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01/12/1982 - City Council SpecialMINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 12, 1982 A special meeting of the Eagan City Council was held on for January 12, 1982 at 6:30 p.m. at the Eagan City Hall concerning the continued public hearing regarding storm sewer assessments for Project #246 - Carlson Lake Outlet and Project #257 - Thomas Lake Outlet. All Council members were present. Also present were City Administrator Hedges, Public Works Director Colbert, City Consulting Engineer Rosene, Appraiser - Robert Hutchinson, Assi- stant City Attorney Brad Smith and City Attorney Hauge. The Mayor further indicated that a Court Reporter was present to report the hearing and that a cassette recorder was also being used to tape the proceeding. A copy of the transcript would be available for purchase by any interested person. Due to the fact that the Council had interviews with prospective members of the Advisory Planning Commission and the Advisory Park and Recreation Committee, commencing at 5:30 p.m., the Hearings did not begin until approxi- mately 7:00 p.m. At 7:00 p.m. Mayor Blomquist convened the continued public hearing and made a statement indicating that the first part of the reassessment hearings concerning the projects was held on December 1, 1981 and objections were received from about 50 property owners of 87 owners who were involved in the assessment appeal from the May 1980 assessment hearings. The Council closed the hearing on December 1, 1981 as to all parcels where no objections were filed and adopted the assessment rolls to those parcels. Those assessments are being certified at the Dakota County Auditor and will be added to the tax rolls. Also, on December 1, 1981 the Council continued the hearing as to the parcels where objections to the assessments were filed and scheduled the continued hearing on those parcels for January 12, 1982 at 6:30 p.m. A letter was sent to all of the approximately 50 owners with a list of the owners and general procedure to be followed during the course of the evening. City Administrator Tom Hedges indicated that Paul Hauge and Brad Smith of the City Attorney's office will be representing the City and will ask ques- tions and present exhibits for the first part of the hearing. He stated that an attempt will be made to make the hearings as brief as possible and yet complete as many hearings during the course of the evening as practical. However, it was further noted that the owners or their representatives would be given the right to ask questions or testify and further, that one objector had written a letter indicating he would not be able to be present and asked for a hearing at a later time. Mr. Hedges further stated that refunds on the 1981 payments covering the storm sewer assessments made by each of the 87 property owners would be sent to the owners within about 10 days. 1 (it -_' 1. Special Council Minutes January 12, 1982 City Attorney Paul Hauge then reviewed a statement in detail explaining the procedure for the evening, covering submission of the testimony from the City staff, including City Consulting Engineer Robert Rosene, City Public Works Director Tom Colbert and City Appraiser Robert Hutchinson. He stated that each land owner will then have an opportunity to present his or her case on that assessment and recommended the council close the hearing as to each parcel at the end of the council hearing, if there is no further testimony to be submitted on that parcel. He also indicated the record would remain open as to each parcel for the receipt of additional evidence, objections or writ- ten motions, etc. for 20 days from the close of the hearing on that parcel. Property owners were asked to mail or bring in such written information to the Eagan City Clerk. Further, any land owner may submit briefs and proposed Findings of Fact, Conclusions and Orders as to any parcel owned by him before 20 days from the close of the Hearing on that parcel; and the City also be required to submit its proposed Findings and Briefs within 20 days. The City Administrator then administered the oath to all of the City witnesses, as well as all persons present who expected to testify during the course of the Hearing. PUBLIC WORKS DIRECTOR - THOMAS COLBERT Thomas Colbert, the Eagan Public Works Director was introduced and was asked to give a project summary for Projects #246 and #257. He reviewed the dates concerning the Public Hearings, the contracts awarded, the amounts of the final costs, the dates of the Assessment Hearings, and the amounts of the assessments levied on May 6, 1980 and proposed to be levied against each of the parcels. He further reviewed the assessment policy of the City concerning the storm sewer assessments and stated that the assessments proposed to be levied relate to the rates that were in effect for storm sewer trunk improve- ments in 1978. He also used 3 transparancies explaining the Large -Lot Policy of the City. He further explained the credits given for the installation of storm sewer improvements in each of the subdivisions where such improvements were installed by the developer at the time of development of each plat. CITY CONSULTING ENGINEER - ROBERT ROSENE Mr. Rosene was then asked to give a detailed report concerning the need for the projects, the background of construction and policy of the City con- cerning storm sewer planning, including the Master Storm Sewer Plans of 1965, 1972 and 1978. 