00/cu.yd. 3,200 600 Cu.yds, Rock stabilization be2ow pipe @$10.00/cu.yd, 6,004 LUMP SUM Clear b grub trees @$3,0OO.OD/L.S. 3,000 3,940 Lin.f[. Mechanical trench compaction @$0.94/lin.ft. 3,690 8.5 Acre Seed w/fertilizer b mulch 0 $1,500.00/acre 12,750 Total $180,690 +5% Contingencies 9,040 $189,730 +27% Legal, Engrn7,., Admin, 6 Bond Interest 51,230 TOTAL ........................................... $240,960 1560c Page 6. C PRELIMINARY ASSESSMENT ROLL APPENDIX B PATRICK EAGAN pARK/BIRCH PARK ADDITION TRUNK STORM SE[dER OUTLET PROJECT N0. 411 Parcel Area Credit Assessa6le Total DescripCion (sq'.f[:) (sq.ft.) Area (sq.ft.) Rate Assessment NE 1/4, SECTION 22 010-02 3.89 Ac. Large Lot 3.89 Ac. $743/Ac. $ 21890 011-04 1,873,080 Pond 91,476 1,425,284 $0.045/s.f. 64,138 Future R/W(20ti) 356,320 TOTAL $67,028 NW 1/4, SECTION 22 C 012-26 - Eagan 771,184 Future R/W(20;) 154,236 616,948 $0.045/s.f. $27,763 F 013-26 - Eagan 435,600 Future R/W(20%) 348,480 $0.045/s.f. 15,682 87,120 014-26 - Dak, Co. 370,260 --- 370,260 $0.045/s.f. 16,662 010-27 188,740 Future R/w(20%) 150,992 $0.045/s.f. 6,795 31,748 020-27 200,000 Future R/W(20%) ' 160,000 $0.045/s,f, 7,200 40,000 - 030-27 113,076 --- 113,076 $0.045/s.f. 5,088 040-27 174,492 Future R/W(20%) 139,594 $0.045/s.f. 6,282 34,898 ? TOTAL $85,472 ? Page 7. • 1560c C c Parcel . Area Credit Assessable Description (sq.ft,) (sq,ft.) Area (sq.ft.) SE 1/4, SECTION 22 013-75 289,670 St. R/W (20%) 231,736 57,934 015-75 4.75 Ac. Large Lot 4.75 Ac_ 020-75 2.85 Ac. Large Lot 2.85 Ac. 011-76 2.7 Ac. Large Lot 2.7 Ac. 012-76 209,088 St. R/W (20X) 167,270 41,818 031-76 226,512 St. R/W (20%) 181,210 45,302 010-77 293,276 St. R/W (20X) 234,621 58,655 010-80 413,820 St..R/W (20%) 331;056 82,764 010-84. 413,820 St. R/W (20%) 331,056 82,764 012-86 449,374 St. R/W (20a) , 359,499 89,875 011-85 4.75 Ac. Large Lot 4.75 Ac. 011-86 4.75 Ac. Large Lot , 4.75 Ac. Total Rate Assessmen[ $0.045/sq.ft. $10,428 5743/Ac. 3,529 $743/Ac. 2,118 $743/Ac. 2,006 $0.045/sq.ft. 7,527 $0.045/sq.ft. 8,154 $0.045/sq.ft. 10,558 $0.045/sq.ft. 14,898 $0.045/sq.ft. 14,898 $0.045/sq.ft. 16,177 5743/Ac. 3,529 5743/Ac. 3.529 $97,351 ? 1560c Page 8. C Parcel Description SKOVDALE Area Credi[ Assessable (sq.ft.) (sq.Et.) Area (sq.ft.) 6 '/ ? A. Total Rate Assessment L 1 ?. 7??a ?Sa63.5`1 ot r ,? Large Lot $743/ac. -Lot-2 ilJ L 1- ? a.78 Ae, ?ao65.5?1 ot 3 v- ?- 1 -1:83--aa, Large Lot $743/ac. 53-5- -1- , Lot 4 1.85 ac. Large Lot 1.85 ac. $743/ac. 1,375. Lot 5 1.85 ac. Large Lot 1.35 ac. $743/ac. 1,375 74/ 3 IW « 1.85 ac. Large Lot 1.85 ac. $743/ac. 5 D6 ;k- - 7v31 9C 7 .'3 Lot 74- {% % ( .36;4-&8-- 76 73 Y Large Lot /16;5 09-6?-E- $0.045/s.f. -14-3-- Y a 0 ? , ? • ?? A es 1 3 ?, b 7 • ' TOTAL 4c7? SKOVDALE N0. Z ? ? Lot -2--5 C 3.7 ac. Large Lot 3.7 ac. $743/ac. $ 2,749 ? Lot --2--4 ? 1.9 ac. Large Lot 1.9 ac. $743/ac, 1,412 L Lot -3--3 2.0 ac. Large Lot 2.0 ac. $743/ac. 1,486 9- • Lot-k- >- ? 1.9 ac. Large Lot 1.9 ac. $743/ac. 1,412 ?y Lot 5- 29,070 s.f. Large Lot 16,500 s.f. $0.045/s.f. 743 TDTAL • $ 7,802 WINDCREST ADDITION Outlot B - EaEan 348,480 Pond 100,G00 198,784 $0.0451s.f. $ 8,445 St. R /W(20Y.) 49 ,696 Outlot C - Eagan 209,088 Pond 74,000 108,070 $0.045/s.f. 4,863 St. R/w(20X) 27,018 TDTAL ? 1560c Page 9. $13,808 ( Parcel Area Credit Deacription (sq,ft.) (s9•ft ) - Assessable Area (s ft ) Tota2 . q. . Rate Assessment WINDCREST 2ND ADOITION Outlot A 18,757 --- 18,757 $0.045/s.f. $ 844 Outlot fl 378,972 St. R/W(ZO%) 303,178 $0.045/s.f. 13,643 75,794 Outlot C 9,180 --- 9,180 $0.045/s.f, 413 Outlot D 335,412 St. R/W(20%) 268,330 $0.045/s.f. 12,075 67,082 ' Outlot E 378,972 Pond 38,000 272,778 $0.045/s.f. 12,275 St. R/W(20%) 68,194 Outlot F 705,672 Pond 130,000 460,538 $0.045/s.f. 20,724 St. R/W(20%) 115,134 TOTAI. $ 59,974 C W. SCHMIDT ADDITION Lot 1 24,361 Large Lot 24,361 $0.045/sq.ft. $ 743 Lot 2 2.85 Ac. Large Lot 2.85 Ac. $743/Ac. 2,118 $ 2,861 NE 1/4, Section 22 ' $ 67,028 NW 1/4, Section 22 85,472 SE 1/4, Section 22 97,351 Skovdale ' 8,993 Skovdale No, p 7,802 Windcrest Addition 13,808 Windcrest 2nd Addi[ion 59,974 W. Schmidt Addition • 2,861 ? TOTAL ................. .......... $343,289 Page 10. 1560c • ? N W L-815.7 uwi _nzn n I c ?. PATRICK EAGAN PARK / BIRCH PARK ADDITION TRUNK STORM SEWER OUTLET EAGAN, MINNESOTA rv v rt i n 0 400 900 SCALE iN FEET I BONE5TR00, ROSENE, ANDERLIK 8 ASSOCIATES, INC. ConbulHnp Engineero St. Paul. Minn. Dete: JUNE, 1984 ? PROJECT Comm. 49311 I N0.411 C C C: L_ i - -- i . Of EAG irli, ??x ? ? EX. LIFT STA. 14 JP - II ?-- `_. ? JP I L._._. ._ \ JP 9_ F':.: ,. E D. •? n. ?; JP-8 N 0 L_.. .. .".--- ' : R T H - ". O 1000 2000 EHEEEE? SCALE IN FEET PATRICK EAGAN PARK / BONESTR00, ROSENE, ANDERLIK 3 ASSOCIATES, INC. BIRCH PARK ADDITION Conauiting Enplneere STORM SEWER LAYOUT St. Peul. Minn. oate: ?unrE, I984 PROJECT POND JP-6, 7, 8, 9, 10, 11, 38, 47, & 49 Comm. 49311 N0.411 11 }' I if I ? '. ?-. . t?._.: : -.: _. ?JP I --- F''^ , ri'??F? % ?,? E ?. ?, -T. r: JP-8 NO RTH _ I ? ... _. ...__._..._ ."" _ 0 IOOp 2000 SCALE IN FEET BONESTROO, ROSENE, ANDERLIK PATRICK EAGAN PARK i a nssociaTes, INC. BIRCH PARK ADDITION Conaulting Enpineers St. Paul, Minn. STORM SEWER LAYOUT Date: JUNE, 1984 PROJECT POND JP-6, 7, 8, 9, 10, 11, 38, 47, & 49 Comm. 4931 I N0.411 h ?1 1 ?`--1EX. LIFT I f ? SINGLE FAMILY RATE T i --- .?. I'TH 0 1000 2000 SCALE IN FEET PATRtCK EAGAN PARK / BIRCH PARK ADDITION TRUNK AREA STORM SEWER EAGAN, MINNESQTA ?_ ? BONESTROO, ROSEME, ANOERLIK & AS50ClATES, INC. Coneufting Englneere St. Paul. Mlnn_ Date: JUNE, 1984 }( PROJECT Comm, 49311 j? N0.41 1 LEGEND ? --1 ( C ' j ? -' T- ? ? LEGEND ? ? SINGLE FAMILY RATE PATRICK EAGAN PARK / ? BIRCH PARK ADDITION TRUNK AREA STORM SEWER EAGAN, MINNESOTA ? H I?L F ? N ATH O 1000 2000 -.-I -a SCGLE IN FEET BONESTROO, ROSENE, ANOERLIK & ASSOCIATES, INC. Connulting Englneere St. Paul, Mlnn. Date: JUNE, 1984 pFtOJECT Comm.49311 N0.411 1 ,. STATE OF MINNESOTA COUNTY OF DAKOTA Anthony Caponi, vs. City of Eagan, ? ? ?ti q. DISTRICT COURT FIRST NDICIAL DISTRICT - FILE N0. CC?Q??S ` `OVti CO`?"? ? 1?AKI ?aw?- - SUMMONS$ x Plaintiff, Defendant. THE STATE OF MINNE,SOTA TO THE ABOVE NAMED DEFENDANT: You are hereby aummoned and required to aerve upon the Plaintiff's attorneys an answer to the Complaint which ia herewith aerved upon you, vithin twenty (20) days after aervice of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. ROONEY 5 NEIISON, LTD. SY ? THOMAS J. R00 Attorneys for Ylaintiff 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 (612),224-3361 Zci ? p. ? i //?' ' .. ??.. 5/ ai• i ? F x /12 C -7`? AIOGE`.;?-_ ?D?ZQ? y? ' ' ? ? L ' _ \ ? vnrvnerl Dwoo -ae E- 141I I I I ? ? : y ? r = ' „ ? ? 1 C ,3 ?i '?-_-?1;,)-. ?ar E:I?S C 10 `p?"p ( l? ? au? r?oaucoc?? ILS _=y?? yN i? ii D-15 D 23 y? weac'r i / J - B -25 ? 