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,