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09/06/1977 - City Council Regular 1411,T TES OIL A REGULAR NEETIITG OF THE EAGAN CITY COUNCIL EAGAIT, ITT mESOTA SEPTET-MER 6, 1:77 A regular meeting of the Eagan City Council was held at 6:30 p.m. on Septem- ber 6, 1977 at the City Hall. All members were present. Also present were City Clerk Bolke, City Aministrator Hedges, City Engineer Rosene, and City Attorney Hauge. MIIIUTES AIR? AGE11DA. Upon notion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the agenda be approved; that the minutes of the regular meeting of August 16, 1977 be approved as distributed and the minutes of the August 30, 1977 meeting be approved with the exception that on page 3, para- graph 2,-that Councilman-Rydrych indicated after questioning that he would abstain from voting on any motion concerning the upgrading of Pilot Knob Road for the reason that he was requested by the Citizens Concerned for Pilot Knob representa- tives not to vote due to his employment with Univac; and further, that on page 3, the fourth paragraph, that the motion was by Wachter and-seconded by Smith. POLICE DEPARTICIIT. Martin DesLauriers appeared. 1. Mr. DesLauriers recommended approval of a request of Metcalf. Junior High School for the continued firearm safety course. Upon motion by Polzin, seconded Wachter, all members voting yea, it was-RESOLVED that.approval.be--given as recommQended. 2. Motorola Encoders. 14r. DesLauriers recommended after seeking quotes that the Council authorize the purchase of a Motorola 100-Call Encoder and five Voice Pagers, for a total cost of $2,338.35. The quotation was reviewed by the Council and upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the Police Department be authorized to purchase the equipment from the Special Police Equipment Budget. 3. Emergency Flood Damage. The Council discussed the flood conditions following the approximately 7'k inch rain of Tuesday, August 30, and it was noted that the basements of several commercial establishments' and several residences' -1- 9-6-77 water was pumped by the Volunteer Fire and Public Works Departments. Upon motion by Polzin, seconded Wachter, all members voting yes, it was RESOLVED that the Council be on record waiving any charge to the property owner due to the extreme emergency condition. PARI: DEPARTMC-ITT. City Z,.dministrator Hedges reviewed several items. 1. Bocce Ball. Mr. Iledges indicated that the City can request funds from the State of Minnesota for bocce ball sets as proposed by Governor Perpich. Upon motion by Smith, seconded by Rahn, all members voting in favor, it was RESOLVED that the Administrator be authorized to submit a request for the equipment for the City. 2. District 1197 - Pilot Knob Park Agreement. The City Attorney and City Administrator reviewed the proposed agreement with School District #197 - West St. Paul covering improvements on the Pilot Knob School and Pilot Knob Park area. The Park Director and City Attorney recommended approval. Upon motion by Wachter, seconded Smith, it was RESOLVED that the agreement be approved and ordered signed. All members voted in favor. 3. Re-platting Opinion. City Attorney IIauge discussed with the Council an informal request from the Advisory Park Committee that an Attorney General's opinion be requested on an informal basis concerning re-platting of existing plats in the City and the exaction of park dedication requirements from commercial and industrial developers. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the City :attorney be requested to acquire an infor- mal opinion from the Attorney General concerning the issues and to report back to the Council. 4. Land and Cash Park Dedication. Tir. Ken Hed&s appeared and indicated that he objected to the waiver by the City of the acquisition of land for park purposes in the event that land could appropriately be acquired from new developers. The Council again took the issue under advisement. ASSESSM ITT HEAPIIIGS. At 7 pm. the Mayor convened the following hearings 0-2- 9-6-77 concerning special assessments in the City of Eagan, notipes, of which had been published in the Dakota County Tribune and copies sent to affected property owners. The City Administrator explained each of the assessment projects and an opportunity was given to affected property owners present to ask questions and express opinions concerning the assessments: 1. Improvement Protect #168 - Sibley Terminal Storm Sewer. Representatives of E.L. Murphy Trucking Company appeared and indicated their concern concerning storm sewer improvements on the E.L. 12irphy Trucking property. There were comments by the City Engineer concerning adding an additional catch basin at the Southeast corner of the property and requested the property owner add additional blacktopping to attempt to control the erosion. There were no other appearances and no other objections. Upon motion by Rahn,seconded Wachter, all members voting in favor, it was RESOLVED that the assessment roll be approved and ordered certified to the County Auditor. 2. Projects #165 and 11206 - Heine 1st Addition Sewer, Water and Storm Sewer Improvements. There were no objections. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the roll be adopted and ordered certified. y. 3. Project #188 - Herit a Lane and LeTendre Street I rovements. There were some questions from affected property owners but no objections. Upon motion by Rahn, seconded by Polzin, all members voting in favor., it was RESOLVED that the project roll be approved and adopted and ordered certified to the County Auditor. 4. Project #190 - Carlson Acres Sewer and Water. There were objections from certain property owners present concerning the rates being charged and request for special consideration due to the fact that the assessments were being levied only on the West side of Pilot Knob Road. Wachter moved and Rahn seconded a motion with all members voting yea to continue the hearing until September 13, prior to which time the City Engineer was requested to review the costs and to report back to the City Council. •3- 9-6-77 5. Project #193 - Ches Mar 2nd Addition Sewer, Water and Storm Sewer Improve- ments. There were no objections. Upon motion by Smith, seconded Rahn, it was RESOLVED that the assessment project be approved and ordered certified. All mem- bers voted yea. 6. Project #194 - Federal Drive Street Improvements. There were no objections from affected property owners. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the assessment roll be adopted and ordered certified to the Auditor. 7. Project #204 - Blackhawk Hills Sewer, Water, Storm Sewer and Street Improvements. There were no objections submitted. Upon motion by Smith, seconded Wachter, all members voting yea, it was RESOLVED that the roll be adopted and approved and ordered certified to the County Auditor. 