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08/20/1974 - City Council Regular . .f. MINUTES OF THE REGULAR hERTIN4 OF T'4E CITY COUNCIL EA AN, NMEN 3aOTA A*must 20, 1974 The regular meeting of the City Council was held at the City Fall, 3795 Pilot Knob Road at 6:30 p.m. All members were present. After the Pledge of Allegiance, upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the minutes of the regular neeetias,,, of August_6, 19 '► be approved with the following changes: On Page 2 the second paragraph should read that the Park Committee be allowed to purchase equipment needed for seeding and to hire a part time individual to up-grade certain park areas; on Page 6 the second paragraph should provide that the Clerk is authorised to advertise for bids in connection with Project #139-A to be opened on Septembar 16, 1974 at 3:00 p.m.; on Page 8, the second paragraph should read that the IIIEngineer presented plans and specifications concerning Project #150, Blackhawk Hills Addition street improvements and opening of bids to be held on Project #150 on August 29, 1974 at 3:00 p.m. y an h, appeared on behalf of the Utility Department and requested that the Council authorize the purchase of two additional tr ckks for the Utility Depart- ment replacing the 1968 Chevrolet and 1969 Ford. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the Utility Supervisor through the Clerk be authorized to request bids for the purchase of two trucks for the Utility Department, Barbara Schmidt appeared for the Park Committee and requested clarification concerning income from rental property.,used for park purposes and also atLic recreation income. It was suggested that this type of income be from rental property to be paid directly to the City Treasury and that further review of park recreation income be made. -1- III '`b Conner. ...'_ :oa [sew: " _.. <<,31 ?.�? : .,:. ti-,.G i;s:c:oe... r. l'ar erea includtug Pilot Knob School. Na c oA.: e.{.is teen. M'.. 34un::s ' cnapson appeared ou behalf of his application for a 40 z 80 foot steel hei"Idi,.: }► r ;tt 2or Town and Country Disposal Service on Dodd Road. Upon m ,S.an by Polzin, seconded ded Smith, a?l members voting in favor, it was RESOLVED that tha application. be approved subject to acquiring a letter of no objection from t , neighboring owner. no application of the Valle View A artment owner for a 5' x. 12' sirr 7.e fa ced : 3:271 :lean Road advertising the apartment complex was next presented Upo4 w:'rticn by Polsin, seconded Rydrych, it was RESOLVE?) that the application be app owed provided that one existing sign for Valley VS.V..7 Apartments be removed. The Mayor then convened the public nearing concerning the asaessmE.+n: project as follows: 1. 10 . Pro9ect #126 - sewer and va5ter improvements to t;w±oc'., e 1st Addition. Thera were no objections to the project. Upon motion by Rahn, seconded Poizin, all 4,em6r;:r: voting in favor, it was RESOLVED that the roll be adopted and certified to the a*.z61.01.. 2. Imp. Project #117 - sewer and water services to Oak haeo ' addition alla-` :?t'.k ris3&e 3rd Addition. There were neighboring owners prese• , b-,±: n.' ob sec-; i e%s; : the roll. Upon motion by Wachter, seconded Rychyc'c., OA ..ze: ba s vot;:` s ye : •t was RESOLVED that the roll be adopted and authorized te4Ad ear:!f:ct to the County Auditor. 3. , .. Project #129 - sewer and water sc.rvi:.;es ico Sou:b. :iI.?.!l la t Addition. There were no objections to the roll. Upon 1 At ,cii by Rd an, ac::onded Smith, all members voting yes, it was RESOLVED that the roll. . z pt -,, _:;1:1 ce-:ti.fied to the County Auditor. 4. Trip. r•o+ect #127 „ w erc .LV :10∎.•s Rnne. II) objections to the project. Upon motion by Smith, seconded WacAlt , c.1i rmunbers voting in favor, it was RESOLVED that the w,cll be adopted a:d tL::yt {:onsent be acquired from the State of Minnesota Public Safety Divt io co nc:rn_t ag eos�;:aculent of the driver's training property on Cliff Road. -2- • i. III5. Ire. 5:a.e ect i _2-Q ctt'eet 3.E;1^>'e e:3^,nGWs on Wa,ecott Mils Drive, Mt, Enrry Ray appeared on behalf of Bill Sn•it'e, the owner of Carriage Hills Golf Course and objected to the assessment roll on the basis that the improvement was un•setisfactery and because of the excessive ultimate cost. The City Engineer explained the reasons for the increase in costs. It was noted that the total cost of the project was $33,408.17, the estimated cost was $18,000.00 a sub-cut of $5,939.80 and $2,603.00 for storm sewer improvements. It was