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10/11/1983 - City Council Special 00293 MINUTES OF A SPECIAL COUNCIL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 11, 1983 A special meeting of the Eagan City Council was held on Tuesday, October 11, 1983 at 6:00 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were Public Works Director Colbert, Consulting Engineer Rosene and City Attorneys Bradley Smith and Paul Hauge. At 6:00 p.m., Mayor Blomquist convened the special council meeting to interview candidates for the Joint Burnsville/Eagan Cable Commission. The City Administrator had included notices in the local newspapers and also contacts had been made with persons who had indicated an interest. Interviews took place between 6:00 p.m. and 7:10 P.M. At 7:15 p.m. the Mayor reconvened the meeting and announced that the purpose of the meeting was to reconvene three continued assessment hearings where objections had been filed by property owners to the proposed assessments against their property. These hearings included the following: 1. Stanley Piekarski, Project #182R, storm sewer assessments. 2. James Horne and Horne Development Corporation, Project #297, storm sewer assessments. 3. Drexel Heights Addition, Project #240, street improvements. Paul Hauge, City Attorney, reviewed the proposed procedure for the three continued hearings and indicated that he would read a statement prior to each hearing that would apply to the procedural points regarding that hearing. An oath would be given to each witness at the beginning of each hearing. The witneses on behalf of the City would include the Public Works Director, Tom Colbert, the City Engineer Bob Rosene and an appraiser. Notices were sent to each of the owners of the original hearing and the continued hearing, in- cluding the attorney for each of the objecting property owners. Each had a right to appear, to make a presentation and ask any questions. He also stated that the purpose was to avoid appeals to the District Court, if possible, and that the City Council is being called upon to make a determination as to whether the benefit exceeded the amount of the proposed assessments against the property. A Court Reporter was present and was instructed to take all of the testimony. The property owners or representatives of each of the owners were present at the hearing. 1 00294 Special Council Minutes October 11, 1983 STANLEY PIEKARSKI - PROJECT #182R The first hearing reconvened by Mayor Blomquist concerned the storm sewer assessments against the Stanley Piekarski property north of Highway #55 under Project #182R. Bradley Smith conducted the hearing for the City, and the first witness was Tom Colbert who reviewed the history and the background of the project. He went back as far as 1976 at which time a request was made by Mr. Piekarski to the City for a storm sewer project to avoid flooding of his property. A hearing was held in 1976 resulting in almost unanimous opposition from the affected property owners and the City Council determined not to proceed with the project. The project did proceed due to serious water problems in the Highway #55 area, including the Piekarski property, and at the hearing on July 5, 1983, Mr. Piekarski submitted objections which resulted in the current hearing being held. In addition, Bob Rosene testified as did Dan Dwyer, appraiser for the City. Exhibits were introduced. Mr. Joseph Perry, attorney for Piekarski was present as were Mr. and Mrs. Piekarski. Mr. Piekarski testified at the hearing and copies of all documents were given to his attorney. At approxi- mately 8:30 p.m. after all testimony and questions and evidence was in, Smith moved, Wachter seconded the motion to close the hearing and to keep the record open for 15 days to allow additional written evidence; further, that the Council consider written motions to reopen the hearing or extend time limita- tions with motions to be served no later than 20 days from the close of the hearing, and Findings of Fact, Conclusions of Law and proposed Orders to be submitted within 30 days from the close of the hearing. All members voted in favor. JAMES HORNE - PROJECT #240 The next reconvened public hearing beginning at 8:40 p.m. concerned the objections filed by Mr. and Mrs. James Horne and Horne Development Corporation covering storm sewer improvements under Blackhawk Lake Trunk, Project #240. Attorney Paul Hauge read a statement into the record concerning procedure and Mr. and Mrs. Horne were present. Mr. Horne requested a continuance until his application for zoning and preliminary plat approval have been acted upon by the Advisory Planning Commission and City Council. It was noted that several drafts of a proposed agreement to settle the storm sewer assessments have been submitted to Mr. Horne but had not been signed by him. Mr. Horne stated that if the Council approves the rezoning and preliminary plat, he would sign an agreement regarding settlement. Councilman Smith suggested that the Council continue the hearing until the action on the zoning and the platting has been completed. Smith moved, Wachter seconded the motion to continue the hearing until the application for rezoning and platting has been heard and decided upon by the City Council. Those in favor were Smith and Wachter, those against were Blomquist, Egan and Thomas. 