8. Project #180 - Rahn road Street Improvements. There were no objections. Rahn moved and Wachter seconded the motion with all members voting in favor to adopt the assessment roll and order it certified to the County Auditor. All mem- bers voted yes. TRINITY LO11E OAI. LUTIIERAT1 CHURCII. Mr. Erwin Ulrich appeared as a represen- tative of Trinity Lone Oak Lutheran Church at Highways IM49 and #55 and stated that the church is celebrating its 100th anniversary during 1977. He also indicated that the congregation is concerned about the stadium plans adjacent to and East of the church property. He further indicated that the congregation is considering the acquisition of additional land and its compatability with commercial development to the East. He showed the proposed future development plan for the church property and asked that consideration be given to the church development in the future. Wachter moved and Rahn seconded a motion that the City Planning Administrator, Dale Runkle, be authorized to study the impact of the stadium on the City of Eagan in general and the specific areas surrounding the pr6ob ed stadium site. All members voted yes. STREET LIGHTING - TII ZMMM ADDITION. The Mayor then convened the public "4- 9-6-77 hearing concerning Improvement Project YM3 regarding the street lighting proposal for Timmbershores Addition. The City Engineer explA ped the project and sizable number of affected residents appeared both to favor and in opposition to the pro- ject. Mr, Ed Kolstad submitted a petition that he indicated was signed by owners of 91 units of approximately 170 units in Timbershore and also steted that he, as the owner of 5 acres of unplatted property, objected to the proposed project. A preliminary report which had been accepted by the Council was reviewed, and the president of the Homeowners' Association appeared and recommended an informal meeting with the affected property owners to explain the project in more detail. Wachter moved and Rahn seconded a motion to accept the preliminary report and to continue the hearing to September 20, 1977 at 7 p.m. to permit the City staff to meet with the affected residents if requested by the Association and affected owners to discuss the project in more detail. FEDERAL REVEIM, SHARING FU11DS HEARIM. The Mayor convened the hearing con- cerning the proposed use of Federal revenue Sharing Funds for 1978. City Adminis- trator Hedges indicated the sum of $99,270 has been allocated to the City of Eagan for 1978. It was explained that the use of the funds in the past have been for the proposed police facility and for capital improvements rather than operational expenses, Upon motion by Rahn, seconded by Rydrych, all members voting in favor, it was RESOLVED that the 1978 Federal Revenue Sharing allocation be authorized to be used for the proposed police facility. All members voted yes. ORDIVAITCE 1,10. 5 • !'1TI1.ML ORDIITAITCE. The City Administrator and City attorney again presented proposed amended Ordinance No. 5 which was reviewed by the Council, Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that Ordinance 11o. 5, together with fee schedule attached, as submitted be adopted with the exception on page 7 changing Section, 5.09 as suggested and ordered published. MALLAM PARK 1ST 2M and Me DITIOPTS TUTILITIES M S i . A petition was submitted from the T,M. Wilmus Cgnstruction Company requesting a feasibility study concerning installation of s4?aitary sewer, storm sewer, water nkius, purb •5- 9-6-77 aril gutter and bituminous street surfacing for proposed Mallard Park 1st, 2nd, and 3rd Additions. The applicant also requested that the Council consider a change order for the improvements for Mallard Park lst thdition consisting of approximately 10 single family lots for construction during the fall of 1977 and that the Council proceed immediately with the improvement process on the other two additions. It was noted that the grading and base work for the streets would be installed by the developer. Hr. James Borhave appeared representing the applicant. Polzin moved and Rahn seconded a motion to authorize the City Engineer to proceed with the preparation of a preliminary report covering all three additions as requested by the developer, that a hearing on the preliminary report be scheduled for October 4, 1977 at 7 p.m. at the City Hall, and further, that the City Engineer be authorized to negotiate for a change order to an existing project to cover the proposed improve- ments for 12allard Park 1st Addition and be authorized to prepare plans and specifi- cations for the project.. All members voted is favor. It was understood, however, that if the project does not proceed that the developer will reimburse the City for costs incurred by the City. WILLIAM L00141S COMITI011AL USE PErVIT. The Council reviewed the recommendation of the Advisory Planning Commission to deny the request of Mr. William Loomis for parking and storage of commercial vehicles on agricultural property on Farm Road, East of Highway 0. Certain property owners had complained concerning the develop- ments on the Loomis property. The APC recommended denial and the applicant did not appear. Rahn moved and Smith seconded a motion to deny the application. All mem- bers voted yea. MMETH LEBMI WAIVER Or, PLAT AM VARIMICE. Mr. Kenneth Lehman appeared on behalf of his request for division of a single family lot including waiver of plat and variance to allow two residential buildings on one lot at 1385 Deerwood Drive. It was noted that a basement had been installed for the second residence on the property and it appeared feasible to permit a variance with a future driveway f6r the second residence in the event of separate sale of that gsrcel. The APC -6m 9-6-77 recommended approval, subject to recommendgtions of the City Planner. Polzin moved and Smith seconded a motion to approve the request for waiver of plat and variance with the understanding that in the event that the parcel with the new residence is sold separately from the balance of the property at some time in the future, that at that time an additional driveway will be installed directly from Deerwood Drive to provide two driveways to the property; and further subject to compliance with ordinances including park donation. EAGAYI HILLS #1 - REZONEIG APED PRELDIENARY PLAT. Mr. Rod Hardy appeared on behalf of the application of Dunn & Curry to rezone part of the Stalk of Section 22 to R-1, Single Residential, R-3, Residential Townhouse, and ITB, Peighborhood iusi- ness from A, Agricultural at the PIE corner of Highways #30 and #31. The APC recom- mended approval of both applications subject to certain conditions. It was noted that there would be between 105 to 108 lots and further, that discussions had been held with representatives of Beautiful Savior Church, Dakota County represen- tatives, and the Eagan Park Committee. There were concerns by the Council relating to whether a neighborhood park location could appropriately be located in the area. 11r. Hardy indicated the developers agreed with the recommendation of the APC that the owners will petition to revise the zoning of the Veighborhood Business property approximately 1,500 feet [-Test and on the South side of County road #30 owned by the same developers. 