16 ; l y -?1] i 7 D ?' .JIi `? GARDEN --T; , ? 9i??'/I /. C-'I / y lQ28?J , 'III D-26 ?J 7??"?' 7 Q J II ?'1r-?- --? J-12 j -13 h f--? ; a 7.c?k T > N?w?? '?J'24 ?ii ?/ . -_.1. \1 i l? r 0.CRC5\ ._ -. : ?? ?• ? f I7 ?.?/ ?? l a ? \ \ ?,/ B. 39 ?g j ?? ? T ?. ?J-.16 ? J J? -Bt'{---1? - ' ?. ? a?_. . ? ? I ?-6 ? t .J 10 I I ??..? ? --? J 23 ? vLAnatnwn ? ? ? . \---? I ,L.. 1 J IIIJ-15 AC29?- vr??Q? '-AJ`? J-63J 62 \ f?.? I ? ^ 21 /?. ? . J-32 / 1 y\ ` 7-I -V=2 1 /A i _.: :. , 3 6 -.•. ?` ? --, - 3 ?} ?.. V- . . ? . ? • : . ;;::., ;. :r: `\ ? ? ? ??..-? r ( ?ifi: i}::'._ •;., ::•:.?:: {:::. "? it J ?_HNOALE ; / B'34 f,'••••••S:••••..?•:•iv:: , / . ????:'•r' •;\:•f:}V?w: N't:'t}}:' 'it ? / J /:, ? :,.:: : ?i ?r • ?:::j:; cj %?>::•ri•: ;::.:: J-67 ,; I rk=21?; J-4E B - 6 ?i;::;: •' _ ic??i ?:, , : ::? ?'`•`::'#:::`::'?'`'::::'::: ' ::?.. -? I ) . ' _ •' ?- 8 35L ? , ? ?•.k . J-49 L-4 '-?r lc.. f . <••. . ?' I, ?- ?I? \ J 55 ?r B-5 k i r_iv ? F - _ 8-36 Y- 3' 77, d50 ? ? B-3 ? L 7 ?A-35 :r? ? zl ?8 9 ? J-65,'?-?? B-7 ??L J B-zS,? J-52 . -51 -iL-I3 T1 .l vOWER J'C r / ?Jy?rv CA '? ? ? ...__`j?.L..21-L L..24 - `L' __- ????, ._,13-14 k.: 'L '. LII ...L-I' t?-+^ A \r ??Wy \ ?I I ?GW:S` N 3rfa'?]?'.II ? l ?-. .. ? 452???tr -?-?I ?"'B??i"L, s .??\ ?? ?c`?'?a??-s ?? a ? ??I ,% 1?? •,19f i -T_,-? $- 2 .-?- •?_, .?-..? _'- ' ? ? ? ? t ? . ?_f, °• ., ,?? L ? g L-60 ? ? -59 ?0.? M+. \ ?????' "- L I6 ?.r.P 8-I8 l . I L 36 ?•. r B_19 DqKOTA L 58 -? ?? ! >>'z ?-?-? _`----' ? , PcaK / ?'61 L'62 L-43 ?;?,? L41 ? ? T_ \ ? 1 ?( `L=38? xCE rIoN ?a? -.?4uoe?? - ? L-63,( \ ? ° L 49/ ?c>Rft?( ? ?n, ?L-64/ L-47 ,-? ?/' \ ?ll 3 / ? ___.. _. _ -- - ------- -? ----- - - - - _----- ?J ? n, _ ___--- - -- ---------------- -- __ ----------?-'-n-- -'-.]-? -??[.---?`?1" --?---- ---------------------- -- ------- - ?+ -76 .. -- -?? ??? -------?? ----_---_ -_----- -? 3Z IR ---?._._________------?J ?? y /? ----- ------._-._.---------- ? - -- ---- ------ __-- -------- --- ----- ` ?/??' _ .. . _ ?,?, J/ ,/?=??'?? ___ __ _ -- - -- - -?--- - -- - , • ??. __ _- _._ __-- ? -- ?7 . d • ?? ? v?! //h . . STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST NDICIAL DISTRICT FII,E N0. Anthony Caponi, Plaintiff, vs. COMPLAINT City of Eagan, Defendant. Plaintiff, for his claim against the defendant, states and alleges as follows: 1. That the plaintiff is the owner of a parcel of land located in the Southeast Quarter of the Southwest Quarter of Southeaet Quarter of Section 22 and in the Southweat Quarter of the Southeast Quarter of the Southeast Quarter of Section 22 conaisting of approximately 20 acres, and identified as parcels 0010-80 and #010-84 on page 8 of Exhibit l which is attached hereto and made a part hereof. II. That on July 17, 1984 the City Council of the City of Eagan approved the project identifled in the attached Exhibit 1 under Council File No. 49311, said project being identified as the Patrick Eagan Park/Bizch Park Addition Trunk Stoxm Sewer Outlet Pro3ect No. 411, Eagan, Minnesota. III. That the motion adopting the report did not specify whether or not it included the adoption of the assessment roll contained in the report; although the Mayor alluded to a future asaessment hearing. 1 .37 IV. That the plaintiff protested the assesament at the henring on July 17, 1984. V. That said assessment unfairly, illegally and arbitrarily assesaes Che property of the plaintiff. VI. That the property of the plaintiff will receive no benefit from the improvements described in Exhibit 1. VII. That the City of Eagan anticipates a project coet of $240,960 for Project 411 and anticipates revenue from the assesaments of $343,289, thereby assessing said project. at $102,329 more than its cost. VIII. That among the objectives of the Project Vo. 411 is the draining of a pond in the Southwest Quarter of Section 22 described in Exhibit 1 as JP-7, which pond handles atorm water runoff from portions of Hllltop Estates, a platted residental area located in the Southwest Quarter of Section 22. That Hilltop Eatates and none of the other land in the Southwest Quarter of Section 22 la proposed to be assessed in conjunction with Project No. 411. WFiEREFORE, plaintiff demands judgment as follows: 1. Adjudging that no assessment be imposed upon the plaintiff's property by virtue of Project No. 411. 2. Adjudging that no assessment be permitted for Project 411 beyond the actual coat of the improvement. 3. Adjudging that the Southwest Quarter of Section 22 and any other 2 -5O area specially benefited by the proposed improvements contained in Project No. 411 be included in the area to be assessed for Project No. 411. 4. For such other, further and different relief as to the Court may aeem juat. ROONEY & NEILSON, LTD. $Y %iz Z ti THOMAS J. R007Y ? Attorneys for Plaintiff 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 (612) 224-3361 3 0? STATE OF MINNESOTA COUNTY OF DAKOTA Thomas J. Rooney, vs. City of Eagan, ?CCk` Ca?? 01, Z " es Plaintiff, Defendant. 9•, q 'I p. M. DISTRICT COURT FIRST NDICIAL DISTftICT FILE N0. l ? : To,? tk ales _ (ow? Coi Ber+? ? U e MMO S 0 S ? THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANT: You are hereby summoned and required to serve upon the Plaintiff's attorneys an answer Co the Complaint which is herewith served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of aervice. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. ROONEY §-NEILSON, LTD. BY \/ LL!/ U t/ k-? % THOMAS J. AOONE Attorney ProSe 1170 Northern Federal Bldg. St• Paul, Minnesota 55102 (612) 224-3361 STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST NDICIAL DISTRICT FILE N0. Thomas J. Rooney, Plaintiff, -vs- COMPLAINT City of Eagan, Defendant. Plaintiff, for his claim against the defendant, states and alleges as follows: 1. That the plaintiff is the owner of a patcel of land located tn the West One Quarter of the Southeast Quarter of Section 22, consisting of approximately 11 acres, and identified as parcel 11012-86 on page 8 of, Exhibit 1 which is attached hereto and made a part hereof. II. That on July 17, 1984 the City Council of the City of Eagan approved the project identified ln the attached Exhibit 1 under Council File No. 49311, said project being identified as the Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Project No. 411, Eagan, Minnesota. IIt. That the motion adopting the report did not specify whether or not it included the adoption of the assessmenC roll contained in the report; although the Mayor alluded to a future asseasment hearing- IV. That the plaintiff protested the assessment at the hearing on 33 July 17, 1984. V. That said assessment unfairly, illegally and arbitrarily assesses the property of the plaintiff. VI. That the property of the plaintiff will receive no benefit from the improvements described in Exhibit 1. VII. That the City of Eagan anticipatea a project cost of $240,960 for Project 411 and anticlpates revenue from the assesaments of $343,289, thereby assessing said project at $102,329 more than its cost. VIII. That among the objectives of the Project No. 411 is the draining of a pond in the Sauthwest Quarter of Section 22 described in Exhibit 1 as JP-7, which pond handles storm water runoff from portions of Hilltop Estates, a platted residental area located in the Southwest Quar[er of Section 22. That Hilltop Estatea and none of the other land in the Southwest Quarter of Section 22 is proposed to be assessed in conjunction with Project No. 411. WHEREFORE, plaintiff demands judgment as follows: 1. Adjudging that no assessment be imposed upon the plaintiff's property by virtue of Project No. 411 2. Adjudging that no assessment be permitted for'Project 411 beyond the actual coet oF the improvement. 