Loading...
2926 Lone Oak Cir - Public Works Committee Meeting?? 4 n U 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 ? ? .? - 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 / 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 TLH/vmd , ? ? _ Yv?-'?--- ? 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. • • r, U • ?J 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. ? ? 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. ? City Adtninistrator Attachments TLH/vmd ? MEYER 6t NJUS, P.A. Almi R. Ndtles• 5000 NORWEST CENTER Caerie L. Selton-Hess•• Daniel B. Johnsm- Ferle T. Andason h •t 90 SOUTH SEVENTH STREET p'? ???k n• • ' , . Stevm A. L oider•. lunrsM. Njus•j• MINNEAPOLIS, MINNES07'A 55402•4121 J. Swn winston=. Nefl M Me ef Y (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 _ ? 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 ? , • 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. • 9 ? MiTNICIPAL AND PUBLIC LTPILITIES 13.07 - 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. • CD3:7 /0 " • § 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. CD9:8 1/ o _.?.?. .. ... .._._ ?. P.?1??.?. _ u? aJ.? co w?.?«. ,_ ?-__?E? h J aq, °?Z -- ? - - ---------- P..4443? --- - - - - - - --- -- - -- ------ .Z - - . --' ?S - ?- -s-?s.,,w _,??-??? ?.?•- ----- ---- - -A/.,? °-'t? ? ---- - - - - - -- - - 6?.? ? - - - - -? 1? t'??\ P.?,c?-.? =.,w ? Qo-.1s -0.,a.a.a?.?.,,'? o? S3cl? ? ?'F- ? - , --- - ` - ?3ob Z) _ ?w?sQ_ . ? o_ b l1 ct. - ??- Q-w? -? - .F.o.A, ? `/s'?C e,.+?.? Ssnwnk "? w-+w!"? o-.A? - ?'Y `?-• ----------- ?? - - ? _ `1 ??N?+.DUwR-i ?,..L?-O ?o\? o?._ ? "G.r..%, -I??""'AOZ ? • -- -- ? ? ? ? A~DV% V4616?,w?'?-i'ta''?? > A-"C' a ??500 ? a c -k-0 9..Ar??x.-A,r_ Qo \ :.t?.,, , , Qq??S- - -- --- S.?u?? "'"`Sti ------ - - h?...F...... _, ? 4 I-,------ , O _213 .--- ?` - .. - -- - - - --_ ?sv_ ? ., - - -- ? -- , ---- -- - _ -- - -- - - - ? ------ -- - _- --- ? _. ??'10 ? -Q?• - ?t,vo s, oo ' ? --- -- a - -- --- - ? °"'ti _ - - ---- - - -4°? - - -- 1 - -- -- ---- ----- ---- --- ---- -- - --- - --- z _ 04 - ------ _.. --- l --?-- --- - -- -? --- -- - ?5-V 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 ,s. ?:<a:, ? c?; ? ;??,? ?.... , ??.;<w:?..;. MEMO , ??*?:a `.. city of eagan ? 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. / 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