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08/03/1976 - City Council Regular MINUTES OF A RECUL&R. MEETING OF THE EAGAN CIT`i COUNCIL EAGAN, MINNESOTA August 3, 1976 A regular meeting of the Eagan City Council was held on August 3, 1976 at 6:30 P.M. at the City Hall. All members were present. BOARD OF ADJUSTMENTS AND APPEALS 1. CARL HEINE - VARIANCE. The application of Carl Heine under Ordinance #52 for variance from the public street requirement for a single family dwelling on a 5 acre parcel in the NE' of Section 23 on County Road #30 was first reviewed. The AFC recommended approval. Dr. Heine appeared and there was a question concerning access to County Road #30. He indicated that Kenneth Anderson, the traffic engineer. stated that there would be no objection to the location of the access. The Board re viewed the raceterdation regarding a variance from the improved street require- ments. Upon motion by Polzin, seconded Rahn, all members voting in fel-or, it w=.0, RESOLVED that the Board of Appeals recommend the grant of the variance. MINUTES. Upon motion by Rahn, seconded Wachter, all members voting in %.i6 ..- it was RESOLVED that the exinuLes or Ltim 2(1. 1a76 meeting be approved as distributed, iOLICE PEUPRTM NT. Upon motion by Wachter, seconded Rydrych, all teembers voting yes, it was RESOLVED that the recommendation of the police department concerning Rahn, Blackhawk Road and Dodd Road for sign posting be approved. FIRE DEPARTMENT BUSINESS. There was no business. UTILITY DEPARTMENT BUSINESS. The Engineer recommended that city policy be adopted to provide for televising new sanitary sewer lines at the time of acceptance which cost would be estimated at 50 cents per foot and contracted on a yearly basis. The cost could b4 charged back to the benefited property owner. Upon motion by Rahn, seconded Rydrych, it was RESOLVED to continue the matter to the next meeting. All members voted yes. -1- r PARK CO T`CEE. Barbara Scheidt was present. 1. Mrs. Schmidt submitted a list of owners who had not complied with the diseased tree removal requirements and she indicated that there is a review being made as to whether certain rural areas could be exempted from the strict removal requirements. 2. Mrs. Schmidt recommended that the park improvements of River Hills 9th Addition be accepted and indicated that Pemton had complied with all re^;uects or the city. The Engineer also recommended approval and release of the dc:•re op en bond. Upon motion by Wachter, seconded Rydrych, it was RESOLVED thct the recc zr^.^.- dations of the Park. Director and Engineer be approved and that the park be acocpted and the development bond be released. All members voted yea. 3. There was a discuscica concerning the request of Luther Stalland to hive access through Blackhawk Park from Pali;nade Way to remove his disease trees en his property. It was approved that he could have access through the par! Ile III understandleg that the park will be restored to its original condition. ABATEM'.iNT3. The City Clerk submitted a request for abatement for the Zool 3;.- cal Societ7 property in Eagan and the matter will be reviewed in more detail at the next ur.r,t:ire, FAST BEiTs;Ai TRAIL - STREET VACATION. The Mayor announced at 7 P.M. the public: hearing on the application of Arnold Carlson and Robert Tilsen to vacate that p:Irt of East Balsam Trail lying East of Carlson Lake Lane in Wilderness Run 5th Addition. Mr. Cerleoe appeared and explained the application. Upon motion by Smith, T co ltled Rahn, ell members voting yes, it was RESOLVED that the vacation be approved aril the appropriete resolutions be executed. ASSESSMENT BEARING - MISCELLANEOUS ASSESSMENTS. Upon motion by Wa. i ce seconded Smith, all members voting in favor, it was RESOLVED that the aasessne,.at li hearing originally scheduled for August 3, 1976 covering miscellaneous assessments be rescheduled for August 17, 1976 at 7 P.N. -2- ; e 8-3-75 CARL HEINE - VARTANCE. The Council next considered the application of Carl Heine for variance under Ordinance #52 from the public street requirement for single family dwelling on a five acre parcel on County Road #30. The APC recom- mended approval with conditions. Upon motion by Wachter, seconded Smith, all members voting yes, it was RESOLVED that the application be approved subject to the recomeendations made by the APC. LOLLY INNS, INC. - VOGI'S LIQUOR LICENSE. Mr. Richard Korsch, attorney, appeare on behalf of the application oil Holly Inns, Inc. for transfer of 'Vogl's liquor license to Holly Inns, Inc., a Einneseta