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04/01/1969 - City Council Regular MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS EAGAN TOWNSHIP, DAKOTA COUNTY, MINNESOTA April I, 1969 A regular meeting of the Eagan Township Board of Supervisors was held at 7:30 o'clock p. m. on April I, 1969 at the town hall with all members present. The Chairman first announced that Mr. James Olson, the fiscal consultant would make a presentation concerning the proposed sale of $450,000 1969 Utility Bonds. After discussion and upon motion by Suprevisor Rahn, seconded by Supervisor Uselmann, aye Klein, it was RESOLVED that the sale of bonds be advertised in the legal newspaper and further that the resolution providing for the issuance and sale of bonds be, and hereby is, adopted and that the bonds be accepted and opened on April 21, 1969 at 7:30 p. m. at the town hall. The Chairman then announced the convening of the assessment hearing concerning sanitary sewer, water and storm sewer services in Cedar Grove No. 6 and further the simultaneous convening of the assessment hearing concerning storm sewer assessment in a portion of Cedar Grove No. S. The town attorney reviewed the proposed assessments and property owners in the area presented questions concerning the assessments. There were no written or oral objections to the assessment rolls. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, aye Klein it was RESOLVED that the hearing be closed; upon further motion by Chairman Klein, seconded by Supervisor Uselmann, aye Rahn, it was RESOLVED that the assessment rolls as prepared be, and hereby are, confirmed and that the clerk be directed to certify the assessment rolls to the County Auditor together with the interest rate specifle according to 18\01, upon expiration of the 30 day statutory period for payment of the assessments in full. The Board further requested that a statement be sent to Cedar Grove Construction Company and the property owners to explain fully the procedure for payment within the 30 day period. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the minutes of the previous meeting were approved as mailed. Fire Chief Schultz and Assistant Chief Adam appeared and discussed the proposed radio communication system. A later meeting with the Board was scheduled. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the building permit for a 15' x 18' addit~on $825, to a garage be granted to Larry Daudt, 3135 Garnet Drive, with the understanding that it not be used for business purposes. Mr. Donald Waalan appeared on behalf of Cedar Grove Construction Company's application requesting a variance on the corner lot set back for Lot 4, Block 3, Cedar Grove No. S. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the application be granted. Representatives of Dakota County Electric Co-op appeared on behalf of request of the Board relative to proposed electrical franchises for NSP although notice had been sent by the Board. The matter was continued until April 8, 1969, at 9:00 o'clock p. m. and each company will be notified by certified mail of such meeting. Mr. Jean Parranto and a representative of Skelly Oil Company appeared on behalf of the application of Skelly Oil Company for a building permit and special use permit for filling station near Highway #13 and Beau d'Rue Drive. Various neighbors appeared opposing the application. A revised plan for the building was shown. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the matter be continued to May 6, 1969 so that the town engineer could present a proposed road layout of Beau d' Rue Drive to Highway #13 and for further consideration of the matter. - 2 - It was noted that the J & K Company requested a continuance in its application for multiple residential building permit on the Robert Karatz Addition near Yankee Doodle Road. The developer will notify the township when he wants to replace the matter on the agenda. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the public hearing concerning the application of Perkegwin Investment Company to rezone from A, Agricultural to R-6 Multiple Residential part of Section 14 on Lexington Avenue for recreational and golf course purposes be set for April 15, 1969 at 8:00 p.m. at the town hall. