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09/01/1970 - City Council RegularMINUTES OFF REGULAR MEETING OF THE BOARD OF SUPERVISORS TO[~JN OF EAG~;N, DAKOT^ COUNTY, MINNESOTA September 1, 1970 A regular meeting of the Board of Supervisors of the Town of Eagan was held at the Town hall at 7:30 P.M. on September 1, 1970 at which all members were present. Chairman Klein called the meeting to order Rnd the minutes of the previous meeting were approved as presented. Upon motion by Klein, seconded by Supervisor Uselmann, it was RE- SOLVED that a trailer permit on the Lost Spur Ranch Club property on Sibley Memorial Highway be granted for occupancy by the groundskeeper for a period of one year from the date hereof. Upon motion by Klein, seconded by Supervisor Rahn, it was RESOLVED that a temporary off-sale liquor license for the 12-B DFL Club be grant- ed for Pioneer Days only. Upon motion by Klein, seconded by Rahn, it was RESOLVED that Gary Ravlin be given permission to hold field trials on private property on County Road ~~30 provided that all gun regulations were followed, that they stay away from the adjoining property, and that notice be given to the Police Department of the day the trials are to be held. There was no Police Department, Fire Department nor Utility Depart- went business. /, member of the Park Board appeared and stated that at 7:30 P.M. on September 8th the Park Board would submit its report to the Township. Mrs. Olive Zeuli appeared with an attorney from the Butler Law firm in St. Paul requesting an interpretation of the trailer permit ordinance with regard to a trailer parked upon her property. Upon motion duly made - 1 - by Uselmann, seconded by Rahn, it was RESOLVED to grant to Mrs Zeuli a temporary trailer permit for a period of three months to December 1, 1970 within which to remove said trailer from her property, during which time the trailer would not be occupied, and for failure to so remove it a fine of $3C0.~0 per day after December I, 1970 will be imposed. Mr Sam Ciresi, 3296 Sibley, appeared on behalf of his application for building peraaiC to remodel a garage to contain an apartment in the upper story at an estimated cost of $6,000.00. Upon motion duly made by Uselmann, seconded by Rahn, it was RESOLVED that the building permit be issued upon payment of appropriate fees therefore. The Chairman convened the hearing on the application of the Timbers Company to rezone Lots 1 through L0, Block 3, Oslund Timberline Addition from R-1, Residential, to R-6, Multiple Residential for the purpose of constructing a total of 70 apartment units including 22 townhouse and 48 court units. Mr Larry Kennedy and other residents appeared in opposition to the proposed rezoning It was noted that the Planning Committee recom- mended denial. Upon motion duly made by Rahn, seconded by Uselmann, it was RESOLVED that the application for rezoning be, and the same hereby is, denied on grounds including the fact that such rezoning would constitute. spat zoning, that it would unreasonably increase the density of Timberline ?ddition, that it would create traffic problems of ingress and egress and would not constitute a proper development of Che single family resi- dential area, together with those reasons cited by the Advisory Planning Committee. The publ~.c hearing on the application of Urban Planning and Design Company to rezone Lot 1, Blvek 1 and Lots 1 through 4, Block 4, Gtescott - 2 - Garden Lots, South of Yankee Doodle Road from A, Agricultural to R-6, Multiple Residential was next convened, Otto Schmidt appearing for appli- cant. It was noted that the Advisory Planning Committee recommended approval according to a formula as outlined in the minutes of the Last Planning Committee meeting. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the rezoning be, and the same hereby is, approved contingent upon the receipt of an appropriate contribution to the Park Fund and, provided further, that construction of the multiple dwell- ing units be commenced within one year from date. The public hearing on the application of Don Christenson for pre- liminary plat approval on land East of Highway #31 near Fish Lake was then convened, Mr. Christenson appearing on behalf of his application there- fore. It was noted that the Advisory Planning Commnittee recommended approval. