03/03/1970 - City Council Regular .r
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REGULAR MEETING OF THE BOARD OF SUPkVISGRS
TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA
March 3, 1970
6:30 P.M. - Meeting with fiscal consultant concerning bond issues.
1. Pledge of Allegiance - 7:30 P.M.
2. Approval of Minutes.
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3. Police Department Business - Review of request by Pizza Hut Restaurant
concerning permission for minors to enter adult section of the Pizza Hu;.
on Highway #13. (Informal)
4. Fire Department Business.
5. Utility Department Business.
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6. Building permits - Ronald Enright concerning residence in Section 35.
7. 8:00 P.M. Hearing on the application of Rauenhorst Development Corp. to
rezone approximately one-half acre, consisting of a triangular piece of
property East of LeMay Lake and East of proposed 135E, in the NEk of
Section 10. (Formal)
8. Naegele Outdoor Advertising application for billboard on Beau d'Rue Drive
and Highway #13. (Formal)
9. Application of High Site Inc. for approval of apartment development plan
on a 30.3 acre site on the East side of Pilot Knob Road. (APC recommended
approval subject to conditions.) (Formal)
1 Ili10. Review by Board of the Planning Committee recommendation to rezone a
one acre parcel East of Pilot Knob Road adjacent to proposed High Site
development from A, Agricultural to R-6. (Informal)
11. Review of request of Mr. John Blu relative to the operatrn .f spat-whop _ ^04
in the Cedarvale Shopping Center. (Informal)
12. Application of Associated Families by Wayne Winsor for final plat approval
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for Blackhawk Hills Addition.
IF13. Application of Don Chistenson for Harry Deer for variance for lot .;i.zp,
for residential building permit and for approval of preliminary plat for
Deer Addition on Highway #30 near NSF sub-station in Section 27. (Set
Hearing on preliminary plat.) (Formal)
1.4. Ap .ication of James Frisbee, Rosemount, to rezone from A, Agricultural
to R-1, Residential and for preliminary plat approval of the Peter Jurek
property located on Cliff Road, being the W of the SEA of Section 27.
(The APC recommends approval) (Set hearing) (Formal)
15. Application of Mrs. Anna Heuer and Metro Associates Inc. to rezone the
SE's of the SEA of Section 21 consisting of 40 acres at the NW corner
of Pilot Knob Road and Highway #30 from A, Agricultural to R-6 and C-1.
(Formal)
16. Proposed rate changes by Northern States Power Company for electrical
rates in the Township. (Informal)
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MINUTES OF A REGULAR MEETING OI' THE BQAP.D OF SUPERVISORS
TOWN OF EAGAN, DAKOT~'~ COUNTY, MINNESOTA
*-larch 3, 1970
A regular meeting of the Board of Supervisors of tt~ Town of Eag~ n,
Dakota County, Minnesota was held at the Town Hall on March 3, 1970, at
which all members were present,
At 6:30 P.M. the Board met with the Town Clerk, the Town Accountant,
the Town Engineer and the Town Attorney relative to proposed improvement
projects and bond issues during the year 1970. It was determined that the
Town Consultants supply the Board periodically with a review of the status
of improvement projects including assessments and financing so as to keep
the Board up to date on the status of the projects in the Town.
The 'town Engineer submitted a proposed list of recommended increases
for assessments for the year 1970. No action was taken concerning the
increases.
A representative of the County Assessor appeared concerning recommended
abatements in the Town including property owned by Eugene E. Burke, Anna
Hawmenn, Henry Bruestle, Norman C. Fletcher and Alexa A. Burrow. After
review and upon motion by Klein, seconded by Rahn, it was RESOLVED that the
said abatements be, and they hereby are, granted, pursuant to the list
attached to these minutes.
The minutes of the previous meeting were approved as mailed.
