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10/02/1973 - City Council Regular MINUTES OF REGULAR METING OP EAGAN COUNCIL III VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA October 2, 1973 A regular meeting of the Council, Village of Eagan, Dakota County, Minnesota, was held on October 2, 1973 at 6:30 p.m. at the Village Hall, All members were present. The meeting was commenced with the Fledge of Allegiance. The Council announced the receipt of bids for the $1,810,000.00 utility and improvement bonds of 1973. Mr. James Olson of Juran & Moody, Inc. read the bids after they were opened. The first bid was from John Nuveen & Co. with a net interest rate of 5.08611. The second bid was from Dain, Neiman & Quail, Inc. with a net interest rate of 5.03117.. After tabulation and upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting in favor, it was RESOLVED that the low bid of Dain, Kalman 4 Quail, Inc. III according to Mr. Olson's recommendation be and it hereby is accepted and that the sale be awarded to Dain, Kalman & Quail, Inc. Mr. Olson indicated that an improved bond rating of Bea has been acquired by the Village of Eagan, during the past week. Mr. John Boland, Chairman of the Metropolitan Council then appeared together with Mr. Daryl Olson, his administrative assistant for municipal affairs. Mr. Boland indicated that he is attempting to talk with Municipal officials throughout the metropolitan area, and would be receptive to questions and further discussions at any time. The Board of Adjustments and Appeals next met with all Council members and Mr. John Marble being present. The application of Mr. Gerald Woods for a variance from the five acre, unplatted lot requirement for residential purposes III and from access to a public street and for a building permit for a residence on lz acre parcel South of LeMay Lake and East of Tower Drive was first presented.. It was noted that there was no other way to subdivide the property, it was a large lot and presently public access would not be feasible. Upon motion by Wachter, seconded by Ryc~rych, all members voting in favor, it was RESOLVEO that the application be approved subject to applicant's requiring and submitting to the Village a survey description for a 30' public street across the Woods property for future street purposes. The application for Carl Mooney for division of Lot 3, Elock 2, Oak Chase [2, into two lots and a variance from the requirement for one single family dwet l og per lot was next submitted. Mr. ,Tames O'Dougherty, attorney from fli neapolis, appeared on behalf of Mr. Mooney and numerous objecting neighboring residential owners appeared. The survey of the property indicated two proposed sub ivided lots would be each in excess of 1,000 square feet, and Mr. Mooney indicated that he desired to put in service stubs to the two separate parcels in the event that the variance is granted. After considerable discussion and review of the Planning Committee's recommendations, upon motion by S ►'.ti., 0=r a"tiad by Wachter, all members voting yes, it was RESOLVED that the application be recommended for denial for reason including those stated in the Planning Comeetttee minutes; further because of the recently enacted tree protection ordinance, the provision in Ordinance 06 relating to preserving all land and water amenities in r eeidet vial areas and the fact that a petition from all other owners in the subdivision opposing the application had been submitted. At approximately 7:00 p.m. the Mayor convened the regular meeting. Upon motion by Councilman Wachter, seconded by Councilman Rahn, all members voting in favor, it was RESOLVE) that the minutes of the previous meeting be accepted and approved. Upoiz further motion of Councilman Wachter, seconded by Councilmen Rahn, all members voting in favor except Councilman Rydrych,wha abstained, it •w.-as RZSOI ED that the minutes of the Assessment Committee meeting of September :.2, 1973, hereby are accepted and approved,.. 2` Mt. Bill Schultz appeared on behalf cf the Fire Department and inaiceted that a letter had been received from Divine Redeemer Eesp$';&l regarding placing an ambulance for. a one year period in the Fire Station, pursuant to the letter of October 2, 1973. Upon motion by Councilman Wachter, seconded by Councilman Rahn, all members voting yes, it was RESOLVED that the trust be granted provided that adequate insurance coverage be applied by Divine Redeemer Hospital for its eva employees and the ambulance. Upon motion by Councilman Rahn, seconded by Councilman Smith, all leete tiers voting yes, it was RESOLVED that the utilities department supervisor be authorized to attend the utilities school in South St. Paul at a cost of ;�3� 00 , . Upon motion by Councilman Wachter, seconded by Councilmen Rahn, all umbers voting yes, it was