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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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