corporation. Several representatives IXOA Holly Inns, including Mr. Pappas, President, were present. Smith moved to recommene approval of the transfer subject to approval of an agreement concerning a resident manager and compliance with all applicable ordinances, Rydrych seconded the neeion and all members voting in favor. Et. Koroch submitted a proposed arroll,-e; '' ,, rrr review covering the subjects. GUARD:5 LINDBERG , INC. - OM SALE LIQUOR LICENSE. The application of C",eree Lindberg , Inc. for on-sale liquor license at 840 Yankee Doodle Roac, Section 14 was next considered. Mr. Lindberg indicated that the parcel would be 3.6 acres including 89 parking spaces seating about 200 people. It would be at the same location PS the previous application for on-sale liquor license approved for Jerome Hagemeister. Er. Lindberg was present and reviewed the plans including concrete block building and that the opening would be in April or May of 1977. Upon motion by Ueehter, seconded Rahn, all members voted in favor, it vos P2SOLWA) to approve the application. It was noted that Mr. Lindberg or Mr. Wil)iral Hinkley will be the manager. EAGLES NEST HOMES - reanITNARY PLAT. The Mayor indicated ti,e rioL1,-1tL, a of Eagles Nest Homes, Inc. and Unlsource Corporation for preliminsry pint appzo:al of Eagles Nest Homes in the Southwest One-quarter (SW3/4) of the Northwest One-quarter (NW%) of Section 29 on Rahn Road would be discussed next. The APC recommended -3- 8.3-76 approval of the application. Mr. John Klein appeared for the applicant as did Mrs. Rose Grengs and Mrs. Betty Bassett. It was noted there would be two buildings with two units each on a two acre parcel. Irs. Bassett reviewed le;:ters from cth r communities stating their views regardir..g gre homes. Mrs. Betty Hub and from the St. Paul Schools was present. A large nun! er of neighboring residential diners were present some of whom objected to the application. A review of the state lac}* regar.�?in ; permitted use in single family and multi-fa�ily areas for phy i^ally cnd mentally disabled was discussed and the preliminary plat indicating three separate lots was reviewed. After very extended discussion, upon motion by Rydrych, second-<� Rahn, all members voting in favor, it was RESOLVED that the Council be on record approving the preliminary plat for Eagles Nest Homes. Mrs. Bassett indicated that the non-profit corporation would agree with the city in writing that in the event there is a change in use or state licensing of the group home that C;'_t;y r-- ;- :' approval would be required. GLENN PRESTON - PLATTING TIMER APPLICATION. K.en Mitchell, attorney ap:_ ear. on behalf of the application of Glenn and Betty Preston for waiver cf platting under Ordnance #10 and 02 for division of a single family lot into three lots covering Lot 5, Highview Acres in Section 4. Mr. Preston requested that the easement that was recommended by the APC over the East 30 feet not be required because there were 60 ' private right-of-way easements on the property to the Faet. Upon motion by Rydrych, seconded Wachter, all members voting in favor, it was RESOLVED that the application be approved with onnditions #2 and 0 from the APC and that the 30 foot easement not be required. ESTA-iN ZONING ORDINANCE NO. 52. The review of this ordinance amendment crac continued until the next nu etin . fliP. PROJECT #104 - LEXINGTON AVENUE. The City Eng. and City c:d; cur ocd negotiations with the Great American Insvrance Co. , the bonding co-rpary for Chrn'ny Construction Co. regarding repair work on Lexington Avenue. The Eng. was requested to continue negotiations. -4- / 8-3-76 IMP. PROJECT #179 - WATER AREA ASSESSMENTS. The Clerk submitted a list of III property owners who had written the City Clerk requesting that their property be excluded from the water area assessments under Imp. Project #179. There were persons present questioning the project and the assessments. The Council discussed the policy of not excluding areas that are bc1r3 developed and therefor: upon motion. by Smith, seconded Rydrych, all members voting in favor, it was RESOLVED that the new list as presented by the Clerk requesting exclusion be approved wit_r the exception of the Gopher Smelting and Eagan Realty Company property on Highway #t49,. It was noted that the Gopher Smelting and Eagan Realty property is in the process of being developed with one plat having been approved and the balance of the propert• in the planned development stage. IMP. PROJECT #179 - ASSESSMENT ROLL. After review of the entire assessment roll, upon motion by Wachter, seconded Smith, all members voting in {awe.' was RESOLVED that the assessment roll for Project #179 with the exception ci IIIthose parcels that were requested to be excluded and approved by the City Cc.xnc and the Asseesnent Committee be approved and the assessments be spread over 15 years at 8Z interest. All members voted in favor. G1ORGE OH gANN, JR. - TEMPORARY 3.2 BEER LICENSE. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the application of George Ohmann, Jr. for temporary non-intoxicating malt liquor license for September 11 and 12 be approved. END - CED&R GROVE TREATMENT SITE ACQUISITION. The City Clerk submitted an agreement from the Minnesota Highway Department regarding the sale of 2.2 aces of the Ceder Grove treatment site on Cedar Avenue in Section 19 to the Stele of Minnesota for Cedar Avenue 1vghway. Upon motion by Smith, seconded Rain'., it vas RESOLVED to approve the agreement. ut'-� . After d:.scucsie<z, the IImotion was withdrawn for the reason that there was a question as to whether water -5- . r 8-3-76 area assessments should be levied on the property and charged to the Highway Depart- ment. There was also a question as to whether city properties are being assessed for water area assessments. The procedure will be reviewed prior to the next meeting. HIGHWAY #49 - YANKEE DOODLE ROAD RELOCATION. The City Eng. submitted an agreement from Dakota County regarding 45% contribution by the City of Eagan for the improvement and relocation of Yankee Doodle Road at Highway X649 at an estimated cost of $50,000. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the engineers verbal feasibility report be approved and to order a written report to be prepared and a public hearing be scheduled on the project for September 7, 1976 at 7 P.M. at the City Hell. ORDINANCE NO. 66 - SENI.OR CITIZENS ASSESSMENTS. The City Atty. submitted a proposed Ordinance #66 concerning deferred assessments for Senior Citia cE '',01. was reviewed by the Council. After discussion, upon motion by Wachter, sec; IIISmith, all members voting yea, it was RESOLVED that Ordinance No. 66 as pro nte., be approved with the exception that the homestead maximum be set at 10 acres and that the total assessments not exceed $300 to qualify; further that the interest rate be set at8% per annum. All members voted in favor. JAMES TOUSIGNANT - HIGHWAY #13 IMPROVEMENTS. The City Atty. discussed negot. with James Tousignant, the owner of the Valley Lounge property concerning the proposed improvements by the Minnesota Highway Department at the intersection of Yankee Doodle and Highway #13. Negotiations have continued for a period of time and the City Atty. was requested to contact Mr. Tousignant's attorney and offer $250 for the 2,500 square foot parcel of permanent easement and 2,500 square fc :t parcel of temporary easement required. WILLIAM CARTWRIGHIT - ASSESSMENT DEFERRMENT. Mr. William Cartwright on Lone Oak Road submitted a request to defer certain special assessments on h: c property. Upon motion by Wachter, seconded Rydrych, all members voting in favor, it was RESOLVED to recommend approval of the deferment provided he qualifies fox the ordinance. -6- r - - 3-3-76 CEDAR AVENUE UTILITY CROSSINGS. A request from the Minnesota Highway III Department was submitted by the Clerk requesting that the city commence a study regarding the utility crossing on the proposed Cedar Avenue freeway . Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the City Engineer be authorized to prepare a study and submit it to the City Council. HOLLY INNS AGREEMENT. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the agreement submitted by Holly Inns regarding the Holly Inns of Vogi's liquor license be and it hereby is approved and ordered executed. Upon motion the meeting adjourned at about 11:45 P.M. DATED: --- 7 tip a-,e t _,,e. :A III M7*- • • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA HELD ON AUGUST 3 1976 Pursuant to due call and notice thereof, a regular meeting of the City Council, of the City of Eagan, Dakota County, Minnesota was duly • held at the City Hall in said municipality on the 3 day of August , 1976 at 7 o'clock P.M. The following members were present: Mayor Polzin, Councilmen Rahn, Rydrych, Smith & Wachter ai.d the following were absent: NONE The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Imp. Project #179 - Consolidated Citywide Water Area Assessment - Phases 1, 2 & 3 in the official newspaper in accerdanoe with a, resolution heretofore adopted by the City Council, which