2926 Lone Oak Cir - Public Works Committee Meeting??
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AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday
August 5,1997
3:30 p.m.
City Iiall Conference Room
(2"a Floor)
1. ROLL CALL & ADOPTION OF AGENDA
0 U. BOULEVARD TREE MANAGEMENT
III. VILLAUME INDUSTRIES - STORM WATER
CONNECTION CFIARGE
IV. OTHER BUSINESS
V. ADJOURNMENT
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- city of eagan
lu 1 Dluso]
TO: PUBLIC WORKS COMMITTEE
FROM: CITY ADMIIVISTRATOR HEDGES
DATE: AUGUST 1,1997
SUBJECT: PUBLIC WORKS COMMITTEE MTG/TUESDAY, AUGUST 5,1997
A Public Works Committee meeting has been scheduled for Tuesday, August 5, 1997 at
3:30 p.m. in the second floor conference room at the Eagan Municipal Center. The purpose
of the meeting is to discuss the boulevazd tree management issue that was continued from
the July 29 Public Works Committee meeting and to fiirther discuss the storm water utiliry
connection chazges with representatives of Villaume Industries.
BOULEVARD TREE MANAGEMENT
Several recent factors, including safety concerns of a resident regazding driveway sight line
• obstructions caused by a neighbor's spruce tree in the boulevazd azea, have encouraged staff
to examine the management of trees and other plant material growing within street right-of-
way areas. A recent boulevard iree inventory has indicated that there are and could be a
number of problem areas where trees in the boulevazds obstruct sight lines. Consultation
with the City Attorney's office has indicated that a section of the City Code reauirine the
homeowner to perform tree pruning/removal is invalid and should be removed. Staff is
seeking d'uection from the Council as to whether the City should develop a standazd by
which the City would be responsible to see that maintenance is performed. T'his would be
done by first asking the property owner to do the work. If the property owner does not, staff
recommends that the City would then perform the maintenance, using staff or a contractor,
and the costs would then be assessed to the property owner. The City Code would be
revised to reflect this standard. Enclosed on pages _,B- through _.S, is a copy of a detailed
memo from the D'uector of Parks & Recreation regarding Uus issue.
ACTION TO BE CONSIDERED: To provide a recommendation to the City Council as a
whole for direction to staff regazding the City Code pertaining to boulevazd trees and the
responsibility for their care/removal.
VILLAUME INDUSTRIES - STORM WATER CONNECTION CHARGE
At the July 29 Public Works Committee meeting, staff was directed to provide two (2)
? calculations relative to the storm water connection rates pertaining to Villaume Industries.
Villaume Industries paid $7,405 for an assessment for storm water azea trunk unprovements
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on 8.5 acres of property. Villaume Industries owns a total of 16 acres. Staff has calculated •
the storm sewer trvnk area charge on the remainnig 7.5 acres as a connection charge
obligation at a charge of $39,530.70. 1'he per acre rate in effect in 1970 was $871 and the
per acre rate in effect in 1997 is $5,150.
Staff was directed to calculate the amount Villaume would have paid in 1970 had their
entire 16 acre obligation been satisfied at that time. That amount would have been $13,939,
based on 16 acres at $871 per acre. Given this scenario, the balance due, without any
interest, is $6,534.
A second request was made of staff to calculate an inflation adjustment for 27 yeazs and
what would be the total amount with this adjustment. The Consumer Price Index (CPI) for
all U.S. cities was 1163 in 1970 and 468.8 in 1997 (1967 = 100). Based on the CPI
increase, the balance would be $26,339.
Also enclosed on pages ? through // for review by the Public Works Committee is a
copy of the memo and correspondence that was distributed in the July 29 Public Works
Committee packet for the Villaume Industries item.
ACTION TO BE CONSIDERED: To provide a recommendation to the City Council as a
whole regazding whether Villaume Industries should be required to pay the identified storm
sewer drainage connection chazge or whether some or all of the identified chazge should be •
deferred, waived or modified. This item has been placed as a matter of Consent on the
August 5 City Council agenda pending a recommendation by the Public Works Committee.
OTHER BUSINESS
There aze no additional items for Other Business at this time. If time perauts, the Public
Works Committee may want to address a strategy and time frame for discussing the street
reconstruction policy. Director of Public Works Colbert will be present.
/S/ Thomas L. Hedges
City Administrator
cc: Gene VanOverbeke, Director of Finance
Ken Vraa, Director of Pazks & Recreation
Tom Colbert, D'uector of Public Works
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MEMO
city of eagan
TO: PUBLIC WORKS COMMITTEE
FROM: CITY ADMINISTRATOR HEDGES
DATE: July 18,1997
SUBJECT: VILLAUME INDUSTRIES CONNECTION CHARGE OBJECTION
Officials of Villaume Industries, including their attomey, are objecting to certain
connection chazges identified as due from them as a condition of a building permit
issuance. They have requested a determination by the City Council of the
appropriateness of the charge and staff has suggested a preliminary review by the Public
Works Committee. •
Backeround Facts
? The City staff, through the consulting services of Jerry Wobschall, review all
development applications and all commerciallindustrial buiiding permit applications to
ensure that all properry has paid its proportionate share of all azea chuges and lateral
benefit charges.
