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.
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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.
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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.
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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.
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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
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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.
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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
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