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09/24/1980 - City Council Special OC 236 ~IINU'IFS OF A SPECIAL MEETING OF THE FAGAN CITY COUNCIL EAGAN, MINNFSOTA SEPTEMBER 24, 1980 A special meeting of the Fagan City Council was held on Wednesday, September 24, 1980, at 6:30 p.m. at the Eagan City Hall. Present were 'ayor Blomquist and Council- members Parranto, Egan, Smith and Wachter. Also present were Public Works Director Colbert, City Administrator Hedges, City Engineer Rosene, and City Attorney Hauge. AGENDA After the Pledge of Allegiance, the agenda was approved upon motion duly made and seconded. ASSESSMENT HEARINGS Mayor Bea Blomquist opened the public hearings regarding approximately 35 assessment hearings and City Administrator Hedges briefly introduced the hearing process to the audience present. He stated that that are about 35 hearings including 52 projects and stated a great deal of work had taken place in recent weeks in pre- paration of the assessment rolls. Notices have been sent to all affected property owners and Mr. Hauge stated that objections must be stated in writing to any of the specific assessments by the evening of September 24 according to state law. It was determined that all assessment hearings will be convened by the Mayor and that the summary and review of each of the assessment rolls will be made by the City Admini- strator during the course of the hearings. The Administrator will then ask whether any persons in the audience have questions, comments, or objections, which procedure was followed during the course of the evening. PROJECT #216, MALLARD PARK 1ST, 2ND and 3RD ADDITIONS After convening the hearing and introduction of the assessment roll, it was noted there were no objections to the project and no one was present regarding the assess- ment roll. Smith moved, Parranto seconded the motion to close the hearing, to approve the assessment roll and to authorize the clerk to certify it to the County Auditor. All voted yes. PROJECT #E219, DUCKWOOD DRIVE The hearing concerning street and utility improvements on Duckwood Drive consisting of Project #218, Improvement #79-20, was convened and no objections were noted. Egan moved, Wachter seconded the motion to close the hearing, to approve the assessment roll and authorize its certification to the County Auditor. All voted yes. Council Meeting September 24, 1980 0C.;Z3 rry Page Two PROJECT #221 DUCKWOOD FSTATFS The next public hearing concerned Project 11221B concerning street improvements in Duckwood Estates. There were no objections but there were questions concerning the timing for the completion of the improvements. Wachter moved, Parranto seconded a motion to close the hearing, to approve the assessment roll as presented and authorize that it be certified to the Dakota County Auditor's office. All voted yes. PROJECT #236 IMPROVEMENT 1`79-8, MEADOWLAND ADDITION The hearing concerning Project #236 regarding street improvements in Meadowland Addition involving Improvement 1E79-8 was next convened. Mr. Rod Hardy of Dunn & Curry was present and stated that its objections to the assessments on Beaver Dam Road adjacent to Christ Lutheran Church are now withdrawn and that Dunn & Curry will authorize respreading of those assessments adjacent to Christ Lutheran Church against all lots within Meadowland Addition and that Dunn & Curry will guarantee payment of those street assessments. Fgan moved, Smith seconded the motion to approve the roll, to close the hearing, and to order the roll forwarded to the County Auditor. All voted in favor except Wachter who abstained because of his membership in Christ Lutheran Church. PROJECT #237 THOMAS LAKE ROAD The hearing regarding improvements to Thomas Lake Road consisting of Projects #237 and #239A was next convened by the Mayor. Mr. Richard Smith appeared and had concerns about the installation of trees. Mr. Rosene indicated that the contract has been awarded for the installation of trees and there were no objections to the project. Parranto moved, Wachter seconded the motion, to close the hearing, to approve the assessement roll, and to authorize the Clerk to certify the roll to the County Auditor. All members voted in favor. PROJECT #239 PILOT K1 OB HEIGHTS FIFTH ADDITION The hearing regarding Pilot Knob Heights 5th Addition consisting of Projects #239A and 240A was convened. There were no objections. Parranto moved, Egan seconded the motion to close the hearing, to approve the assessment roll as drafted, and order its certification to the County. All voted yes. PROJECT #243 NFIL ARMSTRONG BOULEVARD Improvement Project #243A, #240A public hearing was next convened consisting of street improvements and utilities in the Neil Armstrong Boulevard area. There were no objections and Smith moved, Wachter seconded the motion to close the hearing, to approve the assessment roll as prepared and order its certification to the County Auditor. All voted yes. Council