11r. Mick Chatterton appeared and stated that there had been no discussion with the developers concerning access from his property to the North and objected to the R-3 zoning on Pilot Ynob Road and also potential future flooding of his property. There was discussion concerning a possible future storm sewer line and potential access from the Chatterton property through the development. A representative of Beautiful Savior Lutheran Church was also present and indicated that the church had no objection to'an easement along the rear lot line of the church property provided that as many trees as possible be saved. Smith moved and Rahn seconded a motion to approve the rezoning as requested and expressed in the motion only the concern of the Council relative to the APC recommendation regarding .7- 9-6.77 a petition for rezoning of the property to the I-Jest but subject to the recommenda- tions of the Advisory Planning Commission. All voted yes except Rydrych who abstained. Rahn then moved and Polzin seconded a motion to approve the preliminary plat of Fagan Hills #1, subject to approval of the Dakota County Plat Commission, appropriate park dedication, and the recommendations of the APC, further subject to the developers reviewing with Mr. Chatterton access from his property and appro- priate screening along County Road a'30. All members voted in favor, except that Rydrych abstained. SOUTH DELAWARE HILLS REZONUIG AMID PRELIMINARY PLAT. Mr. Richard Parranto appeared regarding the application of Parranto Brothers, Inc. to rezone part of Section 12 lying East of Highway #49 from A, Agricultural to PD, Planned Develop- ment and for preliminary plat approval of South Delaware Hills. It was noted that some revisions had taken place from the earlier proposed plan in that Inver Grove Heights had denied the original request of the developers to plat a portion of proposed South Delaware Hills in Inver Grove heights adjacent to Eagan. He stated that the project would include 2.6 units overall density and a 2-acre commercial site. There would be 26 acres of proposed park, and he further stated that Mr. Sexton at the M corner of the property was generally agreeable as to the location of a proposed street through the Sexton property. There was dis- cussion concerning accommodating future subdivision below the 2k-acre minimum on the Inver Grove portion of South Delaware Hills and the additional potential cost to the City of Eagan for sizing its utilities to take that Inver Grove area into account. Mr. Hauer appeared and requested a fence separating his property from South Delaware Hills because of potential tmisance problems. Wachter moved and Rydrych seconded a motion to approve the rezoning as requested according to the recommendations of the APC. Rydrych then moved and Rahn seconded a motion to approve the preliminary piht of South Delaware Hills as proposed again subject to the APC recommendations. WSW 9-6-77 DOG KENNEL - 3506 LEXINGTOIT AVEW. The application of Ralph Ilelson and Roger Johnson for conditional use permit and variance for a dog kennel on 4.8 acres at 3506 Lexington X;venue South was next reviewed. Mr. Nelson and Mr. Johnson were present. It was noted that no kennel license was in existence on the property, but it had been used for dog kennel purposes for a number of years. Because of the 5-acre provision, a variance was requested. The APC recommendations were reviewed. Mr. Nelson indicated he understood the recommendations and agreed with the recom- mendations of the Planning Commission. Smith moved and Rahn seconded a motion, with, all members voting in favor, to approve the application for conditional use permit and variance on an annual basis in both cases and further, approve the issuance of a kennel license, all subject to the conditions of the APC. DAVID SCHOENING VARIANCE. Mr. David Schoening appeared on behalf of his request for 10-foot variance from street set back on Lot 1, Block 1, proposed Ches Mar 3rd Addition to locate a home 20 feet from the road right of way on Ches Mar Drive. The purpose would be to accommodate trees on the lot and the APC recommended approval, including approval of staff permits for variances throughout Ches Mar Additions for the same reasons. Smith moved and Wachter seconded a motion with all members voting yes to approve the application and further, to permit staff approval of similar variance problems in all of Ches Mar Additions for the purpose of saving existing trees. PAUL D7011EY - LOT 3 r HIGHVIEW ACRES VARIANCE. Mr. Paul Twomey appeared on behalf of his application for 10-foot variance from street set back on the East side of Lot 3, Highview Acres from a 30-foot roadway easement. The APC recommended approval to provide a 20-foot set back for a garage in light of the fact that it did not appear to affect adjacent property owners. Polzin moved and Wachter seconded a motion with all members voting yes to approval the application. MICHAEL ZYLKA - GALAXY ROAD AD JUSTIENTS. Hr. Michael Zylka appeared infor- mally requesting the Council to provide for a change of location of proposed Galaxy Avenue near its intersection with Cliff Road due to the 35$ proposed location, - 9- 9- G- 77 He explained the suggested benefits to the revised location of Galaxy Road as it would consist of an extension to Blackhawk Road on the East and also stated that he's met with the DOT representative, who requested approval from the Eagan Council. The DOT had suggested 40 mile per hour limits rather than 30 mile per hour limits on the corners. 11achter moved and Smith seconded a motion with all members voting in favor to refer the matter to the City Engineer for study and recomendation to the Council. The APC recommendations were also reviewed by the Council. L'ROJECT #210A - STREET 1WROVE M-TTS. The bids for Project 1#210A consisting of street improvements for Wilderness Run Road, Cedar Ridge, and Blackhawk Hills Additions were reviewed. The Engineer recommended the acceptance of the low bid of Minnesota Valley Surfacing in the sum of $106,645. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the low bid of Minnesota Valley Surfacing Company be approved. PROJECT #211A - UTILITY 114PROVE14SITTS. The Engineer reviewed the bids for Project 721111 consisting of Wilderness run road area and IYarell tdditi.on improve- ments, and he recommended acceptance of the low bid of Fredrickson Excavating Company in the sum of $134,940.10. Upon motion duly made by Polzin, seconded Rahn, all members voting yea, it was RESOLVED that the low bid be accepted. SPECIAL PEPZMT - JEAIT PARR.APTTO. A request for special permit of Jean Parranto to move a house to a foundation and remodel the home at Lot 22, Block 3, Cedar Grove IP11 was stricken at the request of the applicant. HOLLY IMPS SOFTBALL TE I BEER LICENSE. The request of Mr. Arnold Doering requesting a temporary 3.2 beer license for Holly inn's softball team for Septem- ber 17 and 18 at the Univac field was upon motion by Smith, seconded by Rahn, all members voting in favor, approved. TILE NORTHERN DAIWTA COUITTY CRAMBER PUBLICA'lIOTT. City Administrator Hedges indicated that because of the lengthy agenda, he recommended that review of a proposed publication of the Northern Dakota County Chamber of Commerce be wade at the next regular meeting. -10- 9-6-77 ROGER FLING - 3998 RIVE-RT014 AVEIM, 4 request of Mr. Roger D. Fling of the above address for permit to install a sump pump and buried line running into the Eagan storm sewer system to relieve an excess water problem on his lot was reviewed. The City Engineer recommended approval and upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVE) that the request be granted.' PUBLIC SERVICE COIMSSIOU - PEOPLES NATURAL GAS HEARING. The City `ttorney discussed with the Council the recommendations of the Hearing Examiner to the Pub- lic Service Commission concerning Eagan's request for natural gas service, which recommendations were dated [august 29, 1977. The Hearing Examiner recommended the PSC Order to Show Cause be dismissed for lack of jurisdiction and detailed his reasons in a 30-page memorandum. The