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09/03/1974 - City Council RegularM~I?u"'!~" G"r' A RBGtJLAR P`aE~.'~:it.^a 4i T'::~ E![ts3~:~T G~TI' CG;T!`7w:Ci. EAr~AN, M? T?NE50TA September 3, 1974 The ~:egLlak meeting was held at the Eagan City Hall on September j, 1974 at 8x30 g.m. with N,ayor Po].zin presiding. Those present were Polzin, Smith and Ruyan; Rydr3-cii was absent and Wachter present after 8:00 p.m. after the Pledge of Allegiance, upon motion duly madam and seconded it way R.~SOLVE7 that tY:e minutes of the previous meetin be approved as distributed. Mart~.,i Do.T~auriers appeared on behalf of a request for bids for moo? ice_ aut:~- mob~.3~~s and •~.nciicated that seven requests for bids had been sent to potential ~ilders with oily one bid submitted from Ridgedale Ford for ore as`:omobi.?a fn•r $3,920.56 lee; trade-in on a used automobile of $1,404•.12 far a balance paJanle of .$2,510.44. Upon motion by Smirch, seconded t~lachter, all members tiorin~ ;T~~s, it was RESOLCED that the acquisition of one automobile be authorized for tY:e Police Department. Mr. Bill Branch appeared on behalf of the Utility Department and di£-cussed th4 potential connection for sanitary sewer service to the mobile homes sales pro_~erty at Hg':1yd:~1y ~~13 and Cedar Avenu~a as requested by Patti Mobile homes. [JpG;1 motion F3• I'u;,zin, seconded Raha, all members voting in favor, it was RESOLVRD ta~.ut t,'he =~equast for connection for the Ragan sanitary sewer system be granted for t.re or trP mobile homes sales office only to be paid for on the basis of ~:he ccnnect:.o;~ cl'_A.ruG. i1a-. ~,~:~ia{nger appeared on behalf of his application for a L~xildzn~ permit for mFtc7. equip<.mn.t storage building on a S acre parcel of property owned b;~hiu. i;3cet of Le.cingtoa Avenue and South of Lone Oak Road. Upon m4~~oa by Po T.~~ir., se:.cr~'ed S~a].ta, ul:i memne~s voting yes, it was `R$Sf~LVED that ~ applicaLiez~ I:c approved. sub,jsct to approval by the appropriate ot'ficials au3 fur~.h4~r s~::m:~ scion of approvYiat;; drainage plans for the immediate property. An ~'~,? i G,"~$'.~,c~1r.1 ixom Peace Re£cYm~ar_9 Cixtx.i' :1? on Ce~~a~: E~.yP'?l,\? .^rs u~,vu IYtOtiO.! UHF Ral?~?, sc:.~;~~.d~~a Sn~.r~z, a:?.~, memo}r~rs t~otin~; ita Lavuz, a.pZ~~r~vo~. a~:~:~j~Lc Co ~:?ze bui.ldir.g f.E,.,pector` s review and approval, Ths Courici~. tllez?. d:.scassPd a raqu~si: from the developer of La~Ces~.~j.e E__~____st4tc4 Asd~+.io-~ for r:he grant of a buildi*~g; pexm~it to Terry Andexrea for a rosl..den~G or. the Bast 2 cf ?mot 30 and Lot 31, lying beyord T•~ichigan Court, The Council _lU.iiwatr.d that it would grant only one ~ru:ilding permit fox every •t~.Yo 'soli s. ~~~:c~~ mo~~ryon iy i'ol::ir., seconded Rahn, all members voting in favor, it vas RL50L4ZU !:ii?~: S:j:?? r~si~~en~:ial building permit application for Ter,:y Anderson oza the lot de~criacd ab^~e t~ granted and thst the developer of the property be roquesteu tc; a, pc2~ J£i~:,$'e the Council to clarify further develo~ar~e~+.t ir.. th_- su~adivisieil, T~-.a ~°ayac r1en convened the g:~blic hQa.ring relating to T.m~. .r~oject ,~k1rZ~A a'i a,~n;~o:~~.r:aY,ely 7:15 p.m. dEaling 47~.ti2 Wc~co*_tMills Dri~Lc stLeer t~p:rc-+e~~:;r.r_s. The h~a~ring ?:ad teen close3 at thp, rig+.zlar August 20th meetirb. The Couiici~. di.ccusa?d various methods of assessing the property* i,icludin~; a passible ~r~•~::~~=.ct1~~:~ fir the resider.i:ial prope~~•ty aw c~p~:osed to the property used for cor,,mercial pr~~poses, ~po;.~: x~ot~~cn by Rehr.., seoon:iad Polzin, all members vo":i.~.a in favor, i` w^s R~=:~JI:~iL?`~ that the s ssescment ro'! 1 Le appro+=ed S~ co~-tified f:o tre Count_~ Auc.;.tc;. .eiiec.-~.x~4 Y4.~J0 per front fuoc avsessment fer resider~ial property aL.~i.t.ang woscor:r I.:i~.is Drivz and Y5.91 per front foot for all otY.er F,ro;~er:y use:. far ooim;:~rc~.al ~~::rposes including t.ae golf course aborting T~?