? From time to time, these charges are referred to as assessments which they are not;
they aze connection charges and lateral benefit chazges provided for in the Ciry Code
for water, sanitary sewer and storm drainage utilities.
? The connection chazge obligation is unique to each pazcel of property depending upon
previous assessments, previous agreements, development activity, etc.
? Villaume Industries applied for a building permit to construct what appears to be the
ninth building on what is essentially two parcels totaling approximately 16 acnes.
? The customary review deteanined that storm sewer trunk area charges had been
assessed to 8.5 acres in 1970. The balance of 7.5 acres was noticed as subject to a
connectioa charge of $39,530.70 (7.5 acres X 43,560 sq R/acre X$.121 sq ft). This
connection charge obligation was placed as a condition on the issvance of the
building pernut.
? To allow construction to begin, the building permit was issued with the understanding
that the issue needed to be resolved before a certificate of occupancy would be issued.
The anticipated completion date, as estitnated by City staff, is mid to late September.
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fOR COUNCIL CONSIDERATION
• Mr. Dougherry suggesced that Subd.4, which requires the homeowner to do tree
pruning/removal, be removed from the CJty ordinances.
• • A proposed soludon was that the City sbould be responsible to see that mafntenance Is
performed. First by asking the properry owner to do the work, but if there is no
compllance, the Gty should then perform the maintenance using staff or a contractor. The
cost would then be assessed to the property owner. The point is that the Ciry wouid have
the responslbfltty to see that the problem is resoived, not the property owner.
• it was also suggested that Subd.S and 6 be dari8ed to make the Ury's postdon dear
regarding assessmenu.
COUNCIL REVIEW OF HOMEOWNER'S COMPLAINT:
Relative to the complaint from the homeowner w6ose vlsion is obswcced as she backs out of
her driveway, If the Council adopu the posidon that the Gty will take actton to resolve dhis,
and other simflar problems, it would be approprfate to develop a uniform standard that staff
can use.
It would also be appropNate to develop a syscemadc approach of nodflcadon to the
affected properry owner, l.e.:
l. Adopt "standards" that perrain to visual sight lines and physicai clearances required.
2. City staff should apply standards to wive stwadons as they arise (Sueet Dept).
3. Develop a form letter to be sent az nodflcadon of acdon needed to the affected
• properry owner (foremy staff make recommendadon as W type of action needed,
l.e., trim, ratse crown, vansplant, remove).
4. If no actlon taken by properry owner, send second letcer.
5. If no acdon is taken on second nodce, the Ciry would contraa the work to be done
and auess the property owner. (Sec fee; dme/matedal/equipmendconvaa work)
6. What would be the appeai praess?
7. Aliocate funds for seasonal work program in operadng budgets.
ALTERNATIVE EOR CONSIDERATION
• The Counctl could uke the approach that uniess the tree ls a pubilc obswcdon to the
normal flow of traffic on public streeu, as opposed to private driveways, Uiat the
problem Ls between neighbors, and should not involve the City.
• Respond on a compiaint basis only.
PUBLIC EDUCATION PROGRAM
Cridcal to the soludon of thts boulevard vee siwadon Is the educadon of the public on
what dilemmas can and do arise when trees are located in Inappropriate areas. This
eduwdon can occur in many fortns; personal and telephone conversadons, newsletter or
. newspaper arttcies, presentadons through Parks and Reaeadon classes, brochures and
pamphieu, or by providing acWal examples of appropriate landscap(ng methods. To
reduce the acurrence of fuwre probiems, or even W correct present problems, the .
-praalce oftonrlnued public*ducadon should probably be -expanded.
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? The City is usualiy agreeable to collecting the connection charges over a period of
• time. This is accomplished by the execurion of a waiver of hearing which allows the
City to assess the property.
? The City's process is not designed to find or coaect errors; it is in place to ensure that
ali properties pay their proportionate share of the area charges and lateral benefit
charges. As previously noted, errors, although not present in the case of Villaume
Industries, may or may not be a part of the unique circumstances associated with
particulu property.
? The City uses ponding credits when appropriate in the storm sewer system of area
charges. All area is otherwise included in the area charges regardless if runoff flows
to natural ponds or drainage systems. In other words,the system is based on total
acreage across the entire City.
Issue
Should Viliaume Industries be required to pay the identified storm sewer drainage
connection charge or should some or all of the identified charge be defeaed or waived.
Attac6ments•
? Letter from James M. Njus, Attomey representing Villaume.
• ? Copy of the Ciry Code authorizing storm drainage connection chazges.
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City Adtninistrator
Attachments
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MEYER 6t NJUS, P.A.
Almi R. Ndtles• 5000 NORWEST CENTER Caerie L. Selton-Hess••
Daniel B. Johnsm-
Ferle T. Andason
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90 SOUTH SEVENTH STREET
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. Stevm A. L
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lunrsM. Njus•j• MINNEAPOLIS, MINNES07'A 55402•4121 J. Swn winston=.
Nefl M Me ef
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(612) 341-2181
Aige A. wildenbag=•
bbchmel B' Brwrm- Fax (612) 337•5894 Andrew W. Maetvi•e
•.Wmin.a m ?tmsaw .Adnie.e In w'seanon
tAdmu.d'm P"ia. Offices alw lowced in iAdninea m Itlme:
•Adweea a?akhy.i Chicego, lllino4 and SouchfieW, Michigan •Amdnae b bo
June 3, 1997 _
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Tom Hedges • ' '' -=L?_ ? ' . '
Ciry Adaunistrator
CIT'Y OF EAGAN
3830 Pilot Knob Road .?.
Eagan, Minnesota 55122
RE: Storm Sewer Trunk Assessmmt - ?