RESOLVED that a pick-up truck hoist be required fee the Public Utilities Department, Upon motion by Councilman Rahn, seconded by Mayor Polzin, all mc.,rters in favor, it was RESOLVED that the Engineer and the Utilities Supa r rttendeut be authorized to prepare plans and apecificat;onefor an additional snare plow and heavy duty truck for the utilities: department. The Building Inspector next appeared concerning the request of Univac to review the building permit fee schedule. Mr. Peterson gave numerous reesone Wily he fat the building permit schedule and heating and air conditioning fee schedule were proper end not- excessive, Upon motion by Councilmen Sitbs receeead by Councilman Wachter, with Councilman Rydrych abstaining, it was MUM) that the Clerk be authorized to write Mr. Russell Headley of Uraiva., e pl in ag the Village's position and indicating that no change in the foe schedule would be made at the present time. Upon motion by Mayor Polzin, seconded by Councilman Wachter, all members voting in favor, it was RECOLVED that a letter be forwarded by the IIIili.age Clerk to Martin Shields, that the Village does net intend to acquire - pseperty on the East side of Pilot Fnab Road, South of Lone Oak Road from Mertin Shields for park purposes. Mr. Albert Reiber, 2030 Opal, appeared with a request for variance fbo.r tie side lot line of one foot for a 10'x 10' metal abed cm his property. nehe .teed a statement from his neighbor who indicated that he had no ob jeet:ioc 4 ,:,roe. motI n Le Councilman Wachter, seconded by Councilman Rahn, all members o iog yes, it vas RESOLVED that the request for variance be granted. Mr. James Hill together with an architect, appeared on behalf of the appi i etion of Mount Calvary Lutheran Church on Rahn Read for a permit for a bcil di.-:g addition. Upon motion by Councilman Rahn, seconded by Councilman Waehter, it was RESOLVED that the application be approved subject to the Building :tnapsetor and Engineer's final approval. All members voted in :ovt)r� The Mayor then announced the convening of the assessment hear ag ccvering Improvement Pro jest #49 Part 2 consisting of water improveme is to the Metropolitan Sewer Board Seneca Plant. There were no objections to the profeet. Upon motion by Councilman Wachter, seconded Councilman Rydrych4 ell members voting yaw, it was RESOLVED that the assessment roll be approved and the Clerk be silthori.zed to certify it to the County Auditor. The Mayor then convened the assessment hearing covering ImeeoVez4n't Project C38 consisting of sewer aril water services to Skovdaie Addition to 1 and property adjacent to Deerwood Drive, Eact of Pilot Knob Road. There were no ob ject: .c a to the assessment roll. Upon motion by Councilman Rahn, aeconeod Coun men Smith,hi, ail members voting in favor except Councilman Rydrych who s :aired, it was RESOLVED that the assessment roll be adopted accor.diz g, to to : re eve lodatioae of the Assessment Committee of September 12, 1973 and that ;he roll be certified by the County Auditor. -4. III The Council then reviewed the application of Van Mark Vending Machine Company for a building permit for an cffice and warehouse 80' x 120' at an e:'timated co€t of $150,000.00 on Lot 14, Block 1, Eagandale Industrial Park, The APC recommended approval. Upon motion by Councilman Rahn, seconded by Councilman Wachter, it was RESOLVED that the application be approved subject to the B'iil.ding Inspector and Engineer's approval, All members voted yes. The application of 3M Company and Lovering Associates, Inc. for a building permit for an office and warehouse for the 3M Company at a cost of $1,250,000.,03 on Lots 27 through 37, Block 5, Eagandale Center Industrial Park No, 3 was next reviewed. The Planning Committee recommended approval. Upon motion by Councilman Rahn, seconded Councilman Wachter, all members voting yes, it was RESOLVED that the application be approved subject to the Engineer and Blinding Inspector's approval with the understanding that the property not converted to a truck terminal in accordance with the Council's policy fog truck terminals in that area of Lexington Avenue. The Village Engineer submitted the following bids on the projects mentioned according to the schedule of bids for each project attached to these minutes: A. Imp, Project #124 - Rahn Road sidewalks. Low Bidder; Krueger Construction Co. - $9,645.00 Upon motion by Councilman Rydrych, seconded Councilman Wachter, all members voting yes, the low bid was accepted. B. Imp. Project #79 - Park Improvements & Lighting. Low Bidder: Corrigan Electric Co. - $22,722,00 Upon r.ot5.on by Councilman Rahn, seconded Mayor Polzin, all members voting yea, it was RESOLVED that the low bid be approved and awarded. C. Imp. Project #79 • Park Improvements & Grading Low Bidder: Robert 0. Westlund Contruction Co. • $89,262.17 -5- • Upon motion by Councilman Smith, seconded Councilman Wachter, all members voting yes, it was RESOLVED that the low bid be approved and awarded. D, Imp. Project #127-A - Sewer and Water Imp. to Woodgate Addition Low Bidder: Three-Way C natruction Co, - $271,869.70 Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting yes, it was RESOLVED that the low bid is awarded and approved. Upon motion by Councilman Smith, seconded Councilman Rahn, it was RESOLVED that the regular meeting of November 6, 1973 be changed to October 30, 1973 at 7:00 p,m. for the reason that November 6th is election day. All members voted in favor. The Council then reviewed the proposed 1974 budget, upon motion by Councilman Rydrych, seconded Councilman Rahn, all members voting yes, it was RESOLVED that the budget as submitted and reviewed by the Council be approved and further that the levy be certified to the County Auditor. Upon motion by Councilman Smith, seconded by Councilman Rydrych, all members voting yes, it was RESOLVED an additional inclusion of $1,000.00 for Civil Defense purposes as an increase in the general fund. The application of Economics Laboratory and Shelgren Construction Co. for a warehouse addition to the Economics Laboratory facility on Lone Oak Road at an estimated cost of $80,000„00 for a 1000 square foot building addition was upon motion by Councilman Rahn, seconded Councilman Rydrych, all members voting yes, it was RESOLVED that the application be approved subject to the Building Inspector and Engineer's approval. The Village Attorney submitted a proposed contract between the Village of Eagan and Electro Watchman, Inc. for fire and burglar alarm systems for businesses in the Village of Eagan. Upon motion by Mayor Polzin, seconded Councilman Wachter, it was RESOLVED that the contract be approved and signed, All members voted in favor. -6- Upon motion by Councilman Rahn, seconded by Councilman Rydrych, all members voting yes, it was RESOLVED that the Quit Claim Deed covering Tract B, Registered Land Survey #4 consisting of Kennebec Drive in Cedar Industrial Perk be and it hereby is accepted and the Clerk be authorized to record the Quit Claim Deed, Upon motion by Councilman Smith, seconded Councilman Wachter, all members voting in favor, it was RESOLVED that the contract with McNamara Vivant Construction Co, covering Improvement Project #107 be approved and ordered executed The Mayor indicated that there was some interest in using a portion of the lower level of the Cedarvale Shopping Center building as an extention of the Dakota County Library. The Council appeared to be in favor of the location and Nra Richard Stryker will be contacted to pursue the proposal. No action was taken. III The Mayor then announced that re has been contacted by the Southeastern. Area Chamber of Commerce concerning a proposed resolution by the Village Cenn:a.l encouraging the Minnesota Highiay Department to take affirmative action toward location and construction of 135E through the Village. After discussion, upon motion by Councilman Wachter, seconded Councilman Rydrych, all members voting strongly in favor, it was RESOLVED that the Village Council be on record approving action to oppose attempts to stop highway construction in the area including Interstate #494, 135E and Cedar Avenue and that the Village of Eagan join other communities in the area in whatever appropriate action is necessary to promote future planning and construction of the highways in the Dakota County area. The Mayor indicated that the County Board had requested that a representative be appointed by the Village Council to a committee to review and make recommendations on the use of the old Dakota County Courthouse. 11/ Upon motion by Councilman Wachter, seconded Councilman Rydrych, all members voting yes , it was RESOLVED that the sum of $5,633.43 be transferred from the general fund to the fire hall construction fund to pay the overage above �7* the $x:20,000.00 bond issue for the Lone Oak Fire Station, IIIIII The Village Attorney indicated that he had negotiated with Byron Watschke of Fortune Realty concerning acquisition of 13 acres near the Village Hall by the Village. The Village Attorney was requested to contact Mr. Watschke again and attempt to negotiate a settlement concerning the price and then report back to the Council. The application on behalf of the Shell Station for a sign permit on Cedar Avenue was next submitted, The Building Inspector did not object as to the location of the sign. Upon motion by Councilman Rahn, seconded Councilman Smith, all members voting yes, it was RESOLVED to deny the application because it did not conform to the sign ordinance restricting each business to one sign on its premises. Upon motion by Councilman Rydrych, seconded Councilman Rahn, all members voting yes, it was