Minutes September 24, 1980 0U41 Page Three PROJECT #248 PARK CLIFF ADDITION The public hearing regarding street improvements and utility improvements in the Park Cliff Addition consisting of Improvement Projects 1239A, Improvement Project #79-16 was next opened by the mayor. There being no objections, Wachter moved, Fgan seconded the motion to close the hearing, to approve the assessment roll and authorize its certification to the County Auditor. All voted yea. PROJFCT #249 CAMFRON ADDITIO''? The public utilities and street improvements for Cameron Addition public hearing was next convened by Mayor Blomquist and consisted of Improvement #79-16. There were no objections and Fgan moved, Parranto seconded the motion to approve the assess- ment roll, to close the hearing, and to authorize its certification to the County. All voted in favor. PROJECT #255 THOMAS LAKE ADDITION Mayor Blomquist then convened the public hearing regarding streets and utility improvements to Thomas Lake Addition consisting of Improvement #79-18, Improvement Project #255. Mr. Byron Watschke, the developer, appeared and asked for information regarding final costs and had questions concerning the timing for the final costs prior to assessment hearings. Mr. Colbert indicated that costs are available at the hall. Smith moved, Parranto seconded the motion to close the hearing, to approve the assessment roll and authorize its certification to the Dakota County Auditor. All voted yes. PROJECT #259 VIENNA WOODS ADDITION The street improvements to Vienna Woods public hearing was next convened by the Mayor, consisting of Improvement #79-15, Project #259. Norman Braatan appeared asking questions as to whether the project is completed and as to whether there will be any further assessments. Mr. Posene indicated that only project cleanup remains and that the project is essentially complete. Wachter moved, Egan seconded the motion to close the hearing, to approve the assessment roll and authorize its certifi- cation. All voted in favor. PROJECT #261 CHES MAR FAST 1ST ADDITION, CANTFRBTTRY FOREST AND WEDGEWOOD ADDITION IMPROVEMENTS Mayor Blomquist then convened a public hearing concerning Improvement 479-3 for Project #261 consisting of street and utility improvements for Ches Mar Fast 1st, Canterbury Forest and Wedgwood Additions. Mr. Rod Hardy of Dunn & Curry was present and requested approval of the Council to review the rolls and determine whether there would be a request for review by the Council. After discussion, Smith moved, Wachter seconded the motion to close the hearing, to approve the assessment roll contingent upon the determination of any objections and if there are objections then the Council would reopen the hearing and consider such objections either to the Council or the Special Assessment Committee. Further, the Council acknowledges receipt of the request of Mr. Hardy for Dunn & Curry. All members voted in favor. Council Minutes September 24, 1980 06-239 Page Four PROJECT #255 LAKE PARK SHORES The public hearing regarding street and utility improvements to Lake Park Shores consisting of Improvement Project #79-18, Project #255, was then opened by the Mayor. There were no objections to the project and Egan moved, Wachter seconded the motion to close the hearing, to approve the assessment rolls, and to order certification to the County. All voted in favor except Parranto who abstained. PROJECT #267 WILDERNESS RITN ROAD GRADING The next public hearing convened by Mayor Blomquist consisted of the Wilderness Run Road grading project consisting of Improvement #79-7, Project #267. Mr. Hardy also reiterated his request in letter form and submitted a letter similar to Project #261 and requested the right to review the roll and determine whether a review or objection will be submitted to the Council. Fgan moved, Wachter seconded the motion, to close the hearing, to approve the assessment roll subject to the right to reopen the hearing if objections are submitted by Dunn & Curry and acknowledged the receipt of the letter of objection and authorized the Clerk to certify the roll to the County Auditor. All voted in favor. PROJECT #269 DtTCKW00D DRIVE EXTENSION The street improvement hearing concerning Duckwood Drive extension was convened by the Mayor as Improvement #79-20, Project #269. There were no objections to the assessment roll. Wachter moved, Egan seconded the motion to approve the roll, to close the hearing, and to authorize the roll to be certified to the County Auditor. All voted yea. PROJECT #272 BRITTANY ADDITION The next hearing convened by Mayor Blomquist consisted of street and utility projects to Brittany Addition consisting of Improvement #79-18, Project #272. No objections or appearances were noted. Smith moved, Parranto seconded the motion to close the hearing, approve the roll and certify it to the County Auditor. All voted yes. PROJECT #275 FRONTAGE ROAD A Mayor Blomquist then convened