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the public hearing cGncerning the application of Kenneth Applebaum on behalf of J & K Company for preliminary plat approval for property in the SW l/4 of Section 20, be, and hereby is, set for April 21, 1969 at 8:00 p. m. at the town hall. The application of T. A. Ke 1m, Montgomery, Minnesota for special use permit for filling station in the NW 1/4 of the NW 1/4 of Section 22 along Highway #35-E was next considered. It was noted that Advisory Planning Committee recommended denial. Upon motion by Chairman Klein, seconded by Supervisor Uselmann it was RESOLVED that said application be, and hereby is, denied for the same reason given by the Planning Coumittee. The application of MCKee Warehouse Company for building permit for an addition to the Raymer Hardware Company building on Lexington Avenue consisting of 54,000 square feet was next considered. Upon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that said application be, and hereby is, approved, subject to final approval by the town engineer as to plans and specifications and to an accurate computation as to valuation of the building. JJ - 3 - Mr. Larry Milliman appeared on behalf of his application for a building permit for a beauty salon on Cedar Avenue in Section 19. The Planning Committee recommended approval. Upon motion by Supervisor Rahn, seconded by Chairman Klein it was RESOLVED that said building permit application be, and hereby is, approved. Upon motion by Chairman Klein, seconded by Supervisor Rahn, aye UseLmann, it was RESOLVED that the plans and specifications for the improvement of Rahn Road south of County Road #30 and also for the improvements on Beau d'Rue Drive between Old Rahn Road and New Rahn Road be, and hereby are, approved and accepted and thllt the letting and opening of bids for said road improvement be rescheduled to April 24th, 1969 at 3:00 p. m. at the town hall; and FURTHER RESOLVED that the clerk be authorized to accept and open bids and refer them to the town engineer for tabulation at that ttme for the contract to be awarded at the next regular meeting. The town attorney presented contracts covering Improvement Project No. 28 and ImProvement Project No. 31 with the respective contractors. Upon motion by Chairman Klein, seconded by Supervisor Rahn, aye Uselmann, it was RESOLVED that the contracts be, and hereby are, approved and that the clerk and chairman be authorized to execute the contracts. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, aye Klein, it was RESOLVED that bids for street surfacing improvements for Project #14 consisting of Timberline Addition and Valley View Plateau Addition street improvements be advertised and that bids be received and opened on April 15, 1969 at 8:00 p. m. at the town hall. The engineer reviewed a meeting with the Dakota County Engineer and the Eagan Sealty Company concerning Yankee Dood le Road improvements near the Gopher Smelting Company. He further presented a proposed agreement covering the acquisition of the well site by Eagan from Eagan Realty Company and the - 4 - lowering of gas lines under Yankee Doodle Road. Upon motion by Chairman Klein, secomed by Supervisor Rahn, aye Uselmann, it was RESOLVED that said Agreeceat. be, ~od: herebY iP. approved. inclvdins the dedication of approEimate ly 3.2 acres by Eagan Realty to the township for well purposes within 60 days of the execution of the agreement and further subject to no additional changes in the agreement. The town engineer reviewed a proposed application for federal grant for utility purposes which would require that contracts be let by May 19, 1969. After discussion and upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, aye Klein, it was RESOLVED that the town engineer be, and hereby is, authorized to prepare a written report advising the Board in a preliminary way as to the west trunk sanitary sewer from the end of the construction in Section 20 to a point on the Rahn Road at approximately the west 1/4 corner of Section 29 is feasible and to prepare a preliminary cost estimate on the project. Upon motion by Supervisor Rahn, secot1ded by Supervisor Uselmann, aye Klein it was RESOLVED that the town engineer prepare a feasibility study concerning trunk storm sewer services in the same general location as in the foregoing resolution and that a publiC hearing be scheduled for May 6, 1969 at 7:30 p. m. at the town hall; FURTHER RESOLVED that the town engineer be, and hereby is, authorized to prepare plans at1d specifications for said trunk storm sewer services in said area. Upon motion by Chairman Klein, secomed by Supervisor Rahn, it was RESOLVED that the town engineer be, and hereby is, authorized to prepare a revised master plan for sanitary sewer and water services in the entire township. Upon motion made and seconded it was RESOLVED that the application of Skelly Oil Company for a sign permit at the Skelly Station at Cedar Avenue and Highway #30 was continued until the next meeting. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, aye Klein, it was RESOLVED that the clerk be authorized to advertise for a building inspector to be interviewed by the Board and to be hired on a part- time basis. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the bills as presented be paid. Upon motion by Supervisor Rahn, seconded by Supervisor Klein, it was RESOLVED that the petition of Metro U. S. Corporatinn for sanitary sewer and water services on its property along Highway #13 be, and hereby is, accepted and referred to the town engineer for study to be submitted to the Board. Opon motion by Chairman Klein, seconded by Supervisor Rahn, it was RESOLVED that the following 3.2 beer permits be issued: West End Hunting Club - on and off sale Brooks Superette - off sale Spruce MOtel - off sale Upon motion by Chairman &lein, seconded by Supervisor Rahn, it was RESOLVED that the town be, and hereby is, authorized to post JS mph .peed sips on Blackhawk Road if permissible according to law.. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Rahn it was RESOLVED that Dakota County be requested to place a stop sign at the Eagandale Industrial Road and County Road 13l. Upon motion by Chairman Klein, seconded by Supervisor Rahn, aye Uselmann, it was RESOLVED that the town engineer be, and hereby is, authorized to prepare preliminary report of feasibility study concerning street UDprove- ments and water main improvements on the Multi Kleen property in Sections 8 and l7 west of Highway #13. Upon moticm John Klein was pppointed Chairman for the coming year. Upon motion the meeting adjourned. ~ ~ // ~ Clerkd -L/ '-- - 6 - EXTRACT OF MINUTES OF MEETING OF THE BOARD OF SUPERVISORS EAGAN TOUNSHIP, DAKOTA COUNTY, ~UNNESOTA HELD ON April 1, 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 1st day of April , 1969 at 7:30 o'clock P.M. The following members were present: John Klein, Arthur Rahn, Paul Uselmann, Jr. and the following were absent: None The Clerk presented an affidavit showing publication of Notice of Hearing on the proposed assessments for sanitary sewer, water and storm sewer services in Cedar Grove No.' 6 and for storm sewer improvements in a portiah of Cedar Grove No. 5 in the official newspaper in accordance with a resolution heretofore adopted 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 No Objections. - 1 - Supervisor Rahn adoption: then introduced the following resolution and moved its RESOLUTION in OPTING AND CONFIRMING ASSESSI1ENTS FOR BE IT RESOLVED by the Board of Supervisors of Eagan Township, Dakota County, Minnesota, as follows: (I) The clerk, with 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 sanitary sewer, water and storm sewer services in Cedar Grove No.' 6 and for storm sewer improvements in a portion of Cedar Grove No. 5 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 (XiI ~ ~ )*. (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 (~.~* 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 propoDed 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 6 % per annum accruing on the full amount thereoi 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 20 years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1969, to be payable with the general taxes collectable during the year 1910, 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 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 clerk is authorized and directed to indicate the said amendments on the face of said assessment roll. NliJYm PROPERTY ASSESSMENT AS ,AMENDED No amendments 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 John Klein, Arthur Rahn, and Paul Uselmann, Jr. and the following voted egainst same: None Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ) SSe COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting clerk of the Town 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. Witness my hand and the seal of said Town this day of April, 1969 (8 E A L) ~~< ~ Clerk - 3 - STATE OF MINNESOTA) ) SSe COUNTY OF DAKOTA ) CERTIFICATE OF EAGAN CLERK AS TO ASSESSMENT 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 sanitary sewer, water and storm sewer services in Cedar Grove No. 6 and for storm sewer improvements in a portion of Cedar Grove No. 5 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 was submitted to and ordered filed by said Board at 8 meeting thereof held on April 1, 19>9, and at all times thereafter was on file and open to public inspection in ~ office until the assessment therein was (amended) adopted and confirmed by a resolution of said Board at a meeting held on April 1, 1969. WITNESS ~ hand and the seal of said ~wn of Eagan this day of April, 1969 (S E A L) f2L;~ fl.~-1~ Clerk