~scott Iii11s Uritie; furi:huw• t~aB: tl~e L~lance of the cost of the road be picl~ed up by the city f:o be p;~i?~ From tk-.e, ro;.c't as~d bridge fund. It was i.ndic~ted that an a;iditianal arse .s- mr~:.t will be leafed aga'.inst all of i:he ab~:tting benefited property in t::~ f•~rtur+. ~,~~~e.a f~irrh:-^.r ir~pz'ovaments are maZo to the roa3. '"",, Ma_~rar ~~;2~~~~ con;~~en2d the ~iblic hearing regarZiz:g asses:.xL•~rts foL ~p~ ~._s._ P~-•o.ia::t ~kl".~• c+-n~ernirg the Rahn fioad side~~.a1lc. TIiCr3 Caere no obL::ti.ocs cn rte ~2- si~?ect~aa_k.o Ua.,n mo*ion by P.ahn, s~econds:l Sk,i.Lh, u:~l z~em'oers voting in favor it 7~uas R1;SOi~1,5D tl~~i: t.' a~sass~:ar~: roll 'o~ adopted and La ardeTel certified to L':::Q Co=.s.zt;~ A~ld.i~or is~d•icating that half of trAe cast of the Fxo jQct would be paid frcm general cti;y f~ur_us. '.!'ile publia hes~rir..~ regarding Imv. Pro;~sct ~k].07 assessmeni:a for Wescott Bills f~duition street improvem.nts was next convened, There were no object;.crs to t';2s p,'a;~oct. Upon motion by Folzin;, secor~ed Rahn, all malabers voting in faaror, i_L• was &ESCLVE~ thst theassessmsnt ~•oll be adopted and ordered certified to the Co~ynty A.~.ditor. Y'>ie liasa~. ~er.,~ regarding assessments for I~:p. Project #128-A Si la?er Be17~ Ro.:.d w_dea{.~g was convened. There were uo ob jecti.ons to that assess,~cnt roll, L'pon notion by Po1~iLa, seconded Rahn, all .,Axbers voting yes, it was RF'SOi1VE~ that the assesaY~e~:t ro11 be approved and certified to the County Auditor. T.ze Maycb then convened the g:iblic hp,rin regarding the appl,icatioa fcr Federal Lan~1 Company and Walter Eaglert to rezone the NEB of N£4 of Secti~r. l~~ from AGAgricultaral to C-1, LidhL Cc*~aterci al and Z-1, Light Ynci9ssLrial. The APC reco~,aended ~!e~~isl. T;~e Clerx:. t.:en read a letter from Ndr. Vernon Co11~n requas€:- ~a~g 4hat the a~:plication iae caithdraw~z a$,.d the public liear:tng be stricken, Upon mot3.ot2 dui.y zaa3e a:~d seconded that i:Y.e regaest of the property ocaner be granted an3 that the application be withurawn and the public hearing be stri~~ken. The cpA ~.i^atior of Minnesota r'ederal Savings and Loan fcr app~~ocral of the re•~is~3 s:+.te p:~~n and building permit c•~as deferred ~~ntil Cota.~c3.r.utaa '~iac2itFY appeared ai: %he ~e~ating. The Cii:Y~ A~:i-or, ey ~.ubmitted a franchise agreement f.or gas service ro I~3~ja:~: Iiii?a Qela Avd_.tzon with Minnesota Gas Company as an eYt-ansion fc~u: B<<rnsvii'!E, ITpe*_i raotioa by LJ1~.GiF1, seconded Smith, all members voti±~g in fzY~or, it was RESOi:VN:D brat the franchise be ac:Gpted and publisred wt~h m:izlor r~~is4.ons as pr_eparad ~ny il:e City A~~torney. •3- Upo*~ emotion by Rahn, seconded Smi~h, all members vuLirng i.n fa~,ror, it was RESOLVED 'chaC tha a~~pl3.cation of R~~ienhorst Corporation & Boxchext-7.ngersol?., Irc. £or pxalininary plat approval. for the Borchert Ingersoll, Inc. property in Section 12, be scheduled for public hearing on October I, 1974 at 7:00 p.m. at the City Hall., Upon motion by Smith, seconded Ra:~n, all members voting in favor, it was RL50LVED that the joint powers agreement between Ewan and Bur!:sville regarding the utilities to River Hills 9th Addition be and it hereby is approved subject to revisions as discua~ed and to be prepared by the City Attorney. Thy: application of Mrs. Janet floestacl fox renewal. oP special use permit fir a nursary school day-care center at Mount Calvary Nursery School was upcn motio:~ by Rahn, seccnded S:nith, all members voting yes, approved for ore additional year.. The City Clerk submitted aii amended contract with Ii~ID regarding the o;:.~_:~ space grar_t striking a portion of tha McCarthy Lake area from the gscant, and ttze LeMay Lake area together with the Timberline area from the HUD graxaL, Lister. motion by Rahn, seccnded Polzin, it was RE50•LVED that the amended contract be approved anu executed, The Co;zncl t:~en took up the appi.'