3. Adjudging that the Southwest Quarter of Section 22 and any other area apecially benefited by the proposed improvements contained in Project No. 411 be included in tlie area to be assessed for Project No. 411. ..3 zl 4. For such other, furttiec and ditferent re11eE as to the Court may seem just. & NEILSON, LTD. BY Attorneys ProSe 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 (612) 224-3361 3J C? REPORT ON PATRICK EAGAN PARK / SIRCH PARK ADDITlON TRUNK STORPvi SEWER OUTLET PROJECT N0.411 ? o EAGAN, MIfVNESOTA FILE N0.49311 - Bm"AW, Radoww, Y4.dzidda y,fr. • EXHIBIT 1 C 13 ssss w. st. n..< sa„s PA...- 612-636•4600 June 21, 1984 7q.rd.t.4-lz dr yQ J.r.c. ? p OnoC. Bo.n?roo. P.E. RoDrn W. Ro+mr, P.E. lw1yA C. ,InGnlik, F.E. Srad/orOA. LrmMq. P.E. RtrhaME. Turnrr, P.E. lomoC.OUOn, P.E. Chwn R. Caet. P.E. Xnrl A. Gordow, F.E. TAo,nu E. No?,, Y.E. FkA.rd W. Fw,n, P.E. RoMrcQ Srhvnanr. P.E. M.nin L. Sarvvle, P.C. Doe.mc. e.irero?, P.E. Jary A. BouMOn, P.E. Mai4 A. Hanron. P.E. TN!(. fir1J. P.E. MkAaN T, Ranmonn. P.E. ReDm R. pJr/Jr.k, Y.E David Lor#om, P.E. CAaNm A. EiirRm+ L. AI. Pa.H,tr Haden M. 06w Honnrable Mayor and Council City of Eagan 3830 Pilnt Knnb Road Eagan, Minneso[a.55121 Re: Patrick Eagan Park/Birch Park Additinn Trunk Storm Sewer Outlet Project 411 Our File No. 49311 Dear Mayor and Council: Transmitted herevith is our report for Patrick Eagan Park/Birch Park Addition, Project 411. This report covers trunk storm sewer and includes a preliminary assessment roll. \ We wo41d be pleased to meet with the Council and other interested parties at a mutually cnnvenient [ime to discuss any aspect of this report. Youis ver truly, BONESTR , OSEN , ANDERLIK 6 ASSOCIATES, INC. t,?? Mar . Hanson MAH:li ' I hereby certify that this report was prepared by me or under my direct aupervision and that I am a duly Registered Profesaional Engineer under the laws of the S e o Minne a. _ Mark A. Han on Da[e: June 21, 1984 Reg, No. 14260 AppLOVed b? homas A. Colbert, P.E. Director nf Public Works Uate: i '- 0 1560c ? SCOPE: This project provides for the construction of trunk s[orm sewer from Pond JP-6 and Pond JP-9 (McCarthy Lake) to Pond JP-11 (Hurley Lake) as desig- nated in the Comprehensive Storm Sewer Plan. Pond JP-6 is located in the ex- iating Windcres[ Addition which is presently being replated as Birch Park Ad- dition. Pond SP-9 is located in Patrick Eagan Park. FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering atandpoint and is in accordance with [he Comprehensive Storm Sewer plan for the City of Eagan. The project as outlined herein can best be carried out as one contract. DISCUSSION: Trunk storm sewer proposed herein provides for constructing grav- i[y e[orm sewer from Pond 1P-6 to Pond JP-11 and from JP-9 to Pond JP-I1 as ahown on the attached drawing. As part of the 1978 Comprehensive Storm Sewer C Plan it wae proposed [hat Pond JP-b outlet by a pumping facility (L.S.-12) to Pond JP-10 which in turn would discharge by a gzavity storm sewer to Pond JP-9. Pond JP-9 would then outlet by a pumping facility (L.S.-13) to Pond JP-11, However, since this time the Department of Natural Resources has re- cently established normal water levels for Pond JP-6 and Pond JP-9 at 818.7 which is considerably higher than proposed'in the Comprehensive Storm Sewez Plan. As a result, it now becomes feasible to outlet Pond JP-6 and Pond JP-9 to Pond 1P-11 by gravity etorm sewer thus eliminating two pumping facilities. As part of the 1984 Comprehensive Storm•Sewer plan Update a computer analysis was done to evaluate [he effect of raising the normal water levels of these ponds and its effect on the high water level based on a 100 year storm. As part of thia analysis, the high water level for Pond JP-6, 8, 9, 14, 11 and 49 was de[ermined to be 830.00. It was also assumed Pond JP-7 would discharge (.." directly into pond ,IP-8 thus by-passing Pond JP-38 as shown on [he a[tached Page 1. 1560c ' ` storm sewer layout d:awing. It ia anticipated that an outlet for Pond JP-38 will not 6e required for some time since it will never incur any additional runoff except that which is directly tributary to it. Therefore, the impact of a high wa[er level of 830.00 for the area north of Hilltop Estates is not aignificant and can be incorporated into the design of future plats. In sum- mary, construction costs for the proposed gravity system are nearly equal [o providing two pumping stations with a force main, as a result, a considerable cost eaving to Lhe City can be realized in long term operation and maintenance. Construction proposed herein includes a gravity storm sewer 15 inch and 18 inch in diameter as shown on the at[ached drawing. It is proposed that grav- ity storm sewer from Pond ,IP-6 to Pond SP-11 parallel the Wescott Trunk Sani- tary Sewer being construc[ed as part of City Contract 84-2. Trunk storm sewer from Pond JP-10 to Pond ,7P-9 is proposed to be cons[ructed within the right- of-way of a future s[reet of Parcel 011-04 which will ultimately connect to Westbury Addition. It ia not proposed to construct an autlet pipe from Pond JP-10 a[ this time since it does not incur any additional runoff from existing or propased future developments. EASEMENTS: It is proposed the gravity s[orm sewer be constructed vithin the exieting easement acquired acrosa Parcel 011-04 aa part of the Wescott'Trunk Sanitary Sewer, City Contract 84-2. It is proposed an additional easement be acquired for s[orm sewer constructed southerly from Pond JP-10 to Pond JP-9. Page 2. 1560c C AREA TO BE INCLUDED: - CONSTRUCTION AREA ASSESSMENT AREA NE 1/4, SECTION 22 NE 1/4, SECTION 22 Parcel 011-04 Parcel 010-02 Parcel 012-04 Parcel 011-04 NW 1/4, SECTION 22 WINDCREST ADDITION Parcel 012-26 Ou[lo[ B, C Parcel 013-26 WINDCREST 2ND ADDITION• Parcel 014-26 Outlot E Parcel 010-27 Parcel 020-27 Parcel 030-27 Parcel 040-27 SE 1/4, SECTION 22 Parcel 013-75 Parcel 014-75 Parcel 011-75 C Parcel 020-75 s Parcel 012-76 Parcel 011-76 parcel 031-76 Parcel 010-77 Parcel 010-80 Parcel 010-84 Parcel 012-86 Parcel 011-85 Parcel 011-86 SKOVDALE Lot 1-7 SKOVDALE N0. 