RESOLVED that the sign permit application for the Eagand .ie Club on Pilot Knob Road for a permanent sign on the building, be and it hereby is approved. A letter was received from Mr. Morton on behalf of William Brothers Pipeline Company indicating that William Brothers had no objection to a trail over the William Brothers Pipeline crossing the Morton property South cf Highway #30. The resolution from the Metropolitan Sewer Board dated September 18, 197 concerning discharge of effluent into the HSB Seneca Plant was reviewed. Upon motion by Councilman Rahn, seconded Councilman Smith, it was RESOLVED that the Village of Eagan will cooperate in policing the discharge into the plant according to federal funding requirements. The Village Clerk indicated that the insurance carrier for the Village employee's life and hospitalization insurance had notified the Village of an rate increase.- No action was taken concerning the matter. -8- The Village Council then reviewed the new statute relatin4 to the change of designation from Village to City effective January 1, 1974. Upon motion by Mayor Poizin, seconded Councilman Smith, it was RESOLVED that the Village of Eagan be and it hereby is determined to be called the City of Eagan effective January 1, 1974. All members voted in favor. A letter from the attorney for Mr. Thomas Smith, a property owner on Atlantic Hills Drive in Lakeside Estates was read indicating that Mr. Tom Waite, the developer of the project, had not completed the road improvements according to his performance bond and street agreement. The Clerk was instructed to have Mr. Waite appear at the next regular council meeting concerning the matter. Upon motion by Councilman Smith, seconded Councilman Rahn, all members voting in favor, it was RESOLVED that the requested hourly rate increase by the Village consulting engineers, Bonestroo, Rosene, Anderlik and Associates_, inc. IIIbe approved for general consulting work. Upon motion by Councilman Rahn, seconded Councilman Wachter, all members voting yes, it was RESOLVED that the slate of election judges for the village election on November 6, 1973 according to the list attached to these minutes be and is approved. The Ccuncil then reviewed the application of Mr. Carl Mooney :nor the division of Lot 3, Block 2, Oak Chase No. 2 for two single family residences including a variance from Ordinance #6 requirements. Upon recommendation of the APC and the Board of Adjustments and upon motion by Councilman Rydrych, seconded Councilman Wachter, it was RESOLVED that the application for vsr apce be denied x for reasons recommended by the APC and Board of Adjustments. AU. members voted in favor. 111 Upon motion duly made and seconded it was R.E.SOLVED, that the application of Gerald Woods for a variance from the 5 acre requirement and from access to a -9- public street for a residential building permit on a 12 acre parcel South of c00_ Lake be approved. The APC and then Board of Adjustments and Appeals recom- mended approval. The Village Engineer then submitted a proposed resolution regarding the need to acquire a license agreement with the Chicago Northwestern Railway Co, for the installation of a storm sewer under the railroad right-of-way in Section 5 North of Highway #13. Upon motion by Councilman Rahn, seconded by Councilman Rydrych, all members voting yes, it was 1E3OLVED that the resolution be authorized and that the Village Engineer and Village Attorney be authorized to enter into negotiations for an appropriate license agreement and further that a letter be sent to Alexander Construction Company indicating that the Village would be taking over the supervision and maintenance of the pipe being installed under the rail road right-of-way. Upon motion by Councilman Wachter, seconded Councilman Rahn, all members: voting yes, it: was RESOLVED that the letter dated September 21, 1973 from the Metro Service Area 5 Advisory Board including Burnsville, Eagan and Bloomington be adopted by the Village of Eagan and be authorized to be sent to the MSB con- cerning the capital improvement program before the MSB. The Council then reviewed the letter of September 27, 1973 from E. T. Chromy Construction Co. concerning its request for arbitration for the installation cf the utilities on Lexington Avenue in the area of the bulk mail facility,. The Village Attorney was requested to review the complaint of Mr. Chromy and to arbitrate the matter if possible and report back to the Council. Upon motion by Councilman Rahn, seconded Councilman Rydrych, all members voting yes, it was RESOLVED that the bills as presented to the Village Council be ordered paid according to the following schedule: # 97 through # 102;. # 16:�7 through # 1659; # 11270 through # 11335. Upon motion the meeting adjourned at 12:30 p.m. Dated: October 2, 1973 -10- . . 