_~,at:.on of Mi~*nesota PEderal Savi~s_ an3__. I•aan fcx approval of revised site n~.sn and buyldinti permit for its proposed building at the Southeast corner of Highway ~~13 and Rarin Road. Mr, Veigt, the ax.hiteci: agpeared together with a representative of Minnesota rederal and P•1r. Mr. Richard Strytter of D.C.R. The revised site plan indicated a service road extending fsrth~r south than the first plan about 1/3 distant South of the bank drive-ir.i t~112i toward Cedarvale Drive. The Council also reviewed the original plan and it Was noted that the.APC recommended approval of the third plan. Tt~s Council ::~embe,rs expressed an interest in providing an East-West road on the pl.a?: of the property. Mr. Stryker indicated that D.C.R.Co, would plzt the progLr~y ind;_cating sL-reats to be approved by the Council. Landscaping of tha Minna~ot3 -4- F'ec:eral a~~Aa -,~°as discussed and cen3iderable d~.scussion rPvo:E.ved wound safety pro~~le~m. a~.~d traffic cc~i~bestien froth Ra'~n Road to the servioa drive in the area of Minnesota Feciersl. Certain Council members sugg~:sted i::~at the East ~•'est road to ~.nsta.lled arsii Lhat possibly the service drive be on the East side of the grapased M~.nnesota Federal building and the drive-in teller on the West side of tt~e buildings Another scggestion was to shut-off the service drive at the :?orth..ea5t corner of the Minnesota Federal property. In adaition to reviewing eaYliar obiecticna isy the Council including the potential traffic congPStion ssraty and hazard problem that could result from a 180o right t+~xn from the sex•uica drive onto Rahn Road going North, the members discussed potential traffic co~~g~Qsti~cn fri)~ll au::omobiles turning right !prom Rahn Road o~~to the service drive Si`iaen a:l L4ut-WQst roa3 is insta? led and Lhe need to review the entire street pattern f:~r file entire parcel pursuant to the earlier City Council requirrY,or~t thEt a prelimir..rry plat of the area ba approved prior to the development aild the fact tha?~ otY.er alternative methods of traffic patterns to the Minnesota Federal site appear to to available. Pclrin moved and Rahn seconded that the a.lternat.s site plea ~~3 r~~:nning the service drive Southerly of the original p:~an together *aith t4ii?:ing peru.~it bn approved. Those voting for were Polzin and Rahn; those voting against c~exe Wa~i1ter. and Smitti. T".-.e motion died for lack of mujo~ity. Thv Police Chief also appeared ar~d reviewed the proposal an3 indicated that t'_her c,~ould be cone safety problems ti~ith tte revised site plan. T a Ma,~or tt±.es. convened the Board of Appeals an3 Ad iustaients to review the appli<.ation of T~r~r. Thatcher, 2017 Carnelian Lana, for a variar~e of a side yard se`v-'*aclr tc+ 405 neat for a building permit for a garage. The APC recommended appro•aa1. avid tn~ aeig?~boring owner consented. Upon motiorb by SiaiCh, seconded Wacht~:r, all me~tbe.rs voting in favor, it was RESOLVED that the sy~plieai;ion b~ approved. T'~~os= present at the hearing k~ere Polzin, Rah~z, Wacater, and Smit:i. -5- T'n2 Coy=.nci1 i-hen reviewed the applicaticn of W_ inn T.hs~tclaet• fcr a variance described ai~ove. Upcn ria*_ion by Rahn, sscor.,ded Smith, all members voting in favor, i~ was RESOLVED that the application for variance be approved according to the AFC and Doard of Appeals recommendations. the Council then considered proposed Ordinance ~~53 slating to tree diseases which had been continued from earlier meetings. Two revisions tc Section 53.04 and :53.05 were suggested and upon motion by Polzin, seconded Smith, all members voting yes, it ~sas RESOLVID that OrdinancA #53 be adopted and ordered published with thoso tcao revisions as discussed by the Council. The City Clerk then presented the tabulations for central services addition far the Public Works garage indicating that there were $ bids with the apparent low bidder being Eari Weikle and Sons, Inc. in the sum of $141,300.00; the second low