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12/02/1969 - City Council RegularMINUTES OF ~ REGULF.R MEETITIG OF THE EOARD OF SUPERVISORS OF THE TOWN OF EAGP.N, DAKOTA COUNTY, MINNESOTA December 2, 1969 A regular meeting of tt~e Berard of Supervisors of the Town of Eagan, Dakata County, Minnesota was held on December 2, 1969 at x:00 P.M. at the Town Hall at which all members were present. Chairman Klein presided. Upon motion duly made and seconded, it was RESOLVED that the minutes of the previous meeting be approved as presented and the reading thereof waived. Mr. Bill Schultz, Eagan Fire Chief, appeared on behalf of the Fire Department and requested that the balance of the annual budget for fire prevention purposes be turned over by the Board to the Fire Department.. Upon motion duly made by Klein, seconded by Rahn, it was RESOLVED that the Clerk and Treasurer forthwith pay over the sum of $6,52.00 representing the balance of the 1969-70 budget for fire purposes to the Fire Department. There was no Police Department business nor Utilities Department business. Upon motion duly made by Klein, seconded by Rahn, it was RESOLVED that Craig Langerude, John Qualley and Bruce Sahli be hired to operate the warming house and skating rink in the Cedar Grove area during the current winters2ason. Chairman Klein then convened the assessment hearing regarding proposed assessments for sanitary sewer and water services in that part of the SEA of the NE'-~s of Section 3-27-23 lying and being situated outside of Eagandale Center Industrial Park. Upon motion duly made by I:lein, seconded by Uselmann, aye Rahn, it was RESOLVED that the cost of the improvements be spread by assessment over the area to be serviced as described in the Notice of Assessment Hearing and that the assessment be adopted and certified according to law. -1- Mr. Hohenstein appeared on behalf of his joint application with Rauenhorst Development Corporation for a building permit and site plan approval for the construction of Hohenstein Delivery Company building on Lots 6, 7, 8, and 9, Bloc]: 3, Eagandale No. 3. It was noted that this matter had been Continued from the November 18th meeting. Upon motion duly raade by Chairman Klein, seconded by Uselmann, it was RESOLVED that the site plan be, and the same hereby be approved and the building permit be ordered issued, subject to the cooperation by applicant in the future as to suitable, reasonable screening of the trucking firm°s operations, if requested by the Board of Supervisors. the application of Inland Construction Company to rezone part of the SW~x of Section 22-27=23 from A, Agricultural to R-6, Multiple Residental, being the Sommer property, was presented for the setting of a public hearing. It was noted that the APC recommended d~3.a1 4f the application. Chairman Klein thereupon permitted the applicant to make a brief presentation for information purposes. Upvn motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the public hearing be set for January 6, 1970 at 8:00 P.M. and that the Clerk publish legal notice according to law. Mr. James Icelley appeared on behalf of the application of Bachman° s Inc. for a building permit to construct a nursery building on Block 1, Lot 5, Sibley Terminal Industrial Park. It was noted that the APC had recommended approval. 'I'h,e building was estimated at 6,000 squaw feet, at a cost of $131,000 including greenhouse and addition. Upon motion duly made by Klein, seconded by Rahn, it was RESOLVED that the building permit be issued subject to the approval of plans and specifications by the Town Engineer if the proposal for the construction were to be changed from the proposed steel construction to block construction. ` The application of Cedar Grove Construction Company for approval of the final plat :for Cedar Grove No. 8 was next presented. It was noted that the AFC -2- ;via'.."t)ihf -,.i 1,~~% recemmended approval. Upon motion duly made by Klein, secoatlded by Rahn, it was RESOLVED that the Cedar Grove No. 8 plat be and the same hereby is, approved, subject to assessments agreed upon and as provided by the Board at an earlier meting, Three applications of Rauenhorst Development Corporation for building permits were presented. The first application was for Weismantel Associates, Inc. for the construction of a building for the manufacture of electroAic computers and components, 40° x 210° at an estimated cost of $620,000. