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05/06/1969 - City Council Regular MU1UTES OF A PJyml..AR MEETING OF THE BOARD OF SUPERVISORS EAGAN T(J;.j':JSHIP J DAf~TA COUNTY J MINNESOTA Nay 6, 1969 A regular meeting of the Board of Supervisors of E~w,:u'. Township, Dakota County, Minnesota, was held at the Town Hall en May 6, 1969 with all members present. The meeting convened ~L 6:6.5 P.M. Hr. Bill Branch of the utility depart1l1ent indicated tL.3l: ~( ~as nacessary to acquire or rent a street sweeper to be used I particularly in the Cedar Grove area. He indicated that he hp.~ shopped around for a sweeper and found a used ~eeper at Hayd~n~ Murphy in Bloomington with 8 purchase price of $1,975.00 or $2,400.00 reconditioned. It was also noted that in lieu of pur- chase, rental 1s $400.00 per week. Mr. Branch was requested to consult with Hayden Murphy concerning the possibility of rentin& the sweeper for one week and that the rental be applied to the purchase price. At 7: 1S P.M. the Board met with three insurance agents COh' earning hospitalization coverage for municiple employees as f~~j~~~. Mid-~~rlca - Erv Helmken; Guardian Life Insurance Company - Don Knight; and Hartford Insurance Company - Mr. Haun. At 7:30 P.M. the Chairman announced the convening of the public hearing concerning trunk sewer services in an area covering Sections 20 and 29 and other adjacent areas consisting of I~prove- ment Project No. 35. The Town Engineer made a presentation con- cerning the proposal. Numerous property owners in the 8r~n indicated that they felt the timing was premature a8 to t~~ southerly portion of the area and note~ certain objectior.s~ The Chairman ann~unced the closing of the hearing at 8:30 P.M. Fpot'. 1l1.~tion rl'.Jly mad~ by UselmAnn and seconded by Klein it was RE~OLVTm that the following improvements which are part of Project No. 3S be and hereby are ordered and the Town Enginee~ :1irected to prepare plans and specifications as follows plIl"SUant ti:l the prel1mlnary report dated April 21~ 1969: Part A, Secti.ou .i.. ancl Section 2. The minutes of the last meeting were approved as mailed. The followlng building permit applications were Gubmtttedt 1. Don Griffiths request for residental building perICH .:F.'" variance from the platting requirement in proposed Blackhnwk Rills Addition, Lot 10, Block 1. Upon motion by Klein and seconded by Uselmann it was RESOLVED that the variance and the building permit be granted w1:n the understanding that the lot dimensions on the proposed plat be firm and that the owner join in the final plat. 2. Dale Perron, residental building permit on S acre parcEl on Highway #31 in the swt of Section 27~ $20,000.00, 48 x 30 ft. U~on motion by Klein, seconded by Uselmann the permit was granted. 3. Ed Llnkert, tral1er permit, 3660 Dodd Roan, one year basis. Upon motion by Klein~ seconded by Rahn, the permit was granted. 4. Mr. Groven, garage 24 x 28 ft., $1,600.00, on Silver Bell Road. Upon DI.Otlon by Klein, seconded by Rahn it was RESOLVED that It be ordered approved subject to its proper l~cation designated to the Town Clerk. 5. Kenneth Applebaum, two ape~tment,buildings consi~ttng of 120 ~1:.lits in Robert Karatz Addition, which include. one car -2- garage per unit. ~pon motion by Klein. seconded by Rahn it ~1as RESOLVED that the building permit application be approved s~~jer~ to the Town Engineer's final approval of the pl~~~. 6. Building permit for the remodeling of Valley National Bank, Highway #13, consisting of interlor remodeling, $51;000.('')" 7. Martin De Lauriers, pole barn, 30 x 80 ft., $4,800.00. Upon motion by Klein, seconded by Rahn, the last two permits were ordered approved. 11r. Blll Schultz appeared on behalf of the Fire Department and presented a proposed mutual aid agreement with Apple Val1~y. Upon motion by Klein, seconded by Usebmsnn it was RESOLVED that the Town enter into said mutual aid agreement. The Town Engineer indicated that the low bidder on Rahn Road and Beau d'Rue Road Improvl'!ment Project 127 was Solberg Construction Company, inthe sum of $29,346.60. Upon motion by Rahn, seconded b} Uselmann, aye Klein it Was RESOLVED tbat said contract be approved. The low bidder on Project No. 14-B was Riegger Roadways, Inc. in the sum of $15,285.00. 