2 00295 Special Council Minutes October 11, 1983 At 9:00 p.m. Mr. Michael Stern, attorney for Pilot Knob Properties, the developer of the Drexel Heights Addition requested that the hearing regarding Drexel Heights Addition street improvements be continued because he would not be able to stay during the course of the evening hearing. The Mayor asked if Mr. Horne would be willing to wait until the Drexel Heights hearing had been completed, and the Council then determined to proceed with the Drexel Heights hearing at approximately 9:00 p.m. DREXEL HEIGHTS ADDITION - STREETS IMPROVEMENTS - PROJECT #240 The Mayor then reconvened the public hearing concerning the objections to assessments for street and storm sewer improvements under Project 4240. Mr. Hauge asked Mr. Stern if he would waive the reading of the introductory statement that had been read, both at the introduction of the Piekarski hearing and the Horne hearing covering procedure, and Mr. Stern agreed to the waiver. A copy of the statement, however, is being submitted with the record. Mr. Colbert was the first witness for the City and reviewed the extensive background, beginning approximately in 1974 when utility improvements were installed in the then proposed Drexel Heights Addition. He detailed the progress of the utility installation and ultimately the request for street improvements, approximately in 1978 by the owner and developer. Reconstruc- tion due to defects in utility installation took place in 1979 and discussion between the developer and the City concerning the streets took place in that year. The first hearing on the assessments was held on September 24, 1980, at which time no objections were submitted. A revised hearing was scheduled for December 16, 1980, at which time Pilot Knob Properties filed objections and a hearing was held before the District Court in 1981 at which time the District Court ordered the assessments to be remanded to the Council for determination of benefit. Negotiations have taken place between the property owner and the City staff periodically for many months and the staff recommended the Council again schedule a hearing on the reassessments, which was held on September 6, 1983. At that time, objections were submitted by Pilot Knob Properties on behalf of the owners of all of the lots in Drexel Heights Addition and the Council then continued the hearing to October 18, 1983 and subsequently re- vised to October 11, 1983. Mr. Colbert then reviewed the assessments proposed to be assessed against the property in the sum of $4,467.00 and detailed the street and storm sewer improvements within the subdivision. He noted that the developer had originally agreed to assess each of the lots equally, rather than be assessed on a front-foot basis for the street improvements, and thus the reason for an equal amount proposed to be assessed against each lot. Mr. Stern cross- examined Mr. Colbert concerning the project and the assessments. Robert Hutchinson appeared on behalf of the City as its appraiser for the project, and detailed from his appraisal report prepared in 1981, the benefit to each 3 00296 Special Council Minutes October 11, 1983 of the parcels, based upon comparable sales, both before and after the instal- lation of the improvements. After cross-examination of Mr. Hutchinson, Mr. Stern stated that there were no witnesses for the property owner. At 10:55 p.m., upon motion by Egan, seconded Wachter, it was resolved that the hearing be closed and that each party has a right to submit additional written infor- mation within 15 days from the close of the hearing, to make requests or motions for rehearing on any issues within 20 days of the close and to submit proposed Findings of Fact, Conclusions of Law and Order within 30 days of the close of the hearing. All voted in favor. JAMES HORNE - STORM SEWER IMPROVEMENTS - PROJECT #29T The Mayor then reconvened the continued public hearing concerning the storm sewer improvements to the Horne property. Mr. and Mrs. Horne again appeared and Tom Colbert was asked on behalf of the City to detail the back- ground of Project #297 consisting of the Blackhawk Lake storm sewer project. He explained that an assessment hearing was first held on November 8, 1982 and a rehearing was held on December 21, 1982. Objections were filed and the hearing was continued generally at the request of Mr. Horne at least five times since then. Although Mr. Horne had requested that the hearing be con- tinued again until the Council acts upon his applications for preliminary plat approval and rezoning, the Council decided to proceed with the hearing. After a detailed review of the proposed assessments against the property, based upon the rates in existence set by the City Council for storm sewer trunk purposes, Dan Dwyer then appeared as the City's appraiser and reviewed his two appraisal reports prepared as of November 9, 1982, covering the property. He indicated that in his opinion the benefits exceeded the amount of the assessments and after questions by the City Council. Mr. Horne was given the opportunity to ask questions and present testimony but elected not to do so. Upon motion by Wachter, seconded Egan, it was resolved that the hearing be closed and that the parties be given 15 days to submit additional testimony or information to the Council, 20 days to request by motion any continued hearings on any issues and 30 days to submit proposed Findings, Conclusions and Order to the Council. The hearing adjourned at 11:30 p.m. All voted in favor. PHH ~ n. C yCerk 4