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07/19/1977 - City Council Regular 7-19-77 'M Ui'S OF A MIGULAr MEE'i'I'G I OF E.,-' 117 CI :y COUNCIL E<'.GAi?, 1111- ES0:'A JULY 19, 1977 A regular meeting of the Eagan City Council was held on July 19, 1977 at 6:30 p.m. at the City Hall. All members were present. =:lso were City Engineer Rosen, City Clerk Solke, City Administrator Hedges, and City Attorney Hauge. MINUTES. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the minutes of the previous regular meeting be approved with the exception, however, on page 6, concerning the Daryl McCarthy variance. Wachter voted no on the motion; further subject to revision on page 8 regarding park contributions, rydrych moved and Rahn seconded a motion to refer the con- tribution of cash issue to the Park Couraittee for study and recommendation concerning contribution of cash in lieu of land to fulfill park dedication. FIRE STATION GARAGE DOORS. Doug Reid then appeared and recommended on behalf of the Fire Department that five new garage doors be installed at Fire Station No. 2. It was noted that quotations had been received earlier although no contract had been awarded in February of 1977. The recommendation was that the five doors be purchased at the sum of $5,534 from Train City Garage Door Company, pursuant to the earlier quotes and according to the recent 1977 revi- sion to the municipal contracting provision. Upon motion by Wachter, seconded Rydrych, all members voting yes, it was RESOLVED that the recommendation be approved and the doors be ordered as recommended. POLICE FACILITY PLAi1S. James Horne, of Horne Ixchitects, Inc,, appeared and reviewed alternates for the proposed police facility as requested by the City Council. Sketch plans of a two-level or three-level building and general interior sketch designs were reviewed. The consensus of the Council was for a third level for future use but to eliminate a ramp. Rydrych moved to endorse the concept plan presented by James Horne. Rahn seconded the motion and all members voted in favor. Rydrych then moved, and Polzin seconded a motion with -I- 7-19-77 all members voting yes that the architect be authorized to prepare plans and specifications to include the basement and first and second floors with the ramp to be excluded and an elevator without freight elevator doors. 1977 PARK CONSTRUCTIOI3 PROGRAM. John Voss of Urban Planning and Design appeared and reviewed the concept plans for improvements in four parks recom- mended by the Park Committee. Mr. Voss requested that authorization be given to prepare plans and specifications. Barbara Schmidt indicated that the School District #197 Board of West St. Paul 'has agreed to pay up to $4,000 for a walk- way and half the cost of the hockey rink grading for Pilot Knob Park. She also indicated that--the Park Committee recently became aware that the State of Minne- sota may fund 50 percent of lighted tennis courts,and there was discussion con- cerning the possibility of lighted tennis court parks other than Timberline Park. It was noted that the Timberline Association and homeowners in that area were aware of the proposal for lighted courts. The following improvements were reviewed: A) Northview Park. An easement from Lexington Avenue Easterly to the North- west corner will be provided by Lexington South, Inc. it will be a multipurpose field. B. Wellsite Park. The proposals provide hockey rink and grading for a ball field. C. South Oaks. It was suggested that future expansion be provided from a proposed dedicated area to the West. D. Pilot Knob Park. Explained above, Rahn moved and Smith seconded a motion to authorize the preparation of the plans and specifications for the project. All members voted yea. COUNTRY HOME HEIGHTS, BLOCK 5. Mrs. Marcella Burns and a proposed purchaser of Lots 4 and 5, Block 5, Country Home Heights Addition appeased and requested removal of a moratorium for construction of those two lots imposed in 1964 by the Town Board because of drainage problems. The Engineer recommended a site -2- 7-19-77 grading plan for both prior to grant of building permits on either because of the water ponding problems. Wachter moved and Rahn seconded a motion that a building permit be granted on Lot 4, Block 5, Country Home Heights Addition, subject to the submission of a proper grading plan to be approved by the City Engineer and City Building Inspector; and further, with the understanding that the property owners and proposed purchaser of Lot 4 is fully aware of the storm grater drain- age problem on that lot prior to construction. TAX ABATEMENTS. John O'Toole of the Dakota County Assessor's Office appeared with a list of five parcels, a copy of which is attached to these