2 Lot 1-5 WINDCREST ADDITION Outlot B, C WINDCREST 2ND ADDITION Outlot A, B, C, D, E, F W. SCHMIDT ADDITION Lot 1 6 2, Blk, 1 ? Page 3. 1560c ., 0 ? COST ESTIMATES: De[ailed cost estimates are presented in Appendix A located a[ [he back of this repott. The Cotal estimated project cos[ is $240,960 which includes contingencies and all rela[ed overhead. Overhead costs are es- [ima[ed a[ 27% and include legal, engineering, administration and 6ond inter- es[. ASSESSMENTS: Assessmenes are proposed to be Levied against the 6enefitted property. A preliminary assessment roll is included at the back of this re- port. Storm sever proposed herein is considered [runk. IC is therefore proposed to assess trunk area storm sewer to those parcels shown on the a[[ached draw- ing. Trunk area assesament rates in effect at the time of this report are as follows: ? Trunk Storm Sewer - Single Family $0.045/sq.ft. • REVENUE: Revenue sources to cover the cos[ oE this project are as follows: Project Trunk Cose Revenue Fund Balance Trunk $240,960 Trunk Area Assessments ' $343,289 $240,960 $343,289 +$102,329 • It is anticipated a surplus of $102;329 will result in the trunk atorm sewer fund, 1560c Page 4. ? PROSEC'P SCHEDULE Presen[ Peasibility Report Public Hearing Approve-Plans and Specifications Open Sids Avard Contract Construc[ian Completion Final Assessment Hearing Fitst Payment Due with Taxes 1560c Page 5. June 19, 1984 July 17, 1984 July 17, 1984 August 3, 1984 August 7, 1984 Pall, 1984 Spring, 1985 Spring, 1986 C C ? APPENDIX A PATRICK EAGAN PARK/BIRCH PARK ADDITION TRUNK ST02N SEWER OUTLET PROJECT N0. 411 1,450 Lin.ft. 18" RCP Storm sewer @$40.00[lin.ft. $ 58,000 2,490 Lin.ft. 15" RCP S[orm sewer @$25.00/lin.E[. 62,250 13 Each Std, 4' dia. MH w/casting @$1,100.00/each 14,300 160 Lin.ft. MH depth greater than 8' dp. @$90.00/lin.ft. 14,400 1 Each 18" RCP F.E. w/trash guard @$700.00/each 700 4 Each 15" RCP F.E. w/trash guard @$600.00/each 2,400 40 Cu.yds, Rock rip rap @$$0.00/cu.yd. 3,200 600 Cu.yds. Rock stabilization below pipe @$10.00/cu.yd. 6,000 LUMP SUM Clear b grub trees @$3,000.00/L.S. 3,000 3,940 Lin,ft. Mechanical trench compaction @$p.94/lin.ft. 3,690 8.5 Acre Seed w/fertilizer & mulch @$1,500.00/acre 12,750 To[a1 $180,690 +5% Contingencies 9,040 $189,730 +27X Legal, Engrnp., pdmin, 6 Bond Interest 51,230 TOTAL ........................................... $240,960 1560c Page 6. C PRELIMINARY ASSESSMENT ROLL APPENDIX B PATRICK EAGAN PARK/BIRCH PARK ADDITION TRUNK STORM SESdER OUTLET PROJEC'P N0. 411 r Parcel Area Credit Assessable To[al Descrip[ion (sq.ft.) (sq.ft.) Area (sq.ft.) Rate Assessment NE 1/4, SECTION 22 010-02 3.89 Ac. Large Lot 3.89 Ac. $743/Ac. $ 2,890 011-04 1,873,080 Pond 91,476 1,425,284 $0.045/s.f. 64,138 . Future R/W(20%) 356,320 TOTAL $67,028 NW 1/4, SECTION 22 C 012-26 - Eagan 771,184 Future R/W(20%) 154,236 616,948 $0.045/s.f. $27,763 a 013-26 - Eagan 435,600 Future R/W(20%) 348,480 $0.045/s.f. 15,682 87,120 014-26 - Dak. Co. 370,260 --- 370,260 $0.045/s.f. 16,662 010-27 188,740 Future R/W(20%) 150,992 $0.045/s.f. 6,795 37,748 020-27 200,000 Future R/W(20%) 160,000 $0.045/s.f. 7,200 40,000 - 030-27 113,076 --- 113,076 $0.045/s.f. 5,088 040-27 174,492 Future R/W(20%) 139,594 $0.045/s.f. 6,282 34,898 ? TOTAL $85,472 1560c Page 7. C C Parcel . Area Credit Asseasable Description (aq.ft.) (sq,ft.) Area (sq.ft.) SE 1/4, SECTION 22 013-75 289,670 St. R/W (20x) 231,736 57,934 015-75 4.75 Ac, Large Lot 4.75 Ac. 020-75 2.85 Ac. Large Lot 2,85 Ac. 011-76 2.7 Ac. Large Lot 2.7 Ac. 012-76 209,088 St. R/w (20%) 167,270 41,818 031-76 226,512 St. R/w (20%) 181,210 45,302 010-77 293,276 St. R/w (20%) 234,621 58,655 010-80 413,820 St..R/W (209) 331;056 82,764 010-84r 413,820 St. R/W (20X) 331,056 52,764 012-86 449,374 St. R/W (20%) , 359,499 89,875 011-85 4.75 Ac. Large Lot 4.75 Ac. 011-86 4.75 Ac. Large Lot , 4.75 Ac. Total Rate Assessment $0.045/sq.ft. $10,428 $743/Ac. 3,529 $743/Ac. 2,118 $743/Ac. 2,006 $0.045/sq.ft. 7,527 $0.045/sq.ft. 8,154 $0.045/sq.ft. 10,558 $0.045/sq.ft. 14,898 $0.045/sq.ft. 14,898 $0.045/sq.ft. 16,177 $743/AC. 3,529 $743/Ac. 3.529 $97,351 \ 1560c Page 8. J ??-('<cct.i+4L. A ( Parcel Area Credit Assessable To[al Description (sq.ft.) (sq.ft.) Area (sq.ft.) Ra[e Assessment SKOVDALE c`°I? Y L t 1 a. 7?Ac ? 7P Re- ?c ;;2 0 65.5'1 o r ,?. ?r Large Lot 14-.BS?ac. $743/ac. -$??-- -Lot-2 ---- - z:$5-ec:- -4,arge-Lot 1.85-se. $-743{ee. ?? a- 73'/Ie. a.78 /# ? *aobs.s`1 Lot 34 1- Large Lot rDFi-S-ac_ $743/ac. Lo[ 4 1,85 ac. Large Lot 1.85 ac. $743/ac. 1,375 Lot 5 1.85 ac. Large Lot 1.85 ac. $743/ac. 1,375 ce. I - 7 4'3 =10t--6- 1.85 ac. Large Lot 1.85 ac. $743/ac. -k--,34-5- oG i- - 74,3/ /9c 7</3 Lot 7 0' 36;688- Large Lot /16;-5 09-s-?t- $0.045/s. f. /1,4r3- ,{1 74, 73 Y /. 74 A e3 1 3 c+ 7. 6 y TOTAL 9 c 7s? ?? SKOVDALE N0. Z S?` C. Lo[ -Y- 3.7 ac. Large Lot 3.7 ac. $743/ac. $ 2,749 , Lot -?--`? 1.9 ac. Lerge Lot 1.9 ac. $743/ac. 1,412 i Lot 3--? 2.0 ac. Large Lot 2.0 ac. $743/ac. 1,486 0• • Lo[ -k - >- ? 1.9 ac. Large Lot 1.9 ac. $743/ac. 1,412 Lot S' 29,070 s.f. Large Lot 16,500 s.f. $0.045/s.f. 743 TOTAL $ 7,802 WINDCREST ADDITION Outlot B- Eaean 348,480 Pond 100,000 198,784 $0.045%s.f. $ 8,945 St. R/W(20Y.) 49,696 Outlot C- Eagan 209,088 Pond 74,600 108,070 $0.045/s.f, 4,863 St. R/W(20%) 27,018 TOTAL $13,808 \ Page 9. 1560c ' C \ ? . Parcel , Area Credit Deacription (sq.ft.) (sq,ft.) WINDCREST 2ND AUDITION Outlot A 18,757 --- Outlot B 378,972 Se. R/W(20%) )5,794 Outlot C 9,180 --- Outlot D 335,412 St. R/w(20Y.) 67,082 Outlot E 378,972 Pond 38,000 St. ft/W(20%) 68,194 Ou[lot F 705,672 Pond 130,000 S[. R/W(20%) 115,134 TOTaI, W. SCHMIDT ADDLTION Lot 1 24,361 Large Lot Lot 2 2,$5 Ac. Large Lot 1560c Asaessa6le Total Area (aq.ft.) R a te Assessment _ _ 18,757 50.045/s.f. $ 844 303,178 $0.045/s.f. 13,643 9,180 $0.045/s.f. 413 268,330 $0.045/s.f. 12,075 272,778 50.045/s.f. 12,275 460,538 $0.045/s.f, 20,724 $ 59,974 24,361 $0.045/sq.ft. $ 743 2.85 Ac. $743/Ac. 2,118 $ 2,861 NE 1/4, Section 22 • $ 67,028 NW 1/4, Section 22 85,472 SE 1/4, Section 22 97,351 Skovdale . 8,993 Skovdale No. 2 7,802 Windcrest Addi[ion 13,808 Windcreat 2nd Addition 59,974 W. Schmidt Addition 2,861 ToTAt ........................... $343,289 Page 10. C C N W L-815.7 Hwi _Aln n : ? PATRICK EAGAN PARK / ?. • II BIRCH PARK ADDITION TRUNK STORM SEWER OUTLET EAGAN, MINNESOTA IY V R 1 ly 0 400 B00 SCAI.E IN FEET BONESTROO, ROSENE, ANDERLIK 8 ASSOCIATES, INC. Coneultinp Enplneere St. Paul. Mlnn. Data: JUNE, 1984 ? PROJECT Comm. 49311 I N0.411 .. . ? C L_ ?. _. _.. H a? _1 oF ? PLAZA ,IEAV:P; ? . .?. _!?. ? --;,EX. LIFT STA. 14 _-- ?