Lot 5, Block 1, Eagandale Centre Industrial Park No. 2
Dear Mr. Hedges:
This office represents Villaume Industries, Inc., the fee owner of Lot 5, Block 1, •
Eagandale Centre Industrial Park No. 2. Villaume Industries has owned this traa of land
continuously since November 9, 1967. Pleaze note that Villaume Industries took title as
Villaume Box & Lumber Co., but subsequently changed its name to Villaume Industries,
Inc.
It is our understanding that the Town of Eagan azsessed Lot 5, Block 1 in the
amount of $7,405.00 as and for storm sewer trunk on April 13, 1970. I believe it is also
undisputed that that assessment has been paid in full. Additionally, there were also special
assessments for screet improvement and drainage, and sewer aad water laterals made on
September 15, 1969, and September 24, 1968 respectively. The amounts of these
usessmeats, $3,527.34 and $8,698.50, respectively, have also been paid in full.
It is my further understanding that the City of Eagan u aow claiming that when it
made iu storm sewer trunk assessment in 1970 that it made an error in that it only azsessed
8.5 acres of the 16 acre tracc. To supporc that interpretatioa, the City of Eagan has
produced handwritten notes indicacing that the area usessed in I.ot 5 was 8.5 acres.
My client questions the interpretation that usasmeat in 1970 was, in any way, in
error. Robert M. Linsmayer, President of Villaume.Industries in 1970 and now the
Chairman of the Board, recalls a discussion with the Ciry of Eagan regarding the natural
drainage of Lot 5. It is aa established fact that the front 8.5 acres of Lot 5 drains into the ?
sewer system. However, the remaining 7.5 acres drains naturally towards the rear of the
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, • Tom Hedges
City of Eagan
June 3, 1997
Page Two
property and the run-off wuer flows along the railroad right-of-way to the highway and
then into ponds north and wesc of Lot 5.
My client azsuma, we believe correctly, that Eagan made the logical azsumption
when it assessed the property in 1970 that as the topography waz such that only 8.5 acres
drained into the scorm sewer system, that it would be inequitable to baze the usessmeat on
more than that acreage amount. Obviously, property may not be assessed unless it is
benefited, and the usessment must be proponionate to the benefit.
If you research the title to Lot 5, you will find that Villaume Industria acquired the
tract az a 16-acre tract aad has never done anything to separate the acreage in any way,
shape, or form. To the extent that the City of Eagaa chose to usess the traa u if the
acreage were less than the total acreage, it can only be presumed that this waz done for
reasons of faimess rather than reazons of any mistake.
• Based upon the history of this assessment, the faa that it mas made with full
knowledge of the total acreage owned by my client, and that the assessment made haz been
paid, my client respectfully requests that you undertake to investigate this matter further
and, if your investigation concludes that the faas represented in this letter aze accurate,
that the City waive any further usessment of Lot 5 for the storm sewez trunk.
Very truly yours,
MEYER & NJLTS, P.A.
217
M. Nus
JMN:baw
CC: Villaume Industries, Inc.
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? MiTNICIPAL AND PUBLIC LTPILITIES 13.07
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arrangementa foz paqments have not beea made, eU such delinquent acoounte ehall be •
certified to the city clerk who shall prepare an asseeement of the delinqueat acoounts against
the ProPerty served or to be served.lb each axount, there shall be added a certification charge
(prepazation for certiScatioa of taxes of delinqueat accounts) in the amount pmvided for by
wuncil resolution. T6is asseasment mll shall be delivered to the council for adoption. Such
actioa may be optioaal or eubsequent to taking legal action to collect delinquent adwunts.
(Code 1983, 13.06, eff. 1-1•83; Ord. No. 90, 2nd series, effi 10-27-89; Ord. No.194, 2nd eeriea,
eff. 1-12-95)
8ea &07. Stormwater drainaQe conneetion md wailabllity charae.
S+cbd 2. Seormrou.ter drninuge utility. A atormwater drainage utility for the city is hereby
establiahed. The muniapal etorm sewer eystem shall be operated as a public utility ptusuant
to Minn. Stat. f 444.075, fmm which ievenue will be derived eubject to the proviaione of this
chapter aad to Minnesota Statutes. The stormwater drainage utility will be a part of the public
works department aad under the administratioa of the direcWr of public worke.
Su6d 2. Purpnae o/' fund8 derived and d!localian of reuenrre. The purpoae of all funda
derived ie to pay for all or psrt of the ooaetruction, nconstruction, repair, enlargement,
improvement or other obtainment and the meintenance, operation and uee of the storm sewer
uLility as established by the city. All revenues derived from the fee shall be credited W the
appmpriate etorm sewer fund., ?
Subd 3. Storm sewer utility jee.
A. A storm sewer utility fee for connection and availability of the stoxm sewer facilities
shall be determined by reaolution of the council and ehall be just and equitable. A
charge for the connection and availability of storm sewer eervice may be impoaed for
all Premises abutting on streete or other places where municipal etorm eewers are
located, whether or not connected to them. A cherge for the availability and
connection to the etorm sewer service may, in the discretion of the council, be Szed by
reference to the portion of the coat which has been paid bq aesessment of the premises.