110 EXTRACT OF MINUTES OF MEETING OF THE VILLAGE COUNCIL VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA HELD ON OCTOBER 2, 1973 Pursuant to due call and notice thereof, a regular meeting of the Village Council, of the Village of Eagan, Dakota County, Minnesota was duly held at the.Village Hall in said municipality on the 2nd day of October , 1973 at 7:30 o'clock P.M. The following members were present: Mayor Polzin, Councilmen Smith, Rydrych, Wachter, Rahn and the following were absent: None The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Imp. Project #49-Part 2 of Wk of NWT of Section 17; part of Sk of NE3 of Section 18; all in T27, R23. in the official newspaper in accordance with a resolution heretofore adopted by the Village Council, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting was open for the consideration of objections, if any, to said proposed assessments. All persons were then given an opportunity to present oral objections, and all written objections theretofore filed with the clerk were presented and considered, and all such objections were tabulated as follows: NAME PROPERTY NATURE OF OBJECTION None • • 1 - Councilman :Wachter then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IMP. PROJECT #49- 2 of Wk of NWk of Section 17; part of Sk of NEk of Section 18, all in T27, R 23. BE IT RESOLVED by the Village Council, of the Village of Eagan, Dakota County, Minnesota, as follows: (1) The clerk, with the assistance of a qualified person heretofore selected by the Village Council has calculated the amount proper and necessary to be specially assessed for Imp. Project #49-2 of the Wk of NEk of Sec. 17; part of Sk of NEB of Section 18, all in Township 27, Range 23, against every assessable lot, piece or parcel of land affected thereby upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes Annotated, Section 429, and notice has been duly published and mailed, as required by law, that this Council would meet to hear and pass upon all objections, if any, and to amend said proposed assessments as might be necessary, and said proposed assessment roll has at all times since its filing been open for public inspection, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessments taracbcsrattxgassFumedaztackarzxlseenximzested as ximp xmix poky xs i *Fxmi xs sxi jt', (2) This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment roll (alkxsormuseasdeadOck was and is specially benefitted by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land, respectively, and that such amount so set out is hereby levied against each of the respective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll (xxx );* is hereby adopted and confirmed as the proper special assessment for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of 8 % per annum accruing on the full amount thereof from time to time unpaid shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1973 , to be payable with the general taxes collectable during the year 19 74, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, to be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. (4) Prior to certification of the assessment roll to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment with interest accrued to the . date of payment to the Treasurer of the Village. * Strike the matter in parentheses if assessment roll was not amended. 2 - • • (5) The Clerks Asti, e0 soon as may be, prepare a transmit to the County Auditor a certified duplicate of the asedeitent rot' , with each Bien unpaid installment and interest set forth separately to e extended upon the proper tax lists of the County, and the County Auditor shall there's after collect said assessments in the manner provided bylaw. (6) The proposed assessments heretofore made in reS ect of the improvement shall be and are hereby amended so as td read as Shown below, and the a erk is authorized and directed to indicate the said amendments on the face Of said assessment rolls NAME PROPERTY , ASSESSMENT AS AMENDED NONE The motion for the adoption of the foregoing resolution was duly seconded by Councilman Rydrych and upon vote being taken thereon the following voted in favor: Mayor Polzin, Councilman Smith, Rydrych, Rahn and Wachter and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting Clerk of the Village of Eagan, Dakota County, Minnesota, do hereby CERTIFY that I have compared' the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a true and complete trans- cript of the minutes of a meeting of the Village Council of said municipality duly called and held on the date therein indicated, so far as the same minutes relate to the levy of assessments for an improvement of said munici- pality. Witness my hand and the seal of said Village this 4th day of October , 19 73 ., A7ez //3s-ems (S E A L) Village Clerk - 3 Y • • EXTRACT