'Upon motion by Vaalmann, seconckd by Rahn, aye Klein, it was RESOLVED that sald low bid be approved aDd contract be let. The public hearing concerning the application of Don Gustafson for trailer coach park permit and to rezone from Agricultural to 1-1, Light Industrial the South half of the SW~ of Sectlon 13, except Barringer's First Addition, was next presented. It was noted that the applicant had submitted a fot'1l'lsl written proposal which had been amended tdth addiUor.fll -3- information ~nd f\1~ther that the Board has discussed numerous ~equiremens for maintenance and upkeep of the area in the event the application is approved. It was also noted that one objecting neighboring property owner, Mr. {y~inski, continueri to object to the proposal but in the event of approval in~tcatr~ that an option agreement had been entered into for the purchase of the property ot~ed by Mr. S~nski by the developers of the trailer park. After considerable discussion, upon motion by Uselmann, seconded by Rahn, Aye Klein, it waS RESOLVED that the application for trailer park permit and for rezoning from Agricultural to 1-1 Light Industrial, be and hereby is approve1 subject to the following: 1. Compliance with all ordinances and regulations of the Township concerning zoning, building permits, trailer coach parks, etc. 2. Conformance with statements of the developer during ti,~ course of the hearing concerning use and developmaDt of the property. . 3. Subject to the latest written proposals and memoranda submitted by the developer concerning the development. 4. That no development proceed in the area until sanitary sewer and water utilities have be~ provided for. 5. Written indication to the Board of Supervisors that the agreement between Mr. Syzminski and the developer be completed. 6. That the property be used for trailer park purpos~?- only. -4- 7. Tnat the development he subject to s~ilar use by subsequent owners under the same conditions as those imposed on the applica nt. 8. Subject to review and approval by the Town Board of the resolution granting the application. Mrs. S. D. Quist and Mr. Jean Parrsnto appeared on behalf of the application of Skelly Oil Company for building permit and special use permit for Skelly Oil station on Beau d' Rue Drive near Highway 4113. The public hearing, it was noted had been continued from the April 1, 1969 meeting. Numerous property owners appeared again in objection to the application. After considerable discussion, upon motion by Klein, seconded by Rahn it was RESOLVED that the Town Attorney be requested to determine who the ~fner of the tri- angular plece abutting Highway 113 and the subject property is in order to determine whether the 250 ft. frontage require- ment under the ordinance is ut, with the understanding that if the present applicant is not the fee owner of the triangular piece that sufficient frontage be required; and further that in the event that the applicant does not own the triangular piece that a request be made to the State of Minnesota that the signs be removed from that area; It was FURTHER RESOLVED that the Town Joard would review the matter at its regular meeting May 20th including a proposed road lay-out in the area of Beau d' Rue Drive and Highway 113. Mr. William Grimme and Mr. Dick Burry appeared on behalf of the application of Alexander Construction Company to erp.ct and operate an asphalt plant on the Des Lauriers property near .' -5- Highway #13. A lar~e number of people appeared in opposition to the application. It was noted that the Advisory Planning Committee recommended denial. Mr. Grtmme presented the proposal. The Chairman read a letter from Timberline Assoc- iation opposing the application. After considerable guestions and discussion and upon motion by Klein, seconded by Uselmann aye Rahn, it was RESOLVED that said application be denied for reasons including the following: 1. It is understood that the plant will emit noxious smoke and undesirable odors. 2. The plant appears to have an undesirable aesthetic value in the area. 3. The APe had recommended denial. 4. An overwhelming number of property owners in the area who appeared objected to the application and the only proponent other than the applicant was the property ~fner. S. It was further noted that during the season there woul~ be a very large number of trucks on Highway #13 which is already a busy and over-crowded highway. 