the public hearing concerning street improvements and utility improvements in the Frontage Road A, Slater Road area consisting of Improvement #79-23, Project #275. Mr. Daniel Beeson of the LeVander law firm in South St. Paul appeared on behalf of James F. Duncan, one of the affected property owners. He submitted a written notice of objection at the time of the hearing and had certain objections and claimed that there was not benefit to Mr. Duncan's property. He stated that MN/DOT has agreed to pay for the resurfacing of James Street and the City Engineer indicated that the $870 for street assessments takes into account the participation by MN/DOT. In addition, other property owners including Mr. Humm appeared and objected to the area assessments including the pond area which he stated has increased in level substantially and with an anticipated Council Minutes September 24, 1980 0( 240 Page Five increase to a greater extent in the future. The Public Works Director reviewed the status of the pond area. After discussion, Parranto moved, Smith seconded the motion to close the hearing, to note the objection has been filed, further, that the assessment roll be approved, acknowledged the objection with the understanding that in the event that the objections are not verified to the satisfaction of the objecting property owners, that the hearing would be reopened and the objections forwarded to the Special Assessment Committee; further, resolved to authorize the certification to the County Auditor. All voted in favor. PROJECT #283 JOHNNY CAKE RIDGE 1ST, 2ND, 3RD, and 4TH ADDITIONS The public hearing regarding utility improvements to Johnny Cake Ridge 1st, 2nd, 3rd, and 4th Additions consisting of Improvement #79-22 was next convened. No objections being presented, Wachter moved, Egan seconded the motion to close the hearing, to approve the roll and order its certification to County Auditor Onishuk. All voted yea. PROJECT #290 ECONOMICS LABORATORY The Mayor convened a public hearing regarding Improvement X180-8 consisting of utility improvements to Econ Lab area as Project #290. There were no objections to the project. Egan moved, Parranto seconded the motion to close the hearing, approve the assessment roll as provided and for its certification to the County. All voted yes. PROJECT #291 WILDERNESS RUN 1ST AND 3RD ADDITIONS STREET LIGHTS Mayor Blomquist convened a public hearing concerning street improvements in the Wilderness Run 1st and 3rd Additions consisting of Improvement Project #80-3, Project #291, for street lights. No objections were voiced or submitted in writing. Wachter moved, Egan seconded the motion to close the hearing, to approve the roll and authorize its certification. All voted yes except Parranto who abstained indicating that he lived within the general assessment area. PROJECT #295 CEDAR CLIFF 1ST ADDITION The public hearing consisting of Improvement #80-4, Project #295, street and utility improvements to Cedar Cliff 1st Addition was next convened by the Mayor. Mr. Steve Ryan of Zachmann Homes was present and requested information only concern- ing the residential assessments. There were no objections. Smith moved, Fgan seconded the motion to close the hearing, to approve the assessment roll as it was drafted and authorize certification to the County. All voted yes. PROJECT #296 IMRE ADDITION The public hearing next convened consisting of Improvement #80-8, Project #296, consisting of utility improvements in the Imre Addition, was,next opened by the Mayor. Mr. James Imre was present and asked for construction costs. He indicated that gravel had been buried in the construction site and asked to replace the ground conditions as to its former condition. He also had concerns about construction but Council Minutes September 24, 1980 Q~' Page Six did not object to the assessment roll. Parranto moved, Wachter seconded the motion to close the hearing, to approve the assessment roll, and authorize its certification to the County. All councilmembers voted in favor. PROJECT #301 CHES MAR EAST 2ND ANT) 3RD ADDITIONS The next public hearing convened consisted of Improvement 180-8, Ches Mar East 2nd and 3rd Additions restored street and utility improvements, Project #301. No objections were voiced in writing or verbally. Parranto moved, Egan seconded the motion to close the hearing, to approve the assessment roll and authorize its certi- fication to the Dakota County Auditor. All voted yes. PROJECT #312 FIRST MINNEHAHA ADDITION The hearing on utility assessments for improvement #79-1 and #80-8 consisting of Project #312 in the First Minnehaha Addition was next convened. There were no objections to the project. Wachter moved, Parranto seconded the motion to close the hearing, to approve the assessment roll and authorize its certification to the County Auditor. All voted in favor. PROJECT #184 GOPHER SMELTING COMPANY PROPERTY The next public hearing convened concerned the