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED Chat the plat be, and the same hereby is, preliminarily approved subject to the approval of the Town Engineer; it was FURTHER RESOLVED to set the heaf ing to rezone the property from A, Agricultural to R-1, Residential for September 29, 1970 at 8:t~0 P.M. The public hearing concerning petition to vacate a water and sewer easement in the Bunker Hill Apartment area North of Yankee Doodle Road ctias next convened. The Town Engineer advised the Board that the Utility line had been installed in the wrong location and in order to complete the financing the property owner needed the vacation. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the petition for vacation be, and the same hereby is, duly granted and the appropriate offi- cers be authorized to execute a resolution vacating the easement. - 3 - Ronald Ryan appeared on behalf of the application of Aauenhorst Corporation for building permit for an office building for U. S. Warehouse Company on Lots 12 and the North 2 feet of Lot 13, Block 4, Eagandale Center Industrial Park The estimated size is 40,OOQ sq. ft. and esti- mated cost is $225,000. It was noted that the Advisory Planning Committee recomtaeaded approval. Upon motion duly made by IClein, seconded by Usel- mane, it was RESOLVED that the building permit be granted upon payment of the appropriate fees therefore. Mr. Ray Jones appeared on behalf of the application of Superior 400 Oil Company for a building permiC and special use permit to construct a Gulf Oil Station and Country Kitchen cafe at the intersection of Silver Bell Road and Highway ~~13. It was noted that the ~lvisory Planning Com- mittee recommended approval subject to certain conditions Upon motion duly made by Uselmann, seconded by Rahn, ft was RESOLVED that the appli- cation be, and the same hereby is, approved and the building permit and special use permits issued upon payment of the appropriate fees there- fore, subject, however, to a review by the Town Engineer of the proposed signs and the landscaping and also the compliance with all of the conditions recommended by the Advisory Planning Committee. Mr. Miller, residing on Blackhawk Road, appeared on behalf of the citizens along that road requesting speed limits on Blackhawk Road. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the Commissioner of Highways be requested to make a study of traffic and speed conditions for the purpose of setting speed restrictions on Blackhawk Road and Silver Bell Road. Mr. Miller also complained of the house which had been moved onto the - 4 - lot next to his in Blackhawk Pcres on Blackhawk Road and the issuance of a building permit therefore. Chairman Klein on behalf of the Board dir- ected the Town Attorney to write a letter to Mr. Pete Parranto, the owner, advising him to have the house completed as to construction and landscap- ing not later than December 1, 1974 or it would have to take formal action against him. The Town Board directed the Town Attorney to obtain a deed from Emil Jandric covering the ponding area adjacent to the Old Rahn Road. Upon the submission of a petition by the Property owner and upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that a public hearing on the petition to vacate a portion of Old Rahn Road be set for October 6, 1974 at 5:40 P.M. at the Town Hall. The application of B & S Trucking Company for a permit to utilize a mobile home on its' property on 8ighway #49 during a construction period was presented. Upon motion duly made by Rahn, seconded by Uaelmann, it was RESOLVED that a permit to move the mobile home onto the $ & 5 Truck- ing property on Aighway #49 be, and the same hereby is, granted for one year from September 1, 1970. The matter of the review of recommendations by the Advisory Planning Committee adopted at its meeting of Rugust 25th, 1970 was presented. No action was taken on these recommendations and the Board agreed that it would discuss them with the Advisory Planning Committee at a meeting to be held September 9, 1970 at 7:30 p.M. at the Town Hall. The matter of selecting a date for the election concerning the incor- poration of the Township was next considered. Upon motion duly made by Klein, seconded by Rahn, it was RESOLVED that the election on this question - 5 - of whether Eagan Township should go to a City Charter form of government was set for November 3, 1970 at the General Election. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that a public hear- ing be held on October 21st at the Cedar Grove Elementary School from 8:00 P.M. until 10:30 P.M. Parranto Bros., Inc. requested resetting of hearings on two applica- tions for rezoning in Section 1.27-23. Upon motion duly made by Uselmann, seconded by Rahn, it was RESOLVED that the two applications be reset for consideration at the Board meeting on September 29, 1970 at 8;00 P.M. Upon motion duly made by Rahn, seconded by Uselmann, it was RESOLVED to reschedule the Board meeting originally set for September 1Sth to September 29, 1970 due to the conflicting primary election. Upon motion duly made by Klein, seconded by Rahn, it was RESOLVED that the application by Reese/Rove Associates for preliminary plat approval for the Effress :Addition on Pilot Knob Road be set for public hearing on September 29, 1970 at 8:00 P.M. Upon motion duly made by Klein, seconded by Rahn, it was RESOLVED that the application of Parranto Bros., Inc. to rezone the West 720 feet of Block 1, Kenneth Applebaum Addition on Rahn Road from R-1 to R-2 be set for public hearing on September 29, 1970 at 8:00 P.M. The Town Engineer reviewed the proposed updating of storm sewer plans, research and water quality of ponds and lakes in the township and requested a budget for this purpose of $5,004. It was noted that action was thought to have been previously taken. Upon motion duly made by Uselmann, seconded by Mahn, it was RESOLVED that an amount not to exceed $5,000 be budgeted for the purpose of updstir,g plans and doing research - 6 - on water quality of the ponds and lakes in the Township in the event such a resolution had not already been passed. Upon motion duly made by Klein, seconded by Uselmann, it was RESOLVED that the following assessment hearings including Improvement Projects Nos. 58, 25, 29, Part 3 (a/k/a44), 39, 46, 47, and 42, be held at 7:30 Y.M. on October 1, 1970. It was noted by the Board that a portion of the Vegelpohl land near Cedar Avenue and Highway ~1~13 was not technically shown on the official Township zoning map as being zoned R-6, for the reason that at the time of submission of the original application, R-3 was the highest multiple use. Upon motion duly made by Klein, seconded by Uselmann, it was RE- SOLVED that the official Township zoning map henceforth evidence the fact that the Vogelpohl property is zoned R-6, Multiple Residential. Upon motion duly made by Uselmann, seconded by Rahn, it was RESOLVED that the installation of 200 ft. of storm sewer for incidental drainage on Eagan Avenue at County Road #26 in Country Home Heights Addition at an estimated cost of $2,000, be, and the same hereby is, duly approved and the Town Engineer authorized to effect such installation with 24 inch pipe. The matter of levying the assessment for Improvement Project 425 street improvements on Blackhawk Road was considered by the Board as to participation between the Township at large and the abutting property owners benefiting from the project. Upon motion duly made by Uselmann, seconded by Klein, it was RE50LVBD that the fallowing percentages of cost be allocated for assessment purposes in the following manner: - 7 - PROJECT PART TOTgTN5HIP ABUTTING OWNERS Part 1 37% 63% Part 2 42% 58% Part 3 0% 100% Chairman Klein stated for the record that the Board had met with the Town Accountant at 6:30 P.M. prior to the commencement of the regular Board meeting this date at which time certain matters were discussed and certain action taken which he felt should be included in the minutes of the Board meeting as follows: Upon motion duly made by Klein, seconded by Rahn, it was RESOLVED that the Town Accountant be, and he hereby is, authorized and directed to set up a special improvement project information compilation on a permanent record type basis on all improvement projects. The estimated cost of such work was estimated to be $1,000 and the accountant was directed to ~-,pxk with the Town Engineer and Town Attorney in preparing such a compila- tion. The Board also was advised by the accountant that resolutions in the future on bond issues should be flexible enough under law to permit the transfer of funds from one bond fund to another and the Town Attorney was directed to specifically be aware of this in future bond issues. Upon motion by Rahn, seconded by Uselmann, it was RESOLVED that Lorna Olson's salary be raised to $475.00 per month effective September 1, 1970. Upon motion made and seconded, all bills were ordered paid and approved and presented. There being no further business, upon motion, the meeting wac adjourned. Dated: September 1, 1970 ,¢ t~,~ ,fir El .IG.:~ ^'L.~' - 8 - own Clerk _._.__..._