6. Only a nominal amount of tax revenue would result from the installation. The application of Kranz-Ganley Construction Company for building permit for American Fruit and Produce Co. on Lots 2, 3, and 4, Block 5, Eagandale Center Industrial Park was next presented. It was noted that the building permit would amount to 2% million dollars, with l28,OOO feet on one story. Upon motion by Klein, seconded by Rahn, it ~as -6- RESOLVED that said application be approved. Mr. Fred Hairsekorn appeared on behalf of the application of Economics Laboratory, Inc. for a building permit on proposed Lot 1, of Block 3, Eagandale Center Industrial Park, No.3, consisting of a 20 acre parcel south of Lone Oak Road. Upon motion by Klein, seconded by Rahn it was RESOLVED the building permit be approved subject to its location and further subject to approval by the Town Engineer and sub- mission of an application by the applicant. Mr. James O'Neil of Rauenhorst Development Corporation appeared on behalf of its application for approval of a preliminary plat for Eagandale Center Industrial Park, No.3. It was noted that the APe recommended approval. Upon motion by Rehn, seconded by Uselmann it was RESOLVED that a public hearing concerning that application for preliminary plat a~proval be scheduled for June 3, 1969 at 7:30 P.M. at the TOtm Ha 11. Dr. Ronald Ferguson appeared on behalf of his application for special use permit for a small animal hospital in the home formerly owned by Gordon Beaudette on Beau d'Rue Drive. The APC recommended approval. Upon motion by Klein, seconded by Rahn it was RESOLVED that the application be approved with the understandlng that there be no outside kenne1e on the property. Mr. James A. Baker appeared on behalf of the application of Dakota County Electric Coop to rezone and for a specfd use permit for a substation on Deerwood Drive near Blar.khawk -7- Road. After disc~ssion and upon motion by Klein, seconded by Uselmann it was RESOLVED that the matter be deferred to the May 20th meeting to permit a review of the location. James Diffley appeared on behalf of the application of Crot\IU Builders, Inc. for approval of prelimlnary plat in the NE~ of the SEt of Section 10. It was noted that the APC recommended approval. Upon motion by Klein, seconded by Rahn it was RESOLVED that a hearing on the preliminary plat of Lexington Addition consisting of 731 units be set for June 3rd at 8:00 P.M. at the Town Hall. Mr. Ray Rahn appear~d on behalf of his application for a building permit for a clubhouse for Parkview Golf Course in the E~ of the NW\, Sectlon 34, on Cliff Road. The building permit for $14,200.00, 24 x 32 ft. Upon motion by Klein, seconded by Uselmann it was RESOLVED that said application be approved. The Town Attorney submitted proposed franchise agreements for electrical services for Northern States Power and Dakota County Electric Coop and for gas franchise pur- poses for X.S.P. After discussion, upon motion by Uselmann, seconded by RaM, it was RESOLVED that said ordinances be approved as to form and that drafts be submitted to the uti111ity company for review and negotiation; It was FURTHER RESOLVED that no change in the service areas for electrical franchise purposes be ~e from that determined at an earlier Board meeting. The Board then discussed the proposed acquisiti0G of -8- Cedar Grove Utillties Company sewer and water facilities. It was noted that the Board had conducted publlc hearings concerning the buy-out and had reviewed the proposals on numerous occasions for acquisition of the system. Upon motion by Klein, seconded by Uselmann, aye Rahn, it was P~SOLVED that the Town Attorney be and hereby is authorized to commence arbltration proceedings pursuant to the sewer and water Franchise Agreements with Cedar Grove Utilities Company dated April 20, 1959; that Mr. Robert Bell, attorney from St. Paul be appointed the arbitrator for the Township on the basis that he appears to be knowledgabla in the fleld, and that notice be given to Cedar Grove Utilities Company that an arbitrator has been appointed requesting that the company appoint an arbitrator, and that the two appolnt a third according to the Franchise Agreement. The Town Attorney presented a letter concerning the McWilliams Constructlon Company utillty contract, Project No.4, that had been in default. It was noted that a balance of $15,152.54 was due on the contract and it was rec01llDlended that payment be made to Great American Insurance Company upon submission of releases of the action in the Hennepin County Distrlct Court and dismissal of all clatms. Upon motion by Rahn, seconded by Klein, aye Use1mann, it was RESOLVED that the work under the contract be accepted as