recommended by the Assessment . Committee that the sub-cut portion be paid by the City and that the storm sewer improvements be assessed at a later time. Other neighboring property owners appeared and objected to the assessment roll and a letter from Mary Louise Thorp was submitted recommending that the assessment be spread on residential property on some basis other than front foot. After approximately 1 hour the Mayor declared the hearing closed. The Council discussed whether the objecr:iva of the road was basically for commercial purposes and further that the improvements were requested by two commercial type users. There was also a question as to whether the cownarciel aad residential property chould be assessed equally in light of the fact ti at the improvement is essentially of a residential equivalent nature. Upon motion by Rahn, seccx:'ed Rydrych, all members voting yes, it was RESOLVED that the :decision on the assessment roll be continued until 7:00 p.m. on September 3, 197 4. :, 7 Fro eet #.=25, ,��Y4, 38, #4 ands - hearing for street, storm sewer and utility assessments for ;ownview 1st Addition. A letter from Metram, the owner of the property involved, was read requesting that the assessment hearing be cancelled and that Outlot A continue to be assessed with the acceosments included above. It was noted that Metram has requested the shift of assessments originally and upon motion by Smith, seconded Wachter, all members voting in favor, it TSB RESOLVED that the assessment hearing be cancelled as the developer requested but that it be subject to payment of the cost of respreading by the developer. -3- III de . �..�E..� th_appeared requestir a railar remit t fog- propene being purchased by nine from I'e ,n:th Roundle on the West side of Pilot Knob Road North of Fish Lakes at 3709 Pilot Knob Road. Upon motion by Rahn, seconded Smith, all members voting yea, it was RESOLVED that the permit for trailer be granted for one year only. The application of Minnesota Federal Savir:s and Loan Association for approval of the original site plan and for building permit for their building at the euth- east corner of Highway #13 and Rahn Road was next presented. A letter from Tyr. Voight of Voight and Foure, Inc. architects for Minnesota Federal was read requesting that the original plan be granted and explaining that in the event that thst plan is not granted by the Council that the Fannesota Federal facility would not be built in that location. Mr. Richard Stryker and biro Voight appeared on behalf of t he applicant. It was noted that a meeting had been %elli =:-et-neon the developer and the Council members on August 12th to review the application in detail. The Council also reviewed the minutes of the APC and Council meetings relative to the grant of the building permit for Perkins Cake and Steak, the fact that n I.u; .M ng permit for Perkins Cake and Steak had been issued and that the fact that it apnea~ed t ±at the applicant for that building permit had not ful- filled all the requirennIi:s of the July 2, 1974 meeting. The layout presented as n oposed ior roe al improvements for the area presented by the DCR Co. was also reviewed. After considerable discussion, upon motion by Rahn, seconded Polein, s€: fas moved that the permit be granted on the basis of the original plan for the location of the building and the access service drives to the Minnesota 'G'ede: cl Building be granted. Those voting for were Rahn and Poi in, those eg.ai„st ware smith, Rydrych and Wachter. Reasons given for voting against included the fart that the alternate sketch or proposal for the access to the building an submitted by the developer appears to be preferable in that it would relieve the -4- IIIpotential c nges::ion of traffic and safety hazard problem from the cutlet onto the service road on Rahn Road in the vicinity and East of the access from the Hid-America National Bank of Eagan drive-in tellers. The revised plan would provide for exit South of that location; further that the difficulty for a right turn from the service road as proposed by the developer to Rahn Road would create a traffic problem because of the sharp turn required in driving from the service road and proceeding Northerly on Rahn Road. It was felt that a smaller building on the property could relieve the problem and possibly relieve the congestion and yet retain sufficient parking for the facility. It was further noted that the building permit was delivered to DCR Co. for the Perkins Restaurant but that conditions