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the building permit ~plicata.an be, and the same hereby is, duly approved and the Clerk ordered to issue the building permit upon payment of the appropriate fees therefore, subject to notification to the clerk of the exact building site. The second application was by Expressway Properties, Inc., formerly Rauenhoxst Development Corporation for two buildings, an office and warehouse, 40' x 320' and 128' x 46' at a total estimated cost of $20,000. Upon motion duly made by Klein, seconded by Rahn, it was RESOLVED that the building permit applications be, and the same hereby are, duly approved and the Clerl: ordered to issue the permits upon the payment of apprapriate fees therefore, subject to the approval of the Town Engineer of the plans and specifications therefore. The third application ty Expressway Properties, Inc. for a building 200° x 450' at an estimated cost of $450~OOGWas next presented, Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the application for building permit be and the same hereby is duly approved and the permit issued subject to the approval of the Town Engineer of th@~ plans and specifications therefore. Mr. George Bohlig, owner, appeaxed on behalf of the application for preliminary plat approval of Blackhawk Hills Addition. Upon motion duly made and seconded, it was RESOLVED that the applicatio~a for preliminary plat approval of BlacY.hawk Hills Addition be, and the same hereby is, approved; it was -3- / L~- ~ FURTHER RESOLVED that the preliminary plat be approved subject to the agreement by the owners to dedicate not less then 9.3 acres around the pond in the Northerly Outlot for park purposes upon submission of any further plat approval for that outlot area. Mr. and Mrs. Edward Schwarz appeared on behalf of their proposed division of property in Section 25-27-23. There was a discussion about the fact that nv formal plat was proposed and that homesites of 5 acres or more had been sold in the division and that the road was a private road and not dedicated. Chairman Klein referred the matter for consultation with the Town Engineer. No formal action was taken. Mr. Roger Heid appeared on behalf of the application of Western Concrete Products Corp. to construct a Ready-Mix Concrete plant at 3642 Dodd Road on a 1-acre parcel of ground. It was noted that the APC recommended approval. Upon motion duly made by Rahn, seconded by Uselmann, it was RESOLVED that a special use permit for the operation pf a Ready-Mix Concrete Plant be, and the same hereby is, duly approved; and FURTHER RESOLVED that a building permit be issued for the construction of a building, 40' x 60', at an estimated cost of $20,000 to house the processing operation, which special use permit, however, shall be, and hereby is, issued upon an annual basis and renewable in the discretion of the Board upon a showing by applicant that he has conformed with all rules and regulations as provided by the Township and has not violated any ordinance thereof. Mr. Robert Linsmayer, President of Villaume Box and Lumber Company appeared on behalf of his company's application for a building permit for Plant No. 2 to be situated on Lot 5 of Eagandale No. 2. It was noted that the APC recommended approval. The buiidingpexmit applied for is of the size 240° x 240° at an estimated cost of $200,.000. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the applicata.on for building permit be, and the same hereby is, duly approved, the the Clerk ordered to issue such permit subject, -4- however, to the approval by the Town Engineer of all plans and specifications therefore. The application of Lawrence G. Popplar for a replat of certain lots in Country Home Heights was tabled for lack of appearance and was ordered set for hearing before the Board of Supervisors on January 6, 1970. Mr. David Medin, a~hitect, appeared on behalf of the application of Lone Oak Lutheran Church for a building permit for the foundation of certain proposed buildings on the Church property at the intersection of Highways #49 and #55. It was noted that the APC recommended approval subject to arsngements with the applicant for utility easements which are contemplated over and through the Church property. Zhe total cost of the final building was estimated at $200,000 including the foundations. Upon motion duly made by Rahn, seconded by Uselmann, it was RESOLVED that the appLiCation for a building permit be, and the same hereby is, duly appxoved; the clerk ordered to issue the building permit for the entire building construction subject to the approval of the Town Engineer as to plans and specifications and as to easements for water and sewer in the future in which the cooperation of the applicant would be assumed. Mr. Don Christenson appeared on behalf of the application for a building permit for a TV sales and service building in Cedarvale Shopping Center. A dicsussion was had concerning the fact that available water from Cedar Grove Utilities Company was lacking in size for the extension and that previous meetings had reflected that no further building permits would be granted in ±:he area until some aaangement was made between Cedar Grove