City Attorney indicated that the next step to be taken if the City Council approved, would be to file exceptions to the Hearing Examiner's recommendations and request oral agruments before the full Pub- lic Service Commission. There was concern by the City Attorney that no other party would file exceptions and upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the City Attorney be authorized to file exceptions to the Hearing Examiners recommendations and to request oral arguments before the PSC. DUCIGIOOD ROAD PETITION. The City received a petition from Kenneth Applebaum and Ilk. Richard Giefi to improve proposed Duckwood Road from Lexington Avenue one- half mile West of Lexington Avenue near O'Leary Lake. The development proposed in the area would be 38 acres abutting O'Leary Lake Northwest of Duckwood Road. The Advisory Planning Commission had also reviewed the issue and had certain concerns regarding the proposed development. A motion was made by Smith, seconded Wachter, all members voting in favor to refer the petition to the City Engineer for a brief preliminary report and study and in the event that the project is not ordered in, the developer be required to pay the cost of the City including preparation of the feasibility report; and further, that the developer be made aware of the City -11- 9-6-77 Council's concerns relative to the installation of proposed Duckwood road as a collector street with the projected burden upon City finances for the construction. CMIGE ORDERS. The following change orders were submitted by the City Clerkt 1, Change Order 11o. 2 to Project OL190A with Fredrickson Excavating Company - Sewer and water Crossings at Ches Mar Drive - $9,979.50. Rahn moved and Wachter seconded a motion to approve the change order. All members voted yes. 2. Change Order No. 1 to Project 74P190A - Dine 1st Addition Sewer, Hater and Storm Sewer totaling $22,034.25. Wachter moved and Smith seconded a motion to approve the change order. 1.11 members voted in favor. PEOPLES GAS ORDINANCE 1,20. 7. John Klein appeared and suggested that the City Council pursue its motion in early 1977 that Northern Natural Gas Company operating as Peoples Gas Division be declared in default under Ordinance No. 7 in light of the critical natural gas shortage in the City. No action was taken on this recommendation. In addition, Mr. Klein recommended that the Council review and appoint a committee to study and discuss with the affected residents along Pilot Knob Road the future improvements for Pilot Knob ':toad in light of the Public Hearing on August 30, 1977. 14o action was taken in this respect. ITIPROVE1,317 CONMOLS, The City Attorney submitted four contracts to the Council for approval. He recommended approval and the authorization of signatures for the following contracts; 1. Brown Minneapolis Tank Company - Project ,'193, Part 1, two 1IG water reservoirs. 2. Fisher Construction Company - Wescott Road - Project #195. 3. Deep Well 75 - Bergerson-Caswell, Inc. - Project 0193, Part 2. 4. Sealcoat program for 1977 with Blacktop Construction Company. Upon motion by Rahn, seconded Smith, all members voting in favor, it was P.ESOLVM that the four above contracts be approved and ordered signed. WESCOTT ROAD I11PROVEI-MIT PROJECT #195. Upon motion by Polzin, seconded by r 12.. 9- 6- 77 Rahn, all members voting in favor, it was RESOLVE) that the low bid of Fisher Construction Company, Inc. for road improvements for Wescott Road under project yr195 be and hereby is awarded according to the recbmndations of the City Engineer in the sun of $338,645.05. Upon motion duly made and seconded, the following vouchers were ordered paid: 4879 - 4953; 7487 - 7580. Upon motion duly made and seconded, the meeting adjourned at about 11:30 p.m. PM1 -13- Ehv.Cr OF MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA HELD ON SEPTEMBER 6, 1977 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 J_n said municipality on the 6th day of September , 19 77at 7 o'clock P.M. The following members were present: Mayor Polzin, Councilmen Rydrych, Smith, Rahn, and Wachter and the following were absent: None The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Improvement Project #206 - Sanitary sewer, storm sewer, water and street improvements in Heine First Addition. in the official n.e-apa.per in acccrdanoe with a recol-Lition heratofore 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 con€gidera.ticn of objections, if any, to said proposed assessments. All persons were thin gisen.:an.-opportunity to present oral objections, and all written objedtions theretofore filed with the Clerk k1-ere presented and considered, and all su:;h objections were tabulated as follows: None RUPT PROPERTY NATURE OF OBJECTION -1- Mayor Polzin then introduced the following re3olution and moved its adoption: RESOLUTION ADOPTING AN) CONFIMUNG ASSESSMENTS FCR IMPROVEMENT PROJECT IA206 -.Sanitary sewer, storm sewer, water and street improvements in Heine First Addition. BE IT RESOLVED by the "qty Council, of the City _f Eagan, D ,?eo<ya County, Iliaaesota, as fol.loz,rs: (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 Improvement Project #206 - Sanitary 'sewer, storm sewer, water and street improvements in Heine First 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 pry=iTisio ns 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 ties at all tines since its filing been open for public inspection; and an opportunity has been given to all interested persons to present the-4.r objet ions, if any, to such proposed assessments (ard-said-*ia3--asp ~*s-.r~rt 1~rxs-ri- eadl -tom tv- z~rt'a'i-cr ~ax-~1-s- -of -it-,- iry ~so3~stj±crr L'cr?yac}opt~ed- t-?ri.1,t rti~-t-~;ti~ , (2) This Council, having heard and considered all objections so presented, and being fully advi nd is, Lhe premises, finds that each of Y::3 .lots, pieces and parcels of lard enumerated in the proposed assessment roil (as-so--a=azd4Dd -)J;- was and is specially benefitted by the construction of said improvement in not less than the amount of the assessment set ^pDosi.ta the description of each such lot, piece and parcel of land, respectively, aad that such a:scz?nt so set out is hereby levied against cacti of the -copective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll (es--ome-nde&)* 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 years, the first of said installments, together with interest, on the entire assessment from the date hereof to December 31, 1:x-78., to be Fayable 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 ti=3 pay the whole of such assessment with interest accrued to'the date of payment to the Treasurer of the Cite. * Stiike.the matter in parentheses if assessment roll was not amended. 10 years for street, 15 years for the rest. 2 - (5) The Clerk, shall, as soon as irny be, prerare -ni transmit to the County Auiitcr a certified d:zplicste of the assessment roll, with each then unpaid installment and interest set forth separately, to be extended upon the propar. 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 bel.c? arc', the clerk is a;!,Lhorized and directed to indicate the said amendments on the face of said assessment roll. NAIA-Z PP.OPEPTY ASSESSMENT AS ANTEt~ED The motion for the adoption of the foregoing resolution was 6uly seconded by Councilman Smith and upon vote being taken t')---eon the followi,a voted in favor: Mayor Polzin, Councilmen Rahn, Smith, Wachter and Rydrych and the following voted cgeinst Sou C: 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 meetinb 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 mu«ici- gal :.may. Witness my hand aid the seal os maid City this 6th day of September . 