Police Chief Des Lauriers reported concerning the request of the Pizza
Hut Restaurant in Cedarvale Shopping Center fdr consent to merge the adult
and minor sections for purposes of the sale of 3.2 beer. Mr. Des Lauriers
reported that several other communities in the Twin Cities area have granted
the request of the Pizza Hut Restaurant fsi these axeas. Upon motion by
Uselmann, seconded by Rahn. aye Klein, it was RESOLVED that the Poard grant
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the request of the Pizza Hut RestaurGnti to use a single dining room for
service of 3.2 beer, provided however that it the Eagan Police Department
determines that there are any problems arising due to the operation of the
restaurant and the sale of 3.2 beer that the license may then be revolted
or the combined dining room be split into minor and adult sections, according ~
the Board's discretion.
Mr. Ronald Enright appeaired concerning the request for building permit
for a residence in Section 35. He indicated he had received no letter from
the County and the Town Attorney was requested to write a letter to the
County relative to the location of the proposed county park in that area.
Mr. Iiyrpn Hansen appeared requesting a trailer permit on the Larry
Oldenburg property Consisting of 3 acres at 4015 Dodd Road. It would replace
the Oldenburg trailer. Upon motion by IC1ein, seconded by Rahn, it was
RESOLVED that said permit be granted for a period of one year.
Mr. Levi Heuer appeared requesting a trailer permit on a 3 acre parcel
next to a home owned by him on that parcel at 1585 Deerwood Drive for
an elderly couple as a residence. Upon motion by Rahn, seconded by Uselmann,
it was RESOLVED that the application be approved with the understanding that
it is granted under the hardship pzovision and that no other occupants be
permitted to live in the trailer after the new occupants abandon it as a
residence. Klein abstained from the motion.
The Chairman announced the opening of the public hearing concerning
the application of Rauenhorst Development Corporation to rezone approximately
one-half acre consisting of a triangular piece of property East of LeMay Lake
and East of proposed I35E in the NEB of Section 10. There were no ob3ections
to the application. Upon motion by Klein, seconded by Uselmann, aye Rahn,
it was RESOLVED that said application for rezoning be, and it hereby is,
approved.
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The application of Naegele Outdoor Advertising Company for billboard on
Beau d`Rue Drive near Highway #13 for advertising Cedar Grove Construction
Company homes was next presented. It was noted that it requested a 10 ft. x
35 ft. double faced sign. Upon motion by Uselmann, seconded by Rahn, aye
Klein, it was RESOLVED that the billboard permit be granted subject, however
to the understanding that it be limited only for the advertising of Cedar
Grove Construction Company Homes in Eagan and further, compliance with the
other provisions of Ordinance #16.
The application of High Site Inc. for approval of an apartment development
plan on a 30.3 acre site on the East side of Pilot Knob Road was again deferree
for lack of appearance.
The Board reviewed the request of the Planning Committee to rezone a
one acre parcel East of Pilot I:nob Road adjacent to proposed High Site
Development from A, Agricultural to R-6, Multiple Residential. zt was noted
that the former I:enneth Aszmann property had been rezoned to R-6 and it was
determined that the Jurdy and Nlartensn properties not be rezoned at the
request of the owners. No action was taken.
rir. John Blu appeared relative to the proposed operation of a pet shop
in the Cedarvale Shopping Center. The Town Attorney reported conce rning
Department of Health and Pinnesota Livestock Sanitary $oard requirements
relative to pet shops. It was noted that there appeared to be no regulation
by the State of Minnesota relative to such operatir~n and upon motion by Rlein,
seconded by Uselmann, aye Rahn, it was RESOLVED that a special use permit
for the operation of the pet shop be granted to the applicant with the
understanding that only small animals and fish be raised and sold in the shop
and in the event that the applicant raises and sells animals including dogs,
it would cares under the jurisdiction of the Kennel Ordinance and that the
applicant apply for a kennel license at that time.