B. A storm sewer utility fee for uee of the storm sewer facilities shall be determined by
resolution of tLe counci] and shall be juet and equitaWe. Chargea made for the uee of
the facilities may be 5zed on the baeis of water oonsumed, or by reference to a
reasonable classiScation of the typea of pxemises to w2uch the service is furnished, or
by reference to the quantity, pollution qualitiee and difficulty of dieposa] of the water,
or in any other eqaitable basie iacluding, but without limitstion, any combination of
those refernd to above.
Subd 4. Adjuatments. The ooyneil may adopt, by reeolution, policiee aad standards for
the adjuatmeat of the fce for parcele. Such 4uatmente ahall not be made retroactively.
Subd 5. Exemptiona,
A. Public righte-of-way are e:empt from the fees established in subdivision 3, above. •
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" • § 3.07 EAGAN CODE
B. Vscant, unimproved land with ground wver and cityowaed land are esempt firom the
fees eatablished in eubdivisioa S, subparagraph B, abwe.Subd 6. Billings. Bills for chargee for the fee ahall be made by the finance departmeat.
All bills ehall be payable at the office of the 5naace director.
Su6d 7. Itecakrilatian of feea. If e propertq owner or pezaon respoasible for paying the fee
questiona the eorrectnees of auch charge, that pe:soa may have the determination of the
charge recomputed within eu months of mailing, by submitting W the director of public works
a written iequeat for the recomputation.
Subd 8. Collections. All fees are due on the due date epecified by the aty for the
respective acoount aad shall be delinquent 15 days thereafter. It is the duty of the city to
endeavor to prnmptly collect delinquent saounta, and in sll caees where satiafactory
arrangements for paymeate have aot been made, all auch delinquent acwunts ehall be
certified to the city clerk who shall prepare an assesement of the deliaquent axounts against
the property served or to be eerved. 4b each account there shall be added a certification charge
(preparation for certification of tazee of delinquent acoounta) in t6e amount prorided for by
council reaolution. This assesament rnll shall be delivered W the council for adoption. Such
action may be optioaal or eubaequent to taking lega] action to collect delinquent accounts.
• (Ord. No. 301, 2nd eeries, eff. 6-25-90; Ord. No. 195, 2nd eeries, eff. 1-12-95)
6ec. 8.08: Saaitary sewer conaeatioa aad avaflabiifty charQe.
Su6d I. Purpose of funds deriued and allocation oj'reuenue. The purpoae of all funds
derived is to pay for all or part of the canstruction, reconetruction, repair, enlargement,
improvement or other obtsinment and the maintenance, operation and uee of the sanitary
sewer utility as established by the city. All revenues derived from the fee shall be credited to
the appropriate sanitary sewer fund.
Subd. 2. Sanitary sewer utility fee. A sanitary sewer utility fee for connection and
availability of the eanitary sewer facilities shall be determined by resolution of the council and
ehall be juat and equitable. A eLarge for the comection and availability of eanitary sewer
seivice may be imposed for all premises abutting oa sLreets or other places where muniapal
sanitary sewera are located, whether or aot connected to ffiem. A charge for the availability
and connectioa to the aenitary sewer eervice may, in the discretion of t6e council, be Szed by
reference to the portion of the cost wLich has been paid by aseeasment of the premises.
Subd. 8. .4djreatments. The wunal may adopt, by reeolution, polieies and standarda for
the adjuetment of the fee for parcels. Such aajuetmenta shell aot be made retroactively.
Subd 4. Ezempiiona. Puhlic righte-of-way are esempt from the fee.
• 6ubd 5. BiUings. Bille for chargea for the fee shall be made by the finence department.
All bille ehall be payable at the office of the 5nance director.
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AGENDA
PUBLIC WORKS COMMITTEE
NLY 29,1997
3:10 P.M.
CITY HALL CONFERENCE ROOM
(Second Floor)
3:10 I. ROLL CALL & ADOPTION OF AGENDA
3:15 II. BOULEVARD TREE MANAGEMENT
3:30 III. VILLAUME INDUSTRIES - STORM WATER CONNECTION CHARGE
4:00 IV. BETTY ALLEN (I.G.HTts.)/PINES EDGE ADDN
- Private Access Drive
V. OTHER BUSINESS
4:30 VI. ADJOURNMENT
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, ??.;<w:?..;. MEMO
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??*?:a `.. city of eagan
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TO: PUBLIC WORKS COMMITTEE
FROM: CITYADMINISTRATOR HEDGES
DATE: JULY 25, 1997
SUBJECT: PUBLIC WORKS COMMITTEE MEETINGIMONDAY, JULY 28
'``o!1% wi1
A Public Works Committee meeting has been scheduled for ay, JulyX, 1997, at 3:10
p.m. in the second floor conference room at the Eagan Municipal Center. The purpose of
the meeting is to provide recommendation to the Council as a whole regarding Boulevard
Tree Management, an objection from Villaume Industries regarding storm water utilities
connection charges, and a request from Betty Allan and Tom King regarding the restoration
of her private driveway.