19 77 . (S E A L) City erIt _ 3 FZ27 XT OF MINUTES OF M=- ING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, ~LTNNESOTA HELD ON SEPTEMBER 6, 1977 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 6th day of September , 1977 at 7 o'clock P.M. The following members were present: Mayor Polzin, Councilmen Rahn, Smites, Wachter and Rydrych and the following were absent: None The C.terk presented an affidavit showing publication, of Notice of Hearing on the proposed as&essments for Improvement Project #204 - Sanitary sewer, storm sewer, water and street improvements in Blackhawk Hills, in the official n.e-3pwper in acccrdanoe with a rocolution heretofore adopted by the City Council, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting wea open for the eonaidera.ti,~n of objections, if any, to said proposed assessments. All persons were then gkven.:ar_.-6pportunity to present oral objections, and all written objections theretofore filed with the Clerk trere presented and considered, and all su::h objections were tabulated as follows: None NAIL PROPERTY NATURE OH CRJFCTIOX -1- Councilman Smith then introduced the following resolution and moved its adoption: RE30LUTION ADOPTING AID CONFIr04ING ASSESSMENTS FCR IMPROVEMENT PROJECT #204 -.Sanitary sewer, storm sewer, water, and street improvements in Blackhawk Hills. BE IT USOLVED by the _ty Council, of the City _f Fagan, D,s'IzOta ;,'ouity, Ni nazesota, 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 Improvement Project #204 - Sanitary sewer, storm sewer, water and street improvements in Blackhawk Hills. 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 pr.c-jisio s of Minnesota Statutes Annotated, Section 429, and notice has been duly piblished 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 m5ght be necessary, and said proposed assessment roll has at all times since its filing been open for p0blic inspection, and an opportunity has-been given to all interested persons to present the.r objections, if any, to such proposed assessments (axd-said- p~ep9sad-asaessment-?gas-bez:a-a;waded ae-te-eertais-payee-.s-a#-lead3-by-eese-lutxee-de-ly-adapted-unite-date)':, (2) This Council, hoving heard and considered all objecticas so presented, and being fully advl ed ir, the premises, finds that each of t:;e .lots, pieces and parcels of land enur:erated'in the prorosed assessment roil (as-ea-ameeded)* was and is specially benefitted by the con§truction of said improvement.in not less than the amount of the assessment SAt -pposite the description o each such lot, piece and parcel of land, respect Iel.y, nad that such amcuint so set out is hereby levied against each of the respective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll its-ameeded)* is hereby adopted and confirm3d 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 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 19 78, 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 tins pny the whole of such assessment with interest accrued to'Lhe date of payment to the Treasurer of the City. * Strike the matter in pparentheses if assessment roll was not amended. 10. years for street; 15 years for the rest - 2 - (S) The Clerk, shall, as score as mry be, prepare and transmit to the Coun'-y Auditcr a certified duplicate of the assessrent roll, with each then unpaid installment and interest set forth separateiv, to be extended upon the propar 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 belo-,, and. tha clerk is a;.!Lhorized and directed to indicate the said amendments on the face of said assessment roll. ITAME PROPERTY ASSES %,ET, T AS .A!F VD FD The motion for the adoption of the foregoing resolution was duly seconded by Councilman Wachter and upon vote being t,5 en thereon the following voted in favor: 'Mayor.Polzin, Councilmen Smith,'Rahn; Wachter, and Rydrych and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. STATE O MINNESOTA) ss. COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting Clerk 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 muaici- pal ity. Witness my hand axA the seal aairl City this 6th day of September, 13 77 (S E A L) city Clerk - 3 - =1'3 ,CT OR MI1,=S OF PR=EYING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MrINECOTA HELD ON SEPTEMBER 6, 1977 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 6th day of September , 19 77 at 7 o' clock P M. The following members were present: Mayor Polzin, Councilmen Smith, Rahn, Wachter, and Rydrych and the following were absent: None Mae Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Improvement Project #194 - Street improvements on Federal Drive in the official n.e'•*spa.per in accordance with a rocolution heratofore adopted by the City Council, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting wss open for the considerat-!.~s of objections, if any, to said proposed assessments. All persons were than given.:an_•6pportunity to present oral objections, and all written objections theretofore filed with the Clerk 1 ere presented and considered, and all su:;h objections were tabulated as follows: None NAME PROPERTY NATL.T\E Or ORJECTION -1- Councilman Wachter then introduced the following resolution and moved its adoption; RESOLUTION ADOPTING A10 CONFI~MING ASSESSMENTS FOR IMPROVEMENT PROJECT #194 -.Street improvements on Federal Drive. BE IT Rr ouED by the City Council, of the ^ity _f Eagan, Dakota County, iii riaesota, 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 #194 - Street improvements on Federal Drive 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 pr.,-isio a of Minnesota Statutes Annotated, ;section 429, and notice has been duly published and mailed, as required by leer, that this Council would meet to hear and pass upon all objections, if any, and to amer..d said proposed assessments as right be necessary, and said proposed assessment roil has at all times sines its filing been open for ptibl is inspection, and an opportunity has been given to all interested persons to present: the4_r objec'--l.ons, if any, to such proposed assessments (ard-said-pxepcsed-asa~ssm~nE-~iae-kee~?-ar~epded as-te-certain-parcels-ef-land;-bq-resolntica-dn?