affidavits examined, found satisfactory, and ordered placed on file. were The Mayor announced that the meeting was open for the consideration of objections, if any, to said proposed assessments. All persons were than • given;an:epportunity to present oral objections, and all written objedtions theretofore filed with the Clerk sere presented and considered, amanninianfig othitatatifillifibdikEitrukfifindttiactitttChk NAME PROPERTY NATURE OF OBJECTION • • • 411 • -1- • • • • • • ' Councilman Wachter then introduced the following resolution 111 . and moved its adoption: • RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FCR IMP. PROJECT . • 4179 - Consolidated Citywide Water Area Assessment. • • BE IT RESOLVED by the City Council, of the City f Eagan, Dakota County, Mi anesota, as follows: • (1) The clerk, 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 #179 - Consolidated. Citywide Water Area Assessment •• • 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 (and said proposed assessment has been amended as to certain parcels of land, by resolution duly adopted this date)*, • • • (2) This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of t:e lots, pieces and parcels of land enumerated in the proposed assessment roil (as so amended)* was and is specially benefitted by the construction of said , improvement in not less than the amount of the assessment set apposite 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 (as amended)* 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, 1977 , to .be payable with the general taxes collectable during the year 19 77 , 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' taxe s • 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 'tothe • 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 scon as may be, prepare and transmit to • the County Auditcr 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 AB EPDED See List Attached as Exhibit "A" • • • • The motion for the adoption of the foregoing resolnt on was duly seconded by Councilman Smith and upon vote being taken thereon the following voted in favor: Mayor Poizin, Councilmen Smith, Rydrych, Wachter & 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 Clerk 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 ok* maid City this • 3 • day of August , 19 7.6 • 1-1-7 (S E A L) City glerk • . • NAME PROPERTY (PARCEL it) ASSESSMENT AS AMENDED • Murphy House 10 00400 012 04 Excluded 10 00400011 04 IF Veronica M. McLean 10 53320 050 00 James V. & Sandra Isakson lOn.02900 040 05 Lloyd Flogstad 10 02900 030 08 David A. & Shirley Lokensgard 10 02000 070 75 " Louis Motz 10 17750 070 03 It Donald Klober 10 68701 010 00 H. & J. Osterkamp 10 57750 070 00 Joseph L. Sullivan 10 02200 010 27 " 10 02200 020 27 Marvin Rodich 10 68700 030 00 " Robert Honsa 10 68700 020 00 " John D. & Marie Riley 10 15600 070 00 L. Kent & Judith Van Meter 10 01000 033 31 Robert Janecek 10 55300 160 05 Donald E. & Claudia Grant 10 01000 041 31 Bill Sell 10 16705 020 05 •RES Investment Co. 10 53320 021 00 10 53320 030 00 10 53320 085 00 10 53320 087 00 Leo Murphy 10 02100 010 28 17 Francis Franz 10 02100 010 50 " Charles J. & Lillian Rueger 10 01900 011 01 10 01900 010 11 10 01900 014 26 /I Lawrence &Doris Christian 10 01900 040 12 Donald & Betty Sandberg 10 01600 010 26 77 Frederic B. Wilson 10 01700 010 02 Walter & Loragene Dewars 10 18300 020 04 Richrad & Irene Seymour 10 01800 070 79 It 10 01800 080 79 John & Elizabeth O'Brien 10 02900 010 13 " M.Rodney Effress & 10 00200 060 26 19 Jerome M. Holper 10 00200 010 27 " Mary Post 10 00300 010 76 "'Douglas M. DeCoster 10 00300 010 78 " Frederick & Maxine DeLosh 10 00400 010 76 10 00400 010 77 " Exhibit "A" Page 2 NAME PROPERTY (PARCEL #) ASSESSMENT AS AMENDED Willard & Gertrude Berfelz 10 01200 010 28 Excluded • Parranto Bros. Inc. 10 01200 010 54 " 10 01200 010 79 " Henry J. Bruestle, Jr. 10 01600 050 06 " IT Lester & Olive E. Spencer 10 01800 010 55 Clarence A. & Agnes J. Will 10 01800 010 79 " Fredricka E. Heuer 10 02100 010 02 Carl & Marjorie Lange 10 02200 020 51 " Raymond M. & Dorine Kotscheriar 10 02200 27 IT Willard & Gertrude Berfelz 10 03800 010 12 Roger & Lois Schoof 10 15600 020 00 " Hans & Inga Berg 10 18600 050 00 " Anthony Heisler 10 47700 021 00 Jean E. & A. Rae Funk 10 44900 170 01 " Earl J. Schindeldecker 1053320 060 00 IT William H. O'Neill 10 53320 088 00 " Leo & Helen L. Green 10 57750 020 00 " Sally Mary Hipkins 10 83700 010 02 411Vernon & LaVonne Nelson 10 00800 030 04 °1 Kenneth L. Herriges 10 00800 020 75 09 Clarice I. McRae Gerald & Linda Woods 10 01000 032 31 L.R. Albrecht 10 01800 020 60 " Norman E. & Patricia Vogelpohl 10, 01800 010 76 19 10 01800 010 77 TO Henry or Margaret Bruestle 10 01600 010 79 °' Ella Englert 10 01600 010 78 " Stanley & Fern Copouls 10 01900 010 25 " Eagan Town Cemetery 10 02000 010 80 °° Elmer & Lydia Rahn 10 02900 010 06 " Joseph P. & Patricia Wachtler 10 01000 010 52 Eli E. Fournier 10 01000 010 54 TO Robert J. O'Neill 10 01000 010 56 ti Floyd & Victoria Bryant 10 02100 010 04 if Douglas M. Johnson 10 02900 010 03 '° 10 02900 010 07 t, "'George Voit 10 02900 010 05 " Thomas Giquere 10 29900 020 01 10 29900 030 01 1° James F. & Agnes Lenz 10 83700 020 01 If 10 83700 020 04 1e Exhibit "A13 Page 3 NAME PROPERTY (PARCEL #) ASSESSMENT AS AMENDED Darcy Cole & wife = 10 00300 040 77, Excluded • Gopher Smelting & Refining Co. 10 01100 010 76 10 01200 010 51 10 01200 010 55 " 10 01200 011 80 Jerome,J. & Regina Utecht 10 01700. 010, 5i Mack S. Salisbury; 10 88800~40 00 " R.J. Buchan ,10; 88800 203:00. �o „ 10'.88800 200 00 James Christensen 10 00800 030 75` Lawrence Govern 10'• 0:1800 020 70 " Mrs. Vivian L. Jackson 10 00300 030 75 ” Sam A. Ciresi'. 10 00800 010.75 . 10 44900 .120 02 „ Monica M. Rioter 10 02100 010' 51 " M/M Martin Shields 10 01000 ..010 29 a 10,00900 011 02 10 01000 020 29` . Mrs. Helen R. Altman 10 00900 020 50 ti 0, ' Exhibit "tA" A • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA HELD ON AUGUST 3 1976 Pursuant to due call and notice thereof, a regular meeting of the City Council, of the City of Eagan, Dakota County, Minnesota was duly held at the City Hall in said municipality on the 3 day of August 1976 at 7 o'clock p.M. continued to 7:00 P.M. on the 17th day of August, 1976. The following members were present: Mayor Polzin, Councilmen Rahn, Rydrych, Smith and Wachter .at':d the following were absent: NONE • The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for property omitted from prior assessments sewer & water improvement to Vogi's - Lot 3, Block 2, Cedar Industrial Park, in the official newspaper in accordance with a resolution heretofore adopted by the City 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 hen.:an:Opportunity to present oral objections, and all written objedtions theretofore filed with the Clerk were presented and considered, and all such • objections were tabulated as follows: NAME PROPERTY NATURE OF OBJECTION Ili —1— Mayor Polzin 111 ankl th:a intnce.leced the foliesne r• eeletio moved its :io :E0111.0TICN Aln:,2Tin3 ,"enD COnFIKEING ASSESSI4Et:TS FOR sewer and water improvements to Lot 3, Block 2, Cedar Industrial Park. BE IT RESOLVED by the City Council, of the City sf Eagan, Dakota Ceenty Minnesota, as follewe: (1) The clerk, with the assistance of a qualified person heretolene selected by the City Council has calculated the amount proper and neceemay to be speciaily assessed for sewer and water improvements to Lot 3, Block 2, Cedar Industrial Park, 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 assesEments 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 (and said proposed assessment has been amended as to certain parcels of land, by resolution duly adopted this date)/d, (2) This Council, havin,e; head and considered all objeeticeo so presented, and being fully advleed in the premises, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment eon (as so amended)* was and is specially henefitted by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, pieee and parcel of land, respectively, and that such ameunt so set out is hezolv levied against each of the respective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll (as amended) is hereby adopted and confirmed as the proper special assessment for each of said lots, pieces and parcls 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 sach c.es.:!ssmc-at shall be payable in equal annual instaliments extending over a period of 10 ycars, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 19 77, to he payable with the general taxes collectable during the year 1977 , and one cf each cf the remaining installments, together with one year's interest on that and all ether unnaid installments, to be payable with general taxes i eeeh consecutive year thereafter until the entire assessment is paid. (4) Prior to certification of the assessment roll to the County Ant3itor, 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. - 2 411 (5) The Clerks shall et, econ as nay be, preeere ad transmit to the Comity Auditce a certified duplicate of the assessment roll, with each then unmeid