BOULEVARD TftEE MANAGEMENT
Several recent factors, including safety concerns of a resident regarding driveway sight line
obstructions caused by a neighbor's spruce Vee in the boulevard area, have encouraged
staff to examine the management of trees and other plant material growing within street
right-of-way areas. A recent boulevard tree inventory has indicated that there are and
could be a number of problem areas where trees in the boulevards obstruct sight lines.
Consultation with the City Attorney's office has indicated that a section of the City Code
re uirin the homeowner to perform tree pruning/removal is invalid and should be removed.
Staff is seeking direction from the Council as to whether the City should develop a standard
by which the City would be responsible to see that maintenance is performed. This would
be done by first asking the property owner to do the work. If the property owner does not,
staff recommends that the City would then perform the maintenance, using staff or a
contractor, and the costs would then be assessed to the property owner. The City Code
would be revised to reflect this standard. Enclosed on pages through z is a
copy of a detailed memo from the Director of Parks and Recreation regarding this issue.
Action to be Considered: To provide a recommendation to the City Council as a whole
for direction to staff regarding the City Code pertaining to boulevard trees and the
responsibility for their care/removal.
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VILLAUME INDUSTRIES - STORM WATER CONNECTION CHARGE
The City has received a letter from an attomey representing Villaume Industries, inc.,
objecting to storm water utility connection fees identified as due from them as a condition of
a building permit issuance. They have requested a determination by the City Council of the
appropriateness of the charge and staff has suggested a preliminary review by the Pubiic
Works Committee. It is the contention of the attomey that the assessment paid in 1970 was
a total satisfaction for the property. Staffs customary review of the building permit
application determined that storm sewer trunk area charges had been assessed to 8.5
acres of the 16 acre total in 1970 and that connection charges for the remaining 7.5 acres
were presently due with the new building permit appiication. Enclosed on pages _46
through _-? - is a copy of a memo describing the background and issues regarding this
item. Enclosed on pages ___8' throughis a copy of the letter from the attomey
representing Villaume industries. Enclosed oh pages y(Q_ through 1L is a copy of the
City Code authorizing storm drainage connection charges. Representatives of Villaume will
be present at the meeting.
Action to be Considered: To provide a recommendation to the City Council as a whole
regarding whether Villaume Industries should be required to pay the identified storm sewer
drainage connection charge or whether some or all of the identified charge should be
deferred or waived.
BETTY ALLEN (I.G.HTS)/PINES EDGE ADDITION/PRIVATE ACCESS DRIVE
Betty Allen, who is a resident of Inver Grove Heights, has expressed a concern regarding
the current condition of her private acoess road from Weston Hills Drive to the east. She
contends that the developer of the Pines Edge Addition (Shamrock Development) disturbed
her pre-existing private access drive and has not properly restored it to an acceptable
fashion. She is requesting the City of Eagan to take the necessary steps to repair and/or
restore her private drive to an acceptable condition. Prior to the Pines Edge Addition
development, the private access drive existed from Trunk Highway 3 into Inver Grove
Heights. Along with Betty Allen, Tom King and other neighbors will be present at the
meeting. Enclosed on pages la to _Z?4 is a copy of a sfaff report regarding this item.
Action to be Considered: To provide a recommendation to the City Council as a whoie as
to whether the City of Eagan should reconstruct the private access drive or whether the City
should recommend that the property owners resolve the proper restoration (if any) issue.
----( 7\?eLa
City Admirnstrator
a
MEMO
city of eagan
TO: PUBLIC WORKS COMMITTEE
FROM: CITY ADMINISTRATOR HEDGES
DATE: July 18, 1997
SUBJECT: VILLAUME INDUSTRIES CONNECTION CHARGE OBJECTION
Officials of Villaume Industries, including their attomey, aze objecting to certain
connection charges identified as due from them as a condition of a building permit
issuance. They have requested a determination by the City Council of the
appropriateness of the charge and staff has suggested a preliminary review by the Public
Works Committee.
Backeround Facts
? The City staff, through the consulting services of Jerry Wobschall, review all
development applications and all commerciaUindustrial building permit applications to
ensure that all property has paid its proportionate share of all azea chazges and lateral
benefit chazges.
? From time to time, these charges aze referred to as assessments which they aze not;
they aze connection chazges and lateral benefit charges provided for in the City Code
for water, sanitary sewer and storm drainage utilities.
? The connection charge obligation is unique to each parcel of property depending upon
previous assessments, previous agreements, development activity, etc.
? Villaume Industries applied for a building permit to construct what appeazs to be the
ninth building on what is essentially two pazcels totaling approxunately 16 acres.
? The customary review determined that storm sewer trunk azea charges had been
assessed to 8.5 acres in 1970. The balance of 7.5 acres was noticed as subject to a
connection chazge of $39,530.70 (7.5 acres X 43,560 sq ft/acre X$.121 sq ft). T7us
connection charge obligation was placed as a condition on the issuance of the
building permit.
? To allow construction to begin, the building permit was issued with the understanding
that the issue needed to be resolved before a certificate of occupancy would be issued.
The anticipated completion date, as estimated by City staff, is mid to late September.
44
FOR COUNCIL CONSIDERATION
• Mr. Dougherry suggested that Subd.4, which requires the homeowner to do uee
pruning/removal, be removed from the City ordinances.