Utilities Co. and the Township for combined utilization of systems for the service to the area. Upon motion duly made by Klein, seconded by Rahn, it was RESOLVED that the building permit for the applicant be granted subject to approval by the Town Engineer of all plans and specifications, provided that the developer, the DCR Corporation, be notified by the Town Engineer that they would have to install a loop water main immediately to to provide service to the applicant in accordance with the Town Engineer°s plans and specifications therefore, .and it was FURTHER RESOLVED that the Town Engineer advise the DCR Corporation imhiediately that henceforth there would be no more building permits issued for the Cedary-ale Shopping Center area until said water system is hooked into the Township's system which shall be accomplished on or before April 1, 1970 because of the ooer taxing of the Cedar Grove Utilities Com- pany' s system. A proposed Curfew Ordinance was presented by the Town Attorney which had been approved by the Chief of Police and the Town Attorney's office. Upon motion duly made by Uselmann, seconded by Rahn, it was RESOLVED that said proposed ordinance be, and the same hereby is, duly approved and the Town Attorney ordered to draft same in fiha~l form and publish according to law. The Blackhawk Road Notice of 'Vacation and Resolution was presented to the Board for execution which was accomplished. The Town Engineer then presented the tabulation of bids for water main extensions to the B-E-B treatment plant, which bids had been received at 3:00 P.M. an December 2, 1969 at the Town Hall, as follows: Austin P. Keller Construction $16,381.80 Forrest L. Peterson Excavating $19,150..53 Erwin Montgomery Co. $19,490.00 Hoffman Bros., Inc. $20,086.17 Peter Lametti Construction $21,163.45 Bianconi Construction $26,621.50 Chas, Lovejoy Co. $26,817.50 Associated Contracting $29,750.00 Dyson Corp. $34,959.00 He reciCedthat the Austin P. ICell~r Construction Company had presented the low bid in the sum of $16,381.80 which he recommended be accepted. Upon motion duly made by Klein, seconded by Rahn, it was RESOLVED that the bid of Austin P. Kell~~r.~onstructi on Company in the sum of $16,381.80 be, and the same hereby is, dulyproved and accepted and the bid awarded to said company in accordance with its bdd proposal. -6- Mr. Joe Harrison, Chairman of the Park Board appeared on behalf of a proposed press rel~ASe with tecommendations from the Park Board for proposed park sites in Eaga1~ Township. No formal action was taken but the press releases were informally col~sidered and it was designated that a Park Committee meeting be held on December 9th at 7:00 P.M. at the Town Hall at which recommendations of the Park Board and the proposed press releases would be approved for publication. Chairman Klein read a letter from the Capital City Suburban Fire Fighters who had presented an invitation to the Board of Supervisors to attend a meeting on January 14, 1970 with the request that Chairman Klein be present to give the welcoming address, which Chairman Klein acknowledged he would do. Upon motion duly made by Chairman Klein, seconded by Uselmann, it was RESOLVED that the Fire Department be, and'herebp is duly authorized and empowered to sell the snow plow off the fire truck with the proceeds thereof to be retained in the Fire Department Fund. Mr. John Olson, representing Northern Natural Gas Company appeared on behalf of its application for approval of construction of away station for power submission to the new Blue Cross commercial complex. It was noted that na formal application had besin filed or at Least that was available to the Board at that time. However, Mr. Olson represented that the needs of the corporation to service the new commercial complex of Blue Cross required that immediate action be taken. Upon motion duly made by Uselmann, seconded by Rahn, it was RESOLVED that a building permit be, and the-same hereby is, authorized and ordered issued for a building 7° x 18' at an estimated cost of $x,500 subject to the approval of the Town EngirE~sg of the plays and speeificatians thereof; and further subject to the submis~~QH of an appropriate application fo~'bu~.ldi~tg permit and the acquis~.tion of appropriate easements by applicant thetefore to- gether with screening and landscaping of the proposed building and site sd as to conform with all ordinances a~ screen all nearby residences from any unsightly accouterments to the construction. Upon motion duly made by Uselmann, seconded by Rahn, it was RESOLVED that the Board minutes of November 4, 1969, be, and the same hereby are, amended to reflect that the hearing date as set for November 25, 1969 for an assessment hearing on the watex and sewer improvements in the SEAS of the NEB of Section 23, be changed