_. ? JP I %\'% F:.h JP-8 i._. . . . . . ... ... . ..... .. N 0 . R T H _ . ..... „ _. 0 1000 2000 ? SCALE IN FEET PATRICK EAGAN PARK / BONESTROO, ROSENE, ANOERLIK 6 ASSOCIATES, INC. C= BIRCH PARK ADDITION Coneulting Enplneera STORM SEWER LAYOUT St. Paul, Minn. Date: JUNE, i964 pROJECT POND JP-6, 7, 8, 9, 10, 11, 38, 47, & 49 Comm. 49311 N0.411 }•?'i ? ,. I ? ? H f 1 ?. _ 1'- i- ? - ---?__ . -- ? SINGLE FAMILY f2ATE PATRICK EAGAN PARK / ? BIRCH PARK ADDITION TRUNK AREA STORM SEWER EAGAN, MINNESOTA N 0 R T H a- 0 1000 2000 r I -? SCALE IN FEET BONESTROO, ROSENE, ANOERLIK d ASSOCIA7ES, INC. Consuiting Englneere St. Peul, Minn. " Date: JUNE, 1984 IF PROJECT Comm.49311 N0.411 -I LEGEND 1- APPRAISAL REPORT -of- 1240 DEERWOOD DRIVE EAGAN, MZNNESOTA -for- CITY OF EAGAN PRoz- /j?2c,?ro /0 -07.200 -ON4_5S -as of- JUNE 28, 1989 RAY CONNELLY REALTY 8rokerage and Appraisals 12904 Nicollet Avenue ° . Burnsville, MN 55337 ? (612) 890-2130 6ab?A A , REALiOR`" RAY CONNELLY REALTY Brokerage and Appraisals (612) 890-2130 June 27, 1989 City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Bergin Property 1240 Deerwood Dr. (Project 473) Eagan, MN 55123 Gentlemen: Pursuant to your request, I have made an appraisal of the above property for the purpose of estimating the Fair Market Value both before and after City of Eagan's Project No, 473. The property is described in the Identification Section of this report. Fair Market Value is defined as the price the property will bring in a competitive market under all conditions requisite to a fair sale, which would result from negotiations between a buyer and seller, each acting prudently, with knowledge and without undue stimulus. The rights of the property appraised are those of fee simple estate only. 12904 Nicollet Avenue • Burnsville, MN 55337 ? City of Eagan June 27, 1989 Page 2 Based upon the information available to me, it is my opinion that the Fair Market Value of the subject property is: Before Project 473: $198,800 After Project 473: $202,100 Respectfully submitted, Ray Connelly Certified Real Estate Appraiser LOCATION• The subject property is located at 1240 Deerwood Drive, in the City of Eagan, County oE Dakota, State of Minnesota. LEGAL DESCRIPTION: The legal description is as follows: North 660' of East 330.2' of West 1/4 of SE 1/4, Section 22, Township 27, Range 23, Dakota County, Minnesota. PROPERTY IDENTIFICATION NUMB&R: The Property Idenification Number is as follows: 10-02200-011-85 DAROTA COUNTY ASSESSOR'S ESTIMATBD MARRET VALUE: The Dakota County Assessor' estimated market value for the subject property is $198,800. REAL FiSTATB TAXES The real estate taxes payable in 1989 are $4,548.98. DESCRIPTION: The subject property is rolling•and heavily wooded. 3 IMPROVEMI3NTS : Improvements to the subject property consist of a single family dwelling. ZONING• Zoning for the subject property is residential. DATB OF INSPECTION: I inspected the subject property in May, 1989. ASSESSMSNT: The undersigned has no knowledge if an environmental assessment has been completed on the subject property. No environmental impact studies were requested or conducted in the completion of this report. The undersigned has no knowledge of whether the property has been used for storage or disposal of any hazardous substance, or high concentrations of pollutants or contaminants, as defined in 42 U.S.C. Sections 6903, 6921 or in the so-called "Minnesota Super Fund Act" (M.S. Chaper 115B); and the owner has no knolwedge or belief that any other person has so used the property. 4 The undersigned has no knowledge of whether or not there is the presence of radon on the subject property. PURPOSE OF THE APPRAISAL: The purpose of this appraisal is to determine the Fair Market Value of the subject property, before and after the City of Eagan's Project 473. Fair Market Value is defined as the price which the property will bring in a competitive market under all conditions requisite to a fair sale, which would result from negotiations between a buyer and a seller, each acting prudently, with knowledge and without undue stimulus. Regardless of the exact wording of the definition, Fair Market Value contemplates the consummation of a sale and the passing of full title from seller to buyer by deed, under conditions whereby: 1. Buyer and seller are free of undue stimulus and are motivated by no more than the reactions of typical owners; 2. Both parties are well informed or well advised and act prudently for what he considers his 5 own best interest; 3. A reasonable time is allowed to test the market; and 4. Payment is made in cash or in accordance with financing terms available in the community for the property type in its locale. 6 AREA ANALYSIS• The subject property is located in the City of Eagan, which is located approximately ten miles south of the Minneapolis/Saint Paul downtown area. The 1988 estimated population of the area is 2,200,321 and the population is increasing. The Twin Cities are located on the Mississippi River, and the metropolitan area encompasses the Minnesota River. Both Minneapolis and Saint Paul have major urban renewal projects in progress. The community is served by an excellent trans- portation system which includes 9'railroads, 12 buslines, and major interstate freeway systems. This area is also served by river barge traffic on the Minnesota River. The Army Corp of Engineers maintains a 9 foot channel for this purpose. This excellent system has aided in establishing the area as the largest distribution and wholesale center in the Upper Midwest. The area is also served by an excellent airport which is one of the largest in the nation. There are 6 national airlines, 10 regional and commuter air carriers, 10 air cargo airlines and 20 charter airlines serving this area. The airport is easily 7 accessible due to the extensive freeway system. There are many fine colleges and universities in the area, including the University of Minnesota which has an enrollment of over 50,000 students. This area is also served by many vocational institutes and community colleges. The communications system serving the area consists of 2 daily newspapers, with many weekly papers serving the various suburbs and surrounding areas. There are approximately 35 radio stations serving the area with 5 television stations and an extensive cable network. The metropolitan area includes 22 lakes, with many parks which offer a multitude of recreational facilities for the entire family. This area is represented in professional sports by the Minnesota Vikings, Minnesota Twins, North Stars, Monarchs and next year, the Timberwolves. In addition, the area is the cultural center of the Upper Midwest with the Saint Paul Chamber Orchestra, the Minnesota Orchestra, the Walker Art Institute, Minneapolis Institute of