bidder being Saxton Company in L•he sum of $161,4SE.00, Mr. Willard ~Jelkle appeared ar.3 presented a letter d4~ed September 3, 1974 requesting that the apparent law bid be withdrawn indicating an inadvertent erxor in the bid 1~Yi!;r'u~r the second page of the bid including casts estimates for a portion of the project had not been included 3n the toical bid. The City Engineer reco•~ended that the bid be ws.thd;ra~~r a~xl that the second lo~,~ bidder be awarded the project. Upon motion by 'vJachter, seconded Polzin, all mambers voting yes, it was RESOLVED that +~he xequest of the low bidder and upon the recommendat3.on of the City Engineer the*_ the apparent low bid of Earl Weikle and Sons, Inc. be permitted to withdraw their lc°a U:II.d. tJrJn motion by Wachter, seconded Smith, awl mem'u2rs voting yes, it was RFSOT.VED that the lowest responsible bidder, Saxton Company, in the sum or $1&1,45b~00 ba awarded the contract for the reasons above described. TY;e City Engineer then reviewed the preliminary reports covering Proj~ ect ~1~1 consisting of W.scott Raad from Pilot Knob Road to LexingL-on Avenue; Project ~~1~? regarding Johnny Cake Ridge Road from Cliff Road to ohs Cit;~ of Apple Val?ey -6- liffiit3 a*_~d Pro ecx ?'143 regarding Blackhawk_Road from Cliff Ro, d to Apple Valley. No acicion eras taken oti a~a~y of the projects and it was determir_ed that the improve- ments not be ordsrcd in until a r'uture time. The City Clerk then presented the bid tabulations for ProjECt 4'150 consisting of B~.ackha;•~k Hills Addition street improvements. A letter from Fischer Sand and L1g~re~ate Ccr.~paay with a low bid in the sum of $393295°00 indicating that the bidder inadvertently forgot to sign the bid was reviewed. Upon motion by Polzin, seconded Rahn, all members voting i.n favor, it was RESOLVED that the low bid cf FiscY.er, San3 and Aggregate Company be awarded for Project 4150 upon the recoux- mendaticn ci the City Engineer pursuant to the bid tabulations a copy of which is attached to the minutes. A request of Mxs. Jan Smith for a one-day 3~2 beer license foti the DFL Senatorial District Picnic for September 7, 1974 at Holland-Jense::. Park ~-ram upor.raotion by Rahn, seconded Wachter, all members voting in favor, approved. Upon motion by Wachter, seconded Polzin, it was RESOLVED that the request cf_ Autumn Develogm~rt Co. for a 60 day extension in submitting the final plat for Caaiterbury Hilly Addition be appxoved. A11 members voted yes. L'pon motion by Wachter, seconded Polzin, all members voting yea, it was REiJLVID that the sala_rtes for chaf.r ladies and computer center oaerators for future elections including primary and general elections be raised to $2.50 per hour effoct~.ve with the next primary election. ~l;e City Er!;ineer submitted prelimi:iary reports regarding River Hills 9th Addition sewer, water and storm sewer improvements consisting of Imp. Praje~t ~~7.46 and Borchert-Ingersoll, Inc e_ utility improvements consisting of Pro ec* ~~1Ss. L'pon.motion by Wach~:c~r, seconded Rahn, all rembers voting yes, it was RESOLVED that tc~e reports be ac::epted and that publ~ hearings for each be scheduled for October 1, 1974 at 7x00 p.m. at the City Hall. -7- The Clark then read a letter from the Minnesota Enviranmen*sl Qualit~r Gouncil raqueating information from the Eagan City Council and APC regarding t'_za proposed cox~trols for commercial serviced development around the zoo site. The City Clerk was requested to respond to the letter indicating that no formal ac+•ion was being taken by the Council but explaining the steps involved in the cevelopment of commercial property in the zoo area in the City of Eagan. Upon motion by Polzin, seconded Rahn, all members voting yes, it was RESCLVID that the bills according to the following schedule be ordered. pa id; ~'k252 through ~k25&; ~k495 through ~~541; ~~12982 through ~~13042. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESpLVED that the meeting adjourn. The meeting adjourned at approximately 11;45 p.m September ~ , 19?4 ~=, ~ ~'n~-~~- ~----- _g., EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTYs r1INNESO'['A HELD ON September 3 1974 Pursuant to due call atul notice thereof, a regular meeting of the City Council, of the City of Eagan, Dakota CoUnt~, Minnesota was duly held at the City Hall in said municipality on the 3rd day of September , 1974 at 6:30 o'clock P.M. The following members were present; Mayor Polzin, Councilman Smith, Rahn and Wachter and the following were absent; Rydrych The Clerk presented an affidavit showing publication of Notice of Hsaring on the proposed assessments for Imp. Project ~~107 - Wescott Hills Addition street improvements, in the f icial newspaper in accordance with a resolution heretofore adopted by the Council, ~ohich affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting was open for the consideration of objections, if any, to said proposed assessments. All persons were then given an opportunity to present oral objections, and all written objections theretofore filed with the clerk were presented and considered, and all such objections were tabulated as follows; NAME PROPERTY NATURE OF OBJECTION 1 Ma r polzin then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IMP. PROJECT ~~107 -Wescott Hills Addition street improvements, city city BE IT RESOLVED by the Council, of the ~ of Eagan, Dakota County, Minnesota, as follows: (1) Th ctlerk, with the assistance of a qualified person heretofore selected by the ~ ' T Council has calculated the amount proper and necessary to be specially assessed for Imp. Project ~k107 -Wescott Hills Addition street improvements, against every assessable lot, piece or parcel of land affected thereby upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes Annotated, Section 429, and notice has been duly published and mailed, as required by law, that this Council would meet to hear and pass upon all objections, if any, and to amend said proposed assessments as might 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 their objections, if any, to such proposed assessments ( ~x ~~ xt~c x~~h~x*. (2) This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment roll ~~* was and is specially benefitted by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land, respectively, and that such amount so set out is hereby levied against each of the respective lots, pieces, and parcels of land therein described. (3) The proposed asseS~ment roll ~~` 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 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, I9 74 , to be payable with the general taxes collectable during the year 19 75 , 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 may be, prepare and transmit to the County Auditor a certified duplicate of the assessmen•L roll, with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall there- after collect said assessments in the manner provided by law. (6} The proposed assessments heretofore made in respect of the improvement shall be and are hereby amended so as to read as shown below, and the clerk is authorized and directed to indicate the said amendments on the face of said assessment roll. NAME PROPERTY ASSESSMENT AS AMENDED The motion for the adoption of the foregoing resolution was duly seconded by Councilman Rahn and upon vote being taken thereon the following voted in favor: Mayor Polzin, Smith, Rahn and Wachter and the following voted against same: none Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) ,,, ,,:_ I, the undersigned, being the duly qualified and acting Cleric of City Witness my hand and the seal of said m this 3rd day of September , 1974 the of Eagan, DaIcota 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 a is a true and complete trans- cript of the minutes of a meeting of the Council of said municipality du~.y 