A proposed soludon was that the City shoufd be responsible to see that maintenance is
performed. F(rst by asking the property owner to do the work, but If there is no
compliance, the Ciry should then perform the maintenance using staff or a convactor. The
cost would then be asseued to the properry owner. The point is that the City would have
the responsibility to see that the problem is resolved, not the property owner.
• it was also suggested that Subd.S and 6 be clarifled to make the City's position clear
regarding assessmenu.
COUNCIL REVIEW OF HOMEOWNER'S COMPLAINT:
Relative to the complaint from the homeowner whose vision Is obsuucted as she backs out of
her dHveway, if the Council adopu the posidon that the City will uke action to resolve this,
and other similar probfems, it would be appropriate to develop a uniform swndard that swff
can use.
It would also be appropHate to develop a rystematic approach of nodflcadon to the
affected property owner, i.e.:
Adopt "sundards" that pertain to visual sight lines and physical clearances required.
2. City staff should apply standards to solve siwadons as they arise (Street Dept.).
3. Develop a form letter to be sent as nodticadon of acdon needed to the affected
property owner (Foresuy swff make recommendadon as to type of action needed,
i.e., trim, raise crown, transplant, remove).
4. !f no action taken by properry owner, send second letter.
5. If no acdon is Wken on second nodce, the City would conuact the work to be done
and assess the property owner. (Set fee; dme/material/equipmendcontract work)
6. What would be the appeal process?
7. Aliocate funds for seasonal work program In operating budgeu.
ALTERNATIVE FOR CONSIDERATION
• The Council could take the approach that unless the vee is a pub(ic obswction to the
normal Flow of uaffic on public streetc, as opposed to private driveways, that the
problem is between neighbors, and should not involve the City.
• Respond on a complaint basis only.
PUBLIC EDUCATION PROGRAM
Cridcal W the solution of this boulevard vee simadon is the education of the public on
whac dilemmas can and do arise when trees are located in inappropriate areas. This
educadon can occur in many forms; personal and telephone conversations, newsletter or
newspaper artlcies, presentadons through Parks and Recreadon classes, brochures and
pamphlets, or by providing actual examples of appropriate landscaping methods. To
reduce the occurrence of future problems, or even to correct present problems, the
pracdce of condnued public education should probably be expanded.
?
? The City is usually agreeable to collecting the connection charges over a period of
time. This is accomplished by the execution of a waiver of hearing which allows the
City to assess the properry.
? The City's process is not designed to find or correct errors; it is in place to ensure that
all properties pay their proportionate shaze of the azea charges and lateral benefit
charges. As previously noted, errors, although not present in the case of Villaume
Industries, may or may not be a part of the unique circumstances associated with
particulaz property.
? The City uses ponding credits when appropriate in the storm sewer system of azea
charges. All area is othenvise included in the azea chazges regazdless if runoff flows
to natural ponds or drainage systems. In other words, the system is based on total
acreage across the entire City.
Issue
Should Villaume Industries be required to pay the identified storm sewer drainage
connection chazge or should some or all of the identified chazge be deferred ar waived.
Attachments•
? Letter from James M. Njus, Attorney representing Villaume.
? Copy of the City Code authorizing storm drainage connection charges.
?
City Administrator
Attachments
TLH/vmd
MEYER & NJUS, P.A.
Alan R. Nettles"
Daniel B. lo}uuon•
Fade T. Andetson, Jr.'j
James M. Nus•j•
Neil M. Meyer•
Michsd B. Branxn*
5000 NORWEST CENTER
90 SOU7'H SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402•4121
(612) 341•2181
Fax (612) 337-5894
Curie L. Selton-Hess••
Paul E. Bahnsack II"
Sltvm A. Linder••
1. Scott Winstonj•
Paige A. Wildenberg=•
Mdtew W. Marton"e
'Mmined N Mimada
1AdmidW 'm Aari&
•Admined In MirAigen
Tom Hedges
City Administrator
CITY OF EAGAN
3830 Pilot Knob Road
Eagan, Minnesota 55122
Offices also located in
Chicago, Illinois and Southfleld, Mithigan
-Admitled'm N'iemnun
jAdmined 'm Nmde
°Aamfned m Iow.
June 3, 1997
RE: Storm Sewer Trunk Assessment -
Lot 5, Block 1, Eagandale Centre Industrial Park No. 2
Dear Mr. Hedges:
This office represents Villaume Industries, Inc., the fee owner of Lot 5, Block 1,
Eagandale Centre Industrial Park No. 2. Villaume Industries has owned this tract of land
continuously since November 9, 1967. Please note that Villaume Industries took title as
Villaume Box & Lumber Co., but subsequently changed its name to Villaume Industries,
Inc.
It is our understanding that the Town of Eagan assessed Lot 5, Block 1 in the
amount of $7,405.00 as and for storm sewer trunk on April 13, 1970. I believe it is also
undisputed that that assessment has been paid in full. Additionally, there were also special
assessments for street improvement and drainage, and sewer and water laterals made on
September 15, 1969, and September 24, 1968 respectively. The amounts of these
assessments, $3,527.34 and $8,698.50, respectively, have also been paid in full.
It is my further understanding that the City of Eagan is now claiming that when it
made its storm sewer trunk assessment in 1970 that it made an error in that it only assessed
8.5 acres of the 16 acre tract. To support that interpretation, the City of Eagan has
produced handwritten notes indicating that the area assessed in Lot 5 was 8.5 acres.