•q-adept:ed-th±s-date;~'~, (2) This Council, having heard and considered all objecticns so presented, and being fully adv ~;ed ir. the premises, finds that each of Ue lots, pieces and parcels of land enumerated in the proposed assessment roil (ne-se-ameadeW was and is specially benefitted by the con§truction of said improvement in not less than the amount of the assessment set ~-pposi.te the description of each such lot, piece and parcel of land, respectively, &ad that such amcunt so set out is hereby levied against each of the reonective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll (as-amended)* is harcby 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 cr7th 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 78, to be payable with the general taxes collectable during the year 19 78, 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 score as tray be, prepare a^3 transmit to the Coun".y Auditcr a certified duplicate of the assessL,ent roll$ with each then unpaid installment and interest set forth separately, to be extended upon the propar tins 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 sia.all be and are hereby amended so as to read as shown bell, anal tha clerk is as! horized and directed to indicate the said amendTMents on the face of said assessment roll. IT MZ PROPERT1 ASSESSMENT AS ANET'DE'D The motion for the adoption of the foregoing resolution eras duly seconded by Councilman Rahn and upon vote being taken thereon the followinb voted in favor: Mayor Polzin, Councilmen Wachter, Rydiych, Smith and Rahn and the following vcted against same: None Whereupon said resolution was declared duly passed and adopted. STATE OF 14INNE'SOTA) ss. COUNTY OF DAYOTA ) I, the undersigned, being the duly qualified and acting Clerk of the 'City of EaUan,-Dahota 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 tr,ns- cript of the minutes of a mee?:ing 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. W itaess my hand and the S--dl aL maid City this 6th day of September, 1977 (S E A L) City erlc 3 - Ea .T-,CT OR MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, DII.TATESOTA HELD ON SEPTEMBER 6, 1977 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 6th day of September , 19 77 at 7 o'clockP M. The following members were present: Mayor Polzin, Councilmen Rahn, Smit1f, Wachter and Rydrych and the following were absent: None The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Improvement Project #193 - Sanitary sewer, water, and storm sewer improvements in Ches Mar Second Addition in the offioial n.e7a3paper in aeccrdanoe with a resolution heretofore adapted 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 cons{derat",-~)n of objections, if any, to said proposed assessments. All persons were then giJen.:ar_.•6pportunity to present oral objections, and all written objedtion9 theretofore filed with the ClericT,ere presented and considered, and all su::h objections were tabulated as follows:None NAME PROPERTY NATIJFiE, OF OBJECTION Councilman Smith then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A10 CONHIMING ASSESSMENTS FCR IMPROVEMENT PROJECT #193 - Sanitary sewer, water and storm sewer improvements in Ches Mar- Second Addition. BE IT R2SOLVED by the !"_ty Council, of the City _f Eagan, Dnkot:a County, 1,11-azesota, 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 #193 - Sanitary sewer, water and storm sewer improvements in Ches Mar Second Addition, abairst every assessable lot, piece or parcel of land affected thereby upon the basis of benefits, without regard to cash valuation, in accordance with the pr.n isions 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, at?d an opportunity has-been given to all interested persons to present their objec::i.ons, if any, to such proposed assessments (and--s-a.U_pzopr4zd--as ss:~ rt ?pan. heann :x~.tlecL ; as- -t<>- -oe-rtt a-i-n- -par-o&16- -o~ -laxid-f -ham o-k&w oa ZW _)L zdop-t-ecl- -t4irG- 4.&t e (2) This Council, heving heard and considered all objectioas so presented, and being fully advb.-red in, the premises, finds that each of t>ie .lots, pieces and parcels of land enumerate3 in the proposed assessment roil. (as -rv amendcd)* was and is specially benefitted by the construction of said improvement in not less than the amount of the assessment ;,.:wt -r?osite. the description of each such lot, piece and parcel of land, respectively, -,ad 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 (ate-atxenW)* is hora'oy .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 Atoll 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, l9 78., 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 soon as r..ny be, prepare and transmit to the Coun+•y Avaditcr a certified d=,plicate of the assessL:ent roll, with each then unpaid installment and interest set forth separately, to be extended upon, t' 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 belcru, are the clerk is a:i.:horized and directed to indicate the said amendments on the face of said assessment roll. NAII-B PROPERTY ASSES%.TL I,,T AS ,AMETMED The motion for the adoption of the foregoing resolution was duly seconded by Councilman Rahn and upon vote being taken t1isreon the followin; voted in favor Mayor Polzin, Councilmen Rahn, Smith ,Wachter, and Rydrych and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. STATE O PIIR'NESOTA) ss. COUNTY OF DA! OTA ) I, the undersigned, being the duly qualified and acting Cleric of the 'City of Eagan,-Dahota 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 mum-1-ci- pal ity. VTitne.ss my hand and the: seal oZ -aid City this 6th day of September, 19 77 (S E A L) City Clerk - 3 - ErL,V,CT OF MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MI~ZTESOTA HELD ON SEPTEMBER 6 , 19 77 Darsuant 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 6th day of September , 1977 at 7 o' clock P M. The following members were present: Mayor Polzin, Councilmen Rahn, Smit1f Wachter and Rydrych wid the following were absent: None The Clerk presented an affidavit showing publication of Notice of Dearing on the proposed assessments for Improvement Project #188 - Street improvements at Heritage Lane and LeTendre Street in the official nc-Tapaper in accordance with a rezolution her.atofore 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 eonsaderaticn of objections, if any, to said proposed assessments. All persons were than g-7en.:an.-opportunity to present oral objections, and all written objedtions theretofore filed with the Clerk i-ere presented and considered, and all su::h objections were tabulated as follows: None NAME PROPERTY NATURE Or 07.JE!:TION -1- Councilman Rahn then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFI~4IING ASSESSMENTS FOR IMPROVEMENT PROJECT #188 - Street improvements at Heritage Lane and LeTendre Street. BE IT R'SOLVED by the (-ty Council, of the City _f Eagan, Dakol;3 County, Mi;:,nesota, 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 #188 - Street improvements .at Heritage Lane and LeTendre Street. 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 prrjvisiors of Minnesota Statutes Annotated, Section 429, and notice has been duly published and mailed, ns required by law, that this Council would meet to hear aid 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 ptablic inspection, and an opportunity has been given to all interest-ed persons to present- the-.r objec:_.ons, if any, to such proposed assessments (a-saicpxc~posed~~~aas-b3~n-a~m:r_de_d as -to art airt -p a•reel-:. -o-€ -1-aed- r -by -r-esa~c~i inn d ]~y -adop-t t4 -thi:> -d.s (2) This Council, heving heard and considered all objections so presented, and being fully adva7,nd in Lhe premises, finds that each of t:ie .lots, pieces and parcels of land enumerated in the proposed assessment roil (aa-av-amzncle:~)x was and is specially benefitted by the con§truction of said improvement in not less than the amount of the assessment sit ^rpos9.te the description of each such lot, piece and parcel of land, respeW,-•7e1y, s.id that such am.cunt so set out is hereby levied against each of the reopective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll (as-amertdec=)* is hareby adopted snd 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 u-ith 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, 1978., to be payable with the general taxes collectable during