Arts, the 8 Tyrone Guthrie Theater (an excellent repertory theater - one of only four resident repertory theaters in the nation), the new Ordway Music Theater, and many other theaters and museums. There are many attractions which directly affect the area surroundinq the City of Eagan. The Minnesota 2oological Gardens is located in Apple ? Valley and covers 480 acres. The zoo's design has set new standards for exhibits, cost in excess of $30 million dollars to build and has approximately 900,000 visitors a year. Valley Fair, a 7-Flags type amusement park located in the Community of Shakopee was opened in 1976 and draws over one million visitors a year. Canterbury Downs, the $67 million dollar horseracing track across the street from Valley Fair, opened in June, 1985. Canterbury had 125 days of racing in 1987 and drew over 1,107,000 visitors. Other attractions in this area include the Minnesota Renaissance Festival, Murphy's Landing and the Chanhassen Dinner Theatre in Chanhassen. All of these attractions has caused a great deal of attention and activity to be focused in the Dakota/Scott counties area. 9 CITY AND COUNTY AljpiLYSIS: Eagan is situated in northern Dakota County, and in terms of physical size, it is.a relatively large community. The city encompasses an area of approx- imately 35 square miles, or 22,440 acres. Eagan is in the second tier of suburbs of the metropolitan area. Eagan's population has increased over 100 percent in the last 10 years. The 1988 estimated popula- tion is 42,556, compared to a population of 3,382 in 1960, 10,398 in 1970 and the 1980 population was 20,700. Eagan is the fastest growing suburb in the Twin City area. When Interstate 35E was opened in 1985 and 1-494 in 1986, commercial and residential developers started looking to the Eagan area. There are many develop- ments of shopping centers, residential and office space being proposed. Only 508 of the available land in Eagan has been developed. Several large companies are located in Eagan. Northwest Airlines has a new 300,000 square foot headquarters with plans to expand, Cray Research plans to build a new facility of 1,200,000 square 10 feet and Wachovia Bank and Trust is building a 94,500 square foot office/warehouse. Other large companies located in Eagan are Unisys, West Publishing. U. S. Postal Service's bulk mail facility, Coca Cola Bottling Corp., Blue Cross Blue Shield of Minnesota and United Parcel Service. Eagan is served by three school districts, Burnsville, Rosemount and West St. Paul. The cirriculum for the three districts includes emphasis on math, science, music, and computer literacy. The Board of Education for the Rosemount School District recently approved the construction of two new schools. The Eagan High School and Dakota Hills Middle School will be constructed at Diffley Road and Lexington Avenue. There has been a tremendous increase in residential building, due to the opening of I-35E which made Eagan accessible to downtown St. Paul and I-494 which permitted easy access to Minneapolis, Richfield and Bloomington. Easy access is also provided to the Minneapolis-St. Paul International Airport using the Cedar Avenue bridge. There is a mayor/council £orm of government with 11 the administration being handled by a City Administrator. There is adqueate fire and police protection. There are churches of all major denominations, plus amenities to afford the Eagan citizens a comfortable lifestyle. Dakota County is growing rapidly, with an estimated 1988 population of 254,017 compared to the 1980 census of 194,279. Dakota County was the fastest growing metropolitan county with a 24 per cent increase in the seven-year period. Along with the population growth has come the expansion of business and industry to provide the goods, services, and employment necessary to serve the population. HIGHSST AND BEST USE "Highest and Best Use" is defined as that use which will tend to produce the highest net return, or that use which will tend to produce the highest present value. It is my opinion that the highest and best use of the subject property is the present, or single family residential. 12 APPROACHES TO VALUE: There are three recognized approaches to value; the Sales Comparison, Income, and Cost Approaches. The Cost Approach utilizes estimating the replacement cost now of the improvements deducting for diminished utility of these improvements due to wear and tear and obsolescence, and adding the value of the land. The Income Approach utilizes capitalization of the income stream to obtain an indicated Market Value. The Sales Comparison Approach compares the subject property with similar properties which have recently sold, makinq adjustments for dissimilarities between the subject and comparable property to obtain an indicated value of the subject property. When reliable sales data is available, this approach is considered very reliable in that it reflects the actions of buyer and seller in the current market place. For purposes of this appraisal. I have used the Cost Approach. 13 COMMENTS AND CONCLUSIONS: I have attempted to determine if the cost of the assessment will increase the value of the subject property. Because of the rainfall in our region, there has to he a method of handling the runoff. One way would be to have individual landowners pond in some manner to retain the water. Since this is neither feasible nor practical, developing communities install storm sewer systems. The storm sewer system has equal benefit for all, because adjacent properties get a similar amount of rainfall. It is my opinion that having the storm sewer in place will increase the marketability of the property, and thus it is a benefit. I considered the fact that any prudent buyer would be aware of a pending assessment, and would adjust the purchase price accordingly. Before placing a mortgage on a property, a mortgage company would check for pending assessments, and would escrow funds to cover the amount. Therefore, in effect, the value of the property is increased by at least the cost of the assessment. 