assessments for the County Road improvements on Yankee Doodle Road consisting of Improvement Project #184 in the Gopher Smelting Company area. The lump sum assessment was for street improvements in the sum of $29,676.03. There was no objection to the project and therefore Smith moved, Wachter seconded the motion to close the hearing, to approve the assessment roll and authorize its certification to the County Auditor. All voted in favor. PROJECT #201 CLIFF POAD UPGRADING The next public hearing also concerned County street improvements and dealt with the Cliff Road upgrading, Improvement Project #201. One affected property owner appeared and indicated that the property owners in the area had requested the County pay the entire construction costs and a letter of objection from Gilbert Amundson was submitted to the City Council. Egan moved and Parranto seconded the motion to close the hearing, to approve the assessment roll and to authorize certification to the County Auditor all subject, however, to the appeal from Gilbert Amundson on Cliff Road with the understanding that it will be forwarded to the Assessment Committee for review and recommendation to the Council. All voted in favor. PROJECT #240 DREXEL HEIGHTS ADDITION The Improvement Project concerning street improvements for Drexel Heights Addition, Improvement Project #240A, was next convened. No objection was submitted. Parranto moved, Wachter seconded the motion, to close the hearing, to approve the assessment roll and authorize its certification to the County Auditor. All voted yea. Ccunc ll Minutes September 24, 1980 00242 Page Seven PROJECT #241 LAKESIDE ESTATES ADDITION, SADDLEHORN ADDITION AND DODD ROAD AREA Mayor Blomquist then covened the public hearing concerning assessments for the Lakeside Estates, Saddlehorn Addition and Dodd Road area consisting of Improvements #79-13, #79-21, #79-11, and #79-12 regarding street improvements and utility improve- ments. A large number of affected property owners were present, some stated that the estimate was in the range of around $6,500 per lot and the assessment amount per lot was approximately $9,000 to $9,600 in Lakeside Estates. There were strong objections to the increase in the assessment above the estimated costs. Mr. Rosene stated the estimates were made in the fall of 1978, the bids were awarded in the spring of 1979 and there were severe weather problems during the 1979 construction season with extra quantities of crushed rock to maintain access. A number of meetings had been held with property owners in the area to explain the project and some increases were explained at those meetings. Some objections from property owners indicated that they did not have sufficient information prior to the assessment hearing to submit written objections and there were requests for continuance of the public hearing. After considerable discussion, Smith moved, Fgan seconded the motion to continue the public hearing to October 7, 1980, at 7:00 p.m. to refer the proposed assessment roll to the Assessment Committee for review and hearing on October 1, 1980 at 7 p.m. and further that it prepare findings and forward them to the City Council for hearing on October 7. Property owners present were asked to notify neighbors and as much notice as possible will be given to property owners in the area. All members voted in favor. A number of property owners spoke including Edward Schwanz, Trudi Johnson, Paul Dehler and Robert W. Novak, all of whom submitted letters of objection. PROJECT #278 OVERVIEW ESTATES The public hearing concerning the street and utility improvements in Overview Estates area consisting of Improvements #79-13 and #79-21 was next convened by Mayor Blomquist. There were questions from residents in the area who were present in the audience and the engineering staff explained the project in some detail. There were some verbal objections that were made by property owners including the need to restore the property. Egan moved, Parranto seconded the motion to close the hearing, to approve the assessment roll and to authorize its certification to the County Auditor with the understanding, however, that it may be reopened if there are objections submitted by property owners to permit the Assessment Committee to review and make recommendations to the City Council. All members voted in favor. CLIFF ROAD PROPERTIES WEED CUTTING HEARING The next public hearing convened by the Mayor consisted of weed cutting assess- ments to Cliff Road Properties in the amount of $500. Mr. Colbert stated that notice had been sent to the property owners and that no response had been received. There were no objections. Egan moved, Smith seconded the motion to close the hearing, to approve the assessment roll and authorize certification to the County Auditor. All voted in favor. ADJOURNMENT Parranto moved, Egan seconded the motion, all voted in favor, to adjourn at 9:40 p.m. PHH Dated: September 24, 1980 1,