to a public hearing date of December 2, 1969 at 8:00 P.M. at the Town Hall. Upon motion duly made and seconded, all bills were ordered paid as x~resented. Upon motion duly made and seconded the meeting was adjourned. Dated: December 2, 1969. (~~- C1 k~r.Le' -8- EXTRACT OF MINUTES OF MEETING OF THE BOARD OF SUPERVISORS EAGAN TOTINSHIP, DAKOTA COUNTY, MINNESOTA F,ELD ON DECEMBER 2 1969 Pursuant to due call and notice thereof, a regular meeting of the Board of Supervisors of Eagan Township, Dakota County, Minnesota was duly held at the town hall in said municipality on the 2nd day of December , 19 69at 8:00 o'clock P.1i. The following members were present: All members and the following were absent: None The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for Sewer and Water Improvement in that part of 1the SE's of the NE4 of Section 3, Township 27, Range 23 lying outside of Ea~n~'uaEria~~'ark in the official newspaper in accordance with a resolution heretofore ad p ec~ by the Board of Supervisors, which affidavit was examined, found satisfactory, and ordered placed on file. The Chairman 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 None - 1 - Supervisor Klein then introduced the following resolution and moved its adoption: RESOLUTION I~UPTING AND CONFIRMING ASSESSMENTS FOR SEWER AND WATER IMPROVEMENTS in that part of the SE4 of the NE4 of Section 3, T27, R23, lying outside of Eagandale Center Industrial Park BE IT RESaLVED by the Board of Supervisors of Eagan Township, Dakota County, Minnesota, as follows: (1) The clerk, ~ti~ith the assistance of a qualified person heretofore selected by the Board of Supervisors has calculated the amount proper and necessary to be specially assessed for sewer and water 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 Board 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 (and said proposed assessment has been amended as to certain parcels of land, by resolution duly adopted this date)*. (2) This Board, 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 (as so amended)* ~,ras 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 (a~Xd~~ is hereby adopted and confirmed as the proper special assessment for each of said lots, pieces and parcels of land respectively, aad the assessment against each parcel, together with interest at the rate of 8 % per anntma 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 years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 19 69, to be payable with the general taxes collectable during the year 19,70, and one of each of the remaining installments, together with one year's interest on that aad 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 aay at any time pay the whole of such assessment with interest accrued to the date of payment to the Treasurer of the Town. * 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 thereafter 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 clerl: is authorized and directed to indicate the said amendments on the face of said assessment roll. NAi~E PROPERTY ASSESSb1ENT ~;S F;M'j:?"~IJ None The motion for the adoption of the foregoing resolution was duly seconded by Supervisor Uselmann and upon vote being taken thereon the following voted in favor Supervisor Rahn and the following voted 4gainst same: None i~hereupon said resolution was declared duly passed and adopted. STATE OF PIINNESOTA) ss. COUNTY OF DAICOTA ) I, the undersigned, being the duly qualified and acting clerk of the Tocan 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 same is a true and complete transcript of the minutes of a meeting of the Board of Supervisors 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 municipality. LJitness my hand and the seal of said Town this 2nd day of December, 1969 (S EAL) Clerl: - 3 - STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) CERTIFICATE OF EAGAN CLERK AS TO F.SSESSMENT ROLL I, the undersigned, being the duly qualified and acting Clerk of the Town of Eagan, Dakota County, Minnesota DO HEREBY CERTIFY that attached hereto is a true and correct copy of the assessment roll for Sewer and Water Improvements in that part of the SE4 of the NE4 of Section 3, Township 27N Range 23W lying outsid a of Eagandale Center Industrial Park for the Town of Eagan and that said assessment roll was prepared by me and with the assistance of the qualified person selected by the Board of Supervisors w€s submitted to and ordered filed by said Board at a meeting thereof held on December 2 1;~i9, and at all times thereafter was on file and open to public inspection in my office until the assessment therein was (amended) adopted and confirmed by a resolution of said Board at a meeting held on December 2, 1969. WITNESS my hand and the seal of said awn of Eagan this '.2tut day of December, 1969. (S E A L) ~G c~ Clerk