01/06/1970 - City Council RegularMINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS
TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA
January 6, 1970
A regular meeting of the Board of Supervisors of the Town of Eagan
Dakota County, Minnesota, was held at the Town Hall on January 6, 1970
at 8 :00 o'clock P.M. at which all members 'were present. The pledge of
allegiande was first made.
The minutes of the previous meeting were approved as mailed.
The Board then discussed and reviewed a proposed snowmobile ordinance
numbered No. 31 that had been distributed to the Board and interested members
of the community relative to operation and control of snowmobiles in the
Township. The Police Chief and Town Attorney reviewed the snowmobile ordinance
with the Board and persons present and after considerable discussion, there
being no objections from interested parties in the audience, upon motion by
Rahn, seconded by Uselmann, aye Klein, it was RESOLVED that said ordinance be
adopted and that the Clerk be directed to publish the ordinance.
Mr. James, Olsen and Mr. Wally Dornfeld appeared on behalf of Juran &
Moodly, fiscal consultants, concerning proposed 1970 utility bond issue and
B -E -B bond issue. After discussion, upon motion by Klein, seconded by
Uselmann, aye Rahn, it was RESOLVED that the Extract of Minutes presented to
the Board be, and they hereby are, approved; that the notice of bond sale be
published; and that the bids be accepted on January 20, 1970 at 7:30 P.M.
Upon motion made and seconded it was RESOLVED that Dale Peterson, the
building inspector, be authorized to attend the state Building Inspectors
School at the University of Minnesota in January at the town's expense.
The Chairman noted that on December 11, 1969 the Board met at 5 :00 P.M.
pursuant to notice to receive and open bids for the utility bond issue and
-I-
B -E -B bond issue. No bids were received and the meeting at that time adjourned
without award of bids.
Mr. Lawrence Coss, 2794 Highway #55 appeared as owner of Spruce Motel
requesting a permit for two trailer homes. He indicated that they would be
used by his mother and an employee. Supervisor Uselmann moved to deny the
request for both. The motion was withdrawn. Upon motion by Rahn, seconded by
Uselmann, it was RESOLVED that a permit be granted for one trailer for one yea.
with the understanding that Mr. Coss's mother will occupy the trailer and
that it is not to be used for rental purposes.
Mr. Neil Black, the Eagan representative of the Metropolitan Airport
Sound Abatement Council appeared concerning the Metro Sound Council's activitic,,
He indicated that the council had proposed an urban development study relative
to land use planning in the high noise exposure areas. It is projected that
the study would recommend zoning and building codes in affected areas. The
cost would not exceed $25,000 with one -half proposed to be paid by the
Metropolitan Airport Commission. Upon motion by Klein, secondsi by Rahn, it
was RESOLVED that Mr. Black be authorized to expend up to $150 as the Ragan
pawtion of the study provided that the other municipalities and the Metro-
politan Airport Commission contribute their portion. Mr. Black indicated
the Eagan portion is proposed to be $122.60.
Mr. Kenneth Appelbaum and Mr. Pete Parranto appeared relative to alleged
inconsistencies in the R -1 zoning in Robert Karatz Addition near Yankee
Doodle Road. It was noted that some of the lots contained square footings
of approximately 11,000 square feet. Because the plat has now been filed
and because the square footage nearly complies with the requirements and
because of the buffer strip to the rear of the single family lots, upon motion
by Klein, seconded by Uselmann, it was RESOLVED that the applicant be granted
a variance from the square foot requirements and be permitted to construct
single family homes upon application and subsequent approval by the Board.
Upon motion by Chairman Klein, seconded by Uselmann, aye Rahn, it
was RESOLVED that the public hearing concerning the application of Sheridan
Investment Company to rezone from A, Agricultural to R -6, Multiple Residential,
the South 1/3 of the Ek of the NWk of Section 30, consisting of the Bolkeom
property on Cedar Avenue be, and it hereby is, scheduled for January 20, 1970
at 8:00 P.M. at the Town Hall.
The application of Lawrence Poppler to replat certain lots in Country
Home Heights Addition was stricken for lack of appearance.
After discussion, upon motion by Uselmann, seconded by Rahn, aye Klein,
it was RESOLVED that the application of the B -E -B Pollution Control District
for special use permit for the location of the sewage disposal plant facility
on the B -E -B property near Nichols Station be, and it hereby is, approved.
It was.noted that the Advisory Planning Committee recommended approval.
