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02/03/1970 - City Council Regularsnow plowing on the above roads for the current seacon and that the permanent take-over including the easement and maintenance be referred to the Town Engineer for recommendation as to condition of the roads. The Board then discussed with Mr.. Gabiou and Mr. Anderson a proposed East-West road on the Southerly line of Eagan Township and the Board requested that the County representative arrange a joint meeting with the Apple Valley and Burnsville officials concerning the proposed road. After the Pledge of Allegiance, upon motion duly made and seconded, it was RESOLVED that the minutes of the previous meeting be.. approved as meilad. Chairman Klein then announced that the Notice of Public Hearing required to be published in the Dakota County Tribune had inadvertently not been published and that the hearing concerning the application of Martin Shields to rezone from A, Agricultural to R-6 and C-1, the property at the SW intersection of Pilot Knob Road and Lone Oak Road would not be held on February 3. The Chairman also read a letter from Mr. Shields and Mr. James Pearson of Garden City Construction Company, the developer, requesting a continuance of the hearing for 90 days until May 5, 1970. The letter was dated February 3, 1970. It was noted that numerous property owners in the area of the proposed rezoning were present. Supervisor Uselmaan read a statement objecting to the proposed rezoning as follows: 1. That the proposed rezoning would not be compatible with the current zoning pattern in the immediate area of the Township. 2. That the proposed rezoning was not compatible with the Advisory Planning Committee Guidelines concerning zoning in the Town, 3. It would be detrimental to the elementary school it surrounds as well as to the established residential area, 4. Approval of the application would be contrary to the will of many interested citizens in the area as evidenced by their Petition. 5. Approval would not be compatible with the Advisory Planning Committee recommendations at their meeting of December 18, 1969. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that the request by the appli- cants for a 90-day continuance of the hearing be denied for the reasons that a 90-day continuance would be an undue delay; that it did not appear to be possible for the Park Committee nor the Board to make final decisions as to Park location or acquisition or financing of park land during that period; and for the further reason that interested citizens had requested that the Board act sooner in relation to the application. Upon further motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that there being no appearance on behalf of the applicant or their representatives and no objections, the hearing be re-scheduled for February 17, 1970 at 8:00 o'clock P.M. at the Town Hall. Because of the large number of interested persons at the hearing, the Chairman permitted informal discussion relative to the application for the benefit of those persons who indicated an inability to attend the February 17 hearing. Mr. John Myser of the Timberline area read a statement in relation to the application opposing the application. Dale Peterson, the building inspector, appeared and submitted a comparative review of building permit fees in several other adjacent areas in the metropolitan area. The Board requested that Mr. Peterson make recommendations to the Board at its regular meeting on February 17. -3.. Fire Chief Schultz and Assistant Fire Chief Adam appeared on behalf of the Fire Department. Chairman Klein read a letter from the Fire Underwriters Inspection Bureau indicating that the fire insurance classification for all of Eagan has been changed to Class 8 and commended the Fire Department for its work during the past years. The Fire Chief recommended that the proposed Mendota Fire Agreement decision be delayed until about the middle of March. The Fire Chief also submitted a proposal from the Firemen's Relief Association and requested a budget meeting relative to the budget request. Mr. Art Heyden, 3948 Cinibar, appeared requesting a building permit for a garage. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the request be referred to the Building Inspector to check the setbacks and report to the Board. The Clerk read a letter from E. E. Parranto concerning the application of High Site Inc. for approval of an apartment development project on a 30.3 acre site on the East side of Pilot Knob Road across from the Univac Building. The Clerk indicated that the applicant had requested a continuance of the matter. The application of Rauenhorst Corporation for final building permit for Corporate Square in Eagandale No. 3 on Appollo Road and Neil Armstrong Road was next submitted. Upon motion by Chairman KLein , seconded by Supervisor Uselmann, it was RESOLVED that the application be approved subject to compliance with the Town Engineer's proposed revisions, It was noted the application covered two buildings