14 CORRELATION OF VALUBs In determining value, I considered that the value of the dwelling was unchanged, but that the overall value of the land was increased by the amount of the assessment. Before Value - $198,800 Cost of Assessment - $ 3,300 After Value - $202,100 15 POPULATION 1980 to 1988 Population Growth Pop. City County 1980 Pop. 8 Incr $ Incr 1988* 1980-88 Per Yz Apple Valley Dakota 21,818 31,674 45 5.6 Burnsville Dakota 35,674 46,687 30 3.7 Eagan Dakota 20,700 42,556' 105 13.1 Farmington Dakota 4,370 5,350 22 2.7 Inver Grove Hts. Dakota 17,171 21,477 25 3.1 Lakeville Dakota 14,790 20,500 38 4.7 Mendota Heights Dakota 7,288 8,680 19 2.4 Rosemount Dakota 5,083 7,420 45 5.6 Dakota County 194,279 254,017 30 3.7 Metro Area 1 ,985,873 2,200,321 10 1.2 Source: Metropol itan Council, 1960 U. S. Census I * Estimated UNDERLYING ASSUMPTIONS AND CONTiNGENT CONDITIONS The property has been considered as though it were free and clear of any indebtedness, liens, or encumbrance; and that the title is good and marketable and competent management is asaumed, unless otherwise stated herein. No responsiblity is assumed by the appraiser for matters which are legal in nature. No survey has been made and it is assumed that the improvements are located within the legally described property and that the buildings comply with all ordinances. Any sketches and pictures in this report are included to assist the reader in visualizing the property. I believe to be reliable the information indentified in this report as being furnished to me by others but I assume no responaiblity for its accuracy. Possession of this report, a copy thereof, or any part thereof, does not carry with it the right of publication, nor may it be used for any purpose by anyone but the applicant or by previous written consent of the appraiser and the applicant and in any event,, only with property qualifications. The appraiser herein shall not be required to appear in court or before any governmental body by the reason of the completion of this assignment without predetermined arrangements and agreements. The distribution of the total valuation in this report between land and improvements, if any, applies only under the existing plan of utilization. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media, without the written consent and approval of the author, particularly as to valuation conclusions, the identity of the appraiser or firm with which he is connected. GENERAL LIMITING CONDITIONS , 1. The appraiser will not be required to give testimony or appear in court because of having made this appraisal, with reference to the property in question, unless arranaqements have been previously made therefor. 2- Possession of this report, or a copy thereof, does not carry with it the right of publication. it may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. 3. The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of this property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 4. No environmental impact studies were either requested or made in conjunction with this appraisal, and the appraiser hereby reserves the right to alter, amend, revise or rescind any of the value opinions based upon any subsequent environmental impact studies, research or investigation. 5. Neither all or any part of the contents of this report, or copy thereof, shall be conveyed to the public through advertising, public relations, news, sales or any other media without written consent and approval of the appraiser. Nor shall the appraiser, firm or professional organization of which the appraiser is a member be identified without written consent of the appraiser. 6. Acceptance of and/or use of this appraieal report constitutes acceptance of the foregoing general assumptions and general limitinq conditiona. 7. The comparable sales data utilized in the report is compiled from what is believed to be reliable sources, and is believed to be reasonably accurate. The appaiser has m.ade a reasonable effort in securing general condition, finishing and construction quality on each of the comparable sales. This effort may also utilize the appraiser's past experiences of similar properties and may or may not include exterior inspection of each •- comparable sale, as deemed necessary by the appraiser. September 18, 1985 Mr. Thomas Colbert Re; Deferred Assessment on Parcel 10-02200-011-85 Dear Mr. Colbert: PR"s 411 ,`??-rs I do appreciate the City's deferring the asaesament puxsuant to the Resolution adopted. My understanding of where I am at is that if the City decidea to conaider installing a trunk atorm sewer outlet on Pond JP-8 I will get a notice of hearing of the meeticSg at which the Council would consider ordering in the improvement. I also understand that if the improvement ia ordered in I would get a notice of a hearing of the meeting adoptiqg the asaessment roll and would have the uaval rights of appeal from the adoption of the assessment roll. Please let me know if my understandirLg is correct. Thank you. Youra very truly, ?J Tli(MAS BERGIN ?. r., CitV OF 3830 PILOT KNOB ROAD. P.O. BOX 21199 B64 BLOts9UI5T EAGAN, MINNESOIA 55721 M?? PHONE: (612) 454-8100 nqnnAS EGAN JAMES A. SMITH JERRV THOMAS OCTOBER 4, 1985 THEODORE WACHTER CWfICY MBfllbBfS MR THOMAS BERGIN T?? aaS?E?a«S 1240 DEERWOOD DRIVE EUGENE VAN OVERBEKE EAGAN MN 55122 Cify Cle'k Re: Project 411, Trunk Area Storm Sewer Parcel 10-02200-011-85 Postponement of Assessment - Deletion From Adopted Roll Dear Mr. Bergin: As you are aware, the Special Assessment Committee reviewed your concerns pertaining to the trunk area storm sewer assessments proposed under Project 411 at their meeting on October 9, 1984. This committee formulated a recommendation for Council considera- tion which was reviewed at the time of the Final Assessment Hearing held on September 17, 1985. As a result of this action, the proposed assessments in the amount of $3,712.50 for the above referenced parcel was deleted from the Final Assessment Rolls for Project 411 that was formally adopted by Council action on September 17. This assessment was then postponed until such time as future development of your property or installation of storm sewer improvements within the overall drainage basin and will provide more direct and immediate benefit to your property for its related surface water runoff. When, and if, this future storm sewer improvement is initiated, it will require a new public hearing process and the related notification to all af£ected properties. However, the rates will be those in effect at the time of that future improvement which may vary the amount of your proposed future assessment_ If you have any questions pertaining to the action of the Council, please feel free to contact me for further clarification. Sincerely, Thomas A. Colbert nirector of Public W rks cc: Gene Van Overbeke, Director of Finance Paul Hauge, City Attorney TAC/jh THE LONE OAK TREE. .. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNIN 240 ozzo cf:) OIl '9?-5 ? 7x6 4xS ?6 TOP CHORD: 2x4 A1 DENSE KD So. Pine BOTTOM CHDRD: 2x8 !EI DENSE KD So. P3ne WESS: 2x4 N3 So. Pine- COI.LA$-TI£: 2x6 fl2 KD So. Pine 2x6 -? 