instanment sei eee forth separately, to be extended upon the pope r tax lists of the County, and the County Auditor shall there- after c...7,11sct said assessments in the nanner provided by law, (6) The proposed asscesments heretofore made in respect of the improvement :than_ 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 o said assessment roll. VANE PROPERTY ASSESSMENT AS MENDED 111 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: Polzin, Smith, Rydrych, Rahn and Wachter and the following voted against same: NONE Whereupon said resolution was declared duly passed and adopted. STATE CF MDINESOTA) ) ss, COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting Clerk 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- crIpe of the minutes of a meeting of the City Council of said municipality duly called end 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 17 day of • August , 19 76 e deti (S E A L) City Clerk - 3 - A i EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA HELD ON August 3 19 76 Pursuant to due call and notice thereof, a regular meeting of the City Council, of the City of Eagan, Dakota County, Minnesota was duly held at the City Hall in said municipality on the 3 day of August 19 76 at 7 o'clockP .M, continued to 7 o'clock P.M. on the 17th day of August, 1976. The following members were present: Mayor Poizin, Councilmen Wachter, Smith Rydrych and Rahn _aM the following were absent: NONE The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for sanitary sewer, and water improvements to Minnesota Baptist Conference property omitted from prior assessment, in the official newspaper in accordance with a resolution heretofore adopted by the City 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 40 en;an_Opportunity to present oral objections, and all written objedtions theretofore filed with the Clerk were presented and considered, and all such objections were tabulated as follows: NAME PROPERTY NATURE OF OBJECTION -1- • Ceueellmen Rahn then inteeeced the fol)eseies noels:U.0a III and mo-sed its eion: R07.0TICN A7taPlin.3 COLFIRMING ASSESSMENTS FOR sanitary sewer, and water improvements to Minnesota Baptist Conference property omitted from • prior assessment. BE IT RESOLVED by the City Council, of the City Eagan, Dakota County, Minnesoea, as follows (L) The clerk, with the assistance of a qualified person heretoTere selected by the City Council has calculated the amount per and neceelaey to be specie:Ay assessed for sanitary sewer, and water improvements to Minnesota Baptist Conference property omitted from prior assessment, against every assessable lot, piece or parcel of land affected thereby upon the basis of benefits, without regard to cash valuation, in accordance with he provisions of Minnesota Statutes Annotated, Section 429, and notice bee 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, end said proposed assesemant roll has at all times since its filing bean open for public inspection, and an opportunity has been given to all interested persons to present their objections, if any, to sueh propesed assessments (and said proposed assessment has been amended as to certain parcels of land, by resolution duly adopted this date) ,, • (2) This Council, hevin heasd and considered all obie..ztic:-.3 so preseneed, and being fully advira6 in the premises, finds that each of the Jots, pieces and parcels of land enumerated in the proposed asseesment son (as so amended)* was and is specially benefitted by the constrection of said improvement in not less than the fount of the assessment set opposite the description of each such lot, piece and parcel of land, respectively, and that such *mount so set out is hercby levied against each of the respective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll (as amended)* 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 perzel and all thereof. The total amount of each asch sesessment shall be payable in equal annual installments extending over a period of 10 years, the first of said installments, togeaer with interest on the entire aesecsment from the date hereof to December 31, 1977 , to he payable isith the general taxes collectable during the year 19 77 , and one of each cf the remaining installments, together with one year's interest on that and all other unpaid installments, to be payable with general taxes fee eeeh consecutive year thereafter until the entire assessment is paid. (4) Prior to certification of the assessment roll to the County Ahefter, the eqner of any lot, piece or parcel of land