the year 19 78, and one. of each of the remaining installments, together with one year's interest on that a~.d all other unpaid installments, to be payable with general tastes, 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 pny the whole of such assessment with interest accrued to'4he date of payment to the Treasurer of the City. * Strike the matter in parentheses if assessment roll was not amended. - 2 - (S) The Clerk, shall, as scon as .ay be, prerare and transmit to the Coun"y Auditcr a certified duplicate of the assessL,ent- roll, with each then unpaid installment and interest set forth separately, to be extended upon tzxe propar tux 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 bel(ru, are the clerk is az7tborized and directed to indicate the said amendments on the face of said assessment roll. rL4r?; PROPERTY ASSESSTTNT AS REIT ED The motion for the a4option of the foregoing resclut on was truly seconded by Mayor Polzin and upon vote being taken thereon the following voted in favor; Mayor Polzin, Councilmen Rahn, Smith, Wachter and Rydrych and the following voted cgainst sas.,e; None Whereupon said resolution was declared duly passed and adopted. STATE OF IIb*MSOTA) ss. COUNrI OF DAXOTA ) I, the undersigned, being the duly qualified and acting Clerk of the City of Eagan,-Dahota 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 cared and held on the date therein indicated, so far as the same minutes relate to the levy of assessments for an improvement of said muiai.ci- pal ity. Witness my hand and tt,e seal. -z maid City this 6th day of September , 19 77 (S E A L) City7Clerk - 3 - E:~T-'v,CT OF• MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MEWESOTA HELD ON SEPTEMBER 6, 19 77 Pursuant to due call and notice thereof, a regular meeting of the City Ccun,--il, of the City of Eaean, Dakota County, Minnesota was duly held at the City Hall in said municipality on the 6th day of September 19 77 at 7 o' clock P.M. The following members were present: Mayor Polzin, Councilmen Smith, Rahn; Wachter, and Rydrych and the following were absent: None The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Improvement Project #185 - Sanitary sewer and water improvements in Heine First Addition. in the official n.e-mpaper in a.eccrdanoe 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 wa.a open for the oonsidera,tinn of objections, if any, to said proposed assessments. All persons were t113n given.:ar±,.6pportunity to present oral objections, and all written objedtions theretofore filed with the Clerk t-rere presented and considered, and all su:h objections were tabulated as follows: None NAME PROPERTY NATURE Or C JECiION -1- Mayor Polzin then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AID CONFL-KING ASSESSIENTS FOR IMPROVEMENT PROJECT #185 - Sanitary sewer and water improvements in Heine First Addition.:_ BE IT RESOLVED by the C_ty Council, of the City .f Eagan, Dalec;:a Cou tty, PYazesota, as fo11o:7s; (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 #185 - Sanitary sewer and water improvements in Heine First 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 pr Q1 isions 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 piblic inspection, and an opportunity has-been given to all interested persons to preserZ the:'_r objections, if any, to such proposed assessments (anal-safe}-gps~3sed-assess4a -4as-;yeas-aa+3aaded as -~e -eer~abn -pa~eebs -af -band; -by -reso~e~io~c -d-a1-y -adopt-ec~ -tk~i-s -clams}~'~ , (2) This Council, having heard and considered all objections so presented, and being fully advS.-:ed in the premises, finds that each of t:ie .lots, pieces and parcels of land enumerated in the proposed assessment roll (us-to-amerAcd)* was and is specially bencfitted by the conftri±ction of said improvement in not less than the amount of the assessment set -p?0s1te the description of: each such lot, piece and parcel of land, respectively, &.1d that such ancunt so set out is hereby levied against each of t1le respective lots, pieces, and parcels of land therein described. (3) The proposed assessment ro11-Eas-&mea4eCr}*- is hereby adopted and confirmed as the proper special assessment for each of said iota, 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 Decersber 31, 1978., to be sayable with the general taxes collectable during the year 19 78, and one. of each of the remaining installments, together with one ;rear'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 tine pny 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 - (S) The Clerk, shall, as seen as iray be, prepare and transmit to the County Auditor a certified duplicate of the assessi,ent roll, with each then unpaid installment and interest set forth separately, to be extended upon the propar 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 belcru, and t're clerk is avthorized and directed to indicate the said amendments on the face of said assessment roll. IllAne PROPERTY ASSESSATNT AS .AME17DED The motion for the adoption of the foregoing resolution was duly seconded by Councilman Smith and upon vote being token hereon the following, voted in favor: Mayor Polzin, Councilmen Wachter, Smith, Rahn and Rydrych and the following voted rgainst same: None Whereupon said resolution was declared duly passed and adopted. STATE OF MiOTESOTA) 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 meting 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 settl or said City this 6th day of September 1977 (S E A L) City'Clerk 3 - El-RPXT OF MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA HELD ON SEPTEMBER 6, 1977 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 6th day of September , 19 77 at 7 o'clock P M. The following members were present: Mayor Polzin, Councilmen Rahn, Smit11 Wachter and Rydrych and the following were absent: None The Clerk presented an affidavit showing publication of Notice of Hearing on the proposod assessments for Improvement Project #180 - Street and storm sewer improvements on Rahn Road in the official n.e•,-apaper in acccrdanoe with a resolution heratoaore adopted by the City Council, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting was cpen for the eonsideratIm of objections, if any, to said proposed assessments. All persons were than g.a,ren:ar_.-opportunity to present oral objections, and all written objedtions theretofore filed with the Clerk were presented and considered, and all su--h objections were tabulated as follows: None NAIL PROPERTY NATLTRE 0 OBJECTION -9 - Councilman Rahn then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AM CONFIrJ4ING, ASSESSMENTS FCR IMPROVEMENT PROJECT #180 - Street and storm sewer improvements on Rahn Road. BE IT RFSOLVED by the "ty Council, of the 7ity _f Er an, 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 #180 - Street and storm sewer improvements on Rahn 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 prJ,7isior.S of Minnesota Statutes Annotated, Section 429, and notice has been duly published and mailed, ns required by law, that this Council would meett to hear and pass upon all objections, if any, and to amend said proposed assessments a3 right 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 objet Ions, if any, (arct-said-pxsposed-assega~ent -?gas-b"a-ameadad to such proposed assessments ss-to-certatrt-parcels-of-land; -by-resolat_cn-c1u?