had been laid down for platting and approval of the street layouts at the time of the building permit according to the July 2nd minutes; further that the developer first appeared before the City Council on August 6th l'ega.i3 the IIIMinnesota Federal application. A letter from Inver Grove Heights requesting whether the City of Eagan wou I install rater lines to supply the NSP Wescott NLG Plant East of Section 25 in Inver Grave Heights was reviewed. Upon motion by Wachter, seconded Rydrych, all members voting yes, it ras RESOLVED that the request of NSP and the City of Inver Grove Heights for service to the Wescott NLG facility be installed by the instal- lt:',na of the water line to that location only under the condition that NSP pay the entire cost of the extension of the line. A request of Thitsource Corporation for a sewer, water and storm sewer feasi-. b .l ittyy stud- k'cr- Mission Hills Phases I and II was next presented. Upon motion by Rain; seconded Pol.:i n, it was RESOLVED that the Engineer be ordered to prepare a feasibility study under the condition that Unisource pay the cost of the feas .''i lity study. All members voted yes. p The Council reviewed briefly the proposed joint powers agreement between III Eagan and Durnsleille regarding the River Hills 9th Addition utility cervices. Upon motion by Polz:Ln, seconded Rydzych, all members voting yes, it was RESOINZD that the contract be approved subject however to complete review by the City Attorney and City Engineer and that paragraph 8 be revised to provide that a general mill levy or assessment be levied by the City of Eagan rather than only a general mill levy on the property involved. The Council then reviewed the proposed draft of Ordinance #53 relating to tree_ diseases and recommended changes in the draft. Upon motion by Rydrych, seconded Wachter, all members voting in favors it was RESOLVED that the election judges in the City of Eagan be henceforth paid the minimum wage required by Minnesota Law - $2.00 per hour. Upon motion by Rahn, seconded Smith, all members voting yea, it was RESOLVED IIIthat the request of the owner of Lot 1 Block 1. Blackhawk Halls .fc�r water stubs be referred to the City Engineer for study and report to the Council, Upon motion by Wachter, seconded Rydrych, it was RESOLVED that equipment; manpcwer and material as requested by the Park Committee for use in parks be paid from park bond funds in the sum of $3,475.00. Upon motion by Smith, seconded Rahn, all members voting yea, it was RESOLVED that plans and REasifications for a utility garage addition be approved and that the Clark be authorized to advertise for bids to be opened September 3, 1914 at 2:00 pom. at the City Hall. The Council authorized the Clerk to advertise for the rental of the Janet yehne property bowie in the sum of $350.00 per month. A letter from the Minnesota Zoological Board indicating its willingness to enter into an abrcenent concerning payment for sanitary sewage facilities to its zoo location in Apple Valley - Eagan and that the payments for the cost be spread out over 15 years. The Council also discussed whether a surcharge above the -6- SAC charge paid to Apple Valley should be paid the City of Eagan, No decision was made on this matter. Upon motion by Smith, seconded Rahn, all members voting yea, it was RESOLVED that a lighting layout fcr Woodgate #1 Addition be approved. Upon motion by Polzin, seconded Rydrych, all members voting yes, it was RESOLVED that the application of Beurre' Co., the developer of jandale, for a replacement sign be approved. The request for a si, n permit for Sample Simon on its building near Highway #13 was again reviewed. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the permit be granted in the event that it is placed on the mansard part of the roof and not on top of the building. Upon motion by Rydrych, seconded Wachter, all members voting yea, it was RESOLVED that the contract for Woodgate 1st Addition with Alexander_ Co-struc; on IIICo. consisting of Project #140-A be approved and ordered signed; further that the contract for seal coating for 1974 with Blacktop Construction Co. be approved and ordered exec'ited. The City Engineer then reviewed the proposed comments to the Dakota County thoroughfare plan prepared by the City Engineer. Upon motion by Wachter, seconded Polzin, it was RESOLVED that the comments as reviewed be adopted by the Council and a copy be sent to the Dakota County Board of Commissioners. Upon motion by Polzin, seconded Rahn, all