assessed hereby may 41/ - to the at any time pay the whole of such assessment with interest accrued e- ene dete of payment to the Treasurer of the city. * Strike the matter in parentheses if assessment roll was not amended. - 2 - • (5) Me Clerk, sh .,l,, ae acon a. i y be, prepare wed transmit to the County Auditra. a e za" _sit:: deps.i..a_r of the aswessmer'a roll, with each then unpreid installment and irte, _A.t. forth separately, to be extended upon vhe rnoper tax lints of the County, and the County Auditor shall there- after cell ct said assessments in the. ..aanncr provided by law. (6) The proposed ass saints heretofore made in respect of the improvement cliall 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 ANENDED 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: Polzin, Rahn, Rydrych, Smith 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 ' City cf 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, cri.pc of t le minutes of a meeting of the City Council of said municipality duly called end 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 17 day of August , 19 76 it _18 1111 (S E A L) City Clerk ---�` - 3 - EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA HELD ON AUGUST 3 1976 Pursuant to due call and notice thereof, a regular meeting of the City Council, of the City of Eagan, Dakota County, Minnesota was duly held at the City Hall in said municipality on the 3 day of August 1976 at 7 o'clock P.M. continued to 7 o'clock P.M. on the 17th day of August, 1976. The following members were present: Mayor Polzin, Councilmen Wachter, Smith, Rydrych, and Rahn •• d the following were absent: NONE • The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for sewer and water improvements on the Steven Grover property in Section 3, T27, R23 omitted from Improvement Project #12, in the official newspaper in accordance with a resolution heretofore adopted by the City 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 • : en.an..bpportunity 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- 9.,twt m, ;rii:•.�i "?"..leen i::.<.�'C.'duced the f llt ;'P_a.a:; re e✓P Czl:.;n s Gr�i �aFr.Ted its ��_��:,:.o:: R „O 'e IrN :12; iIM e.dZ, Cc ..iFIRM1 Y S i SSIAEli T.� FOR,.,.i�G :�oSE�va.L_a�;:• ��R Sewer and Water Improvements on the Steven Grover property in Section 3, T27, R23 omitted from Improvement Project #12. BE IT RESOLVED by the City Council, of the City _f Eagan, Dal_ota Coenty, Minnesota, as follows: (t ) Ths clerk, with the assistance of a qualified person heretofore selected by the City Council has calculated the amount proper and neces ary to be specia_.iy assessed for sewer and water improvements on the Steven Grover property in Section 3, T27, R23 omitted from Improvement Project #12, 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 (and said proposed assessment has been amended as to certain parcels of land, by resolution duly adopted this date)*, • (2) This Council, havin eax d and considered all Pal;jecticee so presented, and being fully adv:icd in the premises, finds that each of the Jots, pieces and parcels of land enumerated in the proposed assessment roll. (as so emended)* was and is specially benefitted by the constrseeion of said improvement in not less than the smount 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 he elta levied against each of the respective lots, pieces, and parcels of land Lherein described. (3) The proposed assessment roll (as amended)* is hereby adopted and conlira:.ad as the proper special assessment for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, togethee 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 sash csses:meat shall be payable in equal annual installments extending over • period of 10 years, the first of said installments, togekier with interrest. on the enti re ecsecsment from the date hereof to December 31, 19 77, to be pa fable with the general taxes collectable during the year 1977 , and one of oath of the remaining installments, together with one year's interest oa that a: d all ot. *sr. unpaid installments, to be payable with general taxes fee e eh consecutive year thereafter until the entire assessment is paid. (4) Prior to certification of the assessment roll to the County Prief.tor, the oc n r of any lot, piece or parcel of land assessed hereby may 41/1 at any tiws pay the whole of such assessment with interest accrued to the drte of payment to the Treasurer of the City. * Strike the matter in parentheses if assessment roll was not amended. a 2 .. 