2 Special Council Minutes January 12, 1982 CITY APPRAISER - ROBERT HUTCHINSON Robert Hutchinson next testified that he had been asked by the City of Eagan to prepare investigation reports covering all of the 87 parcels that were ordered to be reassessed by the City Council and submitted a detailed report including a summary report of all 87 parcels of property. He explained that his report was prepared effective December 1, 1981 and a copy of the summary report for each property was distributed to each of the persons pre- sent during the course of the evening. He also prepared transparancies using an overhead projector, covering his entire narrative report and explained his report in detail. He stated that the purpose was not to do an exhaustive appraisal of before and after values for all the parcels, but he used a cost to cure method to determine the benefit to each of the parcels involved in the hearing. He also stated that it was his opinion that if the City did not install a storm sewer system and development occurred without any means of getting rid of the storm water, that the neighborhood would gain a reputation t of inadequate control over surface water runoff to the detriment of at least part of the area owners creating a loss in value of at least 1% up to 5% of the value of each surrounding parcel. He further stated that using these methods, the benefit for each of the parcels in the subject neighborhood would exceed the assessments being proposed and further, that if not properly cured, the properties abutting the lakes and ponding areas also may lose valuable property to encroaching waters. HEARING REGARDING SPECIFIC PARCELS The Mayor then requested that testimony be given by the Public Works Director and Mr. Hutchinson concerning the assessments for each parcel and any special benefit that may have occurred to the installation of the storm water trunks. The procedure followed the letter that was distributed to the proper- ty owners on January 6, 1982. After hearing the testimony concerning the assessments and the benefits for each parcel, the owner or his /her reprsenta- tive was then allowed an opportunity to make a statement and ask questions concerning that specific parcel of any witness. The individual hearings commenced at approximately 8:30 p.m. and the Council generally followed the list of 50 property owners attached to these Minutes, indicating name, address, parcel number, benefit and the amount of the assessment. A large number of affected property owners were present at the hearing and asked to make statements and asked questions during the course of the hearings. Speci- fic testimony was taken by a Court Reporter and by a cassette recorder and is not laid out in detail in these Minutes. Mr. Colbert, Mr. Rosene and Mr. Hutchinson were asked questions at length concerning the testimony they'd given and asked to present other information regarding the assessments and the investigative reports. A number of exhibits were submitted both by the City and by property owners, including a map of the storm sewer system in the City and a storm sewer map indicating the area being assessed within the two projects. F Special Council Minutes January 12, 1982 A letter was submitted by Mr. & Mrs. John Ahnert asking for continuance of their hearing. A letter from Mr. & Mrs. Bernard Vogen, 1271 Vildmark Drive asking to set aside the assessments was removed. Mr. & Mrs. Arnold Anton, 1366 Wilderness Run Drive were present but left before their hearing was commenced and left a written statement for consideration by the Council. A number of other property owners were present and during the course of the hearings, picked up the copies of their reports from the appraiser and asked that they be permitted to submit written statements to the Council within the next 20 days. At approximately 1:15 a.m., the witnesses completed their testimony and it was noted that approximatley 16 property owners did not appear and that Mr. & Mrs. Ahnert and Mr. Thomas A. Buckman had requested continuances. After discussion, Councilman Egan moved and Wachter seconded the motion to close each of the individual hearings on the parcels objected to on the list attached to these Minutes regarding the two projects, with the exception of the property owned by Mr. & Mrs. Ahnert and Mr. & Mrs. Buckman and to continue the hearings until the regular City Council meeting on February 16, 1982; further, that all property owners would be given the opportunity to submit written statements, motions, briefs or findings within the next 20 days to the City Clerk for review by the City Council. All members voted in favor. Councilman Smith then moved and Councilman Egan seconded the motion to con- tinue the assessment hearing regarding the parcels owned by Mr. & Mrs. John Ahnert at 4470 Oak Chase Way and Thomas A. Buckman at 1405 Waldrid Street, until the February 2, 1982 regular meeting and the staff be requested to send a letter to each of those objecting property owners indicating the opportunity to be heard. All members voted yes. ADJOURNMENT Wachter then moved, Thomas seconded the motion to adjourn the meeting at 1:20 a.m. All voted in favor. PHH O City Clerk M