My client questions the interpretation that assessment in 1970 was, in any way, in
error. Roben M. Linsmayer, President of Villaume.Industries in 1970 and now the
Chairman of the Board, recalls a discussion with the City of Eagan regarding the natural
drainage of Lot 5. It is an established fact that the front 8.5 acres of Lot 5 drains into the
sewer system. However, the remaining 7.5 acres drains naturally towards the rear of the
?
Tom Hedges
City of Eagan
June 3, 1997
Page Two
property and the run-off water flows along the railroad right-of-way to the highway and
then into ponds north and west of Lot 5.
My client assumes, we believe correctly, that Eagan made the logical assumption
when it assessed the property in 1970 that as the topography was such that only 8.5 acres
drained into the storm sewer system, that it would be inequitable to base the assessment on
more than that acreage amount. Obviously, propeny may not be assessed unless it is
benefited, and the assessment must be proportionate to the benefit.
If you research the title to Lot 5, you will find that Villaume Industries acquired the
tract as a 16-acre tract and has never done anything to separate the acreage in any way,
shape, or form. To the extent that the City of Eagan chose to assess the traa as if the
acreage were less than the total acreage, it can only be presumed that this was done for
reasons of fairness rather than reasons of any mistake.
Based upon the history of this assessment, the fact that it was made with full
knowledge of the total acreage owned by my client, and that the assessment made has been
paid, my client respectfully requests that you undertake to investigate this matter further
and, if your investigation concludes that the facts represented in this letter are accurate,
that the City waive any further assessment of Lot 5 for the storm sewer trunk.
Very truly yours,
MEYER & NJUS, P.A.
CrpAa, -X74-??
ames M. Njus
JMN:baw
CC: Villaume Industries, Inc.
9
MLTATICIPAL AND PUBLIC i7TILITIES § 3.07
? arrangements for paymeats have not been made, ali such delinquent accounta ahall be
certified to the city clerk who ahall prepare an assesament of the delinquent accounts against
the property eerved or to be served. Tb each account, there shall be added a certification charge
(preparation for certification of tagea of delinquent accounts) in the amount provided for by
council resolution. This asaesament roll shall be delivered to the council for adoption. Such
action may be optional or aubsequent to taking legal action to collect delinquent acwunts.
(Code 1983, § 3.06, eff. 1-1-83; Ord. No. 90, 2nd series, eff. 10-27-89; Ord. No. 194, 2nd series,
eff. 1-12-95)
Sea 3.07. Stormwater drainage connection and availability charge.
Subd 1. Stormmater drainage utility. A stormwater drainage utility for the eity is hereby
established. The municipal storm sewer system ahall be operated as a public utility purauant
to Minn. Stat. $ 444.075, &nm which revenue will be derived subject to the provisions of this
chapter and to Minnesota Statutea. The etormwater drainage utility will be a part of the public
works department and under the admiaiatration of the director of public worka.
Subd 2. Prirpose of funds deriued and aUa;ation of reuenue. The purpoae of all funda
derived is to pay for all or part of the conetruction, reconstruction, repair, enlargement,
improvement or other obtainment and the maintenance, operation and use of the storm sewer
utility as eatablished by the city. All revenuea derived firom the fee shall be credited to the
appropriate storm eewer fund.
Su6d. S. Storm sewer utiliry fee.
A A storm sewer utility fee for connection and availability of the storm sewer facilities
ahall be determined by resolution of the council and shall be just and equitable. A
charge for the connection and availability of storm aewer service may be impoeed for
all premises abutting on atreete or other places where municipal storm sewere are
located, whether or not connected ta them. A charge for the availa6ility and
connection to the storm sewer service may, in the discretion of the council, be fiaed by
reference to the portion of the cost which has been paid by aeaessment of the premises.
B. A storm sewer utility fee for use of the storm aewer facilities shall be determined by
resolution of the wuncil and ahall be juet and equitable. Charges made for the uae of
the facilitiea may be fiaed on the basis of water consumed, or by reference to a
reasonable clasai5cation of the types of premises to which the service ie furnished, or
by reference to the quantity, pollution qualities and difficulty of disposal of the water,
or in any other equitable baeis including, but without limitation, any combination of
those referred to above.
Subd 4. Adjustments. The council may adopt, by resolution, policies and standards for
the adjustment of the fee for parcels. Such adjustments ahall aot be made retroactively.
Subd 5. Exerrtptions.
A. Public righta-of-way are eaempt from the fees established in subdivision 3, above.
CD3:7
//)
§ 3.07
EAGAN CODE
B. Vacant, unimproved land with ground cover and city-owned land are eaempt from the
fees eatablishedin eubdivision 3,subparagraph B, above.
Subd 6. Billings. Bills for charges for the fee shall be made hy the finance department.
All bille shall be payable at the office of the Snance director.
Subd 7. Recalculatioa of fees. If a property owner or person responsible for paying the fee
questions the cornectness of such charge, that peraon may have the determination of the
charge recomputed within sia months of mailing, by submitting to the director of public works
a written request for the recomputation.