4 411 (5) The Clerk, ehall, c ;,,con as may be, p''ens, re and transmit to the County Auditce a c le7 tfied dtplicac:o cf the ascessnen'e roll, with each then ,~:ZZo.3 installment eel cet forth o separately, to be extended upon t.ha :roper tex li is of the Cony, and the County Auditor shall there- after collect said assessments in t:Ie menner provided by lane. (6) The proposed assensaen'ts heretofore made in respect of the improvement hall be and are hereby amended so as to read as shown below, and the clerk is authorized and directed to indicate the said amendmenrs on the face o : 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: Polzin, Wachter, Smith Rydrych and Rahn and the following voted against same: Whereupon said resolution was declared duly passed and cdopted. STATE CV MINNESOTA) ) ss. COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting Clerk of the *CitY of Egan, Dakota County, Minnesota, do hereby CERTIFY that I have compared the a:'itched 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 munie p;al.ity, Wit noes my hand and the seal of said City this 17 day of • August , 19 76 (S E A L) City .,lerk - 3 - ' I • • EXTRACT OB' MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA HELD ON AUGUST .3, 19 76 Pursuant to due call and notice thereof, a regular meeting of the City Council, of the City of Eagan, Dakota County, Minnesota was duly held at the City Hall in said municipality on the 3 day of August 19 76 at 7 o'clock P,.M. continued to 7 P.M. on August 17, 1976 and further continued to September 7, 1976 at 7 P.M. The following members were present: Mayor Polzin, Councilmen Rahn, Rydrych, Smith and Wachter and the following were absent: NONE The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Lot 1, Block 1, High-Site Terrace previously omitted from Water • Improvement Project #91. in the official newspaper in acccrdanoe with a rocolution herotofore adopted by the City Council, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting was open for the corsideratn of objections, if any, to said proposed assessments. All persons were th3n • giveri.:an opportunity to present oral objections, and all written objections theretofore filed with the Clerk T.rere presented and considered, and all such objections were tabulated as follows: NAME PROPERTY NATURE OF OBJECTION • i . _1_ • Councilman Rahn then introduced the following resolution • • and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR Lot 1, Block 1, High-Site Terrace previously omitted from Water Improvement Project #91. BE IT RESOLVED by the City Council; of the City _f Fagan, Dakot:. County, Minnesota, as follows: (1) The clerk, 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 Lot 1, Block 1, High-Site Terrace previously • omitted from Water Improvement Project #91 . 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 objecions, if any, to such proposed assessments (and said proposed assessment has been amended as to certain parcels of land, by resolution duly adopted this date`* (2) This Council, having heard and considered all objections so presented, and being fully advi•>ed in the premises, finds that each of t.e . lots, pieces and parcels of land enumerated in the proposed assessment roil (as so amended)* was and is specially benefitted by the construction of said improvement in not less than the amount of the assessment set epposfto the description of each such lot, piece and parcel of land, respectively, and that such amcunt so set out is hereby levied against each of the respective lots, pieces, and parcels of land therein described. • (3) The proposed assessment roll (as amended)* 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 .77 , to be payable with the general taxes collectable during the year 19 .77, 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 scon 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 ter lists of the County, end 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, arc' the c:le-:k is aethorized and directed to indicate the said amendments on the face of said assessment roll. NAMX 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: Polzin, Smith, Rydrych, Rahn & Wachter and the following voted against same; NONE Whereupon said resolution was declared duly passed and adopted. . STATE OF MINNESOTA) • ) ss. COUNTY OF DA!OTA ) I, the undersigned, being the duly qualified and acting Clerk 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 muuici- pality. Witness any hand and Lhe seal c.,r Caid City this 7 day o:t: • . September , 1976 . • �� ���� • City Jerk . (S E A L) y Y - 3 - •