minutes, requesting abatement. Upon motion by Rahn, seconded Wachter, all members voting yea, it was RESOLVED that the abatements according to the schedule dated July 15, 1977 be approved. IMPROVEMENT PROJECT #162 t;SSESSMNT HEARING. The Mayor convened the assess- ment hearing concerning Improvement Project 1162, storm sewer in Ridgeview Acres and Jon Kroft Acres. City Administrator Hedges explained the assessment proce- dures and roll. There were two questions from affected property owners. Polzin moved, Rahn seconded a motion to adopt the roll and certify it to the County Auditor. All members voted yes. HIGHVIEW ACRES STREET VACATION. The Mayor then convened a public hearing regarding the vacation of the East thirty feet of Lot 3, Highview Acres as requested by Mr. and Mrs. Paul Twomey. Mr. and Mrs. Twomey were present. A letter from Osman Properties, Inc., the adjoining property owner to the North, requested that the hearing be continued to the next regular meeting to permit the Osman Properties Board to respond to the request for vacation. There was no objection from the applicant to the continuance. Wachter moved, Rahn seconded a motion with all members voting yes to continue the public hearing until the next regular meeting. NISSION MILLS PD AGREEMENT. The planned development agreements for Mission Hills North and South scheduled for review were delayed because the representative -3- 7-19-77 of the owners was not present. PARK CONSTRUCTION COMPANY - CEDAR AVENUE. Bob Rosene and Dale Peterson briefly reviewed their inspection of the Cedar Avenue dumping site and indicated that Park Construction had agreed to cut the side slope and also to post neces- sary signs near the disposal area. Poizin moved and Rahn seconded the motion with all members voting yea to request Park Construction Company to install a sign on each of two sides of the disposal area, warning danger. KENNEL PERMIT - RALPH NELSON. Mt. Ralph Nelson appeared on behalf of his application for kennel permit at 3506 South Lexington Avenue, formerly known as Silver Emblem Kennel. It was noted that a conditional use permit had been given, lapsing in 1978, but that no kennel license is in existence. The 4.8 acre parcel is zoned Agricultural, and it appeared that the kennel permit had been abandoned. Smith moved and Wachter seconded a motion to refer the application to the Plan- ning Commission to comply with the ordinance for conditional use variance and kennel permit requirements. KENNETH LEHMAN - 1385 DEERWOOD DRIVE. Mr. Kenneth Lehman appeared on behalf of his request for building permit at 1385 Deerwood Drive. It was noted that a basement had been constructed many years ago, and there is one existing single- family residence on the lot. The non-conforming use provisions of Ordinance No. 52 were reviewed and because the basement would require substantial work for reconstruction, a variance or lot split would be required. No action was taken. EFFP.ESS ADDITION ASSESSMENT DEFERMENT. A letter from Pete Parranto request- ing that assessments be deferred for Lots 1-5 of Effress Addition because of the inability to sell the lots due to proposed I-35E. A request for tax abatement has been filed with Dakota Counts and it was understood that no action had been taken. Wachter moved and Rydrych seconded a motion that the request for defer- ment of the assessments be denied because the assessments have already been levied and there does not appear to be provision for deferral; further, it would be defeating the purpose of the City of assessing the property within the • • -4- 7-19-77 proposed rights of way for interstate highways prior to acquisition by the DOT. DONNYWOOD PARK DEVELOPMENT. A large group of affected property owners around the proposed Donnywood Park area near Lemay Lake appeared and indicated that they are concerned about the hard surfacing of certain pathways on Outlots A and B connecting with Donnywood Park. The Park Committee recommended to continue path- ways plan for Outlots A and B and recommended extension beyond the back lot lines. A formal petition of about 30 persons opposing blacktopping Outlot A because of its closeness to Mr. John Tanshef's house and for other reasons includ- ing the threat to the wildlife area with excessive people. There was a request that the park be designated a wildlife area and that the City refrain from filling in any more of the pond. Also requested was that the path be installed adjacent to Outlot E rather than Outlot A, but it was noted that the development contract with the Donnywood developers provides for installation of blacktopping for Out- lots A and B, and additional fill in the swamp area adjacent to Lots 1 and 2, Block 3 of Donnywood Addition, in the event