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Mr. Mayne Winsor appeared on behalf of Associated Families for
final plat approval for Blackhawk Hills Addition. It was noted that the
Advisory Planning Committee recommended that the Board require the grant of
an easement for sanitary sewer trunk through the property to run to as great
as extent as possible in conjuzxtian with the platted streets. The developers
iaidicated at the Planning Committee meeting that they would cooperate in the
grant of such an easement. In addition the developers wexe told that a
development contract should be prepared and executed concerning the constructi.a~
and cost of oft site improvements and streets in the subdivision. Upon motion
made and seconded, it was RESCLVED that the application for final plat
approval be, and it hereby is approved, with the foregoing stipulations.
Mr. Don Christenson appeared on behalf of Harry Deer for variance for
lot size, for residential building permit and for approval of preliminary
plat for Deer Addition on Highway X30 and rezoning to R-1, Residential near
the DCEC substation in Section 27. It was noted that the variance needed
would be from 15,000 sq. ft. to 14,800 sq. ft. and upon motion by Klein,
seconded by Rahn, aye Uselmann, it was RESOLVED that a building permit be
granted under the hardship clause and in addition the variance be granted
due to the fact that it is a Jana-locked piece; and further that the owner
be permitted to commence construction of the home on the parcel. Upon
further motion made and seconded, it was RESOLVED that a hearing on the
preliminary plat and on the application to rezone the property from A,
Agricultural to R-1, Single Family Residential be, and it hereby is scheduled
far April 7, 1970 at 8:00 P,ri.. The home will be 26' x 40' at a cost of
$30,000.
A hearing on the application of James Frisbee to rezone from A,
Agricultural to R-1, Residential and for preliminary plat approval of the
Peter Jurek property located on Cliff Road, being the W~ of the SEA, of
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Section 27 was, upon motion by Chairman Klein, seconded by Supervisor
Uselmann, aye Supervisor Rahn, set for April 7, 1970 at 8:00 o'clock P.M.
at the Town Hall.
Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn,
aye Chairman KLein, it was RESOLVED that a hearing on the application of
Mrs. Anna Heuer and Metro Associates, Inc, to rezone the SE's of the SEA of
Section 21 consisting of 40 acres on the l~l corner of Pilot Knob Road and
Highway ~~30 from A, Agricultural to R-6 and C-1 be set for April 7, 1970
at 8:00 o'clock P.M.. at the Town Hall.
Upon motion by Chairman Klein, seconded by Supervisor Rahn, aye
Supervisor Uselmann, it was RESOLVED that the request of Northein States
Power Company for approval of a reduction in residential electrical rates
as part of a staged reduction be, and they hereby are approved, pursuant
to notice to the Town Board.
Mr. Elmer Scott appeared on behalf of his application for gravel
pit permit on a 12 acre parcel in Section 24 on Highway ~~3 consisting of
the former Clarkson property. It was noted that Fischer Construction Company
would be employed by Mr. Scott to remove approximately 350,000 cubic yards
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of gravel. 6f ter considera'ele discussion concerning former complaints
concerning the operation by Fischer Construction Company of gravel pits in
the Town, upon motion by Supervisor Uselmann, seconded by Supervisor Rahn,
it was RESOLVED that the Hermit be granted, however, subject to compliance
with all ordinance requirements and in addition, a written agreement signed
by the owner and by Fischer Construction Company agreeing to comply with
all ordinances and regulations of the Town for the operation of the gravel
pit. Chasnnan Klein voted no.
The Chairman read a letter from Cedar Grove Construction Company
relative to the grant of ownership of park p4onerty in Cedar Grove ~o. 7
totia~ed the @nd of 1970. The Town B.ttorney was requested to write a letter
to Cedar Grove Construction Company requesting that the developer leave the
park in as near a natural state as possible, shaved to drain and with
approximately a ~ inch black dirt cover on the panic area.