-q-ac4agtrec~-tel~ib-c~at:e}:~, (2) This Council, hoeing heard and considered all objecticas so presented, and being fully adv:Cnd i, the premises, finds that each of x_,e lots, pieces and parcels of land enumerated in the proposed assessment roll (as-se-apmeKded)* was and is specially benefitted by the construction of said improvement in not less than the amount of the assessment rSt -pposite t:.:e description of each such lot, piece and parcel of land, rnspect_i-iely, &ad that such anc nt so set out is hereby levied against each of the reonective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll (as-amended)* is h reby 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 goner--l 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 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 19 78, 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. far 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 tine pny 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. 10. years for street; 15 years for storm sewer - 2 - (5) The Clerk, aha].3., as sccn as may be, prepare a^d transmit to the County Auditcr a certified duplicate of the assessLent roll, with each then ur..paid installment and interest set forth separately, to be extended upon tle propar 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 belof;, ane th,2 clerk is a,!thorized and directed to indicate the said amendments on the face of said assessment roll. PTAIT' PROPERTY ASSES%T"N3T AS AMENDED The motion for the adoption of the foregoing resolution was duly seconded by Councilman Rahn and upon vote being taken tuereon the, following voted in favor Mayor Polzin, Councilmen Smith, Wachter, Rydrych and Rahn and the following voted against saTuC: None Whereupon said resolution was declared duly passed and adopted. STATE OF IJI. NESOTA) ss. COUNTY OF DA OTA ) I, the undersigned, being the duly qualified and acting Clerk of the City of Began,-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 mundci- pal ity. Witness my hand atul the seal oZ awbi City this 6th, day of September , 1977 • (S E A L) City7Clerk 3 - Eri'7.CT OP MINUTES OF =ING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, A lIMSOTA HELD ON SEPTEMBER 6, '1977 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 6th day of September , 19 77 at 7 o'clock P M. The following members were present: Mayor Polzin, Councilmen Rahn, Wachter, Smith and Rydrych and the following were absent: None The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed aseessments for Improvement Project #168 - Storm sewer improvements in Sibley Terminal Industrial Park in the official n.e,~*spaper in acccrdanoe with a rozolution 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 conoideratinn of objections, if any, to said proposed a.ss ssments. All persons were than g.afen.:an.•©pportunity to present oral objections, and all written objedtions theretofore filed with the Clerl,, -ere presented and considered, and all su-.h objections were tabulated as follows: NA1,,1 PROPERTY NATURE Or ORJE TIO1T Representatives of E.L. Murphy Trucking Co. expressed concern over sanitary sewer improvements on its property. i -1- Councilman Rahn then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AI0 CONFUU74ING ASSESSMENTS FOR IMPROVEMENT PROJECT #168 - Storm sewer improvements in Sibley Terminal Industrial Park. BE IT RESOLVED by the ity Council, of the 7ity _f Eagan, Dakota County, Hi4aesota, 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 #168 - Storm sewer improvements in Sibley Terminal 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 prc,risiors 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 an t?i.ght be necessary, and said proposed assessment roll has at all times since its filing been open for p03li.c inspection, and an opportunity has been given to all interested persons to present the4r objEC::^.ons, if any, to such proposed assessments (ard--sa~1c3-rQposeel- ~rrxo-~ amc~ned a s- z-0 ae r o-i~r Bet l-o- -0 f- 1 atxl-,- -t~eso-lirt i-o tau? 3r- -ac~op ted- -t 3. 40-t-se.' (2) This Council, hoeing heard and considered all objections so presented, and being fully advised ir. the premises, finds that each of t:,4 .lots, pieces and parcels of land enumerated in the proposed assessment roil (&&--4o--emend-ed)* was and is specially benefitted by the conttruction of said improvement in not less than the amount of the assessment set: -rposi.te the description of each such lot, piece and parcel of land, respectively, u.id that such amount so set out is hereby levied against each of the re.:rective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll i s ucne3r3~ec})* 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 ossessment 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 Deceraber 31, 19 78 , to be sayable with the general taxes collectable during the year 19 78, 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 w (5) The Clerk, shall, as scen as tray be, prerare and transmit to the County Auditcr a certified duplicate of the assessi-,ent roll, with each then unpaid installment ar_d interest set forth separately, to be extended upon t7319 propar tax lists of the County, and the County Auditor shall there- after collect said assessments in the manner provided by law. (6) The proposed assess+tnents heretofore made in respect of the improvement shall be and are hereby amended so as to read as shown below, an.;! the clerk is ac7t:horized and directed to indicate the said amendments on the face of said assessment roll. PL4P PROPERTY ASSESSNENT AS .AMIMED The motion for the adoption of the foregoing resolution was duly seconded by Councilman Wachter and upon vote being taken tbcreon the following voted in favor: Mayor Polzin, Councilmen Smith, Wachter, Rahn and Rydrych and the following voted egainst sane; None Whereupon said resolution was declared duly passed and adopted. STATE OF IIIiINESOTA) 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- paIity. Witaess my hand ar<d the seal ax said City this 6th day of September , 19 77 (S E A L) City Clerk 3 - Eii VXT OF MINUTES OF MEE'T'ING OF THE CITY COUNCIL CITY OF EP.GAN, DAKOTA COUNTY, MEMI ESOTA HELD ON SEPTEMBER 6, 1977 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 6th day of September , 1977 at 7 o'clock P.M. The following members were present: Mayor Polzin, Councilmen Rahn, Smith, Wachter and Rydrych and the following were absent: None Mie Clerk presented an affidavit showing publication, of Notice of Hearing on the proposed assessments for Improvement Project #190 - Sanitary sewer and water in Carlson Acres in the official n.e,,?spaper in acccrdanae with a resolution heretofore adopted by the City Council, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that tha meeting was open for the eonsideratimi of objections, if any, to said proposed assessments. All persons were than given.:an.•bpportunity to present oral objections, and all written objections theretofore filed with the Clerk -ere p.-nesented and considered, and all su::h objections were tabulated as follows: NAPE PROPERTY NATURE Or OBJECTION Objections were expressed by certain property owners concerning rates charged. There was a request for special consideration because assessments were only levied on the West side of Pilot Knob. It was moved by Wachter and seconded by Rahn to continue the hearing until September 13, 1977 pending a report on costs from the City Engineer. All voted in favor. -1-