that sufficient fill is available. Mrs. Schmidt stated that the park is too small for a nature preserve and that as a park, it should have general access for the public; further, that blacktopping Outlot A would give clarity for marking access to the park. There was a petition from five owners favoring the blacktopped trails, and a very lengthy discussion ensued. It was noted there were no specific plans for long term use of the park, but it could be eventually expanded to the East at the time of development in that area to provide for a natural area. It was noted that Outlot E would require addi- tional fill for a pathway, and it was suggested that fill be placed in that loca- tion. It was further suggested that the paved portion be narrowed as much as possible on Outlot A and moved as far away from the Tanshef property as practical. A motion was made by Wachter and seconded by Rydrych with all members voting in favor to request the developer to install the blacktop path on Outlot B and also on Outlot A, but that the path be moved as faraway on the 10-foot easement on Outlot A as possible from the Tanshef house; further, that the Park Committee -5- 7-19-77 review the possibility of installing fill on Outlot E for future access to the Eastern portion of the swamp area. WESCOTT ROAD - PROJECT #195. The City Clerk submitted the list of bids for Project #195, street improvements for Wescott Road. The City Engineer and City Attorney reviewed the two low bids, including Enebak Construction Company, which without alteration would be $140 above Minnesota Valley Surfacing Company. Enebak construction's base bid was $352,183.48 less•a revision of $11,100.00, ash Minne- sota Valley Surfacing Company's base bid was $352,048.40. It was noted, however, that Enebak Construction had made alterations on a line item for 30" PC pipe sewer reducing the line item bid from $39 to $34 per linear foot with an extended reduction from $86,580 to $75,480. It was further noted, however, by City Attor- ney Hauge that the written amount per unit had not been changed, but the numerical amount and extension had been changed and initialed by Enebak. Because of the confusion concerning the change, a representative of each company appeared together with attorneys, Allan Faulconer for Minnesota Valley Surfacing Company, and Win- ston Johnson of Faribault for Enebak Construction Company. 1Ir. Johnson argued that Enebak Construction Company should be awarded the contract because it did comply with the technical bidding requirements, and Mr. Faulconer requested that the bids be rejected because of the alteration and suggested that the Council readvertise for bids. it appeared that litigation would be imminent in the event that the contract was awarded to either company. The City Engineer indi- cated that there would be time to commence construction and do a substantial portion of the road construction during 1977 by readvertising. Upon motion by Smith, seconded Wachter, all members voting yes, it was RE-SOLVED that City Coun- cil reject all of the bids for the reasons mentioned above in view of the irregu- larities in the Enebak bid, and the uncertainty as to the outcome and delays of litigation in the event such occurs and that the Clerk be authorized to read ver- tise for bids to be opened on August 19, at 3 p.m. at the City Hall. -6- 7-19-77 PP,OJECT #19€3A - COPITRACT. The bids for Improvement Project #198A consisting of Cedar Ridge and Cedar Avenue utilities opened on Wednesday, July 13, 1977, at 3 p.m, were next reviewed. The low bidder was Parrot Construction Company in the amount of $170,753.24, and the Engineer recommended approval of the low bid. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the low bid of Parrot Construction Company be approved and awarded. PROJECT #204 - BLACIM91K HILLS DTROVEI4UTS. The bids for project 1,1-04 consisting of Blackhawk Hills 2nd Addition sewer, water, and storm sewer improve- ments with Bianconi Construction Company, the low bidder in the sum of $75,562, was recommended for approval. Upon motion by Wachter, seconded P.ydrych, all members voting in favor, it was P,ESOLVED that the low bid as recommended be approved and awarded. HILLER & SCHROEDER, FISCAL CONSULTING SERVICES. Mr. Ernest Clark of Miller & Schroeder, Fiscal Consultants of 3loomington, appeared and reviewed the proposal of Miller & Schroeder to act as fiscal consultants for the City of Eagan. The proposal was that the fees be paid on a minimum fee basis for each bond issue or on a time basis. No action was taken and a Juran & Moody representative will appear at the next regular meeting. FIP.EPENIS RELIEF ASSOCIATION. Administrator Hedges indicated that the annual financial report for the Firemen's