2 5 • 4x6 1 I 16-0-0 7x8 A12 plates ,are to be centered pn the joint, left to right and [op [o bottom, except when located by circle or dimension. See Drawing 130 for "plate locations on typical join[s." Direction of elongated holes in square plaCes must be either hori::ontal or paralle2 wiih the chordS. NOTE: Special handling care should be taken during shipping and erection of [russes. See "WARNING' note below. This truss 1s designed to support additional uniform Ioad on botom chord at open panel only of 40 psf live load. ' NQTE: Bottom Chord splice must be located only where shown. No wane or knots should occur in the plate contact area. * lx4 (`3 Aen:-Fir or 6etter continuous.lateral bracing 7-4-12 2x6 to be equa2ly spaced. Attach +aith (2)-8d nails. 8racing material to 6e supplied by erection con- • [ractor. G. M. STEWART TRL'?SS 925 YAiVKE COQJi.E RCiAD ?--" ST. PAUC, MN 55121 4x8 7x10Jsp1 Sx6 24-0-0 2x8x8`-0" PL?TETYPE ALPINE fURNISH A COPY OF TNIS DESIQN TO EpEGT10N CONTRACTOp SCAI.E=.3 7 SPAPOA7AN7: r rINe ENGU+E[H vK i PN 1 15 WAaNiNG: rnus?saEaw?urnwc , . (D _ OM G fME iN )lM1iLRIG. B?ECTlpf MI? CReC1nQ ' $Y.uy NpT M qE$ppN51B1,E ipi ANY UFY1ATqH FiqY 1H6E r?E ?6'M-T6 IB?LM? WDOO TPU$$G5: SPECIFlGITIONl50PAM'OEVIATIO'1FRCMATip50F_yGMOPTM' COMMENTMIV AND AECOMMENMYIONS - FAILURE TO BULD TME ii1USS IN CONFdiMJINLE WITI ME TRi. $ff TNS DESM.N FON AOOITIONK R T * GONTRMwNWLL'BrTR.ALVWECO?e+ECTONS ME m en?ce enL.rn7fo stc? u?nFSS S>ECIIL FERWNFM BMGwG AEIXH E- wwrs u .nesa on?+mse s?. ror 9vOMmuEEfWG OF +?Siu wK O?pW 9v.tl BE uTEMl1T BiNGEO ??Y ATTAp?ED 0.YWDOD ?PPIY ?OMIEyTORS i0 BOiM FACE$ AT EACM.IbNT WITH ? ? ? O ? ? USS ,?.TE ?5 SiiDwN. eEwFx+G tMWTHS ME 4NDMlwat iwLESS onIEqvnse snovm orsKw sr weuios ca+FOn++ pM°I KahT NWOFIO?E ET0. 40 Orv T tse nns oFSKV+ ? cwE wEruwurt . , vnrr ?ucAeUE ri+oWSrows os wasn uw -rp-re. mewM LweM .? . •TPf- TPVSSPtATEWSTITUT[NOS:NATqNA[DFS'GNS PECKiGRONWAWM)OCONSTNUCiqN. sds - DESIGN CRIT, rre-to 4 0 Q s? a ae .m.r q¢ya?c TC LL: . P$F ?V?+lsiw uY _LC : o 7 0 7C DL: - PSF -+~i?o[ c?v? ?? ?t 6C DL: 10.0 PSF . TOT. LO: 57•0 PSF SPACING 74^O.C. pyW; 518,775 eNC, CJN/DSR an LrN• 24-0-0 PITCH: Varies TvPF: ATTiC oF eagan 3830 PILOT KN08 ROAD. P.O. BOX 21199 VIC ELLISON EAGAN, MINNESOTA 55121 . nnc« PHONE (512) 454-8100 . iHOMAS EGAN aAVID K. GUSTAFSON PAMEIA McCREA SEPTEMBER 27, 19$$ iHEODORE WACHTER CouncilMembers 7HOMA5 HEDGES Ciry W minisfrolor TOM BERG IN EUGENE VAN OVERBEKE 1240 DEERWOOD DRIVE CIN Cierk EAGAN, MN. 55123 RE: Project 473. Final Assessment Objections Pilot Knob Road - Hilltop & Evergreen Park Add. Parcel 10-02200-011-85 Dear Mr. Eergin: On September 19, 1988, the Council held the Final Assessment Hearing for the above referenced project. At that meeting, the completed improvements and their relation to your property along with your related assessment obligation were discussed. Subsequently, you submitted a written objection to the proposed assessments and, as a result, were removed from the assessment roll that was formally approved for certification to the County. Your specific assessment objection has been referred to the Special Assessment Committee for further review and evaluation. A specific meeting date has not been set at this time. It is subject to the City completing a property appraisal to evaluate the benefit received by your property in relation to the amount of the assessments. When this has been completed, a copy will be forwarded to you along with a notice of the Committee's meeting date. Any information (appraisals, comments, etc.) that you would like the Committee to' consider should be forwarded to my attention for inclusion in their informational packet. The Special Assessment Committee will then forward a recommendation back to the Council to assist them in determining a final assessment for formal adoption and certification to the County for inclusion on the property tax statement. If you still have objections at that time, you will have to file a formal objection with the Distriet Court and pursue the appropriate legal process. If this appeal is filed, the certification of your assessment will be held in abeyance subject to the Court's final ruling. - _jNELONE OAK TREE. ..THE SYMBOL Of STRENGTH AND GROWfH IN OUR COMMUNIN Page Two September 27, 1988 It is anticipated that the Special Assessment Committee will meet in late Fall or early Winter (3-6 months). If you would like to review any aspect of this project or the proposed assessment in further detail, please contact me or my secretary and I will be happy to schedule a convenient time. Sincer , ?/ 2 ?? Thomas A. Colbert Director of Public Works cc: Jim Sheldon, City Attorney neanna Kivi, Special Assessment Clerk TAC/jj oF 3830 PILOT KNOB ROAD THOtiuS ECvw EAGAN, MINNESOTA 55122-7897 tmY°f PHONE: (612) 454-$100 DAV1D K. GUSTaF50N FnX: (614) 454-8363 P/MELA WC+EA Pi Lll 2 1990 P TIM PAWLENTY + THEODORE WACHIER CAUnCiI Mem6ers THOMASHEDGES MR TOM BERGIN crtyndminao-aror 1240 DEERWOOD DR EUGENE Vnn OVERBEKE Crty Clerk EAGAN MN 55123 Re: Project 473, Parcel #10-02200-011-85 Dear Mr. Bergin: As you may recall, on September 19, 1988, the City held a final assessment public hearing to discuss the adoption of special assessments against your property for the improvements associated with the above-referenced project. At that time, you had submitted a written objection to the proposed assessments. Subsequently, the City Council removed your particular property from the final adopted assessment roll and authorized its reconsideration based on a formal appraisal to be performed by the City of Eagan. Enclosed you will find a copy of the appraisal as prepared for your property in relationship to the benefits received from the above-referenced improvement. You will note that the appraised value either equals or exceeds the proposed amount of the special assessment. With all other statutory requirements and City policy/procedures properly followed, the City Council will be formally reconsidering the adoption of this special assessment at a formal City Council meeting on May 1, 1990. Enclosed you will find the formal notification for that public hearing. Recognizing that approximately 18 months has lapsed since this issue was last discussed, we felt it would be beneficial if we could review this information with you prior to formal consideration by the City Council on May 1. Therefore, I would appreciate it if you would contact Ms. Judy Jenkins, Engineering Secretary, to schedule an appointment during the last week in April. If, after your review of the enclosed information and our discussion, you still object to the proposed assessment, it will be necessary for you to pursue your concerns with a formal appeal through District Court as outlined in the attached notice. If you have any questions regarding this procedure, they can also be addressed at our scheduled meeting. Sincerel , cc: Joe Earley, Assistant City Attorney > Deanna Kivi, Special Assessment Clerk Z-rct-r.1a 0 omas A. Colbert, P.E. Director of Public Works TAC/jj Enclosure THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNITY Equal Opporiunity/Attirmafive Action Employer