consisting of a cost of $450,000 and $420,000. The application of Rauenhorst Corporation for building permit for Weismantel, Inc. on Gemini Road and Lexington Avenue was stricken from the agenda at the request of the applicant. '4• The Board then reviewed the recommendation of the Advisory Planning Committee to rezone a triangular piece of property owned by Rauenhorst Corporation East of LeMay Lake and East of proposed Interstate 358 in the NEB of Section 10. An application was submitted by Rauenhorst Corporation requesting the rezoning of the one-half acre parcel from A, Agricultural to 1--1, Light Industrial. Upon motion by Chairman KLein, seconded by Supervisor Uselmann, it was RESOLVED that the public hearing concerning the application be set for March 3, 1970 at 8:00 o'clock P.M. at the Town Hall. A representative of Northern Natural Gas Company and People's Gas Company appeared concerning the complaint of Mr. F. C. Hass, 1539 McCarthy Road concerning noise and odor from the skeleton type station on the Hass property in Timberline Addition, The Company representatives indicated that they have submitted an application to the Federal Power Commission for permission to remove the station from that location and to establish one larger station in a different location. They expected that the McCarthy Road station will be removed by July of 1970 and in the interim the noise will be eliminated. Northern Natural Gas Company requested that the application for a building permit for reducing station in Section 17, NE of Ridge View Acres be withdrawn until a determination of a location for the larger station can be determined. A letter from Mr. Russell Sabian, 3620 Knoll Ridge Drive in Ridge View Acres objecting to the location of the station was read and received. The matter of the appearance of Mr. John Blu, 7544 Cedar Avenue South, Richfield relative to the operation of pet shop in Cedar- vale Shopping Center was stricken for lack of appearance and upon motion by Chairman Klein, seconded by Supervisor Rahn, the Clerk was instructed to notify Mr. Btu to appear relative to the matter at the next Board meeting. _5. The Town Attorney presented a letter from Thomas J. Rooney, 938 Minnesota Building, St. Paul, the attorney for T. W. Sommer, requesting that the application to rezone the Sommer land at the intersection of County Road #30 and Pilot Knob Road be withdrawn and the application be cancelled. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that said request for the withdrawal of the appli- cation be granted. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, it was RESOLVED that the application of Carl Olson on behalf of the Lancer Company to rezone from A. Agricultural to R-4 and R-6, property in Section 10, South of LeMay Lake be, and it hereby is, scheduled for public hearing on March 17, 1970 at 8:00 o'clock P.M. at the Town Hall, subject, however, to submission of a new application and fee covering the matter. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, it was RESOLVED that the application of Robert J. O'Niel to rezone 20 acres in Section 10, NW of Yankee Doodle Road and Lexington Avenue from A, Agricultural to R-6, Multiple Residential be scheduled for public hearing on March 17, 1970 at 8:00 o'clock P.M. at the Town Hall- The Town Attorney presented a request on behalf of Rauenhorst Corporation to vacate a utility easement in Block 5, Eagandale No. 3 for the reason that the utility line has been relocated. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, it was RESOLVED that the request be granted and that a public hearing to consider the vacation of the easement pursuant to statute be scheduled for March 17, 1970, at 8:00 o'clock P.M. at the Town Hall, with the understanding, however, that the applicant agree to pay reasonable fees and costs for vacation of the easement, The Board then reviewed the recommendation of the Advisory Planning Committee to rezone approximately 1 acre East of Pilot Knob Road, adjacent to the Univac plant on property lying along Jurdy Road to R-6. It was noted that the land formed an exception to land rezoned some months ago. The Board requested that the property owners appear expressing their indications relative to the rezoning. Mr. Charles Jewell and other residents of Bluestone Lane appeared in regard to the proposed fence adjacent to the Valley View Apartment Complex. A letter from Mr. Boron of Borson Construction Company was read. The Town Attorney was instructed to write Borson Construction Company requesting that a representative appear at the regular meeting on February 17 at approximately 9:00 o'clock P.M. to discuss and submit any proposed plan for screening the R-l area from the apartment complex. The Town Attorney submitted a proposed Ordinance No. 32, increasing the maximum fine limitation for ordinance violations. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, it was RESOLVED that the Ordinance No. 32 be approved and that the Clerk be instructed to publish the Ordinance according to law. The Town Engineer indicated that a Dakota County Municipal Engineer's Committee had been formed. Upon motion by Chairman Klein, seconded by Supervisor Uselmann, it was RESOLVED that the Town Engineer be authorized to attend the monthly meetings of the County Municipal Engineers on behalf of Eagan, with the costs for his engineering services to be borne equally by Lakeville, Apple Valley and Eagan Township. The Town Engineer submitted a proposed layout for power poles on Blackhawk Road submitted by Dakota County Electric Company through Ellerbe Architects. The matter was referred back to the Town Engineer for study and recommendation. -7• Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Supervisor Rahn, it was RESOLVED that the Town Engineer be instructed to prepare a written report advising the Board in a preliminary way as to the feasibility of street improvements in Eagandale Nos. 1 and 3, Cedar Industrial Park and Sibley Terminal Industrial Park, consisting of Improvement Project #51. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that the request of Martin Shields, Arthur Shields and Michael O'Connor for a feasibility study concerning sanitary sewer services North of LeMay Lake be accepted and that the Town Engineer be directed to prepare a written report advising the Board in a preliminary way as to whether the improvement project is feasible. The Town Attorney stated that the Secretary of the Minnesota Municipal Commission had called the attorney's office indicating that the MMC had issued an order granting representatives of Apple Valley to testify at the proposed Eagan Incorporation hearing to be held on March 12 and 13. The Board instructed the Town Attorney to call the Secretary, requesting a copy of the Order if such Order has been issued and also to express the Board's disapproval of the testimony by the Apple Valley officials. The Town Attorney submitted certain resolutions relative to the $174,000 utility bond issue and $280,000 B-E-B Bond Issue. Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that said resolutions be, and they hereby are, adopted and that copies be attached and made a part of these minutes. The Town Attorney submitted a request on behalf of Evergreen Park Developers, Inc., the Developers of Evergreen Park Addition on Pilot Knob Road, signed by Arnold A. Carlson, requesting that a temporary franchise be set up to operate the sewage treatment plant in Evergreen -8- Park Addition on the basis of filing a $5,000 bond guaranteeing the cost of satisfactory operation. After discussion and upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye Chairman Klein, it was RESOLVED that such a franchise agreement be prepared by the Town Attorney providing for a $5,000 operation bond and in the event of default in operation by the developer that the treatment plant revert to the Town without cost. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that the Town Engineer be authorized and directed to inspect three gravel pits as directed by the Board to determine whether the performance bonds on the gravel pits can be released. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, aye Chairman Klein, it was RESOLVED that the Town accept the construction of the storm sewer in Cedar Grove No. 7 Addition but that the developer maintain the system until streets are installed completely. The request of Northwestern Bell Telephone Company to grant a permit for installation of manholes on County Road #26 and other appurtenances be referred to the Town Engineer. The Town Attorney was requested to review the letter from Northern States Power Company concerning electrical rate changes in the Town to determine whether formal approval should be given by the Board of Supervisors. The proposed agreement with George Ohman for road maintenance in the Town for the balance of the present season was upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, RESOLVED accepted as presented, at the same rates as the prior agreement, Mr. Charles Hall requested to appear on the Board Agenda con- cerning the proposed park program on February 17, 1970 at 7:00 P.M. -9i Upon motion by Chairman Klein, seconded by Supervisor Rahn, aye Supervisor Uselmann, it was RESOLVED that Change Order No. 1 with Hoffman Bros. Inc. covering water and sewer laterals on Blackhawk Road and Silver Belle Road consisting of Project No. 44 in the amount of $2,451.63 be approved. Upon motion by Supervisor Rahn, seconded by Supervisor Uselmann, it was RESOLVED that Albert Perron be delegated as Ragan's representative to the Minnesota Agricultural Department Meeting in Farmington on February 13 Two letters from the Supervisor and the Attorney for the Pizza Hut Restaurant on Cedar Avenue were read by the Chairman concerning its request to combine the two separated areas in the restaurant for use by both minors and adults. The matter was referred to the Town Attorney and Police Chief for recommendation. Upon motion, all bills were ordered paid. Upon motion, the meeting adjourned. Dated: February 3, 1970 Town Clerk -10-