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. (S E A L) ee ~_ Clerk City - 3 - EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, bAKOTA COUNTY, hIINNESOTA HELD ON September 3, 1974 Pursuant to due call and notice thereof, $ regular meeting of the .City Council, of the C~.ty of Eagan, bakoth Coitntq, Minnesota was duly held at the City Hall ~n said municipality on the 3rd day of September , 1974 at 6:34 o'clock P.M. The following members were present: Mayor Polzin, Rahn, Smith and Wachter and the following were absent: Rydrych The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Imp. Project ~k124 - Rahn Road sidewalk in the o~~~~ial newspaper in accordance with a resolution heretofore adopted by the Council, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting was open for the consideration of objections, if any, to said proposed assessments. All persons were then given an opportunity to present oral objections, and all written objections theretofore filed with the clerk were presented and considered, and all such objections were tabulated as follows: PZAM$ PROPERTY NATURE OF OBJECTION -1- Councilman Rahn then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IMP. PROJECT ~k124 - Rahn Boad sidewalk improvements. City City BE IT RESOLVED by the fide Council, of the of Eagan, Dakota County, Minnesota, as follows: (1) T erk, with the assistance of a qualified person heretofore selected by the ~~bn Council has calculated the amount proper and necessary to be specially assessed for Imp. Project ~~124 - Rahn Road sidewalks improvements, against every assessable lot, piece or parcel of land affected thereby upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes Annotated, Section 429, and notice has been duly published and mailed, as required by law, that this Council would meet to hear and pass upon all objections, if any, and to amend said proposed assessments as might 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 their objections, if any, to such proposed assessments ~ae~~~da1 aaax~x~~~x~x~ul~X~x~o~gx~~x~~~c (2) This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment roll (~esx~x was and is specially benefitted by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land, respectively, and that such amount so set nut is hereby levied against each of the respective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll (p~sx~Ema~ll~ieal~~x 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 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 74, to be payable with the general taxes collectable during the year 19 75 , 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 n City. * Strike the matter in parentheses if assessment roll was not amended. 2 (5) The Clerk, shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall there- after collect said assessments in the manner provided by law. (6) The proposed assessments heretofore made in respect of the improvement shall be and are hereby amended so as to read as shown below, and the clerk is authorized and directed to indicate the said amendments on the face of said assessment roll. NAME PROPERTY ASSESSMENT AS AME1~II3ID The motion for the adoption of the foregoing resolution was duly seconded by Councilman Smith and upon vote being taken thereon the following voted in favor: Mayor Polzin, Smith, Rahn and Wachter and the following voted against same; none Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) Cit I, the undersigned, being the duly qualified and acting Cleric of the 1q~1 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 t ,~~,,~s~ame is a true and complete trans- cript of the minutes of a meeting of the~~ Council of said municipality duly called and held on the date therein indicated, so far as the same minutes relate to the levy of assessments for an improvement of said munici- pality. Witness my hand and the seal of said `~~e this 3rd day of S aptember , 19 74 (S E A L) ~~~~~ ~~, Village