members voting yea, it was RESOLVED that bills be ordered paid according to the following schedule: #249 through #251; #446 through #495; and #12871 through #12981. Upon motion made and seconded, the meeting adjourned at 1:45 p.m. August 20, 1974 eu L �� _ -7— EXTRACT OF T~TINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, rIINNESOTA HELD ON August 20 19 74 Pursuant to dt~e call and notice thereof, a regular meeting of the City Counci~, bf the .City of Eagan, Dalcota County, Minnesota was duly held at the City Hall 3.n said municipality on the 20th day of August , 19 74 at 6:30 o'clock BM. The following members were present: Mayor Polzin, Councilman Rahn, Rydrych, Wachter and Smith and the following were absent: none The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Imp. Project ~k129 - sewer and water services to Sotith Hills 1st Addition. in the icial newspaper in accordance with a resolution heretofore adopted by the ~e 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: I~'AME PROPERTY NATURE OF OBJECTION -1- • Councilman Rahn and moved its adoption: then introduced the following resolution RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IMP. PROJECT #129 sewer and water services to South Hills 1st Addition BE IT RESOLVED by the Council, of the Vaggiel of Eagan, Dakota County, Minnesota, as follows: (1) T449.1erk, with the assistance of a qualified person heretofore selected by the *liaise Council has calculated the amount proper and necessary to be specially assessed for Imp. Project #129 - sewer and water services to South Hills 1st Addition 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 (s xtaiimmt xats< st m gtx tftx e*x +Aftx x x Alfrx Sixxit5txkit t to taxetiatt xk t k* (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 traammonsamuladVe 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 (vimep* 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 15 years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1974 , to be payable with the general taxes collectable during the year 1975 , 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 tkinlithagew City. * Strike the matter in parentheses if assessment roll was not amended. 2 - (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 iaterest 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 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, Councilmen Wachter, Smith, Rydrych and Rahn 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 Cleric of the City of Eagan, Dalcota 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 City 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 City this 20th day of August 1974 (S E A L) ~~L G~a~ ~1erk - 3 - EXTRACT OF IfINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, TIINNESOTA HELD ON August 20 1974 Pursuant to due call and notice thereof, a regular meeting of the City Council, of the .City of Eagan, Datcota County, Minnesota was duly held at the City Hall in said municipality on the 20th day of August , 1974 at 6:30 0' clock P.M. The following members were present: Mayor Polzin, Councilmen Rahn, Wachter, Rydrych and Smith and the following were absent: none The Clerk presented an affidavit showing publication of Notice of HEaring on the proposed assessments for I~ap. Project ~k127 - water main in Cliff Road. in the of ~~al newspaper in accordance with a resolution heretofore adapted by the Council, ~vhich 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 1 Councilman Smith then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IMP. PROJECT ~~127 - water main in Cliff Road City City BE IT RESOLVED by the Council, of the Veaof Eagan, Dakota County, Minnesota, as follows; (1) Th lerlc, with the assistance of a qualified person heretofore selected by the V~~ge Council has calculated the amount proper and necessary to be specially assessed for Imp. Project ~~127 - water main in Cliff Road 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 (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 ~i~* 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 (ir~* 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, toge'.ther with interest on the entire assessment from the date hereof to December 31, 1974 , to be payable with the general taxes collectable during the year 19 75, 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 ~iiiie~. City. * Strike the matter in parentheses if assessment roll was not amended. 