Relief:ssociation had been completed and its financial requirements for 1977 appear to be $8,162. No action was taken. WILDERIIESS Um 6TH ADDTIOV ESCROI.7. At the request of the developer, Robert Tilsen, upon motion by ^ahn, seconded Rydrych, all members voting yea, it was P.ESOLVED that the sum of $26,030.70 be released from the Wilderness run 6th Addition escrow account, covering the completion of concrete curbing.in the addi- tion. DIXOTA COUNTY ROAD #r63 COrIIF,ACx. A contract was submitted by the City Administrator with the Dakota County Board concerning improvements on County Road #63 adjoining Wescott :'oad whereby the County would pay 55 percent of the - 7- 7-19-77 improvements. Smith moved and Rahn seconded a motion to approve the agreement and order its execution. All members voted yes. DEEP MLL #5 PLAPIS A11D SPEC IFICAT IOP1S - PROJECT #193. The City Engineer submitted the plans and specifications for deep well and recommended that bids be advertised. Rahn moved and Wachter seconded a motion, all members voting yes, to accept the plans and specifications and that the Clerk be author- ized to advertise for bids to be received and opened on August 15, 1977, at 3 p.m. at the City Hall. SM:L COATIM M%NS. The City Engineer and Bill Branch, the Utilities Super- visor, appeared and submitted the plans for 1977 seal coating of streets. They recommended that the plans be accepted and the Clerk be authorized to advertise for bids. Polzin moved and Rahn seconded a motion to approve the plans and that the Clerk be authorized to advertise for bids to be opened on August 15, 1977, at 3 p.m. at the City Hall. All voted yes. [10ODGA! a TIATEP. PRE-25UPM SURMI. The Utilities Supervisor and Engineer reviewed a survey done by City employees covering a large number of residential homes in floodgate Addition to determine the water pressure on July 1E, 1977. It was recommended that booster pumps be installed in certain of the homes that are the most critical, and the estimated cost for installation by the City would be $350 per unit. Wachter moved and P.ahn seconded a motion that the City Coun- cil authorize the acquisition of seven booster pumps by the City at the Cityts cost for floodgate Addition offered for installation in those residences with the lowest pressure with the understanding, however, that the homeowner will main- tain the booster pumps. WATEr rP:SERVOTR PLAT S - PROJECT 0193. City Engineer P.osene next submitted the plans for the 2 million gallon water reservoir to be located on the well site property at Pilot Knob and Cliff road, consisting of Project #493. Wach- ter moved and Polzin seconded the motion to accept the plans and specifications ,for the reservoir and that the Clerk advertise for bids to be received and opened r -8- 7-19-77 on August 15, 1977, at 3 p.m. at the City Hall. Pr,OJECT #210 - STPXET IMMOVEI-PTTS. The plans for three miscellaneous road improvements, including Cedar Ridge, Blackhawk Hills 2nd Addition, and Tilderness run road extension were submitted by the City Engineer. Upon motion by Smith, seconded Rahn, all members votin; in favor, it was P.ESOLVED that Projects #193, #204, and -1,P210 be consolidated into Project ;210 for bidding and contract purposes; further, that the plans and specifications be approved and accepted and that the Clerk be authorized to advertise for bids to be opened on August 22, 1977, at 3 p.m. at the City Hall. There was discussion concerning an 8-foot walkway pro- posed along the South side of Wilderness Pun Road extension and the significance of starting a policy concerning trails to be paid by the City along collector streets. Park Director Schmidt indicated that a policy for sidewalks and trails will be proposed at a later time. Polzin moved, Wachter seconded a motion to include the 8-foot trail on the South side of the road with the understanding, however, that it could be excluded from the construction at a later time if the Council so determined. CI ES IfIE`X DRIVE STREET IMPROVEMEBTS. City Engineer Rosene indicated that Fredrickson Excavating Company would complete the portion of Ches Mar Drive abutting the Eagan properties ITorth of Cliff road at a cost of approximately $6,500 plus inspection and staking. Iir. Posen recommended approval by the Council of the award of that contract to Fredrickson Excavating Company because of what appeared to be a significantly more reasonable cost than having to adver- tise for bids for that project alone. It was noted, however, that State law requires that quotations be acquired for projects of over $5,000 and less than $10,000, and upon motion by Wachter, seconded Smith, all meanbers voting in favor, it was RESOLVED that the Cleric be requested to acquire quotes for the project prior to approval of the contract by the City. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the plans for the sewer and water crossings of Ches Mar as submitted by the City Engineer be approved and -9- 7-19-77 that a change order for the Fredrickson Excavating contract for suer and water crossings of Ches Mr Drive covering Improvement Project #190A be authorized for negotiation and approval. 1977 WATER AID .50-TER, RAMS. A letter dated July 5 from Joeeph Anderlik of Bonestroo, Rosene, Anderlik & Associates recommending that there be no increase in the service charge for water services in Eagan but an increase for sewer ser- vice to .56 per thousand gallons or .58 per thousand gallons to finance machinery and automotive equipment for the Sewer and Water Department. [lachter moved and Rydrych seconded a motion to increase the sanitary sewer use charge to .53 per thousand gallons effective September 1, 1977. STATE PLAM7I1IG AGEMY GRMT FOR TEPTPTIS COURTS. -arbara Schmidt recommended that the Council approve a grant application for tennis courts through the State Planning Agency at Pilot Knob School and R,.hn School. Polzin moved and Rahn seconded a motion to approve the recommendation and authorize the submission of the applications. All members voted in favor. DISEASED TP.EE TTOTICE. Hrs. Schmidt submitted the list of diseased tree notices that have been sent to property owners in Eagan, and recommended approval of the list by the Council. Wachter moved and Rahn seconded a motion to approve the list and to authorise the action for compliance with the ordinance. TREE ITISPECTOR, It was noted also that Bill Erickson, former tree inspector, has resigned his position, effective June 14, 1977. An attempt is being made to acquire a forestry student for a part-time position to assist the present tree inspector. TREE DISEASE CONTMOL AREA. The Park Director submitted a revised Tree bisease Control Area Wrap for the City that she recommended be submitted to the Department of Agriculture. In effect, it eliminates wood lots and basically concentrates on platted areas for control of diseased trees. Rahn moved and Wachter seconded a motion with all members voting yes to approve the Control Area map and to authorize its submission to the Minnesota Department of agriculture. -10- 7-19-77 NORTHVIMI PARK ITATLI AL MSOURCES MM COITTP.ACT. The ITorthview Park Natural resources Fund Project Agreement with the State Planning Agency was recommended for approval by the Park Director consisting of a $100,000 grant for acquisition and development. Rahn moved and Smith seconded a motion with all members voting in favor to approve the contract and authorize its signing. ITOPTHVII -1 PARP. PROJECT SURVEY MV TOPO HAPS. Polzin moved and ITachter sec- onded a motion to authorize the expenditure of $360 for surveys and topographical information for park construction contracts for 1977 to be paid from park bond funds. All members voted yes. UF.WT PLAPTITIITG AIID DESICU, II1C, COITTP.ACT. The contract between Urban Plan- ning and Design, Inc. and the City of Eagan for architectural and supervisory services for the 1977 park construction contract was reviewed. Upon motion by Rahn, seconded Rydrych, all members voting yes, it was RESOLVED that the contract be approved. ASSESSIEITT HEAP.IIIG. The City Clerk recommended that an assessment hearing be scheduled for storm sewer improvements for Wilderness Run 6th Addition and four other miscellaneous parcels. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the assessment hearing be scheduled for August 16, 1977, 7 p.m. at the City Hall. MCCRAE ADDITIOIT FIITAL PLAT. The final plat for McCrae Addition was expected to be submitted shortly,and the developer requested approval. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was rESOLVED that the final plat be approved subject, however, to submission to and approval by the City Council of a Development Agreement and compliance with all necessary ordinances. D01I014100D DEVELORIENT AGREETILITT. A request from the developer of Donnywood Addition as the successor to Cadence Corporation that the road I-York Agreement escrow funds in the sum of $12,396 be returned to the developer in that the City has not ordered the improvements for Quarry Lane was discussed. rahn moved and Wachter seconded a motion that pursuant to the development agreement for -11- 7-19-77 Donnywood Addition, that a request be made to the developer and the escrow agent that funds be converted to cash to the City of Eagan in lieu of street improve- ments for Quarry Lane and that the funds not be returned to the developer and further that the trail improvements be completed by the developer. I-35E - EIS. City Administrator Hedges