Clerk - 3 - EXTRACT OF T•~IT~lUTES OF MEETING OF THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA HELD ON SEPTEMBER 3, 1974 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 3rd day of September , 1974 at 6:30 o'clock P.M. The following members were present; Mayor Polzin, Tdachter, Smith Rahn and the following were absent; Rydrych The Clerk presented an affidavit showing publication of Notice of HEaring on the proposed assessments for imp. Project ~k128-A - Silver Bell Road widening improvements, in the official newspaper in accordance with a resolution heretofore adopted by the Council, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting was open for the consideration of objections, if any, to said proposed assessments. AL1 persons were then given an opportunity to present oral objections, and all written objections theretofore filed with the clerk were presented and considered, and all such objections were tabulated as follows; NATO PROPET'.TY NATURE OF OBJECTION - 1 Mayor Q'~un Polzin then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR IMP. PROJECT ~~128-A, Silver Bell Road widening improvements. City C ity BE IT RESOLVED by the Council, of the ~i[d~e of Eagan, Dakota County, Minnesota, as follows; (1) Th ctlerk, with the assistance of a qualified person heretofore selected by the ~e Council has calculated the amount proper and necessary to be specially assessed for Imp. Project ~k128 ~, Silver Bell Road widening improvements, against every assessable lot, piece or parcel of land affected thereby upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes Annotated, Section 429, and notice has been duly published and mailed, as required by law, that this Council would meet to hear and pass upon all objections, if any, and to amend said proposed assessments as might 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 their objections, if any, to such proposed assessments ( x~ a~ ~aacls,~~ xh~e (2) This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment roll ( was and is specially benefitted by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land, respectively, and that such amount so set out is hereby levied against each of the respective lots, pieces, and parcels of land therein described. (3) The proposed assessment roll ~ 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 assessment shall be payable in equal annual installments extending over a period of 10 years, the first of said installments, toge'tber with interest on the entire assessment from the date hereof to December 31, 19 74 , to be payable with the general taxes collectable during the year 19 75 , 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 may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall there- after collect said assessments in the manner provided by law. (6) The proposed assessments heretofore made in respect of the improvement shall be and are hereby amended so as to read as shown below, and the clerk is authorized and directed to indicate the said amendments on the face of said assessment roll. NAME PROPERTY ASSESSMENT AS AMENDED The motion for the adoption of the foregoing resolution was duly seconded by Councilman Rahn and upon vote being taken thereon the following voted in favor: Mayor Polzin, Smith, Rahn and Wachter and the following voted against same: none Whereupon said resolution was declared duly passed and adopted, STATE OF MINNESOTA) ss. C0[JNTY OF DAKOTA ) C I, the undersigned, being the duly qualified and acting Cleric of the V~ 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 ~e is a true and complete trans- cript of the minutes of a meeting of the ~~ Council of said municipality duly called and held on the date therein indicated, so far as the same minutes relate to the levy of assessments for an improvement of said munici- pality. Witness my hand and the seal of said ~ this 3rd day of September 19 74 (S E A L) Clerk Czty - 3 -