Subd. 8. Collections. All fees are due on the due date specified by the city for the
zespective account and shall be delinquent 15 days thereafter. It is the duty of the city to
endeavor to prompUy coltect delinquent accounts, and in all cases where eatisfactory
arrangements for paymenta have not been made, ali such delinquent accounts shall be
certified to the city clerk who shall prepare an assessment of the delinquent accounts against
the property served or to be served. Tb each account there shall he added a certification charge
(preparation for certification of tages of delinquent accounts) in the amount provided for by
council resolution. Thia assessment roll shall be delivered W the council for adoption. Such
actian may be optional or subsequent to tak.ing legal action to collect delinquent accaunts.
(Ord. No. 101, 2nd series, eff. 5-25-90; Ord. No. 195, 2nd eeriea, efT. 1-12-95)
Sec. 8.08. Saaitary sewer connection and availability charge.
Subd. 1. Purpose of funds deriued and alloc¢tion of reuenue. The purpose of all funds
derived is to pay for alt or part of the construction, reconstruction, repair, enlargement,
impmvement or other obtainment and the maintenance, operation and use of the sanitary
sewer utility as eatablished by the city. All revenues derived from the fee shall be credited to
the appropriate sanitary sewer fund.
Subd 2. Sanitary sewer utility fee. A sanitary sewer utility fee for connecfion and
availability of the sanitary sewer facitities shall be determined by resolution of the council and
shall be just and equitable. A charge for the connection and availability of sanitary sewer
eervice may be imposed for all Qremises abutting on streeta or other places where muniripal
eanitary sewers are lceated, whether or not connected to them. A charge for the availability
and connection to the sanitary eewer service may, in the diecretion of the council, be Saed by
reference to the portion of the coat which has been paid by asseasment of the premisea.
Subd 3. Adjustments. The council may adopt, by resolution, policies and atandarda for
the adjustment of the fee for parcels. Such adjustments shall not be made retroactively.
Subd 4. Exemptions. Public righta-of-way are exempt from the fee.
Subd 5. Billings. Bille for charges for the fee shall be made by the finance department.
All billa shall be payable at the office of the finance director.
CD3:8
1/
V. BETTY ALLAN (INVER GROVE HEIGHTS)/PINES EDGE ADDITION -
PRIVATE ACCESS DRIVE
Betty Allan, who resides in Inver Grove Heights, has expressed a concern regarding the current
condition of her private access road from Weston Hills Drive to the east. She contends that the
developer of the Pines Fdge Addition (Shaznrock Development) disturbed her pre-existing
private access drive and has not properly restored it to an acceptable fashion. She is requesting
the City of Eagan to take the necessary steps to repair and/or restore her private drive to an
acceptable condition.
• Prior to the development of the Weston Hills, Pines Edge and Red Pine Elementary
Additions, a private access drive existed from TH 3 into Inver Grove Heights serving
property owned by Finch, Loomis, Frattalone, Neary, Allan, and others in Inver
Grove Heights. This private access drive was often referred to as "Farm Road".
• As a private cross easement, it is the City's understanding that each party agreed to
certain provisions regarding conshuction, maintenance, obstruction, restoration and
other aspects associated with common interests.
• In 1994, the Neary's sold their property to Shunrock Development (Jun Stanton) and
was subsequently subdivided and platted into the Pines Edge ls` Addition. The
private access drive serving Betty Allan and others in Inver Grove Heights was
incorporated along the northern edge of this subdivision. As the purchaser of the
Neary property, the City Attorney deternuned that Shamrock development became
the new partner in the private drive cross easement assuming a11 appropriate rights
and responsibilities that previously accrued to the Neary's.
• The grading and development p1an submitted with the Pines Edge ls` Addition
provided for the southerly extension of Weston Hills Drive essentially severing the
pre-existing private access road. However, it pmvided for the restoration of an access
from the future public street to the existing undisturbed alignment to consist of 4" of
Class V gravel base. Project and development inspectors have verified that the limit
of disturbance was primarily contained within the public right-of-way.
• 3ubsequent development of Lot 1, Block 1, by either the developer or the
homebuilder may have fiuther disturbed the private drive without the knowledge of
the City of Eagan. However, it is assumed that any such work done would have been
done under the authority and/or obligarions of the cross easements as subsequent heirs
and assigns of the original property owners.
• The Public Works Department, Community Development Deparhnent, and City
Attorney's Office have had numerous discussions with Betty Allan infornung her of
1
/?
her proper recourse regazding any concems associated with the dishubance and lack
of proper restoration of her private drive by any one of many partners in the mutual
cross easement consortium.
• Recent inspections by the Public Works Department reveal that the current drive is in
fairly good shape and in basically the same condition as the remainder of the drive
into Inver Grove Heights.
1. The City of Eagan could regrade and reconstruct the private access drive from
Weston Hills Drive to the back lot line of Lot 1, Block 1, Pines Edge 15` Addition to
be financed out of the General Fund Operational Budget, Major Street Fund,
bene$ting property owner contrihutions, or any combination thereof.
2. The City of Eagan could reconstruct the access drive primarily within the east
boulevard public right-of-way of Weston Fiills Drive with financing from the General
Fund Budget, Major Street Fund or combination thereof.
3. Do nothing and let property owners resolve the proper restoration (if any) and
maintenance of the private access drive in accordance with the terms and conditions
of the cross easement agreement.
?
Director of Public Works
TAC/jj
Cc: John Gorder, Development/Design Engineer
2 13