OF MINUTES OF MEETING OF THE VILLAGE COUNCIL VILLAGE OF EAGAN, DAKOTA COUNTY• MINNESOTA HELD ON October 2, 19 73 Pursuant to due call and notice thereof, a regular meeting of the Village Council, of the Village of Eagan, Dakota County, Minnesota was duly held at the Village Hall in said municipality on the 2nd day of October , 19 73 at 7:30 o'clock P.M. The following members were present: Mayor Polzin, Councilman Smith, Rydrych, Wachter, and Rahn and the following were absent: None The Clerk presented an affidavit showing publication of Notice of Hcaring on the proposed assessments for IMP. PROJECT #88 Lots 1 - 7, Block 1 Skovdale Addition & Ni of SW3 of Section 22; in the official newspaper in accordance with a resolution heretofore adopted by the Village Council, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting was open for the consideration of objections, if any, to said proposed assessments. All persons were then given an opportunity to present oral objections, and all written objections theretofore filed with the clerk were presented and considered, and all such objections were tabulated as follows: NAME PROPERTY NATURE OF OBJECTION NONE I - 1 - J I • Councilman T ftiow then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IMP. PROJECT #88 Lots 1 - 7, Block 1, Skovadale Addition & N1 of SW4 of Section 22. BE IT RESOLVED by the Village Council, of the Village of Eagan, Dakota County, Minnesota, as follows: (1) The clerk, with the assistance of a qualified person heretofore selected by the Village Council has calculated the amount proper and necessary to be specially assessed for Imp. Project #88 Lots 1 - 7, Skovdale Addition and the North k of the Southwest 4 of Section 22; against every assessable lot, piece or parcel of land affected thereby upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes Annotated, Section 429, and notice has been duly published and mailed, as required by law, that this Council would meet to hear and pass upon all objections, if any, and to amend said proposed assessments as might be necessary, and said proposed assessment roll has at all times since its filing been open for public inspection, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessments (amix xp:mxpoxmmi Galax x tic kto x cadalximix1 3ek kecK• (2) This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment roll xsrxx�0c was and is specially benefitted by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land, respectively, and that such amount so set out is hereby levied against each of the respective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll *xxx m*)* is hereby adopted and confirmed as the proper special assessment for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of 8 7. per annum accruing on the full amount thereof from time to time unpaid shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual installments extending over a period of 20 years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1973 , to be payable with the general taxes collectable during the year 1974 , and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, to be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. (4) Prior to certification of the assessment roll to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment with interest accrued to the date of payment to the Treasurer of the Village. * Strike the matter in parentheses if assessment roll was not amended. .. 2 .. r (5) The Clerk, shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each then unpaid installment and interest set forth Separately, to be extended upon the proper tax lists of the County, and the County Auditor shall there- after collect said assessments in the manner provided by law, (6) The proposed assessments heretofore made in respect of the improvement shall be and are hereby amended so as to read as shown below, and the clerk is authorized and directed to indicate the said amendments on the face of said assessment roll. NAME PROPERTY ASSESSMENT AS,AMENDED None The motion for the adoption of the foregoing resolution was duly seconded by Councilman Smith and upon vote being taken thereon the following voted in favor: Mayor Polzin, Councilman Smith, Wachter and Rahn and the following witimixaszimakxmommx abstained: Councilman Rydrych. Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting Clerk of the Village of Eagan, Dakota County, Minnesota, do hereby CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a true and complete trans- cript of the minutes of a meeting of the Village Council of said municipality duly called and held on the date therein indicated, so far as the same minutes relate to the levy of assessments for an improvement of said munici- pality. Witness my hand and the seal of said Village this 4th day of October , 19 73 (S E A L) Village,Clerk - 3 -