2 w (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 en the face of said assessment roll. NAME PROPERTY ASSESSMENT AS AMENDED The motion for the adoption of the foregoing resolution was duly seconded by Councilman Wachter and upon vote being taken thereon the following voted in favor; Mayor Polzin, Councilmen Rahn, Rydrych, Wachter and Smith aad 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 Cleric of the City of Eagan, Dalcota County, Minnesota, do hereby CERTIFY that I have comoared 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 City 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 City this 20thday of August , 1974 (S E A L) lerk - 3 - EXTRACT Or' T~~ZNUTES OF MEETING OF THE .CITY COUNCIL CITY. OF EAGAN, DAKOTA COUNTY, rIINNESOTA HELD ON August 20 ].9 74 Pursuant to due call and notice thereof, a regular meeting of the City Council, of the City of Eagan, Dalcota County, Minnesota was duly held at the .City Hall in said municipality on the 20th day of August ~ i9 74 at 6: 30 0' clock P .M. The following members were present: Mayor Polzin,Councilmen Rahn, Smith, Rydrych and Wachter and the following were absent: none The Clerk presented an affidavit showing publication of Notice of HEaring on the proposed assessments for Imp. Project ~~126 - sewer and water imp. to Wood gate 1st Addition, in the official newspaper in accordance with a resolution heretofore adopteu by the ~ Council, which affidavit was examined, found satisfactory, and ordered glaced on file. The Mayor announced that the meeting was open for the consideration of objection3, if any, to said proposed assessments. All persons were then given an opportunity to present oral objections, and ali written objections theretofore filed with the clerk were presented and considered, and all such objections were tabulated as follows: NAME PROPERTY NATURE OF OBJECTION I Councilnwan Rahn ausm then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IMP. PROJECT ~~126 - Sewer and water improvements to Woodgate 1st Addition, BE IT RESOLVED by the City Council, of the City of Eagan, Dakota County, Minnesota, as follows; (1) The cleric, with the assistance of a qualified person heretofore selected by the City Council has calculated the amount proper and necessary to be specially assessed for Imp. Project ~~126 sewer and water improvements to Wood gate 1st Addition, 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 (ats}xerac~rs~ (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 (~ 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 ( 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 $ % 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, toge'.ther with interest on the entire assessment from the date hereof to December 31, 1974 , to be payable with the general taxes collectable during the year 1975 , 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 City. * Strike the matter in parentheses if assessment roll was not amended. 2 - (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 The motion for the adoption of the foregoing resolution was duly seconded by ~Tt'~Il~I~{ ayor. Polzinand upon vote being taken Chereon the following voted in favor: Polzin, Rahn, Smith, Wachter and Rydrych. 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 Cleric of the City of Eagan, Dalcota 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 City 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 City this 20th day of August , 19 74 (S E A L) ±~~Clerk - 3 - EXTRACT OF T~IINUTES OF MEETING OF THE CITY COUNCIL CITY GF EAGAN, DAKOTA COUNTY, r1INNESOTA HELD ON SEPTEMBER 3 1974 A1~ID AUGUST 20, 1974 Pursuant to due call and notice thereof, a regular meeting of the City Council, of the City df Eagan, Dakota County, Minnesota wgs duly held at the ' 'City Hall in said municipality on the 3rd day of September , 1974 at 6:30 o'clock P.M. (continued from August 20, 1974) The following members were present: Mayor Polzin, Rahn., Smith and Wachter and the following were absent: Rydrych The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Imp. Project ~k122-A, Wescott Hills Drive street improvements, in the o~€~~,isl newspaper in accordance with a resolution heretofore adopted by the idl0a Council, which affidavit was examined, found satisfactory, and ordered gl.aced on file. The Mayor announced that the meeting was open for the consideratio*i 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 PROPI;P.TY NATURE OF OBJECTION Mr. Harry Ray, Carriage Hills Golf Imp. unsatisfactory & excessive Attorney for Bill Smith Course costs. Mary Louise Thorp Abutting property owners