complete and that said payment be made under the foregoing stipulation. Upon motion by Uselmann, seconded by Rahn it was nESOLVED that the Development Contuact submitted by the Town Attorney be and hereby is, approved for purposes of sub-dividers in the Township -9- Upon motion by Rahn, seconded by Use1.mann it was RESOLVED that the contract covering Project 14-B consisting of Timberline and Valley View Street surfacing improvements be, and hereby be executed by the approprlate officials. Upon further motion by Rahn, seconded by Uselmsnn it was RESOLVED that the contract covering Project No. 31 consisting of Eagandale Center Industrial Park improvements be and hereby be approved and ordered executed. The Town Clerk submitted a proposal ccaeerning propos~d assessment hearlngs for sewer and water and street improvements in certain areas or the Township including MUrphy House, Timberline, Zender Acres, McCarthy Ridge, Lone Oak Road, Rahn Road Extension, Cedar Industrial Park and Sibley Terminal Industrial Park. Upon motion by Uselmann, seconded by Klein it was RESOLVED that one assessment hearing covering all of said projects be and hereby is scheduled for 8:00 P.M. on June 2nd, 1969 at the Town Hall. The Town Attorney was requested to prepare an opinion concerniD8 proposed bond issues for Flre Hall, police and fire communications equlptment and fire truek purposes for the Town- ship. Upon motion by Rahn, seconded by Use1msnn, it was RESOLVED that Change order No.4 covering contract with Peter Lametti Construction Company consisting of Project No. 14, be, and hereby is approved. The Town Engineer presented a preltminary repo~t con- sisting of a change order for Project NO. 29 which report is dated May 6th, 1969, consisting of sewer and water services for -10- the Raymer Hardware area in the NEi; of Section 3. Upon motion by Klein, seconded by Rahn, it was RESOLVED that a bearing be scheduled for June 3, 1969 at 8:00 p.~ at the Town Hall, con- cering said project. The T~~ Engineer reported concerning the sewage lagoons and the odor problem and recommended the purchase of an additional aerator for the sum of $5,060.00 1'1ith a rental basis lncludlng ,:m option to buy with rent applied to the purchase prlce. Upon motion by Kleln, seconded by Rahn it was RESOLVED that said rental agreement be entered into with option to purchase from Waldor p~~ Company in that it appears that an emergency exists and that it is necessary to purchase said equiptment. Upon motion by Klein, seconded by Uselmann it was RESCL\~ that a 3.2 on-sale beer license for the Su Su Ling Restaurant on Beau d' Rue Drive be approved. The application of Villaume Industries, Inc., St. Paul for a variance on the set...baclt from the front lot line to a ft. was next submitted covering the proposed building at 2926 Lone Oak Circle in Eagandale Center Industrial Park No.2. It was noted that an earlier variance on the set-back had been granted for 1.B. ft. '. Upon motion duly made and seconded it was RESOLVED that the said application be recommended for denial. Upon motion by Use~ann, seconded by Kleln, it was RESOLVED that the recommended procedure. for conduct of meetings for the Board and the Advisory Planning Committee be,.aDd hereby are, approved. -11- Upon motlon by Rahn, seconded by Uselmann it was RESOLVED that the request for water main services for Bloomington- Eagan-Burnsville Pollution Control District site in Sections 17 and l8 be referred to the Town Engineer and further a petitlon for sewer and water services by 7 families in the Post Mdition. be referred to the Town Englneer. Upon motion by Rahn, seconded by Uselmann it t\l'as RESOLW' that the T~nl be authorized to acquire approxtmately 13 additional acres for the B-E-B Pollution Control District pro- posed sewer plant site from tOt~ funds and that the two member communities be billed on a proportinate basls under the B~E-B Joint Powers Agreement; and further that appropriate instruments be executed for the acquisition and transfer of the property. Upon motion by Klein, seconded by Rahn, it was RESOLVEn that Change Order E-l with Kostka Electric Company covering the Towr. Hall addition improvements be approved. Upon motion by Klein, seconded by Rahn it waS RESOLVh'D that Dr. Erickson of Rosemount be appointed as Health Officer of b.. Township for one additlonal year. Upon motion the bills were paid. Upon motion the meeting was adjourned. Dated: }~y 6th, 1969 120 ~ f3.r.J/f-<- Clerk