The application of Garden City Construction Company to rezone from A,
Agricultural to R -6 and C -1 the Martin Shields property South and West of
Lone Oak Road and Pilot Knob Road in Section 9 was next presented. It was
noted the APC recommended denial. The Board considered setting a hearing
on the application and questioned whether in light of the Planning Committee's
action it was necessary to hold a public hearing. The Board also discussed
the fact that because of the proposed park acquisition whether a continuance
of the application might be appropriate. After discussion, upon motion by
Klein, seconded by Rahn, aye Uselmann, it was RESOLVED that the public hearing
on the application be scheduled for February 3, 1970 at 8:00 P.M. at the
Town Hall. The Town Attorney was requested to review requirements concerning
the setting of the public hearing and the continuance.
The Board then discussed the proposed release of development bonds for
Cedar Grove Nos. 5 and 6. The Town Engineer recommended release of the street
bond in the sum of $85,000 and the boulevard, sod, trees and signs bond in
the sum of $15,212.50 covering Cedar Grove No. 5. The Town Engineer recommende•
release of the $120,000 bond for street improvements and driveway approaches
for Cedar Grove No. 6, but recommended that the $12,100 bond for off -site
improvements for Cedar Grove No. 6 be retained for the present. Upon motion
duly made by Klein, seconded by Uselmann, aye Rahn, it was RESOLVED that the
foregoing action be approved,
Upon motion by Klein, seconded by Uselmann, it was RESOLVED that the
contract covering street improvements in Timberline Addition consisting of
improvement Project No. 46 be, and it hereby is, approved and ordered executed
by the appropriate Town officials.
The Board then considered the recommendations of the Planning Committee
concerning the revision to the zoning ordinance to provide for notice to
adjacent property owners in case of any rezoning applications. After con-
siderable discussion by the Board and residents present at the meting, it
was determined that no revision be made, but that in lieu thereof that the
Clerk be requested in the notice sent to the newspapers, to include not only
the legal description of the area to be rezoned but also a location descriptionl
of the area intended to be rezoned. The Board also expressed its intent to
cooperate with adjacent property owners to make them aware of the rezoning
changes proposed.
A number of residents on Bluestone Lane in Cedar Grove appeared concerning
the request made by the Board through a letter signed by the Chairman of
October 24, 1969 to Borson Construction Company to put up a fence on the line
between the property owners adjacent to Bluestone Lane and the Borson Con-
struction apartment project on Rahn Road. It was noted that there had been
no reply from Borson Construction Company. The Town Attorney was requested to
write another letter to Borson Construction Company indicating that the
Board. desires Borson to construct a fence suitable to the developer, to
the neighbors and to the Town, and in addition some substantial shrubbery
to shield the view and divide the single family from the multiple dwelling
areas. The Board also discussed a proposed revision in the zoning ordinance
and directed the Town Attorney to make a proposal in this respect. The Town
Clerk was also requested to review the original application of DCR Company at
the time that the Borson Construction property was rezoned to determine
whether a fence was projectedet that time.
The Board then reviewed the proposed curfew ordinance No. 30. After
discussion, upon motion by Uselmann, seconded by Rahn, it was RESOLVED that
said ordinance be adopted and that the Cleric be directed to publish the
ordinance.
The Town Attorney reviewed the action of Eagan vs. Clarkson and indicated
that the Clarksons have now moved out of the Township. The Town Attorney
recommended the action which is scheduled for a jury trial in Dakota County
District Court be dismissed. Upon motion by Uselmann, seconded by Klein, it
was RESOLVED that the action be dismissed.
Upon motion by Klein, seconded by Uselmann, it was RESOLVED that Roger
Urban be granted a variance for building permit on a 3.7 acre parcel near
Holland Lake on Cliff Road for use for a one family residential house.
Supervisor Uselmann reviewed the minutes of the Park Board of December 29,
1969. It was noted that the Park Board recommended Mrs. Barbara Schmidt to
fill the vacancy on the Park Board. Upon motion by Rahn, seconded by Klein,
aye Uselmann, it was RESOLVED that Mrs. Schmidt who lives on Lone Oak Road be
appointed to fill the vacancy on the Park Board.
A letter from Associated Families indicating their desire to dedicate
9.3 acres in Blackhawk Hills Addition to the Township for park purposes was
received and read.
Upoa motion the meeting adjourned.
Dated: ,January 6, 1970. >,
er