stated that the Department of Trans- portation has requested that a representative of Eagan be present at the Environ- mental Council for Consumer Affairs hearing in Washington, D.C. within the next week to give Eagan's position favoring alternate A-1 for I-35E across Blackhawk Lake. It was suggested that John Klein of the Urban Coalition be present to represent Eagan, and it was noted that that was the only agency that has not given approval to the EIS. Polzin.moved and Rahn seconded the motion with all members voting yea to authorize John Klein to represent the City of Eagan at the hearing before the Federal Environmental Council for Consumer Affairs in Washington, D.C. and present the Eagan City Council's position favoring alternate A-1 across Blackhawk Lake and with the understanding that it would be done at no cost to the City of Eagan; further, to authorize City Administrator Hedges to be present in the event the DOT highly recommends another representative. ELECTION EQUIPMENT. City Clerk Bolke recommended that the City enter into a joint purchase agreement with Apple Valley for certain election equipment from CES in the sum of $350. Rahn moved and Wachter seconded a motion to approve the request and order the acquisition. STOP SIGNS ON RAMT ROAD. P. request for additional stop signs on Rahn Road between County Road #30 and Cliff Road was referred to the Police Chief for recommendation. WESCOTT ROAD. City Attorney Hauge reviewed the acquisition of easements on Wescott Road and indicated that about half of the easements had been acquired. He recommended that the blacktopping for Mrs. Thomast driveway be included in lieu of a cash payment with the approximate cost of $614; further, that the conditions requested by Charles Hall be reviewed by the Council. Upon motion -12- 7-19-77 by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the Council authorize such improvements for the Thomas driveway and the requests of Charles Hall as consideration for their easements. BILLS. Upon motion by Polzin, seconded Wachter, all members voting yes, it was RESOLVED that the following bills be paid: 299-305, 4530-4669, 7000.72$59 The meeting adjourned at 1:30 a.m. PHI, DATED: ,T "J ..13w FLTRACT OP MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA HELD ON JULY 19, 19 77 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 19th day of July 1977 at 7 o'clock P .M. The following members were present: Mayor Polzin, Council Rahn, Wachter,'' Smith and Rydxych and the following were absent: None The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Improvement Project #162, Part 2, storm sewer improvements in Ridgeway Acres and Jon Kroft Acres in the official newspaper in accordance with a revolution 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 eonsideratim of objections, if any, to said proposed assessments. All persons were than gi7en..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: None NAME PROPERTY NATURE OF MECTION • • Mayor Polzinthen introduced the following resolution • 40 . and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FCR IMPROVEMENT PROJECT #162 PART 2 - storm sewer improvements in Ridgeway Acres and Jon Kroft Acres. BE IT RESOLVED by the C4ty Council, of the City _f Eagan, Dakota 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 Improvement Project #162, Part 2 - storm sewer improvements in Ridgeway Acres and Jon Kroft Acres, 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 night 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 the!_r objections, if any, to such proposed assessments (mntFmod-irrenmosed—a-srnmrene.. ice-rQexr-ettended a5--t-t7- e ui-rT'gztta.d'l''3"of tkt,-by-reacrlut-i-cI."d'trly -udop ted--Liri-s--d-et )*, (2) This Council, having heard and considered all objecticus so • presented, and being fully advised in the premises, finds that each of tie lots, pieces and parcels of land enumerated in the proposed assessment roil (ss-sv anrentted•)* was and is vpecially benefitted by the construction of said improvement in not less than the amount of the assessment set epposa_te 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 -omended>* 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, 1978 ,. to be payable with the general taxes collectable during the year 1978 , 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 rosy be prepare and transmit to 411 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 Councilman Rahn and upon vote being taken thereon the following voted in favor: Mayor Polzin, Councilmen Rahn, Wachter, Smith 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 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 o£ cai.d City this '19thday of July , 19 77 .� (S E A L) ...M City/Clerk - 3 -