The Town Engineer ~~resented a schedule of projects consisting of proposed
Improvement `'roject ~~50 relative to sanitary sewer, water and storm sewer
improvements in proposed Eagandale Center Industrial "ark ido. 4 and water
reservoir on Yanicee Doodle Road Tear Highway X45. Upon motion by Supervisor
Uselmann, seconded by supervisor Rahn, aye Chairman Klein, it was RESOLVED
that the preliminary report prepared by the Town Engineer be, and it
hereby is, accepted and ordered filed with the Town Cier'_:; that the acts of
the Town Engineer on behalf of the Board of 4upervisors requesting a
feasibility study be, and they hereby are, approved and ratified ~.n all
respects and further that a hearing on the preliminary report be scheduled
for lurch 24 at 7:OJ o'c1ocl:. P.M. at the 'town Hall and that the Cleric be
directed to notify all affected property owners.
Upon motiflatby Chairman Klein, seconded by Supervisor Uselmann, aye
Supervisor Hahn, it was RESOLVED that the Town Engineer be, and he hereby is,
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authorized and directed to prepare plane and specifications as folXo~ss'
(a) Improvement Project ~k51 concerning streets in four industrial sub-
divisions; (b) Project X50, Part 2, consisting of the 5 million gallon
water storage reservoir in the SW's of Section 12.
Upon motion by Supervisor Uselmann, seconded by Supervisor Rahn, aye
Chairman Klein, it was BESOLVED that the Town Engineer be, and he hereby
is, ordered and directed to prepare a preliminary report advising the
Town in a preliminary way as to whether proposed Improvement Project #49
consisting of water and sewer laterals in approximately 12 areas is feasible
and whether they should be installed as proposed or connected with some
other improvement projects. It was noted that request for utility improve-
meets have been received from property owners in all of the areas affected.
After discussion, upon motion by Supervisor Uselmann, seconded by
Supervisor Rahn, aye Chairman Klein, it was RESOLVED that the Town Engineer
be, and he hereby is, directed to prepare a written report advising the
Board in a preliminary way as to whether proposed Improvement Project #52
consisting of a central trunk sanitary sewer extension from the Blue Cross
property in the NW's of Section 11`, Easterly through Section 16 and 15 to
Pilot Knob Road is feasible and to report to the Board at a later time.
The Town Engineer read a proposed letter to the Alden Corporation
relative to the installation of utilities on the Alden Corporation property
West of Cedar Avenue.
A letter from Mr. Robed Boron of Box-Son Construction Company indicating
that the Company would not install a lattice fence on the property between
Valley View Apartments and Blue Stone Lane, but raCher would install a four
foot chain link fence. No action was taken conceraing the matter.
A letter was read from Mr. Kenneth Anderson, the Dakota County Traffic
Engineer relative to the request of the Eagan Board concerning cost of
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installation of street name signs on County roads. The Town Attor~ y was
again requested to write Mr. Anderson clarifying the request of the Eagan
Board concerning such costs.
The Town Attorney was requested to write the owner of the Airliner
Motel on Highway X55 that immediate action must be taken to correct a health
problem concerning the location of a mobile home on the property line of
the Airliner Motel and the resulting sewage flowing over the property line
on to the neighbor's property.
The Town Engineer reported concerning his request from Mark Hurd
relative to the mapping of the balance of the Town of Eagan. Upon motion
by Chairman Klein, seconded by Supervisor Rahn, aye Supervisor Uselmann,
it was RESOLVED that the remaining 11 sections consisting of approximately
7,040 acres be flown and mapped by Mark Hurd and further that the cost of
ref lying a portion of the Southern part of the Town be borne half by the
Tower in the sum of approximately $360.00.
The Town Attorney presented the following proposed ordinances and
amendments to ordinances: Amendment to Ordinance No. 24, Plumbing Ordinance;
Amendment to Ordinance No. 21, Plumbing and Electrical Licenses and Ordi-
nonce No. 33, Incorporation of Uniform Mechanical Code into Eagan Ordinances.
Upon motion by Chairman Klein, seconded by Supervisor Uselmann, aye Super-
visor Rahn, it was RESOLD that said proposed amendments to ordinances and
Ordinance No. 33 be, and they hereby are, adopted and the Clerk ordered to
publish said ordinances.
Upon motion duly made and seconded, the bills were ordered paid.
Upon motion, the meeting adjourned.
Dated: March 3, 1970
~-Town Clerk
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