Objected to same treatment for residential and commercial property ~1- Councilman Rahn then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IMP. PROJECT ~~122-A - Wescott Hills Drive street improvements. BE IT RESOLVED by the ~ Council, of the ~ of Eagan, Dakota County, Minnesota, as follows: (1) The clerk, with Che 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 ~~122-A - Wescott Hills Drive street improvements; 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 (dxpxep~xasgas~stxi~asxbsadsdx aaxs~axaax~sa#nxgaaee~ax~fx~an~~xh3cxxeae~x~tea~n}~cxad~i:s~x~i~axdai:s~~s. (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 (a~tx~sct~+k 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 (~iax~daad~# 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 10 years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 19 74, to be payable with the general taxes collectable during the year 19 75 , 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 City. * Strike the matter in parentheses if assessment roll was not amended. 2 (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 PROl'?:RTY ASSESSMENT AS AMENDED The roll was certified to reflect $4,00 per front foot assessment for residential property abutting Wescott Hills Drive and $5.91 per front foot for all other property used for commercial purposes including the golf course abutting Wescott Hi11s Drive; the balance of the cost of the road will be paid by the City from the road and bridge fund. The motion ~or the adoption of the foregoing resolution was duly seconded byu®num~mayor polzin and upon vote being taken thereon the following voted in favor: Rahn, Polzin, Wachter and Smith and the following voted against same: none Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ss. COUNTY Or DAKOTA ) I, the undersigned, being the duly qualified and acting Cleric of the City of Eagan, Datcota 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 City 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 City this 3rd day of September ~ lg 74 (S E A L) Villa a Clerk - 3 - EXTRACT 0~' IlIINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, r1INNESOTA HELD ON August 20, 1974 Pursuant to due call and notice thereof, a regular meeting of the City Council, of the City of Eagan, Dalcota County, Minnesota was duly held at the City Hall in said municipality on the 20th day of August , 1974 at 6:30 o'clock P.M. The following members were present: Mayor Polzin, Smith, Waehter, Rahn and Rydrych and the following were absent: none The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Imp• Project ~k117 - sewer and water service to Oak Chase 2nd and 3rd Addition in the offiE~~ newspaper in accordance with a resolution heretofore adopted by the 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: DAME PROPERTY NATURE OF OBJECTION w 1 .. Councilman Wachter then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IMP. PROJECT ~~117 sewer and water services to Oak Chase 2nd Addition and Oak Chase 3rd Addition. BE IT RESOLVED by the l~dia~m Council, of the C~ of Eagan, Dakota County, Minnesota, as follows: (1) The c~erlc, with the assistance of a qualified person heretofore selected by the Council has calculated the amount proper and necessary to be specially assessed for Imp.'Project ~k117, sewer andwater services for Oak Chase 2nd Addition and Oak Chase 3rd Addition, 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, aad 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 (~aaatxsatdxpxep~ssdxasasaa~eaitxi~x~tx~aft~s~4~~x 3[ ~x~nams (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 (auma~iu~h~* 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 ( * 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 $ % 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 i5 years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 19 74, to be payable with the general taxes collectable during the year 19 75, 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 City. * Strike the matter in parentheses if assessment roll was not amended. - 2 - (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 cn the face of said assessment roll. NAME PROPERTY ASSESSMENT AS AMENDED 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, Councilmen Rydrych, Rahn, Wachter and Smith 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 Clertc of the City 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 City 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 City this 20 day of August lg 74 ~~ (S E A L) Clerk - 3 -